Agenda
Regular Meeting of the
Bell City Council/Bell Community Housing Authority/Successor Agency to the Bell Community Redevelopment Agency/ Bell Public Finance Authority
Wednesday, May 8, 2024
5:30 P.M. CLOSED SESSION
7:00 P.M. OPEN SESSION
BELL COMMUNITY CENTER
6250 PINE AVENUE, BELL CA 90201
Ali Saleh
Mayor
Monica Arroyo Francis Flores
Vice-Mayor Council Member
Ana Maria Quintana Alicia Romero Council Member Council Member
Welcome to the City Council Meeting
The Bell City Council and staff welcome you. This is your City Government.
Individual participation is a basic part of American Democracy and all Bell residents are encouraged to attend meetings of the City Council. Regular City Council meetings are held the second and fourth Wednesday of the m onth at 7:00 p.m., Bell Community Center, 6250 Pine Avenue. For more information, you may call City Hall during regular business hours 8:00 a.m. to 4:00 p.m., Monday through Friday at (323) 588-6211 Extension 2615.
City Council Organization
There are five City Council members, one of whom serves as Mayor and is the presiding officer of the City Council. These are your elected representatives who act as a Board of Directors for the City of Bell. City Council members are like you, concerned residents of the community who provide guidance in the operation of your City.
Addressing the City Council
If you wish to speak to the City Council on any item which is listed or not listed on the City Council Agenda, please complete a Request to Speak Card available in the back of the City Council Chambers. Please submit the completed card to the City Clerk prior to the meeting. The Mayor will call you to the microphone at the appropriate time if you have filled out a Request to Speak Card. At that time, approach the podium and please clearly state your name and address, and proceed to make your comments.
Compliance with Americans with Disabilities Act
The City of Bell, in complying with the Americans with Disabilities Act (ADA), request individuals who require special accommodation(s) to access, attend, and or participate in a City meeting due to disability. Please contact the City Clerk’s Office, (323) 588-6211, Ext. 2615, at least one business day prior to the scheduled meeting to ensure that we may assist you.
Statement Regarding Compensation for Membe
rs of the Bell City Council
Compensation for the members of the Bell City Council is $673 a month. In accordance with Government Code Section 54952.3, Councilmembers will not receive any additional compensation or stipend for the convening of the following regular meetings: Successor Agency to the Bell Community Redevelopment Agency, the Bell Community Housing Authority, the Bell Public Finance Authority, the Bell Surplus Property Authority, and the Bell Solid Waste Authority.
Meeting of the
Bell City Council and Related Agencies
May 8, 2024
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 8, 2024
5:30 P.M. Closed Session
7:00 P.M. Regular Meeting
Location: Bell Community Center, 6250 Pine Avenue, Bell CA 90201
Call to Order
Roll Call of the City Council in their capacities as Councilmembers/Members of all Related Agencies: Councilmembers Flores, Quintana, Romero, Vice-Mayor Arroyo, and Mayor Saleh
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.
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)
Properties: 6400 Atlantic 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: 7030 Atlantic Avenue, Bell CA 90201
Agency negotiators: Michael L. Antwine II (City Manager), and Dave Aleshire (City Attorney) Negotiating parties: To be Determined
MEETING WILL BE HELD IN-PERSON AT THE BELL COMMUNITY CENTER
PUBLIC COMMENT: I f 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 calls 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 8, 2024. Any emails received after the time indicated will not be included in the record. Written Comments will be subject to the three minute ti me 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
May 8, 2024
c. CONFERENCE WITH REAL PROPERTY NEGOTIATORS (Pursuant to Government Code section 54956.8)
Property: 4400-4410 Gage Avenue, Bell CA 90201
Agency negotiators: Michael L. Antwine II (City Manager), and Dave Aleshire (City Attorney) Negotiating parties: To be Determined
d. CONFERENCE WITH LABOR NEGOTIATORS- Government Code Section 54957.6, Agency designated representatives: Michael L. Antwine II (City Manager), and Dave Aleshire (City Attorney) Employee Organization: Bell Police Officers Association (BPOA)
e. CONFERENCE WITH LABOR NEGOTIATORS- Government Code Section 54957.6, Agency designated representatives: Michael L. Antwine II (City Manager), and Dave Aleshire (City Attorney) Employee Organization: Bell City Employee Association (BCEA)
f. Conference with Legal Counsel – Anticipated Litigation Potential Initiation of litigation pursuant Government Code Section 54956.9(d)(4): One Case
Reconvene Regular City Council Meeting
Call to Order
Roll Call of the City Council in their capacities as Councilmembers/Members of all Related Agencies: Councilmembers Flores, Quintana, Romero, Vice-Mayor Arroyo, and Mayor Saleh
Pledge of Allegiance
City Attorney Report
The City Attorney will report out on any action(s) to be taken by the City Council/Agencies on Closed Session matters.
Presentations and Recognitions
a. OpenGov Presentation
b. Proclamation declaring May 19 – May 25, 2024 National Public Works Week
Communications from the Public
This is the time members of the public may address the City Council and related Authorities and Agencies on items that are on the agenda and on non-agenda items that are under the subject matter jurisdiction of City Council and/or its related authorities and agencies. (Each speaker is limited to three minutes)
Mayor and City Council Communications
Pursuant to Assembly Bill 1234, this is the time and place to provide a brief report on meetings, seminars and conferences attended by the Mayor and City Councilmembers.
City Manager Report
In this portion of the agenda, the City Manager will provide a brief report on items of interest to the City Council and/or the community.
Meeting of the
Bell City Council and Related Agencies
May 8, 2024
Business Session
1. Review of Fiscal Year 2024-25 Proposed Budget. (City Council)
Recommendation: It is recommended that the City Council:
1. Receive comments from the public, and provide feedback to staff;
2. Schedule two (2) budget workshops in June; and
3. Set the Public Hearing date to consider the final budget on June 12, 2024
2. Consideration to cancel the existing citywide janitorial contract with CM Simple Janitorial LLC and award the service to Commercial Building Management (CBM). (City Council)
Recommendation: It is recommended that the City Council:
1. Authorize the City Manager or his designees to cancel the existing contract with CM Simple Janitorial LLC; and
2. Re-award a new 3-year term of the contract to Commercial Building Management for a new annual amount of $123,588.00.
3. Consideration to Approve a Two-Year Agreement with AULA Athletic Club to Provide Referee Services for the 2024 & 2025 City of Bell - Youth Soccer Leagues. (City Council)
Recommendation: It is recommended that the City Council approve a two-year agreement with AULA Athletic Club to provide Referee Services for the 2024 & 2025 Youth Soccer Leagues in amount not to exceed $38,000.
4. A Resolution Adopting a List of Projects for FY 24/25 for the Use of Funds from the Road Repair and Accountability Act of 2017 (SB-1). (City Council)
Recommendation: It is recommended that the City Council read by title only, waive further reading and adopt Resolution 2024-20 titled:
A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF BELL
ADOPTING A LIST OF PROJECTS FOR FISCAL YEAR 2024 -
2025 TOTALLY OR PARTIALLY FUNDED BY SB -1: THE ROAD
REPAIR AND ACCOUNTABILITY ACT OF 2017 (SB 1)
5. Appointments of a Delegate and Alternate to Serve on the Southeast Gateway Line Corridor Cities Committee (formerly West Santa Ana Branch). (City Council)
Recommendation: It is recommended that the:
1. Mayor appoints a delegate and alternate to serve on the Southeast Gateway Line (SGL) Corridor Cities Committee; and
2. Add the SGL Corridor Cities Committee to the City Councils’ Committee List
6. Approve the Sale of Bell Community Housing Authority property located at 6229 Flora Avenue. (Bell Community Housing Authority)
Recommendation: It is recommended that the read by title only, waive further reading and adopt Resolution 2024-21 titled:
Meeting of the
Bell City Council and Related Agencies
May 8, 2024
A RE
SOLUTION OF THE BELL COMMUNITY HOUSING
AUTHORITY OF THE CITY OF BELL AUTHORIZING THE SALE
OF CERTAIN PROPERTY LOCATED AT 6229 FLORA AVENUE
IN THE CITY OF BELL
C
onsent Calendar
The fol
lowing 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.
R
ecommendation: Approve agenda items 7 and 8.
7. G
eneral Warrants, Successor Agency to the Bell Community Redevelopment Agency and Community Housing Authority Warrants of May 8, 2024. (Council/Successor Agency to the Bell Community Redevelopment Agency/Bell Community Housing Authority). 8 . Minutes for the Regular City Council Meetings of April 10 and April 24, 2024. (City C
ouncil/Successor Agency to the Bell Community Redevelopment Agency) P
ending Items – None
N
ext Regular Meeting, Wednesday, May 22, 2024
I, A
ngela Bustamante, City Clerk of the City of Bell, certify that a true, accurate copy of the foregoing agenda was posted May 4, 2024 at least seventy-two (72) hours prior to the meeting as required by law.
__________________________
Angela Bustamante, City Clerk
REGULAR MEETING OF THE
BELL CITY COUNCIL AND RELATED AGENCIES
May 8, 2024
5:30 P.M. Closed Session
7:00 P.M. Regular Session
INDEX
Agenda Category Item Number Page Numbers
CLOSED SESSION a – f
AGENDA & INDEX 1-7
PUBLIC HEARINGS None
BUSINESS SESSION 1 8
2 9-76
3 77-123
4 124-129
5 130-131
6 132-136
CONSENT CALENDAR 7 137-217
8 218-234
City of Bell
Agenda Report
DATE: May 08, 2024
TO: Mayor and Members of the City Council
PREPARED Michael L. Antwine II, City Manager
BY: Rickey S. Manbahal, Finance Director
FROM: Michael L. Antwine II (e-signature)
Michael L. Antwine II, City Manager
SUBJECT: Review of Fiscal Year 2024-25 Proposed Budget
RECOMMENDATION:
It is recommended that the City Council:
1. R eceive comments from the public, and provide feedback to staff
2. Schedule two (2) budget workshops in June
3. Set the Public Hearing date to consider the final budget on June 12, 2024.
BACKGROUND:
Per the City Charter, the City Manager shall submit to the Council the proposed budget 35 days prior to the beginning of each fiscal year. To comply with the Charter section, the City Manager’s Office will present the draft FY 2024-25 budget to the Council at the May 22, 2024 regular meeting.
DISCUSSION:
The proposed FY 2024-25 budget projects the City’s General Fund revenues of $19,032,893 and Expenditures of $20,172,497. The proposed FY 2024-25 budget is structurally unbalanced with a projected deficit of $1,1,39,604. As such, staff will be seeking Council direction on decreases of expenditures in various budgeted line items and revenue growth strategies to implement within the proposed budget FY 2024-25. Even though structurally unbalanced the proposed FY 24-25 budget maintains the city’s existing level of services: strategic investments of ARPA funds and improvements in our public infrastructure and allocation of personnel resources to the: Public Works, Police, and Human Resources Departments.
While there are always more needs and requests than resources available to the city, staff seeks the Council’s guidance and direction on the prioritization of the City’s fiscal resources within the following areas or any other areas: Infrastructure, Community Services (Recreation Programming), Economic Development and Fiscal Health and Sustainability.
ATTACHMENT(S):
1. None
AGENDA ITEM 1
ATTACHMENT 1
01135.0001/906865.1 1
CONTRACT SERVICES AGREEMENT
By and Between
CITY OF BELL
and
Commercial Building Management
AGREEMENT FOR CONTRACT SERVICES
BETWEEN THE CITY OF BELL AND
(CBM) COMMERCIAL BUILDING MANAGEMENT
THIS AGREEMENT FOR CONTRACT SERVICES (herein “Agreement”) is made and entered into this 8 day of May , 2024 by and between the City of Bell, a California charter city (“City”) and Commercial Building Management (“Consultant”). City and Consultant may be referred to, individually or collectively, as “Party” or “Parties.”
RECITALS
A. City has sought, by issuanc e of a Request for Proposals or Invitation for Bids, the performance of the services defined and described particularly in Article 1 of this Agreement.
B. Consultant, following submission of a proposal or bid for the performance of the services defined and described particularly in Article 1 of this Agreement, was selected by the City to perform those services.
C. Pursuant to the City of Bell Municipal Code , City has authority to enter into and execute this Agreement.
D. The Parties desir e to formalize the selection of Consultant for performance of those services defined and described particularly in Article 1 of this Agreement and desire that the terms of that performance be as particularly defined and described herein.
OPERATIVE PROVISIONS
NOW, THEREFORE, in consideration of the mutual promises and covenants made by the Parties and contained herein and other consideration, the value and adequacy of which are hereby acknowledged, the parties agree as follows:
ARTICLE 1. SERVICES OF CONSULTANT
1.1 Scope of Services.
In compliance with all terms and conditions of this Agreement, the Consultant shall provide those services specified in the “Scope of Services” attached hereto as Exhibit “A” and incorporated herein by this reference, which may be referred to herein as the “services” or “work” hereunder. As a material inducement to the City entering into this Agreement, Consultant represents and warrants that it has the qualifications, experience, and facilities necessary to properly perform the services required under this Agreement in a thorough, competent, and professional manner, and is experienced in performing the work and services contemplated herein. Consultant shall at all times faithfully, competently and to the best of its ability, experience and talent, perform all services described herein. Consultant covenants that it shall follow the highest professional standards in performing the work and services required hereunder and that all materials will be both of good quality as well as fit for the purpose intended. For purposes of this Agreement, the phrase “highest professional standards” shall mean those 01135.0001/906865.1
ATTACHMENT 1
01135.0001/906865.1 2
standards of practice recognized by one or more first -class firms performing similar work under similar circumstances.
1.2 Consultant’s Proposal.
The Scope of Services shall include the Consultant’s scope of work or bid which shall be incorporated herein by this reference as though f ully set forth herein. In the event of any inconsistency between the terms of such proposal and thi s Agreement, the terms of this Agreement shall govern.
1.3 Compliance with Law.
Consultant shall keep itself informed concerning, and shall render all services hereunder in accordance with , all ordinances, resolutions, statutes, rules, and regulations of the C ity and any Federal, State or local governmental entity having jurisdiction in effect at the time service is rendered.
1.4 California Labor Law.
If the Scope of Services includes any “public work” or “maintenance work,” as those terms are defined in California Labor Code section 1720 et seq. and California Code of Regulations, Title 8, Section 16000 et seq. , and if the total compensation is $1,000 or more, Consultant shall pay prevailing wages for such work and comply with the requirements in California Labor C ode section 1770 et seq. and 1810 et seq ., and all other applicable laws, including the following requirements:
(a) Public Work. The Parties acknowledge that so me or all of the work to be performed under this Agreement is a “public work” as defined in Labor C ode Section 1720 and that this Agreement is therefore subject to the requirements of Division 2, Part 7, Chapter 1 (commencing with Section 1720) of the California Labor Code relating to public works contracts and the rules and regulations established by t he Department of Industrial Relations (“DIR”) implementing such statutes. The work performed under this Agreement is subject to compliance monitoring and enforcement by the DIR. Consultant shall post job site notices, as prescribed by regulation.
(b) Prevailing Wages . Consultant shall pay prevailing wages to the extent required by Labor Code Section 1771. Pursuant to Labor Code Section 1773.2, copies of the prevailing rate of per diem wages are on file at City Hall and will be made available to any interested p arty on request. By initiating any work under this Agreement, Consultant acknowledges receipt of a copy of the Department of Industrial Relations (DIR) deter mination of the prevailing rate of per diem wages, and Consultant shall post a copy of the same at each job site where work is performed under this Agreement.
(c) Penalty for Failure to Pay Prevailing Wages. Consultant shall comply with and be bound by the provisions of Labor Code Sections 1774 and 1775 concerning the payment of prevailing rates of wages to workers and the penalties for failure to pay prevailing wages. The Consultant shall, as a penalty to the City, forfeit two hundred dollars ($200) for each c alendar
ATTACHMENT 1
01135.0001/906865.1 3
day, or portion thereof, for each worker paid less than the prevailing rates as determined by the DIR for the work or craft in which the worker is employed for any public work done pursuant to this Agreement by Consultant or by any subcontractor.
(d) Payroll Records . Consultant shall comply with and be bound by the provisions of Labor Code Section 1 776, which requires Consultant and each sub consultant to:
keep accurate payroll records and verify such records in writing under penalty of perjury, as specified in Section 1776; certify and make such payroll records available for inspection as provided by Section 1776; and inform the City of the location of the records. (e) Apprentices. Consultant shall comply with and be bound by the provisions of Labor Code Sections 1777.5, 1777.6, and 1777.7 and California Code of Regulations Title 8, Section 200 et seq. concerning the employment of apprentices on public works projects.
Consultant shall be responsible for compliance with these aforementioned Sections for all apprenticeable occupations. Prior to commencing work under this Agreement, Consultant shall provide City with a copy of the information submitted to any applicable apprenticeship program.
Within sixty (60) days after concluding work pursuant to this Agreement, Consultant and each of its subconsultants shall submit to the City a verified statement of the j ourneyman and apprentice hours performed under this Agreement.
(f) Eight-Hour Work Day. Consultant acknowledges that eight (8) hours labor constitutes a legal da y's work. Consultant shall comply with and be bound by Labor Code Section 1810.
(g) Penalties for Excess Hours. Consultant shall comply with and be bound by the provisions of Labor Code Section 1813 concerning penalties for workers who work excess hours. The Consultant shall, as a penalty to the City, forfeit twenty -five dollars ($25) for each worker emplo yed in the performance of this Agreement by the Consultant or by any subcontractor for each calendar day during which such worker is required or permitted to work more than eight (8) hours in any one calendar day and forty (40) hours in any one calendar we ek in violation of the provisions of Division 2, Part 7, Chapter 1, Article 3 of the Labor Code.
Pursuant to Labor Code section 1815, work performed by employees of Consultant in excess of eight (8) hours per day, and forty (40) hours during any one week s hall be permitted upon public work upon compensation for all hours worked in excess of 8 hours per day at not less than one and one-half (1½) times the basic rate of pay.
(h) Workers’ Compensation. California Labor Code Sections 1860 and 3700 provide that ever y employer will be required to secure the payment of compensation to its employees if it has employees. In accordance with the provisions of California Labor Code Section 1861, Consultant certifies as follows:
“I am aware of the provisions of Section 3700 of the Labor Code which require every employer to be insured against liability for workers' compensation or to undertake self-insurance in accordance with the provisions of that code, and I will comply with such provisions before commencing the performance of the work of this contract.”
ATTACHMENT 1
01135.0001/906865.1 4
Consultant’s Authorized Initials ________
(i) Consultant’s Responsibility for Subcontractors. For every subcontractor who will perform work under this Agreement, Consultant shall be responsible for such subcontractor's compliance with Division 2, Part 7, Chapter 1 (commencing with Section 1720) of the California Labor Code, and shall make such compliance a requirement in any con tract with any subcontractor for work under this Agreement. Consultant shall be required to take al l actions necessary to enforce such contractual provisions and ensure subcontractor's compliance, including without limitation, conducting a review of the certified payroll records of the subcontractor on a periodic basis or upon becoming aware of the fail ure of the subcontractor to pay his or her workers the specified prevailing rate of wages. Consultant shall diligently take corrective action to halt or rectify any such failure by any subcontractor.
1.5 Licenses, Permits, Fees and Assessments.
Consultant shall obtain at its sole cost and expense such licenses, permits , background checks, and approvals as may be required by law for the performance of the services required by this Agreement. Consultant shall have the sole obligation to pay for any fees, assessme nts and taxes, plus applicable penalties and interest, which may be imposed by law and arise from or are necessary for the Consultant’s performance of the services required by this Agreement, and shall indemnify, defend and hold harmless City , its officers, employees or agents of City, against any such fees, assessments, taxes , penalties or interest levied, assessed or imposed against City hereunder.
1.6 Familiarity with Work.
By executing this Agreement, Consultant warrants that Consultant (i) has thoroughly investigated and considered the scope of services to be performed, (ii) has carefully considered how the services should be performed, and (iii) fully unders tands the facilities, difficulties and restrictions attending performance of the services under thi s Agreement. If the services involve work upon any site, Consultant warrants that Consultant has or will investigate the site and is or will be fully acquainted with the conditions there existing, prior to commencement of services hereunder. Should the Consultant discover any latent or unknown conditions, which will materially affect the performance of the services hereunder, Consultant shall immediately inform the City of such fact and shall not proceed except at Consultant’s risk until written instruction s are received from the Contract Officer.
1.7 Care of Work.
The Consultant shall adopt reasonable methods during the life of the Agreement to furnish continuous protection to the work, and the equipment, materials, papers, documents, plans, studies and/or othe r components thereof to prevent losses or damages, and shall be responsible for all such damages, to persons or property, until acceptance of the work by Cit y, except such losses or damages as may be caused by City’s own negligence.
ATTACHMENT 1
01135.0001/906865.1 5
1.8 Further Responsibilities of Parties.
Both parties agree to use reasonable care and diligence to perform their respective obligations under this Agreement. Both parties agree to act in good faith to execute all instruments, prepare all documents and take all actions as may be reasonably necessary to carry out the purposes of this Agreement. Unless hereafter specified, neither party shall be responsible for the service of the other.
1.9 Additional Services.
City shall have the right at any time during the performance of the services, without invalidating this Agreement, to order extra work beyond that specified in the Scope of Services or make changes by altering, adding to or deducting from said work. No such extra work may be undertaken unless a written order is first given by the Contract Officer to the Consultant, incorporating therein any adjustment in (i) the Contract Sum for the actual costs of the extra work, and/or (ii) the time to perform this Agreement, which said adjustments are subject to the written approval of the Consultant. Any increase in compensation of up to ten percent (10%) of the Contract Sum or $25,000, whichever is less; or, in the time to perform of up to one hundred eighty (180) days, may be approved by the Contract Officer. Any greater increases, taken either separately or cumulatively, must be approved by the City Council. It is expressly understood by Consultant that the provisions of this Section shall not apply to services specifically set forth in the Scope of Services. Consultant hereby acknowledges that it accepts the risk that the services to be provided pursuant to the Scope of Services may be more costly or time consuming than Consultant anticipates and that Consultant shall not be entitled to additional compensation therefor. City may in its sole and absolute discretion have similar work done by other Consultants. No claims for an increase in the Contract Sum or time for performance shall be valid unless the procedures established in this Section are followed.
1.10 Special Requirements.
Additional terms and conditions of this Agreement, if any, which are made a part hereof are set forth in the “Special Requirements” attached hereto as Exhibit “B” and incorporated herein by this reference. In the event of a conflict between the provisions of Exhibit “B” and a ny other provisions of this Agreement, the provisions of Exhibit “B” shall govern.
ARTICLE 2. COMPENSATION AND METHOD OF PAYMENT.
2.1 Contract Sum.
Subject to any limitations set forth in this Agreement, City agrees to pay Consultant the amounts specified in the “Schedule of Compensation” attached hereto as Exhibit “C” and incorporated herein by this reference. The total compensation, including reimbursement for actual expenses, shall not exceed One Hundred Twenty-Three Thousand Five Hundred Eighty-Eight Dollars ($123,588.00) (the “Contract Sum”), unless additional compensation is approved pursuant to Section 1.9.
ATTACHMENT 1
01135.0001/906865.1 6
2.2 Method of Compensation.
The method of compensation may include: (i) a lump sum payment upon completion ; (ii) payment in accordance with specified tasks or the percentage of completion of the services, less contract retention; (iii) payment for time and materials based upon the Consultant’s rates as specified in the Schedule of Compensation, provided that (a) time estimates are provided for the performance of sub tasks , (b) contract retention is maintained, and (c) the Contract Sum is not exceeded; or (iv) such other methods as may be specified in the Schedule of Compensation.
2.3 Reimbursable Expenses.
Compensation may include reimbursement fo r actual and necessary expenditures for reproduction costs, telephone expenses, and travel expenses approved by the Contract Officer in advance, or actual subcontractor expenses of an approved subcontractor pursuant to Section 4.5, and only if specified in the Schedule of Compensation. The Contract Sum shall include the attendance of Consultant at all project meetings reasonably deemed necessary by the City.
Coordination of the performance of the work with City is a critical component of the services. If Consultant is required to attend additional meetings to facilitate such coordination, Consultant shall not be entitled to any additional compensation for attending said meetings.
2.4 Invoices.
Each month Consultant shall furnish to City an original invoice for a ll work performed and expenses incurred during the preceding month in a form approved by City ’s Director of Finance. By submitting an invoice for payment und er this Agreement, Consultant is certifying compliance with all provisions of the Agreement. The in voice shall contain all information specified in Exhibit “C” , and shall detail charges for all necessary and actual expenses by the following categories: labor (by sub -category), travel, materials, equipment, supplies, and sub - contractor contracts. Sub-contractor charges shall also be detailed by such categories. Consultant shall not invoice City for any duplicate services performed by more than one person.
City shall independently review each invoice submitted by the Consultant to determine whether the work performed and expenses incurred are in compliance with the provisions of this Agreement. Except as to any charges for work performed or expenses incurred by Consultant which are disputed by City, or as provided in Section 7.3, City will use its best eff orts to cause Consultant to be paid within forty -five (45) days of receipt of Consultant’s correct and undisputed invoice; however, Consultant acknowledges a nd agrees that due to City warrant run procedures, the City cannot guarantee that payment will occu r within this time period . In the event any charges or expenses are disputed by City, the original invoice shall be returned by City to Consultant for correction and resubmission. Review and payment by City for any invoice provided by the Consultant shall not constitute a waiver of any rights or remedies provided herein or any applicable law.
2.5 Waiver.
Payment to Consultant for work performed pursuant to this A greement shall not be deemed to waive any defects in work performed by Consultant.
ATTACHMENT 1
01135.0001/906865.1 7
ARTICLE 3. PERFORMANCE SCHEDULE
3.1 Time of Essence.
Time is of the essence in the performance of this Agreement.
3.2 Schedule of Performance.
Consultant shall commence the services pursuant to this Agreement upon receipt of a written notice to proceed and shall perform all services within the time period(s) established in the “Schedule of Performance ” attached hereto as Exhibit “D” and incorporated herein by this reference. When requested by t he Consultant, extensions to the time period(s) specified in the Schedule of Performance may be app roved in writing by the Contract Officer but not exceeding one hundred eighty (180) days cumulatively.
3.3 Force Majeure.
The time period(s) specified in the Schedule of Performance for performance of the services rendered pursuant to this Agreement shall be e xtended because of any delays due to unforeseeable causes beyond the control and without the fault or negligence of the Consultant, including, but not restri cted to, acts of God or of the public enemy, unusually severe weather, fires, earthquakes, floods, epidemics, quarantine restrictions, riots, strikes, freight embargoes, wars, litigation, and/or acts of any governmental agency, including the City, if the Consultant shall within ten (10) days of the commencement of such delay notify the Contract Officer in writing of the causes of the delay. The Contract Officer shall ascertain the facts and the extent of delay, and extend the time for performing the service s for the period of the enforced delay when and if in the judgment of the Contract Officer such del ay is justified. The Contract Officer ’s determination shall be final and conclusive upon the parties to this Agreement. In no event shall Consultant be entitled to recover damages against the City for any delay in the performance of this Agreement, however caused, Consultant’s sole remedy being extension of the Agreement pursuant to this Section.
3.4 Term.
Unless earlier terminated in accordance with Article 7 of this Agreement, this Agreement shall continue in full force and effect until completion of the serv ices but not exceeding three (3) years from the date hereof, except as otherwise provided in the Schedule of Performance (Exhibit “D”).
ARTICLE 4. COORDINATION OF WORK
4.1 Representatives and Personnel of Consultant.
The following principals of Consultant (“Principals”) are hereby designated as being the principals and representatives of Consultant authorized to act in its behalf with respect to the work specified herein and make all decisions in connection therewith:
ATTACHMENT 1
01135.0001/906865.1 8
Jesus Velasco General Manager
(Name) (Title)
(Name) (Title)
It is expressly understood that the experience, knowledge, capability and reputation of the foregoing principals were a substantial inducement for City to enter into this Agreement.
Therefore, the foregoing principals shall be responsible during the term of this Agreement for directing all activities of Consultant and devoting sufficient time to personally supervise the services hereunder. All personnel of Consultant, and any authorized agents, shall at all times be under the exclusive direction and control of the Principals. For purposes of this Agreement, the foregoing Principals may not be replaced nor may their responsibilities be substantially reduced by Consultant without the express written approval of City. Additionally, Consultant shall utilize only competent personnel to perform services pursuant to this Agreement. Consultant shall make every reasonable effort to maintain the stability and continuity of Consultant’s staff and subcontractors, if any, assigned to perform the services required under this Agreement.
Consultant shall notify City of any changes in Consultant’s staff and subcontractor s, if any, assigned to perform the services required under this Agreement, prior to and during any such performance.
4.2 Status of Consultant.
Consultant shall have no authority to bind City in any manner, or to incur any obligation, debt or liability of any kind on behalf of or against City, whether by contract or otherwise, unless such authority is expressly conferred under this Agreement or is otherwise expressly conferred in writing by City. Consultant shall not at any time or in any manner represent that Consultant or any of Consultant’s officers, employees, or agents are in any manner officials, officers, employees or agents of City. Neither Consultant, nor any of Consultant’s officers, employees or agents, shall obtain any rights to retirement, health care or any other benefits which may otherwise accrue to City ’s employees. Consultant expressly waives any claim Consultant may have to any such rights.
4.3 Contract Officer.
The Contract Officer shall be City’s Community Services Director , or such person as may be designated by the City Manager. It shall be the Consultant’s responsibility to assure that the Contract Officer is kept informed of the progress of the performance of the services and the Consultant shall refer any decisions which must be made by City to the Contract Officer. Unless otherwise specified herein, any approval of City required hereunder shall mean the appro val of the Contract Officer. The Contract Officer shall have authority, if specified in writing by the City Manager, to sign all documents on behalf of the City required hereunder to carry out the terms of this Agreement.
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4.4 Independent Consultant.
Neither the City nor any of its employees shall have any control over the manner, mode or means by which Consultant, its agents or employees, perform the services required herein, except as otherwise set forth herein. City shall have no voice in the selection, disc harge, supervision or control of Consultant’s employees, servants, representatives or agents, or in fixing their number, compensation or hours of service. Consultant shall perform all services required herein as an independent contractor of City and shall remain at all times as to City a wholly independent contractor with only such obligations as are consistent with that role. Consultant shall not at any time or in any manner represent that it or any of its agents or employees are agents or employees of City. City shall not in any way or for any purpose become or be deemed to be a partner of Consultant in its business or otherwise or a join t venturer or a member of any joint enterprise with Consultant.
4.5 Prohibition Against Subcontracting or Assignment.
The ex perience, 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 par t 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 f or 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 owners hip and/or control of Consultant, taking all transfers into account on a cumulative basis. In the event of any such unapproved transfer, including any bankruptcy proceeding, this Agreement shall be void. No approved transfer shall release the Consultant or any surety of Consultant of any liability hereunder without the express consent of City.
ARTICLE 5. INSURANCE AND INDEMNIFICATION
5.1 Insurance Coverages.
Without limiting Consultant’s indemnification of City, and prior to commencement of any services under this Agreeme nt, Consultant shall obtain, provide and maintain at its own expense during the term of this Agreement, policies of insurance of the typ e and amounts described below and in a form satisfactory to City.
(a) General liability insurance . Consultant shall mai ntain commercial general liability insurance with coverage at least as broad as Insurance Services Office form CG 00 0 1, in an amount not less than $2,000,000 per occurrence, $4 ,000,000 general aggregate, for bodily injury, personal injury, and property da mage. The policy must include contractual liability that has not been amended. Any endorsement restricting standard ISO “insured contrac t” language will not be accepted.
(b) Automobile liability insurance . Consultant shall maintain automobile insurance at least as broad as Insurance Services Office form CA 00 01 covering bodily injury
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and property damage for all activities of the Consultant arising out of or in connection with Services to be performed under this Agreement, including coverage for any owned, hired, non- owned or rented vehicles, in an amount not less than $1,000,000 combined single limit for each accident.
(c) Professional lia bility (errors & omissions) insurance . Consultant shall maintain professional liability insurance that covers the Servic es to be performed in connection with this Agreement, in the minimum amount of $1,000,000 per claim and in the aggregate. Any policy inception date, continuity date, or retroactive date must be before the effective date of this Agreement and Consultant agrees to maintain continuous coverage through a period no less than three (3) years after completion of the services required by this Agreement. (d) Workers’ compensation insurance . Consultant shall maintain Workers’ Compensation Insurance (Statutory Limits) and Employer’s Liability Insurance (with limits of at least $1,000,000).
(e) Subcontractors. Consultant shall include all subcontractors as insureds under its policies or shall furnish separate certificates and certified endorsements for each subcontractor. All coverages for subcontractors shall include all of the requirements stated herein.
(f) Additional Insurance. Policies of such ot her insurance, as may be required in the Special Requirements in Exhibit “B”.
5.2 General Insurance Requirements.
(a) Proof of insurance . Consultant shall provide certificates of insurance to City as evidence of the insurance coverage required herein, along with a waiver of subrogation endorsement for workers’ compensation. Insurance certificates and endorsements must be approved by City’s Risk Manager prior to commencement of performance. Current certification of insurance shall be kept on file with City at a ll times during the term of this Agreement. City reserves the right to require complete, certified copies of all require d insurance policies, at any time.
(b) Duration of coverage . Consultant shall procure and maintain for the duration of this Agreement insurance against claims for injuries to persons or damages to property, which may arise from or in connection with the p erformance of the Services hereunder by Consultant, its agents, representatives, employees or subconsultants. (c) Primary/noncontributing. Coverage provided by Consultant shall be primary and any insurance or self-insurance procured or maintained by City shall not be required to contribute with it. The limits of insurance required herein may be satisfied by a combination of primary and umbrella or excess insurance. Any umbrella or excess insurance shall contain or be endorsed to contain a provision that su ch coverage shall also apply on a primary and non - contributory basis for the benefit of City before the City’s own insurance or self -insurance shall be called upon to protect it as a named insured.
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(d) City’s rights of enforcement. In the event any policy of insurance required under this Agreement does not comply with these specifications or is canceled and not replaced, City has the right but not the duty to obtain the insurance it deems necessary and any premium paid by City will be promptly reimbursed by Consultant or City will withhold amounts sufficient to pay premium from Consultant payments. In the alternative, City may cancel this Agreement. (e) Acceptable insurers. All insurance policies shall be issued by an insurance company currently authorized b y the Insurance Commissioner to transact business of insurance or that is on the List of Approved Surplus Line Insurers in the State of California, with an assigned policyholders’ Rating of A- (or higher) and Financial Size Category Class VI (or larger) in accordance with the latest edition of Best’s Key Rating Guide, unless otherwise approved by the City’s Risk Manager.
(f) Waiver of subr ogation. All insurance coverage maintained or procured pursuant to this agreement shall be endorsed to waive subrogation against City, its elected or appointed officers, agents, officials, employees and volunteers or shall specifically allow Consultant or others providing insurance evidence in compliance with these specifications to waive their right of recovery prior to a loss. Consultant hereby waives its own right of recovery against City, and shall require similar written express waivers and insurance clauses from each of its subconsultants.
(g) Enforcement of contract provisions (non -estoppel). Consultant acknowledges a nd agrees that any actual or alleged failure on the part of the City to inform Consultant of non -compliance with any requirement imposes no additional obligations on the City nor does it waive any rights hereunder.
(h) Requirements not limiting . Requirements of specific coverage features or limits contained in this section are not intended as a limitation on coverage, limits or other requirements, or a waiver of any coverage normally provided by any insurance. Specific reference to a given coverage feature is for purposes of clarification only as it pertains to a given issue and is not intended by any party or insured to be all inclusive, or to the exclusion of other coverage, or a waiver of any type. If the Consultant maintains higher limits than the minimu ms shown above, the City requires and shall be entitled to coverage for the higher limits maintained by the Consultant. Any available in surance proceeds in excess of the specified minimum limits of insurance and coverage shall be available to the City. (i) Notice of cancellation . Consultant agrees to oblige its insurance agent or broker and insurers to provide to City with a thirty (30) day notice of cancellation (except for nonpayment for which a ten (10) day notice is required) or nonrenewal of coverage f or each required coverage.
(j) Additional insured status . General liability policies shall provide or be endorsed to provide that City a nd its officers, officials, employees, and agents, and volunteers shall be additional insureds under such policies. This provision shall also apply to any excess/umbrella liability policies.
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(k) Prohibition of undisclosed coverage limitations . None of the coverages required herein will be in compliance with these requirements if they include any limiting endorsement of any kind that has not been first submitted to City and approved of in writing. (l) Separation of insureds. A severability of interests provision must apply for all additional insureds ensuring that Consultant’s insurance shall apply separately to each insured against whom claim is made or suit is brought, except with respect to the insurer’s limits of liability. The policy(ies) shall not contain any cross-liability exclusions. (m) Pass through clause . Consultant agrees to ensure that its subconsultants, subcontractors, and any other party involved with the project who is brought onto or involved in the project by Consultant, provide the same mi nimum insurance coverage and endorsements required of Consultant. Consultant agrees to monitor and review all such cover age and assumes all responsibility for ensuring that such coverage is provided in conformity with the requirements of this section. Consultant agrees that upon request, all agreements with consultants, subcontractors, and others engaged in the project will be submitted to City for review. (n) Agency’s right to revise specifications . The City reserves the right at any time during the term o f the contract to change the amounts and types of insurance required by giving the Consultant ninety (90) days advance w ritten notice of such change. If such change results in substantial additional cost to the Consultant, the City and Consultant may renegotiate Consultant’s compensation.
(o) Self-insured retentions . Any self -insured retentions must be declared to and approved by City. City reserves the right to require that self-insured retentions be eliminated, lowered, or replaced by a deductible. Self -insurance will not be considered to comply with these specifications unless approved by City.
(p) Timely notice of claim s. Consultant shall give City prompt and timely notice of claims made or suits instituted that arise out of or result from Consultant’s performance under this Agreement, and that involve or may involve coverage under any of the required liability policies.
(q) Additional insurance . Consultant shall also procure and maintain, at its own cost and expense, any additional kinds of insurance, w hich in its own judgment may be necessary for its proper protection and prosecution of the work.
5.3 Indemnification.
To the full extent permitted by law, Consultant agrees to indemnify , defend and hold harmless the City, its officers, employees and agents ( “Indemnified Parties”) against, and will hold and save them and each of them harmless from, any and all actions, either ju dicial, administrative, arbitration or regulatory claims, damages to persons or property, losses, costs, penalties, obligations, errors, omissions or liabilities whether actual or threatened (herein “claims or liabilities”) that may be asserted or claimed by any person, firm or entity arising out of or in connection with the negligent performance of the work, operations or activities provided herein of Consultant, its officers, employees, agents, subcontractors, or invitees, or any individual or
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entity for which Consultant is legally liable (“indemnitors”), or arising from Consultant’s or indemnitors’ reckless or willful misconduct, or aris ing from Consultant’s or indemnitors’ negligent performance of or failure to perform any term, provision, covenant or co ndition of this Agreement, and in connection therewith:
(a) Consultant will defend any action or actions filed in connection with any of said claims or liabilities and will pay all costs and expenses, including legal costs and attorneys’ fees incurred in connection therewith;
(b) Consultant will promptly pay any judgment rendered against the City, its officers, agents or employees for any such cla ims or liabilities arising out of or in connection with the negligent performance of or failure to perform such work, op erations or activities of Consultant hereunder; and Consultant agrees to save and hold the City, its officers, agents, and employees harmless therefrom;
(c) In the event the City, its officers, agents or employees is made a party to any action or proceeding filed or prosecuted against Consultant for such damages or other claims arising out of or in connection with the negligent performance of or failure to perform the work, operation or activities of Consultant hereunder, Consultant agrees to pay to the City, i ts officers, agents or employees, any and all costs and expenses incurred by the City, its officers, agents or employees in such action or proceeding, including but not limited to, legal costs and attorneys ’ fees.
Consultant shall incorporate similar indemnity agreements with its subcontra ctors and if it fails to do so Consultant shall be fully responsible to indemnify City hereunder there fore, and failure of City to monitor compliance with these provisions shall not be a waiver hereof. This indemnification includes claims or liabilities arising from any negligent or wrongful act, error or omission, or reckless or willful misconduct of Consultant in the performance of professional services hereunder. The provisions of this Section do not apply to claims or l iabilities occurring as a result of City ’s sole negligence or willful acts or omissions, but, to the fullest extent permitted by law, sh all apply to claims and liabilities resulting in part from City ’s negligence, except that design professionals ’ indemnity hereunder shall be limited to claims and liabilities arising out of the negligence, recklessness or willful misconduct of the design professional . The indemnity obligation shall be binding on successors and assigns of Consultant and shall survive termination of this Agreement.
ARTICLE 6. RECORDS, REPORTS, AND RELEASE OF INFORMATION
6.1 Records.
Consultant shall keep, and require subcontractors to keep , such ledgers , books of accounts, invoices, vouchers, canceled checks, reports, studies or other documents relating to the disbursements charged to City and services performed hereunder (the “books and records ”), as shall be necessary to perform the services required by this Agreement and enable the Contract Officer to evaluate the performance of such services. Any and all such documents shall be maintained in accordance with generally accepted accounting principles and shall be complete and detailed. The Contract Officer shall have full and free access to such books and records at all times during normal business hours of City, including the right to inspect, copy, audit and make
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records and transcripts from such records. Such records shall be maintained for a period of three (3) years following completion of the services hereunder, and the City shall have access to such records in the event any audit is required. In the event of dissolution of Consultant’s business, custody of the books and records may be given to City, and access shall be provided by Consultant’s successor in interest. Notwithstanding the above, the Consul tant shall fully cooperate with the City in providing access to the books and records if a public records request is made and disclosure is required by law including but not limited to the California Public Records Act.
6.2 Reports.
Consultant shall periodica lly prepare and submit to the Contract Officer such reports concerning the performance of the services required by this Agreement as the Contract Officer shall require. Consultant hereby acknowledges that the City is greatly concerned about the cost of work and services to be performed pursuant to this Agreement. For this reason, Consultant agrees that if Consultant becomes aware of any facts, circumstances, techniques, or events that may or will materially increase or decrease the cost of the work or servi ces contemplated herein or, if Consultant is providing design services, the cost of the project being designed, Consultant shall promptly notify the Contract Officer of said fact, circumstance, technique or event and the estimated increased or decreased co st related thereto and, if Consultant is providing design services, the estimated increased or decreased cost estimate for the project being designed.
6.3 Ownership of Documents.
All drawings, specifications, maps, designs, photographs, studies, surveys, data, notes, computer files, reports, records, documents and other materials (the “documents and materials”) prepared by Consultant, its empl oyees, subcontractors and agents in the performance of this Agreement shall be the property of City and shall be deliver ed to City upon request of the Contract Officer or upon the termination of this Agreement, and Consultant shall have no claim for further employment or additional compensation as a result of the exercise by City of its full rights of ownership use, reuse, or assignment of the documents and materials hereunder. Any use, reuse or assignment of such completed documents for other projects and/ or use of uncompleted documents without specific written authorization by the Consultant will be at the City’s sole risk and without liability to Consultant, and Consultant’s guarantee and warranties shall not extend to such use, re use or assignment . Consultant may retain copies of such documents for its own use. Consultant shall have the right to use the concepts embodied therein.
All subcontractors shall provide for assignment to City of any documents or materials prepared by them, and in the event Consultant fails to secure such assignment, Consultant shall indemnify City for all damages resulting therefrom. Moreover, Consultant with respect to any documents and materials that may qualify as “works made for hire ” as defined in 17 U.S.C. § 101, such documents and materials are hereby deemed “works made for hire” for the City.
6.4 Confidentiality and Release of Information.
(a) All information gained or work product produced by Consultant in performance of this Agreement shall be considered confidential, unless such information is in the public domain or already known to Consultant. Consultant shall not release or disclose any s uch
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information or work product to persons or entities other than City without prior written authorization from the Contract Officer.
(b) Consultant, its officers, employees, agents or subcontractors, shall not, without prior written authorization from th e Contract Officer or unless requested by the City Attorney, voluntarily provide documents, declarations, letters of support, testimony at depositions, response to interrogatories or other information concerning the work performed under this Agreement. Response to a subpoena or court order shall not be considered “voluntary” provided Consultant gives City notice of such court order or subpoena. (c) If Consultant, or any officer, employee, agent or subcontractor of Consultant, provides any information or wo rk product in violation of this Agreement, then City shall have the right to reimbursement and indemnity from Consultant for any damages, costs and fees, including attorney’s fees, caused by or incurred as a result of Consultant’s conduct. (d) Consultant shall promptly notify City should Consultant, its officers, employees, agents or subcontractors be served with any summons, complaint, subpoena, notice of deposition, request for documents, interrogatories, request for admiss ions or other discovery request, court order or subpoena from any party regarding this Agreement and the work performed there under. City retains the right, but has no obligation, to represent Consultant or be present at any deposition, hearing or similar proceeding. Consultant agrees t o cooperate fully with City and to provide City with the opportunity to review any response to discovery requests provided by Consultant. However, this right to review any such response does not imply or mean the right by City to control, direct, or rewrite said response.
ARTICLE 7. ENFORCEMENT OF AGREEMENT AND TERMINATION
7.1 California Law.
This Agreement shall be interpreted, construed and governed b oth as to validity and to performance of the parties in accordance with the laws of the State of California. Legal actions concerning any dispute, claim or matter arising out of or in relation to this Agreement shall be instituted in the Superior Court of the County of Los Angeles, State of California, or any other appropriate court in such county, and Consultant covenants and agrees to submit to the personal jurisdiction of such court in the event of such action. In the event of litigation in a U.S. Distri ct Court, venue shall lie exclusively in the Central District of California, in the County of Los Angeles, State of California.
7.2 Disputes; Default.
In the event that Consultant is in default under the terms of this Agreement, the City shall not have any obligation or duty to continue compensating Consultant for any work performed after the date of default. Instead, the City may give notice to Consultant of the default and the reasons for the default. The notice shall include the timeframe in which Consultant may cure the default. This timeframe is presumptively thirty (30) days, but may be extended, though not reduced, if cir cumstances warrant. During the period of time that Consultant is in default, the City shall hold all invoices and shall, when the default is cured, proceed with payment on the
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invoices. In the alternative, the City may, in its sole discretion, elect to pay some or all of the outstanding invoices during the period of default. If Consultant does not cure the default, the City may take necessary steps to terminate this Agreement under this Article. Any failure on the part of the City to give notice of the Consultant’s default shall not be deemed to result in a waiver of the City’s legal rights or any rights arising out of any provision of this Agreement.
7.3 Retention of Funds.
Consultant hereby authorizes City to deduct from any amount payable to Consultant (whether or not arising out of this Agreement) (i) any amounts the payment of which may be in dispute hereunder or which are necessary to comp ensate City for any losses, costs, liabilities, or damages suffered by City, and (ii) all amounts for which City may be liable to third parties, by reason of Consultant’s acts or omissions in performing or failing to perform Consultant’s obligation under this Agreement. In the event that any claim is made by a third party, the amount or validity of which is disputed by Consultant, or any indebtedness shall exist which shall appear to be the basis for a claim of lien, City may withhold from any payment due, without liability for interest because of such withholding, an amount sufficient to cover such claim. The failure of City to exercise such right to deduct or to withhold shall not, however, affect the obligations of the Consultant to insure, indemnify, and protect City as elsewhere provided herein.
7.4 Waiver.
Waiver by any party to this Agreement of any term, condition, or cov enant of this Agreement shall not constitute a waiver of any other term, condition, or covenant. Waiver by any party of any breach of the provisions of this Agreement shall not constitute a waiver of any other provision or a waiver of any subsequent breach or violation of any provision of this Agreement.
Acceptance by City of any work or services by Consultant shall not constitute a waiver of any of the provisions of this Agreement. No delay or omission in the exercise of any right or remedy by a non -defaulting party on any default shall impair such right or remedy or be construed as a waiver. Any waiver by either party of any default must be in writing and shall not be a waiver of any other default concerning the same or any other provision of this Agreement.
7.5 Rights and Remedies are Cumulative.
Except with respect to rights and remedies expressly declared to be exclusive in this Agreement, the rights and remedies of the parties are cumulative and the exercise by either party of one or more of such rights or remedies shall not preclude the exercise by it, at the same or different times, of any other rights or remedies for the same default or any other default by the other party.
7.6 Legal Action.
In addition to any other rights or remedies, either party may take legal action, in law or in equity, to cure, correct or remedy any default, to recover damages for any default, to compel specific performance of this Agreement, to obtain declaratory or injunctive relief, or to obtain any other remedy consistent with the p urposes of this Agreement. Notwithstanding any contrary
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provision herein, Consultant shall file a statutory claim pursuant to Government Code Sections 905 et seq. and 910 et seq., in order to pursue a legal action under this Agreement.
7.7 Termination Prior to Expiration of Term.
This Section shall govern any termination of this Contract except as specifically provided in the following Section for termination for cause. The City reserves the right to terminate this Contract at any time, with or without cause, upon thirty (30) days ’ written notice to Consultant, except that where termination is due to the fault of the Consultant, the period of notice may be such shorter time as may be determined by the Contract Officer . In addition, the Consultant reserves the r ight to terminate this Contract at any time, with or without cause, upon sixty (60) days’ written notice to City, except that where termination is due to the fault of the City, the period of notice may be such shorter time as the Consultant may determine. Upon receipt of any notice of termination, Consultant shall immediately cease all services hereunder except such as may be specifically approved by the Contract Officer. Except where the Consultant has initiated termination, the Consultant shall be entitled to compensation for all services rendered prior to the effective date of the notice of termination and for any services authorized by the Contract Officer thereafter in accordance with the Schedule of Compensation or such as may be approved by the Contract Officer , except as provided in Section 7.3. In the event the Consultant has initiated termination, the Consultant shall be entitled to compensation only for the reasonable value of the work product actually produced hereunder. In the event of termination without cause pursuant to this Section, the terminating party need not provide the non -terminating party with the opportunity to cure pursuant to Section 7.2.
7.8 Termination for Default of Consultant.
If termination is due to the failure of the Consultant to fulfill its obligations under this Agreement, City may, after compliance with the provisions of Section 7.2, take over the work and prosecute the same to completion by contract or otherwise, and the Consultant shall be liable to the extent that the total cost for completion of the services required hereunder exceeds the compensation herein stipulated (provided that the City shall use reasonable efforts to mitigate such damages), and City may withhold any payments to the Consultant for the purpose of set-off or partial payment of the amounts owed the City as previously stated.
7.9 Attorneys’ Fees.
If either party to this Agreement is required to initiate or defend or made a party to any action or proceeding in any way connected with this Agreement, the prevaili ng party in such action or proceeding, in addition to any other relief which may be granted, whether legal or equitable, shall be entitled to reasonable attorney ’s fees. Attorney’s fees shall include attorney ’s fees on any appeal, and in addition a party e ntitled to attorney’s fees shall be entitled to all other reasonable costs for investigating such action, taking depositions and discove ry and all other necessary costs the court allows which are incurred in such litigation. All such fees shall be deemed to have accrued on commencement of such action and shall be enforceable whether or not such action is prosecuted to judgment.
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ARTICLE 8. CITY OFFICERS AND EMPLOYEES: NON-DISCRIMINATION
8.1 Non-liability of City Officers and Employees.
No officer or employee of the City shall be personally liable to the Consultant, or any successor in interest, in the event of any default or breach by the City or for any a mount which may become due to the Consultant or to its successor, or for breach of any obligation of the terms of this Agreement.
8.2 Conflict of Interest.
Consultant covenants that neither it, nor any officer or principal of its firm, has or shall acquire any interest, directly or indirectly, which would conflict in any manner with the interests of City or which would in any w ay hinder Consultant’s performance of services under this Agreement. Consultant further covenants that in the performance of this Agreem ent, no person having any such interest shall be employed by it as an officer, employee, agent or sub contractor without the express written consent of the Contract Officer . Consultant agrees to at all times avoid conflicts of interest or the appearance of any conflicts of interest with the interests of City in the performance of this Agreement.
No officer or employee of th e City shall have any financial interest, direct or indirect, in this Agreement nor shall any such officer or employee participate in an y decision relating to the Agreement which a ffects her/his financial interest or the financial interest of any corporati on, partnership or association in which (s)he is, directly or indirectly, interested, in violation of any State statute or regulation. The Consultant warrants that it has not paid or given and will not pay or give any third party any money or other consideration for obtaining this Agreement.
8.3 Covenant Against Discrimination.
Consultant covenants that, by and for itself, its heirs, executors , assigns, and all persons claiming under or through them, that there shall be no discrimination against or segregation of, any person or group of persons on account of race, color, creed, religion, sex, gender, sexual orientation, marital status, national origin, ancestry or other protected class in the performance of this Agreement. Consultant shall take affirmative actio n to insure that applicants are employed and that employees are treated during employment without regard to their race, color, creed, religion, sex, gender, sexual orientation, marital status, national origin, ancestry or other protected class.
8.4 Unauthorized Aliens.
Consultant hereby promises and agrees to comply with all of the provisions of the Federal Immigration and Nationality Act, 8 U.S.C. § 1101 et seq. , as amended, and in connection therewith, shall not employ unauthorized aliens as defined therein. Should Consultant so employ such unauthorized aliens for the performance of work and/or services covered by this Agreement, and should any liability or sanctions be imposed against City for such use of unauthorized aliens, Consultant hereby agrees to and shall reimburse City for the cost of all such
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liabilities or sanctions imposed, together with any and all costs, including attorneys ’ fees, incurred by City.
ARTICLE 9. MISCELLANEOUS PROVISIONS
9.1 Notices.
Any notice, demand, request, document, consent, approval, or comm unication either party desires or is required to give to the other party or any other person shall be in writing and either served perso nally or sent by prepaid, first -class mail, in the case of the City, to the City Manager and to the attention of the Contract Officer (with her/his name and City title), City of Bell, 6330 Pine Avenue, Bell, California 90201 and in the case of the Consultant, to the person(s) at the address designated on the execution page of this Agreement. Either party may change its addr ess by notifying the other party of the change of address in writing. Notice shall be deemed communicated at the time personally deliver ed or in seventy-two (72) hours from the time of mailing if mailed as provided in this Section.
9.2 Interpretation.
The terms of this Agreement shall be construed in accordance with the meaning of the language used and shall not be construed for or against either party by reason of the authorship of this Agreement or any other rule of construction which might otherwise apply.
9.3 Counterparts.
This Agreement may be executed in counterparts, each of which shall be deemed to be an original, and such counterparts shall constitute one and the same instrument.
9.4 Integration; Amendment.
This Agreement including the attachments hereto is the entire, complete and exclusive expression of the understanding of the parties. It is understood that there are no oral agreements between the parties hereto affecting this Agreement and this Agreement supersedes and cancels any and all previous negotiations, arrangements, agreements and understandings, if any, between the parties, and none shall be used to interpret this Agreement. No amendment to or modification of this Agreement shall be valid unless made in writing and approved by the Consultant and by the City Council. The parties agree that this requirement for written modifications cannot be waived and that any attempted waiver shall be void.
9.5 Severability.
In the event that any one or more of the phrases, sentences, clauses, paragraphs, or sections contained in this Agreement shall be declared invalid or unenforceable by a valid judgment or decree of a court of competent jurisdict ion, such invalidity or unenforceability shall not affect any of the remaining phrases, sentences, clauses, paragraphs, or sections of this Agreement which are hereby declared as severable and shall be interpreted to carry out the intent
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of the parties hereunder unless the invalid provision is so material that its invalidity deprives either party of the basic benefit of their bargain or renders this Agreement meaningless.
9.6 Warranty & Representation of Non-Collusion.
No official, officer, or employee of City has any financial interest, direct or indirect, in this Agreement, nor shall any official, officer, or employee of City participate in any decision relating to this Agreement which may affect his/her financial interest or the financial interest of any corporation, partnership, or association in which (s)he is directly or indirectly interested, or in violation of any corporation, partnership, or association in which (s)he is directly or indirectly interested, or in violation of any State or municipal statute or regulation. The determination of “financial interest” shall be consistent with State law and shall not include inter ests found to be “remote” or “noninterests” pursuant to Government Code Sections 1091 or 1091.5 . Consultant warrants and represents that it has not paid or given, and will not pay or give, to any third party including, but not limited to, any City official , officer, or employee, any money, consideration, or other thing of value as a result or consequence of obtaining or being awarded any a greement.
Consultant further warrants and represents that (s)he/it has not engaged in any act(s), omission(s), or other conduct or collusion that would result in the payment of any money, consideration, or other thing of value to any third party including, but not limited to, any City official, officer, or employee, as a result of consequence of obtaining or being awarded a ny agreement. Consultant is aware of and understands that any such act(s), omission(s) or other conduct resulting in such payment of mon ey, consideration, or other thing of value will render this Agreement void and of no force or effect.
Consultant’s Authorized Initials _______
9.7 Corporate Authority.
The persons executing this Agreement on behalf of the parties hereto warrant that (i) such party is duly organized and existing, (ii) they are duly authorized to execute and deliver this Agreement on behalf of sa id party, (iii) by so executing this Agreement, such party is formally bound to the provisions of this Agreement, and (iv) th at entering into this Agreement does not violate any provision of any other Agreement to which said party is bound. This Agreement shall be binding upon the heirs, executors, administrators, successors and assigns of the parties. [SIGNATURES ON FOLLOWING PAGE]
ATTACHMENT 1
01135.0001/906865.1 21
IN WITNESS WHEREOF , the parties hereto have executed this Agreement on the date and year first-above written.
CITY:
CITY OF BELL, a charter city
, Mayor
ATTEST:
Angela Bustamante, City Clerk
APPROVED AS TO FORM:
ALESHIRE & WYNDER, LLP
David J. Aleshire, City Attorney
CONSULTANT:
Commercial Building Management, Inc.
“C” Corporation, Inc
By:
Name: Jesus Velasco
Title: General Manager
By:
Name:
Title:
Address: 600 S Grand Ave Suite 109
Santa Ana, CA 92705
Two corporate officer signatures required when Consultant is a corporation, with one signature required from each of the following groups: 1) Chairman of the Board, President or any Vice President; and 2) Secretary, any Assistant Secretary, Chief Financial Officer or any Assistant Treasurer. CONSULTANT’S
SIGNATURES SHALL BE DULY NOTARIZED, AND APPROPRIATE ATTESTAT IONS SHALL BE
INCLUDED AS MAY BE REQUIRED BY THE BYLAWS, ARTICLES OF INCORPORATION, OR OTHER RULES OR REGULATIONS APPLICABLE TO CONSULTANT’S BUSINESS ENTITY.
01135.0001/906865.1
CALIFORNIA ALL-PURPOSE ACKNOWLEDGMENT
STATE OF CALIFORNIA
COUNTY OF LOS ANGELES
On __________, 2024 before me, ________________, personally appeared ________________, proved to me on the basis of satisfactory evidence to be the person(s) whose names(s) is/are subscribed to the within instrument and acknowledged to me that he/she/they executed the same in his/her/their authorized capacity(ies), and that by his/her/their signature(s) on the instrument the person(s), or the entity upon behalf of which the person(s) acted, executed the instrument.
I certify under PENALTY OF PERJURY under the laws of the State of California that the foregoing paragraph is true and correct.
WITNESS my hand and official seal.
Signature: _____________________________________
OPTIONAL
Though the data below is not required by law, it may prove valuable to persons relying on the document and could prevent fraudulent reattachment of this form
CAPACITY CLAIMED BY SIGNER DESCRIPTION OF ATTACHED DOCUMENT
INDIVIDUAL
CORPORATE OFFICER
_______________________________
TITLE(S)
PARTNER(S) LIMITED
GENERAL
ATTORNEY-IN-FACT
TRUSTEE(S)
GUARDIAN/CONSERVATOR
OTHER_______________________________
______________________________________
SIGNER IS REPRESENTING:
(NAME OF PERSON(S) OR ENTITY(IES))
_____________________________________________
_____________________________________________
___________________________________
TITLE OR TYPE OF DOCUMENT
___________________________________
NUMBER OF PAGES
___________________________________
DATE OF DOCUMENT
___________________________________
SIGNER(S) OTHER THAN NAMED ABOVE
A notary public or other officer completing this certificate verifies only the identity of the individual who signed the document to which this certificate is attached, and not the truthfulness, accuracy or validity of that document.
01135.0001/906865.1
CALIFORNIA ALL-PURPOSE ACKNOWLEDGMENT
STATE OF CALIFORNIA
COUNTY OF LOS ANGELES
On __________, 2024 before me, ________________, personally appeared ________________, proved to me on the basis of satisfactory evidence to be the person(s) whose names(s) is/are subscribed to the within instrument and acknowledged to me that he/she/they executed the same in his/her/their authorized capacity(ies), and that by his/her/their signature(s) on the instrument the person(s), or the entity upon behalf of which the person(s) acted, executed the instrument.
I certify under PENALTY OF PERJURY under the laws of the State of California that the foregoing paragraph is true and correct.
WITNESS my hand and official seal.
Signature: _____________________________________
OPTIONAL
Though the data below is not required by law, it may prove valuable to persons relying on the document and coul d prevent fraudulent reattachment of this form.
CAPACITY CLAIMED BY SIGNER DESCRIPTION OF ATTACHED DOCUMENT
INDIVIDUAL
CORPORATE OFFICER
_______________________________
TITLE(S)
PARTNER(S) LIMITED
GENERAL
ATTORNEY-IN-FACT
TRUSTEE(S)
GUARDIAN/CONSERVATOR
OTHER_______________________________
______________________________________
SIGNER IS REPRESENTING:
(NAME OF PERSON(S) OR ENTITY(IES))
_____________________________________________
_____________________________________________
___________________________________
TITLE OR TYPE OF DOCUMENT
___________________________________
NUMBER OF PAGES
___________________________________
DATE OF DOCUMENT
___________________________________
SIGNER(S) OTHER THAN NAMED ABOVE
A notary public or other officer completing this certificate verifies only the identity of the individual who signed the document to which this certificate is attached, and not the truthfulness, accuracy or validity of that document.
01135.0001/906865.1 A-1
EXHIBIT “A”
SCOPE OF SERVICES
I. Consultant will perform the following general cleaning services (the “ Services”) as follows:
A. Daily Daytime Services
i. Daytime services shall consist of: Cleaning all offices that are normally closed after hours. Review of restrooms and lobbies, cleaning, sanitizing and stocking restrooms as nee ded, replacing of hand soap, toilet paper, toilet seat covers, restock the hand paper dispensers and mopping as necessary. Emptying trash and cleaning trash cans, (trash bags removed from cans/receptacles will not be placed on carpet), clean spills as needed, vacuum offices as requested or scheduled, and reporting maintenan ce problems to the City’s Contract Officer . Consultant will be proactive in keeping all facilities clean and safe. Supply logs, (approved by City of Bell staff), shall be placed in all facility restrooms except for public restrooms.
ii. Consultant’s personnel working during the day (“t he Day Porter ”) will work the hours from 10:00AM to 2:00PM Monday through Thursday for City Hall, Bell House , Bell Community Center , and the Police Department.
B. Daily After-Hours Service
i. Clean all restroom structures, which includ es the disinfection (with non - pungent germicide disinfectant solution) of toilets, urinals, sinks, faucets, door knobs and handles, paper holders, floors, partition walls and doors; also shower walls and floors.
ii. Wash basins shall be washed and dried inside and out and the bright metal polished.
iii. All sanitary napkin containers shall be emptied. Containers shall be sprayed with a disinfectant and wiped dry.
iv. Refill all towel, soap, toilet seat, and tissue dispensers. v. Damp mop all restroom floors with a disinfec tant solution and spot clean stall partitions, knobs, doorjambs and walls.
C. Floor Cleaning including vacuuming common areas, and offices, spot treatment of carpet stains, sweep and mop all common areas, hallways , and stairwells, clean and disinfect lobby furniture, floor scrubbing, waxing and polishing.
01135.0001/906865.1 A-2
i. All resilient floors shall be dusted with a chemically treated dust mop. All spills must be removed same day of occurrence.
ii. All carpets shall be vacuumed , and floors shall be mopped (prior to 7:00 A.M. or after 6:00 P.M.) Spills, spots, and gum shall be removed. iii. Stairways, landings, and exterior concrete walks and steps adjacent to building entrances shall be swept or washed to remove all debris, stains, or spots.
iv. Bi-Weekly Services for floors shall include the following:
a. Clean and Buff all hard floors Bi -Weekly to ensure a lustrous and prolonged usability of all flooring. Strip and wax as needed.
D. All trash containers, both inside and outside buildings, shall be emptied, wiped clean, and returned to the origi nal location with new plastic liners. All collected trash shall be removed to dumpster. Recycled paper blue containers shall be emptied, and all collected wastepaper shall be removed to the large blue curbside recycling containers.
E. Desks and tables and all other horizontal surfaces shall be dusted thoroughly on all surfaces using a treated dust cloth or duster, except wh en surfaces are laden with paperwork.
F. Glass cleaning shall include the following:
i. Spot clean windows, walls, and doors to eliminate fingerp rints and smudges.
ii. All interior glass doors and partitions, and all exterior glass doors shall be cleaned.
G. All doors, door jams, doorknobs, walls, and windows shall be spot cleaned to eliminate fingerprints and smudges.
H. Quarterly Services
i. Quarterly services are necessary for janitorial deep cleaning maintenance to ensure a lustrous and prolonged usability of City facilit ies. Some of the areas which will require quarterly services include: high cleaning of all surfaces in common areas including but not limit ed to shelves, fire extinguishers/cabinets, signage, etc., deep cleaning of slip resistant tile, deep cleaning/disinfecting of all surfaces in restrooms.
I. Bi-Annual Service
01135.0001/906865.1 A-3
i. There are some areas which require bi -annual cleaning. The following provides an exa mple of the type of services which would be required bi - annually (every six (6) months).
a. Vinyl tile and terrazzo floo rs, including Locker Room floors, shall be damp mopped with finish additives applied. Wooden floors shall be dusted with a chemically treat ed dust mop. All floors shall be stripped and waxed twice each year, and it will be the contract company's responsibility to schedule the cleaning to begin the last week of January and the last week of July.
b. Shampoo all carpet twice each year using a clean ing method that incorporates some type of extractor. It will be the contract company's responsibility to schedule the shampoo cleaning with City staff.
J. Report maintenance problems to City of Bell Contract Manager.
K. Be proactive in keeping all facilities clean and safe.
II. Consultant shall perform any on -call services requested in this Agreement in accordance with the following requirements:
A. Each task shall be indicated by a written request (“Task Request”) produced by the Contract Officer with a description of the work to be performed, and the time desired for completion. All tasks shall be carried out in conformity with all provisions of this Agreement.
B. Consultant must prepare a written description of the requested tasks including all components and subtas ks; the costs to perform the task (“Task Project”); explain how the cost was determined; and a schedule for completion of the task (“Task Completion Date”); which shall all collectively be referred to as the “Task Proposal”.
C. Contract Officer shall in writ ing approve, modify or reject the Task Proposal .
Upon approval by the Contract Officer, the Task Proposal shall be re ferred to as the “Approved Task Proposal.” The task shall be performed in accordance with the Approved Task Proposal.
D. City and Consultant may reach a mutually agreed-upon completion date under the Approved Task Proposal depending on the tasks and the City’s requirements.
E. The task shall be performed at a cost not to exceed the Task Budget in the Approved Task Proposal.
F. Consultant shall complete the task and deliver all deliverables to Contract Officer in accordance with this Agreement and the Approved Task Proposal.
01135.0001/906865.1 A-4
III. Supplies, Equipment and Travel:
A. Consultant is responsible for all supplies, materials and equipment necessary for the pe rformance of Services; Con sultant shall not be reimbursed for any cost associated therewith.
B. City may prohibit any materials, supplies or equipment used for services.
C. Any changes to the items previously approved for use by City must be submitted in writing to the Contract Officer.
D. At each location, Consultant must keep Material Safety Data Sheets (MSDS) for each product used at each facility.
E. City will provide storage for all regularly used materials, supplies and equipment, but shall not be responsible for the security and protection of such items.
F. Consultant shall be responsible for transportation of personnel, supplies and equipment to and from the City facilities.
IV. As part of the Services, Consultant will prepare and deliver the following tangibl e work products to the City:
A. Monthly schedules; Consultant must notify City of any schedule change in writing within twelve (12) hours of the change.
B. Monthly report on estimated work for the upcoming month.
C. Monthly report of services provided and work completed.
V. In addition to the requirements of Section 6.2, d uring performance of the Services, Consultant will keep the City appraised of the status of performance by delivering the following status reports:
A. Monthly budget tracking report of all services.
B. Monthly cost of materials.
VI. Consultant will utilize the following personnel to accomplish the Services:
A. Qualified personnel to be selected by Consultant, subject to City’s prior written approval.
01135.0001/906865.1 A-5
VI. Facility Security
A. Consultant shall be liable for all costs associated with re -keying, re-issuance, or programming of keys, access cards, and security codes, which result from the loss or compromising of keys, access cards or security codes by Con sultant’s personnel.
B. Consultant shall be responsible for securing all offices, gates and exterior entrances/exits at all facilities during a nd after performing Services during the Term.
C. Consultant shall immediately notify City in writing of any inability to secure any City facility.
D. Repeated failures to secure City facilities as required herein is grounds for immediate termination under this Agreement.
VII. Special Requirements for Police Department Jail
A. Personnel who provide services at the Police Department Jail must have prior experience servicing jails or similar facilities due to the special health requirements.
B. Such personnel shall be famil iar and comply with all cleaning standards prescribed by California Code of Regulations Titles 15 and 24.
C. The jail facility is subject to health inspections by Los Angeles County and the Department of Corrections. Consultant shall be responsible for correcting any deficiencies noted on the inspection reports.
01135.0001/906865.1 B-1
EXHIBIT “B”
SPECIAL REQUIREMENTS
(Superseding Contract Boilerplate)
Added text is indicated in bold italics, deleted text is indicated in strikethrough.
Section 1.3 is hereby revised to read:
1.3 Compliance with Law.
Consultant shall keep itself informed concerning, and shall render all services hereunder in accordance with all ordinan ces, resolutions, statutes, rules, and regulations of the City and any Federal, State or local government entity having jurisdiction in effect at the time service is rendered . Without limiting the foregoing, Consultant shall take special care to be in com pliance with and abide by the State Occupational Health and Safety Law of 1973 (Cal OSHA) Section 6300 Et Seq. of California Labor Code.” Section 1.5 is hereby revised to read:
1.5 Licenses, Permits, Fees and Assessments.
Consultant shall obtain at its sol e cost and expense such licenses, permits and approvals as may be required by law for the performance of the services required by this Agreement including a valid City of Bel l business license. Consultant shall have the sole obligation to pay for any fees , assessments and taxes, plus applicable penalties and interest, which may be imposed by law and arise from or are necessary for the Consultant’s performance of the services required by this Agreement, and shall indemnify, defend and hold harmless City, it s officers, employees or agents of City, against any such fees, assessments, taxes penalties or interest levied, assessed or imposed against City hereunder.
The following Section 7.10, Liquidated Damages, is hereby added as follows:
7.10. Complaints; Liquidated Damages
(a) Complaints received by the City or through observation by the Contract Officer, regarding the Consultant’s performance will be transmitted to the Con sultant’s office either by telephone, facsimile, or e -mail, and handled by the Con sultant. Within twenty-four (24) hours of receiving notice of a complaint, the Consultant shall provide the Contract Officer with a follow -up response. A report of the Con sultant’s investigation and the corrective action taken shall be made promptly by the Consultant to the Contract Officer. Repeat complaints may be handled by a joint visit to the site by the Contract Officer and the Con sultant. Complaints received directly by the Consultant shall be submitted in writing to the City on the day such complaint s are received. Consultant shall maintain a log of complaints received and corrective
01135.0001/906865.1 B-2
actions implemented which shall be submitted to the City within ten (10) days following the end of the month. Repeat complaints of poor service quality of similar nature shall be handled in the manner prescribed below. The foregoing requirements are provided to provide an alternative to Agreement termination for minor performance failures by Consultant. Nothing herein shall waive the right of the City to terminate the A greement for repeated or material violations of the performance standards.
(b) An initial complaint shall be handled in accordance with the subsection (a) of this Section.
(c) When the Contract Officer determines that additional violations of a similar nature have occurred within any 180 calendar day period, a written complaint shall be filed with the Consultant by the City. The written complaint shall include a description of the complaint of the Con sultant’s performance and the assessment of liquidate d damages in the amount of $100 per incident, provided that after the fourth incident in any 180 day period the penalty shall go to $500 per incident.”
01135.0001/906865.1 C-1
EXHIBIT “C”
SCHEDULE OF COMPENSATION
I. Consultant shall perform all Services listed in Exhibit “A” at the following locations and at the following rates including the day porter for the first and second year of the Agreement Term:
Location Monthly Rate Annual Rate
A. City Hall $1,636.00 $19,632.00
B. Police Facility and Jail $3,003.00 $36,036.00
C. Bell Community Center $1,536.00 $18,432.00
D. Bell Technology Center $615.00 $7,380.00
E. Camp Little Bear Park
Facility
$562.00 $6,744.00
F. Veteran’s Memorial
Park Clubhouse and
Public Restrooms
$562.00 $6,744.00
G. Ernest Debs Park
Facility
$562.00 $6,744.00
H. Treder Park Restroom $281.00 $3,372.00
I. Nueva Vista Soccer
Complex Public
Restrooms
$588.00 $4,704.00
J. The Bell House $625.00 $7,500.00
K. The City Yard Building $525.00 $6,300.00
Total $123,588.00
III. Within the budgete d amounts for each Task or Approved Task Proposal , and with the approval of the Contract Officer, funds may be shifted from one Task subbudget to another so long as the Contract Sum is not exceeded per Section 2.1, unless Additional Services are approved per Section 1.9.
01135.0001/906865.1 C-2
VI. The City will compensate Consultant for the Services performed upon submission of a valid invoice. Each invoice is to include:
A. Line items for all personnel describing the work performed, the number of hours worked, and the hourly rate.
B. Line items for all materials and equipment properly charged to the Services.
C. Line items for all other approved reimbursable expenses claimed, with supporting documentation.
D. Line items for all approved subcontractor labor, supplies, equipment, materials, and travel properly charged to the Services.
VII. The total compensation fo r the Services shall not exceed the Contract Sum as provided in Section 2.1 of this Agreement.
VIII. In the event that the Consultant does not perform any of the work to the City’s satisfaction, the City shall not be charged for said services. City shall be entitled to deduct the daily costs for any unsatisfactory services.
01135.0001/906865.1 D-1
EXHIBIT “D”
SCHEDULE OF PERFORMANCE
I. Consultant shall perform all Services timely in accordance with the following schedule:
Location Weekly Schedule
A. City Hall M/T/W/TH/F
B. Police Facility and Jail M/T/W/TH/F/Sat/Sun
C. Bell Community Center M/T/TH/F/Sun
D. Bell Technology Center M/W/F/Sat
E. Camp Little Bear Park
Facility
M/W/F/Sat
F. Veteran’s Memorial
Park Clubhouse and
Public Restrooms
M/W/F/Sat
G. Ernest Debs Park
Facility
M/W/F/Sat
H. Treder Park Restroom Fri/Sun
I. Nueva Vista Soccer
Complex Public
Restrooms
M-F (April -
November; No Service
from December -
March)
J. The Bell House M/T/W/Th
K. The City Yard Building M/W/F
II. Consultant shall deliver the following tangible work products to t he City by the following dates.
A. Monthly Schedules are due 1st Wednesday of every month.
B. Monthly report, on estimated work for the upcoming month, is due last Wednesday of every month.
01135.0001/906865.1 D-2
C. Monthly report, of services provided and work completed, is due 1st Wednesday of every month.
III. The Contract Officer may approve extensions for performance of the services in accordance with Section 3.2.
IV. The following Holidays are observed by the Contract Officer for the Fiscal Year 23/24. Services are still expected to be rendered on their scheduled dates. If the Consultant observes the following Holidays, the Consultant must notify the Contract Officers within ten (10) business days of the observed Holiday.
Holiday Date
A. Independence Day Tuesday, July 4, 2023
B. Labor Day Monday, September 4, 2023
C. Veterans Day Friday, November 10, 2023
D. Thanksgiving Day Thursday, November 23, 2023
E. Day After Thanksgiving Friday, November 24, 2023
F. Christmas Day Monday, December 25, 2023
G. New Years Day Monday, January 1, 2024
H. Martin Luther King Jr. Day Monday, January 15, 2024
I. Presidents’ Day Monday, February 19, 2024
J. Cesar Chavez Day (Observed) Monday, April 1, 2024
K. Memorial Day Monday, May 27, 2024
L. Juneteenth (Observed) Wednesday, June 19, 2024
CBM
C'ommerdal Build in� !\fanai;l'm,•nl '>,·n in·,
June 7, 2023
City of Bell
6330 Pine A venue
Bell, CA 90201
Hello,
We at Commercial Building Management, Inc. appreciate the opportunity to provide the City of Bell with a Proposal (RFP) for Janitorial Services.
Commercial Building Management Inc., CBM, Inc., is a Corporation in the State of California.
We are located at 600 S Grand Ave Suite 109, Santa Ana, CA 92705. Our telephone number is (714) 542-9996. Our new email address is cbmanagement327ragmail.com. Jesus Velasco, General Manager, is authorized to represent and bind the company in all matters regardjng this proposal (RFP for Janitorial Services). In addition, Jesus Velasco, General Manager, would sign the Agreement if Commercial Building Management, Inc., CBM, were awarded the contract.
This letter certifies that we have read the City of Bell Request for Proposal and fully understand its intent. We certify that our company is qualified and has adequate personnel and equipment to provide the City of Bell requested services. We understand that our ability to meet the criteria shall be judged solely by the City of Bell and its authorized officers.
If you have any questions regarding this Proposal, please call our office at (714) 542-9996.
Please ask for Jesus Velasco.
Sincerely,
Jesus Velasco
General Manager
Goo S Grand Ave. Ste 109 Santa Ana, CA 92705
Tel: (714) 542·9996 Fax: (714) S42·9998 Email: [email protected] ATTACHMENT 2
CBM
Comm�rcial BuihJin� :1-tana�,·ml·nl S,•n in·,
Company Name:
Other Business Name:
Business Address:
Primary Contact:
Secondary Contact:
Third Contact:
Phone Number:
Facsimile Number:
Email:
State of Incorporation:
COMP ANY PROFILE
Commercial Building Management, Inc.
"C" Corporation, Inc.
None
600 S Grand Ave Suite 109
Santa Ana, CA 92705
Jesus Velasco (General Manager)
Richard Dawes (Sales Manager)
Maribel Urbieta (Office Manager)
(714) 542-9996
(714) 542-9998
[email protected]
California
Number of Year in Business: 8 years
Federal Tax ID:
Number of Employees:
47-3902478
125
600 S Grand Ave. Ste 109 Santa Ana. CA 9270S
Tel: (714) S42·9996 Fax: (714) S42·9998 Email: [email protected]
CBM
(·omnwrdal Builtlin� '.\lana�l'flH'lll Sl·n il'l''
Description of The Contractor's Business
Commercial Building Management, Inc. (CBM, Inc), is a corporation in the state of California.
We are located at 600 S. Grand Ave. Suite 109. Santa Ana, CA. 92705. Our Telephone number is (714) 542-9996. Our email address is cbmanagement327 a,grnail.com. CBM has provided over 8 years of janitorial, day porter, window wash and power wash services to Office Buildings, Municipalities, County Facilities including City Parks with 100% customer satisfaction. This is our ultimate goal and it's achieved with continued training, follow-up and constant supervision. • Financial: CBM, Inc. has been in business for over 8 years and has a combination of full-time and part-time of 125 employees. Our estimated yearly revenue is over 2.5 million.
• Management: The Project Manager, Jesus Velasco with over 27 years of experience in janitorial, day porter, floor & carpet care, window wash, steam/pressure wash and parking lot sweeping services, is responsible for planning, coordinating, scheduling of all CBM work to all facilities. Mr. Velasco also schedules a walk-through inspection of facilities with a City Official, Manager or Facilities Supervisor to make sure all is within contract.
• Supervision: The assigned Project Manager constantly inspects all awarded facilities and instructs his staff of their cleaning duties, proper procedures needed to complete assign task, the proper method of using cleaning chemicals and equipment to complete all assigned job. The Area Supervisor constantly trains his staff to improve all services to mmnruze service concerns.
• Work Schedule: CBM, Inc. provides all Clients with a clear Daily, Monthly, Quarterly, Semi-Annually, and Annually work schedules and expected start/ end times. • Invoices: CBM, Inc. Uses a universal invoice format. Most invoices have as much information as possible to avoid any grey area such as assigned Customer's P.O #, Job Name and address, billing cycle and CBM's Invoice#. All invoices are sent via electronic mail or by reguJar US Mail on the 1st of each month. • Work Experience: CBM, Inc. currently provides day porter and janitorial services to a few municipalities such as Redondo Beach, Glendale, Signal Hill, Laguna Niguel and Laguna Beach, County of Riverside, City of Wildomar just to name a few. We've always tried to provide the best service we can. If we come across any issue, we correct it immediately and move forward.
Goo S Grand Ave. Ste 109 Santa Ana, CA 92705
Tel: (714) 542-9996 Fax: (714) 542·9998 Email: [email protected]
CBM
C:0011111:rl'ial Buildin,; :\I.11u1l{<'lllt'11I S••n in·, CBM. INC.COMMERCIAL BUILDING MANAGEMENT REFERENCES
Clients/ Address Contact Name/ Phone#/ E-mail Description Amount:
City of Bell Connie Hurtado $391,928.68.
6330 Pine Avenue (323) 773-1596 Provide custodial services in City-owned Bell, CA 90201 [email protected] buildings. Services are provided in accordance with specifications by facility.
Date: 06/2018- Present
Amount:
City of Glendale Kimberly Withers $618,414.96
633 E. Broadway. (818) 550-4471 Janitorial Services,
Glendale, CA 91206 [email protected] Carpet,Floor Care and Window Cleaning
Date: 09/2021- Present
Amount:
City of Laguna Niguel Jay Sarrami $240,000.00
30111 Crown Valley Pkway. {949) 795-1027 Janitorial Services, Laguna Niguel, CA 92675 [email protected] Carpet, Floor Care and Window Cleaning
Date: 07 /2015- Present
Amount:
County of Riverside Charlene Hernandez $829,300.00
4060 county Circle 2nd Floor (951) 955-0635 Janitorial Services provided in accordance Riverside, CA 92503 [email protected] with the specifications by the facility.
Date: 07 /2021- Present
Amount:
City of Signal Hill Joe Balon $132,610.00
2175 Cherry ave. (562) 305-0166 Janitorial Services, Carpet, Floor Care and Singal Hill, CA 90755 [email protected] Window Cleaning Date: 04/2017- Present
600 S Grand Ave. Ste 109 Santa Ana, CA 92705
Tel: (714) 542-9996 Fax: (714) 542-9998 Email: [email protected]
CBM
RESUMES FOR STAFFING
THE FOLLOWING EMPLOYEES HA VE BEEN BACKGROUND CHECKED BY SHERRIF DEPARTMENT OF ORANGE COUNTY.
NAME: TITLE:
JESUS VELASCO GENERAL MANAGER
30 YEARS EXPERIENCE IN THE JANITORIAL SER VICES MANAGEMENT. CUSTOMER CONT ACT AND NIGHTLY FOLLOW-UP. EXPERIENCE WlTH ALL TYPES OF FLOOR/CARPET CARE. BILINGUAL ENGLISH/SPANISH.
NAME: TITLE:
LEO RAMIREZ AREA SUPERVISOR
IO YEARS' EXPERIENCE IN THE JANITORIAL SER VICES MANAGEMENT. CUSTOMER CONT ACT AND NIGHTLY FOLLOW-UP. EXPERIENCE WITH ALL TYPES OF FLOOR/CARPET CARE. BIUNGUAL ENGLISG/SP ANl SH.
AME: TITLE:
DANIEL LOZANO AREA SUPER VISOR
15 YEARS EXPERIENCE IN THE JANITORIAL SER VICES MANAGEMENT. CUSTOMER CONT ACT AND NIGHTLY FOLLOW-UP. EXPERIENCE WlTH ALL TYPES OF FLOOR/CARPET CARE. BILINGUAL ENGLISH/SPANISH.
soo S Grand Ave. Ste 109 Santa Ana, CA 92705
Tel: (714) 542-9996 Fax: (714) 542-9998 Email: [email protected]
CBM
Comnwrcial 811ildit1): :\lanaJ.:l'llll'l11 ',l•n in·,
NAME: TITLE:
JUAN HERNANDEZ ASSIGNED JANITOR/FLOOR CARE CARPET CARE
30 YEARS' EXPERIENCE IN JANITORIAL SERVJCES, CARPET & FLOOR CARE WITH GTC.
BILINGUAL ENGLISH/SPANISH.
AME: TITLE:
RODOLFO GUERRERO WINDOW CLEANING
11 YEARS EXPERIENCE IN THE JANITORIAL SERVJCES WITH GTC CLEANING SERVICES. IN CHARGE OF ALL WINDOW CLEANING FOR GTC. BILINGUAL ENGLISH/SPANISH.
NAME: TITLE:
MARIA GONZALEZ DAY PORTER
5 YEARS' EXPERIENCE IN THE JANITORIAL SERVICE. BILINGUAL ENGLISH/SPANISH.
NAME: TITLE:
JUANITA MARTINEZ JANITOR
8 YEARS' EXPERIENCE IN THE JANITORIAL SERVICE. BILlNGUAL ENGLISH/SPANISH.
NAME: TITLE:
BETSY FUENTES JANITOR
10 YEARS' EXPERIENCE IN THE JANITORIAL SERVICE WITH GTC. BILlNGUAL ENGLISH/SPANISH. 600 S Grand Ave. Ste 109 Santa Ana, CA 92705
Tel: (714) 542-9996 Fax: (714) 542·9998 Email: [email protected]
CBM
Commcrt:ial Builtlini; Managt·mt•nt '>l·n in·,
CLEANING LIST PROFILE
Spartan Multi-Surface Cleaner
Spartan, glass cleaner
Spartan, WABL Restroom Disinfectant Cleaner
Diversey Virex II 256 all-purpose disinfectant
Spartan Scent-a- pine floor cleaner
Stainless Steel (Metal Polish)
Furniture Polish
Ajax
CLEANING EQUIPMENT
Maid Cart/ mop bucket and mop
Broom/ dust pan / complete dust mop set.
Scrubbing pads and brushes
Sanitaire HEPA Filter Backpack Vacuum
Window sponge and squeegee/ extension pole and round brush Signs such as restroom CLOSED Sign / wet floor signs
Goo S Grand Ave. Ste 109 Santa Ana, CA 92705
Tel: (714) 542·9996 Fax: (714) 542-9998 Email: [email protected]
Renown Dust Mop
Wet & Dry Vacuum
Machine
'
'
Sanitaire upright Vacuum
cleaner
Closed cleaning sign
=
CLOSED
FOR CLEANING
Rubbermaid 35qt
Mop bucket
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Rubbermaid Cart
Rubbermaid Wet
floor sign
CAUTION
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Attachment "1" - Certification of Proposal
The undersigned hereby submits its proposal and agrees to be bound by the terms and conditions of this Request for Proposal.
1. Proposer declares and warrants that no elected or appointed official, officer or employee of the City has been or shall be compensated, directly or indirectly, in connection with this proposal or any work connected with this proposal. Should any agreement be approved in connection with this Request for Proposal, Proposer declares and warrants that no elected or appointed official, officer or employee of the City, during the term of his/her service with the City shall have any direct interest in that agreement, or obtain any present, anticipated or future material benefit arising therefrom.
2. By submitting the response to this request, Proposer agrees, if selected to furnish services to the City in accordance with this RFP.
3. Proposer has carefully reviewed its proposal and understands and agrees that the City is not responsible for any errors or omissions on the part of the Proposer and that the Proposer is responsible for them.
4. It is understood and agreed that the City reserves the right to accept or reject any or all proposals and to waive any informality or irregularity in any proposal received by the City.
5. The proposal response includes all of the commentary, figures and data required by the Request for Proposal
6. The proposal shall be valid for 90 days from the date of submittal.
Name ofProposer: Commercial Buildin
Type Name: Jesus Velasco
Title: General Manager
Date: 06-12-2023
14
Attachment "2" - Cost Proposal (JANITORIAL SERVICES)
For all services described below, unless excluded by City in description of services below, City shall consider rates below to include, but not be limited to, all labor, equipment, fees of any kind, overhead, traffic control, fuel, materials, consumables, surcharges, disposal fees, and any other cost associated with and necessary for the Contractor to perform such service. No qualifications, exemptions, or alterations of services described below will be allowed. All requirements for which there is not a specific task item, such as insurance, bonds, and invoicing for example, shall be distributed amongst the various unit prices being provided. The Contractor shall be paid on the Hourly Rate plus materials mark-ups only for work performed under the Agreement executed by the successful Contractor and the City.
Name of Contractor: Commercial Building Management, Inc, In accordance with the Request for Proposal (RFP) for the Janitorial Services Contract, the undersigned declares that he/she has carefully examined and read the RFP requirements and is familiar with the requirements therein contained, and proposes to furnish all labor, material, and supplies necessary to accomplish the terms of the maintenance contract at the following rates:
COST COST
FACILITY WEEKLY PER PER
MONTH YEAR
SCHEDULE
City Hall M/TfW/TH/F $ $
1,636.00 9,632.00
Police Facility MIT fW/TH/F /Sat/Sun $ $
13,003.00 36,036.00
Bell Community Center M/T/Th/F/Sun $ $
1,536.00 8,432.00
Bell Technology Center MfW/F/Sat $ $
615.00 7,380.00
Camp Little Bear Park Facility MfW/F/Sat $ $
562.00 6,744.00
Veterans Memorial Park Clubhouse MfW/F/Sat $ $
and Public Restrooms 562.00 6,744.00
Ernest Debs Park Facility MfW/F/Sat $ $
562.00 6,744.00
Treder Park Restroom Sun/Fri $ $
281.00 3,372.00
Nueva Vista Soccer Complex Public Monday - Friday (April - $ $ Restrooms November. No Service
(December - March) 588.00 4,704.00
The Bell House MfW/F $ $
425.00 5.100.00
The City Yard Building MfW/F $ $
525.00 6,300.00
TOTAL $10,295 $121.188 .00
*Prevailing wages must be paid to all employees during normal business hours, Monday through Friday 7:30AM to 3:30PM
1
Attachment “2” – Cost Proposal (JANITORIAL SERVICES)
For all services described below, unless excluded by City in description of services below, City shall consider rates below to include, but not be limited to, all labor, equipment, fees of any kind, overhead, traffic control, fuel, materials, consumables, surcharges, disposal fees, and any other cost associated with and necessary for the Contractor to perform such service. No qualifications, exemptions, or alterations of services described below will be allowed. All requirements for which there is not a specific task item, such as insurance, bonds, and invoicing for example, shall be distributed amongst the various unit prices being provided. The Contractor shall be paid on the Hourly Rate plus materials mark-ups only for work performed under the Agreement executed by the successful Contractor and the City.
Name of Contractor: Commercial Building Management
In accordance with the Request for Proposal (RFP) for the Janitorial Services Contract, the undersigned declares that he/she has carefully examined and read the RFP requirements and is familiar with the requirements therein contained, and proposes to furnish all labor, material, and supplies necessary to accomplish the terms of the maintenance contract at the following rates:
*Prevailing wages must be paid to all employees during normal business hours, Monday through
FACILITY WEEKLY
SCHEDULE
COST
PER
MONTH
COST
PER
YEAR
City Hall M/T/W/TH/F $
1,636.00
$
19,632.00
Police Facility and Jail M/T/W/TH/F/Sat/Sun $
3,003.00
$
36,036.00
Bell Community Center M/T/Th/F/Sun $
1,536.00
$
18,432.00
Bell T echnology Center M/W/F/Sat $
615.00
$
7,380.00
Camp Little Bear Park Facility M/W/F/Sat $
562..00
$
6,744.00
Veterans Memorial Park Clubhouse
and Public Restrooms
M/W/F/Sat $
562,00-
$
6,744.00
Ernest Debs Park Facility M/W/F/Sat $
562.00
$
6,744.00
Treder Park Restroom Sun/Fri $
281.00
$
3,372.00
Nueva Vista Soccer Complex Public
Restrooms
Monday – Friday (April –
November. No Service
(December – March)
$
588.00
$
4,704.00
**The Bell House M/W/Th/F $
625.00
$
7,500.00
The City Yard Building M/W/F $
525.00
$
6,300.00
TOTAL $10,495 $123,588
ATTACHMENT 3
Friday 7:30AM to 3:30PM
**An additional day of service of Thursday has been included at the Bell House.
1 REQUEST FOR PROPOSALS
TO PROVIDE
JANITORIAL SERVICES
TO THE CITY OF BELL
COM
MUNITY DEVELOPMENT DEPARTMENT
SUBMITTAL: One (1) electronic copy via PlanetBids must be recei ved on or before Monday, June 12, 2023, by 4:00 PM
ADDRESSED TO: City Clerk
ADDRESS: City H
all, City of Bell, 6330 Pine Avenue, Bell, CA 90201
MARK
ENVELOPES: RFP fo
r Janitorial Services – Do Not Open
INQUIRIES: Direct questions for clarification of this Request for Proposal (RFP) document to Connie Hurtado, Interi m Community Serv ices Manager:
[email protected] or 323-773-1596, Ext. 2644
IMPORTANT DATES
RFP ISSUED Tuesday, May 16, 2023
REQUEST FOR INFORMATION DEADLINE Tuesday, May 30, 2023 at 2:00 PM CITY RESPONSES TO QUESTIONS Monday, June 4, 2023
RFP DUE DATE Monday, June 12, 2023, by 4:00 PM
INTERVIEW WITH FINALIST (if needed) Thursday, June 22, 2023* AWARD DATE Wednesday, July 26, 2023*
START DATE Monday, August 28, 2023*
*Date subject to change
ATTACHMENT 4
2 PURPOSE
The City of Bell, California, is requesting proposals qualified Contractors to provide Janitorial Services in the City of Bell. The contractor will furnish all equipment, materials, supplies, personnel, supervision and all other items necessary to perform the services specified in this Request for Proposal. The City desires to enter into an Agreement for three (3) years, with two (2) optional one-year extensions.
The Contractor will be required to comply with all applicable E qual Employment Opportunity Laws and Regulations. The City of Bell hereby notifies all prospective Contractors that the City will require each Contractor to demonstrate that Disadvantaged Business Enterpris es are afforded full opportunity to participate in the performance of contracts and sub-contracts financed in part or in whole with funds provided under this RFP, and will not be discriminated against on the grounds of race, color, gender, age, or national origin in consideration for an award.
The City of Bell reserves the right to accept or reject any or all proposals, and further reserves the right to waive information, informalities, and/or minor irregularitie s to the extent permitted by law in any proposal received where such action best serves the interest of the City and to be the sole judge of the merits of the respective Proposals received. Please note that the Contractor will be responsible for paying for their staff’s background checks (live scan) which ne ed to be done through our Bell Police Department.
PROJECT DESCRIPTION / SCOPE OF SERVICES
The work to be performed in the aforementioned areas shall consist of furnishing all labor, materials and equipment necessary to provide daily, weekly, quarterly, semi-annual and annual janitorial services to various City facilities.
SCOPE OF WORK
The Contractor will be required to perform and complete the mai ntenance work by providing all labor, tools, transportation, equipment, materials and supplies necessary to complete all work in a professional, thorough and timely manner, in accordance with standards and specifications as contained in “Scope of Work.” The City of Bell (City) is soliciting proposals (Proposal) from qualified contractors (Contractor) to perform Janitorial Services in the following locations:
Location Address
City Hall 6330 Pine Ave. Bell, CA 90201
Police Facility 6326 Pine Ave. Bell, CA 90201
Community Center 6250 Pine Ave. Bell, CA 90201
Bell Technology Center 4357 E. Gage Ave. Bell, CA 90201 Camp Little Bear Park Building 6704 Orchard Ave. Bell, CA 90201 Veterans Park Clubhouse and Public Restrooms 6500 Wilcox Ave. Bell, CA 90201 Ernest Debs Park Offices and Restrooms 3700 Gage Ave. Bell, CA 90201 Treder Park Restrooms 6250 Pine Ave. Bell, CA 90201
Nueva Vista Soccer Public Restrooms 4412 Randolph St. Bell, CA 90201 The Bell House 4401 Gage Ave. Bell, CA 90201
The City Yard Building 5320 Gage Ave. Bell, CA 90201
3 Holidays
Except for the Police Department which requires service 365 days per year, the City will not require janitorial service on those holidays which are observed by the City:
- New Year’s Day
- Martin Luther King’s Day
- Thanksgiving Day
- Friday after Thanksgiving
- Presidents’ Day - Christmas Day
- Memorial Day
- Independence Day
- Labor Day
No other days will be considered holidays. When said holidays fall on a weekday, no make-up of scheduled work will be required by the City.
Licensing and Permits
The contractor shall possess all pertinent permits and licensing required in performing all duties and activities described within this RFQ. In addition, a valid City of Bell business license prior to execution of the contract and for the duration of the contract.
Safety
Applicable provision of the following shall be incorporated into the specifications for this contract:
State Occupational Health and Safety Law of 1973 (Cal OSHA) Section 6300 Et Seq. of California Labor Code.
Code of the City of Bell.
Other Federal, State, or Municipal acts, statutes, rulings, ordinances, decisions or regulations which in any manner affect those employed or the materials used in the execution of this contract.
All subsequent revisions and supplements to the above document s.
The importance the City attaches to safety cannot be overemphasized. The City reserves the right, at its discretion, to disallow payment for any work performed where the proper safety precautions were not being observed. As the safety of the public and City staff is regarded as of prime importance, the Contractor shall conduct his/her operations so as to cause the lease possible obstruction and inconvenience to pedestrian traffic. In the event any work operation that is the contractor's responsibility results in a safety hazard or problem of an emergency nature, the contractor will be required to immediately initiate corrective action and to inform the City of the final disposition of the particular situation.
Transportation to Facilities
It shall be the responsibility of the contractor to provide consistent, reliable transportation for equipment and staff to service identified facilities. All costs related to the maintenance and operation of said transportation vehicle(s) shall be the sole responsibility of the contractor.
4 Cleaning Equipment and Supplies
The contractor shall provide, at his/her own expense, all neces sary cleaning supplies and equipment as may be required to perform the janitorial tasks outlined in this specification, including but not limited to the following: cleaning supplies, floor wax, furniture polish, and custodial tools. All such supplies and materials shall be of the highest quality. The City reserves the right to review and approve all items which may be used in performance of the contract work.
No additional compensation shall be allowed for such items.
The contractor shall also provide all expendable supplies such as toilet paper, towels, seat covers, hand soap, hygiene products, indoor and outdoor trash can liner s. Contractor shall maintain a minimum of (1) week’s supply of all expendable supplies at all facilities during the life of the contract that can be utilized by City staff for the purpose of restocking the facilities’ dispensers if needed.
Building Security/Safety
It shall be the responsibility of the contractor to see that all his/her supervisory and crew personnel abide by the City of Bell’s building security regulations and safety standards. The contractor shall conduct his work operations in such a way as to safeguard the City’s personnel, equipment, and property.
Compensation
1. For all services which the Contract is obligated to perform under the terms of this specification, the City shall pay to the Contractor a monthly price per facility as set forth in the contract.
2. Payment shall be made upon submittal of a detailed monthly s tatement to the Contract Manager. Said statement shall be submitted within two (2) weeks following the end of a billing period defined as a calendar month. Please note: Contra ctor will receive payment 4-6 weeks after the monthly statement is submitted to the Contract Manager.
3. Prior to City payment of the monthly statement, the Contract Manager shall review and approve payment based on the satisfactory completion of service . Payment shall be issued within 30 days of acceptance by the City.
Facility Inspection
It shall be the responsibility of the Contract Manager to guarantee the execution of the contract in accordance with its terms and specifications. To this end, he may appoint a designee who shall also be responsible for the inspection and monitoring of the wo rk performed under the contract.
The City reserves the right to make all final determinations as to whether the work has been satisfactorily completed. In the event that results of the jan itorial service are considered unsatisfactory by the City representative, the contractor shall be required to re-clean the unsatisfactory area at no cost to the City. Said service shall be performed without interruption in the regular cleaning schedule.
SCOPE OF WORK
General Information
An adequate number of trained personnel shall be assigned by th e contractor to perform the work described in these specifications. All contract employees shall be subject to review and approval by the
5 City of Bell. The City reserves the right to request the removal of any employee who is deemed unacceptable for any reason.
The contractor shall be required to provide on-site, supervisory personnel of a high professional caliber, including bi-lingual communication ability if any contract crew member does not have a working knowledge of the English language. The supervisory personnel sh all conduct bi-weekly inspections to determine what work is being performed in accordance with profe ssional cleaning standards and established work schedules. Said supervisor must have the authority to respond immediately to situations upon request by the City representative.
The assigned supervisor shall contact the Contract Manager or his/her designated alternative to discuss and clarify and operational problems and receive instructions. The contractor will be responsible for making sure that supplies are adequately stocked.
The contractor shall meet special personnel standards for the Public Safety facilities. All contract employees assigned to these areas must pass a Police background investigation prior to entering said facilities. At no time shall the contractor schedule personnel in the Polic e facilities that have not passed the background check. This rule shall apply even during times of short staffing due to holidays, illness, vacations, no shows, etc.
All janitorial personnel entering any City facility must pass a background investigation and wear a photo I.D. and uniform from the janitorial company at all times. It w ill be the responsibility of the contractor to transport all supplies to the off-site locations. It will also be the responsibility of the contractor to maintain any keys, codes, or cards required to gain access and complete work at each location.
All personnel assigned by the contractor to perform work for the City of Bell shall not have an arrest record other than minor traffic violations, must be physically capable of performing all duties as assigned, and must present a professional appearance acceptable to the City. For identification purposes, the use of uniforms is required with company identification or logo. The final decision as to the acceptability of any individual performing work under any contract awarded as a result of this specification shall rest with the City of Bell.
All work by contract personnel shall be performed in a professi onal, courteous manner. Discourtesy, rudeness, or the use of profanity will not be tolerated, and shall be grounds for immediate removal of the offending employee from performing work under any contract awarded as a result of this specification.
Services performed as required by this specification shall be subject to inspection and approval by City of Bell facility staff. Supervisory and janitorial employees shall be proactive in efforts to keep City of Bell facilities clean and comfortable for City’s customers, staff and visitors. Janitorial employees shall take initiative in identifying, reporting and correcting all readily recognizable custodial and maintenance conditions, especially spot cleaning of spills, flooring, walls, glass surfaces, restrooms and lobbies.
Contractor’s Personnel Qualifications
Janitorial Manager: The Janitorial Manager is responsible for the scheduling and ma nagement of work to be performed as detailed in this specification. Therefore, the Janitorial Manager must have at least three (3) of the last five (5) years’ work experience in the ma nagement of custodial type operations for buildings of the approximate size and similar characteristics of the building(s) in this specification.
6 Supervisory Employees: All supervisory personnel engaged in fulfilling the requirement s of this specification shall have experienc e in custodial type work. Sup ervisory personnel shall be available during the hours of service; and must be provided with cell phones by the contractor. Names, telephone, cell phone numbers must be provided to City of Bell designated representative and updated when changes are made. All supervisory personnel must be fluent in t he English language, both verbal and written.
Janitorial Employees: The contractor shall employ only qualified personnel who are sk illed in the performance of janitorial work and shall screen all employees, requiring satisfactory references. All employees of contractor shall be neatly attired in uniforms sup plied by the contractor while working at City of Bell locations and must properly display the contractor furnished identification (badge) indicating the name of the employee and contractor. The minimum uniform will consist of an outer garment with the company name located on the chest and company identification badge with the employee photo, name and company name.
Other Requirements: The contractor’s employees must have a good working knowledge of the principles and techniques of the machines, equipment, and cleaning products used in building maintenance, as well as a good working knowledge of safety procedures. The cont ractor shall be responsible for instructing its employees in safe work habits and practices. No one is to accompany contractor’s employees to a City of Bell’s facilities that is not employed b y the contractor and assigned and/or scheduled to work at that City facility. City of Bell reserves the right to have the removal of a contractor’s employee from any of the City’s site without cause. All personn el must be able to understand labels, descriptions and instructions for all materials used at City’s facilities. Project managers, supervisors, daytime employees and lead persons are required to understand a nd speak English fluently for safety and work-related communication.
The contractor is required to provide a schedule for approval by the City, indicating staff and supervisory contact information and by location. If there is a change to s chedule and/or staff, notify City of Bell designated representative at least 12 hours in advance. Provide an updated listing of staff by location, including phone numbers. Work with the City’s designated repres entative to schedule special services as needed.
Security
Facility master keys will be provided. Offices will be cleaned as scheduled or as requested by staff. The contractor will be provided a key to the facility and the alarm code when applicable. Supervisors will be trained on the use of alarm panels and will be responsible for training janitorial employees. Contractor shall be liable for all costs associated with re-keying, re-issuance, or programming of keys, access cards, and security codes, which result from the loss or compromising of keys, access cards or security codes by contractor’s personnel. Janitorial employees shall be responsible for securing all offices, gates and exterior entrances/exits at all facilities both during and at the completion of contracted services, unless otherwise directed by a designated City of Bell, representative. Janitorial employees shall immediately communicate to City’s representative (PM and/or Security) any i nabilities to secure by code, alarm, or mechanical lock any office, gate or door. Repeated failures to maintain a secure Facility when providing janitorial services shall serve as cause for termination of contract.
Supplies and Materials
The contractor shall furnish all supplies and materials necessary for the performance of this specification,
7 unless otherwise specified herein. Any changes to the items previously approved for use by City of Bell, must be submitted in writing to the City’s representative. Contractor must maintain at each location, a list of the Material Safety Data Sheets (MSDS) for each product used at each facility. The contractor shall not use any material which the City, determines unsuitable for the purpose intended, or harmful to any part of the building(s), contents or equipment.
Equipment
All necessary cleaning equipment, including power driven floor scrubbing machines, waxing and polishing machines, industrial type vacuum cleaners, and all necessary mo tor trucks, etc., needed for the performance of this specification shall be furnished by the Con tractor. Such equipment shall be of the size and type customarily used in work of this kind and shall m eet the approval of the City of Bell.
Equipment deemed to be of improper type or design, or inadequate for the purpose intended, shall be replaced.
Storage Provisions
City of Bell will provide storage space for supplies used daily including mops, brooms, vacuum, paper, soap, and janitorial supplies.
Schedule of Cleaning Services Classifications
The following is intended to outline some of the duties which the contractor is expected to perform as part of the Scope of Service and may not be inclusive of all areas which will require the contract’s service. Details on particular areas can be provided during the mandatory Job Walk for each area.
The contractor is expected to be fully knowledgeable of the acceptable practice and methods to complete the janitorial services requested.
Evening Services)
These services are to be performed after normal business hours daily. Office Hours are as follows:
Location Office Hours
1. City Hall 7:00am – 7:00pm
2. Police Facility 24 hours/day, 7 days/week
3. Community Cente r 7:00am-10:00pm
4. Bell Technology Center 7:00am-9:00pm
5. Camp Little Bear Park Facility 7:00am-9:00pm
6. Veterans Park Clubhouse and Public Restrooms 7:00am-10:00pm
7. Ernest Debs Park Offices and Restrooms 7:00am-10:00pm
8. Treder Park Restrooms 7:00am-8:00pm
9. Nueva Vista Soccer Complex Public Restrooms 7:00 am-9:00pm
10. The Bell House 7:00am-5:00pm
11. The City Yard Building 6:00am-5:00pm
Duties are: Clean, sanitize and stock restrooms, empty trash containers, clean trash containers and remove trash to designated disposal area, vacuum common areas, spot treatment of carpet stains, spot dust horizontal surfaces in common areas, sweep/mop all accessible common areas and hallways, sweep stairwells, clean/disinfect lobby furniture, mop stairwells and cleaning of glass and removal of trash at entrances, report maintenance problems to City of Bell Contract Manager and be proactive in keeping all facilities clean and safe. Examples of duties are:
8 All trash containers, both inside and outside buildings, shall be emptied, wiped clean, and returned to the original location with new plastic liners. All collected trash shall be removed to dumpster.
Recycled paper blue containers shall be emptied, and all collected wastepaper shall be removed to the large blue curbside recycling containers.
Desks and tables shall be dusted thoroughly on all surfaces us ing a treated dust cloth or duster, except when surfaces are laden with paperwork.
Spot clean windows, walls, and doors to eliminate fingerprints and smudges. All resilient floors shall be dusted with a chemically treated dust mop. All spills must be removed same day of occurrence.
All carpets shall be vacuumed (prior to 8:00 A.M. or after 6:0 0 P.M.) Spills, spots, and gum shall be removed.
Clean all restroom structures, which includes the disinfection (with non-pungent germicide disinfectant solution) of toilets, urinals, sinks, faucets, door knobs and handles, paper holders, floors, partition walls and doors; also shower walls and floors on daily basis. Wash basins shall be washed and dried inside and out and the b right metal polished. All sanitary napkin containers shall be emptied. Containers s hall be sprayed with a disinfectant and wiped dry.
Refill all trash liners, towel, soap, toilet seat, and tissue dispensers. Damp mop all restroom floors with a disinfectant solution and spot clean stall partitions, knobs, doorjambs and walls.
All doors, door jams, doorknobs, walls, and windows shall be spot cleaned to eliminate fingerprints and smudges.
Stairways, landings, and exterior concrete walks and steps adjacent to building entrances shall be swept or washed to remove all debris, stains, or spots. All interior glass doors and partitions, and all exterior glas s doors shall be cleaned.
Bi-Weekly Services for floors
Clean and Buff all hard floors Bi-Weekly to ensure a lustrous and prolonged usability of all flooring. Strip and wax as needed.
Quarterly Services
Quarterly services are necessary for janitorial deep cleaning maintenance to ensure a lustrous and prolonged usability of City facilities. Some of the areas which will require quarterly services include: high cleaning of all surfaces in common areas including but not limited to shelves, fire extinguishers/cabinets, signage, etc., deep cleaning of slip resistant tile, deep cleaning/disinfecting of all surfaces in restrooms.
Bi-Annual Service
9 There are some areas which require bi-annual cleaning. The following provides an example of the type of services which would be required bi-annually (every six months).
Vinyl tile and terrazzo floors, including Locker Room floors, shall be damp mopped with finish additives applied. Wooden floors shall be dusted with a chemically treated dust mop. All floors shall be stripped and waxed twice each year, and it will be the contract company's responsibility to schedule the cleaning to begin the last week of January and the last week of July.
Shampoo all carpet twice each year using a cleaning method that incorporates some type of extractor. It will be the contract company's responsibility to schedule the shampoo cleaning with City staff.
Daily Daytime Services
Daytime services shall consist of: Cleaning all offices that are normally closed after hours. Check of restrooms and lobbies, cleaning, sanitizing and stocking restro oms as needed. Emptying trash and cleaning trash cans, (trash bags removed from cans/receptacles will not be placed on carpet), clean spills as needed, vacuum offices as requested or scheduled, and reporting maintenance problems to City of Bell Contract Manager. Contractor will be proactive in keeping all facilities clean and safe. Supply logs, (approved by City of Bell staff), shall be placed in all facility restrooms except for public restrooms. Please Note: The Day Porter hours are from 10:00AM to 2:00PM Monday through Thursday for City Hall, Police Department, and Community Center.
Work Scheduling and Reporting
Quality cleaning is required, including full performance of all specified daily services on the first official working day of the contract period. All work will be performed at times as specified and agreed upon by contractor and the city of Bell representatives. All cleaning personnel are prohibited from disturbing papers on desks or shelves, opening desk drawers or cabinets, o r using telephone or office equipment provided for City of Bell employees. Instructions pertaining to conduct and other regulations, as required by City of Bell standards, must be followed. All contract personnel are required to sign in/out upon arrival and departure of work site. Sign-in form should be provided by the contractor and placed in the janitorial closet at each facility.
Non-performance
It is the objective of the City of Bell, to obtain complete and satisfactory performance in accordance with the requirements of this specification. Failure to perform Quarterly, Semi-Annual and Special Services will result in a deduction of payment equal to the cost charged to provide these services. Failure to adequately perform Daytime and/or Night Services will result in notification of supervisor upon first occurrence. Subsequent occurrences will result in notification of contractor’s Janitorial Manager. If performance issues are not corrected, the City of Bell may request that janitorial employee(s) at location be replaced. Failure of contractor to resolve performance issue s shall serve as cause for termination of contract.
Service Increase/Decrease
It is understood that this specification’s description of work is the City’s present service requirements only, and the scope of work may increase or decrease during the term of the contract. Any change in the scope of work and resulting compensation shall be negotiated prior to implementation and documented in writing.
P.D. Jail
10 Due to the governmental health requirements described in the Jail section of this scope of work, the contracting company shall have experience in cleaning detention facilities. The contracting company may elect to sub-contract the Jail section to a qualified janitorial company with the proper experience in cleaning detention facilities. Provide the subcontractor’s name , address, phone number, contact name, and 3 references in your bid proposal. All sub-contractors sha ll be approved by the City of Bell prior to commencing services.
The Janitorial Company shall be familiar with and comply with a ll cleaning standards set by the 'Correctional Standards Authority' Title 15 and Title 24. The j ail is subject to health inspections by Los Angeles County and the Department of Corrections. The janitorial contract company shall be responsible for correcting any deficiencies noted on the inspection reports.
The duties described in this section of the Scope of Work shall be in addition to the standard Janitorial Scope of Work, listed above.
1. Janitorial service shall be provided three (3) times per wee k (Monday, Wednesday & Friday) and a weekly jail cleaning check list is to be filled out, identifying all maintenance completed. (Check list to be provided by Contractor).
2. Maintenance specifications will be consistent with those provided for in other facilities including but not limited to the Main Control Room, Administrative Office, Break Room, Print Room, Hallways, Interview Room and Employee Rest Room.
3. All jail cell floors will be swept and mopped with a disinfe ctant solution once a week.
4. All toilets, showers, and drinking fountains in the cells sh all be cleaned and scrubbed with a germicide disinfectant solution once a week.
5. The baseboard ledges of the cells shall be cleaned at the en d of each month.
6. Vinyl and terrazzo floors shall be stripped and waxed the fi rst week of March and September of each year.
7. The cleaning crew must be flexible and able to work around t he limitations presented by the 'Booking' and other functions of the Jail schedule.
PROPOSAL SUBMITTAL
Contractors shall submit the following, as a minimum, in additi on to the information required by other portions of this RFP:
A statement of the Contractor’s qualifications applicable to this Contract, including the following:
A. Contractor’s legal name, any fictitious business name(s) und er which the Contractor is now doing business or ever has done business, and Contractor’s address and phone numbers (Main office and Fax).
B. Brief description of the Contractor’s business.
C. A list of minimum three (3) references of current or past co ntracts for which the Contractor has performed or is performing work of similar type, scope, and complexity within the past ten years.
11 This list shall include the names, addresses, and phone numbers of the contracting party as well as a description of services performed and the dollar amount of the contract. Upon further consideration of the Contractor’s proposal, the City may request additional references.
D. List of key staff who will work on this Contract, including qualifications and proposed duties.
E. Provide a complete list of machinery and equipment to be use d. All equipment must in good working order; and shall be maintained and operated in full compliance with OSHA regulations and State of California Department of Transportation (DOT) requirements.
F. The City’s proposed agreement for services is attached for r eference in Attachment “4” of this RFP. The Contractor should specifically indicate in its response any clauses in the City’s proposed agreement, which are unacceptable to the Contractor.
PROPOSAL EVAULATION
The following selection criteria will be used in evaluating the proposal and in selecting the successfully consulting firm.
1. Cost (30%)
2. Responsiveness to RFP (15%)
3. Qualifications and Experience (20%)
4. References/Previous Performance (10%)
5. Ability to Provide Services (25%)
APPROVAL
The proposals will be reviewed by the Contracts and Facilities Manager and may be reviewed by additional staff. The finalists may be requested to provide the City a presentation and/or oral interview.
LICENSES, PERMITS, FEES AND ASSESSMENTS
Contractor shall obtain at its sole cost and expense such licenses, permits and approvals as may be required by law for the performance of the services required by this Agreement. Contractor shall have the sole obligation to pay for any fees, assessments and taxes, plus applicable penalties and interest, which may be imposed by law and arise from or are necessary for the Contractor’s performance of the services required by this Agreement, and shall indemnify, defen d and hold harmless City, its officers, employees or agents of City, against any such fees, assessments , taxes penalties or interest levied, assessed or imposed against City hereunder.
SELECTION AND SCHEDULE
The selected consultant will be required to enter into an agreement with the City of Bell for the proposed services and shall provide certificates of insurance meeting th e City's insurance requirements. The City of Bell reserves the right to reject any and all proposals at a ny time and for any reason, to negotiate appropriate modifications to a proposal, and/or negotiate a different agreement with any one or more consultants.
PRE-CONTRACTUAL EXPENSES IN RESPONDING TO THE RFP PREPARATION The City shall not be liable for any pre-contractual expenses incurred by any bidder or by any selected consultant. Each bidder shall protect, defend, indemnify, and h old harmless the City from any and all liability, claims, or expenses whosoever incurred by, or on beh alf of, the entity participating in the
12 preparation of its response to this Request for Proposals. Pre- contractual expenses are defined as expenses incurred by bidders and the selected consultant, if any, in:
• Preparing and submitting information in response to this Requ est for Proposals. • Costs associated with interviews, meetings, travel or present ations • All other expenses incurred by a bidder/consultant prior to t he date of award and a formal notice to proceed.
Materials submitted by respondents are subject to public inspection under the California Public Records Act (Government Code Sec. 6250 et. seq.), unless exempt.
The City reserves the right to amend, withdraw and cancel this request. The City reserves the right to reject all responses to this request at any time prior to contract execution. The City reserves the right to request or obtain additional information about any and all prop osals. The City of Bell reserves the right to reject any or all proposals submitted and/or waive any irregularity.
During the evaluation process, the City of Bell reserves the right, where it may serve the City's best interest, to request additional information or clarifications from proposers, or to allow corrections of errors or omissions. At the discretion of the City, firms submitting proposals may be requested to make oral presentations as part of the evaluation process. This RFP does not constitute any form or offer to contract.
TECHNICAL SPECIFICATIONS
All facilities requiring janitorial services consist mostly of general office space including restroom, lunchrooms, conference rooms, kitchen facilities and hallways. The contractor shall perform the following tasks daily, unless otherwise stated, per the schedule listed below.
FACILITY WEEKLY APPROXIMATE
SCHEDULE SQ.FOOTAGE
City Hall M/T/W/TH/F 9,170
Police Facility M/T/W/TH/F/Sat/Sun 10,960
Community Center M/T/Th/F/Sun 12,074
Bell Technology Center M/W/F/ Sat 4,880
Camp Little Bear Park Building M/W/F/Sat 5,450
Veterans Park Clubhouse and Public
Restrooms
M/W/F/Sat 5,160
Ernest Debs Park Facility M/W/F/Sat 1,940
Treder Park Restroom M//F/Sun 2,500
Nueva Vista Soccer Field Restrooms Monday – Friday (February – November)
No Service (December-January)
500
The Bell House M/W/F 2,000
The City Yard Building M/W/F 3,200
13 ATTACHMENTS:
1 - Certification of Proposal
2 - Cost Proposal
3 – Janitorial Supplies and Materials
4 – Map of Locations
5 - City’s Agreement for Contract Services
6 - City of Bell – Performance Evaluation of Vendor/Consultant
14 Attachment “1” – Certification of Proposal
The undersigned hereby submits its proposal and agrees to be bo und by the terms and conditions of this Request for Proposal.
1. Proposer declares and warrants that no elected or appointed official, officer or employee of the City has been or shall be compensated, directly or indirectly, in connection with this proposal or any work connected with this proposal. Should any agreement be approved in connection with this Request for Proposal, Proposer declares and warrants that no elected or appointed official, officer or employee of the City, during the term of his/her service with the City shall have any direct interest in that agreement, or obtain any present, antic ipated or future material benefit arising therefrom.
2. By submitting the response to this request, Proposer agrees, if selected to furnish services to the City in accordance with this RFP.
3. Proposer has carefully reviewed its proposal and understands and agrees that the City is not responsible for any errors or omissions on the part of the Prop oser and that the Proposer is responsible for them.
4. It is understood and agreed that the City reserves the right to accept or reject any or all proposals and to waive any informality or irregularity in any proposal received by the City.
5. The proposal response includes all of the commentary, figures and data required by the Request for Proposal
6. The proposal shall be valid for 90 days from the date of sub mittal.
Name of Proposer: __________________________________________________________________
By: ______________________________________________________________________________ (Authorized Signature)
Type Name: _______________________________________________________________________
Title: _____________________________________________________________________________
Date: _______________________
15 Attachment “2” – Cost Proposal (JANITORIAL SERVICES)
For all services described below, unless excluded by City in de scription of services below, City shall consider rates below to include, but not be limited to, all labor, equipment, fees of any kind, overhead, traffic control, fuel, materials, consumables, surcharges, disposal fees, and any other cost associated with and necessary for the Contractor to perform such service. No qualifications, exemptions, or alterations of services described below will be allowed. All re quirements for which there is not a specific task item, such as insurance, bonds, and invoicing for example, shall be distributed amongst the various unit prices being provided. The Contractor shall be paid on the Hourly Rate plus materials mark-ups only for work performed under the Agreement executed by the successful Contractor and the City.
Name of Contractor: ________________________________________________________
In accordance with the Request for Proposal (RFP) for the Janitorial Services Contract, the undersigned declares that he/she has carefully examined and read the RFP requirements and is familiar with the requirements therein contained, and proposes to furnish all lab or, material, and supplies necessary to accomplish the terms of the maintenance contract at the following rates:
FACILITY WEEKLY
COST
PER
MONTH
COST
PER
YEAR
SCHEDULE
City Hall M/T/W/TH/F $
$
Police Facility M/T/W/TH/F/Sat/Sun $
$
Bell Community Center M/T/Th/F/Sun $
$
Bell Technology Center M/W/F/Sat $
$
Camp Little Bear Park Facility
M/W/F/Sat $ $
Veterans Memorial Park Clubhouse
and Public Restrooms
M/W/F/Sat $ $
Ernest Debs Park Facility
M/W/F/Sat $ $
Nueva Vista Soccer Complex Public
Restrooms
Monday – Friday (April –
November. No Service
(December
– March)
$ $
The Bell House M/W/F $
$
The City Yard Building M/W/F $
$
TOTAL
$
$
*Prevailing wages must be paid to all employees during normal business hours, Monday through Friday 7:30AM to 3:30PM
16 Attachment “3” – Janitorial Supplies and Materials
The qualities stated in this section are the City’s reasonable estimate of annual janitorial supplies. This information is provided for information purposes ONLY and is NO T a guaranteed quantity. Actual quantities may be higher or lower. A performance evaluations/demonstration may be required to assure that the materials offered are suitable for the City’s purpose. The City reserves the sole right to determine whether a product designated as “equivalent” will meet the City’s needs.
Description Estimated
Annual
Quantity
Product Offered Unit Price
Kimberly Clark – Kimcare General #91220-00 (or
equivalent) Pink Lotion Soap 12 pk per case, 800ml
= 9.6L
100 cases
Trash Can Liners. Low Density, Super Clear, 40 x
48, 40-45 gallon; Minimum of 1.15mil, 150 liners per
case
600 cases
Trash Can Liners. Low Density, Natural, 10-micron
30 x 36, 20-30 gallon; 20 rolls per case, 25 liners per roll
100 cases
Trash Can Liners. High Density, Natural, 6-micron
24 x 24, 8-10 gallon; 20 rolls per case, 50 liners per
roll
100 cases
Optima Toilet Paper Rolls, 2-Ply, 500 sheets per
roll,
400 Cases
Toilet Tissue, Jumbo, 2-Ply, 12 rolls per case, 3.5”
x 1000 ft.
100 cases
Toilet seat covers, Protecto (or equivalent), 20
packs per case, 250 sheets per pack
100 cases
GoJo Premium Lotion Soap, 1-gallon container
80 gal
Multifold white towels, 1-Ply 9.0” x 9.5”, Plain 250
sheets per pack, 16 packs per case
85 cases
Natural single fold towel, 100% recycled, #470A (or
equivalent), 1-ply, Natural, 9” x 10”, 268 towels per
pack, 15 packs per case
550 cases
White High Capacity Roll Towels Cormatic, Georgia
Pacific #2930P (or equivalent), 20 packs per case,
250 sheets per pack
200 cases
Bleach 128oz/1gal Active Ingredients: Sodium
Hypochlorite 5.25%; Inert Ingredients 94.75% - 6 gal
per case
200 cases
Renown 3D Urinal Screen, pack of 10
200 cases
Spartan disinfectant (or equivalent), 1-gallon
container
300 gal
*City is open to equivalent material products upon the City’s approval. Quantity above is an estimate only. The contractor is responsible for supplying necessary quantities throughout the contact term.
17 Attachment “4” – Map of Location
ATTACHMENT 1
01135.0001/978168.1 1
CONTRACT SERVICES AGREEMENT
By and Between
CITY OF BELL
and
AULA Athletic Club
AGREEMENT FOR CONTRACT SERVICES
BETWEEN THE CITY OF BELL AND AULA REFEREE ASSOCIATION
THIS AGREEMENT FOR CONTRACT SERVICES (herein “Agreement”) is made and entered into this 8 day of May, 2024 by and between the City of Bell, a California charter city (“City”) and AULA Athletic Club (“Consultant”). City and Consultant may be referred to, individually or collectively, as “Party” or “Parties.”
RECITALS
A. City has sought, by issuanc e of a Request for Proposals or Invitation for Bids, the performance of the services defined and described particularly in Article 1 of this Agreement.
B. Consultant, following submission of a proposal or bid for the performance of the services defined and described particularly in Article 1 of this Agreement, was selected by the City to perform those services.
C. Pursuant to the City of Bell Municipal Code , City has authority to enter into and execute this Agreement.
D. The Parties desir e to formalize the selection of Consultant for performance of those services defined and described particularly in Article 1 of this Agreement and desire that the terms of that performance be as particularly defined and described herein.
OPERATIVE PROVISIONS
NOW, THEREFORE, in consideration of the mutual promises and covenants made by the Parties and contained herein and other consideration, the value and adequacy of which are hereby acknowledged, the parties agree as follows:
ARTICLE 1. SERVICES OF CONSULTANT
1.1 Scope of Services.
In compliance with all terms and conditions of this Agreement, the Consultant shall provide those services specified in the “Scope of Services” attached hereto as Exhibit “A” and incorporated herein by this reference, which may be referred to herein as the “services” or “work” hereunder. As a material inducement to the City entering into this Agreement, Consultant represents and warrants that it has the qualifications, experience, and facilities necessary to properly perform the services required under this Agreement in a thorough, competent, and professional manner, and is experienced in performing the work and services contemplated herein. Consultant shall at all times faithfully, competently and to the best of its ability, experience and talent, perform all services described herein. Consultant covenants that it shall follow the highest professional standards in performing the work and services required hereunder and that all materials will be both of good quality as well as fit for the purpose intended. For purposes of this Agreement, the phrase “highest professional standards” shall mean those standards of practice recognized by one or more first-class firms performing similar work under similar circumstances.
1.2 Consultant’s Proposal.
The Scope of Services shall include the Consultant’ s scope of work or bid which shall be incorporated herein by this reference a s though fully set fort h herein. I n the event of any 01135.0001/978168.1
ATTACHMENT 1
01135.0001/978168.1 2
inconsistency between the terms of such proposal and this Agreement, the terms of this Agreement shall govern.
1.3 Compliance with Law.
Consultant shall keep itself informed concerni ng, and shall render all services hereunder in accordance with , all ordinances, resolutions, statutes, rules, and regulations of the City and any Federal, State or local go vernmental entity having jurisdiction in effect at the time service is rendered.
1.4 California Labor Law.
If the Scope of Services includes any “public work” or “maintenance work,” as those terms are defined in California Labor Code section 1720 et seq. and C alifornia Code of Regulations, Title 8, Section 16000 et seq. , and if the total comp ensation is $1,000 or more, Consultant shall pay prevailing wages for such work and comply with the requirements in California Labor Code section 1770 et seq. and 1810 et s eq., and all other applicable laws, including the following requirements:
(a) Public Work. The Parties acknowledge that some or all of the work to be performed under this Agreement is a “public work” as defined in Labor Code Section 1720 and that this Agreeme nt is therefore subject to the requirements of Division 2, Part 7, Chapter 1 (commencing with Section 1720) of the California Labor Code relating to public works contracts and the rules and regulations established by the Department of Industrial Relations (“DIR”) implementing such statutes. The work performed under this Agreement is subject to compliance monitoring and enforcement by the DIR. Consultant shall post job site notices, as prescribed by regulation.
(b) Prevailing Wages . Consultant shall pay prevaili ng wages to the extent required by Labor Code Section 1771. Pursuant to Labor Code S ection 1773.2, copies of the prevailing rate of per diem wages are on file at City Hall and will be made available to any interested party on request. By initiating any wor k under this Agreement, Consultant acknowledges receipt of a copy of the Department of Industrial Relations (DIR) determination of the prevailing rate of per diem wages, and Consultant shall post a copy of the same at each job site where work is performed under this Agreement.
(c) Penalty for Failure to Pay Prevailing Wages. Consultant shall comply with and be bound by the provisions of Labor Code Sections 1774 and 1775 concerning the payment of prevailing rates of wages to workers and the penalties for failure to pay prevailing wages. The Consultant shall, as a penalty to the City, forfeit two hundred dollars ($200) for each calendar day, or portion thereof, for each worker paid less than the prevailing rates as determined by the DIR for the work or craft in wh ich the worker is employed for any public work done pursuant to this Agreement by Consultant or by any subcontractor.
(d) Payroll Records . Consultant shall comply with and be bound by the provisions of Labor Code Section 1776, which requires Consultant and each subconsultant to:
keep accurate payroll records and verify such records in writing under penalty of perjury, as specified in Section 1776; certify and make such payroll records available for inspection as provided by Section 1776; and inform the City of the location of the records.
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01135.0001/978168.1 3
(e) Apprentices. Consultant shall comply with and be bound by the provisions of Labor Code Sections 1777.5, 1777.6 , and 1777.7 and California Code of Regulations T itle 8, Section 200 et seq. concerning the employment of apprentices on public works projects.
Consultant shall be responsible for compliance with these aforementioned Sections for all apprenticeable occupations. Prior to commencing work under this Agreement, Consultant shall provide City with a copy of the information sub mitted to any applicable apprenticeship program.
Within sixty (60) days after concluding work pursuant to this Agreement, Consultant and each of its subconsultants shall submit to the City a verified statement of the journeyman and apprentice hours performed under this Agreement.
(f) Eight-Hour Work Day. Consultant acknowledges that eight (8) hours labor constitutes a legal day's work. Consultant shall comply with and be bound by Labor Code Section 1810.
(g) Penalties for Excess Hours. Consultant shall comply with and be bound by the provisions of Labor Code Section 1813 concerning penalties for workers who work excess hours. The Consultant shall, as a penalty to the City, forfeit twenty -five dollars ($25) for each worker employed in the performance of this Agreeme nt by the Consultant or by any subcontractor for each calendar day during which such worker is required or permitted to work more than eight (8) hours in any one calendar day and forty (40) hours in any one calendar week in violation of the provisions of D ivision 2, Part 7, Chapter 1, Article 3 of the Labor Code.
Pursuant to Labor Code se ction 1815, work performed by employees of Consultant in excess of eight (8) hours per day, and forty (40) hours during any one week shall be permitted upon public work upon compensation for all hours worked in excess of 8 hours per day at not less than one and one-half (1½) times the basic rate of pay.
(h) Workers’ Compensation. California Labor Code Sections 1860 and 3700 provide that every employer will be required to secure the payment of compensation to its employees if it has employees. In accordance with the provisions of California Labor Code Section 1861, Consultant certifies as follows:
“I am aware of the provisions of Section 3700 of the Labor Code which require every employer to be insured against liability for workers' compensation or to undertake self-insurance in accordance with the provisions of that code, and I will comply with such provisions before commencing the performance of the work of this contract.”
Consultant’s Authorized Initials ________
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01135.0001/978168.1 4
(i) Consultant’s Responsibility for Subcontracto rs. For every subcontractor who will perform work under this Agreement, Consultant shall be responsible for such subcontractor's compliance with Division 2, Part 7, Chapter 1 (commencing with Section 1720) of the California Labor Code, and shall make such compliance a requirement in any contract with any subcontractor for work under this Agreement. Consultant shall be required to take all actions necessary to enforce such co ntractual provisions and ensure subcontractor's compliance, including without limita tion, conducting a review of the certified payroll records of the subcontractor on a periodic basis or upon becoming aware of the failure of the subcontractor to pay his or her workers the specified prevailing rate of wages. Consultant shall diligently take corrective action to halt or rectify any such failure by any subcontractor.
1.5 Licenses, Permits, Fees and Assessments.
Consultant shall obtain at its sole cost and expense such licenses, permits and approvals as may be required by law for the performance o f the services required by this Agreement.
Consultant shall have the sole obligation to pay for any fees, assessments and taxes, plus applicable penalties and interest, whi ch may be imposed by law and arise from or are necessary for the Consultant’s performance of the services required by this Agreement, and shall indemnify, defend and hold harmless City , its officers, employees or agents of City, against any such fees, asse ssments, taxes , penalties or interest levied, assessed or imposed against City hereunder.
1.6 Familiarity with Work.
By executing this Agreement, Consultant warrants that Consultant (i) has thoroughly investigated and considered the scope of services to be pe rformed, (ii) has carefully considered how the services should be performed, and (iii) fully understands the facilities, difficulties and restrictions attending performance of the services under this Agreement. If the services involve work upon any site, Consultant warrants that Consultant has or will investigate the site and is or will be fully acquainted with the conditions there existing, prior to commencement of services hereunder. Should the Consultant discover any latent or unknown conditions, which w ill materially affect the performance of the services hereunder, Consultant shall immediately inform the City of such fact and shall not proceed except at Consultant’s risk until written instructions are received from the Contract Officer.
1.7 Care of Work.
The Consultant shall adopt reasonable methods during the life of the Agreement to furnish continuous protection to the work, and the equipment, materials, papers, documents, plans, studies and/or other components thereof to prevent losses or damages, and sha ll be responsible for all such damages, to persons or property, until acceptance of the work by City, except such losses or damages as may be caused by City’s own negligence.
1.8 Further Responsibilities of Parties.
Both parties agree to use reasonable care an d diligence to perform their respective obligations under this Agreement. Both parti es agree to act in good faith to execute all instruments, prepare all documents and take all actions as may be reasonably necessary to carry out the purposes of this Agreem ent. Unless hereafter specified, neither party shall be responsible for the service of the other.
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01135.0001/978168.1 5
1.9 Additional Services.
City shall have the right at any time during the performance of the services, without invalidating this Agreement, to order extra work be yond 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 u p 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 pursua nt to the Scope of Services may be more costly or time consuming than Consultant anticipates and that Consultant shall not be entitled to additional compensation therefor. City may in its sole and absolute discretion have similar work done by other Consultants. No claims for an increase in the Contract Sum or time for performance shall be valid unless the procedures established in this Section are followed.
1.10 Special Requirements.
Additional terms and conditions of this Agreement, if any, which are made a pa rt hereof are set forth in the “Special Requirements ” attached hereto as Exhibit “B” and incorporated herein by this reference. In the event of a conflict between the provisions of Exhibit “B” and any other provisions of this Agreement, the provisions of Exhibit “B” shall govern.
ARTICLE 2. COMPENSATION AND METHOD OF PAYMENT.
2.1 Contract Sum.
Subject to any limitations set forth in this Agreement, City agrees to pay Consultant the amounts specified in the “Schedule of Compensation ” attached hereto as Exhibit “C” and incorporated herein by this reference. The total compensation, including reimbursement f or actual expenses, shall not exceed $38,000 (Thirty-eight Thousand Dollars) (the “Contract Sum”), unless additional compensation is approved pursuant to Section 1.9.
2.2 Method of Compensation.
The method of compensation may include: (i) a lump sum payment upon completion ; (ii) payment in accordance with specified tasks or the percentage of completion of the services, less contract retention; (iii) payment for time and materi als based upon the Consultant’s rates as specified in the Schedule of Compensation, provided that (a) time estimates are provided for the performance of sub tasks , (b) contract retention is maintained, and (c) the Contract Sum is not exceeded; or (iv) such other methods as may be specified in the Schedule of Compensation.
2.3 Reimbursable Expenses.
Compensation may include reimbursement for actual and necessary expenditures for reproduction costs, telephone expenses, and travel expenses approved by the Contract Officer in advance, or actual subcontractor expenses of an approved subcontractor pursuant to Section 4.5, and only if specified in the Schedule of Compensation. The Contract Sum shall include the
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attendance of Consultant at all project meetings reasonab ly deemed necessary by the City.
Coordination of the performance of the work with City is a critical component of the services. If Consultant is required to attend additional meetings to facilitate such coordination, Consultant shall not be entitled to any additional compensation for attending said meetings.
2.4 Invoices.
Each month Consultant shall furnish to City an original invoice for all work performed and expenses incurred during the preceding month in a form approved by City ’s Director of Finance. By submitting an invoice for payment under this Agreement, Consultant is certifying compliance with all provisions of the Agreement. The invoice shall contain all information specified in Exhibit “C” , and shall detail charges for all necessary and actual expense s by the following categories: labor (by sub -category), travel, materials, equipment , supplies, and sub - contractor contracts. Sub-contractor charges shall also be detailed by such categories. Consultant shall not invoice City for any duplicate services performed by more than one person.
City shall independently review each invoice submitted by the Consultant to determine whether the work performed and expenses incurred are in compliance with the provisions of this Agreement. Except as to any charges for wo rk performed or expenses incurred by Consultant which are disputed by City, or as pr ovided in Section 7.3, City will use its best efforts to cause Consultant to be paid within forty -five (45) days of receipt of Consultant’s correct and undisputed invoice; however, Consultant acknowledges and agrees that due to City warrant run procedures, the City cannot guarantee that payment will occur within this time period . In the event any charges or expenses are disputed by City, the original invoice shall be returned by City to Consultant for correction and resubmission. Review and payment by City for any invoice provided by the Consultant shall not constitute a waiver of any rights or remedies provided herein or any applicable law.
2.5 Waiver.
Payment to Consultant for work performed pursuant to this Agreement shall not be deemed to waive any defects in work performed by Consultant.
ARTICLE 3. PERFORMANCE SCHEDULE
3.1 Time of Essence.
Time is of the essence in the performance of this Agreement.
3.2 Schedule of Performance.
Consultant shall commence the services pursuant to this Agreement upon receipt of a written notice to proceed and shall perform all services within the time period(s) established in the “Schedule of Performance ” attached hereto as Exhibit “D” and incorporated herein by t his reference. When requested by the Consultant, extensions to the time period(s) specified in the Schedule of Performance may be approved in writing by the Contract Officer but not exceeding one hundred eighty (180) days cumulatively.
3.3 Force Majeure.
The t ime period(s) specified in the Schedule of Performance for performance of the services rendered pursuant to this Agreement shall be extended because of any delays due to unforeseeable causes beyond the control and without the fault or negligence of the Consultant,
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including, but not restricted to, acts of God or of the public enemy, unusually severe weather, fires, earthquakes, floods, epidemics, quarantine restrictions, riots, strikes, freight embargoes, wars, litigation, and/or acts of any governmental ag ency, including the City, if the Consultant shall within ten (10) days of the commen cement of such delay notify the Contract Officer in writing of the causes of the delay. The Contract Officer shall ascertain the facts and the extent of delay, and extend the time for performing the services for the period of the enforced delay when and if in the judgment of the Contract Officer such delay is justified. The Contract Officer ’s determination shall be final and conclusive upon the parties to this Agreement. In no event shall Consultant be entitled to recover damages against the City for any de lay in the performance of this Agreement, however caused, Consultant’s sole remedy being extension of the Agreement pursuant to this Section.
3.4 Term.
Unless earlier terminated in accordance with Article 7 of this Agreement, this Agreement shall continue in full force and effect until completion of the services , but no later than August 31, 2025, except as otherwise provided in the Schedule of Performance (Exhibit “D”).
ARTICLE 4. COORDINATION OF WORK
4.1 Representatives and Personnel of Consultant.
The following principals of Consultant (“Principals”) are hereby designated as being the principals and representatives of Consultant authorized to act in its behalf with respect to the work specified herein and make all decisions in connection therewith:
Anthony Almeida
President
(Name) (Title)
(Name) (Title)
It is expressly understood that the experience, knowledge, capability and reputation of the foregoing principals were a substantial inducement for City to enter i nto this Agreement.
Therefore, the foregoing principals shall be responsible during the term of this Agreement for directing all activities of Consultant and devoting suffi cient time to personally supervise the services hereunder. All personnel of Consultant, and any authorized agents, shall at all times be under the exclusive direction and control of the Principals. For purposes of this Agreement, the foregoing Principals may not be replaced nor may their responsibilities be substantially reduced by Consultant without the express written approval of City. Additionally, Consultant shall utilize only competent personnel to perform services pursuant to this Agreement. Consultant shall make every reasonable effort to maintain the stability and continuity of Consultant’s staff and subcontractors, if any, assigned to perform the services required under this Agreement.
Consultant shall notify City of any changes in Consultant’s staf f and subcontractors, if any, assigned to perform the services required under this A greement, prior to and during any such performance.
Michael Almeida
Referee Supervisor
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4.2 Status of Consultant.
Consultant shall have no authority to bind City in any manner, or to incur any obligation, debt or liability of any kind on behalf of or against City, whether by contract or otherwise, unless such authority is expressly conferred under this Agreement or is otherwise expressly conferred in writing by City. Consultant shall not at any time or in any man ner represent that Consultant or any of Consultant’s officers, employees, or agents are in any manner officials, officers, employees or agents of City. Neither Consultant, nor any of Consultant’s officers, employees or agents, shall obtain any rights to re tirement, health care or any other benefits which may otherwise accrue to City ’s employees. Consultant expressly waives any claim Consultant may have to any such rights.
4.3 Contract Officer.
The Contract Officer shall be the City’s Community Services Director or such person as may be designated by the City Manager. It shall be the Consultant’s responsibility to assure that the Contract Officer is kept informed of the progress of the performance of the services and the Consultant shall refer any decisions which must be made by City to the Contract Officer.
Unless otherwise specified herein, any approval of City required hereunder shall mean the approval of the Contract Officer . The Contract Officer shall have authority, if specified in writing by the City Manager, to sign all documents on behalf of the City required hereunder to carry out the terms of this Agreement.
4.4 Independent Consultant.
Neither the City nor any of its employees shall have any control over the manner, mode or means by which Consultant, its ag ents or employees, perform the services required herein, except as otherwise set forth herein. City shall have no voice in the selection, discharge, supervision or control of Consultant’s employees, servants, representatives or agents, or in fixing their number, compensation or hours of service. Consultant shall perform all services requi red herein as an independent contractor of City and shall remain at all times as to City a wholly independent contractor with only such obligations as are consistent with t hat role. Consultant shall not at any time or in any manner represent that it or any of its agents or employees are agents or employees of City. City shall not in any way or for any purpose become or be deemed to be a partner of Consultant in its business or otherwise or a joint venturer or a member of any joint enterprise with Consultant.
4.5 Prohibition Against Subcontracting or Assignment.
The experience, knowledge, capability and reputation of Consultant, its principals and employees were a substantial indu cement 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 o r encumbered voluntarily or by operation of law, whether for the benefit of creditors or otherwise, without the prior written approval of City. Transfers restricted hereund er 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 suc h unapproved transfer, including any bankruptcy
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proceeding, this Agreement shall be void. No approved transfer shall release the Consultant or any surety of Consultant of any liability hereunder without the express consent of City.
ARTICLE 5. INSURANCE AND INDEMNIFICATION
5.1 Insurance Coverages.
Without limiting Consultant’s indemnification of City, and prior to commencement of any services under this Agreement, Consultant shall obtain, provide and maintain at its own expense during the term of this Agreement, policies o f insurance of the type and amounts described below and in a form satisfactory to City.
(a) General liability insurance . Consultant shall maintain commercial general liability insurance with coverage at least as broad as Insurance Services Office form CG 00 01, in an amount not less than $1,000,000 per occurrence, $2,000,000 general aggregate, for bodily injury, personal injury, and property damage. The policy must include contractual liability that has not been amended. Any endorsement restricting standar d ISO “insured contract” language will not be accepted.
(b) Automobile liability ins urance. Consultant shall maintain automobile insurance at least as broad as Insurance Services Office form CA 00 01 covering bodily injury and property damage for all activ ities of the Consultant arising out of or in connection with Services to be performed under this Agreement, including coverage for any owned, hired, non - owned or rented vehicles, in an amount not less than $1,000,000 combined single limit for each accident.
(c) Professional liability (errors & omissions) insurance . Consultant shall maintain professional liability insurance that covers the Services to be performed in connection with this Agreement, in the minimum amount of $1,000,000 per claim and in the agg regate. Any policy inception date, continuity date, or retroactive date must be before the effective date of this Agreement and Consultant agrees to maintain continuous coverage through a period no less than three (3) years after completion of the services required by this Agreement. (d) Workers’ compensation insurance . Consultant shall maintain Workers’ Compensation Insurance (Statutory Limits) and Employer’s Liability Insurance (with limits of at least $1,000,000).
(e) Subcontractors. Consultant shall i nclude all subcontractors as insureds under its policies or shall furnish separate certificates and certified endorsements for each subcontractor. All coverages for subcontractors shall include all of the requirements stated herein.
(f) Additional Insurance. Policies of such other insurance, as may be required in the Special Requirements in Exhibit “B”.
5.2 General Insurance Requirements.
(a) Proof of insurance . Consultant shall provide certificates of insurance to City as evidence of the insurance coverage re quired herein, along with a waiver of subrogation endorsement for workers’ compensation. Insurance certificates and endorsements must be approved by City’s Risk Manager prior to commencement of performance. Current certification of insurance shall be kept on file with City at all times during the term of this Agreement. City
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reserves the right to require complete, certified copies of all required insurance policies, at any time.
(b) Duration of coverage . Consultant shall procure and maintain for the duration of this Agreement insurance against claims for injuries to persons or damages to property, which may arise from or in connection with the performance of the Services hereunder by Consultant, its agents, representatives, employees or subconsultants. (c) Primary/noncontributing. Coverage provided by Consultant shall be primary and any insurance or self-insurance procured or maintained by City shall not be required to contribute with it. The limits of insurance required herein may be satisfied by a combina tion of primary and umbrella or excess insurance. Any umbrella or excess insurance shall contain or be endorsed to contain a provision that such coverage shall also apply on a primary and non - contributory basis for the benefit of City before the City’s own insurance or self-insurance shall be called upon to protect it as a named insured.
(d) City’s rights of enforcement. In the event any policy of insurance required under this Agreement does not comply with these specifications or is canceled and not replac ed, City has the right but not the duty to obtain the insurance it deems necessary and any premium paid by City will be promptly reimbursed by Consultant or City will withhold amounts sufficient to pay premium from Consultant payments. In the alternative, City may cancel this Agreement. (e) Acceptable insurers. All insurance policies shall be issued by an insurance company currently authorized by the Insurance Commissioner to transact business of insurance or that is on the List of Approved Surplus Line Ins urers in the State of California, with an assigned policyholders’ Rating of A- (or higher) and Financial Size Category Class VI (or larger) in accordance with the latest edition of Best’s Key Rating Guide, unless otherwise approved by the City’s Risk Manager.
(f) Waiver of subrogation . All insurance coverage maintained or procured pursuant to this agreement shall be endorsed to waive subrogation against City, its elected or appointed officers, agents, officials, employees and volunteers or shall specificall y allow Consultant or others providing insurance evidence in compliance with these specifications to waive their right of recovery prior to a loss. Consultant hereby waives its own right of recovery against City, and shall require similar written express waivers and insurance clauses from each of its subconsultants.
(g) Enforcement of con tract p rovisions (non -estoppel). Consultant acknowledges and agrees that any actual or alleged failure on the part of the City to inform Consultant of non -compliance with a ny requirement imposes no additional obligations on the City nor does it waive any rights hereunder.
(h) Requirements not limiting . Requirements of specific coverage features or limits contained in this section are not intended as a limitation on coverage, limits or other requirements, or a waiver of any coverage normally provided by any insurance. Specific reference to a given coverage feature is for purposes of clarification only as it pertains to a given issue and is not intended by any party or insured to be all inclusive, or to the exclusion of other coverage, or a waiver of any type. If the Consultant maintains higher limits than the minimums shown above, the City requires and shall be entitled to coverage for the higher limits maintained
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by the Consul tant. Any available insurance proceeds in excess of the specified minimum limits of insurance and coverage shall be available to the City. (i) Notice of cancellation . Consultant agrees to oblige its insurance agent or broker and insurers to provide to City with a thirty (30) day notice of cancellation (except for nonpayment for which a ten (10) day notice is required) or nonrenewal of coverage for each required coverage.
(j) Additional insured status . General liability policies shall provide or be endorsed to provide that City and its officers, officials, employees, and agents, and volunte ers shall be additional insureds under such policies. This provision shall also apply to any excess/umbrella liability policies.
(k) Prohibition of undisclosed coverage lim itations. None of the coverages required herein will be in compliance with these requirements if they include any limiting endorsement of any kind that has not been first submitted to City and approved of in writing. (l) Separation of insureds. A severability of interests provision must apply for all additional insureds ensuring that Consultant’s insurance shall apply separately to each insured against whom claim is made or suit is brought, except with respect to the insurer’s limits of liability. The policy(ies) shall not contain any cross-liability exclusions. (m) Pass through clause . Consultant agrees to ensure that its subconsultants, subcontractors, and any other party involved with the project who is brought onto or involved in the project by Consultan t, provide the same minimum insurance coverage and endorsements required of Consultant. Consultant agrees to monitor and review all such coverage and assumes all responsibility for ensuring that such coverage is provided in conformity with the requirements of this section. Consultant agrees that upon request, all agreements with consultants, subcontractors, and others engaged in the project will be submitted to City for review. (n) Agency’s right to revise specifications . The City reserves the right at any time during the term of the contract to change the amounts and types of insurance re quired by giving the Consultant ninety (90) days advance written notice of such change. If such change results in substantial additional cost to the Consultant, the City an d Consultant may renegotiate Consultant’s compensation.
(o) Self-insured retentions . Any self -insured retentions must be declared to and approved by City. City reserves the right to require that self-insured retentions be eliminated, lowered, or replaced by a deductible. Self-insurance will not be considered to comply with these specifications unless approved by City.
(p) Timely notice of claims . Consultant shall give City prompt and timely notice of claims made or suits instituted that arise out of or res ult from Consultant’s performance under this Agreement, and that involve or may involve coverage under any of the required liability policies.
(q) Additional insurance . Consultant shall also procure and maintain, at its own cost and expense, any additional kinds of insurance, which in its own judgment may be necessary for its proper protection and prosecution of the work.
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5.3 Indemnification.
To the full extent permitted by law, Consultant agrees to indemnify , defend and hold harmless the City, its officers, em ployees and agents ( “Indemnified Parties”) against, and will hold and save them and each of them harmless from, any and all actions, either judicial, administrative, arbitration or regulatory claims, damages to persons or property, losses, costs, penalties, obligations, errors, omissions or liabilities whether actual or threatened (herein “claims or liabilities”) that may be asserted or claimed by any person, firm or entity arising out of or in connection with the negligent performance of the work, operatio ns or activities provided herein of Consultant, its officers, employees, agents, subcontractors, or invitees, or any individual or entity for which Consultant is legally liable (“indemnitors”), or arising from Consultant’s or indemnitors’ reckless or willf ul misconduct, or arising from Consultant’s or indemnitors’ negligent performance of or failure to perform any term, provision, covenant or condition of this Agreement, and in connection therewith:
(a) Consultant will defend any action or actions filed in connection with any of said claims or liabilities and will pay all costs and expenses, including legal costs and attorneys’ fees incurred in connection therewith;
(b) Consultant will promptly pay any judgment rendered against the City, its officers, agents or employees for any such claims or liabilities arising out of or in connection with the negligent performance of or failure to perform such work, operations or activities of Consultant hereunder; and Consultant agrees to save and hold the City, its officers, agents, and employees harmless therefrom;
(c) In the event the City, its officers, agents or employees is made a party to any action or proceeding filed or prosecuted against Consultant for such damages or other claims arising out of or in connection with the negligent performance of or failure to perform the work, operation or activities of Consultant hereunder, Consultant agrees to pay to the City, its officers, agents or employees, any and all costs and expenses incurred by the City, its officers, agents or employees in such action or proceeding, including but not limited to, legal costs and attorneys’ fees.
Consultant shall incorporate similar indemnity agreements with its subcontra ctors and if it fails to do so Consultant shall be fully responsible to indemnif y City hereunder therefore, and failure of City to monitor compliance with these pro visions shall not be a waiver hereof. This indemnification includes claims or liabilities arising from any negligent or wrongful act, error or omission, or reckless or will ful misconduct of Consultant in the performance of professional services hereunder. The provisions of this Section do not apply to claims or liabilities occurring as a result of City ’s sole negligence or willful acts or omissions, but, to the fullest exten t permitted by law, shall apply to claims and liabilities resulting in part from Cit y’s negligence, except that design professionals ’ indemnity hereunder shall be limited to claims and liabilities arising out of the negligence, recklessness or willful misc onduct of the design professional . The indemnity obligation shall be binding on successors and assigns of Consultant and shall survive termination of this Agreement.
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ARTICLE 6. RECORDS, REPORTS, AND RELEASE OF INFORMATION
6.1 Records.
Consultant shall keep, and require subcontractors to keep, such ledgers , books of accounts, invoices, vouchers, canceled checks, reports, studies or other documents relating to the disbursements charged to City and services performed hereunder (the “books and records ”), as shall be necessar y to perform the services required by this Agreement and enable the Contract Officer to evaluate the performance of such services. Any and all such documents shall be maintained in accordance with generally accepted accounting principles and shall be compl ete and detailed. The Contract Officer shall have full and free access to such books and records at all times during normal business hours of City, including the right to inspect, copy, audit and make records and transcripts from such records. Such records shall be maintained for a period of three (3) years following completion of the services hereunder, and the City shall have access to such records in the event any audit is required. In the event of dissolution of Consultant’s business, custody of the boo ks and records may be given to City, and access shall be provided by Consultant’s su ccessor in interest. Notwithstanding the above, the Consultant shall fully cooperate with the City in providing access to the books and records if a public records request is made and disclosure is required by law including but not limited to the California Public Records Act.
6.2 Reports.
Consultant shall periodically prepare and submit to the Contract Officer such reports concerning the performance of the services required by this Agreement as the Contract Officer shall require. Consultant hereby acknowledges that the City is greatly concerned about the cost of work and services to be performed pursuant to this Agreement. For this reason, Consultant agrees that if Consultant becomes aware of any facts, circumstances, techniques, or events that may or will materially increase or decrease the cost of the work or services contemplated herein or, if Consultant is providing design services, the cost of the project being designed, Consultant shall promptly notify the Contract Officer of said fact, circumstance, tech nique or event and the estimated increased or decreased cost related thereto and, if Consultant is providing design services, the estimated increased or decreased cost estimate for the project being designed.
6.3 Ownership of Documents.
All drawings, specifications, maps, designs, photographs, studies, surveys, data, notes, computer files, reports, records, documents and other materials (the “documents and materials”) prepared b y Consultant, its employees, subcontractors and agents in the performance of this Agreement shall be the property of City and shall be delivered to City upon request of the Contract Officer or upon the termination of this Agreement, and Consultant shall have no claim for further employment or additional compensation as a result of the exercise by City of its full rights of ownership use, reuse, or assignment of the documents and materials hereunder. Any use, reuse or assignment of such completed documents f or other projects and/or use of uncompleted documents without specific written autho rization by the Consultant will be at the City’s sole risk and without liability to Consultant, and Consultant’s guarantee and warranties shall not extend to such use, re use or assignment . Consultant may retain copies of such documents for its own use. Consultant shall have the right to use the concepts embodied therein.
All subcontractors shall provide for assignment to City of any documents or materials prepared
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by them, and in the event Consultant fails to secure such assignment, Consultant shall indemnify City for all damages resulting therefrom. Moreover, Consultant with respect to any documents and materials that may qualify as “works made for hire ” as defined in 17 U.S .C. § 101, such documents and materials are hereby deemed “works made for hire” for the City.
6.4 Confidentiality and Release of Information.
(a) All information gained or work product produced by Consultant in performance of this Agreement shall be considered confidential, unless such information is in the public domain or already known to Consultant. Consultant shall not release or disclose any such information or work product to persons or entities other than City without prior written authorization from the Contract Officer.
(b) Consultant, its officers, employees, agents or subcontractors, shall not, without prior written authorization from the Contract Officer or unless requested by the City Attorney, voluntarily provide documents, declarations, letters of support, testimony at depositions, response to interrogatories or other informati on concerning the work performed under this Agreement. Response to a subpoena or court order shall not be considered “voluntary” provided Consultant gives City notice of such court order or subpoena. (c) If Consultant, or any officer, employee, agent or subcontractor of Consultant, provides any information or work product in violation of this Agreement, then City shall have the right to reimbursement and indemnity from Consultant for any damages, costs and fees, including attorney’s fees, caused by or incurred as a result of Consultant’s conduct. (d) Consultant shall promptly notify City should Consultant, its officers, employees, agents or subcontractors be served with any summons, complaint, subpoena, notice of deposition, request for documents, interrogatories, request for admiss ions or other discovery request, court order or subpoena from any party regarding this Agreement and the work performed there under. City retains the right, but has no obligation, to represent Consultant or be present at any depo sition, hearing or similar proceeding. Consultant agrees to cooperate fully with City and to provide City with the opportunity to review any response to discovery requests provided by Consultant. However, this right to review any such response does not imply or mean the right by City to control, direct, or rewrite said response.
ARTICLE 7. ENFORCEMENT OF AGREEMENT AND TERMINATION
7.1 California Law.
This Agreement shall be interpreted, co nstrued and governed both as to validity and to performance of the parties in accord ance with the laws of the State of California. Legal actions concerning any dispute, claim or matter arising out of or in relation to this Agreement shall be instituted in the Superior Court of the County of Los Angeles, State of California, or any other appropriate court in such county, and Consultant covenants and agrees to submit to the personal jurisdiction of such court in the event of such action. In the event of litig ation in a U.S. District Court, venue shall lie exclusively in the Central District of California, in the County of Los Angeles, State of California.
7.2 Disputes; Default.
In the event that Consultant is in default under the terms of this Agreement, the City shall not have any obligation or duty to continue compensating Consultant for any work performed
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after the date of default. Instead, the City may give notice to Consultant of the default and the reasons for the default. The notice shall include the timefra me in which Consultant may cure the default. This timeframe is presumptively thirty (30) days, but may be extended, though not reduced, if circumstances warrant. During the period of time that Consultant is in default, the City shall hold all invoices and shall, when the default is cured, proceed with payment on the invoices. In the alternative, the City may, in its sole discretion, elect to pay some or all of the outstanding invoices during the period of default. If Consultant does not cure the default, th e City may take necessary steps to terminate this Agreement under this Article. Any failure on the part of the City to give notice of the Consultant’s default shall not be deemed to result in a waiver of the City’s legal rights or any rights arising out of any provision of this Agreement.
7.3 Retention of Funds.
Consultant hereby authorizes City to deduct from any amount payable to Consultant (whether or not arising out of this Agreement) (i) any amounts the payment of which may be in dispute hereunder or which are necessary to compensate City for any losses, costs, liabilities, or damages suffered by City, and (ii) all amounts for which City may be liable to third parties, by reason of Consultant’s acts or omissions in performing or failing to perform Consultant’s obligation under this Agreement. In the event that any claim is made by a third party, the amount or validity of which is disputed by Consultant, or any indebtedness shall exist which shall appear to be the basis for a claim of lien, City may withhold from any payment due, without liability for interest because of such withholding, an amount sufficient to cover such claim. The failure of City to exercise such right to deduct or to withhold shall not, however, affect the obligations of the Consultant to insure, indemnify, and protect City as elsewhere provided herein.
7.4 Waiver.
Waiver by any party to this Agreement of any term, condition, or covenant of this Agreement shall not constitute a waiver of any other term, condition, or covenant. Waiver by any party of any breach of the provisions of this Agreement shall not constitute a waiver o f any other provision or a waiver of any subsequent breach or violation of any provision of this Agreement.
Acceptance by City of any work or services by Consultant shall not constitute a waiver of any of the provisions of this Agreement. No delay or omission in the exercise of any right or remedy by a non -defaulting party on any default shall impair such right or remedy or be construed as a waiver. Any waiver by either party of any default must be in writing and shall not be a waiver of any other default concerning the same or any other provision of this Agreement.
7.5 Rights and Remedies are Cumulative.
Except with respect to rights and remedies expressly declared to be exclus ive in this Agreement, the rights and remedies of the parties are cumulative and the exercise by either party of one or more of such rights or remedies shall not preclude the exercise by it, at the same or different times, of any other rights or remedies f or the same default or any other default by the other party.
7.6 Legal Action.
In addition to any other rights or remedies, either party may take legal action, in law or in equity, to cure, correct or remedy any default, to recover damages for any default, to compel specific performance of this Agreement, to obtain declaratory or injunctive relief, or to obtain
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any other remedy consistent with the purposes of this Agreement. Notwithstanding any contrary provision herein, Consultant shall file a statutory claim pursuant to Government Code Sections 905 et seq. and 910 et seq., in order to pursue a legal action under this Agreement.
7.7 Termination Prior to Expiration of Term.
This Section shall govern any termination of this Contract except as specifically provided in the following Section for termination for cause. The City reserves the right to terminate this Contract at any time, with or without cause, upon thirty (30) days ’ written notice to Consultant, except that where termination is due to the fault of the Consultant, the period of notice may be such shorter time as may be determined by the Contract Officer . In addition, the Consultant reserves the right to terminate this Contract at any time, with or without cause, upon sixty (60) days’ written notice to City, except that where termination is due to the fault of the City, the period of notice may be such shorter time as the Consultant may determine. Upon receipt of any notice of termination, Consultant shall immediately cease all services hereunder except such a s may be specifically approved by the Contract Officer. Except where the Consultant has initiated termination, the Consultant shall be entitled to compensation for all services rendered prior to the effective date of the notice of termination and for any services authorized by the Contract Officer thereafter in accordance with the Schedule of Compensation or such as may be approved by the Contract Officer , except as provided in Section 7.3. In the event the Consultant has initiated termination, the Consultant shall be entitled to compensation only for the reasonable value of the work product actually produced hereunder. In the event of termination without cause pursuant to this Section, the terminating party need not provide the non -terminating party with th e opportunity to cure pursuant to Section 7.2.
7.8 Termination for Default of Consultant.
If termination is due to the failure of the Consultant to fulfill its obligations under this Agreement, City may, after compliance with the provisions of Section 7.2, take over the work and prosecute the same to completion by contract or otherwise, and t he Consultant shall be liable to the extent that the total cost for completion of the services required hereunder exceeds the compensation herein stipulated (provided that the City shall use reasonable efforts to mitigate such damages), and City may withhold any payments to the Consultant for the purpose of set-off or partial payment of the amounts owed the City as previously stated.
7.9 Attorneys’ Fees.
If either party to this Agreement is required to initiate or defend or made a party to any action or proceed ing in any way connected with this Agreement, the prevailing party in such action or proceeding, in addition to any other relief which may be granted, whether legal or equitable, shall be entitled to reasonable attorney ’s fees. Attorney’s fees shall include attorney ’s fees on any appeal, and in addition a party entitled to attorney ’s fees shall be entitled to all other reasonable costs for investigating such action, taking d epositions and discovery and all other necessary costs the court allows which are in curred in such litigation. All such fees shall be deemed to have accrued on commencement of such action and shall be enforceable whether or not such action is prosecuted to judgment.
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ARTICLE 8. CITY OFFICERS AND EMPLOYEES: NON-DISCRIMINATION
8.1 Non-liability of City Officers and Employees.
No officer or employee of the City shall be personally liable to the Consultant, or any successor in interest, in the event of any default or breach by the City or for any amount which may become due to the Consultant or to its success or, or for breach of any obligation of the terms of this Agreement.
8.2 Conflict of Interest.
Consultant covenants that neither it, nor any officer or principal of its firm, ha s or shall acquire any interest, directly or indirectly, which would conflict in any manner with the interests of City or which would in any way hinder Consultant’s performance of services under this Agreement. Consultant further covenants that in the perf ormance of this Agreement, no person having any such interest shall be employed by i t as an officer, employee, agent or sub contractor without the express written consent of the Contract Officer . Consultant agrees to at all times avoid conflicts of interest or the appearance of any conflicts of interest with the interests of City in the performance of this Agreement.
No officer or employee of the City shall have any financial interest, direct or indirect, in this Agreement nor shall any such officer or empl oyee participate in any decision r elating to the Agreement which a ffects her/his fin ancial interest or the financial interest of any corporation, partnership or association in which (s)he is, directly or indirectly, interested, in violation of any State statute or regulation. The Consultant warrants that it has not paid or given and will not pay or give any third party any money or other consideration for obtaining this Agreement.
8.3 Covenant Against Discrimination.
Consultant covenants that, by and for itself , its heirs, executors, assigns, and all persons claiming under or through them, tha t there shall be no discrimination against or segregation of, any person or group of persons on account of race, color, creed, religion, sex, gender, sexual orientation, marital status, national origin, ancestry or other protected class in the performance of this Agreement. Consultant shall take affirmative action to insure that applicants are employed and that employees are treated during employment without regard to their race, color, creed, religion, sex, gender, sexual orientation, marital status, natio nal origin, ancestry or other protected class.
8.4 Unauthorized Aliens.
Consultant hereby promises and agrees to comply with all of the provisions of the Federal Immigration and Nationality Act, 8 U.S.C. § 1101 et seq. , as amended, and in connection therewith, shall not employ unauthorized aliens as defined therein. Should Consultant so employ such unauthorized aliens for the performance of work and/or services covered by this Agreement, and should any liability or sanctions be imposed against City for such use of unauthorized aliens, Consultant hereby agrees to and shall reimburse City for the cost of all such liabilities or sanctions imposed, together with any and all costs, in cluding attorneys ’ fees, incurred by City.
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ARTICLE 9. MISCELLANEOUS PROVISIONS
9.1 Notices.
Any notice, demand, request, document, consent, approval, or communication either party desires or is required to give to the other party or any other person shall be in writing a nd either served personally or sent by prepaid, first -class mail, in the case of the City, to the City Manager and to the attention of the Contract Officer (with her/his name and City title), City of Bell, 6330 Pine Avenue, Bell, California 90201 and in th e case of the Consultant, to the person(s) at the address designated on the execution page of this Agreement. Either party may change its address by notifying the other party of the change of address in writing. Notice shall be deemed communicated at the t ime personally delivered or in seventy -two (72) hours from the time of mailing if mailed as provided in this Section.
9.2 Interpretation.
The terms of this Agreement shall be construed in accordance with the meaning of the language used and shall not be const rued for or against either party by reason of the authorship of this Agreement or any other rule of construction which might otherwise apply.
9.3 Counterparts.
This Agreement may be executed in counterparts, each of which shall be deemed to be an original, and such counterparts shall constitute one and the same instrument.
9.4 Integration; Amendment.
This Agreement including the attachments hereto is the entire, complete and exclusive expression of the understanding of the parties. It is understood that there ar e no oral agreements between the parties hereto affecting this Agreement and this Agreement supersedes and cancels any and all previous negotiations, arrangements, agreements and understandings, if any, between the parties, and none shall be used to interpret this Agreement. No amendment to or modification of this Agreement shall be valid unless made in writing and approved by the Consultant and by the City Council. The parties agree that this requirement for written modifications cannot be waived and that any attempted waiver shall be void.
9.5 Severability.
In the event that any one or more of the phrases, sentences, clauses, paragraphs, or sections contained in this Agreement shall be declared invalid or unenforceable by a valid judgment or decree of a court of competent jurisdiction, such invalidity or unenforceability shall not affect any of the remaining phrases, sentences, clauses, paragraphs, or sections of this Agreement which are hereby declared as severable and shall be interpreted to carry out the int ent of the parties hereunder unless the invalid provision is so material that its invalidity deprives either party of the basic benefit of their bargain or renders this Agreement meaningless.
9.6 Warranty & Representation of Non-Collusion.
No official, officer , or employee of City has any financial interest, direct or indirect, in this Agreement, nor shall any official, officer, or employee of City participate in any decision relating to this Agreement which may affect his/her financial interest or the financia l interest of any corporation, partnership, or association in which (s)he is directly or indirectly interested, or in violation of any corporation, partnership, or association in which (s)he is directly or indirectly
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interested, or in violation of any Stat e or municipal statute or regulation. The determination of “financial interest” shall be consistent with State law and shall not include interests found to be “remote” or “noninterests” pursuant to Government Code Sections 1091 or 1091.5 . Consultant warrants and represents that it has not paid or given, and will not pay or give, to any third party including, but not limited to, any City official, officer, or employee, any money, consideration, or other thing of value as a result or consequence of obtaining or being awarded any agreement.
Consultant further warrants and represents that (s)h e/it has not engaged in any act(s), omission(s), or other conduct or collusion that would result in the payment of any money, consideration, or other thing of value to any third party including, but not limited to, any City official, officer, or employee, as a result of consequence of obtaining or being awarded any agreement. Consultant is aware of and understands that any such act(s), omission(s) or other conduct resulting in such payment of money, consideration, or other thing of value will render this Agreement void and of no force or effect.
Consultant’s Authorized Initials _______
9.7 Corporate Authority.
The persons executing this Agreement on behalf of the parties hereto warrant that (i) such party is duly organized and existing, (ii) they are duly authorized to execute and deliver this Agreement on behalf of said party, (iii) by so executing this Agreement, such party is formally bound to the provisions of this Agreement, and (iv) th at entering into this Agreement does not violate any provision of any other Agreement to which said party is bound. This Agreement shall be binding upon the heirs, executors, administrators, successors and assigns of the parties. [SIGNATURES ON FOLLOWING PAGE]
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IN WITNESS WHEREOF , the parties hereto have executed this Agreement on the date and year first-above written.
CITY:
CITY OF BELL, a charter city
ATTEST:
Angela Bustamante, City Clerk
APPROVED AS TO FORM:
ALESHIRE & WYNDER, LLP
David J. Aleshire, City Attorney
, Mayor
CONSULTANT:
AULA ATHLETIC CLUB
By:
Name: Michael Almeida
Title: President
By:
Name: Anthony Almeida
Title: Referee Supervisor
Address: 10017 Long Beach Blvd.
Lynwood, CA 90262
Two corporate officer signatures required when Consultant is a corporation, with one signature required from each of the following groups: 1) Chairman of the Board, President or any Vice President; and 2) Secretary, any Assistant Secretary, Chief Financial Officer or any Assistant Treasurer. CONSULTANT’S
SIGNATURES SHALL BE DULY NOTARIZED, AND APPROPRIATE ATTESTATIONS SHALL BE
INCLUDED AS MAY BE REQUIRED BY THE BYLAWS, ARTICLES OF INCORPORATION, OR OTHER RULES OR REGULATIONS APPLICABLE TO CONSULTANT’S BUSINESS ENTITY.
01135.0001/978168.1
CALIFORNIA ALL-PURPOSE ACKNOWLEDGMENT
STATE OF CALIFORNIA
COUNTY OF LOS ANGELES
On __________, 2024 before me, ________________, personally appeared ________________, proved to me on the basis of satisfactory evidence to be the person(s) whose names(s) is/are subscribed to the within instrument and acknowledged to me that he/she/they executed the same in his/her/their authorized capacity(ies), and that by his/her/their signature(s) on the instrument the person(s), or the entity upon behalf of which the person(s) acted, executed the instrument.
I certify under PENALTY OF PERJURY under the laws of the State of California that the foregoing paragraph is true and correct.
WITNESS my hand and official seal.
Signature: ___________________________________
__
OPTIONAL
Though the data below is not required by law, it may prove valuable to persons relying on the document and could prevent fraudulent reattachment of this form
CAPACITY CLAIMED BY SIGNER DESCRIPTION OF ATTACHED DOCUMENT
INDIVIDUAL
CORPORATE OFFICER
_______________________________
TITLE(S)
PARTNER(S) LIMITED
GENERAL
ATTORNEY-IN-FACT
TRUSTEE(S)
GUARDIAN/CONSERVATOR
OTHER_______________________________
______________________________________
SIGNER IS REPRESENTING:
(NAME OF PERSON(S) OR ENTITY(IES))
_____________________________________________
_____________________________________________
___________________________________
TITLE OR TYPE OF DOCUMENT
___________________________________
NUMBER OF PAGES
___________________________________
DATE OF DOCUMENT
___________________________________
SIGNER(S) OTHER THAN NAMED ABOVE
A notary public or other officer completing this certificate verifies only the identity of the individual who signed the document to which this certificate is attached, and not the truthfulness, acc uracy or validity of that document.
01135.0001/978168.1
CALIFORNIA ALL-PURPOSE ACKNOWLEDGMENT
STATE OF CALIFORNIA
COUNTY OF LOS ANGELES
On __________, 2024 before me, ________________, personally appeared ________________, proved to me on the basis of satisfactory evidence to be the person(s) whose names(s) is/are subscribed to the within instrument and acknowledged to me that he/she/they executed the same in his/her/their authorized capacity(ies), and that by his/her/their signature(s) on the instrument the person(s), or the entity upon behalf of which the person(s) acted, executed the instrument.
I certify under PENALTY OF PERJURY under the laws of the State of California that the foregoing paragraph is true and correct.
WITNESS my hand and official seal.
Signature: _____________________________________
OPTIONAL
Though the data below is not required by law, it may prove valuable to persons relying on the document and could prevent fraudulent reattachment of this form.
CAPACITY CLAIMED BY SIGNER DESCRIPTION OF ATTACHED DOCUMENT
INDIVIDUAL
CORPORATE OFFICER
_______________________________
TITLE(S)
PARTNER(S) LIMITED
GENERAL
ATTORNEY-IN-FACT
TRUSTEE(S)
GUARDIAN/CONSERVATOR
OTHER_______________________________
______________________________________
SIGNER IS REPRESENTING:
(NAME OF PERSON(S) OR ENTITY(IES))
_____________________________________________
_____________________________________________
___________________________________
TITLE OR TYPE OF DOCUMENT
___________________________________
NUMBER OF PAGES
___________________________________
DATE OF DOCUMENT
___________________________________
SIGNER(S) OTHER THAN NAMED ABOVE
A notary public or other officer completing this certificate verifies only the identity of the individual who signed the document to which this certificate is attached, and not the truthfulness, accuracy or validity of that document.
01135.0001/978168.1 A-1
EXHIBIT “A”
SCOPE OF SERVICES
I. Consultant will perform the following soccer and futsal referee Services:
A. TASK 1 – 2024 Youth Soccer Regular Season: Consultant shall provide referee services for all 20 24 Youth Soccer Regular Season games . Consultant shall provide one (1) referee per game.
B. TASK 2 – 2024 Youth Soccer Play -Offs: Consultant shall provide referee services for all 20 24 Youth Soccer Play -Off g ames. Consultant shall provide a total of three (3) referees per game , one (1) head referee and two (2) a ssistant referees.
C. TASK 3 – 2025 Regular Season Youth Soccer Games: Consultant shall provide referee service s for all 202 3 Youth Soccer Regular Season g ames. Consultant shall provide one (1) referee per game.
D. TASK 4 – 2025 Youth Soccer Play -Offs: Consultant shall provide referee services for all 202 3 Youth Soccer Play -Off g ames. Consultant shall provide a total of three (3) referees per game , one (1) head referee and two (2) assistant referees.
II. Tasks in Section I, of this Exhibit A, are subject to the following specifications:
Certification:
A. Referees must be certified by a soccer association (proof must be submitted before each season)
B. Referees must have proof of a completed background check within the past 2 years from the first game of each season (proof must be submitted before each season)
C. Bid winner must have liability insurance. The City of Bell must be included on the certificate (proof must be submitted before each season) Main Officials:
A. Three (3) mandatory meetings will be held with the h ead of the referees and the Recreation Coordinator on the following occasions, 1) before the season, 2) in the middle of the season and 3) before the playoffs (youth soccer) B. Referees must be familiar with the City of Bell Youth Soccer; copies of the manual will be given to the head of the referees if the organization wins the bid C. City must have the option to request rotating the referees from one division to another as we see fit. Including the option to request rotating referees from one field to another.
Officiating:
A. Ability to speak Spanish is highly desirable (Bilingual English/Spanish)
01135.0001/978168.1 A-2
B. Ability to perform physical activities (e.g mobility and running) C. Referees must refrain from the use of drugs, tobacco and alcohol at all youth sports functions.
D. Referees must bring at least 4 differ ent colored jerseys to games, so they do not blend in with the players.
E. Referees must be on the field 15 minutes before the scheduled game time F. Companies will be allowed a maximum of 5 tardiness’s per season for youth soccer.
i. If city staff must initiate a game due to a referee being tardy, the company may be subject to receive only partial pay for that game. (City is willing to negotiate this penalty credit fee with the chosen vendor) G. Referees can end a game if the spectators/coaches behave in a man ner that displays unsportsmanlike behavior; should the following steps be taken. ii. Spectators/coaches have received a warning.
iii. Referee has communicated with staff regarding the behavior and removal of an individual/group.
iii. Individual/group refusal to comply with removal.
H. Referees can end a game if he/she determines the safety of any individual is compromised.
I. Referees must complete a score sheet at the end of every game in legible handwriting and must include detailed information when a player/coac h/spectator is ejected; the score sheet must then be handed to a staff member at the end of the game.
J. Referees must check that all players are wearing a city issued uniform (jersey, shorts and socks), shin guards and have a credential before each game begins.
K. Referees must als o check that coaches are wearing a city issued jersey and credential.
League Format:
A. The youth soccer season will consist of 12 regular season game weeks. Once the regular season is finished, the playoffs will follow.
B. The youth soccer season will begin in early May and conclude by September.
C. Each game will be 40 minutes in length (20 -minute halves) with a 5 -minute halftime break.
D. Playoff games will require 2 assistant referees and a main referee.
E. Youth Soccer games will be played on synthetic turf.
01135.0001/978168.1 A-3
Game Rules:
A. Additional time
i. Must be given for each game if there is an injury, water break or any other stoppage time.
ii. Must be given if there are any referee and/or staff delays. iii. Will not be given if there are any coaching/team delays. iv. If a game is canceled due to an unlikely event or bad weather conditions, a makeup game will need to be refereed.
B. 1 Minute water breaks must be given in excessive heat (at minute 10 and 30) C. In the case of a forfeit, an exhibition game will be played with the players present, and it will need to be refereed.
D. If a playoff game ends in a tie a penalty kick shootout will follow.
E. Games will be played as early as 5:30 pm and conclude as late as 9:30 pm during the week.
F. On the weekend’s games will be played as early as 8:30 am and conclude by 2:30 pm.
III. All work product is subject to review and acceptance by the City, and must be revised by the Consultant without additional charge to the City until foun d satisfactory and accepted by City.
IV. Consultant will utilize the following personnel to accomplish the Services:
01135.0001/978168.1 A-4
V. Consultant shall provide the Services at the following three locations:
A. Ernest Debs Park: 3700 Gage Avenue, Bell, CA 90201, on a crumb synthetic turf field measuring 256’ x 128’ 8”.
B. Nueva Vista Elementary School: 4412 R andolph St., Bell, CA 90201, on a crumb synthetic turf fields measuring 227’ x 139’5” and 223’ 6” x 141’ 10”.
01135.0001/978168.1 B-1
EXHIBIT “B”
SPECIAL REQUIREMENTS
(Superseding Contract Boilerplate)
I. Section 2.4, Invoice:
2.4 Invoices.
Each month Consultant shall furnish to City an original invoice for all work performed and expenses incurred during the preceding weeks by the second and fourth Monday of each month by noon, in a form approved by City’s Director of Finance. By submitting an invoice for payment under this Agreement, Consultant is certifying compliance with all provisions of the Agreement. The invoice shall contain all information specified in Exhibit “C”, and shall detail charges for all necessary and actual expenses by the following categories: labor (by sub-category), travel, materials, equipment, supplies, and sub-contractor contracts. Sub-contractor charges shall also be detailed by such categories.
Consultant shall not invoice City for any duplicate services performed by more than one person.
City shall independently review each invoice submitted by the Consultant to determine whether the work performed and expenses incurred are in compliance with the provisions of this Agreement. Except as to any charges for work performed or expenses incurred by Consultant which are disputed by City, or as provided in Section 7.3, City will use its best efforts to cause Consultant to be paid within four to six weeks of receipt of Consultant’s correct and undisputed invoice; however, Consultant acknowledges and agrees that due to City warrant run procedures, the City cannot guarantee that payment will occur within this time period. In the event any charges or expenses are disputed by City, the original invoice shall be returned by City to Consultant for correction and resubmission. Review and payment by City for any invoice provided by the Consultant shall not constitute a waiver of any rights or remedies provided herein or any applicable law.”
01135.0001/978168.1 C-1
EXHIBIT “C”
SCHEDULE OF COMPENSATION
I. Consultant shall perform the following Services at the following rates:
Task Quantity Unit Price Sub-Budget
Task 1: 2024 Youth Soccer
Regular Season
300 games $45.00 $13,500.00
Task 2: 2024 Youth Soccer
Play-Offs
50 games $110.00 $5,500.00
Task 3: 2025 Youth Soccer
Regular Season
300 games $45.00 $13,500.00
Task 4: 2025 Youth Soccer
Pay-Offs
50 games $110.00 $5,500.00
Total $38,000.00
II. Within the budgeted amounts for each Task, and with the approval of t he Contract Officer, funds m ay be shifted from one Task subbudget to another so long as the Contract Sum is not exceeded per Section 2.1, unless Additional Services are approved per Section 1.9.
III. The City will compensate Consultant for the Services performed upon submission of a valid invoice. Each invoice is to include:
A. Line items for all Services performed including, date of games, quantity of games refereed, and amount of referees used.
IV. The total compensation for the Services shall not excee d, Thirty-Eight Thousand Dollars ($38,000.00), the Contract Sum as provided in Section 2.1 of this Agreement.
01135.0001/978168.1 D-1
EXHIBIT “D”
SCHEDULE OF PERFORMANCE
I. Consultant shall perform all services timely in accordance with the following schedule:
A. TASK 1: The 2024 Youth Soccer Regular Season games shall be from May 7, 2024 through July 27, 2024. The 2024 Youth Soccer Regular Season games shall be approximately twelve (12) weeks long with approximately twenty-three (21) games per week. More games per week may be played due to make-up games, at no additional cost to the City. The Contract Officer shall provide Consultant with a schedule of the games, and Consultant shall comply with the schedule. The schedule is subject to change upon written notice from the Contract Officer, in his or her sole discretion.
B. TASK 2: The 2024 Youth Soccer Play-Off games shall be from August 3, 2024 through August 20, 2024. The 2024 Youth Soccer Play-Off games shall be approximately three (3) weeks long with approximately thirty-seven (35) games to be played throughout playoffs. More games per week may be played due to make-up games, at no additional cost to the City. The Contract Officer shall provide Consultant with a schedule of the games, and Consultant shall comply with the schedule. The schedule is subject to change upon written notice from the Contract Officer, in his or her sole discretion.
C. TASK 3: The 2025 Youth Soccer Regular Season games shall be from May 6, 2025 through July 26, 2025. The 2025 Youth Soccer Regular Season games shall be approximately twelve (12) weeks long with approximately twenty-three (21) games per week. More games per week may be played due to make-up games, at no additional cost to the City. The Contract Officer shall provide Consultant with a schedule of the games, and Consultant shall comply with the schedule. The schedule is subject to change upon written notice from the Contract Officer, in his or her sole discretion.
D. TASK 4: The 2025 Youth Soccer Play-Off games shall be from August 2, 2025 through August 23, 2025. The 2025 Youth Soccer Play-Off games shall be approximately three (3) weeks long with approximately thirty-seven (35) games to be played throughout playoffs. More games per week may be played due to make-up games, at no additional cost to the City. The Contract Officer shall provide Consultant with a schedule of the games, and Consultant shall comply with the schedule. The schedule is subject to change upon written notice from the Contract Officer, in his or her sole discretion.
01135.0001/978168.1 D-2
II. The Contract Officer may approve extensions for performance of the services in accordance with Section 3.2.
III. This Agreement shall continue in full force and effect until the end of the 2025 Youth Soccer Season, August 31, 2025.
Bidding Sheet
In the blanks provided, fill in the prices at which you propose for the services and include all applicable sales and use taxes imposed pursuant to the laws of the State of California.
Bidders are advised that they must include a proportional amount of overhead, profit, delivery charges, etc., within the bid prices.
Bidder agrees to perform all the work described in the Contract Documents for the following unit prices or lump sums:
BID PROPOSAL
TODAY'S DATE:
SUBMIT BID TO: City of Bell (Via Planet Bids)
ADDRESS: 6330 Pine Avenue
CITY/ZIP: Bell, CA 90201
ATTN: COMMUNITY SERVICES DEPARTMENT
PHONE#: (323) 773-1596
JOB NAME: 2024 - 2025 Youth Soccer Referee Services
ADDRESS: 6250 Pine Ave
CITY: Bell, CA 902
NOTE: Please use this form to submit your bid and any exclusions (if any) other notes.
You are welcome to attach any company literature or other information. In complete compliance and accord with the attached specifications, we hereby submit our pricing as follows to complete said project. Our pricing includes all labor, supervision, materials, taxes, freight, equipment, rentals, subcontractor charges, licenses, permits, dump fees, support, insurance premiums, and any other related charges required to complete the service required. All state and local codes and regulations are to be complied with in their entirety.
8 ATTACHMENT 2
We do hereby acknowledge we have reviewed the specifications, and accept all conditions of same, including this Bid Form and propose to complete this project under these conditions for the Lump Sum price and/or unit price of:
"2024 & 2025 SOCCER REFEREE SERVICES"
Due Date: Monday, March 11 by 4:00 PM
BASE BID PRICE $45 for 1 ref and $11 O for 3 refs $ _____________________ _ TOTAL PRICE $38,000 (2 seasons)
$ _____________________ _
TOTAL WRITTEN PR,cE __ T_h_i_rt ___ y_E_i.,..g'--h_t_T_h_o_u_s_a_n_d ______ ooLLARs NO.
1 NO.
2 NO.
3 BASE BID
2024 SOCCER REFEREE
SERVICES:
WORK DESCRIPTION ESTIMATED
QUANTITY
2024 Youth Soccer Regular 300 Season - (1 referee per game)
WORK DESCRIPTION ESTIMATED
QUANTITY
UNIT PRICE
$45.00
UNIT PRICE
2024 Youth Soccer Play-off 50 :s11 o.oc, Games (3 referees per game) 2025 SOCCER REFEREE
SERVICES:
WORK DESCRIPTION ESTIMATED
QUA NTITY
2025 Youth Soccer Regular 300 Season - ( 1 referee per
game)
UNIT PRICE
$45.00
9
NO. WORK DESCRIPTION ESTIMATED UNIT PRICE
QUANTITY
4 2025 Youth Soccer play-off 50 $11 O.OC games (3 referees per game) COMPANY NAME:
AULA Athletic Club
ADDRESS: 10017 Long Beach Blv, Lynwood CA 90262
CONTACT PERSON: Michael Almeida
PHONE NUMBER: 323-649-0724
EMAIL ADDRESS: [email protected]
NOTE: The City of Bell reserves the right to award the contract based upon the available funds. The bids will be compared on the basis of cost, experience, and quality. 10
1 CITY OF BELL
Community Services Department
NOTICE TO BIDDERS
Proposals will be received via online Planet Bids software by 4:00 PM on Monday, March 11, 2024. Bids will be publicly opened and read at the above stated time at the City Hall Finance Conference Room, as follows:
2024 & 2025 SOCCER REFEREE SERVICES
Bids must be submitted online via Planet Bids software.
The project consists of: Providing referee services for the 2024 & 2025 SOCCER
REFEREE SERVICES
Withdrawal of bids shall not be permitted for a period of sixty (60) days after the date set for the opening thereof.
The City reserves the right to reject any and all bids.
The City reserves the unilateral right to amend this RFP in writing at any time. The City also reserves the right to cancel or reissue all or any part of the RFP in its sole discretion. Applicants are required to respond to the final written RFP including any exhibits, attachments, and amendments issued by the City.
All questions should be submitted through Planet Bids software addressed to:
Osmond Hernandez (Recreation Coordinator) Email: [email protected]
IMPORTANT DATES
*Date subject to change
Visit www.cityofbell.org for full RFP/BIDS under "Business" tap RFP ISSUED Friday, February 9, 2024
RFP QUESTIONS DUE Friday, February 23, 2024
CITY RESPONSE TO QUESTIONS Wednesday, February 28, 2024 RFP DUE DATE Monday, March 11, 2024 by 4:00pm
*AWARD DATE Wednesday, April 10, 2024
ATTACHMENT 3
2 Table of Contents
INTRODUCTION ................................................................................................................... 3 BACKGROUND ...................................................................................................................... 3 SELECTION PROCESS ............................................................................................................. 3 Proposal Requirements ........................................................................................ 3 Proposal Evaluation Criteria ................................................................................. 4 Qualifications of Service ............................................................................ 4 Cost Effectiveness ..................................................................................... 4 Experience ................................................................................................. 4 References ................................................................................................ 4 Specifications for 2024 – 2025 Soccer Program Referees ......................................... 5 Certifications / Requirements................................................................................ 5 Head of Referees ................................................................................................. 5 Officials ................................................................................................................. 5 The season ........................................................................................................... 6 The game ............................................................................................................. 6 Payment and Invoicing ......................................................................................... 7 COST PROPOSAL ................................................................................................................... 8 2024 BASE BID ....................................................................................................... 9 Youth Soccer Regular Season Games ...................................................... 9 Youth Soccer Playoffs Games ................................................................... 9 2025 BASE BID ....................................................................................................... 9 Youth Soccer Regular Season ................................................................... 9 Youth Soccer Playoffs Games ................................................................. 10
3 Introduction
The City of Bell is inviting proposals from experienced vendors to provide referee services tailored for our soccer programs. The goal of this RFP is to establish a partnership with a vendor who can efficiently officiate games for players, coaches, and supporters to our soccer organization, contributing to the growth and success of our soccer community.
Background
The City of Bell, California, boasts a vibrant and inclusive soccer program that stands as a testament to its commitment to community engagement and the development of youth in the city. The soccer program, designed for youth (ages 8-17), provides a dynamic platform for residents to embrace the sport and foster a sense of camaraderie. With well-maintained facilities and a dedicated team of coaches, the City of Bell's soccer program focuses not only on skill enhancement but also on instilling values of teamwork, discipline, and sportsmanship. The City of Bell's soccer program serves as a cornerstone for social interaction and physical well-being within the community. Through this initiative, the City of Bell continues to create a thriving soccer culture, encouraging residents to connect, stay active, and share the joy of the beautiful game.
Selection Process
Proposal Requirements
Interested vendors are requested to submit a detailed proposal that includes the following:
1. Soccer Expertise: Showcase your understanding of the soccer community and experience in soccer-related referral programs. Provide a detailed description of your approach to soccer referrer services, including strategies for engaging coaches, academies, and supporters.
2. Experience: Highlight relevant experience in managing soccer referrer programs or similar initiatives.
3. References: Share contact information for at least three references from previous clients in the soccer industry.
4. Cost: Present a clear and transparent pricing structure for the proposed soccer referrer services.
4 PROPOSAL EVALUATION CRITERIA
The contract resulting from this RFP will be awarded to the responsible Contractor whose offer, conforming to the requirements of the RFP, is determined to fill the needs of the City of Bell. Contractors should review the requirements listed under each area, when submitting their proposal. The following criteria s hall be used for the 2024 & 2025 SOCCER REFEREE SERVICES submitted proposals. An appointed selection panel will review and rate all responsive proposals, based on the following criteria:
1. Qualifications of Service (Maximum 25 Points):
• Responsive customer service available for inquiries and assistance throughout the contract period.
• Ability to effectively schedule referees and communicate with City personnel. • Ability to provided in arriving on time for scheduled games. • A commitment to resolving any service-related issues promptly and effectively. • Ability to effectively adapt and enforce the rules and regulations set forth by a given program/league.
2. Cost Effectiveness (Maximum 25 Points):
• Competitive pricing that offers value for the city's budget without compromising the quality of service.
• Transparent cost breakdown of regular season and playoff games.
3. Experience (Maximum 15 Points):
• A track record of successfully servicing competitive youth soccer leagues and Recreational Programs/Leagues.
• Relevant certifications or industry recognition highlighting expertise.
4. References (Maximum 10 Points):
• Positive and verifiable references from previous clients who have procured soccer referee services.
• A history of positive relationships with clients, indicating a commitment to long- term partnerships
5 SPECIFICATIONS FOR 2024 & 2025 SOCCER PROGRAM REFEREES
1. Certifications / Requirements
a. Referees must be certified by a soccer association (proof must be submitted before each season)
b. Referees must have proof of a completed background check within the past 2 years from the first game of each season (proof must be submitted before each season)
c. Bid winner must have liability insurance. The City of Bell must be included on the certificate (proof must be submitted before each season)
2. Head of the Referees
a. Three (3) mandatory meetings will be held with the head of the referees and the Recreation Coordinator on the following occasions, 1) before the season, 2) in the middle of the season and 3) before the playoffs (youth soccer) b. Referees must be familiar with the City of Bell Youth Soccer; copies of the manual will be given to the head of the referees if the organization wins the bid c. We must have the option to request rotating the referees from one division to another as we see fit. Including the option to request rotating referees from one field to another.
d. There must be at least 10 different referees to rotate throughout the youth soccer season and at least.
3. Officials
a. Ability to speak Spanish is highly desirable (bilingual English/Spanish) b. Ability to perform physical activities (e.g mobility and running) c. Referees must refrain from the use of drugs, tobacco and alcohol at all youth sports functions.
d. Referees must bring at least 4 different colored jerseys to games, so they do not blend in with the players.
e. Referees must be on the field 15 minutes before the scheduled game time f. Companies will be allowed a maximum of 5 tardiness’s per season for youth soccer.
i. If city staff must initiate a game due to a referee being tardy, the company may be subject to receive only partial pay for that game. (City is willing to negotiate this penalty credit fee with the chosen vendor) g. Referees can end a game if the spectators/coaches behave in a manner that displays unsportsmanlike behavior; should the following steps be taken. i. Spectators/coaches have received a warning.
ii. Referee has communicated with staff regarding the behavior and removal of an individual/group.
iii. Individual/group refusal to comply with removal.
h. Referees can end a game if he/she determines the safety of any individual is compromised.
6 i. Referees must complete a score sheet at the end of every game in legible handwriting and must include detailed information when a player/coach/spectator is ejected; the score sheet must then be handed to a staff member at the end of the game
j. Referees must check that all players are wearing a city issued uniform (jersey, shorts and socks), shin guards and have a credential before each game begins. k. Referees must also check that coaches are wearing a city issued jersey and credential.
4. The season
a. The youth soccer season will consist of 12 regular season game weeks. Once the regular season is finished, the playoffs will follow. b. The youth soccer season will begin in early May and conclude by September c. Each game will be 40 minutes in length (20-minute halves) with a 5-minute halftime break.
d. Playoff games will require 2 assistant referees and a main referee e. Youth Soccer games will be played on synthetic turf, while futsal games will be played on concrete
f. Location of fields:
i. Ernest Debs Park - 3700 Gage Ave, Bell, CA 90201;
i. Field - 256' x 128' 8"
ii. Nueva Vista Elementary School - 4412 Randolph St, Bell, CA 90201 i. Field 1 - 227' x 139' 5"
ii. Field 2 - 223' 6" x 141' 10"
iii. Orchard 'Academy – 6411 Orchard Ave, Bell, CA 90201 i. Field – 300' 10” x 180’
The game
a. Additional time
i. Must be given for each game if there is an injury, water break or any other stoppage time
ii. Must be given if there any referee and/or staff delays iii. Will not be given if there are any coaching/team delays iv. If a game is canceled due to an unlikely event or bad weather conditions, a makeup game will need to be refereed
b. 1 Minute water breaks must be given in excessive heat (at minute 10 and 30) c. In the case of a forfeit, an exhibition game will be played with the players present, and it will need to be refereed.
d. If a playoff game ends in a tie a penalty kick shootout will follow e. Games will be played as early as 5:30 pm and conclude as late as 9:30 pm during the week
7 f. On the weekend’s games will be played as early as 8:30 am and conclude by 2:30 pm
Payment and Invoicing
a. Bid winner must provide an invoice outlining the services provided by the second and fourth Monday of each month by 12 noon
b. Compensation will be given to the bid winner in the form of a check within 4 – 6 weeks of invoice submittal (This may change to a lesser time) c. A meeting will be held before each season to discuss payment items d. Winning bidder must have contract notarized at their own expense e. Winning bidder must purchase a business license from the City of Bell which cost $39 yearly.
f. If city staff must initiate a game due to a referee being tardy, the company may be subject to receive only partial pay for that game. (City is willing to negotiate this penalty credit fee with the chosen vendor).
8 Bidding Sheet
In the blanks provided, fill in the prices at which you propose for the services and include all applicable sales and use taxes imposed pursuant to the laws of the State of California.
Bidders are advised that they must include a proportional amount of overhead, profit, delivery charges, etc., within the bid prices.
Bidder agrees to perform all the work described in the Contract Documents for the following unit prices or lump sums:
BID PROPOSAL
TODAY’S DATE:
SUBMIT BID TO: City of Bell (Via Planet Bids)
ADDRESS: 6330 Pine Avenue
CITY/ZIP: Bell, CA 90201
ATTN: COMMUNITY SERVICES DEPARTMENT
PHONE #: (323) 773-1596
JOB NAME: 2024 - 2025 Youth Soccer Referee Services
ADDRESS: 6250 Pine Ave
CITY: Bell, CA 902
NOTE: Please use this form to submit your bid and any exclusions (if any) other notes.
You are welcome to attach any company literature or other information. In complete compliance and accord with the attached specifications, we hereby submit our pricing as follows to complete said project. Our pricing includes all labor, supervision, materials, taxes, freight, equipment, rentals, subcontractor charges, licenses, permits, dump fees, support, insurance premiums, and any other related charges required to complete the service required. All state and local codes and regulations are to be complied with in their entirety.
9 We do hereby acknowledge we have reviewed the specifications, and accept all conditions of same, including this Bid Form and propose to complete this project under these conditions for the Lump Sum price and/or unit price of:
BASE BID
2024 SOCCER REFEREE
SERVICES:
NO. WORK DESCRIPTION ESTIMATED
QUANTITY
UNIT PRICE
1 2024 Youth Soccer Regular
Season - (1 referee per game)
300
NO. WORK DESCRIPTION ESTIMATED
QUANTITY
UNIT PRICE
2 2024 Youth Soccer Play-off
Games (3 referees per game)
50 2025 SOCCER REFEREE
SERVICES:
NO. WORK DESCRIPTION ESTIMATED
QUANTITY
UNIT PRICE
3 2025 Youth Soccer Regular
Season - (1 referee per
game)
300
`
TOTAL WRITTEN PRICE ______________________________________________________DOLLARS
“2024 & 2025 SOCCER REFEREE SERVICES”
Due Date: Monday, March 11 by 4:00 PM
10 NO. WORK DESCRIPTION ESTIMATED
QUANTITY
UNIT PRICE
4 2025 Youth Soccer play-off
games (3 referees per game)
50 NOTE: The City of Bell reserves the right to award the contract based upon the available funds. The bids will be compared on the basis of cost, experience, and quality.
COMPANY NAME:
ADDRESS:
CONTACT PERSON:
PHONE NUMBER:
EMAIL ADDRESS:
11
AGENDA ITEM 7
Minutes of the
Bell City Council and Related Agencies
April 10, 2024
MINUTES OF THE REGULAR JOINT MEETING OF THE
Bell City Council/B
ell Community Housing Authority/Successor Agency to the Bell Community Redevelopment Agency/Bell Public Finance Authority April 10, 2024
7:00 P.M. Regular
Meeting
Closed Session will be held at the end of the Open Session Location: Bell Com
munity Center, 6250 Pine Avenue, Bell CA 90201
Mayor Gallardo called t
he meeting to order at 7:40 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, Romero, Saleh, Vice-Mayor Quintana and Mayor Gallardo ABSENT: None
Also pres
ent were the following staff members: City Manager Michael L. Antwine ll, City Attorney Dave Aleshire, Police Captain Art Jiminez, Deputy City Engineer Rey Alfonso, Interim Public Works Director John Oskoui, Interim Public Works Manager Jerry Hutchinson, Community Development Director Manuel Acosta, Economic Development Specialist Valentin Flores, Assistant to the City Manager Javier Ochiqui, Finance Director Ricky Manbahal, Community Service Director Janine Andrade, Executive Assistant Lisa Guzman, Assistant City Clerk Marisa Craft and City Clerk Angela Bustamante.
Pledge of Allegiance
was led by Councilmember Romero
Presentations and
Recognitions
a. Declari
ng the Month of April as National Arab American Heritage Month Mayor Gallardo read and presented the proclamation.
b. Declari
ng the Month of April as National Donate Life Month
Mayor Gallardo read and presented the proclamation.
c. Quality of Li
fe Presentation – Homeless Encampment Resources Operation (HERO)
MEETING WILL BE HELD IN-PERSON AT THE BELL COMMUNITY CENTER PUBLIC
COMMENT: If you wis h 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 calls 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 s ubmitted by 4pm on Wednesday, April 10, 2024. 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 8
Minutes of the
Bell City Council and Related Agencies
April 10, 2024
Assistant to the City Manager Javier Ochiqui presented a Powerpoint presentation. There was a brief discussion between staff and council.
d. La Casita Mexicana 25th Anniversary Recognition
Mayor Gallardo presented the owners of La Casita Mexicana, Jaime and Ramino, with a plaque of recognition. Vice-Mayor Quintana presented a certificate of recognition from California Assemblymember Blanca Pacheco’s Office. Adolfo Varas and Luis Mesa from Bell Chamber of Commerce presented a plaque of recognition. LA County Supervisor Janice Hahn’s Office presented a certificate of recognition.
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.
Kevin Allec -Arreda, Francisco Ponce, Betsy Al civar, Merli Albizures, Bertha Ruiz, Luis Mesa, 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 Arroyo made a comment.
Councilmember Saleh made a comment.
Vice-Mayor Quintana made a comment.
Mayor 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 II had nothing to report.
Business Session
1. Creation of FY24-25 Budget Ad-Hoc Committee and approval of FY 24-25 Budget Schedule. (City Council)
Recommendation: It is recommended that the City Council appoint two (2) Councilmembers to the FY 2024-2025 Budget Ad-hoc Committee and approve the proposed FY 2024-2025 Budget Calendar.
Finance Director Ricky Manbahal provided a report on the item.
Council appointed Councilmembers Saleh and Arroyo to the FY 2024-2025 Budget Ad-hoc Committee.
It was moved by Councilmember Romero to approve agenda item no. 1, as recommended. Motion was seconded by Councilmember Saleh which carried with the following roll call vote:
Minutes of the
Bell City Council and Related Agencies
April 10, 2024
Roll Call: 5-0-0-0
AYES: Councilmember Arroyo, Romero, Saleh, Vice-Mayor Quintana, and Mayor Gallardo.
NOES: None
ABSTAIN: None
ABSENT: None
Motion Passed.
2. Adoption of Resolution declaring 6504 Clarkson Avenue and 4460 Gage Avenue in the City of Bell, exempt surplus land under the Surplus Land Act. (City Council)
Recommendation: It is recommended that the City Council read by title only, waive further reading and adopt Resolution 2024-11 titled:
A RESOLUTION OF THE CITY OF BELL DECLARING CERTAIN
PROPERTY LOCATED AT 6504 CLARKSON AVENUE AND 4460
GAGE AVENUE IN THE CITY OF BELL, ASSESSOR PARCEL
NUMBER’S (“APN’S”) 6325 -020-900 AND 6325-020-903 (THE
“PROPERTIES”) EXEMPT SURPLUS LAND PURSUANT TO
THE SURPLUS LAND ACT (GOVERNMENT CODE SECTIONS
54220 ET SEQ.)
This item was pulled by staff.
3. Adoption of a Resolution declaring 4472 Gage Avenue, 6414 Clarkson Ave, and 6415 Atlantic Ave in the City of Bell, except surplus land under the Surplus Land Act. (Successor Agency to the Bell Redevelopment Agency)
Recommendation: It is recommended that the Successor Agency Board Members read by title only, waive further reading adopt Resolution 2024-12 titled:
A RESOLUTION OF THE SUCCESSOR AGENCY OF THE FORMER
BELL COMMUNITY REDEVELOPMENT AGENCY DECLARING
CERTAIN PROPERTY LOCATED AT 4472 GAGE AVENUE, 6414
CLARKSON AVENUE, AND 6415 ATLANTIC AVENUE ASSESSOR
PARCEL NUMBERS (“APN’S”) 6325 -020-902, 6325-020-901, AND 6325-020-904 (THE “PROPERTIES”) EXEMPT SURPLUS LAND
PURSUANT TO THE SURPLUS LAND ACT (GOVERNMENT CODE
SECTIONS 54220 ET SEQ.)
This item was pulled by staff.
4. Citywide Battery Backup System- Award of a Procurement Equipment. (City Council)
Recommendation: It is recommended that the City Council:
1. Award a procurement of Equipment and authorize the City Manager to issue a purchase order in the amount of $264,422.85 to Econolite Control Products, Inc. for the purchase of Traffic Signal Battery Back-Up System; and
2. Authorize the City Manager to execute change orders as deemed necessary in an amount not to exceed $26,442.29 (ten percent of the bid amount).
Minutes of the
Bell City Council and Related Agencies
April 10, 2024
Deputy City Engineer Rey Alfonso provided a report on the item.
City Manager Michael L. Antwine ll provided additional information.
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 Arroyo which carried with the following roll call vote:
Roll Call: 5-0-0-0
AYES: Councilmember Arroyo, Romero, Saleh Vice-Mayor Quintana, and Mayor Gallardo.
NOES: None
ABSTAIN: None
ABSENT: None
Motion Passed.
5. Adoption of a Resolution Directing Staff to Initiate the Property Owner Notice, Hearing, and Protest Process as Required by Proposition 218 for the Proposed Sewer Rates Effective July 1, 2024 through June 30, 2029. (City Council)
Recommendation: It is recommended that the City Council:
1. Accept a report prepared by Willdan Financial (Willdan) regarding the proposed sewer rates, and
2. Read by title only, waive further reading and adopt Resolution 2024-13 titled:
“A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF BELL
STATING ITS INTENTION TO ADOPT SEWER RATES AND
DIRECTING STAFF TO GIVE NOTICE OF A PUBLIC HEARING
PURSUANT TO PROPOSITION 218.”
Councilmember Saleh left the meeting at 9:29 p.m.
Interim Public Works Director John Oskoui introduced the item.
City Manager Michale L. Antwine ll provided additional information.
Wildan Financial Services Vice-President Chris Fisher provided a PowerPoint presentation on the item.
Discussion ensued amongst the staff and council.
City Attorney Dave Aleshire read the title of the resolution.
It was moved by Vice-Mayor Quintana to approve agenda item no. 5 , as recommended. Motion was seconded by Councilmember Romero which carried with the following roll call vote:
Minutes of the
Bell City Council and Related Agencies
April 10, 2024
Roll Call: 4-0-0-1
AYES: Councilmember Arroyo, Romero, Vice-Mayor Quintana, and Mayor Gallardo.
NOES: None
ABSTAIN: None
ABSENT: Councilmember Saleh
6. Approval of Resolution No. 2024-14 Declaring the Results of the City of Bell General Municipal Election Consolidated with the Presidential Primary Election Held on March 5, 2024. (City Council)
Recommendation: It is recommended that the City Council read by title only, waive further reading and adopt Resolution 2024-14 titled:
A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF
BELL, RECITING THE FACT OF THE GENERAL
MUNICIPAL ELECTION HELD ON TUESDAY, MARCH 5,
2024, DECLARING THE RESULTS AND SUCH OTHER
MATTERS AS PROVIDED BY LAW
City Clerk Angela Bustamante provided a report on the item.
Vice-Mayor Quintana requested that staff look into moving elections to the November elections to increase voter participation.
City Attorney Dave Aleshire provided information on the item.
City Attorney Dave Aleshire read the title of the resolution.
It was moved by Councilmember Romero to approve agenda item no. 6, as recommended. Motion was seconded by Councilmember Arroyo which carried with the following roll call vote:
Roll Call: 4-0-0-1
AYES: Councilmember Arroyo, Romero, Vice-Mayor Quintana, and Mayor Gallardo.
NOES: None
ABSTAIN: None
ABSENT: Councilmember Saleh
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 and 8.
It was moved by Councilmember Romero to approve agenda items 7 and 8. Motion was seconded by Councilmember Arroyo which carried with the following roll call vote:
Roll Call: 4-0-0-1
AYES: Councilmember Arroyo, Romero, Saleh, Vice-Mayor Quintana and Mayor Gallardo NOES: None
Minutes of the
Bell City Council and Related Agencies
April 10, 2024
ABSTAIN: None
ABSENT: Councilmember Saleh
Motion Passed.
7. General Warrants, Successor Agency to the Bell Community Redevelopment Agency and Community Housing Authority Warrants of April 10, 2024. (Council/Successor Agency to the Bell Community Redevelopment Agency/Bell Community Housing Authority).
8. Minutes for the Regular City Council Meetings of October 12, 2022 and March 13, 2024. (City Council/Successor Agency to the Bell Community Redevelopment Agency)
Staff requested to add the following item to the closed session agenda:
i. CONFERENCE WITH REAL PROPERTY NEGOTIATORS (Pursuant to Government Code section 54956.8)
Properties: 6400 Atlantic Avenue, Bell CA 90201
Agency negotiators: Michael L. Antwine II (City Manager), and Dave Aleshire (City Attorney)
Negotiating parties: To be Determined
It was moved by Mayor Gallardo to approve agenda items 7 and 8. Motion was seconded by Councilmember Romero which carried with the following roll call vote:
Roll Call: 3-1-0-1
AYES: Councilmember Arroyo, Romero, and Mayor Gallardo
NOES: Vice-Mayor Quintana
ABSTAIN: None
ABSENT: Councilmember Saleh
Motion Failed.
City Council recessed to closed session at 9:43 p.m.
RECESS TO 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: 7030 Atlantic 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)
Properties: 4472 Gage Avenue ,6614 Clarkson Avenue, 6415 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 REAL PROPERTY NEGOTIATORS (Pursuant to Government Code
Minutes of the
Bell City Council and Related Agencies
April 10, 2024
section 54956.8)
Property: 5107 Filmore Avenue, Bell CA 90201
Agency negotiators: Michael L. Antwine II (City Manager), and Dave Aleshire (City Attorney) Negotiating parties: To be Determined
d. CONFERENCE WITH REAL PROPERTY NEGOTIATORS (Pursuant to Government Code section 54956.8)
Property: 6500 Lucille Avenue, Bell CA 90201
Agency negotiators: Michael L. Antwine II (City Manager), and Dave Aleshire (City Attorney) Negotiating parties: To be Determined
e. CONFERENCE WITH REAL PROPERTY NEGOTIATORS (Pursuant to Government Code section 54956.8)
Property: 6502 Flora Avenue, Bell CA 90201
Agency negotiators: Michael L. Antwine II (City Manager), and Dave Aleshire (City Attorney) Negotiating parties: To be Determined
f. CONFERENCE WITH REAL PROPERTY NEGOTIATORS (Pursuant to Government Code section 54956.8)
Property: 6229 Pine Avenue, Bell CA 90201
Agency negotiators: Michael L. Antwine II (City Manager), and Dave Aleshire (City Attorney) Negotiating parties: To be Determined
g. CONFERENCE WITH LABOR NEGOTIATORS- Government Code Section 54957.6, Agency designated representatives: Michael L. Antwine II (City Manager), and Dave Aleshire (City Attorney) Employee Organization: Bell Police Officers Association (BPOA)
h. CONFERENCE WITH LABOR NEGOTIATORS- Government Code Section 54957.6, Agency designated representatives: Michael L. Antwine II (City Manager), and Dave Aleshire (City Attorney) Employee Organization: Bell City Employee Association (BCEA)
RECONVENE TO OPEN SESSION
City Council reconvened to open session at 10:33 p.m.
City Attorney Report
City Attorney Dave Aleshire reported that Item A) was discussed; no reportable action was taken.
Items B-F) were not discussed. Items G-H) were discussed; no reportable action was taken.
Mayor Gallardo adjourned the meeting at 10:34 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 May 8, 2024.
________________________________
Angela Bustamante
City Clerk
Ali Saleh, Mayor
Minutes of the
Bell City Council and Related Agencies
April 24, 2024
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
April 24, 2024
5:30 P.M. Closed Session
7:00 P.M. Regular Meeting
Location: Bell Community Center, 6250 Pine Avenue, Bell CA 90201
Councilmember Romero called the meeting to order at 5:36 p.m.
Roll Call of the City Council in their capacities as Councilmembers/Members of all Related Agencies: Arroyo, Flores, Romero, Saleh, and Quintana
PRESENT: Councilmember Arroyo, Flores, and Romero
ABSENT: None
Also present were the following staff members: City Manager Michael L. Antwine ll, City Attorney Dave Aleshire,
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)
Properties: 6400 Atlantic Avenue, Bell CA 90201
Agency negotiators: Michael L. Antwine II (City Manager), and Dave Aleshire (City Attorney)
MEETING WILL BE HELD IN-PERSON AT THE BELL COMMUNITY CENTER
PUBLIC COMMENT: If you w ish 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 calls 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 mus t be submitted by 4pm on Wednesday, April 24, 2024. 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
April 24, 2024
Negotiating parties: To be Determined
b. CONFERENCE WITH REAL PROPERTY NEGOTIATORS (Pursuant to Government Code section 54956.8)
Property: 7030 Atlantic 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 REAL PROPERTY NEGOTIATORS (Pursuant to Government Code section 54956.8)
Property: 4400-4410 Gage Avenue, Bell CA 90201
Agency negotiators: Michael L. Antwine II (City Manager), and Dave Aleshire (City Attorney) Negotiating parties: To be Determined
d. CONFERENCE WITH LABOR NEGOTIATORS- Government Code Section 54957.6, Agency designated representatives: Michael L. Antwine II (City Manager), and Dave Aleshire (City Attorney) Employee Organization: Bell Police Officers Association (BPOA)
e. CONFERENCE WITH LABOR NEGOTIATORS- Government Code Section 54957.6, Agency designated representatives: Michael L. Antwine II (City Manager), and Dave Aleshire (City Attorney) Employee Organization: Bell City Employee Association (BCEA)
Reconvene Regular City Council Meeting
Vice-Mayor Quintana called the meeting to order at 7:15 p.m.
Roll Call of the City Council in their capacities as Councilmembers/Members of all Related Agencies: Arroyo, Flores, Romero, Saleh, and Quintana
PRESENT: Councilmember Arroyo, Romero, Saleh, Vice-Mayor Quintana and Mayor Gallardo
ABSENT: None
Pledge of Allegiance was led by Councilmember Flores.
City Attorney Report
The City Attorney will report out on any action(s) to be taken by the City Council/Agencies on Closed Session matters.
City Attorney Dave Aleshire reported that Items A -C) a status report was given; no reportable action was taken. Items D-E) a status report was given; no reportable action was taken.
Presentations and Recognitions
a. Proclamation declaring April 12, 2024 as National Day of Silence Vice-Mayor Quintana read the proclamation.
b. Proclamation declaring the month of April 2024 as National Sexual Awareness Month and April 24, 2024 as “Denim Day”.
Vice-Mayor Quintana read the title of the proclamation.
Minutes of the
Bell City Council and Related Agencies
April 24, 2024
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 and Edwin Gonzalez.
Annual Reorganization of the City Council
The Reorganization of the Bell City Council for the year of 2024 in accordance with Bell Municipal Code Section 2.04.030(b).
a) Election of Mayor
b) Election of Vice Mayor
City Clerk Angela Bustamante provided a report on the item.
City Clerk Angela Bustamante opened up the nomination for Mayor.
Councilmember Arroyo nominated Councilmember Saleh.
Councilmember Romero nominated Councilmember Quintana.
Hearing no further nominations, City Clerk Bustamante called the roll for the nomination of Councilmember Saleh:
Roll Call: 5-0-0-0
AYES: Councilmember Arroyo, Flores, Romero, Quintana, and Saleh NOES: None
ABSTAIN: None
ABSENT: None
Councilmember Saleh was appointed Mayor.
City Clerk Angela Bustamante opened up the nomination for Vice-Mayor.
Councilmember Flores nominated Councilmember Arroyo.
Councilmember Romero nominated Councilmember Quintana.
Hearing no further nominations, City Clerk Bustamante called the roll for the nomination of Vice- Mayor Arroyo:
Roll Call: 5-0-0-0
AYES: Arroyo, Flores, Quintana, Romero and Mayor Saleh
NOES: None
ABSTAIN: None
ABSENT: None
Councilmember Arroyo was appointed Vice-Mayor.
Minutes of the
Bell City Council and Related Agencies
April 24, 2024
Mayor Saleh recessed the meeting at 7:40 p.m.
Mayor Saleh reconvened the meeting at 7:55 p.m.
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 Romero made a comment.
Councilmember Quintana made a comment.
Vice-Mayor Arroyo made a comment.
Councilmember Flores made a comment.
Mayor Saleh 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 gave a status update on the Prichard Field Park Project. He also gave an update on the Gage and Heliotrope Pocket Park Project.
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. Public Hearing and Second reading of an ordinance amending the City of Bell Municipal Code by repealing and replacing Chapter 8.20 to ban the sale and use of fireworks within the city. (City Council)
Recommendation: It is recommended that the City Council:
1. Conduct the Public Hearing to receive public input on the proposed ordinance regarding the sale and use of fireworks; and
2. Read by title only, waive further reading and adopt Ordinance No. 1289 titled:
AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF BELL,
CALIFORNIA, REPEALING AND REPLACING CHAPTER 8.20
(FIREWORKS) OF TITLE 8 (HEALTH & SAFETY) OF THE BELL
MUNICIPAL CODE RELATING TO THE SALE AND USE OF
FIREWORKS
Chief Islas provided a report on the item.
Discussion ensued amongst the staff and council.
Mayor Saleh opened the public hearing.
Minutes of the
Bell City Council and Related Agencies
April 24, 2024
Public Speakers
Roger Ramirez
Mayor Saleh closed the public hearing.
City Attorney Dave Aleshire read the title of the ordinance.
It was moved by Councilmember Romero to approve agenda item no. 1 as recommended. Motion was seconded by Vice-Mayor Arroyo which carried with the following roll call vote:
Roll Call: 5-0-0-0
AYES: Councilmember Flores, Romero, Quintana, Vice-Mayor Arroyo, and Mayor Saleh.
NOES: None
ABSTAIN: None
ABSENT: None
Motion Passed
Business Session
2. Exclusive Negotiation Agreement between the City of Bell and Evergreen Development, Inc. (Successor Agency)
Recommendation: It is recommended that the Chair and Board members of the Successor Agency to the Bell Redevelopment Agency approve an Exclusive Negotiation Agreement (ENA) between the City of Bell and Evergreen Development, Inc.
Community Development Director Manuel Acosta introduced the item.
Economic Development Specialist Valentin Flores 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 Arroyo which carried with the following roll call vote:
Roll Call: 5-0-0-0
AYES: Councilmember Flores, Romero, Quintana, Vice-Mayor Arroyo, and Mayor Saleh.
NOES: None
ABSTAIN: None
ABSENT: None
Motion Passed.
3. Adoption of Resolution declaring 6504 Clarkson Avenue and 4460 Gage Avenue in the City of Bell, exempt surplus land under the Surplus Land Act. (City Council)
Recommendation: It is recommended that the City Council read by title only, waive further reading and adopt Resolution 2024-11 titled:
A RESOLUTION OF THE CITY OF BELL DECLARING CERTAIN
PROPERTY LOCATED AT 6504 CLARKSON AVENUE AND 4460 GAGE
AVENUE IN THE CITY OF BELL, ASSESSOR PARCEL NUMBER’S
(“APN’S”) 6325 -020-900 AND 6325-020-903 (THE “PROPERTIES”)
Minutes of the
Bell City Council and Related Agencies
April 24, 2024
EXEMPT SURPLUS LAND PURSUANT TO THE SURPLUS LAND ACT
(GOVERNMENT CODE SECTIONS 54220 ET SEQ.)
Community Development Director Manuel Acosta introduced the item.
Economic Development Specialist Valentin Flores 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. 3, as recommended. Motion was seconded by Vice-Mayor Arroyo which carried with the following roll call vote:
Roll Call: 5-0-0-0
AYES: Councilmember Flores, Quintana, Romero, Vice-Mayor Arroyo, and Mayor Saleh.
NOES: None
ABSTAIN: None
ABSENT: None
Motion Passed.
4. Adoption of a Resolution declaring 4472 Gage Avenue, 6414 Clarkson Ave, and 6415 Atlantic Ave in the City of Bell, except surplus land under the Surplus Land Act. (Successor Agency to the Bell Redevelopment Agency)
Recommendation: It is recommended that the Successor Agency Board Members read by title only, waive further reading adopt Resolution 2024-12 titled:
A RESOLUTION OF THE SUCCESSOR AGENCY OF THE FORMER
BELL COMMUNITY REDEVELOPMENT AGENCY DECLARING
CERTAIN PROPERTY LOCATED AT 4472 GAGE AVENUE, 6414
CLARKSON AVENUE, AND 6415 ATLANTIC AVENUE ASSESSOR
PARCEL NUMBERS (“APN’S”) 6325 -020-902, 6325-020-901, AND 6325-020-904 (THE “PROPERTIES”) EXEMPT SURPLUS LAND
PURSUANT TO THE SURPLUS LAND ACT (GOVERNMENT CODE
SECTIONS 54220 ET SEQ.)
Community Development Director Manuel Acosta introduced the item.
Economic Development Specialist Valentin Flores 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. 4, as recommended. Motion was seconded by Vice-Mayor Arroyo which carried with the following roll call vote:
Roll Call: 5-0-0-0
AYES: Councilmember Flores, Romero, Quintana, Vice-Mayor Arroyo, and Mayor Saleh.
NOES: None
ABSTAIN: None
ABSENT: None
Motion Passed.
Minutes of the
Bell City Council and Related Agencies
April 24, 2024
5. Adoption of Resolution declaring 4205 Bell Ave, 6502 Flora Ave, 6624 Flora Ave, 6633 ¼ Pine Ave, 6633 ¾ Ave, 6629 Pine Ave, 6633 Pine Ave, and 5246 Florence Ave in the City of Bell exempt surplus land under the Surplus Land Act. (Bell Community Housing Authority)
Recommendation: It is recommended that the Bell Community Housing Authority read by title only, waive further reading and adopt Resolution 2024-15 titled:
A RESOLUTION OF THE BELL COMMUNITY HOUSING AUTHORITY OF
THE CITY OF BELL, CALIFORNIA, DECLARING CERTAIN PROPERTY LOCATED AT 4205 BELL AVE, 6502 FLORA AVE, 6624 FLORA AVE, 6633 ¼ PINE AVE, 6633 ¾ PINE AVE, 6629 PINE AVE, 6633 PINE AVE AND 5246 FLORENCE AVE IN THE CITY OF BELL, ASSESSOR PARCEL NUMBER’S (“APN’S”) 6325-011-900, 6325-015-900, 6325-016-900, 6325-017-900, 6325- 017-901, 6325-017-902, 6325-017-903, 6226-006-900, 6226-006-901, 6226- 006-902 AND 6226-006-903 (THE “PROPERTIES”) SU RPLUS LAND
PURSUANT TO THE SURPLUS LAND ACT (GOVERNMENT CODE
SECTIONS 54220 ET SEQ.)
Mayor Saleh and Councilmember Romero recused themselves.
Mayor Saleh and Councilmember Romero left the meeting at 8:27 p.m.
Economic Development Specialist Valentin Flores provided a report on the item.
City Attorney Dave Aleshire read the title of the resolution.
It was moved by Councilmember Flores to approve agenda item no. 5, as recommended. Motion was seconded by Councilmember Quintana which carried with the following roll call vote:
Roll Call: 3-0-0-2
AYES: Councilmember Flores, Quintana and Vice-Mayor Arroyo NOES: None
ABSTAIN: None
ABSENT: Councilmember Romero and Mayor Saleh
Motion Passed.
6. Approve the Engineer’s Report and Set the Public Hearing to Consider Annual Assessments Within the Citywide Landscaping and Lighting Maintenance District with No Increase in Assessments. (City Council)
Recommendation: It is recommended that the City Counci l read by title only, waive further reading and adopt Resolutions 2024-17, 2024-18 and 2024-19.
Deputy City Engineer Rey Alfonso provided a report on the item.
City Manager Michael L. Antwine provided additional information.
City Attorney Dave Aleshire read the title of the resolutions.
It was moved by Councilmember Quintana to approve agenda item no. 6 , as recommended.
Motion was seconded by Vice-Mayor Arroyo which carried with the following roll call vote: