Agenda
Regular Meeting of the
B
ell City Council/Bell Community Housing Authority/Successor Agency to the Bell Community Redevelopment Agency/ Bell Public Finance Authority Wednesday, October 9, 2024
5:
00 P.M. CLOSED SESSION
7:00 P.M. OPEN SESSION
BEL
L COMMUNITY CENTER
6250 PINE AVENUE, BELL CA 90201
Ali Saleh
Mayor
M
onica Arroyo Francis Flores
Vice-Mayor Council Member
A
na Maria Quintana
Alicia Romero
Council Member Council Member
Welcome to the City Council Meeting
The Bell City Council and staff welcome you. This is your City Government.
Individual participation is a basic part of American Democracy and all Bell residents are encouraged to attend meetings of the City Council. Regular City Council meetings are held the second and fourth Wednesday of the m onth at 7:00 p.m., Bell Community Center, 6250 Pine Avenue. For more information, you may call City Hall during regular business hours 8:00 a.m. to 4:00 p.m., Monday through Friday at (323) 588-6211 Extension 2615.
City Council Organization
T
here are five City Council members, one of whom serves as Mayor and is the presiding officer of the City Council. These are your elected representatives who act as a Board of Directors for the City of Bell. City Council members are like you, concerned residents of the community who provide guidance in the operation of your City.
Addressing the City Council
I
f you wish to speak to the City Council on any item which is listed or not listed on the City Council Agenda, please complete a Request to Speak Card available in the back of the City Council Chambers. Please submit the completed card to the City Clerk prior to the meeting. The Mayor will call you to the microphone at the appropriate time if you have filled out a Request to Speak Card. At that time, approach the podium and please clearly state your name and address, and proceed to make your comments.
Compliance with Americans with Disabilities Act
T
he City of Bell, in complying with the Americans with Disabilities Act (ADA), request individuals who require special accommodation(s) to access, attend, and or participate in a City meeting due to disability. Please contact the City Clerk’s Office, (323) 588-6211, Ext. 2615, at least one business day prior to the scheduled meeting to ensure that we may assist you.
Statement Regarding Compensation for Members of the Bell City Council Compensation for the members of the Bell City Council is $673 a month. In accordance with Government Code Section 54952.3, Councilmembers will not receive any additional compensation or stipend for the convening of the following regular meetings: Successor Agency to the Bell Community Redevelopment Agency, the Bell Community Housing Authority, the Bell Public Finance Authority, the Bell Surplus Property Authority, and the Bell Solid Waste Authority.
Meeting of the
Bell City Council and Related Agencies
October 9, 2024
REGULAR JOINT MEETING OF THE
B
ell City Council/Bell Community Housing Authority/Successor Agency to the Bell Community Redevelopment Agency/Bell Public Finance Authority O
ctober 9, 2024
5:
00 P.M. Closed Session
7:00 P.M. Regular Meeting
Locat
ion: Bell Community Center, 6250 Pine Avenue, Bell CA 90201
Call
to Order
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 C
ommunications 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.
C
losed Session
The C
ity Council and the related Authorities and Agencies will recess to closed session to confer with legal counsel regarding the following matters:
a. C
ONFERENCE 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
b. C
ONFERENCE 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 Determi
ned
c. C
ONFERENCE WITH REAL PROPERTY NEGOTIATORS (Pursuant to Government Code section 54956.8)
Property: 4400-4410 Gage Avenue, Bell CA 90201
MEETING WILL BE HELD IN-PERSON AT THE BELL COMMUNITY CENTER PUBLIC COMMENT: If you wish to make a comment on items listed on the agenda, you may attend the meeting in- person at Bell Community Center. Please complete a Request to Speak Card available in the location and wait until the mayor call s you to approach the podium. Please clearly state your name and address and proceed to make your comments .
You may also submit input electronically through a temporary public comment email established for City of Bell City Council meetings at [email protected]. Your written comment must be submitted by 4pm on Wednesday, October 9, 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 Meeting of the
Bell City Council and Related Agencies
October 9, 2024
Agency negotiators: Michael L. Antwine II (City Manager), and Dave Aleshire (City Attorney) Negotiating parties: To be Determined
d. C
ONFERENCE 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. CO
NFERENCE WITH LABOR NEGOTIATORS - Government Code Section 54957.6, A
gency designated representatives: Michael L. Antwine II (City Manager), and Dave Aleshire (City Attorney) Employee Organization: Bell Police Officers Association (BPOA) f. CO
NFERENCE WITH LABOR NEGOTIATORS - Government Code Section 54957.6, A
gency designated representatives: Michael L. Antwine II (City Manager), and Dave Aleshire (City Attorney) Employee Organization: Bell City Employee Association (BCEA) g. CO
NFERENCE WITH LABOR NEGOTIATORS - Government Code Section 54957.6, A
gency designated representatives: Michael L. Antwine II (City Manager), and Dave Aleshire (City Attorney) Employee Organization: Bell Executive Management Association (BEMA)
R
econvene Regular City Council Meeting
C
all to Order
R
oll Call of the City Council in their capacities as Councilmembers/Members of all Related Agencies: Arroyo, Flores, Romero, Saleh, and Quintana
P
ledge of Allegiance
C
ity Attorney Report
T
he City Attorney will report out on any action(s) to be taken by the City Council/Agencies on Closed Session matters.
P
resentations and Recognitions
a. B
ell Police Officers Swearing In Ceremony – Alexander Zamora and Celene Perez b. Proclamation declaring the month of October as Breast Cancer Awareness Month 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. (Each speaker is limited to three minutes)
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.
Meeting of the
Bell City Council and Related Agencies
October 9, 2024
City 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.
B
usiness Session
1. S
upport for Proposition 4: Safe Drinking Water, Wildfire Prevention, Drought Preparedness and Clean Air Bond 2024. (City Council)
R
ecommendation: It is recommended that the City Council support Proposition 4 and read by title only, waive further reading, and adopt Resolution No. 2024-44 titled:
“
A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF BELL,
CALIFORNIA, SUPPORTING PROPOSITION 4: THE SAFE
DRINKING WATER, WILDLIFE PREVENTION, DROUGHT
PREPAREDNESS, AND CLEAN AIR BOND ACT OF 2024”
2. A
pproval of Amendment to the MV Cheng & Associates Inc. Agreement. (City Council) R
ecommendation: It is recommended that the City Council approve Amendment No. 1 to the MV Cheng & Associates Inc. professional services agreement.
3. S
trategic Plan Update (Status Report No. 2). (City Council) R
ecommendation: It is recommended that the City Council receive and file this report.
4. A
dopt a Resolution and Approval of the Implementation Agreement and with Gateway Cities Council of Governments for the Slauson Avenue Complete Street Study (City Council) R
ecommendation: It is recommended that the City Council read by title only, waive further reading and adopt Resolution No. 2024-45 titled:
A
RESOLUTION OF THE CITY COUNCIL OF THE CITY OF BELL,
CALIFORNIA, APPROVING THE IMPLEMENTATION AGREEMENT
FOR THE SLAUSON AVENUE COMPLETE STREET STUDY WITH THE
GATEWAY CITIES COUNCIL OF GOVERNMENTS AND ALLOCATING
FUNDING FROM MEASURE “M” FUNDS FOR THE CITY’S SHARE OF
THE CONTRIBUTION TO PREPARE THE STUDY
C
onsent Calendar
The f
ollowing Consent Calendar items are expected to be routine and non- controversial. They are acted upon by the City Council and related authorities at one time without discussion. The reading of the full text of ordinances and resolutions will be waived unless a Councilmember requests otherwise.
R
ecommendation: Approve agenda item 5
5. G
eneral Warrants, Successor Agency to the Bell Community Redevelopment Agency and Community Housing Authority Warrants of October 9, 2024. ( Council/Successor Agency to the Bell Community Redevelopment Agency/Bell Community Housing Authority).
Meeting of the
Bell City Council and Related Agencies
October 9, 2024
Pending Items – None
N
ext Regular Meeting, Wednesday, October 23, 2024
I
, Angela Bustamante, City Clerk of the City of Bell, certify that a true, accurate copy of the foregoing agenda was posted October 4, 2024 at least seventy-two (72) hours prior to the meeting as required by law.
__________________________
Angela Bustamante, City Clerk
REGULAR MEETING OF THE
BELL CITY COUNCIL AND RELATED AGENCIES
October 9, 2024
5:00 P.M. Closed Session
7:00 P.M. Regular Session
INDEX
Agenda Category Item Number Page Numbers
CLOSED SESSION a – g
AGENDA & INDEX 1-7
PUBLIC HEARINGS None
BUSINESS SESSION 1 8-11
2 12-39
3 40-58
4 59-76
CONSENT CALENDAR 5 77-142
Strategic Plan Update #2
Presented by:
Michael L. Antwine II,
City Manager
Javier Ochiqui, Assistant to the City
Manager
1
Overview
The purpose of the Strategic Plan is to develop goals, targets and action plan with the desired outcome for the betterment, growth and prosperity of the community.
This Strategic Plan defined specific goals and targets to provide staff with clear direction. It is the responsibility of the City Manager to implement the plan set forth by the City Council, utilizing the City Departments and Executive Team.
The Strategic Plan was developed through a collaborative workshop with the City Council and Bell Executive Team that was held on Saturday, October 7, 2023.
2
City Council’s Top
4 Targets:
The “Targets” were developed at the
Strategic Planning/Goal Setting Workshop.
The City Council determined that the
targets identified would serve as the key
pillars in which to categorize
specific goals
and action plans.
Target 1
Economic Development
Target 2
Communications/Image/
Outreach
Target 3
Quality of Life
Target 4
Budget/Revenues/Fiscal
Sustainability
3
Top Priority Goals (Level 1)
Second Priority Goals (Level 2)
Third Priority Goals (Level 3)
GOALS
The Mayor and Council
identified the key priorities
and separated them into
three (3) levels:
4
Goal 1 - Implement improvements to
Atlantic and Gage
Goal 2 - : Implement improvements
to Florence and Walker
Goal 3 - Become business friendly
(e.g., Façade program, etc.)
Goal 4 - Sell BCHA properties
Goal 5 - Complete Stack Yard
Brewery project
Target 1 - Economic
Development
5
Target 1 - Economic Development
Goals/Target#1 Department Action Items Schedule Status
Goal 1 - Implement
improvements to
Atlantic and Gage
Community
Development
*Complete SLA Process
*PSA
*Entitlement Process
*February 2024
January 2025
SLA Completed
Entitlement Process – Not Started
Selecting a Developer – In Process
Goal 2 - Implement
improvements to
Florence and Walker
Community
Development
*Complete SLA
Developer is City Ventures)
*Purchase and Sale
Agreements (COMPLETED)
*Entitlement Process
*90 days to complete SLA process
(COMPLETED)
*6 months to complete
negotiations and development
concepts (COMPLETED)
*6 months for entitlements
SLA Completed
City Ventures - In process to submit
for Entitlements for 50 Townhomes
Construction started on Pritchard
Field Park Project. Completion in
April 2025.
6
Target 1 - Economic Development
Goals/Target#1 Department Action Items Schedule Status
Goal 3 - Become business
friendly (e.g., Façade
program, etc.)
Community
Development
*Complete outreach of the
program (ON-GOING)
*Engage property and business
owners (ON-GOING)
*Develop the scope of work
*Recruit new property and business
owners for new fiscal year
*30 days approval
*60 days design and bidding
process
*90 days construction
In process with completion in Spring 2025
Three (3) locations have been selected:
1. 4380 Gage Avenue = El Nuevo Mundo
2. 4320 Gage Avenue = J. Betanco Furniture
3. 6509 Atlantic Avenue = Zapateria Mexicana
Goal 4 - Sell BCHA
properties
Community
Development/
City Manager’s
Office
*Update Relocation Plan
*RFP for Relocation Plan
*Hire Consultant for Relocation
Plan
*Notice the tenants
*Select broker (COMPLETED)
*Conduct SLA and RFP
(COMPLETED)
*Prepare Purchase and sale
agreements (In process)
*ITBD Final Sales Dates
*February 2025 to complete
negotiations and development
concepts
*March 2025 to complete
entitlements
In process
(sold five (5) properties as of 10/9/24)
City has selected developer for 6502 Flora to
build 10 new townhomes (For Sale)
City in process of selecting a developer for Pine
Avenue properties
Relocation Plan consultant to be selected by
December 2024
Goal 5: Complete Food
Hall project.
Community
Development
*Complete negotiations with the
current developer and remove him
from the project.
*Negotiate with a new developer
to complete the project. (ON-
*30 days to complete the
negotiation with the current
developer (COMPLETED)
*45 days to complete
negotiations with new developer.
*In process
*Feasibility consultant (ON-GOING)
- City to approve a Development Agreement
w/Gentefy by December 2024.
7
Target 2 -
Communications/Image/Outreach
Goals/Target#1 Department Action Items Schedule Status
Goal 1 - Develop
newsletter
Community
Services/City
Manager's
Office
Research Phase Winter 2024 In process
Goal 2 - Expand use
of social media
Community
Services
Tic Toc Winter 2025 In process
Goal 3 - Use
effective/quality
translation services
City Clerk's
Office
Research Phase Winter/Spring 2024 In process
Goal 4 – Develop
branding and image
for City of Bell
Community
Development
Promote New Logo
and New Bell concept
(starting now) Completed and On-Going
8
Goal 1 - Develop newsletter
Goal 2 - Expand use of social
media
Goal 3 - Use effective/quality
translation services
Goal 4 – Develop branding
and image for City of Bell
Target 2 -
Communications/Image/
Outreach
9
Goal 1 – Increase parking
control
Goal 2 - Increase Code
Enforcement
Goal 3 - Increase public safety visibility to
include safe parks and walkways
Goal 4 - Engage seniors in
volunteerism
Goal 5 - Maintain a clean City
Target 3 - Quality of
Life
10 Goal 6 – Develop community
participation
Target 3 - Quality of Life
Goals/Target#1 Department Action Items Schedule Status
Goal 1 - Increase
parking control
Police
Department
Parking enforcement plan
best practices changes
recently developed and
are being implemented
Currently being implemented Completed: One (1) addt'l Bell Parking Officer recently hired will
augment parking staff to increase
productivity.
On going - City Manager and
Police Chief evaluating service
options
Goal 2 - Increase Code
Enforcement
Police
Department
Chief is working with CD
Director to develop Code
Enforcement productivity
initiatives for increased
performance
12/15/23 In progress - Community
Development and City Manager
researching best practices
Goal 3 - Increase public
safety visibility to include
safe parks and walkways
Police
Department
PD Admin is developing a
new Patrol Plan
incorporating focused
daily patrol with available
resources
Ongoing to identify best practices In process -
City Manager and Police Chief are
evaluating alternative deployment
schedules and strategies
Some limitations are due to staff
shortages due to due to injuries
and attrition, etc.
Goal 4 – Engage seniors
in volunteerism
Community
Services
Senior Surveys and
Outreach. Launch Bell's
Silver Volunteer Program
Spring 2024 Senior Lunch program started in
2024
Senior Field Trips Contractor to
11
Target 3 - Quality of Life
Goals/Target#1 Department Action Items Schedule Status
Goal 5 - Maintain a
clean City
Public Works Assess Existing in-house
maintenance programs as
well as contracts/make
adjustments. (1) Weekly
focus on weed
abatement, tree trimming,
and bulky removal efforts.
(2) Create a curb &
address painting program.
On-Going/New RFPs 3/24.
(1) On-going,
(2) Main arterials once every 1-2
years. Collector roads every 2-3
years.
In Process -
Hiring vacant positions and
purchasing equipment, such as a
woodchipper and light weight
dump truck.
FY 25 - New landscape RFP that
includes all ROW areas Citywide
Goal 6 - Develop
community participation
Community
Services
Increase in event
volunteerism. Develop a
Youth Volunteer Program.
TBD In process
12
Goal 1 – Explore a sales tax
revenue measure
Goal 2 - Complete a Fee
Study (Infrastructure & LLMD’s)
Goal 3 - Address the City’s
CalPERS unfunded liability
Goal 4 - Evaluate sale of City-owned
properties and conduct revenue search to
enhance the City’s economic development
Goal 5 - Update the City’s finance
related policies including purchasing and
signature authority
Target 4 –
Budget/Revenues/Fiscal
Sustainability
13 Goal 6 – Expand the Police
Department’s shared services with
other neighboring communities
Goal 7 – Leverage partnerships
for funding opportunities
Target 4 – Budget/Revenues/Fiscal
Sustainability
Goals/Target#1 Department Action Items Schedule Status
Goal 1 - Explore a sales tax
revenue measure
Finance
Department
Council approved to
proceed at the 11/8/23 Mtg.
4 months Completed
Goal 2 - Complete a Fee
Study (Infrastructure &
LLMD’s)
Finance
Department
Contract is approved with
ClearSource for User Fee
Study, and Willdan for DIF
study
should be completed by April
2024
Completed
Goal 3 - Address the City’s
CalPERS unfunded liability
Finance
Department/
Human
Resources
Council approved formation
of a 115 and Pension Trust on
11/08/23
Continuous Completed
Goal 4 – Evaluate sale of
City-owned properties and
conduct revenue search to
enhance the City’s
economic development
Community
Development/
City Manager's
Office
*Review properties
*Prepare reports for Council
review
*Evaluate and prepare
recommendation
*12 months
*Sale of property needs to be
complete to do analysis or we
evaluate each phase
separate.
In process
14
Target 4 – Budget/Revenues/Fiscal
Sustainability
Goals/Target#1 Department Action Items Schedule Status
Goal 5 - Update the
City’s finance related
policies including
purchasing and
signature authority
Finance
Department
Finance is currently
working on updating the
purchasing, travel &
training policies
December 2024 In process
To be completed by January 2025
Goal 6 - Expand the
Police Department’s
shared services with
other neighboring
communities
Police
Department/ City
Manager's Office
PD currently is working
with Montebello PD to
explore dispatch shared
services. In addition, Bell
PD has ongoing
discussions with Cudahy
for possibility for PD shared
services
January 2025 In process
Goal 7 - Leverage
partnerships for funding
opportunities
All Departments/
City Manager's
Office
Partnering with El Aviso
Magazine for Holiday
Village, elevating event
features.
Ongoing In process
15
16 Questions?
SLAUSON AVENUE COMPLETE STREET STUDY
IMPLEMENTATION AGREEMENT
BY AND BETWEEN
GATEWAY CITIES COUNCIL OF GOVERNMENTS
AND
CITY OF ________________
THIS SLAUSON AVENUE COMPLETE STREET STUDY IMPLEMENTATION AGREEMENT (“Agreement”) is made and entered as of the ____ day of ___________, 2024, by and between the Gateway Cities Council of Governments , a California joint powers authority (“GCCOG”) and the City of __________________________, a California municipal corporation (“City”), individually a “Party” and collectively, the “Parties”.
In consideration of the mutual covenants and conditions set forth herein, the parties hereto agree as follows:
Section 1. Findings
. This Agreement is made and entered into with respect to the following facts:
(a) Slauson Avenue is a major east/west arterial corridor through the Gateway Cities subregion from Santa Fe Springs Road in the Cities of Santa Fe Springs and Whittier west to Wilmington Avenue in the City of Huntington Park for a total of 12.34 miles.
(b) Slauson Avenue carries a significant amount of traffic, particularly in relieving heavy traffic volumes along the I- 710, I -605, and I -5 freeway s, which it crosses at varying points.
(c) The City, along with other agencies through which the Slauson Avenue Corridor (“Corridor”) runs, is desirous of establishing a “Complete Streets” study for a subregional arterial corridor plan for this major Corridor to relieve traffic congestion and to enhance active transportation opportunities in the neighboring communities, and for GCCOG to coordinate and implement such a study (“Slauson Avenue Complete Street Study” or the “Study”). (d) The development of the Study would position the participating agencies to apply for, and receive, federal, state, and regional funding for improvement of the Corridor.
(e) Section 21 of Joint Exercise of Powers Agreement of the Gateway Cities Council of Governments, to which the City is a signatory, provides that when authorized by the Board of Directors, affected Members may execute an
implementation agreement for the purpose of authorizing GCCOG to implement, manage and administer area- wide and regional programs in the interest of the local public welfare, and that the costs incurred by such program, including indirect costs, shall be assessed only to those members who are parties to an implementation agreement.
Section 2. Implementation of Slauson Avenue Complete Street Study . To the fullest extent of its authority, the City authorizes GCCOG to implement and initiate the Slauson Avenue Complete Street Study, including any initial feasibility studies required to coordinate with other transportation studies. Further, the City authorizes GCCOG to request funding from and to partner with other public agencies for the Slauson Avenue Complete Street Study (including, but not limited to, Caltrans, SCAG, and Metro).
Section 3. Scope of Work
. The Scope of Work to be performed for the Study
under this Agreement is described in Attachment A attached hereto and incorporated by this reference.
Section 4. Assessment for Proportional Costs of Study . The City agrees to pay
to GCCOG upon execution of this Agreement an assessment in the amount set forth in Attachment A for City’s proportional share of the projected costs of the Study.
Section 5. Committees
.
(a) Slauson Avenue Complete Street Study Committee.
There is hereby
established a committee to be known as the Slauson Avenue Complete Street Study Committee. The Slauson Avenue Complete Street Study Committee shall consist of an elected member of the legislative body of each agency that has entered into a Slauson Avenue Complete Street Study Implementation Agreement with GCCOG, designated by the respective legislative bodies. The Slauson Avenue Complete Street Study Committee will work in coordination with the Slauson Avenue Complete Street Study Technical Advisory Committee to provide policy assistance, guidance, and direction to GCCOG regarding the Study .
All members of the Slauson Avenue Complete Street Study Committee shall receive a stipend of one hundred dollars ($100) for attendance at each meeting.
(b) Slauson Avenue Complete Street Study Technical Advisory Committee .
There is hereby established a committee to be known as the Slauson Avenue Complete Street Study Technical Advisory Committee. The Slauson Avenue Complete Street Study Technical Advisory Committee shall consist of a staff representative of each agency that has entered into an Slauson Avenue Complete Street Study Implementation Agreement with GCCOG , designated by the City Manager or, for the County of Los Angeles, the appropriate designating authority. Such designated representative shall be the Public Works Director or other employee or consultant with relevant technical knowledge. The Slauson Avenue Complete Street Study Technical Advisory Committee shall report to and receive direction from the Slauson Avenue Complete Street Study Committee.
Section 6. Meetings. All regular, adjourned , and special meetings of the committees established by this Agreement shall be called and conducted in accordance with the Ralph M. Brown Act, Government Code Section 54950 et seq., as amended from time to time.
Section 7. Defense and Indemnification
.
(a) To the fullest extent permitted by law, each Party (“Indemnifying Party”) mutually agrees to defend, indemnify, and save and hold harmless the other Party, its officials, officers, agents, employees, and volunteers ( “Indemnified Part y”) from and against any claim, loss, liability, damage, lawsuit, cost, or expense (“Claim”) that arises out of, or is any way related to, the performance of this Agreement and attributable to the acts or omissions of the Indemnifying Party. This obligation extends, without limitation, to any injury, death, loss, or damage which occurs in the performance of the Agreement. Each Party certifies that it has adequate self -insured retention of funds to meet any obligation arising from this Agreement, and it shall continue to maintain such funds throughout the term of this Agreement. Notwithstanding the foregoing, nothing herein shall be construed to require any Party to defend and indemnify the other Party from any C laim arising from the sole negligence or willful misconduct of the other Party. Nothing in this section shall be construed as authorizing an award of attorney fees in any action on or to enforce the terms of this Agreement. This obligation shall apply to all C laims and liability regardless of whether any insurance policies are applicable. Any policy limits shall not act as a limitation upon the amount of defense or indemnification to be provided.
(b) At its sole discretion, the I ndemnified Party may participate at its own expense in the defense of any claim, action or proceeding, but such participation shall not relieve the Indemnifying Party of any obligation imposed by this Agreement. The Parties shall notify each other promptly of any claim, action or proceeding and cooperate fully in the defense. The Parties agree to defend themselves from any claim, action or proceeding arising out of the concurrent acts or omissions of each Party. In such cases, the Parties agree to retain their own legal counsel, bear their own defense costs, and waive their right to seek reimbursement of such costs. Where a trial verdict or arbitration award allocates or determines the comparative fault of the Parties, the Parties may seek reimbursement and/or reallocation of defense costs, settlement payments, judgments and awards, consistent with such comparative fault.
Section 8. Notices. Any notice required to be given or delivered by any provision of this Agreement shall be deposited in any United States Post Office, registered or certified, postage prepaid, addressed as set forth below, and shall be deemed to have been received by the Party to whom the same is addressed at the expiration of seventy - two (72) hours thereafter. Written notice shall be directed as follows unless a Party provides written notice of change of address for notices:
To GCCOG: Gateway Cities Council of Governments
16401 Paramount Boulevard
Paramount, CA 90723
Attention: Executive Director
To City: __________________
__________________
__________________
__________________
Section 9. Waiver.
Waiver by a 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.
Section 10. Law to Govern; Venue
. This Agreement shall be interpreted, construed,
and governed according to the laws of the State of California. In the event of litigation between the parties, venue in state trial courts shall lie exclusively in the County of Los Angeles.
Section 11. Construction
. The Parties have participated jointly in the negotiation and drafting of this Agreement. In the event an ambiguity or question of intent or interpretation arises with respect to this Agreement, this Agreement shall be construed as if drafted jointly by the parties and in accordance with its fair meaning. There shall be no presumption or burden of proof favoring or disfavoring any party by virtue of the authorship of any of the provisions of this Agreement.
Section 12. Entire Agreement
. This Agreement constitutes the entire agreement of
the parties with respect to the subject matter hereof and supersedes all prior or contemporaneous agreements, whether written or oral, with respect thereto. This Agreement may be amended as agreed upon by the Parties in writing .
Section 13. Severability. If any term, provision, condition or covenant of this Agreement is declared or determined by any court of competent jurisdiction to be invalid, void or unenforceable, the remaining provisions of this Agreement shall not be affected thereby and the Agreement shall be read and construed without the invalid, void or unenforceable provision(s).
Section 14. Attorneys’ Fees
. In the event litigation or other proceeding is required to enforce or interpret any provision of this Agreement, the prevailing party in such litigation or other proceeding shall be entitled to an award of reasonable fees, costs and expenses, in addition to any other relief to which it may be entitled.
Section 15. Successors. This Agreement shall be binding upon and inure to the benefit of any successor of a Party.
Section 16. Assignment and Delegation . Neither Party shall assign any rights nor delegate any duties under this Agreement without the written consent of the other Party.
Section 17. Counterparts. This Agreement may be executed in one or more counterparts, all of which together shall constitute a single agreement, and each of which shall be an original for all purposes.
Section 18. Execution. The persons executing this Agreement on behalf of the Parties warrant and represent that they have the authority to execute this Agreement on behalf of the Parties and have the authority to bind the P arties to the provisions of this Agreement.
Section 19. Electronic Signatures . The Parties acknowledge and agree that execution of this Agreement by electronic signatures or electronic transmittal of signatures are the same as handwritten signatures for the purposes of validity, enforceability, and admissibility.
IN WITNESS WHEREOF , the Parties have caused the Agreement to be executed as of the day and year first written above.
CITY OF ______________
By:
ATTEST:
City Clerk
By:
APPROVED AS TO FORM:
_____________________________
City Attorney
GATEWAY CITIES COUNCIL OF
GOVERNMENTS
________________________________
Ariel Pe, President
ATTEST:
_________________________________
Hector De La Torre, Secretary
APPROVED AS TO FORM
_________________________________
Ivy M. Tsai, General Counsel
Attachment A
Slauson Avenue Complete Street Study
Scope of Work and Budget
Attachment A
Gateway Cities Council of Governments
SCOPE OF WORK
Project Funding:
PROJECT ITEM
Grant funds
(LACMTA )
LOCAL
AGENC
Y
TOTAL
Planning, Design,
Engineering
$135,000
$50,100
$185,100
TOTAL BUDGET COST $135,000 $50,100 $185,100
Project Cost, including Overall Funding, by Jurisdiction:
The following tables includes the linear distance of the Corridor by jurisdiction, and a funding cost summary. Based on past Complete Streets efforts, and overall cost was developed for the project. The GCCOG coordinated with Metro to provide a grant in the total amount of $ 135,000 for the Slauson Avenue. To fully fund the project, this Implementation Agreement includes a 27% match, which is defined in the table below under the “Portion Paid by City” column, to fully fund the overall project scope of work totaling $185,100.
Schedule:
The Gateway Cities Council of Governments (GCCOG) proposes to complete the Alondra Boulevard Complete Street Evaluation and Master Plan over the period of approximately 1 year, with an anticipated kick off on July 1, 2024.
Project Map: