Bell City Council
September 25, 2024

10 ARTICLE 5. INSURANCE AND INDEMNIFICATION

5.1 Insurance Coverages.

Without limiting Consultant's indemnification of City, and prior to commencement of any services under this Agreement, Consultant shall obtain, provide and maintain at its own expense during the term of this Agreement, policies of insurance of the type and amounts described below and in a form satisfactory to City.
(a) General liability insurance. Co
nsultant shall maintain commercial general
liability insurance with coverage at least as broad as Insurance Services Office fo1m CG 00 01, in an amount not less than $1,000,000 per occurrence, $2,000,000 general aggregate, for bodily injury, personal injury, and property damage. The policy must include contractual liability that has not been amended. Any endorsement restricting standard ISO "insured contract" language will not be accepted.
(b) Automobile liability insurance. Consultant shall maintain automobile insurance at least as broad as Insurance Services Office form CA 00 01 covering bodily injury and property damage for all activities of the Consultant arising out of or in connection with Services to be performed under this Agreement, including coverage for any owned, hired, non - owne d or
rented vehicles, in an amount not less than $1,000,000 combined single limit for each accident. (c) Professional liability (errors & omissions) insurance . Consultant shall maintain professional liability insurance that covers the Services to be performed in connection with this Agreement, in the minimum amount of $1,000,000 per claim and in the aggregate. Any policy inception date, continuity date, or retroactive date must be before the effective date of this Agreement and Consultant agrees to maintain continuous coverage through a period no less than three (3) years after completion of the services required by this Agreement. (d) Workers' compensation insurance . Con
sultant shall maintain Workers'
Compensation Insurance (Statutory Limits) and Employer's Liability Insurance (with limits of at least $1,000,000).
(e) Subcontractors. Consu l tant 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. Poli cies of such other insurance, as may be required in the Special Requirements in Exhibit "B".

5.2 General Insuranc e 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

11 approved by City's Risk Manager prior to commencement of performance. Current certification of insurance shall be kept on file with City at all times during the term of this Agreement. City reserves the right to require complete, ce1iified copies of all required insurance policies, at any time. (b) Duration of coverage. Cons ultant shall procure and maintain for the duration of this Agreement insurance against claims for injuries to persons or damages to property, which may arise from or in connection with the performance of the Services hereunder by Consultant, its agents, representatives, employees or subconsultants.
(c) Primary/noncontributing. Coverage provided by Consultant shall be primary and any insurance or self-insurance procured or maintained by City shall not be required to contribute with it. The limits of insurance required herein may be satisfied by a combination of primary and umbrella or excess insurance. Any umbrella or excess insurance shall contain or be endorsed to contain a provision that such coverage shall also apply on a primary and non - contri
butory basis for the benefit of City before the City's own insurance or self-insurance shall be called upon to protect it as a named insured.
(d) City's rights of enforcement. In the event any policy of insurance required under this Agreement does not comply with these specifications or is canceled and not replaced, City has the right but not the duty to obtain the insurance it deems necessary and any premium paid by City will be promptly reimbursed by Consultant or City will withhold amounts sufficient to pay premium from Consultant payments. In the alternative, City may cancel this Agreement. (e) Acceptable insurers. All insurance policies shall be issued by an insurance company currently authorized by the Insurance Commissioner to transact business of insurance or that is on the List of Approved Surplus Line Insurers in the State of California, with an assigned policyholders' Rating of A- (or higher) and Financial Size Category Class VI (or larger) in accordance with the latest edition of Best's Key Rating Guide, unless otherwise approved by the City's Risk Manager.
(f) Waiver of subrogation. All
insurance coverage maintained or procured
pursuant to this agreement shall be endorsed to waive subrogation against City, its elected or appointed officers, agents, officials, employees and volunteers or shall specifically allow Consultant or others providing insurance evidence in compliance with these specifications to waive their right of recovery prior to a loss. Consultant hereby waives its own right of recovery against City, and shall require similar written express waivers and insurance clauses from each of its subconsultants.
(g) Enforcement of contract provis ions {no n
-estoppel). Consultant
acknowledges and agrees that any actual or alleged failure on the part of the City to inform Consultant of non-compliance with any requirement imposes no additional obligations on the City nor does it waive any rights hereunder.
(h) Requirements not limiting. Requir ements 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

12 reference to a given coverage feature is for purposes of clarification only as it pertains to a given issue and is not intended by any party or insured to be all inclusive, or to the exclusion of other coverage, or a waiver of any type. If the Consultant maintains higher limits than the minimums shown above, the City requires and shall be entitled to coverage for the higher limits maintained by the Consultant. Any available insurance proceeds in excess of the specified minimum limits of insurance and coverage shall be available to the City.
(i) Notice of cancellation. Cons
ultant 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. Gen
eral liability policies shall provide or be
endorsed to provide that City and its officers, officials, employees, and agents, and volunteers shall be additional insureds under such policies. This provision shall also apply to any excess/umbrella liability policies.
(k) Prohibition of undisclosed coverage limitations. None of the coverages
required herein will be in compliance with these requirements if they include any limiting endorsement of any kind that has not been first submitted to City and approved of in writing. (1) 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 claus e. Consultant agrees to ensure that its subconsultants, subcontractors, and any other party involved with the project who is brought onto or involved in the project by Consultant, provide the same minimum insurance coverage and endorsements required of Consultant. Consultant agrees to monitor and review all such coverage and assumes · all responsibility for ensuring that such coverage is provided in conformity with the requirements of this section. Consultant agrees that upon request, all agreements with consultants, subcontractors, and others engaged in the project will be submitted to City for review. (n) Agency's right to revise specifications. The City reserves the right at any time during the term of the contract to change the amounts and types of insurance required by giving the Consultant ninety (90) days advance written notice of such change. If such change results in substantial additiona l cost to the Consultant, the City and Consultant may renegotiate Consultant's compensation.
(o) Self-ins
ured 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 not i ce of claims. Consultant shall give City prompt and timely notice of claims made or suits instituted that arise out of or result from Consultant's performance

13 under this Agreement, and that involve or may involve coverage under any of the required liability policies.
(q) Additional insurance. Cons ultant shall also procure and maintain, at its own cost and expense, any additional kinds of insurance, which in its own judgment may be necessary for its proper protection and prosecution of the work.

5.3 Indemnification.

To the full extent permitted by law, Consultant agrees to indemnify, defend and hold harmless the City, its officers, employees and agents ("Indemnified Parties") against, and will hold and save them and each of them harmless from, any and all actions, either judicial, administrative, arbitration or regulatory claims, damages to persons or property, losses, costs, penalties, obligations, errors, omissions or liabilities whether actual or threatened (herein "claims or liabilities") that may be asserted or claimed by any person, firm or entity arising out of or in connection with the negligent performance of the work, operations or activities provided herein of Consultant, its officers, employees, agents, subcontractors, or invitees, or any individual or entity for which Consultant is legally liable ("indemnitors"), or arising from Consultant's or indemnitors' reckless or willful misconduct, or arising from Consultant's or indemnitors' negligent performance of or failure to perform any term, provision, covenant or condition of this Agreement, and in connection therewith:
(a) Consultant will defend any action or actions filed in connection with any /.
of said claims or liabilities and will pay all costs and expenses, including legal costs and attorneys' fees incurred in connection therewith;
(b) Consultant will promptly pay any judgment rendered against the City, its officers, agents or employees for any such claims or liabilities arising out of or in connection with the negligent performance of or failure to perform such work, operations or activities of Consultant hereunder; and Consultant agrees to save and hold the City, its officers, agents, and employees harmless therefrom;
(c) In the event the City, its officers, agents or employees is made a party to any action or proceeding filed or prosecuted against Consultant for such damages or other claims arising out of or in connection with the negligent performance of or failure to perform the work, operation or activities of Consultant hereunder, Consultant agrees to pay to the City, its officers, agents or employees, any and all costs and expenses incurred by the City, its officers, agents or employees in such action or proceeding, including but not limited to, legal costs and attorneys' fees.

Consultant shall incorporate similar indemnity agreements with its subcontractors and if it fails to do so Consultant shall be fully responsible to indemnify City hereunder therefore, and failure of City to monitor compliance with these provisions shall not be a waiver hereof. This indemnification includes claims or liabilities arising from any negligent or wrongful act, error or omission, or reckless or willful misconduct of Consultant in the performance of professional services hereunder. The provisions of this Section do not apply to claims or liabilities occurring as a result of City's sole negligence or willful acts or omissions, but, to the fullest extent permitted by law, shall apply to claims and liabilities resulting in part from City's negligence,

14 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. RE

CORDS, REPORTS, AND RELEASE OF INFORMATION

6.1 Records.

Consultant shall keep, and require subcontractors to keep, such ledgers, books of accounts, invoices, vouchers, canceled checks, reports, studies or other documents relating to the disbursements charged to City and services performed hereunder (the "books and records"), as shall be necessary to perform the services required by this Agreement and enable the Contract Officer to evaluate the performance of such services. Any and all such documents shall be maintained in accordance with generally accepted accounting principles and shall be complete and detailed. The Contract Officer shall have full and free access to such books and records at all times during normal business hours of City, including the right to inspect, copy, audit and make records and transcripts from such records. Such records shall be maintained for a period of three (3) years following completion of the services hereunder, and the City shall have access to such records in the event any audit is required. In the event of dissolution of Consultant's business, custody of the books and records may be given to City, and access shall be provided by Consultant's successor in interest. Notwithstanding the above, the Consultant shall fully cooperate with the City in providing access to the books and records if a public records request is made and disclosure is required by law including but not limited to the California Public Records Act.

6.2 Reports.

Consultant shall periodically prepare and submit to the Contract Officer such reports concerning the performance of the services required by this Agreement as the Contract Officer shall require. Consultant hereby acknowledges that the City is greatly concerned about the cost of work and services to be performed pursuant to this Agreement. For this reason, Consultant agrees that if Consultant becomes aware of any facts, circumstances, techniques, or events that may or will materially increase or decrease the cost of the work or services contemplated herein or, if Consultant is providing design services, the cost of the project being designed, Consultant shall promptly notify the Contract Officer of said fact, circumstance, technique or event and the estimated increased or decreased cost related thereto and, if Consultant is providing design services, the estimated increased or decreased cost estimate for the project being designed.

6.3 Ownership of Documents.

All drawings, specifications, maps, designs, photographs, studies, surveys, data, notes, computer files, reports, records, documents and other materials (the "documents and materials") prepared by Consultant, its employees, subcontractors and agents in the performance of this Agreement shall be the property of City and shall be delivered to City upon request of the Contract Officer or upon the termination of this Agreement, and Consultant shall have no claim for further employment or additional compensation as a result of the exercise by City of its full

15 rights of ownership use, reuse, or assignment of the documents and materials hereunder. Any use, reuse or assignment of such completed documents for other projects and/or use of uncompleted documents without specific written authorization by the Consultant will be at the City's sole risk and without liability to Consultant, and Consultant's guarantee and warranties shall not extend to such use, reuse or assignment. Consultant may retain copies of such documents for its own use .

Consultant shall have the right to use the concepts embodied therein. All subcontractors shall provide for assignment to City of any documents or materials prepared by them, and in the event Consultant fails to secure such assignment, Consultant shall indemnify City for all damages resulting therefrom. Moreover, Consultant with respect to any documents and materials that may qualify as "works made for hire" as defined in 17 U.S.C. § 101, such documents and materials are hereby deemed "works made for hire" for the City.

6.4 Confidentiality and Release of Information.
(a) All information gained or work product produced by Consultant in performance of this Agreement shall be considered confidential, unless such information is in the public domain or already known to Consultant. Consultant shall not release or disclose any such information or work product to persons or entities other than City without prior written authorization from the Contract Officer.
(b) Consultant, its officers, employees, agents or subcontractors, shall not, without prior written authorization from the Contract Officer or unless requested by the City Attorney, voluntarily provide documents, declarations, letters of support, testimony at depositions, response to interrogatories or other information concerning the work performed under this Agreement. Response to a subpoena or court order shall not be considered "voluntary" provided Consultant gives City notice of such court order or subpoena. (c) If Consultant, or any officer, employee, agent or subcontractor of Consultant, provides any information or work product in violation of this Agreement, then City shall have the right to reimbursement and indemnity from Consultant for any damages, costs and fees, including attorney's fees, caused by or incurred as a result of Consultant's conduct. (d) Consultant shall promptly notify City should Consultant, its officers, employees, agents or subcontractors be served with any summons, complaint, subpoena, notice of deposition, request for documents, interrogatories, request for admissions or other discovery request, court order or subpoena from any party regarding this Agreement and the work performed there under. City retains the right, but has no obligation, to represent Consultant or be present at any deposition, hearing or similar 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.

16 ARTICLE 7. ENFORCEMENT OF AGREEMENT AND TERMINATION

7.1 California Law.

This Agreement shall be interpreted, construed and governed both as to validity and to performance of the parties in accordance with the laws of the State of California. Legal actions concerning any dispute, claim or matter arising out of or in relation to this Agreement shall be instituted in the Superior Court of the County of Los Angeles, State of California, or any other appropriate court in such county, and Consultant covenants and agrees to submit to the personal jurisdiction of such court in the event of such action. In the event of litigation in a U.S. District Court, venue shall lie exclusively in the Central District of California, in the County of Los Angeles, State of California.

7.2 Disputes; D
efault.

In the event that Consultant is in default under the terms of this Agreement, the City shall not have any obligation or duty to continue compensating Consultant for any work performed after the date of default. Instead, the City may give notice to Consultant of the default and the reasons for the default. The notice shall include the timeframe in which Consultant may cure the default.

This timeframe is presumptively thirty (30) days, but may be extended, though not reduced, if circumstances warrant. During the period of time that Consultant is in default, the City shall hold all invoices and shall, when the default is cured, proceed with payment on the i nvoices. In the alternative, the City may, in its sole discretion, elect to pay some or all of the outstanding invoices during the period of default. If Consultant does not cure the default, the City may take necessary steps to terminate this Agreement under this Article. Any failure on the part of the City to give notice of the Consultant's default shall not be deemed to result in a waiver of the City's legal rights or any rights arising out of any provision of this Agreement.

7.3 Retention of Funds.

Consultant hereby authorizes City to deduct from any amount payable to Consultant (whether or not arising out of this Agreement) (i) any amounts the payment of which may be in dispute hereunder or which are necessary to compensate City for any losses, cost s, liabilities, or damages suffered by City, and (ii) all amounts for which City may be liable to third parties, by reason of Consultant's acts or omissions in performing or failing to perform Consultant's obligation under this Agreement. In the event that any claim is made by a third party, the amount or validity of which is disputed by Consultant, or any indebtedness shall exist which shall appear to be the basis for a claim of lien, City may withhold from any payment due, without liability for interest because of such withholding, an amount sufficient to cover such claim. The failure of City to exercise such right to deduct or to withhold shall not, however, affect the obligations of the Consultant to insure, indemnify, and protect City as elsewhere provided herein.

7.4 Waiver.

Waiver by any party to this Agreement of any term, condition, or covenant of this Agreement shall not constitute a waiver of any other term, condition, or covenant. Waiver by any party of any breach of the provisions of this Agreement shall not constitute a waiver of any other

17 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 patty.

7.6 Legal Act
ion.

In addition to any other rights or remedies, either party may take legal action, in law or in equity, to cure, correct or remedy any default, to recover damages for any default, to compel specific performance of this Agreement, to obtain declaratory or injunctive relief, or to obtain any other remedy consistent with the purposes of this Agreement. Notwithstanding any contrary provision herein, Consultant shall file a statutory claim pursuant to Government Code Sections 905 et seq. and 910 et seq., in order to pursue a legal action under this Agreement.

7.7 Termination Pr
ior to Expiration of Term.

This Section shall govern any termination of this Contract except as specifically provided in the following Section for termination for cause. The City reserves the right to terminate this Contract at any time, with or without cause, upon thirty (30) days' written notice to Consultant, except that where termination is due to the fault of the Consultant, the period of notice may be such shorter time as may be determined by the Contract Officer. In addition, the Consultant reserves the right to terminate this Contract at any time, with or without cause, upon sixty (60) days' written notice to City, except that where termination is due to the fault of the City, the period of notice may be such shorter time as the Consultant may determine. Upon receipt of any notice of termination, Consultant shall immediately cease all services hereunder except such as may be specifically approved by the Contract Officer. Except where the Consultant has initiated termination, the Consultant shall be entitled to compensation for all services rendered prior to the effective date of the notice of termination and for any services authorized by the Contract Officer thereafter in accordance with the Schedule of Compensation or such as may be approved by the Contract Officer, except as provided in Section 7.3. In the event the Consultant has initiated termination, the Consultant shall be entitled to compensation only for the reasonable value of the work product actually produced hereunder. In the event of termination without cause pursuant to this Section, the terminating party need not provide the non-terminating party with the opportunity to cure pursuant to Section 7.2.

18 7.8 Termination for Default of Consultant.

If termination is due to the failure of the Consultant to fulfill its obligations under this Agreement, City may, after compliance with the provisions of Section 7.2, take over the work and prosecute the same to completion by contract or otherwise, and the Consultant shall be liable to the extent that the total cost for completion of the services required hereunder exceeds the compensation herein stipulated (provided that the City shall use reasonable efforts to mitigate such damages), and City may withhold any payments to the Consultant for the purpose of set -off or partial payment of the amounts owed the City as previously stated.

7.9 Attorneys' Fees.

If either party to this Agreement is required to initiate or defend or made a party to any action or proceeding in any way connected with this Agreement, the prevailing party in such action or proceeding, in addition to any other relief which may be granted, whether legal or equitable, shall be entitled to reasonable attorney's fees. Attorney's fees shall include attorney's fees on any appeal, and in addition a party entitled to attorney's fees shall be entitled to all other reasonable costs for investigating such action, taking depositions and discovery and all other necessary costs the court allows which are incurred in such litigation. All such fees shall be deemed to have accrued on commencement of such action and shall be enforceable whether or not such action is prosecuted to judgment.

ARTICLE 8. CITY O
FFICERS AND EMPLOYEES: NON-DISCRIMINATION

8.1 Non-liability of City Officers and Employees.

No officer or employee of the City shall be personally liable to the Consultant, or any successor in interest, in the event of any default or breach by the City or for any amount which may become due to the Consultant or to its successor, or for breach of any obligation of the terms of this Agreement.

8.2 Conflict of Inte rest.

Consultant covenants that neither it, nor any officer or principal of its firm, has or shall acquire any interest, directly or indirectly, which would conflict in any manner with the interests of City or which would in any way hinder Consultant's performance of services under this Agreement. Consultant further covenants that in the performance of this Agreement, no person having any such interest shall be employed by it as an officer, employee, agent or subcontractor without the express written consent of the Contract Officer. Consultant agrees to at all times avoid conflicts of interest or the appearance of any conflicts of interest with the interests of City in the performance of this Agreement.

No officer or employee of the City shall have any financial interest, direct or indirect, in this Agreement nor shall any such officer or employee participate in any decision relating to the Agreement which affects her/his financial interest or the financial interest of any corporation, partnership or association in which (s)he is, directly or indirectly, interested, in violation of any

19 State statute or regulation. The Consultant warrants that it has not paid or given and will not pay or give any third party any money or other consideration for obtaining this Agreement.

8.3 Covenant Against Discrimination.

Consultant covenants that, by and for itself, its heirs, executors, assigns, and all persons claiming under or through them, that there shall be no discrimination against or segregation of, any person or group of persons on account of race, color, creed, religion, sex, gender, sexual orientation, marital status, national origin, ancestry or other protected class in the performance of this Agreement. Consultant shall take affirmative action to insure that applicants are employed and that employees are treated during employment without regard to their race, color, creed, religion, sex, gender, sexual orientation, marital status, national origin, ancestry or other protected class.

8.4 Unauthorized Aliens.

Consultant hereby promises and agrees to comply with all of the provisions of the Federal Immigration and Nationality Act, 8 U.S.C. § 1101 et seq., as amended, and in connection therewith, shall not employ unauthorized aliens as defined therein. Should Consultant so employ such unauthorized aliens for the performance of work and/or services covered by this Agreement, and should any liability or sanctions be imposed against City for such use of unauthorized aliens, Consultant hereby agrees to and shall reimburse City for the cost of all such liabilities or sanctions imposed, together with any and all costs, including attorneys' fees, incurred by City.

ARTICLE 9. MISCELLANEOUS PROVISIONS

9.1 Notices.

Any notice, demand, request, document, consent, approval, or communication either party desires or is required to give to the other party or any other person shall be in writing and either served personally or sent by prepaid, fust-class mail, in the case of the City, to the City Manager and to the attention of the Contract Officer (with her/his name and City title), City of Bell, 6330 Pine Avenue, Bell, California 90201 and in the case of the Consultant, to the person(s) at the address designated on the execution page of this Agreement. Either party may change its address by notifying the other party of the change of address in writing. Notice shall be deemed communicated at the time personally delivered or in seventy-two (72) hours from the time of mailing if mailed as provided in this Section.

9.2 Interpretation.

The terms of this Agreement shall be construed in accordance with the meaning of the language used and shall not be construed for or against either party by reason of the authorship of this Agreement or any other rule of construction which might otherwise apply.

9.3 Counterparts.

This Agreement may be executed in counterparts, each of which shall be deemed to be an original, and such counterparts shall constitute one and the same instrument.

20 9.4 Integration; Amendment.

This Agreement including the attachments hereto is the entire, complete and exclusive expression of the understanding of the parties. It is understood that there are no oral agreements between the parties hereto affecting this Agreement and this Agreement supersedes and cancels any and all previous negotiations, arrangements, agreements and understandings, if any, between the parties, and none shall be used to interpret this Agreement. No amendment to or modification of this Agreement shall be valid unless made in writing and approved by the Consultant and by the City Council. The parties agree that this requirement for written modifications cannot be waived and that any attempted waiver shall be void.

9.5 Severability
In the event that any one or more of the phrases, sentences, clauses, paragraphs, or sections contained in this Agreement shall be declared invalid or unenforceable by a valid judgment or decree of a court of competent jurisdiction, such invalidity or unenforceability shall not affect any of the remaining phrases, sentences, clauses, paragraphs, or sections of this Agreement which are hereby declared as severable and shall be interpreted to carry out the intent of the parties hereunder unless the invalid provision is so material that its invalidity deprives either party of the basic benefit of their bargain or renders this Agreement meaningless.

9.6 Warranty & Representation of Non-Collusion.

No official, officer, or employee of City has any financial interest, direct or indirect, in this Agreement, nor shall any official, officer, or employee of City participate in any decision relating to this Agreement which may affect his/her financial interest or the financial interest of any corporation, partnership, or association in which (s)he is directly or indirectly interested, or in violation of any corporation, partnership, or association in which (s)he is directly or indirectly interested, or in violation of any State or municipal statute or regulation. The determination of "financial interest" shall be consistent with State law and shall not include interests found to be "remote" or "noninterests" pursuant to Government Code Sections 1091 or 1091.5. Consultant warrants and represents that it has not paid or given, and will not pay or give, to any third party including, but not limited to, any City official, officer, or employee, any money, consideration, or other thing of value as a result or consequence of obtaining or being awarded any agreement.

Consultant further warrants and represents that (s)he/it has not engaged in any act(s), omission(s), or other conduct or collusion that would result in the payment of any money, 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 ____

21 9.7 . Corporate Authority.

The persons executing this Agreement on behalf of the parties hereto warrant that (i) such party is duly organized and existing, (ii) they are duly authorized to execute and deliver this Agreement on behalf of said party, (iii) by so executing this Agreement, such party is formally bound to the provisions of this Agreement, and (iv) that entering into this Agreement does not violate any provision of any other Agreement to which said party is bound. This Agreement shall be binding upon the heirs, executors, administrators, successors and assigns of the parties. [SIGNATURES ON FOLLOWING PAGE]

TO BE INSERTED BY CITY

A-1
EXIBIT "A" SCOPE OF SERVICES
I. Consultant will perform the following redevelopment dissolution and successor agency advisory services (the "Services"):

A. Task 1: Implementation Agreements.

1. Development Pl anning and Analysis: Consultant shall provide development planning and analysis for specific project undertakings. This includes but is not limited to, preparing a Design for Development for adoption by the City that sets the basic parameters for the proposed development. The options available to the City for development of a specific site shall be analyzed to determine the optimal outcome and a recommended project.

2. Development Pro Forma Analysis and Negotiations: Consul tant shall
provide project financial pro formas for potential projects t:o assist the City in determining the financial viability of a project and determine the degree of participation which may be required by the City. Consultant shall also assist with developer negotiations, as needed.

3. Agreement Preparation: C
onsultant shall assist City staff and legal counsel
in the drafting of agreements, including but not limited to, Disposition and.

Development Agreements or Owner Participation Agreements. These agreements shall outline the responsibilities of both the proposed owner or developer, and the City.

4. Agreement Pro cessing: Consultant shall prepare back-up materials, agenda staff report, and summary report, as required and in compliance with redevelopment law, and assure that proper noticing and hearings are held in conformance with the law.

B. Task

2. Real Estate Services.

1. Property Management: Consul tant shall provide property management services for City-owned properties, as requested by the Contract Officer.

2. Property Acquisition and Negotiations: Consul tant shall provide property acquisition and negotiation services often needed in implementation programs. Consultant shall provide all services in conformance with State guidelines regulating the acquisition of properties by public entities.

A-2

3. Relocation: Consultant does not provide relocation services. However, Consultant shall contract with, and oversee the work of other specialty relocation consultants and therefore, can continue to provide this service.

C. Task

3. City Administration

1. Agenda Materials: Consul tant shall draft resolutions, reports, notices, plans, agenda staff reports, and back-up materials as requested by City staff.

2. Meetings: Consul tant shall be available to attend meetings of the City Council, the Successor Agency, Oversight Board, Housing Authority, Planning Commission, project advisory committees, and meetings with property owners and residents, as requested.

3. General Administrative Services: Co
nsultant shall assist the City with all
other administrative matters on an as-needed basis. These services include, but are not limited to, assisting with City filing document control systems, providing specialized services related to real estate appraisals, acquisition negotiations, relocation, market analysis, detailed development analysis or goodwill appraisals. Consultant may not directly provide all of these services but shall assist by identifying those consultants who have experience in the necessary areas of expertise and coordinating the provision of their services.

D. Task 4. Spe
cial Project Activities.

1. Economic Development Strategies: Econ omic Development Strategic Plans are important for addressing public infrastructure deficiencies, land use issues, business retention/attractions programs, streetscape programs and other projects that could be impacting business growth within the City.

Consultant shall prepare Economic Development Strategic Plans, as requested.

2. Cost Benefit Analysis/Economic Im
pact Analyses: Consultant shall aid the
City in analyzing the costs and benefits of specific development proposals targeting specific users and shall help create an economic development program which is beneficial to the local tax base. Implementation of redevelopment plans should be accomplished in such a way as to promote economic stability and future revenue flow to the City and other taxing entities.

3. Specific Project Activities: Consul
tant shall analyze specific projects,
develop schedules and budgets, and prepare necessary documentation.

A-3
E. Task 5. Administrative Services.

1. Budget and Cash Flow Model: Consul tant shall develop and maintain a budget and cash flow model. Consultant shall also develop, maintain, and adjust, as needed, a working cash flow model for the City's Successor Agency to anticipate any future budget needs.

2. Annual ROPS and Administrative Budget: Consul
tant shall review and
complete annual Recognized Obligation Payment schedule ("ROPS") and Accompanying Administrative Budget for fiscal years 2025-2026, 2026- 2027, 2027-2028 and 2028-2029. This includes, but is not limited to, the following:

i.. The City's Successor Agency is required to submit a ROPS to the Oversight Board and Department of Finance annually. Consultant shall review the preliminary ROPS submitted for fiscal year 2024- 2025 on behalf of, and in consultation with, the City's Successor Agency for submittal to the Oversight Board. Consultant shall prepare the ROPS for the following fiscal years, 2025-2026 and 2026-2027, on behalf of, and in consultation with, the City's Successor Agency for submittal to the Oversight Board. Should an issue arise during the Department of Finance review of the ROPS, Consultant shall, assist the City's Successor Agency in drafting a meet and confer request and shall attend any subsequent meeting.

ii.. The City's Successor Agency is required to prepare and submit an annual administrative budget supporting the use of the annual administrative allowance allowed by law. Consultant shall review and advise on the draft annual administrative budget for fiscal year 2025-2026 on behalf of, and in consultation with, the City's Successor Agency. The City's Successor Agency is allowed to amend its annual ROPS once during the period. Consultant will assist the City's Successor Agency amend its annual ROPS, if requested by City at no additional cost.

3. City Loan Repayment
and Enforceable Debt Obligation: The City's Successor
Agency will continue to seek repayment on one housing fund deferral and an enforceable debt obligation. Consultant shall calculate annual payment amounts in accordance with laws governing City loan repayments.

4. Meetings: Consultants shall be available to the City's Successor Agency should they need assistance at any Successor Agency or Oversight Board meetings on an as needed basis.

5. Additional Services: Cons
ultant shall assist the City's Successor Agency
with any additional administrative tasks on an as needed basis.

A-4
II. As part of the Services, Consultant will prepare and deliver the following tangible work products to the City:

A. A working cash flow model for the Successor Agency to anticipate any future budget needs;

B. Review the prepared ROPS for fiscal year 2024-2025;

C. Prepare ROPS for fiscal years 2025-2026, 2026-2027, 2027-2028 and 2028-2029;

D. Review the annual administrative budget for fiscal year 2024-2025;

E. An annual administrative budget for fiscal years 2025-2026, 2026–2027, 2027-2028 and 2028-2029;

F. City loan repayment documentation, as necessary; and

G. Property disposition documentation, as necessary.

III. In addition to the requirements of Section 6.2, during performance of the Services, Consultant will keep the City appraised of the status of perfo1mance by delivering the following status reports:

A. Written updates on new legislation affecting the dissolution process. Updates shall be provided within sixty (60) days of any legislative actions; and

B. An annual report that summarizes the upcoming fiscal year's obligation payment schedule prior to the Oversight Boards review and submittal of the fiscal year ROPS to the Department of Finance.

IV. All work product is subject to review and acceptance by the City, and must be revised by the Consultant without additional charge to the City until found satisfactory and accepted by City.

V. Consultant will utilize the following personnel to accomplish the Services:

A. John Yonai, Principal/Partner

B. Rose Acosta Yonai, Principal/Partner

C. Louis Morales, Director

D. Jason Chiang, Senior Associate

E. Lauren Yonai, Senior Analyst

F. Jane McFarren, Senior Analyst

G. Rob Hoffman, Analyst

B-1
EXHIBIT "B"

SPECIAL REQUIREMENTS
(Superseding Contract Boilerplate)
[INTENTIONALLY LEFT BLANK]

C-1 01135.0010/556993.1
EXHIBIT "C"

SCHEDULE OF COMPENSATION

I. The annual compensation for the ROPS related services shall not exceed $32,000 (Thirty- Two Thousand Dollars). "), unless additional compensation is approved pursuant to Section 1.9.

II. 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.

III. The total compensation for the Services shall not exceed the Contract Sum as provided in Section 2.1 of this Agreement for ROPS related services, unless additional compensation is approved pursuant to Section 1.9.

IV. The Consultant's billing rates for all personnel are attached as Exhibit C-1.

V. If the City extends the term of the Agreement, as provided in Exhibit D, Section III, the hourly rates shall be adjusted by CPI.

C-2
EXHIBIT "C-1"

BILLING RATES

CLASSIFICATION HOURLY RATE
Principal $225
Director $210
Senior Associate $185
Associate $165
Senior Analyst $145
Analyst $135
Research Assistant/Technician $115
Word Processor $85
Clerical $70

EXIDBIT "D"

SCHEDULE OF PERFORMANCE
I. Consultant shall perform all services timely as provided below. If no time frame is specified, Consultant shall comply with the deadlines established by the Contract Officer:

A. The working cash flow model for the City's Successor Agency to anticipate any future budget needs is due no later than January 15th of each fiscal year;

B. The ROPS no later than January 15th of each fiscal year;

C. An annual administrative budget for fiscal year due no later than January 15th of each fiscal year;

D. An annual administrative budget is due no later than January 15th of each fiscal year;

E. City loan repayment documentation, as necessary and as directed by the Contract Officer; and

F. Property disposition documentation, as necessary and as directed by the Contract Officer.

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 2028-2029 fiscal year. At the City's sole and absolute discretion, the City may extend the term for two (2) additional one-year fiscal years.

D-1

AGENDA ITEM 6
D
ATE: September 25, 2024
TO
: Mayor and Members of the City Council
F
ROM: Manuel Acosta, Community Development Director
PR
EPARED
BY: Valentin Flores, Senior Economic Development Specialist APPR
OVED Michael L. Antwine II (e-signature)
BY: __________________________________
Michael L. Antwine II, City Manager
SU
BJECT: Professional Service Agreement with Tierra West Advisors, Inc. (“Tierra West ”) to prepare and conduct annual housing reports. One for the Housing Authority Annual Report and one for the Housing Successor Annual Report. Reports will be completed for the following four (4) fiscal years of the Housing Authority and Housing Successor for FY 2020-2021, 2021-2022, 2022-2023, 2023-2024 (“FYs 2020-2024") RECOMMENDATION:

It is recommended that the City Council approve the Professional Service Agreement with Tierra West to prepare Annual Housing Reports.

BACKGROUND:

The Housing Authority is required to file a Housing Authority Annual Report by October 1st to the California Department of Housing and Community Development (“HCD”). This report is mandated by the Health & Safety Code (“HSC”) Sections 34328 and 34328.1. The following information is requested to be included:

1. A
complete report of activities taken during Fiscal Years 2020-2024, including those permitted by HSC Section 34312.3 such as:
o Bonds for multifamily rental housing
o Loans for multifamily rental housing
o Financing agreements for multifamily rental housing
o Develop, rehabilitate, or finance housing projects
o Purchase, sell, lease, own, operate, or manage housing projects assisted by the housing authority
o Convey surplus lands to a developer for permitted purposes o Establish a special trust fund or account funded with bond issuance proceeds or developer contributions for assisting housing units for very low-income persons

2. A
description of how the Housing Authority complies with the requirements of HSC Section 34312.3, including:

City of Bell
Agenda Report

AGENDA ITEM 6

o Providing the minimum number of housing units affordable to lower income households in housing projects assisted by the Housing Authority
o Establishing maximum rental payments for lower income households pursuant to State and Federal requirements

3. In addition to Items 1 and 2 above, the Annual Report is to include:
o Data of termination of domestic violence tenancies or Section 8 voucher terminations as in Housing Authority units, if any
o Brief summary of steps taken by the authority to address termination of tenancies resulting from domestic violence

As the Housing Successor to the former Bell Redevelopment Agency, the Housing Authority is required to file a Housing Successor Annual Report by December 31 annually. The report is required by HSC Section 34176.1(f), which was enacted by Senate Bill 341 in 2014, and is requested to include the following information for each Fiscal Year:

o The amount deposited into the Low and Moderate Income Housing Asset Fund (“Housing Asset Fund”)
o A statement of the balance of the Housing Asset Fund
o A description of expenditures by category
o The statutory value of real property
o A description of transfers
o A description of projects that receive funding through the Recognized Obligation Payment Schedule, if any
o The status of properties transferred on the Housing Asset Transfer form o An update on the inclusionary and replacement housing obligation o Compliance with expenditures by income level and other categories o The percentage of senior deed-restricted units
o The amount of excess surplus
o An inventory of homeownership units assisted by the former redevelopment agency

A copy or website link to the City’s audited financial statements that audit the Housing Asset Fund should be submitted with the report. The Housing Successor Annual Report is required to be presented to the Housing Authority Board (City Council) and posted on the City’s website.

DISCUSSION:

The City initially started the process to complete the two (2) fiscal reports, The Housing Authority Annual Report, and the Housing Successor Annual Report to the Former Bell Redevelopment Agency in 2020 for the 2019-2020 fiscal year. However, due to significant research time required to review the housing information for both Reports with City Community Development and Finance staff, the outbreak of Covid , and reduction of staffing, the initial reports for 2019- 2020 were not completed in its entirety. The 2019-2020 fiscal reports are now being completed under City Managers approval and contract authority for one (1) fiscal year.

The City must also complete the Housing Authority Annual Report and the Housing Successor Annual Report to the Former Bell Redevelopment Agency for the fiscal years it did not previously complete. The following Fiscal years 2020 -2021, 2021- 2022, 2022- 2023 and 2023 -2024 are currently outstanding and will be completed as part of this contract.

AGENDA ITEM 6

In addition to the Annual Fiscal reports, Tierra West is available to provide as needed advisory services to ensure the Housing Authority is meeting its requirements under HSC Section 34312.3.

Such as 20 percent of units assisted by the Housing Authority are to be affordable to persons of low income, and at least 50 percent of units financed by Housing Authority bonds issued on or after 1986 are to be affordable to households of very low income. If a tenant’s income exceeds the maximum very low- or low-income requirement, they may remain at the property. However, newly leased units must be occupied by very low- or low-income tenants until the 20 percent and 50 percent criteria are met. Tierra West is available to assist staff with recertifying new tenant incomes or existing Housing Authority units. Previously, the Authority owned 12 apartment properties, 2 single-family properties, and 3 mobile home parks/homes with 409 units.

If the Agreement is approved, Tierra West will proceed with the preparation of the four (4) fiscal years of Housing Authority Annual Report s and the Housing Successor Annual Reports to the Former Bell Redevelopment Agency . The Cost of each fiscal year for the two (2) reports, Housing Authority Annual Report and the Housing Successor Annual Report to the Former Bell Redevelopment Agency is $20,000 per fiscal year. The total contract, excluding any additional requested services, is $80,000 for the four (4) fiscal years the City needs to complete.

FISCAL IMPACT:

The annual fiscal impact for each fiscal year is $20,000 for a total of $80,000 for all four (4) years.

These costs will be paid by the Bell Community Housing Authority Fund.

ATTACHMENTS:

1. Professional Services Agreement

2. Tierra West Proposal

01135.0013/1017180.3 1

AMENDED AND RESTATED

CONTRACT SERVICES AGREEMENT

By and Between

CITY OF BELL

and

TIERRA WEST ADVISORS, INC.

01135.0013/1017180.3

AMENDED AND RESTATED

AGREEMENT FOR CONTRACT SERVICES

BETWEEN THE CITY OF BELL AND
TIERRA WEST ADVISORS, INC.

THIS AGREEMENT FOR CONTRACT SE RVICES (herein “Agreement”) is made and entered into this _____ day of __________________, 2024 by and between the City of Bell, a California charter city (“City”) and Tierra West Advisors, Inc. , a California corporation (“Consultant”). City and Consultant may be referred to, individually or collectively, as “Party” or “Parties.”

RECITALS
A. City requires professional housing consultant services.

B. Consultant has demonstrated expertise in housing consultant services and is qualified to provide the professional services required by the City.

C. Pursuant to the City ’s Municipal Code section 3.12.060, all contracts of the City for the purchase of materials, supplies, equipment, or services of an aggregate annual value equal to or exceeding $25,000 shall be aw arded after compliance with the sealed bid procedures contained in this section. “Materials, supplies, equipment, and services ” include all personal property and services, except professional services, procured by the City.

D. Housing consultant services are professional services due to the high degree of skill required to perform, therefore, the City is not required to satisfy the sealed bid procedures contained in section 3.12.060 of the City’s Municipal Code.

E. City and Consultant entered into that ce rtain Agreement for Contractual Services dated September 26, 2019 whereby Consultant agreed to provide housing consultant services.

F. Since the September 2019 Agreement expired by its own terms on September 26, 2024, the City and Consultant have been nego tiating the terms and conditions under which Consultant would continue to provide professional services to the City.

G. The Parties now wish to enter into an Amended and Restated Agreement for Contract Services 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 mutu al 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

01135.0013/1017180.3 2

1.1 Scope of Services.

In compliance with all terms and co nditions 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 as though fully set forth herein. In the event of any inconsistency between the terms of such proposal and this Agreement, the terms of this Agreement shall govern.

1.3 Compliance with Law.

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

1.4 Licenses, Permits, Fees and Assessments.

Consultant shall obtain at its sole cost and expense such licenses, permits and approvals as may be required by law for the performance of the services required by this Agr eement.

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 t his Agreement, and shall indemnify, defend and hold harmless City , its officers, employees or agents of City, against any such fees, assessments, taxes , penalties or interest levied, assessed or imposed against City hereunder.

1.5 Familiarity with Work.

By ex ecuting this Agreement, Consultant warrants that Consultant (i) has thoroughly investigated and considered the scope of services to be performed, (ii) has carefully considered how the services should be performed, and (iii) fully understands the facilities , difficulties and

01135.0013/1017180.3 3
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 conditi ons 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 f act and shall not proceed except at Consultant’s risk until written instructions are received from the Contract Officer.

1.6 Care of Work.

The Consultant shall adopt reasonable methods during the life of the Agreement to furnish continuous protection to the wo rk, and the equipment, materials, papers, documents, plans, studies and/or other components thereof to prevent losses or damages, and shall be responsible for all such damages, to persons or property, until acceptance of the work by City, except such losses or damages as may be caused by City’s own negligence.

1.7 Further Responsibilities of Parties.

Both parties agree to use reasonable care and diligence to perform their respective obligations under this Agreement. Both parties agree to act in good faith to ex ecute all instruments, prepare all documents and take all actions as may be reasonably necessary to carry out the purposes of this Agreement. Unless hereafter specified, neither party shall be responsible for the service of the other.

1.8 Additional Services.

City shall have the right at any time during the performance of the services, without invalidating this Agreement, to order extra work beyond that specified in the Scope of Services or make changes by altering, adding to or deducting from said work. No such extra work may be undertaken unless a written order is first given by the Contract Officer to the Consultant, incorporating therein any adjustment in (i) the Contract Sum for the actual costs of the extra work, and/or (ii) the time to perform this Agreem ent, 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 specifi cally set forth in the Scope of Services. Consultant hereby acknowledges that it accepts the risk that the services to be provided pursuant to the Scope of Services may be more costly or time consuming than Consultant anticipates and that Consultant shall not be entitled to additional compensation therefor. City may in its sole and absolute discretion have similar work done by other Consultants. No claims for an increase in the Contract Sum or time for performance shall be valid unless the procedures established in this Section are followed.

1.9 Special Requirements.

01135.0013/1017180.3 4
Additional terms and conditions of this Agreement, if any, which are made a part hereof are set forth in the “Special Requirements ” attached hereto as Exhibit “B” and incorporated herein by this reference. In the event of a conflict between the provisions of Exhibit “B” and any other provisions of this Agreement, the provisions of Exhibit “B” shall govern.

ARTICLE 2. COMPENSATION AND METHOD OF PAYMENT.

2.1 Contract Sum.

Subject to any limitations set forth in this Agreement, City agrees to pay Consultant the amounts specified in the “Schedule of Compensation ” attached hereto as Exhibit “C” and incorporated herein by this reference. The total compensation, including reimbursement for actual expenses, shall not excee d Eighty Thousand Dollars ($80,000.00) (the “Contract Sum”), unless additional compensation is approved pursuant to Section 1.8.

2.2 Method of Compensation.

The method of compensation may include: (i) a lump sum payment upon completion ; (ii) payment in accordance with specified tasks or the percentage of completion of the services, less contract retention; (iii) payment for time and materials based upon the Consultant’s rates as specified in the Schedule of Compensation, provided that (a) time estimates are provided for the performance of sub tasks , (b) contract retention is maintained, and (c) the Contract Sum is not exceeded; or (iv) such other methods as may be specified in the Schedule of Compensation.

2.3 Reimbursable Expenses.

Compensation may include reimb ursement 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 s pecified 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 serv ices. 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 in voice 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 Agreem ent. 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.

01135.0013/1017180.3 5
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 i ts 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 paymen t 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 Consul tant 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 servi ces within the time period(s) established in the “Schedule of Performance ” attached hereto as Exhibit “D” and incorporated herein by this reference. When requested by the Consultant, extensions to the time period(s) specified in the Schedule of Performance may be approved in writing by the Contract Officer but not exceeding one hundred eighty (180) days cumulatively.

3.3 Force Majeure.

The time period(s) specified in the Schedule of Performance for performance of the services rendered pursuant to this Agreement shall be extended because of any delays due to unforeseeable causes beyond the control and without the fault or negligence of the Consultant, including, but not restricted to, acts of God or of the public enemy, unusually severe weather, fires, earthquake s, floods, epidemics, quarantine restrictions, riots, strikes, freight embargoes, wars, litigation, and/or acts of any governmental agency, including the City, if the Consultant shall within ten (10) days of the commencement of such delay notify the Contract Officer in writing of the causes of the delay. The Contract Officer shall ascertain the facts and the extent of delay, and extend the time for performing the services for the period of the enforced delay when and if in the judgment of the Contract Offic er such delay is justified. The Contract Officer ’s determination shall be final and conclusive upon the parties to this Agreement. In no event shall Consultant be entitled to recover damages against the City for any delay in the performance of

01135.0013/1017180.3 6
this Agreement, however caused, Consultant’s sole remedy being extension of the Agreement pursuant to this Section.

3.4 Term.

Unless earlier terminated in accordance with Article 7 of this Agreement, this Agreement shall continue in full force and effect until completion of the services but not exceeding one (1) year from the date hereof, except as otherwise provided in the Schedule of Performance ( Exhibit “D”). The City may, in its sole discretion, extend the Term for two (2) additional one-year terms.

ARTICLE 4. COORDINATION OF WORK

4.1 Representatives and Personnel of Consultant.

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

John Yonai Principal/Partner
(Name) (Title)

Rose Acosta-Yonai Principal/Partner
(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 pe rsonally 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 replac ed 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 subcontrac tors, 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 th at Consultant or any of Consultant’s officers, employees, or agents are in any manner officials, officers,

01135.0013/1017180.3 7
employees or agents of City. Neither Consultant, nor any of Consultant’s officers, employees or agents, shall obtain any rights to retirement, health care or any other benefits which may otherwise accrue to City ’s employees. Consultant expressly waives any claim Consultant may have to any such rights.

4.3 Contract Officer.

The Contract Officer shall be Community Development Director Manuel Acosta, Finance Director Rickey Manbahal, 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 w riting by the City Manager, to sign all documents on behalf of the City required hereunder to carry out the terms of this Agreement.

4.4 Independent Consultant.

Neither the City nor any of its employees shall have any control over the manner, mode or means by which Consultant, its agents or employees, perform the services required herein, except as otherwise set forth herein. City shall have no voice in the selection, discharge, supervision or control of Consultant’s employees, servants, representatives or agents, or in fixing their number, compensation or hours of service. Consultant shall perform all services required herein as an independent contractor of City and shall remain at all times as to City a wholly independent contractor with only such obligations as are consistent with that role. Consultant shall not at any time or in any manner represent that it or any of its agents or employees are agents or employees of City. City shall not in any way or for any purpose become or be deemed to be a partner of Consultant in its business or otherwise or a joint venturer or a member of any joint enterprise with Consultant.

4.5 Prohibition Against Subcontracting or Assignment.

The experience, knowledge, capability and reputation of Consultant, its principals and employees were a substantial inducement for the City to enter into this Agreement. Therefore, Consultant shall not contract with any other entity to perform in whole or in part the services required hereunder without the express written approval of the City. In ad dition, neither this Agreement nor any interest herein may be transferred, assigned, conveyed, hypothecated or encumbered voluntarily or by operation of law, whether for the benefit of creditors or otherwise, without the prior written approval of City. Transfers restricted hereunder shall include the transfer to any person or group of persons acting in concert of more than twenty five percent (25%) of the present ownership and/or control of Consultant, taking all transfers into account on a cumulative basis . In the event of any such unapproved transfer, including any bankruptcy proceeding, this Agreement shall be void. No approved transfer shall release the Consultant or any surety of Consultant of any liability hereunder without the express consent of City.

ARTICLE 5. INSURANCE AND INDEMNIFICATION

01135.0013/1017180.3 8

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 t his Agreement, policies of insurance of the type and amounts described below and in a form satisfactory to City.
(a) General liability insurance . Consultant shall maintain commercial general liability insurance with coverage at least as broad as Insurance Services Office form CG 00 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 damage. The policy must include contractual liability that has not been amended. Any endors ement restricting standard ISO “insured contract” language will not be accepted.
(b) Automobile liability insurance . Consultant shall maintain automobile insurance at least as broad as Insurance Services Office form CA 00 01 covering bodily injury and prop erty 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 singl e limit for each accident.
(c) Professional liability (errors & omissions) insurance . Consultant shall maintain professional liability insurance that covers the Services to be performed in connection with this Agreement, in the minimum amount of $1,000,000 per claim and in the aggregate. Any policy inception date, continuity date, or retroactive date must be before the effective date of this Agreement and Consultant agrees to maintain continuous coverage through a period no less than three (3) years after completion of the services required by this Agreement. (d) Workers’ compensation insurance . Consultant shall maintain Workers’ Compensation Insurance (Statutory Limits) and Employer’s Liability Insurance (with limits of at least $1,000,000).
(e) Subcontractors. Consultant shall include all subcontractors as insureds under its policies or shall furnish separate certificates and certified endorsements for each subcontractor. All coverages for subcontractors shall include all of the requirements stated herein.
(f) Additional Insurance. Policies of such other insurance, as may be required in the Special Requirements in Exhibit “B”.

5.2 General Insurance Requirements.
(a) Proof of insurance . Consultant shall provide certificates of insurance to City as evidence of the insurance coverage required herein, along with a waiver of subrogation endorsement for workers’ compensation. Insurance certificates and endorsements must be approved by City’s Risk Manager prior to commencement of performance. Current certification of insurance shall be kept on file with City at all times during the term of this Agreement. City

01135.0013/1017180.3 9
reserves the right to require complete, certified copies of all required insurance policies, at any time.
(b) Duration of coverage . Consultant shall procure an d maintain for the duration of this Agreement insurance against claims for injuries to persons or damages to property, which may arise from or in connection with the performance of the Services hereunder by Consultant, its agents, representatives, employees or subconsultants. (c) Primary/noncontributing. Coverage provided by Consultant shall be primary and any insurance or self-insurance procured or maintained by City shall not be required to contribute with it. The limits of insurance required herein may be satisfied by a combination of primary and umbrella or excess insurance. Any umbrella or excess insurance shall contain or be endorsed to contain a provision that such coverage shall also apply on a primary and non - contributory basis for the benefit of C ity 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 i s canceled and not replaced, City has the right but not the duty to obtain the insurance it deems necessary and any premium paid by City will be promptly reimbursed by Consultant or City will withhold amounts sufficient to pay premium from Consultant payments. In the alternative, City may cancel this Agreement. (e) Acceptable insurers. All insurance policies shall be issued by an insurance company currently authorized by the Insurance Commissioner to transact business of insurance or that is on the List of Approved Surplus Line Insurers in the State of California, with an assigned policyholders’ Rating of A- (or higher) and Financial Size Category Class VI (or larger) in accordance with the latest edition of Best’s Key Rating Guide, unless otherwise approved by the City’s Risk Manager.
(f) Waiver of subrogation . All insurance coverage maintained or procured pursuant to this agreement shall be endorsed to waive subrogation against City, its elected or appointed officers, agents, officials, employees and volunt eers 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 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 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

01135.0013/1017180.3 10
coverage, or a waiver of any type. If the Consultant maintains higher limits than the minimums shown above, the City requires and shall be entitled to coverage for the higher limits maintained by the Consultant. Any available insurance proceeds in excess of the specified minimum limits of insurance and coverage shall be available to the City. (i) Notice of cancellation . Consultant agrees to oblige its insurance agent or broker and in surers 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 shal l provide or be endorsed to provide that City and its officers, officials, employees, and agents, and volunteers shall be additional insureds under such policies. This provision shall also apply to any excess/umbrella liability policies.
(k) Prohibition of undisclosed coverage limitations . None of the coverages required herein will be in compliance with these requirements if they include any limiting endorsement of any kind that has not been first submitted to City and approved of in writing. (l) Separation of insureds. A severability of interests provision must apply for all additional insureds ensuring that Consultant’s insurance shall apply separately to each insured against whom claim is made or suit is brought, except with respect to the insurer’s limit s of liability. The policy(ies) shall not contain any cross-liability exclusions. (m) Pass through clause . Consultant agrees to ensure that its subconsultants, subcontractors, and any other party involved with the project who is brought onto or involved in the project by Consultant, provide the same minimum insurance coverage and endorsements required of Consultant. Consultant agrees to monitor and review all such coverage and assumes all responsibility for ensuring that such coverage is provided in conformity with the requirements of this section. Consultant agrees that upon request, all agreements with consultants, subcontractors, and others engaged in the project will be submitted to City for review. (n) Agency’s right to revise specifications . The City r eserves the right at any time during the term of the contract to change the amounts and types of insurance required by giving the Consultant ninety (90) days advance written notice of such change. If such change results in substantial additional cost to th e Consultant, the City and Consultant may renegotiate Consultant’s compensation.
(o) Self-insured retentions . Any self -insured retentions must be declared to and approved by City. City reserves the right to require that self-insured retentions be eliminated, lowered, or replaced by a deductible. Self -insurance will not be considered to comply with these specifications unless approved by City.
(p) Timely notice of claims . Consultant shall give City prompt and timely notice of claims made or suits instituted that arise out of or result from Consultant’s performance under this Agreement, and that involve or may involve coverage under any of the required liability policies.

01135.0013/1017180.3 11
(q) Additional insurance . Consultant shall also procure and maintain, at its own cost an d expense, any additional kinds of insurance, which in its own judgment may be necessary for its proper protection and prosecution of the work.

5.3 Indemnification.

To the full extent permitted by law, Consultant agrees to indemnify , defend and hold harmless the City, its officers, employees and agents ( “Indemnified Parties”) against, and will hold and save them and each of them harmless from, any and all actions, either judicial, administrative, arbitration or regulatory claims, damages to persons or property, losses, costs, penalties, obligations, errors, omissions or liabilities whether actual or threatened (herein “claims or liabilities”) that may be asserted or claimed by any person, firm or entity arising out of or in connection with the negligent performa nce of the work, operations or activities provided herein of Consultant, its officers, employees, agents, subcontractors, or invitees, or any individual or entity for which Consultant is legally liable (“indemnitors”), or arising from Consultant’s or indemnitors’ reckless or willful misconduct, or arising from Consultant’s or indemnitors’ negligent performance of or failure to perform any term, provision, covenant or condition of this Agreement, and in connection therewith:
(a) Consultant will defend any action or actions filed in connection with any of said claims or liabilities and will pay all costs and expenses, including legal costs and attorneys’ fees incurred in connection therewith;
(b) Consultant will promptly pay any judgment rendered against the City, its officers, agents or employees for any such claims or liabilities arising out of or in connection with the negligent performance of or failure to perform such work, operations or activities of Consultant hereunder; and Consultant agrees to save and hold the City, its officers, agents, and employees harmless therefrom;
(c) In the event the City, its officers, agents or employees is made a party to any action or proceeding filed or prosecuted against Consultant for such damages or other claims arising out of or in connection with the negligent performance of or failure to perform the work, operation or activities of Consultant hereunder, Consultant agrees to pay to the City, its officers, agents or employees, any and all costs and expenses incurred by the City, its officers, agents or employees in such action or proceeding, including but not limited to, legal costs and attorneys’ fees.

Consultant shall incorporate similar indemnity agreements with its subcontra ctors and if it fails to do so Consultant shall be fully responsible to indemnify City hereunder therefore, and failure of City to monitor compliance with these provisions shall not be a waiver hereof. This indemnification includes claims or liabilities arising from any negligent or wrongful act, error or omission, or reckless or willful misconduct of Consultant in the performance of professional services hereunder. The provisions of this Section do not apply to claims or liabilities occurring as a result of City ’s sole negligence or willful acts or omissions, but, to the fullest extent permitted by law, shall apply to claims and liabilities resulting in part from City ’s negligence, except that design professionals ’ indemnity hereunder shall be limited to claims and liabilities arising out of the negligence, rec klessness or willful misconduct of the design professional . The

01135.0013/1017180.3 12
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 record s”), 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 prin ciples and shall be complete and detailed. The Contract Officer shall have full and free access to such books and records at all times during normal business hours of City, including the right to inspect, copy, audit and make records and transcripts from s uch records. Such records shall be maintained for a period of three (3) years following completion of the services hereunder, and the City shall have access to such records in the event any audit is required. In the event of dissolution of Consultant’s business, custody of the books and records may be given to City, and access shall be provided by Consultant’s successor in interest. Notwithstanding the above, the Consultant shall fully cooperate with the City in providing access to the books and records if a public records request is made and disclosure is required by law including but not limited to the California Public Records Act.

6.2 Reports.

Consultant shall periodically prepare and submit to the Contract Officer such reports concerning the performance of the services required by this Agreement as the Contract Officer shall require. Consultant hereby acknowledges that the City is greatly concerned about the cost of work and services to be performed pursuant to this Agreement. For this reason, Consultant agrees that if Consultant becomes aware of any facts, circumstances, techniques, or events that may or will materially increase or decrease the cost of the work or services contemplated herein or, if Consultant is providing design services, the cost of the p roject being designed, Consultant shall promptly notify the Contract Officer of said fact, circumstance, technique or event and the estimated increased or decreased cost related thereto and, if Consultant is providing design services, the estimated increased or decreased cost estimate for the project being designed.

6.3 Ownership of Documents.

All drawings, specifications, maps, designs, photographs, studies, surveys, data, notes, computer files, reports, records, documents and other materials (the “documents and materials”) prepared by Consultant, its employees, subcontractors and agents in the performance of this Agreement shall be the property of City and shall be delivered to City upon request of the Contract Officer or upon the termination of this Agreement , and Consultant shall have no claim for further employment or additional compensation as a result of the exercise by City of its full rights of ownership use, reuse, or assignment of the documents and materials hereunder. Any use, reuse or assignment of s uch completed documents for other projects and/or use of

01135.0013/1017180.3 13
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 mate rials 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 h ire” 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 writ ten authorization from the Contract Officer.
(b) Consultant, its officers, employees, agents or subcontractors, shall not, without prior written authorization from the Contract Officer or unless requested by the City Attorney, voluntarily provide documents, declarations, letters of support, testimony at depositions, response to interrogatories or other information concerning the work performed under this Agreement. Response to a subpoena or court order shall not be considered “voluntary” provided Consultant gives City notice of such court order or subpoena. (c) If Consultant, or any officer, employee, agent or subcontractor of Consultant, provides any information or work product in violation of this Agreement, then City shall have the right to reimbursement and indemnity from Consultant for any damages, costs and fees, including attorney’s fees, caused by or incurred as a result of Consultant’s conduct. (d) Consultant shall promptly notify City should Consultant, its officers, employees, agents or subcontra ctors 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 to cooperate fully with City and to provide City with the opportunity to review any respon se to discovery requests provided by Consultant. However, this right to review any such response does not imply or mean the right by City to control, direct, or rewrite said response.

ARTICLE 7. ENFORCEMENT OF AGREEMENT AND TERMINATION

7.1 California Law.

This Agreement shall be interpreted, construed and governed both as to validity and to performance of the parties in accordance with the laws of the State of California. Legal actions concerning any dispute, claim or matter arising out of or in relation to this Agreemen t shall be

01135.0013/1017180.3 14
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 acti on. In the event of litigation in a U.S. District Court, venue shall lie exclusively in the Central District of California, in the County of Los Angeles, State of California.

7.2 Disputes; Default.

In the event that Consultant is in default under the terms of this Agreement, the City shall not have any obligation or duty to continue compensating Consultant for any work performed after the date of default. Instead, the City may give notice to Consultant of the default and the reasons for the default. The notice shall include the timeframe in which Consultant may cure the default. This timeframe is presumptively thirty (30) days, but may be extended, though not reduced, if circumstances warrant. During the period of time that Consultant is in default, the City shall hold all invoices and shall, when the default is cured, proceed with payment on the invoices. In the alternative, the City may, in its sole discretion, elect to pay some or all of the outstanding invoices during the period of default. If Consultant does not cure the default, the City may take necessary steps to terminate this Agreement under this Article. Any failure on the part of the City to give notice of the Consultant’s default shall not be deemed to result in a waiver of the City’s legal rights or any rights arising out of any provision of this Agreement.

7.3 Retention of Funds.

Consultant hereby authorizes City to deduct from any amount payable to Consultant (whether or not arising out of this Agreement) (i) any amounts the payment of which may be in dispute hereunder or which are necessary to compensate City for any losses, costs, liabilities, or damages suffered by City, and (ii) all amounts for which City may be liable to third parties, by reason of Consultant’s acts or omissions in performing or fai ling 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 obligati ons of the Consultant to insure, indemnify, and protect City as elsewhere provided herein.

7.4 Waiver.

Waiver by any party to this Agreement of any term, condition, or covenant of this Agreement shall not constitute a waiver of any other term, condition, or covenant. Waiver by any party of any breach of the provisions of this Agreement shall not constitute a waiver of any other provision or a waiver of any subsequent breach or violation of any provision of this Agreement.

Acceptance by City of any work or servi ces 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.

01135.0013/1017180.3 15

7.5 Rights and Remedies are Cumulative.

Except with respect to rights and remedies expres sly 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 o ther 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 dam ages for any default, to compel specific performance of this Agreement, to obtain declaratory or injunctive relief, or to obtain any other remedy consistent with the purposes of this Agreement. Notwithstanding any contrary provision herein, Consultant shal l 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 service s 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 provi sions 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 s tipulated (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.

01135.0013/1017180.3 16

7.9 Attorneys’ Fees.

If either party to this Agreement is required to initiate or defend or made a party to any action or proceeding in any way connected with this Agreement, the prevailing party in such action or proceeding, in addition to any other relief which may be grant ed, 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 investigat ing such action, taking depositions and discovery and all other necessary costs the court allows which are incurred in such litigation. All such fees shall be deemed to have accrued on commencement of such action and shall be enforceable whether or not such action is prosecuted to judgment.

ARTICLE 8. CITY OFFICERS AND EMPLOYEES: NON-DISCRIMINATION

8.1 Non-liability of City Officers and Employees.

No officer or employee of the City shall be personally liable to the Consultant, or any successor in interest, in the event of any default or breach by the City or for any amount which may become due to the Consultant or to its successor, or for breach of any obligation of the terms of this Agreement.

8.2 Conflict of Interest.

Consultant covenants that neither it, nor any officer or principal of its firm, has or shall acquire any interest, directly or indirectly, which would conflict in any manner with the interests of City or which would in any way hinder Consultant’s performance of services under this Agreement. Consultant further covenants that in the performance of this Agreement, no person having any such interest shall be employed by it as an officer, employee, agent or 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 employee participate in any decision r elating to the Agreement which a ffects her/his financial interest or the financial interest of any corporation, partnership or association in which (s)he is, directly or indirectly, interested, in violation of any State statute or regulation. The Consultant warrants that it has not paid or given and will not pay or give any third party any money or other consideration for obtaining this Agreement.

8.3 Covenant Against Discrimination.

Consultant covenants that, by and for itself, its heirs, executors, assigns, and all persons claiming under or through them, that there shall be no discrimination against or segregation of, any person or group of persons on account of race, color, creed, religion, sex, gender, sexual orientation, marital status, national origin, ancestry or other protected class in the performance of this Agreement. Consultant shall take affirmative action to insure that applicants are employed and that employees are treated during employment without regard to their race, color, creed,

01135.0013/1017180.3 17
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 s ervices 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 w ith any and all costs, including attorneys ’ fees, incurred by City.

ARTICLE 9. MISCELLANEOUS PROVISIONS

9.1 Notices.

Any notice, demand, request, document, consent, approval, or communication either party desires or is required to give to the other party or any other per son shall be in writing and either served personally or sent by prepaid, first -class mail, in the case of the City, to the City Manager and to the attention of the Contract Officer (with her/his name and City title), City of Bell, 6330 Pine Avenue, Bell, C alifornia 90201 and in the case of the Consultant, to the person(s) at the address designated on the execution page of this Agreement. Either party may change its address by notifying the other party of the change of address in writing. Notice shall be deemed communicated at the time personally delivered or in seventy -two (72) hours from the time of mailing if mailed as provided in this Section.

9.2 Interpretation.

The terms of this Agreement shall be construed in accordance with the meaning of the language used and shall not be construed for or against either party by reason of the authorship of this Agreement or any other rule of construction which might otherwise apply.

9.3 Counterparts.

This Agreement may be executed in counterparts, each of which shall be deemed to be an original, and such counterparts shall constitute one and the same instrument.

9.4 Integration; Amendment.

This Agreement including the attachments hereto is the entire, complete and exclusive expression of the understanding of the parties. It is understood that there are no oral agreements between the parties hereto affecting this Agreement and this Agreement supersedes and cancels any and all previous negotiations, arrangements, agreements and understandings, if any, between the parties, and none shall be used to interpret this Agreement. No amendment to or modification of this Agreement shall be valid unless made in writing and approved by the Consultant and by

01135.0013/1017180.3 18
the City Council. The parties agree that this requirement for written modifications c annot 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 interpr eted to carry out the intent of the parties hereunder unless the invalid provision is so material that its invalidity deprives either party of the basic benefit of their bargain or renders this Agreement meaningless.

9.6 Warranty & Representation of Non-Collusion.

No official, officer, or employee of City has any financial interest, direct or indirect, in this Agreement, nor shall any official, officer, or employee of City participate in any decision relating to this Agreement which may affect his/her financial interest or the financial interest of any corporation, partnership, or association in which (s)he is directly or indirectly interested, or in violation of any corporation, partnership, or association in which (s)he is directly or indirectly interested, or in violation of any State or municipal statute or regulation. The determination of “financial interest” shall be consistent with State law and shall not include interests found to be “remote” or “noninterests” pursuant to Government Code Sections 1091 or 1091.5. Consultant warrants and represents that it has not paid or given, and will not pay or give, to any third party including, but not limited to, any City official, officer, or employee, any money, consideration, or other thing of value as a result or consequence of obtaining or being awarded any agreement.

Consultant further warrants and represents that (s)he/it has not engaged in any act(s), omission(s), or other conduct or collusion that would result in the payment of any money, consideration, or oth er 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 provi sions 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]

01135.0013/1017180.3 19
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

Ali Saleh, Mayor
ATTEST:

Angela Bustamante, City Clerk
APPROVED AS TO FORM:

ALESHIRE & WYNDER, LLP

David J. Aleshire, City Attorney
CONSULTANT:

TIERRA WEST ADVISORS, INC., a California
corporation
By:

Name: John Yonai
Title: Principal/Partner
By:

Name: Rose Acosta Yonai
Title: Principal/Partner
Address: 2616 East 3rd St.

Los Angeles, CA 90033
Two corporate officer signatures required when Consultant is a corporation, with one signature required from each of the following groups: 1) Chairman of the Board, President or any Vice Presid ent; 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.

01135.0013/1017180.3

CALIFORNIA ALL-PURPOSE ACKNOWLEDGMENT

STATE OF CALIFORNIA

COUNTY OF LOS ANGELES
On __________, 2024 before me, ________________, personally appeared ________________, proved t o 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.

01135.0013/1017180.3

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.

01135.0013/1017180.3 A-1
EXHIBIT “A”

SCOPE OF SERVICES
I. Consultant will perform the following Services:

A. Task 1: Housing Authority Annual Report for Fiscal Years 2020 -2021, 2021- 2022, 2022-2023, and 2023-2024.
a. The City’s Housing Authority is r equired to file a Housing Authority Annual Report by October 1 to the California Department of Housing and Community Development (“HCD”). While the City may be late filing the Reports for Fiscal years 2020 -2024, Consultant’s goal is to submit a draft to the City of Bell by the end of the fourth (4th) quarter of 2024 for approval. This report is mandated by the Health & Safety Code (“HSC”) Sections 34328 and 34328.1. The following information will be included:
i. A complete report of activities taken during Fis cal Years 2020-2024, including those permitted by HSC Section 34312.3 such as:

1. Bonds for multifamily rental housing

2. Loans for multifamily rental housing

3. Financing agreements for multifamily rental housing

4. Develop, rehabilitate, or finance housing projects

5. Purchase, sell, lease, own, operate, or manage housing projects assisted by the housing authority

6. Convey surplus lands to a developer for permitted purposes

7. Establish a special trust fund or account funded with bond issuance proceeds or developer co ntributions for assisting housing units for very low-income persons

01135.0013/1017180.3 A-2
ii. A description of how the Housing Authority complies with the requirements of HSC Section34312.3, including:

1. Providing the minimum number of housing units affordable to lower income households in housing projects assisted by the Housing Authority

2. Establishing maximum rental payments for lower income households pursuant to State and Federal requirements
iii. In addition to Items 1 and 2 above, the Annual Report must include:

1. Data of terminati on of domestic violence tenancies or Section 8 voucher terminations as in Housing Authority units, if any

2. Brief summary of steps taken by the authority to address termination of tenancies resulting from domestic violence b. The Housing Authority is required as part of its Annual Report to review current rents to determine whether they meet 2021, 2022, 2023 and 2024 maximum rent limits for very low and low income households.

However, tenant income levels need to be recertified on an annual basis at Housing Au thority properties to ensure compliance with minimum income requirements.

B. Task 2: Housing Successor (SB 341) Annual Report for Fiscal Years 2021 - 2024
a. As the Housing Successor to the former Bell Redevelopment Agency, the Housing Authority is required to fi le a Housing Successor Annual Report by December 31 annually. This report required by HSC Section 34176.1(f), which was enacted by Senate Bill 341 in 2014, will include the following information for Fiscal Years 2020-2024:
i. The amount deposited into the Low and Moderate Income Housing Asset Fund (“Housing Asset Fund”)
ii. A statement of the balance of the Housing Asset Fund

01135.0013/1017180.3 A-3
iii. A description of expenditures by category
iv. The statutory value of real property
v. A description of transfers
vi. A description of projects that receive funding through the Recognized Obligation Payment Schedule, if any
vii. The status of properties transferred on the Housing Asset Transfer form
viii. An update on the inclusionary and replacement housing obligation ix. Compliance with expenditures by income level and other categories x. The percentage of senior deed-restricted units
xi. The amount of excess surplus
xii. An inventory of homeownership units assisted by the former redevelopment agency
b. A copy or website link to the City’s audited financial statements that audit the Housing Asset Fund should be submitted with the report. The Housing Successor Annual Report is required to be presented to the Housing Authority Board (City Council) and posted on the City’s website.

C. Task 3: Miscellaneous Advisory Services
a. Consultant is available to provide miscellaneous advisory services as needed to ensure the Housing Authority is meeting its requirements. As previously mentioned, HSC Section 34312.3 requires at least 20 percent of units assisted by the Housing Authority to be affordable to persons of low income, and at least 50 percent of units financed by Housing Authority bonds issued on or after 1986 to be affordable to households of very low income.

01135.0013/1017180.3 A-4
b. The law is not explicit, but Consultant recommends that formal writt en covenants be required and recorded regardless of projects that were assisted by bonds issued since 2006. Consultant will confer with City legal counsel and staff about whether formal written affordability covenants are required based on the law, and on property title reports, if ordered (see Task 4). It is also necessary to confirm if any other funding sources were used to assist Housing Authority projects that impose their own requirements. c. Consultant will also collaborate with staff on establishing or updating procedures for screening new tenants and recertifying existing tenant incomes to ensure that the 20 percent and 50 percent income targeting requirements are being met. Consultant is available to provide miscellaneous advisory services on other questions or issues that may come up throughout the year.

D. Task 4: Conduct Affordable Housing Compliance Monitoring for FYs 2021 - 2024.
a. In order to prove that the 20 percent and 50 percent income targeting requirements are being met, existing tenants residing at Housing Authority properties must have their incomes recertified on an annual basis. If a tenant’s income exceeds the maximum very low or low income requirement, they may remain at the property. However, newly leased units must be occupied by very low or low income tenants until the 20 percent and 50 percent criteria are met.

Consultant is able to assist staff with recertifying current tenant incomes of existing Housing Authority units.
b. Previously the Housing Authority owned 12 apartment properties, 2 single- family properties, and 3 mobile home parks/homes with a total of 409 units.

Consultant would:
i. Confirm Authority ownership remains the same as in the recent past
ii. Draft letters requesting tenant income certifications and supporting documentation
iii. The letter will provide background information as to the reason for the requirement and introduce Consultant as the City representative for monitoring purposes

01135.0013/1017180.3 A-5
iv. The City would be responsible for printing and mailing the letters and collecting responses
v. Review income documentation returned by the tenants to verify household income levels by unit based on 2019 affordable income levels published by HCD
vi. Provide a summary report of tenant income levels by unit at each property, and the Housing Authority’s overall co mpliance with the 20 percent and 50 percent income targeting requirements c. The compliance monitoring process typically takes anywhere from 3 to 6 months. The results would be used to report on compliance in the 2023 -24 Housing Authority Annual Report due in April 2024.

II. As part of the Services, Consultant will prepare and deliver the following tangible work products to the City and once approved submit to the State of California Department of Housing and Community Development (HCD):

A. Housing Authority Annual Report for Fiscal Years
• 2020-2021,
• 2021-2022,
• 2022-2023, and
• 2023-2024.

B. Housing Successor (SB 341) Annual Report for Fiscal Years • 2020-2021,
• 2021-2022,
• 2022-2023, and
• 2023-2024.

III. In addition to the requirements of Section 6.2, d uring performance o f the Services, Consultant will keep the City appraised of the status of performance by delivering the following status reports:

A. Consultant to work regularly with City Community Development and Finance Department Staff to verify properties and property required information

B. Consultant will provide the following:

a. monthly update as to status of work to date,
b. data information required from City, and,
c. any outstanding items remaining for both annual reports

01135.0013/1017180.3 A-6
IV. All work product is subject to review and acceptance by the City, and must be revised by the Consultant without additional charge to the City until found satisfactory and accepted by City.

V. Consultant will utilize the following personnel to accomplish the Services:

A. John Yonai, Principal/Partner
B. Rose Acosta Yonai, Principal/Partner
C. Louis Morales, Director
D. Jason Chiang, Director
E. Lauren Yonai, Associate
F. Jane McFarren, Associate
G. Rob Hoffman, Senior Analyst

01135.0013/1017180.3 B-1
EXHIBIT “B”

SPECIAL REQUIREMENTS
(Superseding Contract Boilerplate)
[INTENTIONALLY LEFT BLANK]

01135.0013/1017180.3 C-1
EXHIBIT “C”

SCHEDULE OF COMPENSATION
I. The compensation for each annual report for the housing consultant -related Services shall not exceed $ 20,000.00 ( Twenty Thousand Dollars) for the Housing Authority and Housing Successor annual report required for each fiscal year, unless additional compensation is approved pursuant to Section 1.8.

II. 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 per sonnel 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.

III. The total compensation for housing consultant-related Services shall not exceed the Contract Sum as provided in Section 2 .1 of this Agreement , unless additional compensation is approved pursuant to Section 1.8.

IV. The Consultant’s billing rates for all personnel are attached as Exhibit C-1.

V. If the City extends the term of the Agreement, as provided in Exhibit D, Section III, the hourly rates shall be adjusted by CPI.

01135.0013/1017180.3 C-2
EXHIBIT “C-1”

BILLING RATES

CLASSIFICATION HOURLY RATE
Principal $225
Director $210
Senior Associate $185
Associate $165
Senior Analyst $145
Analyst $135
Research Assistant/Technician $115
Word Processor $85
Clerical $70

01135.0013/1017180.3 D-1
EXHIBIT “D”

SCHEDULE OF PERFORMANCE
I. Consultant shall perform all services timely as provided below. If no time frame is specified, Consultant shall comply with the deadlines established by the Contract Officer:

A. Consultant anticipates that each fiscal Housing Authority and Successor Agency Housing report will require four (4) month to complete and submit to the City for review

B. Once the City has reviewed and approved the annual reports, Consultant shall remit to HCD for its review

C. Consultant anticipates that the completion of all past fiscal year reports for the Housing Authority and Successor Agency Housing report will be completed by year end 2025.

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 20 24–2025 fiscal year. At the City’s sole and absolute discretion, the City may extend the term for two (2) additional one-year fiscal years.

PROPOSAL FOR HOUSING CONSULTING SERVICES

FISCAL YEARS
2020-2021
2021-2022
2022-2023
2023-2024

August 15, 2024

Mr. Michael Antwine,
[email protected]
City Manager and Executive Director

CITY OF BELL
6330 Pine Avenue
Bell, CA 90201

PROPOSAL FOR HOUSING CONSULTING SERVICES FOR FISCAL YEARS 2020-2024

Dear Mr. Antwine, Mr. Acosta and Mr. Ochiqui:

Tierra West Advisors, Inc. (“Tierra West”) appreciates the opportunity to continue providing the City of Bell with Professional Consulting Services that meet the demands of a thriving community and growing economy. Tierra West has commenced to prepare the Housing Authority Annual Report for fiscal year 2019-2020 and upon its completion will begin the preparation of the Housing Successor Annual Report for the same fiscal year period.

In anticipation of completing the above referenced reports, Tierra West is pleased to present this proposal to the City of Bell (“City”) and Housing Authority of the City of Bell (“Housing Authority”) to request a renewal of Tierra West’s housing consulting services for the preparation of the subsequent four (4) Fiscal Years of 2020-2021, 2021 -2022, 2022-2023, and 2023-2024. The proposed services will once again include the drafting the following two (2) reports for each Fiscal Year:

1. Housing Authority Annual Report for Fiscal Years 2020-2021, 2021-2022, 2022-2023, 2023-2024, and

2. Housing Successor (SB 341) Annual Report for Fiscal Years 2020-2021, 2021-2022, 2022-2023, and 2023-2024.

Additionally, Tierra West will provide miscellaneous advisory services to ensure the Housing Authority maintains its requirements.

This proposal also presents optional services to help the Housing Authority monitor tenant incomes and establish covenants to meet legal requirements. Health & Safety Code (“HSC”) 34312.3 requires at least 20 percent of housing units assisted by the Housing Authority to be affordable to low-income households. At least 50 percent of housing units assisted by Housing Authority Bonds issued after 1986 must be affordable to very low - income households.

As previously discussed; to effectively monitor tenant incomes for established covenants and continue to meet legal requirements on Housing Authority properties, it is imperative to confirm whether a formal recording of affordability covenants has been established. It is also necessary to maintain on- going screening of new and current tenant incomes to remain compliant with affordability requirements. As such, in order to address the current and growing concerns over affordable housing and homelessness, it is critical that these affordability requirements and covenants be formally confirmed as being met.

Please find the following scope of services and fee estimate for the Housing Authority:

Task 1: Housing Authority Annual Report for Fiscal Years 2020-2021, 2021-2022, 2022-2023, and 2023-2024

The Housing Authority is required to file a Housing Authority Annual Report by October 1 to the California Department of Housing and Community Development (“HCD”). While the City may be late filing the Reports for Fiscal years 2020-2024, Tierra West’s goal is to submit a draft to the City of Bell by the end of the fourth (4 th) quarter of 2024 for approval.

This report is mandated by the Health & Safety Code (“HSC”) Sections 34328 and 34328.1.

The following information will be included:

1. A complete report of activities taken during Fiscal Years 2020-2024, including those permitted by HSC Section 34312.3 such as:
o Bonds for multifamily rental housing
o Loans for multifamily rental housing
o Financing agreements for multifamily rental housing
o Develop, rehabilitate, or finance housing projects
o Purchase, sell, lease, own, operate, or manage housing projects assisted by the housing authority
o Convey surplus lands to a developer for permitted purposes o Establish a special trust fund or account funded with bond issuance proceeds or developer contributions for assisting housing units for very low-income persons

2. A description of how the Housing Authority complies with the requirements of HSC Section34312.3, including:
o Providing the minimum number of housing units affordable to lower income households in housing projects assisted by the Housing Authority o Establishing maximum rental payments for lower income households pursuant to State and Federal requirements

3. In addition to Items 1 and 2 above, the Annual Report must include:
o Data o f termination of domestic violence tenancies or Section 8 voucher terminations as in Housing Authority units, if any
o Brief summary of steps taken by the authority to address termination of tenancies resulting from domestic violence

The Housing Authority is required as part of its Annual Report to review current rents to determine whether they meet 2021, 2022, 2023 and 2024 maximum rent limits for very low and low income households. However, tenant income levels need to be recertified on an annual basis at Housing Authority properties to ensure compliance with minimum income requirements.

Task 2: Housing Successor (SB 341) Annual Report for Fiscal Years 2021-2024 As the Housing Successor to the former Bell Redevelopment Agency, the Housing Authority is required to file a Housing Successor Annual Report by December 31 annually.

This report required by HSC Section 34176.1(f), which was enacted by Senate Bill 341 in 2014, will include the following information for Fiscal Years 2020-2024:

o The amount deposited into the Low and Moderate Income Housing Asset Fund (“Housing
Asset Fund”)
o A statement of the balance of the Housing Asset Fund
o A description of expenditures by category
o The statutory value of real property
o A description of transfers
o A description of projects that receive funding through the Recognized Obligation Payment
Schedule, if any
o The status of properties transferred on the Housing Asset Transfer form o An update on the inclusionary and replacement housing obligation o Compliance with expenditures by income level and other categories o The percentage of senior deed-restricted units
o The amount of excess surplus
o An inventory of homeownership units assisted by the former redevelopment agency

A copy or website link to the City’s audited financial statements that audit the Housing Asset Fund should be submitted with the report. The Housing Successor Annual Report is required to be presented to the Housing Authority Board (City Council) and post ed on the City’s website.

Task 3: Miscellaneous Advisory Services
Tierra West is available to provide miscellaneous advisory services as needed to ensure the Housing Authority is meeting its requirements. As previously mentioned, HSC Section 34312.3 requires at least 20 percent of units assisted by the Housing Authority to be affordable to persons of low income, and at least 50 percent of units financed by Housing Authority bonds issued on or after 1986 to be affordable to household s of very low income.

The law is not explicit, but Tierra West recommends that formal written covenants be required and recorded regardless of projects that were assisted by bonds issued since 2006. Tierra West will confer with City legal counsel and staff about whether formal written affordability covenants are required based on the law, and on property title reports, if ordered (see Task 4). It is also necessary to confirm if any other funding sources were used to assist Housing Authority projects that impose their own requirements.

Tierra West will also collaborate with staff on establishing or updating procedures for screening new tenants and recertifying existing tenant incomes to ensure that the 20 percent and 50 percent income targeting requirements are being met. Tierra West is available to provide miscellaneous advisory services on other questions or issues that may come up throughout the year.

Task 4: Conduct Affordable Housing Compliance Monitoring for FYs 2021-2024 In order to prove that the 20 percent and 50 percent income targeting requirements are being met, existing tenants residing at Housing Authority properties must have their incomes recertified on an annual basis. If a tenant’s income exceeds the maximum very low or low income requirement, they may remain at the property. However, newly leased units must be occupied by very low or low income tenants until the 20 percent and 50 percent criteria are met. Tierra West is able to assist staff with recertifying current tenant incomes of existing Housing Authority units.

Previously the Authority owned 12 apartment properties, 2 single-family properties, and 3 mobile home parks/homes with a total of 409 units. Tierra West would:
o Confirm Authority ownership remains the same as in the recent past o Draft letters requesting tenant income certifications and supporting documentation. o The letter will provide background information as to the reason for the requirement and introduce Tierra West as the City representative for monitoring purposes. o The City would be responsible for printing and mailing the letters and collecting responses.
o Review income documentation returned by the tenants to verify household income levels by unit based on 2019 affordable income levels published by HCD. o Provide a summary report of tenant income levels by unit at each property, and the Housing Authority’s overall compliance with the 20 percent and 50 percent income targeting requirements.

The compliance monitoring process typically takes anywhere from 3 to 6 months. The results would be used to report on compliance in the 2023-24 Housing Authority Annual Report due in April 2024.

PROJECT TEAM
This engagement will be led by Ms. Rose Acosta-Yonai and Mr. John Yonai, Principals, who will oversee and direct all tasks and work product. Rose Acosta-Yonai is Project Manager and provide s oversight and day -to-day management of this engagement. Mr. Rob

Hoffman, Sr. Analyst, and other Tierra West staff who may be assigned to this project include Jason Chiang and Lauren C. Yonai.

FEE ESTIMATE
Our services for this engagement would be charged at a discounted rate, as Tierra West is preparing multiple reports of the same asset pool. Fees charged are based on the following:

The four (4) reports in both tasks 1 and 2 will be completed for $20,000/FY:

Task 1: Housing Authority Annual Reports for each Fiscal Year / $10,000 Task 2: Housing Successor (SB 341) Annual Reports for each Fiscal Year /$10,000

1. Tasks 3 and 4 would incur additional fees based on an hourly rate i. Housing advisory services - provide miscellaneous advisory services to ensure the Housing Authority is meeting HSC Section 34312.3 (20 percent of assisted Housing Authority units are low income, 50 percent of units financed by Housing Authority bonds issued on or after 1986 to be affordable to households of very-low income) Research and review estimated at $2,000. b. Review Affordability Covenants – City provides preliminary title report i. Covenant review for each project estimated at $1,500 per covenant c. Tenant Income monitoring for Housing Authority owned properties i. Time and Material

1. Assume 1 hour per tenant with income certification received

2. Tierra West will utilize an associate for this task

Tierra West’s current billing rates are provided below.

Tierra West Advisors, Inc. 2024-2025 Rate Schedule

Classification Rate
Principal $ 225
Director $ 210
Senior Associate $185
Associate $165
Senior Analyst $145
Analyst $135
Research Assistant/Technician $115
Word Processor $85
Clerical $70
Reimbursables Cost plus 10%

Tierra West does not charge clients for mileage, parking, general postage, or incidental copies. However, we do charge for messenger services and overnight shipping/express mail costs. We also charge for copies of reports, documents, notices, and support material in excess of five (5) copies. These costs are charged back at the actual expense plus a 10% surcharge.

Tierra West issues monthly invoices payable upon receipt, unless otherwise agreed upon in advance. Invoices identify tasks completed to date, hours expended and the hourly rate. However, we are open to discussion and negotiation over billing options, including a monthly retainer or other fee arrangement.

Thank you for the opportunity to submit this proposal. If this proposal meets your expectations, we are prepared to submit a contract for review and execution. If you have any questions, please do not hesitate to contact us at ( 323) 265-4400 or [email protected] as well as [email protected].

Sincerely,
TIERRA WEST ADVISORS, INC.

APPROVED AND AUTHORIZED TO
PROCEED:

Rose Acosta Yonai

__________________________________________

CC: Mr. Manny Acosta
Mr. Javier Ochiqui
Mr. Rickey Manbahal

AGENDA ITEM 7
City of Bell
Agenda Report
D
ATE: September 25, 2024
TO
: Mayor and Members of the City Council
F
ROM: Angela Bustamante, City Clerk
APPR
OVED Michael L. Antwine II (e-signature)
BY: ________________________________________
Michael L. Antwine II, City Manager
SU
BJECT: Resolution Amending the City’s Conflict of Interest Code and Rescinding Resolution No. 2022-63.

RECOMMENDATION:

I
t is recommended that the City Council read by title only, waive further reading and adopt Resolution No. 2024-43 titled:

A

RESOLUTION OF THE CITY OF BELL PROPOSING AN

AMENDED CONFLICT OF INTEREST CODE FOR THE CITY TO

ADD AND AMEND CERTAIN DESIGNATED EMPLOYEES AND

OFFICIALS, AND TO AMEND ITS DISCLOSURE CATEGORIES
BACKGROUND:

U
nder the Political Reform Act (Cal. Govt. Code § 87306.5), all public agencies are required to adopt a Conflict of Interest Code (“Code”). The Code designates positions required to file Statements of Economic Interests (commonly referred to as a “Form 700”) and assign disclosure categories specifying the types of economic interests that must be reported. The Form 700 is a public document intended to alert public officials and members of the public to the type of economic interests that may rise to a conflict of interest.

The
Political Reform Act requires every local government agency to review its designated positions and reporting categories every two years to determine if it is accurate or, alternatively, if amendments are required. It also requires amendments to the Code within designated time periods to reflect changed circumstances, including the creation of new positions which must be designated and relevant changes in duties assigned to existing positions (Cal.

Govt. Code § 87100).

The C
ode must specifically list positions where the person makes or participates in making official decisions, such as voting on matters, negotiating City contracts, or making recommendations on purchases. The purpose of the Code is to require disclosure of those types of investments, interests in real property, sources of income, and business positions that may affect their decision making.

C
ertain positions listed in Government Code section 87200 are not required to be included in the

Code because these positions automatically file Form 700’s. These positions include City Council members, City Manager, City Attorney, and planning commissioners.

DISCUSSION:

Staff reviewed the Code which was last revised in 2022 and determined that amendments to the Code are required at this time to reflect the creation of new positions, deletion of positions, or changes in titles. Since the adoption of Resolution No. 2022-63, staff has identified the following changes which should be reflected in the Code:

New Positions to Be Added to the Code

• A ssistant to the City Manager
• Deputy Director of Community Services

The attached Resolution contains the suggested revisions made to the City’s list of designated positions. Adoption of the attached Resolution would fulfill the requirements of state law.

FISCAL IMPACT:

None.

ATTACHMENTS:

1. Resolution No. 2024-43

2. 2024 Local Agency Biennial Notice

Resolution 2024-43

RESOLUTION NO. 2024-43

A RESOLUTION OF THE CITY OF BELL PROPOSING AN

AMENDED CONFLICT OF INTEREST CODE FOR THE CITY TO

ADD AND AMEND CERTAIN DESIGNATED EMPLOYEES AND

OFFICIALS, AND TO AMEND ITS DISCLOSURE CATEGORIES

WHEREAS, The Political Reform Act requires certain City officials, specified in section 87200 of the California Government Code, to file economic disclosure forms (“Form 700”) and abstain from making or participating in making governmental decisions which have a reasonably foreseeable material effect on an economic interest; and

WHEREAS, the Political Reform Act of 1974, codified in Government Code section 81000 et seq. (the “Act”) requires every local government agency to review its conflict of interest code biennially to determine if it is accurate or needs amending; and

WHEREAS, Government Code section 87311 requires the adoption of an amendment to the City’s Conflict of Interest Code to be done in a manner that gives the residents of the City, as well as officers, employees, and consultants of the City, notice and fair opportunity to present their views; and

WHEREAS, a review of the City’s current Conflict of Interest Code (Resolution 2022-63) indicates the need to add and remove certain positions for filing statements of economic interest and amend disclosure categories.

NOW, THEREFORE, THE CITY COUNCIL OF CITY OF BELL DOES RESOLVE AS FOLLOWS:

SECTION 1. Recitals. The City Council of the City of Bell finds that the above recitals are true and correct and are incorporated herein by reference as if set forth in full.

SECTION 2. Amended Conflict of Interest Code Proposed. Section 18730 of Title 2 of California Code of Regulations, attached as Exhibit “1” to this resolution, and any amendments to it duly adopted by the Fair Political Practices Commission and the attached Appendices “A” and “B”, attached hereto and incorporated by reference, shall be the Conflict of Interest Code of the City of Bell. Resolution No. 2022-63 is repealed and replaced by this Resolution.

SECTION 3. Statement of Economic Interest. Employees designated in Appendix “A” shall file statements of economic interest (Form 700) with the City Clerk. The City Clerk shall forward the original Form 700s filed by the Mayor, Members of the City Council, Planning Commissioners, the City Manager, the City Attorney, and the City Treasurer to the Fair Political Practices Commission pursuant to Government Code Sections 87200 et seq. Statements for the City Council, City Manager, and City Attorney will include positions held with the City Council as Successor Agency, Housing Authority, Public Finance Authority, and Oversight Board. The City Clerk shall retain a copy of all statements of economic interests and make them available for public inspection and production in accordance with Government Code section 81008.

SECTION 4. Maintenance of Conflict of Interest Code. The City Clerk shall maintain at all times at least one (1) copy of the City’s Conflict of Interest Code for examination by the public and shall cause the filing of such code, or notice thereof, in the manner required by law.

PASSED, APPROVED AND ADOPTED this 25
th day of September 2024.

____________________________
Ali Saleh, Mayor

APPROVED AS TO FORM:

__________________________
David J. Aleshire, City Attorney

CERTIFICATE OF ATTESTATION AND ORIGINALITY

I, Angela Bustamante, City Clerk of the City of Bell, hereby attest to and certify that the foregoing resolution is the original resolution adopted by the Bell City Council at its regular meeting held on the 25
th day of September 2024, by the following vote:

AYES:

NOES:

ABSENT:

ABSTAIN:
____________________________
Angela Bustamante, City Clerk

APPENDIX A

DESIGNATED EMPLOYEES FOR THE CONFLICT OF INTEREST CODE
A designated employee is anyone within the City who is an officer, employee, member or consultant who is designated in the Code because the position entails the making or participating in the marking of decisions which may foreseeably have a material effect on any financial interest of the officer, employee, member or consultant.

The term “designated employee” does not include any public official specified in Government Code Section 87200 nor does it include a position which is solely clerical, ministerial or manual, or any unsalaried member of a board or commission which is solely advisory. “Designated Employees”
Disclosure Categories
Accountant 1, 2, 3
Accounting Manager 1, 2, 3
Assistant City Attorney 1, 2, 3
Assistant City Clerk 1, 2, 3, 4
Assistant City Planner 1, 2, 3, 5
Assistant to the City Manager 1, 2, 3
Associate Planner 1, 2, 3
Management Analyst 1, 2, 3, 4
Building Official 1, 2, 3
Business License Officer 1, 2, 3
Permit Technician 1, 2, 3
Chief of Police 1, 2, 3
City Clerk 1, 2, 3, 4
City Engineer 1, 2, 3
Economic Development Specialist 1, 2, 3, 4,
Executive Assistant 1, 2, 3
Members of the Successor Agency Board 1, 2, 3

Members of City Commissions 4
(excluding planning commission)

Contracts and Facilities Manager 1, 2, 3
Consultants (see definition below) 1, 2, 3, 5
Director of Community Development 1, 2, 3, 4
Director of Community Services 1, 2, 3, 4
Deputy Director of Community Services 1, 2, 3, 4
Community Services Manager 1, 2, 3
Director of Finance 1, 2, 3
Housing Specialist 1, 2, 3
Housing Manager 1, 2, 3
Senior Recreation Supervisor 1, 2, 3, 4
Recreation Supervisor 1, 2, 3, 4
Senior Human Resources Analyst 1, 2, 3
Human Resources and Risk Manager 1, 2, 3
Senior Economic Development Specialist 1, 2, 3
Senior Accountant 1, 2, 3
Senior Code Enforcement Officer 1, 2, 3
Code Enforcement Supervisor 1, 2, 3
Senior Management Analyst 1, 2, 3
Police Captain 1, 2, 3
Police Lieutenant 1, 2, 3
Contract Building Inspector 1, 2, 3
Director of Public Works 1, 2, 3, 4
Public Works Field Supervisor 1, 2, 3
Public Works Manager 1, 2, 3
Associate Civil Engineer 1, 2, 3

CONSULTANTS
Commission Regulation 18700 defines "consultant" as an individual who pursuant to a contract with a state or local government agency:
(A) Makes a governmental decision whether to:
(i) Approve a rate, rule or regulation;
(ii) Adopt or enforce a law;
(iii) Issue, deny, suspend, or revoke any permit, license, application, certificate, approval, order, or similar authorization or entitlement; (iv) Authorize the agency to enter into, modify, or renew a contract provided it is the type of contract which requires agency approval;
(v) Grant City approval to a contract which requires agency approval and in which the agency is a party or to the specifications for such a contract; (vi) Grant agency approval to a plan, design, report, study, or similar item; (vii) Adopt, or grant agency approval of, policies, standards, or guidelines for the agency, or for any subdivision thereof; or
(B) Serves in a staff capacity with the agency and in that capacity performs the same or substantially all the same duties for the agency that would otherwise be performed by an individual holding a position specified in the agency's Conflict of Interest Code. With respect to Consultants performing work for the City of Bell, the City Manager may determine, in writing that a particular Consultant is hired to perform a range of duties that are limited in scope, and thus the Consultant is not required to comply with the disclosure requirements. The determination shall be retained by the City Clerk as filing officer.

Nothing herein excuses any Consultant from any other provision of this Code.

APPENDIX B

DESCRIPTION OF DISCLOSURE CATEGORIES
The disclosure categories listed below identify the types of investments, business entities, sources of income, and real property which the designated employee must disclose for each disclosure category to which he or she is assigned.

Category 1 (Real Property within Jurisdiction):

Designated employees must report all interests in real property which are located in whole or in part within the City or within two miles outside the boundaries of the City.

Category 2 (All Investments and Sources of Income):

Designated employees must report all investments, business positions, and sources of income, including gifts, loans, and travel payment s, where the business entity or source of income does business, plans to do business, or has done business within the past two (2) years in the City.

Category 3 (Management Positions):

Designated employees must report all business positions where the employer does business, plans to do business, or has done business within the past two (2) years in the City.

Category 4 (General Contracting):

Designated employees must report all investments in business entities, sources of income, including gifts, loans, and travel payment, and business positions where the business entity or source of income contracts, plans to contract, or has contracted within the past two (2) years with the City to provide services, supplies, materials, machinery, or equipment.

Category 5 (Special Contracting):

Designated employees must report all investments in business entities, sources of income, including gifts, loans, and travel payment, and business positions where the business entity of source of income contracts, plans to contract, or has contracted within the past two (2) years with the designated employee’s department to provide services, supplies, materials, machinery , or equipment.

www.fppc.ca.gov
FPPC Advice: [email protected] (866.275.3772)

2024 Local Agency Biennial Notice
Name of Agency:

Mailing Address:

Contact Person: Phone No.

Email: Alternate Email:

Accurate disclosure is essential to monitor whether officials have conflicts of interest and to help ensure public trust in government. The biennial review examines current programs to ensure that the agency’s code includes disclosure by those agency officials who make or participate in making governmental decisions.

This agency has reviewed its conflict of interest code and has determined that (check one BOX):
 An amendment is required. The following amendments are necessary:
(Check all that apply.)
 Include new positions
 Revise disclosure categories
 Revise the titles of existing positions
 Delete titles of positions that have been abolished and/or positions that no longer make or participate in making governmental decisions
 Other (describe)
 The code is currently under review by the code reviewing body.  No amendment is required. (If your code is over five years old, amendments may be necessary.)
Verification (to be completed if no amendment is required) This agency’s code accurately designates all positions that make or participate in the making of governmental decisions. The disclosure assigned to those positions accurately requires that all investments, business positions, interests in real property, and sources of income that may foreseeably be affected materially by the decisions made by those holding designated positions are reported. The code includes all other provisions required by Government Code Section 87302.
__________________________________________ _________________________ Signature of Chief Executive Officer Date
All agencies must complete and return this notice regardless of how recently your code was approved or amended. Please return this notice no later than October 1, 2024, or by the date specified by your agency, if earlier, to:
(PLACE RETURN ADDRESS OF CODE REVIEWING BODY HERE)
PLEASE DO NOT RETURN THIS FORM TO THE FPPC.

Minutes of the Special Meeting of the
Bell City Council
July 16, 2024
AGENDA ITEM 9

MINUTES OF THE SPECIAL MEETING OF THE BELL CITY COUNCIL T
uesday, July 16, 2024
6:30 P.M. Closed Session 7:00 P.M. Open Meeting
Locat
ion: Bell Council Chambers, 6330 Pine Avenue, Bell CA 90201 M
ayor Saleh called the meeting to order at 6:39 p.m.

R
oll 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 PRESENT: Councilmembers Flores, Romero, and Mayor Saleh ABSENT: Councilmember Quintana and Vice-Mayor Arroyo
Communications from the Public on Closed Session Items
Thi
s 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.

S
eeing no public speakers Mayor Saleh closed the public comment.

M
ayor Saleh recessed the meeting to closed session at 6:42 p.m.

Closed Session
The
City Council and the related Authorities and Agencies will recess to closed session to confer with legal counsel regarding the following matters:
a. Potential Initiation of litigation pursuant Government Code Section 54956.9(d)(4):

One (1) Case
Reconvene Regular City Council Meeting
M
ayor Saleh reconvened the meeting at 7:00 p.m.

R
oll 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

MEETING WILL BE HELD IN-PERSON AT THE BELL COUNCIL CHAMBERS PUBLIC COMMENT: If you wish to make a comment on items listed on the agenda, you may attend the meeting in- person at Bell Council Chambers. 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 Tuesday, July 16, 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).

Minutes of the Special Meeting of the
Bell City Council
July 16, 2024
AGENDA ITEM 9

PRESENT: Councilmembers Flores, Romero, and Mayor Saleh

ABSENT: Councilmembers Quintana and Vice-Mayor Arroyo

Pledge of Allegiance was led by Mayor Saleh
City Attorney Report
City Attorney Dave Aleshire reported out the following: Item A) a status report was given; no reportable action was taken.

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 listed on the agenda only. David Petit (email) 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. Consideration of approval of Planning Commission finding that the CEMEX Aggregate Transloading Facility Located at 5091 Rickenbacker Road in the Bell Business Center is a use customarily conducted in the open. (Council)

Recommendation: The public hearing on this item was originally noticed for June 12, 2024, but was continued at that meeting to July 24, 2024, and then re-noticed for July 16, 2024. It is recommended that the City Council:

1. Receive the staff report, open the public hearing, and receive public input; and

2. Close the public hearing, read by title only, waive further reading and adopt Resolution 2024-24 titled: A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF BELL APPROVING PLANNING COMMISSION’S

RECOMMENDATION REGARDING FINDING AN AGGREGATE

TRANSLOADING FACILITY TO BE A USE CUSTOMARILY

CONDUCTED IN THE OPEN

City Attorney Dave Aleshire introduced, City Attorney June Ailin who provided a report on the item

Brief discussion ensued amongst the staff and council.

Mayor Saleh opened the public hearing.

Public Speakers
None

Mayor Saleh closed the public hearing.

City Attorney Dave Aleshire read the title resolution.

Minutes of the Special Meeting of the
Bell City Council
July 16, 2024
AGENDA ITEM 9

It was moved by Councilmember Romero to approve agenda item no. 1, as recommended.

Motion was seconded by Councilmember Flores which carried with the following roll call vote:

Roll Call: 3-0-0-2
AYES: Councilmember Flores, Romero, and Mayor Saleh
NOES: None
ABSTAIN: None
ABSENT: Councilmember Quintana and Vice-Mayor Arroyo

Motion Passed.

Next Regular Meeting, Wednesday, July 24, 2024

Mayor Saleh adjourned the meeting at 7:29 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 September 25, 2024.

________________________________
Angela Bustamante
City Clerk

Ali Saleh, Mayor

Minutes of The Meeting of the
Bell City Council and Related Agencies
August 28, 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

August 28, 2024

5:00 P.M. Closed Session
7:00 P.M. Regular Meeting

Location: Bell Community Center, 6250 Pine Avenue, Bell CA 90201

Vice-Mayor Arroyo called the meeting to order at 5:10 p.m.

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

PRESENT: Councilmember Flores, Romero, Vice-Mayor Arroyo and *Mayor Saleh.

ABSENT: Councilmember Quintana

*Mayor Saleh arrived at 5:11 p.m.

Staff Present: City Manager Michael L. Antwine, City Attorney Dave Aleshire, Community Development Director Manuel Acosta, Finance Director Ricky Manbahal, and Assistant to the City Manager Javier Ochiqui.

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.

Vice Mayor Arroyo recessed the meeting to closed session at 5:11 p.m.

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)

MEETING WILL BE HELD IN-PERSON AT THE BELL COMMUNITY CENTER

PUBLIC COMMENT: If you wish to make a comment on items listed on the agenda, you may attend the meeting in- person at Bell Community Center. Please complete a Request to Speak Card available in the location and wait until the mayor call s you to approach the podium. Please clearly state your name and address and proceed to make your comments .

You may also submit input electronically through a temporary public comment email established for City of Bell City Council meetings at [email protected]. Your written comment must be submitted by 4pm on Wednesday, August 28, 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 Meeting of the
Bell City Council and Related Agencies
August 28, 2024
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)
Property: 6400 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)
Properties: 6303, 6317, 6331 Pine 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: 6629 Pine 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 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)

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 City Employee Association (BCEA)

Reconvene Regular City Council Meeting

Mayor Saleh called the meeting to order at 7:12 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 Flores, Romero, Vice-Mayor Arroyo and Mayor Saleh.

ABSENT: Councilmember Quintana

Staff Present: City Manager Michael L. Antwine, City Attorney Dave Aleshire, Chief of Police Carlos Islas, Deputy City Engineer Rey Alfonso, Community Development Manuel Acosta, Assistant to the City Manager Javier Ochiqui, Finance Director Ricky Manbahal, Community Services Director Janine Andrade, Executive Assistant Lisa Guzman, Assistant City Clerk Marisa Craft, and City Clerk Angela Bustamante.

Minutes of The Meeting of the
Bell City Council and Related Agencies
August 28, 2024
Pledge of Allegiance was led by Mayor Saleh.

City Attorney Report

The City Attorney will report on any action(s) to be taken by the City Council/Agencies on Closed Session matters.

City Attorney Dave Aleshire reported out the following: Items A-E) a status report was given; no reportable action was taken. Items F -G) were discussed; direction was given to negotiators for further negotiations.

Mayor Saleh recused himself on items c, d and e.

Presentations and Recognitions

a. Backpack Giveaway Sponsors Recognitions
Community Service Director Janine Andrade thanked all the sponsors . She introduced Bell Chamber of Commerce President Robert Rojas who expressed appreciation to the city and sponsors . Community Development Director Janine Andrade presented certificates of recognition to the following: Assembly Woman Blanca Pacheco Assembly District 64, Charlies Chop Shot, City Driving, Epic Wings, Michoacan A Pedir de Boca, Piara Pizza, Rojas con Crema, Republic Services, SELA Art Center - Luis Carlos Sanchez, SELA Art Center, Studio Chardon Hair Design, TransTech, the Water Replenishment District, and Beer Thug Brewing.

b. Concerts in the Park Sponsors Recognitions
This item was pulled from the agenda.

c. National Night Out Sponsors Recognitions
This item was pulled from the agenda.

d. Recognition of Cal Dental Group Clinic located at 4021 Florence Avenue Mayor Saleh read and presented a certificate of recognition to James Jones.

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.

Stephano Padilla. Kathy Teague, Adolfo Vera, Luis Mesa (email).

Mayor Saleh recessed the meeting at 7:36 p.m.

Mayor Saleh reconvened the meeting at 7:42 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.

Vice-Mayor Arroyo made a comment.

Councilmember Romero made a comment.

Minutes of The Meeting of the
Bell City Council and Related Agencies
August 28, 2024
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 thanked the city staff in the Community Service Department for their efforts in organizing the summer concerts in the park. He also thanked Chief of Police Carlos Islas, the Bell Police Officer Association, and the Bell Chamber of Commerce for organizing the National Night Out event and the Backpack Giveaway. He noted that the city was using new audio and visual equipment for the city council meetings. He addressed the construction taking place at Florence and Walker. He announced that Pritchard Park would have a groundbreaking ceremony within the next thirty days. Lastly, he introduced the new Human Resource Manager Gina Skibar.

Business Session

1. Consideration to approve the Measure W S afe, Clean Water Program Municipal Transfer Agreement between the City of Bell and the Los Angeles County Flood Control District. (City Council)

Recommendation: It is recommended that the City Council approve the Measure W Safe, Clean Water Program Municipal Transfer Agreement Between the City and the Los Angeles County Flood Control District.

Deputy City Engineer Rey Alfonso provided a report on the item.

It was moved by Councilmember Romero to approve agenda item no. 1 , as recommended.

Motion was seconded by Councilmember Flores which carried with the following roll call vote:

Roll Call: 4-0-0-1
AYES: Councilmembers Flores, Romero, Vice-Mayor Arroyo, and Mayor Saleh.

NOES: None
ABSTAIN: None
ABSENT: Councilmember Quintana

Motion Passed.

2. Underground Storage Tank Cleanup Project. (City Council)

Recommendation: It is recommended that the City Council authorize the following actions:

1. The Reynolds Group to continue providing services related to the City’s Underground Storage Tank (UST) Cleanup Project (Project), pursuant to the Los Angeles Regional Water Control Board approved “Project Execution Plan” (PEP) for remediation and case closure;

2. Staff to pay for services rendered by the Reynolds Group Services on behalf of the City contingent on the City receiving reimbursements from the California Underground Storage Tank Clean Up Fund; and

3. Authorize the City Manager to execute PEPs, Budget Change Request Form(s) and

Minutes of The Meeting of the
Bell City Council and Related Agencies
August 28, 2024
other related documents necessary to close out this Project if the costs are reimbursable from California Underground Storage Tank Clean Up Fund.

Deputy City Engineer Rey Alfonso provided a report on the item.

It was moved by Vice-Mayor Arroyo to approve agenda item no. 2, as recommended. Motion was seconded by Councilmember Romero which carried with the following roll call vote:

Roll Call: 4-0-0-1
AYES: Councilmembers Flores, Romero, Vice-Mayor Arroyo, and Mayor Saleh.

NOES: None
ABSTAIN: None
ABSENT: Councilmember Quintana

Motion Passed.

3. Approve the sale of Bell Community Housing Authority property located at 6500 Lucille Avenue. (Bell Community Housing Authority)

Recommendation: It is recommended that the Bell Community Housing Authority approve the sale of property located at 6500 Lucille Avenue.

Mayor Saleh left the meeting at 7:53 p.m.

City Manager Michael L. Antwine 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 Councilmember Flores which carried with the following roll call vote:

Roll Call: 3-0-0-2
AYES: Councilmembers Flores, Romero, and Vice-Mayor Arroyo NOES: None
ABSTAIN: None
ABSENT: Councilmember Quintana and Mayor Saleh

Motion Passed.

4. Gage and Heliotrope - Acquisition Project. (City Council)

Recommendation: It is recommended that the City Council approve the acquisition of property located at 4773-4777 Gage and Heliotrope Avenue, in accordance with the payment requests under the Measure A, Acquisition- Only Program of Los Angeles County Regional Park and Open Space District (RPOSD); and the Office of Grants and Local Services (OGALS):

1. The sum of $868,686.91 to be paid by the County for the appraised value plus taxes, title, and escrow is eligible for payment request through LA County Regional Park and Open Space District;

Minutes of The Meeting of the
Bell City Council and Related Agencies
August 28, 2024

2. The sum of $83,577.18, to be paid by the City of Bell, is eligible for reimbursement through the Office of Grants and Local Services (difference between the total acquisition and the eligible payment by the LA County Regional Park and Open Space District, funded through ARPA);

3. and the sum of $5,000 to be paid by the City of Bell for the Environmental Fees is eligible for reimbursement through LA County Regional Park and Open Space District, funded through ARPA.

Mayor Saleh returned to the meeting at 7:58 p.m.

Community Service Director Janine Andrade provided a report on the item.

It was moved by Vice-Mayor Arroyo to approve agenda item no. 4, as recommended. Motion was seconded by Councilmember Romero which carried with the following roll call vote:

Roll Call: 4-0-0-1
AYES: Councilmembers Flores, Romero, Vice-Mayor Arroyo, and Mayor Saleh.

NOES: None
ABSTAIN: None
ABSENT: Councilmember Quintana

Motion Passed.

5. Approval for the Installation of a New Pour and Play Project at Camp Little Bear and to Enter Into an Agreement with Great Western Installations, Inc. (City Council)

Recommendation: It is recommended that the City Council approve an agreement with Great Western Inc. for the removal and replacement of the Pour and Play surface at Camp Little Bear Park Playground.

Community Service Director Janine Andrade provided a report on the item.

It was moved by Councilmember Romero to approve agenda item no. 5, as recommended. Motion was seconded by Vice-Mayor Arroyo which carried with the following roll call vote:

Roll Call: 4-0-0-1
AYES: Councilmembers Flores, Romero, Vice-Mayor Arroyo, and Mayor Saleh.

NOES: None
ABSTAIN: None
ABSENT: Councilmember Quintana

Motion Passed.

6. Consideration of a Resolution Approving the Issuance and Sale of Tax Allocation Refunding Bonds and Authorizing Certain Other Actions In Connection Therewith. (Successor Agency to the Bell Community Redevelopment Agency)

Recommendation: It is recommended that the Successor Agency to the Bell Community Redevelopment Agency read by title only, waive further reading and adopt Resolution 2024- 35 titled:

Minutes of The Meeting of the
Bell City Council and Related Agencies
August 28, 2024

A RESOLUTION OF SUCCESSOR AGENCY TO THE BELL

COMMUNITY REDEVELOPMENT AGENCY AUTHORIZING THE

ISSUANCE AND SALE OF TAX ALLOCATION REFUNDING BONDS IN
AN AMOUNT NOT TO EXCEED $6,000,000, AND APPROVING THE

FORM OF AN INDENTURE OF TRUST, A FORM OF ESCROW

AGREEMENT, A FORM OF BOND PURCHASE AGREEMENT, A FORM

OF CONTINUING DISCLOSURE AGREEMENT, AND AUTHORIZING

CERTAIN OTHER ACTIONS IN CONNECTION THEREWITH

City Manager Michael L. Antwine provided a power point presentation.

Discussion ensued amongst the staff and council.

Consultant Jose Vera from Raymond James provided additional information.

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 Vice-Mayor Arroyo which carried with the following roll call vote:

Roll Call: 4-0-0-1
AYES: Councilmembers Flores, Romero, Vice-Mayor Arroyo, and Mayor Saleh.

NOES: None
ABSTAIN: None
ABSENT: Councilmember Quintana

Motion Passed.

7. Development Impact Fee Analysis, Cost Allocation Plan and Nexus Study. (City Council)

Recommendation: It is recommended that the City Council:

1. City Council provide feedback and direction to staff on the Development Impact Fee Analysis, Cost Allocation Plan, and Nexus Study; and

2. Set a Public Hearing on Wednesday, October 9, 2024.

Finance Director Rickey Manbahal introduced the item.

Consultant, Wildan Financial Services, James Edison who provided a power point presentation.

Discussion ensued amongst the staff and council.

It was moved by Councilmember Romero to approve agenda item no. 7, as recommended. Motion was seconded by Vice-Mayor Arroyo which carried with the following roll call vote:

Roll Call: 4-0-0-1
AYES: Councilmembers Flores, Romero, Vice-Mayor Arroyo, and Mayor Saleh.

NOES: None
ABSTAIN: None
ABSENT: Councilmember Quintana

Motion Passed.

Minutes of The Meeting of the
Bell City Council and Related Agencies
August 28, 2024
Consent Calendar

The following Consent Calendar items are expected to be routine and non- controversial. They are acted upon by the City Council and related authorities at one time without discussion. The reading of the full text of ordinances and resolutions will be waived unless a Councilmember requests otherwise.

Recommendation: Approve agenda items 8-13.

It was moved by Vice Mayor Arroyo to approve agenda items 8 through 13 (Except for items 8 & 10 these items were pulled by Councilmember Romero ). Motion was seconded by Councilmember Flores which carried with the following voice vote:

Roll Call: 4-0-0-1
AYES: Councilmembers Flores, Romero, Vice-Mayor Arroyo and Mayor Saleh NOES: None
ABSTAIN: None
ABSENT: Councilmember Quintana

Motion Passed.

8. It is recommended that the City Council read by title only, waive further reading and adopt the following resolutions:

1. Resolution No. 2024 - 36 A Resolution of the City Council of the City of Bell Adopting and Re-Establishing the Fiscal Year 2024-25 Annual Levy Rate to meet the City of Bell General Obligation Bonds, Series 2018A and Series 2018B.

2. Resolution No. 2024 – 37 A Resolution of the City Council of the City of Bell Adopting and Re- Establishing the Fiscal Year 2024- 25 Rate of Annual Voter - Approved Property Tax Override to Fund Pension and Other Retiree Obligations.

Finance Director Ricky Manbahal provided a report on the item.

Brief discussion ensued amongst the staff and council.

City Attorney Dave Aleshire read the title of the resolutions.

It was moved by Councilmember Romero to approve agenda item no. 8, as recommended. Motion was seconded by Vice-Mayor Arroyo which carried with the following voice vote:

Roll Call: 4-0-0-1
AYES: Councilmembers Flores, Romero, Vice-Mayor Arroyo, and Mayor Saleh.

NOES: None
ABSTAIN: None
ABSENT: Councilmember Quintana

Motion Passed.

9. It is recommended that the City Council read by title only, waive further reading and adopt

Minutes of The Meeting of the
Bell City Council and Related Agencies
August 28, 2024
Resolution 2024-38 titled:

A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF BELL

APPROVING THE APPROPRIATION OF FUNDS FOR THE
STREET IMPROVEMENT PROJECT FISCAL YEAR 2024 -2025
(SB1)

10. It is recommended that the City Council read by title only, waive further reading and adopt Resolution 2024-39 titled:

A RESOLUTION DETERMINING AND ESTABLISHING AN
APPROPRIATIONS LIMIT FOR FISCAL YEAR 2024 -2025 IN

ACCORDANCE WITH ARTICLE XIII B OF THE CALIFORNIA
CONSTITUTION AND GOVERNMENT CODE SECTION 7910\

Finance Director Ricky Manbahal 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. 10, as recommended.

Motion was seconded by Councilmember Flores which carried with the following roll call vote:

Roll Call: 4-0-0-1
AYES: Councilmembers Flores, Romero, Vice-Mayor Arroyo, and Mayor Saleh.

NOES: None
ABSTAIN: None
ABSENT: Councilmember Quintana

Motion Passed.

11. General Warrants, Successor Agency to the Bell Community Redevelopment Agency and Community Housing Authority Warrants of August 28, 2024. (Council/Successor Agency to the Bell Community Redevelopment Agency/Bell Community Housing Authority).

12. City of Bell & Bell Successor Agency Investment Reports as of June 2024. (City Council)

13. Minutes for the Regular City Council Meetings of June 26, 2024, July 24, 2024 and Special City Council Meeting held on July 24, 2024. (City Council)

Pending Items – None

Next Regular Meeting, Wednesday, September 11, 2024

Mayor Saleh adjourned the meeting at 9:07 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 September 25, 2024.

________________________________
Angela Bustamante, City Clerk

Ali Saleh, Mayor

Minutes of the Meeting of the
Bell City Council and Related Agencies
September 11, 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

September 11, 2024

5:00 P.M. Closed Session
7:00 P.M. Regular Meeting

Location: Bell Community Center, 6250 Pine Avenue, Bell CA 90201

Mayor Saleh called the meeting to order at 5:12 p.m.

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

PRESENT: Councilmembers Quintana*, Romero, Vice-Mayor Arroyo and Mayor Saleh

ABSENT: Councilmember Flores

*Councilmember Quintana arrived at 5:20 p.m.

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.

Mayor Saleh recessed the meeting to closed session at 5:13 p.m.

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

MEETING WILL BE HELD IN-PERSON AT THE BELL COMMUNITY CENTER

PUBLIC COMMENT: If you wish to make a comment on items listed on the agenda, you may attend the meeting in- person at Bell Community Center. Please complete a Request to Speak Card available in the location and wait until the mayor call s you to approach the podium. Please clearly state your name and address and proceed to make your comments .

You may also submit input electronically through a temporary public comment email established for City of Bell City Council meetings at [email protected]. Your written comment must be submitted by 4pm on Wednesday, September 11, 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 Meeting of the
Bell City Council and Related Agencies
September 11, 2024
b. 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

c. CONFERENCE WITH REAL PROPERTY NEGOTIATORS (Pursuant to Government Code section 54956.8)
Property: 4773-4777 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 REAL PROPERTY NEGOTIATORS (Pursuant to Government Code section 54956.8)
Property: APN 6327-002-900,901
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: APN 6226-005-900,901,902,903
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: APN 6226-006-900,901,902,903
Agency negotiators: Michael L. Antwine II (City Manager), and Dave Aleshire (City Attorney) Negotiating parties: To be Determined

g. CONFERENCE WITH REAL PROPERTY NEGOTIATORS (Pursuant to Government Code section 54956.8)
Properties: 6303, 6317, 6331 Pine Avenue, Bell CA 90201 Agency negotiators: Michael L. Antwine II (City Manager), and Dave Aleshire (City Attorney) Negotiating parties: To be Determined

h. CONFERENCE WITH REAL PROPERTY NEGOTIATORS (Pursuant to Government Code section 54956.8)
Property: 6629 Pine Avenue, Bell CA 90201
Agency negotiators: Michael L. Antwine II (City Manager), and Dave Aleshire (City Attorney) Negotiating parties: To be Determined

i. 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

j. 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

Minutes of the Meeting of the
Bell City Council and Related Agencies
September 11, 2024

k. 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)

l. 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

Mayor Saleh called the meeting to order at 7:08 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 Quintana, Romero, Vice-Mayor Arroyo and Mayor Saleh.

ABSENT: Councilmember Flores

*Councilmember Quintana arrived at 7:11 p.m.

Staff Present: City Manager Michael L. Antwine, City Attorney Dave Aleshire, Chief of Police Carlos Islas, 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, Human Resources and Risk Manager Gina Skibar, Deputy Community Service Director Janine Andrade, Economic Development Specialist Martin Rodriguez, Senior Economic Development Specialist Valentin Flores, City Clerk Angela Bustamante, and Executive Assistant Lisa Guzman.

Pledge of Allegiance was led by Chief of Police Carlos Islas during the September 11 th
Commemoration.

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 out the following: Items A-B) were discussed; no reportable action was taken. Item C) was not discussed. Items D-F) were discussed no reportable action was taken. Items G-H) were not discussed. Items I-J) were discussed; no reportable action was taken.

Items K-L) a status report was given; direction was given to negotiators for further negotiations; there was no reportable action.

*Mayor Saleh recused himself from Items I & J.

Presentations and Recognitions

a. Proclamation declaring the month of September as Hispanic & Latino Heritage Month Mayor Saleh read the proclamation.
b. Proclamation declaring the month of September as National Suicide Prevention Month Mayor Saleh read the proclamation.

Minutes of the Meeting of the
Bell City Council and Related Agencies
September 11, 2024
c. September 11, 2001 Commemoration
The
Bell Color Guard placed the colors, and the pledge of allegiance was led by Chief of Police Carlos Islas. Captain Jiminez and Fire Fighter spoke commemorating the victims and first responders on September 11th.

C
ommunications from the Public
Thi
s 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. Juan Perez, Kathy Teague, Antonio Robles, Luis Mesa, and Edwin Gonzalez.

M
ayor and City Council Communications
P
ursuant 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.

C
ouncilmember Quintana made a comment.

Councilmember Romero made a comment.

Vice-Mayor Arroyo made a comment.

Mayor Saleh made a comment.

C
ity Manager Report
I
n 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.

C
ity Manager Michael L. Antwine thanked first responders , the Bell Police Department, Los Angeles County Fire Department, and the Public Works department s for their service. He welcomed the high school students that were in attendance. He reported that the mayor and him attended the COG retreat and discussed transportation, electrical vehicle charging infrastructure and housing and homelessness issues. He announced that the grand opening of the Bell Family Night Market will be on September 28 th. He also announced future groundbreaking and grand opening: Prichard Field, Loaded Cafe, Korean BBQ, and In-N-Out.

B
usiness Session

1. S
mall Business Assistance Program – Los Angeles Economic Equity Accelerator and Fellowship (LEEAF). (City Council)
R
ecommendation: It is recommended that the City Council award a contract to Cal State LA University Auxiliary Services, Inc. in the amount not to exceed $50,000 for One year (1) to provide Small Business Services and Assistance to local small business within the City of Bell.

C
ommunity Development Director Manuel Acosta introduced the item.

E
conomic Development Specialist Martin Rodriguez provided a report.

S
enior Economic Development Specialist also provided information on the item.

E
laine Rodriguez, from Los Angeles Economic Equity Accelerator and Fellowship provided information on the item.

Minutes of the Meeting of the
Bell City Council and Related Agencies
September 11, 2024
Brief discussion ensued amongst the staff and council
I
t was moved by Vice-Mayor Arroyo to approve agenda item no. 1, as recommended. Motion was seconded by Councilmember Quintana which carried with the following roll call vote:

Roll Call: 4-0-0-1
AYES: Councilmembers Quintana, Romero, Vice-Mayor Arroyo, and Mayor Saleh.

NOES: None
ABSTAIN: None
ABSENT: Councilmember Flores
M
otion Passed.

2. R
andolph Street Beautification Project Access and License Agreement. (City Council) R
ecommendation: It is recommended that the City Council authorize the City Manager to execute the Access and License Agreement with the City of Maywood and its agents to enter certain City owned property along Randolph Street.

C
ity Manager Michael L. Antwine provided a report on the item.

I
t was moved by Councilmember Quintana 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: 4-0-0-1
AYES: Councilmembers Quintana, Romero, Vice-Mayor Arroyo, and Mayor Saleh.

NOES: None
ABSTAIN: None
ABSENT: Councilmember Flores
M
otion Passed.

3. A
ppointment of a Second Voting Alternate to Participate in the League of California Cities Annual Business Meeting. (City Council)
R
ecommendation: It is recommended that the City Council appoint a second alternate to participate in the League of California Cities General Assembly meeting on October 18, 2024.

City Manager Michael L. Antwine provided a report on the item.

C
ouncil appointed Mayor Saleh as the second delegate.

I
t was moved by Councilmember Romero to approve agenda item no. 3, as recommended. Motion was seconded by Councilmember Quintana which carried with the following voice vote:

Roll Call: 4-0-0-1
AYES: Councilmembers Quintana, Romero, Vice-Mayor Arroyo, and Mayor Saleh.

NOES: None
ABSTAIN: None
ABSENT: Councilmember Flores
M
otion Passed.

Minutes of the Meeting of the
Bell City Council and Related Agencies
September 11, 2024
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 4 AND 5.

It was moved Councilmember Quintana to approve agenda items 4 and 5. Motion was seconded by Councilmember Romero which carried with the following voice vote:

Roll Call: 4-0-0-1
AYES: Councilmembers Quintana, Romero, Vice-Mayor Arroyo and Mayor Saleh NOES: None
ABSTAIN: None
ABSENT: Councilmember Flores

Motion Passed.

4. City of Bell & Bell Successor Agency Investment Reports as of Ju ly 2024. (City Council/Successor Agency to the Bell Community Redevelopment Agency)

5. General Warrants, Successor Agency to the Bell Community Redevelopment Agency and Community Housing Authority Warrants of September 11, 2024 . ( Council/Successor Agency to the Bell Community Redevelopment Agency/Bell Community Housing Authority).

Pending Items – None

Next Regular Meeting, Wednesday, September 25, 2024

Mayor Saleh adjourned the meeting at 8:33 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 September 25, 2024.

________________________________
Angela Bustamante, City Clerk

Ali Saleh, Mayor