17 therewith, shall not employ unauthorized aliens as defined therein. Should Consultant so employ such unauthorized aliens for the performance of work and/or services cover ed by this Agreement, and should any liability or sanctions be imp osed against City for such use of unauthorized aliens, Consultant hereby agrees to and shall reimb urse City for the cost of all such liabilities or sanctions imposed, together with any and all costs, including attorneys ’ fees, incurred by City.
ARTICLE 9. MISCELLANEOUS PROVISIONS
9.1 Notices.
Any notice, demand, request, document, consent, approval, or communication either party desires or is required to give to the other party or any other person shall be in writing and either served personally or sent by prepaid, first -class mail, in the case of the City, to the City Manager and to the attention of the Contract Officer (with her/his name and City title), City of Bell, 6330 Pine Avenue, Bell, California 90201 and in the case of the Consultant, to the person(s) at the addr ess designated on the execution page of this Agreement. Either party may change its address by not ifying 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 auth orship 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 entir e, co mplete and exclusive expression of the understanding of the parties. It is understood that there are no oral agreements between the parties hereto affect ing 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 Ci ty Co uncil. The parties agree that this requirement for written modifications cannot be waived and that any attempted waiver shall be void.
9.5 Severability.
In t he event that any one or more of the phrases, sentences, clauses, paragraphs, or sections containe d in this Agreement shall be declared invalid or unenforceable by a valid
18 judgment or decree of a court of competent jurisdiction, such invalidity or unenforc eability shall not affect any of the remaining phrases, sentences, clauses, paragraphs, or section s 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 provis ion 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, dire ct or indirect, in this Agreement, nor shall any official, officer, or employee of City participat e in any decision relating to this Agreement which may affect his/her financial interest or the financial interest of any corporation, partnership, or associa tion in which (s)he is directly or indirectly interested, or in violation of any corporation, part nership, 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 w ill 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 o f obtaining or being awarded any agreement.
Consultant further war rants 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 thin g 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 exist ing, (ii) they are duly authorized to execute and deliver this Agreement on behalf of said party, (iii) by so executing this Agreement, such party is formally bound to the provisions of this Agreement, and (iv) th at entering into this Agreement does not violate any provision of any other Agreement to which said party is bound. This Agreement shall be binding upon the heirs, executors, administrators, successors and assigns of the parties. [SIGNATURES ON FOLLOWING PAGE]
19 IN WITNESS WHEREOF , the parties here to 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:
THE PUN GROUP, LLP, a California limited
liability partnership
By:
Name: Frances J. Kuo
Title: Managing Partner
By:
Name: Sophia H. Kuo
Title: Partner
Address:200 East Sandpointe Ave.
Suite 600, Santa Ana, CA 92707
Two corporate officer signatures required when Consultant is a corporation, with one signature required from each of the following groups: 1) Chairman of the Board, President or any Vice President; and 2) Secretary, any Assistant Secretary, Chief Financial Officer or any Assistant Treasurer. CONSULTANT’S
SIGNATURES SHALL BE DULY NOTARIZED, AND APPROP RIATE ATTESTATIONS SHALL BE
INCLUDED AS MAY BE REQUIRED BY THE BYLAWS, ARTICLES OF INCORPORATION, OR OTHER RULES OR REGULATIONS APPLICABLE TO CO NSULTANT’S BUSINESS ENTITY.
01135.0007/1065154.2
CALIFORNIA ALL-PURPOSE ACKNOWLEDGMENT
STATE OF CALIFORNIA
COUNTY OF _________________________
On __________, 2025 before me, ________________, personally appeared ________________, proved to me on the basis of satisfactory evidence to be the person(s) whose names(s) i s/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 pe rson(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 valuab le 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 ide ntity of the individual who signed the document to which this certificate is attached, and not the truthfulness, accuracy or validity of that document.
01135.0007/1065154.2
CALIFORNIA ALL-PURPOSE ACKNOWLEDGMENT
STATE OF CALIFORNIA
COUNTY OF ___________________________
On __________, 2025 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 th e 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 individu al who signed the document to which this certificate is attached, and not the truthfuln ess, accuracy or validity of that document.
01135.0007/1065154.2 A-1
EXHIBIT “A”
SCOPE OF SERVICES
I. Consultant wi ll perform the following Services on an annual basis fo r the City's fiscal years from June 30, 20 25 through June 30, 202 7. As part of the Services, Consultant shall:
A. Perform a financial audit of the Basic Financial Statements of the City of Bell ("City Audit"). Consultant will be respo nsible for preparing this report. Th e Consultant would express an opinion as to whether the financial statements and related notes are in accordance with auditing standards ge nerally accepted in the United States of America and Government Auditing Standards , issued by the Comptroller General of the United States (201 8 revision). In addition, Consultant will apply limited audit procedures to the Management Discussion and Analysi s (MD&A) and required supplementary information pertaining to the General Fund and each major fund of the City. Consultant will issue an in-relation to opinion on the supporting schedules based on the auditing procedures applied during the audit of the bas ic financial statements of the City of Bell. The City Audit will include the following:
1. Opinions on the ba sic f inancial statements accompanied by required supplementary information and other information for the City of Bell.
2. Basic Financial Statements, whi ch include the government -wide financials, Major fund level financial statements, related footnotes to the financial statements, required supplementary information, and additional supplementary schedules, such as budgetary schedules and non-major financial statements.
3. Audit Communication Letter during planni ng and post audit, in accordance with AU-C260.
4. Report on internal control over financial report and on compliance and other matters based on an audit of financial statements performed in accordance with Government Auditing Standards.
5. Perform a review and make recommendations for improvements in internal controls, accounting procedures and other significant observations that are considered to be non -reportable conditions. Based on the result of the review Consultant will issue a formal "management letter" addressed to the City Manager.
B. Perform a Single Audit (if required under Uniform Guidance) of all federal grants expended by the City of Bell in accordance with the requirements of Uniform Guidance, which will include the Independent Audit Report on Internal Control over Financial Reporting and on Compliance and O ther M atters Based on an Audit of Financial Statements Performed in Accordance with Government
01135.0007/1065154.2 A-2
Auditing Standards and the Independent Audit Repor t on Compliance for Each Major Federal Program; Report on Internal Control Over Compliance; and Report on Schedule of Expenditures of Federal Awards Required by Uniform Guidance.
The Single Audit Report will include the following:
1. Report on internal contr ol over financial reporting and on compliance and other matters based on an audit of financial statements performed i n accordance with Government Auditing Standards.
2. Report on compliance for each federal program; Report on internal control over compliance; and report on schedule of expenditures of federal awards required by Uniform Guidance.
3. Schedule of Expenditures of Federal Awards.
4. Notes to the Schedule of Expenditures of Federal Awards.
5. Schedule of Findings and Questioned Costs for current year and prior year.
6. Corrective Action plan, if needed, with City assistance.
7. A Single Audit reporting package with sub mission and mailing instructi ons for the federal clearing house, state controller's office, and other pass through entities.
8. Consultant will prepare a nd submit the data collection form with the federal clearinghouse and upload the single audit -reporting pa ckage prior to City certification.
C. Perform agreed upon procedures (AUP) and issue a report on the calculation of the City's Appropriation Limit (GANN ), as required by the California Constitution. The AUP are the procedures performed by the auditor which a re agreed to by the City.
D. Perform a financial audit of the Successor Agency of the former Redevelopment Agency which is presented as a private purpos e trust fund in the fiduciary statements. The audit of the Successor Agency will be done in conjunction wi th the City financial statements presentation, but the cost associated with this audit will be identified as a separate line item of "Successor Agency of the former Redevelopment Agency" for proper support of the Recognized Obligation Payment Schedule (ROPS). A separate report does not need to be issued.
E. Prepare the Annual State Controller's Report for the City of Bell.
F. Consultant will comply with all local laws relating to the conduct of the audit services.
G. Consultant shall meet the independence requir ements as d efined by Auditing Standards Generally Ac cepted in the United States of America and the U.S.
General Accounting Office's Government Auditing Standards.
01135.0007/1065154.2 A-3
II. As part of the Services, Consultant will prepare and deliver the following tangible work products to the City:
A. City Annual Audit and Related R eports including, but not limited to, preparation of a management letter to the city manager regarding recommendations for improvement of intern al controls, accounting procedures, and non-reportable significant conditions
B. Single Audit and Related Reports
C. GANN Limit Review Report
D. Successor Agency Audit and Related Reports
E. Annual State Controller's Report – City
III. In addition to the requirements of Section 6.2, d uring performance of the Services, Consultant will keep the City appraised of the status of performance by delivering the following status reports:
A. Status reports due upon City’s request.
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. All key staff to be assigned t o this engagement is or will be licensed by the State of California to practice as Certified Public Accountants.
01135.0007/1065154.2 B-1
EXHIBIT “B”
SPECIAL REQUIREMENTS
(Superseding Contract Boilerplate)
None.
01135.0007/1065154.2 C-1
EXHIBIT “C”
SCHEDULE OF COMPENSATION
I. Consultant shall perform the following tasks at the following rates:
Task FY 2024-25 FY 2025-26 FY 2026-27
A. City Audit and
related Reports
$53,000 $55,650 $58,433
B. Single Audit
and Related
Reports
$600 $630 $662
C. GANN Limit
Review
Report__
$6,000 $6,300 $6,615
D. Redevelopment
Audit and
Related Report
$3,200 $3,360 $3,528
E. Annual State
Controller’s
Report – City
$3,000 $3,150 $3,308
$65,800 $69,090 $72,545
TOTAL $207,435.00
II. Within the budgeted amounts for each Task, and with the approval of the Contract Officer, funds may be shifted from one Task subbudget to another so long as th e Contract Sum is not exceeded per Section 2.1, unless Additional Services are approved per Section 1.8.
III. The City will compensate Consultant for the Services performed upon submission of a valid invoice. Each invoice is to include:
A. Line items for all personnel describing the work performed, the number of hours worked, and the hourly rate.
B. Line items for all materials and equipment properly charged to the Services.
C. Line items for all other approved reimbursable expenses claimed, wi th supporting documentation.
D. Line items for all approved subcontractor labor, supplies, equipment, ma terials, and travel properly charged to the Services.
IV. The total compensation for the Services shall not exceed the Contract Sum as provided in Section 2.1 of this Agreement.
V. The Consultant’s billing rates for all personnel are attached as Exhibit C-1.
01135.0007/1065154.2 D-1
EXHIBIT “D”
SCHEDULE OF PERFORMANCE
I. The Term of Agreement shall commence upon the Effective Date and continue until all Services are completed to satisfact ion of City. The Services shall be for fiscal years from June 30, 20 25 through June 3 0, 2027. The Agreement may be extended for two (2) additional years at discretion of the City Council.
II. Consultant shall deliver the following tangible work products to the City by the following dates.
A. All work products set forth in Section II of Exhibit "A" for Fiscal Year 20 24-25 by December 31, 2025.
B. All work produc ts set forth in Section II of Exhibit "A" for Fiscal Year 20 25-26 by December 31, 2026.
C. All work products set forth in Section II of Exhibit "A" for Fiscal Year 20 26-27 by December 31, 2027.
III. The Contract Of ficer may approve extensions for performan ce of the services in accordance with Section 3.2.
REQUEST FOR PROPOSALS
TO PROVIDE
PROFESSIONAL AUDITING SERVICES
TO THE CITY OF BELL
FINANCE DEPARTMENT
SUBMITTAL: Three (3) copies must be received on or befo re Wednesday, September 25, 2024, by 4:00 PM
ADDRESSED TO: Ci ty Clerk
ADDRESS: Ci ty Hall, City of Bell, 6330 Pine Avenue, Bell, CA 90201
MARK
ENVELOPES: RFP for Professional Auditing Services – Do Not Open
INQUIRIES: Di rect questions for clarification of this Request for Proposal (RFP) document to Rickey S. Manbahal, Finance Director :
[email protected] o r 323-588-6211, Ext. 2601
IMPORTANT DATES
RFP ISSUED Monday, August 19, 2024
RFP DUE DATE Wednesday, September 25, 2024, by 4:00 PM
ORAL INTERVIEWS Wednesday, October 2 – Thursday, October 3, 2024
AWARD DATE Wednesday, October 9, 2024*
START DATE Monday, October 10, 2024*
*Date subject to change/Tentative
CITY OF BELL
REQUEST FOR PROPOSALS
PROFESSIONAL AUDITING SERVICES
TABLE OF CONTENTS
I. INTRODUCTION ....................................................................................................................... 1 A. General Information ............................................................................................................... 1 B. Term of Engagement ............................................................................................................. 2
II.
NATURE OF SERVICES REQUIRED ....................................................................................... 2 A. Scope of the Work to be Performed ....................................................................................... 2 B. Auditing Standards to be followed .......................................................................................... 3 A. Background Information ......................................................................................................... 3 B. Fund Structure ....................................................................................................................... 4 C. Component Units .................................................................................................................... 4 D. Magnitude of Finance Operations .......................................................................................... 5 E. Computer Systems ................................................................................................................ 5
IV.
TIME REQUIREMENTS ........................................................................................................ 5 A. Proposal Calendar ................................................................................................................. 5 B. Date Audit May Commence ................................................................................................... 6 C. Date Reports Are Due ............................................................................................................ 6
V.
ASSISTANCE TO BE PROVIDED TO THE AUDITOR AND REPORT PREPARATION .......... 6 A. Finance Department and Clerical Assistance ........................................................................ 6 B. Work Area, Telephone, and Office Equipment ....................................................................... 6 C. Report Preparation ................................................................................................................. 6
VI.
PROPOSAL REQUIREMENTS ............................................................................................. 6 A. General Requirements ........................................................................................................... 6 B. Format for Technical Proposal ............................................................................................... 7 C. Contents of Technical Proposal ............................................................................................. 7 D. Contents of Cost Proposal ................................................................................................... 10
VII.
EVALUATION PROCEDURES ............................................................................................ 10 A. Review of Proposals .............................................................................................................. 10 B. Evaluation Criteria ................................................................................................................. 10
Attachment A
AUDIT WORK COST PROPOSAL FORM .................................................................................. 12
Attachment B
ESTIMATE OF COST ................................................................................................................. 13
Attachment C
Form of Professional Services Agreement .................................................................................. 14
CITY OF BELL
REQUEST FOR PROPOSALS
PROFESSIONAL AUDITING SERVICES
I. INTRODUCTION
A. General Information
The City of Bell is requesting proposals from qualified firms of certified public accountants to audit its financial statements for the three fiscal years beginning with the fiscal year ending June 30, 20 25, through the fiscal year ending June 30, 2027, with the option of auditing its financial statements for up to each of the two (2) subsequent fiscal years . The option of extending the services to auditing its financial statements for the subsequent fiscal years is at the discretion of the City of Bell.
These audits are to be performed in accordance with auditing standards generally accepted in the United States of America, the standards set forth for financial audits contained in the most current revision of Government Auditing Standards (2011 Revision) issued by the Comptroller General of the United States, and the U.S. Office of Management and Budget (OMB) Circular A-133 Audits of State and Local Governments and Non-Profit Organizations.
There is no expressed or implied obligation for the City of Bell to reimburse responding firms for any expenses incurred in preparing proposals in response to this request. Materials submitted by respondents are subject to public inspection under the California Public Records Act (Government Code Sec. 6250 et seq.), unless exempt.
To be considered, three (3) copies of a proposal must be received by the Finance Department Office at 6330 Pine Ave, Bell, CA 90201, by 4:00 P.M. on Wednesday September 25, 2024.
The City reserves the right to reject any or all proposals submitted.
D
uring the evaluation process, the City of Bell reserves the right, where it may serve the City’s best interest, to request additional information or clarification from proposers, or to allow corrections of errors or omissions. At the discretion of the City of Bell, firms submitting proposals may be requested to make oral presentations as part of the evaluation process.
The City reserves the right to retain all proposals submitted and to use any idea(s) in a proposal regardless of whether that proposal is selected. Submission of a proposal indicates acceptance by the firm of the conditions contained in the request for proposals, unless clearly and specifically noted in the proposal submitted and confirmed in the contract between the City of Bell and the firm selected.
F
ollowing the notification of the selected firm, a recommendation and proposed contract will be prepared for review and approval by the City Council at its October 23, 2024 meeting. It is anticipated the selection of a firm will be completed and a contract will be executed between both parties by October 30, 2024, substantially in the form attached to this RFP as Attachment C. The City reserves the right to reject any or all proposals, to waive any non- material irregularities or information in any proposal, and to accept or reject any items or combination of items.
B. Term of Engagement
It is the intent of the City to contract for the services presented herein for a term of three (3) years. The City of Bell reserves the right to extend the term of this contract for up to two (2) additional consecutive one-year terms at the City’s sole discretion.
The proposal package shall present all-inclusive audit fees for each year of the contract term, including the audit fees for the optional extension.
II. NATURE OF SERVICES REQUIRED
A. Scope of the Work to be Performed
The City of Bell desires an Annual Comprehensive Financial Report (ACFR) and its component unit financial statements for the City of Bell and its oversight unit: the Successor Agency to the Bell Redevelopment Agency to be prepared by the independent auditor and be compliant with GASB 75, without limitation, for the fiscal year ended June 30, 2025. The City will continue to submit the ACFR to the Government Finance Officers Association (GFOA) for review in their Certificate of Achievement for Excellence in Financial Reporting program.
The selected independent auditor will be required to perform the following tasks.
1. The audit firm will perform an audit of all funds of the City of Bell . The audit will be conducted in accordance with auditing standards generally accepted in the United States of America and Government Auditing Standards , issued by the Comptroller of the United States. The City’s Annual Comprehensive Financial Report (ACFR) will be prepared , Notes to the Financial Statements and Required Supplementary Information, word processed, printed and bound by the audit firm. The ACFR will be in full compliance with GASB 34, 45, without limitation, and all applicable GASB pronouncements. The audit firm will render their auditors’ report on the basic financial statements which will include both Government -Wide Financial Statements and Fund Financial Statements. The audit firm will also apply limited audit procedures to Management’s Discussion and Analysis (MD&A) and required supplementary information pertaining to the General Fund and each major fund of the City.
2. The audit firm will perform a single audit on the expenditures of federal grants in accordance with OMB Circular A -133 and render the appropriate audit reports on Internal Control over Financial Reporting based upon the audit of the City’s financial statements in accordance with Government Auditing Standards and the appropriate reports on compliance with Requirements Applicable to each Major Program, Internal Control over Compliance and on the Schedule of Expenditures of Federal Awards in Accordance with OMB Circular A -133. The single audit report will include the appropriate schedule of expenditures of federal awards, footnotes, findings and questioned costs, including reportable conditions and material weaknesses, and follow- up on prior audit findings where required.
3. The auditor is expected to express an opinion on the fair presentation of the financial statements of the Successor Agency to the former Redevelopment Agency of Bell and report on compliance with applicable laws, regulations, and administrative requirements governing its activities. The auditor shall prepare GASB 34 compliant financial statements for the Successor Agency to the former Redevelopment Agency of Bell
4. The audit firm shall perform agreed- upon auditing procedures pertaining to the City’s GANN Limit (Appropriations Limit) and render a letter annually to the City regarding compliance.
5. The audit firm shall issue a separate “management letter” that includes recommendations for improvements in internal control, accounting procedures and other significant observations that are considered to be non- reportable conditions.
Management letters shall be addressed to the City Manager.
6. Review the City’s Annual Comprehensive Financial Report ( ACFR) for conformance with the Government Finance Officers Association (GFOA) financial reporting award program.
7. The audit firm shall prepare the Annual State Controller’s Reports for the City of Bell.
8. Attendance at a minimum of one City Council meetings by a Principal of the audit firm per calendar year. The firm selected may also be asked to examine other reports or perform other services as required. Hourly rates as described on Page 15 would apply.
B. Auditing Standards to be followed
To meet the requirements of this Request for Proposals, the audit shall be performed in accordance with:
1. Generally accepted auditing standards as set forth by the American Institute of Certified Public Accounts;
2. The standards applicable to financial audits contained in Government Auditing Standards (2011 Revision), issued by the Comptroller General of the United States;
3. The provisions of the Single Audit Act as amended in 1996; and
4. The provisions of U. S. Office of Management and Budget (OMB) Circular A-133, Audits of State and Local Governments and Non-Profit Organizations.
C. Working Paper Retention
All working papers and reports must be retained at the auditor's expense for a minimum of seven (7) years, unless the firm is notified in writing by the City of Bell of the need to extend the retention period. The auditor will be required to make working papers available to the City of Bell or any government agencies included in the audit of federal grants. In addition, the firm shall respond to the reasonable inquiries of successor auditors and allow successor auditors to review working papers relating to matters of continuing accounting significance.
D. Irregularities and Illegal Acts
Auditors shall be required to make an immediate, written report of all irregularities and illegal acts or indications of illegal acts of which they become aware to the following parties: City Council, City Manager, and the Finance Director.
III. DESCRIPTION OF THE GOVERNMENT
A. Background Information
The City of Bell is a Charter City located in the Los Angeles metropolitan area, approximately 10 miles southeast of downtown Los Angeles. It occupies a land area of 2.5 square miles and
.12 square miles of water area. The current City’s population estimate is 32,466. Its FY 2023- 2024 Appropriation is $63 million. The General Fund Appropriation totals $18.6 million and is funded by $18.6 million in revenues and zero use of reserves. The City employs approximately 94 full-time and 91 part-time employees. Its fiscal year begins on July 1 and ends on June 30.
The City has a general fund, special revenue funds, debt service funds, capital project funds, special assessments, and trust funds. The City desires a full scope audit of all funds and account groups in accordance with generally accepted auditing standards.
The City of Bell is governed by a five member City Council. The City Council holds its regular meetings every second and fourth Wednesday of the month at 7 :00 p.m. in the City Council Chambers at C ommunity Services Hall. The City provides services including public safety (Police) and public works, recreational and cultural activities, public improvements, zoning, and general administrative services.
B. Fund Structure
The City of Bell uses the following fund types in its financial reporting:
Governmental Fund Types
General Fund (1 fund)
Special Revenue Funds (18 funds)
Debt Service Funds (2 funds)
Capital Projects Fund (6 fund)
Fiduciary Fund Type
Trust and Agency Fund (1 fund)
C. Component Units
The City is defined, for financial reporting purposes, in conformity with the Governmental Accepting Standards Board’s Codification Governmental Accounting and Financial Reporting
Standard, Section 2100. Using these criteria, component units are included in the City’s financial statements. The management of the City identified the following component units (with fiscal year ending June 30) for inclusion in the City’s financial statements:
Former Bell Redevelopment Agency
Bell Public Financing Authority
These component units are to be audited as part of the audit of the City’s financial statements.
The contact person and record location is the same as the primary unit.
D. Magnitude of Finance Operations
The Finance Department , headed by Rickey S. Manbahal, Director of Finance, consists of 8 employees. The principal functions performed in Finance and the number of employees assigned to each is as follows:
Number of
F
unction Employees
Customer Service/ Front Desk 1
Accounts Payable 1
Payroll 1
Purchasing & Business License 1
Bank Reconciliation, Budget monitoring 1
Accounting/Auditing, Treasury 1
Administration 1
E. Computer Systems
The City’s computerized systems are run on a Local Area Network (LAN). The accounting functions are computerized using Spring Brook System software on a Windows based system.
The applications operating on this system include general ledger, accounts payable, cash receipt, budget, payroll, human resources, and purchasing.
F. Availability of Prior Reports and Work Papers
The Pun Group, LLP in Santa Ana, CA conducted the City’s most recent audit. The work papers of the previous audits are the property of the previous auditor and can be reviewed by the successor audit firm. The following financial statements were prepared and audited by Lance, Soll & Lunghard, LLP.
1. City of Bell Annual Financial Report
2. Single Audit Report
IV. TIME REQUIREMENTS
A. Proposal Calendar
The following is a list of key dates up to, and including, the date proposals are to be submitted:
Date
Activity
September 24, 2024, by 4:00 PM Due date for Proposals
October 2 – 3, 2024 Oral Interviews (conducted at City’s discretion) October 9, 2024*, Propose Contract Awarded by City Council October 10, 2024* Contract execution
B. Date Audit May Commence
Audit planning, documentation of systems of internal control and compliance and transaction testing should be completed during interim stage. It is expected the City will close its books and be ready for the final audit in mid-September, 2024.
C. Date Reports Are Due
The auditor shall provide all drafts and recommendations for improvements to the Finance Director within a reasonable time period after the last day of field work. The auditor should be available for any meetings that may be necessary to discuss the draft audit reports. Once all issues of discussion are resolved, the completed ACFR, component unit financial statements, Single Audit report and other reports shall be delivered to the Finance Director. It is anticipated that this process will be completed and the final products to be delivered by mid-November of each year.
V. ASSISTANCE TO BE PROVIDED TO THE AUDITOR AND REPORT PREPARATION A. Finance Department and Clerical Assistance
The Finance Department staff will be available during the audit to assist the firm by providing information, documentation, and explanations. Sheetal Talwar , Accounting Manager and Norma Gamez, Accounting Specialist/Payroll Supervisor, will be responsible for acting as the liaisons between the audit firm and the accounting personnel.
B. Work Area, Telephone, and Office Equipment
The City will provide the auditor with reasonable work space, desks and chairs. The auditor will also be provided with access to a telephone, internet, a computer with access to the general ledger system, and photocopying and fax machines.
C. Report Preparation
Report preparation, editing, printing, binding shall be the responsibility of the auditor.
1. Comprehensive Annual Financial Report (10)
2. Single Audit Report (10)
3. Management Report (10)
VI. PROPOSAL REQUIREMENTS
A. General Requirements
1. Inquiries concerning the Request for Proposals and the subject of the Request for Proposals must be made to:
Rickey S. Manbahal, Director of Finance
6330 Pine Ave
Bell, CA 90201
(323) 588-6211, ext. 2601
[email protected]
Or
Sheetal Talwar, Accounting Manager
6330 Pine Ave
Bell, CA 90201
(323) 588-6211, ext. 2602
[email protected]
CONTACT WITH PERSONNEL OF THE CITY OTHER THAN THE ABOVE REGARDING THIS
REQUEST FOR PROPOSALS MAY BE GROUNDS FOR ELIMINATION FROM THE SELECTION PROCESS.
2. S
ubmission of Proposal . Three (3) copies of the Proposal shall be received in the Finance ’s Office of the City of Bell not later than 4:00 p.m. on September 25, 2024, for a proposal to be considered. The Proposal should address the items listed in sections C and D below.
T
he Proposal should be addressed as follows:
City of Bell
Rickey S. Manbahal
Finance Director
6330 Pine Ave
Bell, CA 90201
B. Format for Technical Proposal
1. Title Page showing the request for proposals subject; the firm’s name; the name, address and telephone number of the contact person; and the date of the proposal.
2. Table of Contents identifying the materials submitted by section and page number. Cross- referencing to section and page number in the RFP would be helpful.
3. Signed Transmittal Letter briefly stating the Proposer’s understanding of the work to be done; the commitment to perform the work within the time period; and the name(s) of the person(s) authorized to represent the Proposer, title, address, and telephone number.
4. Detailed Proposal following the order set forth in Section C below.
C. Contents of Technical Proposal
The purpose of the Technical Proposal is to demonstrate the qualifications, competence and capacity of the firm seeking to undertake an independent audit of the City in conformity with the requirements of this request for proposals. As such, the substance of proposals will carry more weight than the form or manner of presentation. The Technical Proposal should demonstrate the qualifications of the firm and of the particular staff to be assigned to this engagement. It should also specify an audit approach that will meet the request for proposals requirements.
The Technical Proposal should address all points outlined in the request for proposals (excluding any cost information which should only be included in the Sealed Dollar Cost Bid).
The proposal should be prepared simply and economically, providing a straightforward, concise description of the proposer’s capabilities to satisfy the requirements of this request for proposals. While additional data may be presented, the following subjects must be included.
They represent the criteria against which the proposal will be evaluated.
1. License to Practice in California
An affirmative statement should be included verifying the firm and all assigned key professional staff are properly licensed to practice in California.
2. Independence
The firm should provide an affirmative statement that it is independent of the City of Bell as defined by auditing standards generally accepted in the United States of America and the General Accounting Office's Government Auditing Standards.
3. Firm Qualifications and Experience
To qualify the firm must have extensive experience in audits of local governments as well as experience with preparation of Annual Comprehensive Financial Statements in GASB 34 format. The Proposer should state the size of the firm, the size of the firm’s governmental audit staff, the location of the office from which the work on this engagement is to be performed, and the number and nature of the professional staff to be employed in this engagement on a full-time basis and the number and nature of the staff to be employed on a part-time basis. Staff consistency is an important consideration.
The Proposer should provide the range of activities performed by the local office, e.g., audit, accounting, tax service and/or management consulting services.
The Proposer must provide a list of all current municipal clients.
T
he Proposer is also required to submit a copy of a report on its most recent external quality control review (peer review), with a statement whether that quality control review included a review of specific government engagements (required by Government Audit Standards (2011).
The Proposer shall also provide information on the results of any Federal or State desk reviews or field reviews of its audits during the past three (3) years. In addition, the Proposer shall provide information on the circumstances and status of any disciplinary action taken or pending against the firm during the past three (3) years with State regulatory bodies or professional organizations.
4. Partner, Supervisory and Staff Qualifications and Experience Identify the principal supervisory and management staff, including engagement partners, managers, other supervisors and specialists who would be assigned to this engagement.
Include resumes, indicating whether each such person is registered or licensed to practice as a certified public account in California. Provide information on the government auditing experience of each person, including information on relevant continuing professional education for the past (3) three years and membership in professional organizations relevant to the performance of this audit.
Provide as much information as possible regarding the number, qualifications, experience and training, including relevant continuing professional education, of the specific staff to be assigned to this engagement. Indicate how the quality of staff over the term of the agreement will be assured.
Engagement partners, managers, other supervisory staff and specialists may be changed if those personnel leave the firm, are promoted or are assigned to another office. These personnel may also be changed for other reasons with the express prior written permission of the City. However, in either case, the City retains the right to approve or reject replacements.
Other audit personnel may be changed at the discretion of the Proposer provided that replacements have substantially the same or better qualifications or experience.
5. Similar Engagements with Other Government Entities
For the firm’s office that will be assigned responsibility for the audit, list the most significant engagements ( 5 maximum) performed in the last three (3) years that are similar to the engagement described in this request for proposals. These engagements should be ranked on the basis of total staff hours. Indicate the scope of work, date, engagement partners, total hours, and the name and telephone number of the principal client contact.
Also please indicate whether the audit was part of a Comprehensive Annual Financial Report prepared in conformance with the GASB 34 requirements. Information should be provided regarding clients that the firm serves that have received the CSMFO and GFOA awards.
Please provide a list of not less than five (5) client references for whom services similar to those outlined in the RFP are currently being provided. For each reference listed provide the name of the organization, dates for which the service(s) are being provided, type of service(s) being provided and the name, address and telephone number of the responsible person within the reference’s organization. The City reserves the right to contact any or all of the listed references regarding the audit services performed by the Proposer.
6. Specific Audit Approach
The proposal should set forth a work plan, including an explanation of the audit methodology to be followed, to perform the services required in Section II of this request
for proposals. In developing the work plan, reference should be made to such sources of information as City of Bell budget and related materials, organizational charts, manuals, programs, and financial and other management information systems.
Proposers will be required to provide the following information on their audit approach:
a. Proposed segmentation for the engagement;
b. Level of staff and number of hours to be assigned to each proposed segment of the engagement;
c. Sample size and the extent to which statistical sampling is to be used in this engagement;
d. Extent of use of EDP software in this engagement;
e. Type and extent of analytical procedures to be used in this engagement;
f. Approach to be taken to gain and document an understanding of the City’s internal control structure;
g. Approach to be taken in determining laws and regulations that will be subject to audit test work; and
h. Approach to be taken in drawing audit samples for purposes of tests of compliance.
7. Identification Anticipated Potential Audit Problems
The proposal should identify and describe any anticipated potential audit problems, the firm’s approach to resolving these problems and any special assistance that will be requested from the City.
NO DOLLAR AMOUNTS SHOULD BE INCLUDED IN THE TECHNICAL PROPOSAL.
D. Contents of Cost Proposal
1. Total All-Inclusive Maximum Price
The cost proposal should contain all pricing information relative to performing the audit engagement as described in this request for proposals. The total all-inclusive maximum price to be bid is to contain all direct and indirect costs including all out-of-pocket expenses.
The City will not be responsible for expenses incurred in preparing and submitting the technical proposal or the sealed dollar cost bid. Such costs should not be included in the proposal.
The cost proposal should be submitted in the format provided in Attachment A, “AUDIT WORK COST PROPOSAL FORM” and Attachment B, “ESTIMATE OF COST.”
2. Manner of Payment
Progress payments will be made on the basis of hours of work completed during the course of the engagement and out-of-pocket expenses incurred in accordance with the firm’s proposal.
Interim billings shall cover a period of not less than a calendar month.
VII. EVALUATION PROCEDURES
A. Review of Proposals
City Staff, consisting at a minimum, of the following, will evaluate submitted proposals:
o Rickey S. Manbahal, Director of Finance
o Sheetal Talwar, Accounting Manager
o Javier Ochiqui, Assistant to City Manager
B. Evaluation Criteria
Proposals will be evaluated using three (3) sets of criteria. Firms meeting the mandatory criteria will have their proposals evaluated and scored for both technical qualifications and price. The following represent the principal selection criteria, which will be considered during the evaluation process.
1. Mandatory Elements
a. The audit firm is independent and licensed to practice in California.
b. The firm has no conflict of interest with regard to any of the work to be performed by the firm for the City.
c. The firm adheres to the instructions in this Request for Proposals on preparing and submitting the proposal.
d. The firm submits a copy of its last external quality control review report and the firm has a record of quality audit work.
e. The firm’s past experience and performance on comparable government engagements.
f. The quality of the firm’s professional personnel to be ass igned to the engagement and the qua lity of the firm’s management support personnel to be available for technical consultation.
g. Adequacy of proposed staffing plan for various segments of the engagement.
h. Thoroughness of approach to conducting the audit of the City and demonstration of the understanding of the objectives and scope of the audit.
i. Commitment to timeliness in the conduct of the audit.
j. Maximum fees to conduct the audit.
In addition, the following selection criteria will be used in evaluating the proposal and in selecting the successfully consulting firm.
• Cost (30%)
• Responsiveness to RFP (15%)
• Qualifications and Experience (20%)
• R eferences/Previous Performance (10%)
• Ability to Provide Services (25%)
Attachment A
AUDIT WORK COST PROPOSAL FORM
Service 2024-2025 2025-2026 2026-2027
City Audit and Related
Reports
$
$
$
GANN Limit Review Report
$
$
$
Single Audit and Related
Reports
$
$
$
Redevelopment Audit and
Related Reports
$
$
$
Annual State Controller’s
Report - City
$
$
$
Total for Fiscal Year
(not-to exceed)
$
$
$
Attachment B
ESTIMATE OF COST
Name of Firm: _____________________________________________________________
Address: _____________________________________________________________
_____________________________________________________________
_____________________________________________________________
Contact Name: _____________________________________________________________
Contact Phone #: ___________________________ Fax #:_____________________________
Contact Email: ______________________________________________________________
1. Auditor’s Standard Billing Rates
Auditors Standard Hourly Billing Rates
POSITION 2024-2025 2025-2026 2026-2027
Partner $ $ $
Manager $ $ $
Senior Accountant $ $ $
Staff Accountant $ $ $
Clerical $ $ $
Attachment C
Form of Professional Services Agreement
01135.0001/1060901.2 1 of 8
AMENDMENT NO. 1
TO AGREEMENT FOR CONTRACTUAL SERVICES
THIS AMENDMENT TO THE AGREEMENT FOR CONTRACTUAL SERVICES (“Amendment No. 1”) by and between the CITY OF BELL (“City”), a California charter city, and KOSMONT REAL ESTATE SERVICES , a California corporation (“Consultant”), is effective as of the ______ day of ________________2025.
RECITALS
A. City and Consultant entered into that certain Contract Services Agreement dated March 22, 2024 (“Agreement”) whereby Consultant agreed to provide the ongoing pre-disposition real estate advisory/due -diligence services and brokerage services in connection with the future sale and disposition of following public agency owned properties (the “Services”).
B. The Contract Sum under the Agreement was $50,000.00.
C. The Term of the Agreement was from March 22, 2024 to March 22, 2026.
D. By this Amendment No. 1, the City and Consultant now desires to modify the scope of work, and increase the contract sum from by $43,500.00 from $50,000.00 to $93,500.00.
E. Except as amended hereby, this amendment is subject to the same terms and conditions as provided in the Agreement.
TERMS
1. Contract Amendments. The Agreement is amended as provided herein. Added text is indicated in bold italics, deleted text is indicated in strikethrough. a. Section 2.1, “Contract Sum,” is hereby amended and shall now read as follows:
“Subject to any limitations set forth in this Agreement, City agrees to pay Consultant the amounts specified in the “Schedule of Compensation ” attached hereto as Exhibit “C” and incorporated herein by this reference. The total compensation, including reimbursement for actual expenses, shall not exceed Fifty Thousand Dollars ($50,000) Ninety Three Thousand Five Hundred Dollars ($93,500.00) (the “Contract Sum ”), unless additional compensation is approved pursuant to Section 1.8.”
b. Exhibit A.I., “Scope of Services,” is hereby amended and shall now read as follows:
“Consultant will perform the following Services:
01135.0001/1060901.2 2 of 8
Provide ongoing pre-disposition real estate advisory/due-diligence services and brokerage services in connection with the future sale and disposition of the following public agency owned properties:
APN Property Owner
Phase 1 (HCD Compliant)
6315-019-900 5107 Filmore BCHA
6316-024-900 6304 King Ave BCHA
6317-024-900 6229 Flora BCHA
6324-011-900 6500 Lucille BCHA
6326-005-900 6419 Prospect BCHA
Phase 2 (90 Day GF Negotiations concluded, Awaiting HCD Compliance Letter) 6327-034-906 5241 Florence Ave City
6326-035-901 7020 Atlantic Ave SA
6326-035-902 7030 Atlantic Ave SA
6226-002-900 4738 Florence SA
Phase 3 (NOA expired 12/26/2023, 90 GF Negotiations Underway) 6326-001-900 6503 Woodward Ave City
6326-001-901 6416 Atlantic Ave City
6326-001-902 4524 Gage Ave City
6326-001-903 4500 Gage Ave City
6326-004-900 4560 Gage Avenue SA
Phase 4 (Declared 12/6/2023, NOA release pending)
6317-023-900 6317 Pine BCHA
6317-022-940 6303 Pine BCHA
6317-023-903 6331 Pine City
6317-023-901 4375 Gage City
6317-023-904 4359 Gage City
6317-023-902 4379 1/2 Gage City
Phase 5 (SLA Process to Begin)
6226-006-900 to -903 5246 Florence Avenue BCHA
6327-002-900 to -901 4874 E Gage Avenue BCHA
The major tasks to be performed by Consultant that will comprise this assignment are described as follows:
Task 1: Ongoing Real Estate Advisory/Technical Implementation Services Consultant has assisted the City with obtaining final approval of completion of the SLA requirements by the California Department of Housing & Community Development (“HCD”) for the Phase 1 properties. Consultant will continue to provide the City with real estate advisory/technical analysis and assistance in connection with the ongoing implementation of preferred sale/disposition approaches for the Properties in compliance with the Surplus Land Act as well as other advisory assistance as may be directed by City and mutually agreed upon. Consultant can also assist the City with engagement and/or negotiations as may be required to obtain proper regulatory approvals.
Task 2: Surplus Land Act Process – Declaration & N.O.A.
Consultant has assisted with preparation of the Surplus Land declaration for Phases 1-4 and is currently working to prepare and publish the Notice of Availability (“NOA”) for
01135.0001/1060901.2 3 of 8
Phase 4 properties. Consultant will also assist the City with formally declaring the Phase 5 properties “surplus” or “exempt surplus,” as may be appropriate, as well as coordinate and manage the solicitation process required by the SLA. Consultant can also assist with other properties, as mutually agreed upon between City and Consultant.
Task 3: Respondent Due Diligence/Public-Private Negotiations Consultant will continue to assist with reviewing notices of interest, evaluating proposals/offers submitted, participating in interviews, and/or public-private transaction structuring/negotiations as may be required with the respondents for the sale/disposition of the Phase 2, 3, 4, and 5 properties (as may be appropriate). Consultant can also assist the City with obtaining a letter of compliance from HCD related to sale procedural approvals, which is currently underway for the Phase 2 properties.
Task 4: City Council Briefings/Discussions
Consultant can assist the City with preparation and attendance at briefings/presentations to the City Council (“City Council”) that will seek authorization to proceed with prospective transactions (as mutually agreed upon between City and Consultant).
Task 5: Preliminary Project(s) Review and Shaping
Consultant will provide preliminary review of projects and provide staff assistance for the following project on a priority basis:
(1) Stackyard Project/Foodhall (Gentify). Review preliminary loan structure and propose creative funding concepts and recomm ended agreement structure.
(2) Brewery Project (Boomtown Brewery). Review preliminary loan/grant funding structure and provide recommended agreement structure. (3) Shoe City Project (Primestor or Montezuma). Review potential project of a neighborhood sho pping center and provide acquisition strategy and/or recommend agreement structure with developer. Consultant will assist in review of developer’s proforma.
(4) Flore and Bell Mobile Home Parks (Lewis Retail). Assist the City with evaluating the developer’s proposal and proforma and determine the best fit of a mixed/blended use development at the Florence park which may include relocation of existing occupants and at least 50 new housing units.
Task 6: As Needed Services
Consultant is available to provide as needed project shaping, economic development and real estate advisory services including initial developer negotiation assistance, as appropriate and mutually agreed upon by Consultant and Client so long as sufficient budget remains.”
c. Exhibit C.I., “Scope of Services,” is hereby amended and shall now read as follows:
“Consultant shall perform the following tasks at the following rates:
A. Compensation for Tasks 1 through 4 is estimated at $50,000 Tasks 1 through 6 is estimated at $93,500.00 for professional services (hourly) fees at billing rates as shown below. Future
01135.0001/1060901.2 4 of 8
increases in budget will require approval by City in advance. Budget may be increased by City at any time.
Professional Services
President $425.00/hour
Sr. Vice President/Sr. Managing Director/Sr. Advisor $395.00/hour Vice President/Project Advisor $295.00/hour
Senior Project Analyst $195.00/hour
Assistant Project Analyst/Assistant Project Manager $165.00/hour Project Promotion/Graphics/GIS Mapping Services $95.00/hour Clerical Support $ 80.00/hour
Additional Expenses
In addition to professional services (labor) fees:
1) An administrative fee for in -house copy, fax, phone, postage costs, digital/technological support and related administrative expenses will be charged, which will be computed at four percent (4.0 %) of monthly Kosmont Realty’s professional service fees incurred; plus
2) Out-of-pocket expenditures, such as travel and mileage, professional printing, and delivery charges for messenger and overnight packages will be charged at cost. 3) Project/Market data sources for support of evaluation and analysis e.g., ESRI , Placer.ai, CoStar/STR, LoopNet, CREXI, IMPLAN, ParcelQuest and other based on quoted project cost.
4) If Kosmont retains Third Party Vendor(s) for Client (with Client’s advance approval), fees and cost will be billed to Client at 1.1x (times) fees and costs 5) Consultant’s attendance or participation at any publicly noticed meeting, whether such participation is in person, digital, video and/or telephonic (e.g., City Council, Planning Commission, Public Agency Board, other), as requested by Client and are beyond those specifically identified in the Scope of Work will be billed at the professional services (hourly) fees as shown above in this Section.
B. Compensation for Task 5 (Real Estate Brokerage Services) pursuant to a separate Exclusive Authorization to Sell Agreement by and between Consultant and City.
Consultant anticipates two (2) rounds of City comments and revisions on draft work product before Consultant provides a final version of work product. If necessary, additional rounds of comments and revisions can be accommodated on an hourly basis.
Charges for Court/Deposition/Expert Witness-Related Appearances
Court-related (non -preparation) activities, such as court appearances, depositions, meditation, arbitration, dispute resolution and other exp ert witness activities, will be charged at a court rate of 1.5 times scheduled rates, with a 4-hour minimum.
Consultant’s attendance or participation at any publicly noticed meeting, whether such participation is in person, digital, video and/or telephonic ( e.g., City Council Planning
01135.0001/1060901.2 5 of 8
Commission, Public Agency Board, other ), as requested by City is in addition to compensation for Tasks 1 through 4 and will be billed at the professional (hourly) fees as shown on Attachment C1.”
2. Continuing Effect of Agreement. Except as amended by this Amendment, all provisions of the Agreement shall remain unchanged and in full force and effect. From and after the date of this Amendment, when ever the term “Agreement” appears in the Agreement, it shall mean the Agreement, as amended by this Amendment.
3. Affirmation of Agreement; Warranty Re Absence of Defaults. City and Consultant each ratify and reaffirm each and every one of the respective righ ts and obligations arising under the Agreement. Each party represents and warrants to the other that there have been no written or oral modifications to the Agreement other than as provided herein. Each party represents and warrants to the other that the Agreement is currently an effective, valid, and binding obligation.
Consultant represents and warrants to City that, as of the date of this Amendment, City is not in default of any material term of the Agreement and that there have been no events that, with the passing of time or the giving of notice, or both, would constitute a material default under the Agreement.
City represents and warrants to Consultant that, as of the date of this Amendment, Consultant is not in default of any material term of the Agreement and that there have been no events that, with the passing of time or the giving of notice, or both, would constitute a material default under the Agreement.
4. Adequate Consideration. The parties hereto irrevocably stipulate and agree that they have each received adequate and independent consideration for the performance of the obligations they have undertaken pursuant to this Amendment.
5. Authority. The persons executing this Amendment 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 Amendment on behalf of said party, (iii) by so executing this Amendment, such party is formally bound to the provisions of this Amendment, and (iv) the entering into this Amendment does not violate any provision of any other Agreement to which said party is bound.
[SIGNATURES ON FOLLOWING PAGE]
01135.0001/1060901.2 6 of 8
IN WITNESS WHEREOF, the parties hereto have executed this Amendment on the date and year first-above written.
CITY:
CITY OF BELL, a California charter city
_________________________________
Ali Saleh
Mayor
ATTEST:
__________________________________
Angela Bustamante
City Clerk
APPROVED AS TO FORM:
ALESHIRE & WYNDER, LLP
__________________________________
David J. Aleshire
City Attorney CONSULTANT :
KOSMONT REAL ESTATE SERVICES, a
California corporation
By: ___________________________
Name:
Title:
By: ___________________________
Name:
Title:
Address: 2348 Camino Robledo
Carlsbad, CA 92009
Two corporate officer signatures required when Consultant is a corporation, with one signature required from each of the following groups: 1) Chairman of the Board, President or any Vice President; and 2) Secretary, any Assistant Secretary, Chief Financial Officer or any Assistant Treasurer. CONSULTANT’S SIGNATURES SHALL BE DULY NOTARIZED, AND
APPROPRIATE ATTESTATIONS SHALL BE INCLUDED AS MAY BE REQUIRED
BY THE BYLAWS, ARTICLES OF INCORPORATION, OR OTHER RULES OR REGULATIONS APPLICABLE TO DEVELOPER’S BUSINESS ENTITY.
01135.0001/1060901.2 7 of 8
CALIFORNIA ALL-PURPOSE ACKNOWLEDGMENT
STATE OF CALIFORNIA
COUNTY OF _____________________
On __________, 2025 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 i n 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 t he document and could prevent fraudulent reattachment of this form.
CAPACITY CLAIMED BY SIGNER DESCRIPTION OF ATTACHED DOCUMENT
INDIVIDUAL
CORPORATE OFFICER
_______________________________
TITLE(S)
PARTNER(S) LIMITED
GENERAL
ATTORNEY-IN-FACT
TRUSTEE(S)
GUARDIAN/CONSERVATOR
OTHER_______________________________
______________________________________
SIGNER IS REPRESENTING:
(NAME OF PERSON(S) OR ENTITY(IES))
_____________________________________________
_____________________________________________
___________________________________
TITLE OR TYPE OF DOCUMENT
___________________________________
NUMBER OF PAGES
___________________________________
DATE OF DOCUMENT
___________________________________
SIGNER(S) OTHER THAN NAMED ABOVE
A notary public or other officer completing this certificate verifies only the identity of the individual who signed the document to which this certificate is attached, and not the truthfulness, accuracy or validity of that document.
01135.0001/1060901.2 8 of 8
CALIFORNIA ALL-PURPOSE ACKNOWLEDGMENT
STATE OF CALIFORNIA
COUNTY OF _____________________
On __________, 2025 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 i n 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 o n 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.
AMENDED AND RESTATED
CONTRACT SERVICES AGREEMENT
By and Between
CITY OF BELL
and
TERRA REALTY ADVISORS, INC.
01135.0001/1059197.4
AMENDED AND RESTATED
AGREEMENT FOR CONTRACT SERVICES
BETWEEN THE CITY OF BELL AND
TERRA REALTY ADVISORS, INC.
THIS AGREEMENT FOR CONTRACT SERVICES (herein “Agreement”) is made and entered into this _____ day of __________________, 2025 by and between the City of Bell, a California charter city (“City”) and Terra Realty Advisors, Inc. , a California corporation (“Consultant”). City and Consultant may be referred to, individually or collectively, as “Party” or “Parties.”
RECITALS
A. City requires certain professional consulting services in connection with its various real estate needs including with respect to outdoor advertising billboard signage.
B. Consultant has demonstrated expertise in signage, entitlement, real estate and related 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, a ll contracts o f the City for the purchase of materials, supplies, equipment, or services of an aggregate annual value equal to or exceeding $25,000 shall be awarded after compliance with the sealed bid procedures contained in this section. “Materials, supplies, equipmen t, and services ” include all personal property and services, except professional services, procured by the City.
D. Professional consulting services in connection with its various real estate needs , including with respect to o utdoor advertising billboard signage, 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 int o that certain Agreement for Contractual Services in July 2022 whereby Consultant agreed to provide professional consulting services in connection with its various real estate needs including with respect to o utdoor advertising billboard signage.
F. Since the July 2022 Agreement expired by its own terms in July 2024, the City and Consultant have been negotiating 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.
2 OPERATIVE PROVISIONS
NOW, THEREFORE, in consideration of the mutual promises and covenants made by the Parties and contained herein and other consideration, the value and adequacy of which are hereby acknowledged, the parties agree as follows:
ARTICLE 1. SERVICES OF CONSULTANT
1.1 Scope of Services.
In compliance with all terms and conditions of this Agreement, the Consultant shall provide those services specified in the “Scope of Services ” attached hereto as Exhibit “A” and incorporated herein by this reference, which may be referred to herein as the “services” or “work” hereunder. As a material inducement to the City entering into this Agreement, Consultant represents and warrants that it has the qualifications, experience, and facili ties 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 faithfu lly, competent ly 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 simila r 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 term s 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, s tatutes, 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, pe rmits and approvals as may be required by law for the performance of the services required by this Agreement.
Consultant shall have the sole obligation to pay for any fees, assessments and taxes, plus applicable penalties and interest, which may be imposed by law and arise from or are necessary for the Consultant’s performance of the services required by this Agreement, and shall indemnify, defend and hold harmless City , its officers, employees or agents of City, against any
3 such fees, assessments, taxes , penalties or interest levied, assessed or imposed against City hereunder.
1.5 Familiarity with Work.
By executing this Agreement, Consultant warrants that Consultant (i) has thoroughly investigated and considered the scope of services to be perfo rmed, (ii) has carefully considered how the services should be performed, and (iii) fully understands the facilities, difficulties and restrictions attending performance of the services under this Agreement. If the services involve work upon any site, Consultant warrants that Consultant has or will investigate the site and is or will be fully acquainted with the conditions there existing, prior to commencement of services hereunder. Should the Consultant discover any latent or unknown conditions, which will materially affect the performance of the services hereunder, Consultant shall immediately inform the City of such fact and shall not proceed except at Consultant’s risk until written instructions are received from the Contract Officer.
1.6 Care of Work.
The Consultant shall adopt reasonable methods during the life of the Agreement to furnish continuous protection to the work, and the equipment, materials, papers, documents, plans, studies and/or other components thereof to prevent losses or damages, and shall be responsible for all such damages, to persons or property, until acceptance of the work by City, except such losses or damages as may be caused by City’s own negligence.
1.7 Further Responsibilities of Parties.
Both parties agree to use reasonable care and diligence to pe rform their respective obligations under this Agreement. Both parties agree to act in good faith to execute all instruments, prepare all documents and take all actions as may be reasonably necessary to carry out the purposes of this Agreement . Unless hereafter specified, neither party shall be responsible for the service of the other.
1.8 Additional Services.
City shall have the right at any time during the performance of the services, without invalidating this Agreement, to order extra work beyond that specifi ed 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 ad justment in (i ) the Contract Sum for the actual costs of the extra work, and/or (ii) the time to perform this Agreement, which said adjustments are subject to the written approval of the Consultant. Any increase in compensation of up to ten percent (10%) of the Contract Sum or $25,000, whichever is less; or , in the time to perform of up to one hundred eighty (180) days, may be approved by the Contract Officer. Any greater increases, taken either separately or cumulatively, must be approved by the City Council. It is expressly understood by Consultant that the provisions of this Section shall not apply to services specifically set forth in the Scope of Services. Consultant hereby acknowledges that it accepts the risk that the services to be provided pursuant to the Scope o f Services may be more costly or time consuming than
4 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 f or an increase in the Contract Sum or time for performance shall be valid unless the procedures established in this Section are followed.
1.9 Special Requirements.
Additional terms and conditions of this Agreement, if any, which are made a part hereof are set forth in the “Special Requirements ” attached hereto as Exhibit “B” and incorporated herein by this reference. In the event of a conflict between the provisions of Exhibit “B” and any other provisions of this Agreement, the provisions of Exhibit “B” shall govern.
ARTICLE 2. COMPENSATION AND METHOD OF PAYMENT.
2.1 Contract Sum.
Subject to any limitations set forth in this Agreement, City agrees to pay Consultant the amounts specified in the “Schedule of Compensation ” attached hereto as Exhibit “C” and incorporated herein b y this reference. The total compensation, including reimbursement for actual expenses, shall not exceed Seventy Seven Thou sand Five Hundred Dollars ($77,500.00) (the “Contract Sum”), unless additional compensation is appro ved 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 material s 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 tas ks, (b) contract retention is maintained, and (c) the Contract Sum is not exceeded; or (iv) such other methods as may be specified in the Schedule of Compensation.
2.3 Reimbursable Expenses.
Compensation may include reimbursement for actual and necessary expenditures for reproduction costs, telephone expenses, and trave l expenses approved by the Contract Officer in advance, or actual subcontractor expenses of an approved subcontractor pursuant to Section 4.5, and only if specified in the Schedule of Compensati on. The Contract Sum shall include the attendance of Consultant at all project meetings reasonably deemed necessary by the City.
Coordination of the performance of the work with City is a critical component of the services. If Consultant is required to attend additional meetings to facilitate such coordination, Consultant shall not be entitled to any additional compensation for attending said meetings.
2.4 Invoices.
Each month Consultant shall furnish to City an original invoice for all work performed and expen ses incurred during the preceding month in a form approved by City’s Director of
5 Finance. By submitting an invoice for payment under this Agreement, Consultant is certifying compliance with all provisions of the Agreement. The invoice shall contain all information specified in Exhibit “C” , and shall detail charges fo r all necessary and actual expenses by the following categories: labor (by sub -category), travel, materials, equipment, supplies, and sub - contractor contracts. Sub-contractor charges shall also be detailed by such categories. Consultant shall not invoice City for any duplicate services performed by more than one person.
City shall independently review each invoice submitted by the Consultant to determine whether the work performed and expenses incurred are in compliance with the provisions of this Agreement. Except as to any charges for work performed or expenses incurred by Consultant which are disputed by City, or as provided in Section 7.3, City will use its best efforts to cause Consultant to be paid within forty -five (45) days of receipt of Consultant’s correct and undisputed invoice; however, Consultant acknowledges and agrees that due to City warrant run procedures, the City cannot guarantee that payment will occur within this time period . In the event any charges or expenses are disputed by City, the original invoice shall be returned by City to Consultant for correction and resubmission. Review and payment by City for any invoice provided by the Consultant shall not constitute a waiver of any rights or remedies provided herein or any applicable law.
2.5 Waiver.
Payment to Consultant for w ork performed pursuant to this Agreement shall not be deemed to waive any defects in work performed by Consultant.
ARTICLE 3. PERFORMANCE SCHEDULE
3.1 Time of Essence.
Time is of the essence in the performance of this Agreement.
3.2 Schedule of Performance.
Consultant shall commence the services pursuant to this Agreement upon receipt of a written notice to proceed and shall perform all services within the time period(s) establis hed in the “Schedule of Performance ” attached hereto as Exhibit “D” and incorporated herein by thi s 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 tim e period(s) specified in the Schedule of Performance for performance of the services rendered pursuant to this Agreement shall be extended because of any dela ys due to unforeseeable causes beyond the control and without the fault or negligence of the Consultant, including, but not restricted to, acts of God or of the public enemy, unusually severe weather, fires, earthquakes, floods, epidemics, quarantine restrictions, riots, strikes, freight embargoes, wars, litigation, and/or acts of any governmental agen cy, including the City, if the Consultant
6 shall within ten (10) days of the commencement of such delay notify the Contract Officer in writing of the causes of the delay. The Contract Officer shall ascertain the facts and the extent of delay, and extend the time for performing the services for the period of the enforced delay when and if in the judgment of the Contract Officer such delay is justified. The Contract Officer ’s determination shall be final and conclusive upon the parties to this Agreement. In no event shall Consultant be entitled to recover damages against the City for any delay in the performance of this Agreement, however caused, Consultant’s sole remedy being extension of the Agreement pursuant to this Section.
3.4 Term.
Unless earlier terminated in accordance with Article 7 of this Agreement, this Agreement shall continue in full force and effect until completion of the services but not exceeding 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:
Scott Sheldon President
(Name) (Title)
________
(Name) (Title)
It is expressly understood that the experience, knowledge, capability and reputation of the foregoing principals were a substantial inducement for City to enter into this Agreement.
Therefore, the foregoing pri ncipals shall be responsible during th e term of this Agreement for directing all activities of Consultant and devoting sufficient time to personally supervise the services hereunder. All personnel of Consultant, and any authorized agents, shall at all t imes be under the exclusive direction and control of the Principals. For purposes of this Agreement, the foregoing Principals may not be replaced nor may their responsibilities be substantially reduced by Consultant without the express written approval of City. Additionally, Consultant shall utilize only competent personnel to perform services pursuant to this Agreement. Consultant shall make every reasonable effort to maintain the stability and continuity of Consultant’s staff and subcontractors, if any, a ssigned to perform the services required under this Agreement.
Consultant shall notify City of any changes in Consultant’s staff and subcontractors, if any, assigned to perform the services required under this Agreement, prior to and during any such performance.
7 4.2 Status of Consultant.
Consultant shall have no authority to bind City in any manner, or to incur any obligation, debt or liability of any kind on behalf of or against City, whether by contract or otherwise, unless such authority is expressly conferred under this Agreement or is otherwise expressly conferred in writing by City. Consultant shall not at any time or in any manner represent that Consultant or any of Consultant’s officers, employees, or agents are in any manner officials, officers, employees or agents of City. Neither Consultant, nor any of Consultant’s officers, employees or agents, shall obtain any rights to retirement, health care or any other benefits which may otherwise accrue to City ’s employees. Consultant expressly waives any claim Consultant may have to any such rights.
4.3 Contract Officer.
The Contract Officer shall be Community Development Director Manuel Acosta, or 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 p rogress 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 s hall mean the approval of the Contract Officer. The Contract Officer shall have authority, if specified in writing by the City Manager, to sign all documents on behalf of the City required he reunder to carry out the terms of this Agreement.
4.4 Independent Consultant.
Neither the City nor any of it s 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 a s to City a wholly independent contractor with only such obligations as are consistent with that role. Consultant shall not at any time or in any manner represent that it or any of its agents or employees are agents or employees of City. City shall not in any way or for any purpose become or be deemed to be a partner of Consultant in its business or otherwise or a joint venturer or a member of any joint enterprise with Consultant.
4.5 Prohibition Against Subcontracting or Assignment.
The experience, knowledge, capability and reputation of Consultant, its principals and employees were a substantial inducement for the City to enter into this Agreement. Therefore, Consultant shall not contract with any other entity to perform in whole or in part the services required hereunder without the express written approval of the City. In addition, neither this Agreement nor any interest herein may be transferred, assigned , conveyed, hypothecated or encumbered voluntarily or by operation of law, whether for the benefit of cre ditors 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
8 (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 releas e the Consultant or any surety of Consultant of any liability hereunder without the express consent of City.
ARTICLE 5. INSURANCE AND INDEMNIFICATION
5.1 Insurance Coverages.
Without limiting Consultant’s indemnification of City, and prior to commencement of any services under this Agreement, Consultant shall obtain, provide and maintain at its own expense during the term of this Agreement, policies of insurance of the type and amounts described below and in a form satisfactory to City.
(a) General liability insurance . Consultant shall maintain commercial gene ral 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 inju ry, 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 autom obile insurance at least as broad as Ins urance 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 cover age for any owned, hired, non - owned or rented vehicles, in an amount not less than $1,000,000 combined single limit for each accident.
(c) Professional liability (errors & omissions) insuranc e. Consultant shall maintain professional liability insurance tha t 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 conti nuous coverage through a period no less than three (3) years after completion of the services required by this Agreement. (d) Workers’ compensation in surance. 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 fo r 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”.
9 5.2 General Insurance Requirements.
(a) Proof of insurance . Consul tant 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 endorse ments must be approved by City’s Risk Ma nager prior to commencement of performance. Current certification of insurance shall be kept on file with City at all times during the term of this Agr eement. City reserves the right to require complete, certified co pies of all required insurance policies, at any time.
(b) Duration of coverage . Consultant shall procure and maintain for the duration of this Agreement insurance against claims for injuries to persons or damages to property, which may arise from or in co nnection with the performance of the Ser vices 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 als o apply on a primary and non - contributory basis for the benefit of City before the City’s own insurance or self -insurance shall be called upon to protect it as a named insured.
(d) City’s rights of enforcement. In the event any policy of insurance required under this Agreement does not comply with these specifications or is canceled and not replaced, City has the right but not the duty to obtain the insurance it deems necessary and any premium paid by City will be promptly reimbursed by Consultant or City will withhold amounts sufficient to pay premium from Consultant payments. In the alternative, City may cancel this Agreement. (e) Acceptable insurers. All insurance policies shall be issued by an insurance company currently authorized by the Insurance Commi ssioner 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 main tained or procured pursuant to this agreement shall be endorsed t o waive subrogation against City, its el ected 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 r ecovery prior to a loss. Consultant here by 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). Consul tant acknowledges and agrees that any ac tual or alleged failure on the part of the City to inform
10 Consultant of non -compliance with any requirement imposes no additional obligations on the City nor does it waive any rights hereunder.
(h) Requirements not l imiting. Requirements of specific covera ge 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 cl arification 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 lim its 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 sp ecified minimum limits of insurance and coverage shall be available to the City. (i) Notice of cancellati on. Consultant agrees to oblige its insurance agent or broker and insurers to provide to City with a thirty (30) day notice of cancellation (except for nonpayment for which a ten (10) day notice is required) or nonre newal of coverage for each required coverage.
(j) Additional insured status . General liability policies shall provide or be endorsed to provide that City and its officers, officials, employee s, and agents, and volunteers shall be additional insureds under such policies. This provision shall also apply to any excess/umbrella liability policies.
(k) Prohibition of undisclosed coverage limitations . None of the coverages required herein will be in compliance with these requirements if they include any limiting endorsement of any kind that has not been first submitted to City and approved of in writing. (l) Separation of insureds. A severability of interests provision must apply for all additional insureds ensuring that Consultant’s insurance shall apply separately to each insured against whom claim is made or suit is brought, except with respect to the insurer’s limits of liability. The policy(ies) shall not contain any cross-liability exclusions. (m) Pass through clause . Consultant agrees to ensure that its subc onsultants, 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 endorse ments required of Consultant. Consultant agrees to monitor and re view all such coverage and assumes all responsibility for ensuring that such coverage is provided in conformity with the requirements of this section. Consultant agrees that upon request, all agreements with consultants, subcontractors, and others engaged in the project will be submitted to City for review. (n) Agency’s right to revise specifications . The City reserves the right at any time during the term of the contract to change the amounts and types of insurance required by giving the Consultant ninety (90) days advance written notice of such change. If such change results in substantial additional cost to the Consultant, the City and Consultant may renegotiate Consultant’s compensation.
11 (o) Self-insured retentions . Any self -insured retentions must be de clared 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 c omply with these specifications unless approved by City.
(p) Timely notice of claims . Consultant shall g ive City prompt and timely notice of claims made or suits instituted that arise out of or result from Consultant’s performance under this Agreement, and that involve or may involve coverage under any of the required liability policies.
(q) Additional insur ance. Consultant shall also procure and maintain, at its own cost and expense, any additional kinds of insurance, which in its own judgment may be necessary for its proper protection and prosecution of the work.
5.3 Indemnification.
To the full extent permitte d 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 a sserted or claimed by any person, firm o r 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 indivi dual or entity for which Consultant is l egally 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, provis ion, 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 pe rform such work, operations or activitie s 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.
12 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 l iabilities 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 a pply 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 prof essionals’ indemnity hereunder shall be limited to claims and liabilities arising out of the negligence, recklessness or willful misconduct of the design professional . The indemnity obligation shall be binding on successors and assigns of Consultant and shall survive termination of this Agreement.
ARTICLE 6. RECORDS, REPORTS, AND RELEASE OF INFORMATION
6.1 Records.
Consultant shall keep, and require subcontractors to keep, such ledgers , books of accounts, invoices, vouchers, canceled checks, reports, studies or other doc uments 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 se rvices. 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 r ight 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 hav e access to such records in the event an y 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 p rovided by Consultant’s successor in interest. Notwithstanding th e 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 submi t 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 ab out 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 o f the work or services contemplated here in 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 increa sed or decreased cost related thereto an d, if Consultant is providing design services, the estimated increased or decreased cost estimate for the project being designed.
13 6.3 Ownership of Documents.
All drawings, specifications, maps, designs, photographs, stud ies, 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 a nd shall be delivered to City upon reque st 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 own ership 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 with out specific written authorization by the Consultant will be at t he City’s sole risk and without liabilit y to Consultant, and Consultant’s guarantee and warranties shall not extend to such use, re use or assignment . Consultant may retain copies of such documents for its own use. Consultant shall have the right to use the concepts embodied therein.
All subcontractors shall provide for assignment to City of any documents or materials prepared by them, and in the event Consultant fails to secure such assignment, Consultant shall indemnify City for all damages resulting there from. 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 gain ed 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 wo rk 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 au thorization from the Contract Officer or unless requested by the City Attorney, voluntarily provide documents, declarations, letters of support, testimony at depositions, response to interrog atories 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 an y information or work product in violati on of this Agreement, then City shall have the right to reimbursement and indemnity from Consultant for any damages, costs and fees, including attorney’s fees, caused by or incurred as a result of Consultant’s conduct. (d) Consultant shall promptly notify City should Consultant, its officers, employees, agents or subcontractors be served with any summons, complaint, subpoena, notice of deposition, request for documents, interrogatories, request for admiss ions or othe r discovery request, court order or subp oena 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
14 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 Cali fornia. Legal actions concerning any dis pute, 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 exclusivel y 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 timefram e 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 discr etion, 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 Agreemen t under this Article. Any failure on the part of the City to give notice of the Consultant’s default shal l 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 t o 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, l iabilities, or damages suffered by City, and (ii) all amounts for which City may be liable to third parti es, 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 ri ght to deduct or to withhold shall not, however, affect the obligations of the Consultant to insure, indemnify, and protect City as elsewhere provided herein.
15 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 an y 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 rem edy by a non -defaulting party on any def ault 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 wai ver 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 mor e of such rights or remedies shall not p reclude the exercise by it, at the same or different times, of any other rights or remedies for the same default or any other default by the other party.
7.6 Legal Action.
In addition to any other rights or remedies, either party may take legal action, in law or in equity, to cure, correct or remedy any default, to recover damages for any default, to compel specific performance of this Agreement, to obtain declaratory or injunctive relief, or to obtain any other remedy co nsistent with the purposes of this Agree ment. Notwithstanding any contrary provision herein, Consultant shall file a statutory claim pursuant to Government Code Sections 905 et seq. and 910 et seq., in order to pursue a legal action under this Agreement.
7.7 Termination Prior to Expiration of Term.
This Section shall govern any termination of this Contract except as specifically provided in the following Section for termination for cause. The City reserves the right to terminate this Contract at any time, with or without cause, upon thirty (30) days ’ written notice to Consultant, except that where termination is due to the fault of the Consultant, the period of notice may be such shorter time as m ay be determined by the Contract Officer . In addition, the Consultant reserves the right to terminate thi s 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 app roved 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 reasonab le value of the work product actually produced hereunder. In the event of termination without cause pursu ant to
16 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 obligat ions 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 ex tent 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 part y to any action or proceeding in any way connected with this Agre ement, 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 fee s shall be deemed to have accrued on com mencement 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 empl oyee of the City shall be personally lia ble 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 w hich 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 inter est shall be employed by it as an officer, employee, agent or sub contractor without the express written c onsent 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
17 Agreement which a ffects her/his financial interest or the financial intere st 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 agai nst or segregation of, any person or gro up 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 appl icants are employed and that employees are treated during employment without regard to their race, color, creed, religion, sex, gender, sexual orientat ion, 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 a s 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 f or the cost of all such liabilities or sanctions imposed, together with any and all costs, including attorneys ’ fees, incurred by City.
ARTICLE 9. MISCELLANEOUS PROVISIONS
9.1 Notices.
Any notice, demand, request, document, consent , approval, or communication either party desires or is required to give to the other party or any other person shall be in writing and either served personally or sent by prepaid, first -class mail, in the case of the City, to the City Manager and to the a ttention 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.
18 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 at tachments 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, par agraphs, or sections contained in this A greement shall be declared invalid or unenforceable by a valid judgment or decree of a court of competent jurisdiction, such invalidity or unenforceabi lity shall not affect any of the remaining phrases, sentences, cl auses, 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 o r indirect, in this Agreement, nor shall any official, officer, o r employee of City participate in any de cision 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 shal l 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 employe e, any money, consideration, or other thing of value as a result or consequence of obtaining or being awarded any agreement.
Consultant further warrant s 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.
19 Consultant’s Authorized Initials _______
9.7 Corporate Authority.
The persons executing this Agreement on behalf of the parties hereto warrant that (i) such party is duly organized and existing, (ii) they are duly authorized to execute and deliver this Agreement on behalf of said party, (iii) by so executing this Agreement, such party is formally bound to the provisions of this Agreement, and (iv) th at entering into this Agreement does not violate any provision of any other Agreement to which said party is bound. This Agreement shall be binding upon the heirs, executors, administrators, successors and assigns of the parties. [SIGNATURES ON FOLLOWING PAGE]
20 IN WITNESS WHEREOF , the parties hereto have executed this Agreement on the date and year first-above written.
CITY:
CITY OF BELL, a charter city
Ali Saleh, Mayor
ATTEST:
Angela Bustamante, City Clerk
APPROVED AS TO FORM:
ALESHIRE & WYNDER, LLP
David J. Aleshire, City Attorney
CONSULTANT:
TERRA REALTY ADVISORS, INC, a California
corporation
By:
Name: Scott Sheldon
Title: President
By:
Name: Anna Sheldon
Title: Secretary
Address: 450 Chadbourne Road, Suite G
Fairfield, CA 94534
Two corporate officer signatures required when Consultant is a corporation, with one signature required from each of the following groups: 1) Chairman of the Board, President or any Vice President; and 2) Secretary, any Assistant Secretary, Chief Financial Officer or any Assistant Treasurer. CONSULTANT ’S
SIGNATURES SHALL BE DULY NOTARIZED, AND APPROPRIATE ATTESTATIONS SHALL BE
INCLUDED AS MAY BE REQUIRED BY THE BYLAWS, ARTICLES OF INCORPORATION, OR OTHER RULES OR REGULATIONS APPLICABLE TO CONSULTANT ’S BUSINESS ENTITY.
01135.0001/1059197.4
CALIFORNIA ALL-PURPOSE ACKNOWLEDGMENT
STATE OF CALIFORNIA
COUNTY OF _____________________
On __________, 2025 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 in strument and acknowledged to me that he/she/they executed the sam e in his/her/their authorized capacity(ies), and that by his/her/their signature(s) on the instrument the person(s), or the entity upon behalf of which the person(s) acted, executed the instrument.
I certify under PENALTY OF PERJURY under the laws of the State of California that the foregoing paragraph is true and correct.
WITNESS my hand and official seal.
Signature: _____________________________________
OPTIONAL
Though the data below is not required by law, it may prove valuable to persons relying on the document and could prevent fraudulent reattachment of this form
CAPACITY CLAIMED BY SIGNER DESCRIPTION OF ATTACHED DOCUMENT
INDIVIDUAL
CORPORATE OFFICER
_______________________________
TITLE(S)
PARTNER(S) LIMITED
GENERAL
ATTORNEY-IN-FACT
TRUSTEE(S)
GUARDIAN/CONSERVATOR
OTHER_______________________________
______________________________________
SIGNER IS REPRESENTING:
(NAME OF PERSON(S) OR ENTITY(IES))
_____________________________________________
_____________________________________________
___________________________________
TITLE OR TYPE OF DOCUMENT
___________________________________
NUMBER OF PAGES
___________________________________
DATE OF DOCUMENT
___________________________________
SIGNER(S) OTHER THAN NAMED ABOVE
A notary public or other officer completing this certificate verifies only the identity of the individual who signed the document to which this certificate is attached, and not the truthfulness, accuracy or validity of that document.
01135.0001/1059197.4
CALIFORNIA ALL-PURPOSE ACKNOWLEDGMENT
STATE OF CALIFORNIA
COUNTY OF _____________________
On __________, 2025 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 Cali fornia 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 a nd could prevent fraudulent reattachment of this form.
CAPACITY CLAIMED BY SIGNER DESCRIPTION OF ATTACHED DOCUMENT
INDIVIDUAL
CORPORATE OFFICER
_______________________________
TITLE(S)
PARTNER(S) LIMITED
GENERAL
ATTORNEY-IN-FACT
TRUSTEE(S)
GUARDIAN/CONSERVATOR
OTHER_______________________________
______________________________________
SIGNER IS REPRESENTING:
(NAME OF PERSON(S) OR ENTITY(IES))
_____________________________________________
_____________________________________________
___________________________________
TITLE OR TYPE OF DOCUMENT
___________________________________
NUMBER OF PAGES
___________________________________
DATE OF DOCUMENT
___________________________________
SIGNER(S) OTHER THAN NAMED ABOVE
A notary public or other officer completing this certificate verifies only the identity of the individual who signed the document to which this certificate is attached, and not the truthfulness, accuracy or validity of that document.
01135.0001/1059197.4 A-1
EXHIBIT “A”
SCOPE OF SERVICES
I. Consultant will perform the following Services and in accordance with the procedure in Section II below:
A. General Services:
a. Work with City s taff and legal counsel to update the City’s existing Sign Ordinance to permit digital LED signs at identified locations within the City limits, as required.
b. Work with Caltrans to potentially change the current Landsc ape Freeway designation at all identified billboard locations, if required. c. Assist City staff and legal counsel in negotiating new digital sign opportunities on the I-710 freeway, including “acquiring” identified site(s) for the City to construct a new digital sign(s).
d. If necessary, prepare and distribute a Request for Qualification and Proposal to qualified outdoor advertising sign companies for City - controlled sites. Coordinate with City staff and legal counsel. e. Work with City staff and legal counsel to negotiate new digital sign lease(s) and/ or Development Agreement as necessary for all identified sites.
f. Coordinate with the selected sign company(s) on behalf of the Client on all matters including obtaining all local entitlements and State permits. g. Work with City staff on design and other entit lement matters as required for each potential sign.
h. Attend one (1) Planning Commission meeting and one (1) City Council meeting.
B. Specific Services With Respect to Lamar Outdoor Media:
a. Work with City staff and legal c ounsel to negotiate a counter proposal t o Lamar Outdoor Media (Lamar) request to develop a new digital LED billboard sign on the I-710 freeway at 5390 Rickenbacker Road. b. Coordinate with the Lamar on behalf of the City on all matters including obtaining all local entitlements and State permits.
c. Work with City’s legal counsel to draft and negotiate a Development Agreement with Lamar.
d. Work with City staff on design and other entitlement matters as required.
01135.0001/1059197.4 A-2
e. Attend one (1) City Council meeting (potential closed session) to brief the members on sign r elated matters including economics, entitlement issues, etc. at the option of City staff.
f. Attend one (1) Planning Commission meeting and one (1) City Council meeting.
C. Specific Services With Respect to Clear Channel Outdoor (CCO):
a. Work with City staff and l egal counsel to update the existing Sign Ordinance by code text amendment to permit digital LED signs at identified locations within the City limits on surface streets as proposed by CCO, if required.
b. Negotiate with CCO on all matters relating to their pro posal to convert 6 static poster signs on surface streets to digital LED signs. In conjunction with this, negotiate a takedown on 6 other static signs on surface streets.
Coordinate final building permit applicatio ns as necessary. Attend one (1) Planning Commission and one (1) City Council meeting.
c. Assist City staff and legal counsel in negotiating a new potential digital sign conversion of an existin g static sign by CCO on railroad ROW on the I-710 freeway. Work to include negotiating a new Development Agreement, assisting the selected company with Caltrans on de -classifying the relevant section of I -710 to allow a new sign to be constructed, work with the selected company and staff on a final design of the sign, coordinate all planning submittals with staff and the applicant. Attend one (1) Planning Commission and one (1) City Council meeting.
D. Specific Services With Respect to Electronic With Outfront Media (OFM):
a. Work with City staff and legal counsel to negoti ate and finalize a new digital sign leas e with OFM. Work also includes creating a new separate legal parcel on the Gage stub street, agreement on a final design of the sign, coordinating with Caltrans on a relocation agreement, coordinating on final building permit submittals as necessary. Atte nd one (1) Planning Commission and one (1) City Council meeting.
E. Work with City staff on potential economic development projects, including proforma review and feasibility as directed.
F. Work with City staff on other p otential sign matters, as and when ident ified, if necessary.
II. As part of the Services, Consultant will prepare and deliver the following tangible work products to the City:
A. Each task shall be indicated by a written request (“Task Request”) produced by the Contract Officer with a description of t he work to be performed, and the time
01135.0001/1059197.4 A-3
desired for completion. All tasks shall be carried out in conformity with all provisions of this Agreement.
B. Consultant must prepare a written description of the requested ta sks including all components and subtasks; the costs to perform the task (“Task Budget”); explain how the cost was determined; and a schedule for completion of the task (“Task Completion Date”); which shall all collectively be referred to as the “Task Proposal.”
C. Contract Officer shall in writin g approve, modify or reject the Task Proposal.
Upon approval by the Contract Officer, the Task Proposal shall be referred to as the “Approved Task Prop osal.” The task shall be performed in accordance with the Approved Task Proposal.
D. City and Consultant may reach a mutually agreed-upon completion date under the Approved Task Proposal depending on the tasks and the City’s requirements.
E. The task shall be performed at a cost not to exceed the Task Budget in the Approved Task Proposal.
F. Consultant shall complete the task and deliver all deliverables to Contract Officer in accordance with this Agreement and the Approved Task Proposal.
III. In addition to the req uirements of Section 6.2, d uring performance of the Services, Consultant will keep the City appraised of the status of performance by delivering the following status reports:
A. Status reports due upon the City’s request.
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. Scott Sheldon, President
01135.0001/1059197.4 B-1
EXHIBIT “B”
SPECIAL REQUIREMENTS
(Superseding Contract Boilerplate)
None.
01135.0001/1059197.4 C-1
EXHIBIT “C”
SCHEDULE OF COMPENSATION
I. Consultant shall perform the Services set forth on Exhibit “A” on an hourly billing basis in accordance with the following rate schedule:
RATE SCHEDULE
The following are the hourly rates for each position:
President $310.00/hr
Executive Vice President $265.00/hr
Senior Vice President $230.00/hr
Vice President $210.00/hr
Director of Due Diligence/Research $150.00/hr
Administrative/Clerical $95.00/hr
II. A retention of ten percent (10%) shall be held from ea ch payment as a contract retention to be paid as part of the final payment upon satisfactory completion of services.
III. The City will compensate Consultant for the Services performed upon submission of a valid invoice. Each invoice is to include:
A. Line items for all personnel describing the work performed, the number of hours worked, and the hourly rate.
B. Line items for all materials and equipment properly charged to the Services.
C. Line items for all other app roved reimbursable expenses claimed, with supporting documentation.
D. Line items for all approved subcontractor labor, supplies, equipment, materials, and travel properly charged to the Services.
IV. The total compensation for the Services shall not exceed the Contract Sum as provided in Section 2.1 of this Agreement.
V. Within the budgeted amounts for each Approved Task Proposal, and with the approval of the Contract Officer, funds may be s hifted from one Task subbudget to another so long as the Contract Sum is not exceeded per Section 2.1, un less Additional Services are approved per Section 1.8.
01135.0001/1059197.4 D-1
EXHIBIT “D”
SCHEDULE OF PERFORMANCE
I. Consultant shall perform all services timely in accordance with the following schedule:
A. On or before October 31, 2025: Consultant shall work to complete ne gotiations with Kanar Outdoor Media (Lamar) request to develop a new digital LED billboard sign on the I-710 freeway at 5390 Rickenbacker Road.
B. On or before October 31, 2025: Consultant s hall work with City staff and legal counsel to update the City’s existing Sign Ordinance to permit digital LED signs at the identified locations within the City limits and coordinate with the selected sign company(s) on behalf of the City on all matters in cluding obtaining all local entitlements and State permits.
II. The Contract Officer may approve extensions for performance of t he services in accordance with Section 3.2.
01135.0005/1062587.1
AMENDMENT NO. 2
TO AGREEMENT FOR CONTRACT SERVICES
THIS AMENDMENT TO THE AGREEMENT FOR CONTRACT SERVICES
(“Amendment”) by and between the CITY OF BELL, a California municipal corporation (“City”), and CSG Consultants, Inc., a California corporation (“Consultant”) is effective as of the ____ day of __________________ 2025.
RECITALS
A. City and Con sultant entered into that certain Agr eement for Contractual Services in May 2024 (“Agreement”) whereby Con sultant agreed to provide Planning and Project Management Services.
B. City and Consultant entered into Amendment No. 1 dated July 24, 2024 whereby City and Con sultant amended the Agreement to reduce the term from three (3) years to one (1) year, increase the Contract Sum by $25,000.00 from $25,000.00 to $50,000.00, and revise d the Schedule of Performance.
C. City and Consultant now desire to extend the Agreement for one (1) additional year from May 2025 to May 2026 and increase the Contract Sum by $80,000.00 from $50,000.00 to $130,000.00.
D. Except as amended hereby, this Amendment is subject to the same terms and conditions as provided in the Agreement and Amendment No. 1.
TERMS
1. Contract Changes. The Agreement is amended as provided herein. Added text is indicated in bold italics, deleted text is indicated in strikethrough.
a. Section 2.1, “Contract Sum,” is hereby amended and shall now read as follows:
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 reimbu rsement for actual expenses, shall not exceed One Hundred Thirty Thousand Dollars ($130,000.00) Fifty Thousand Dollars ($50,000.00) , unless additional compensation is approved pursuant to Section 1.8.
01135.0005/1062587.1
b. Exhibit C, “Schedule of Compensation,” is hereby amended and shall now read as follows:
c. Exhibit D, “Schedule of Performance,” is hereby amended and shall now read as follows:
Task Completion Date
A. In & Out: Complete City approval and
entitlement process
Two (2) Years One (1) year from Notice to
Proceed
B. Stackyard: Complete City approval and
entitlement process
Two (2) Years One (1) year from Notice to
Proceed
C. City Ventures : Complete City approval
and entitlement process
Two (2) Years One (1) year from Notice to
Proceed
D. Evergreen: Complete City approval and
entitlement process
Two (2) Years One (1) year from Notice to
Proceed
E. Other Duties and Tasks On-Call Basis
TOTAL $130,000.00 $50,000.00
***The City’s City Manager retains the right extend the Completion Date by six (6) months.
Task Cost
A. In & Out $20,000.00 $5,000.00
B. Stackyard $20,000.00 $10,000.00
C. City Ventures $20,000.00 $10,000.00
D. Evergreen $20,000.00 $10,000.00
E. Other Duties and Tasks $30,000.00 $15,000.00
TOTAL $130,000.00 $50,000.00
***The City’s City Manager retains the right to reallocate funds between each Task.
01135.0005/1062587.1
2. Continuing Effect of Agreement. Except as amended by this Amendment, all provisions of the Agreement shall remain unchanged and in full force and effect. From and after the date of this Amendment, whenever the term “Agreement” appears in the Agreement, it shall mean the Agreement, as amended by this Amendment to the Agreement.
3. Affirmation of Agreement; Warranty R e Absence of Defaults. City and Consultant each ratify and reaffirm each and every on e of the respective rights and obligations arising under the Agreement. Each party represents and warrants to the other that there have been no written or oral modifications to the Agreement other than as pr ovided herein. Each party represents and warrants to the other that the Agreement is currently an effective, valid, and binding obligation.
Consultant represents and warrants to City that, as of the date of this Amendment, City is not in default of any material term of the Agreement and that there have been no events that, with the passing of time or the giving of notice, or both, would constitute a mat erial default under the Agreement.
City represents and warrants to Con sultant that, as of the date of this Amendment, Consultant is not in default of any material term of the Agreement and that there have been no events that, with the passing of time or t he giving of notice, or both, would constitute a material default under the Agreement.
4. Adequate Consideration. The parties hereto irrevocably stipula te and agree that they have each received adequate and independent consideration for the performance of th e obligations they have undertaken pursuant to this Amendment.
5. Authority. The persons executing this Amendment 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 Amendment on behalf of said party, (iii) by so executing this A mendment, such party is formally bound to the provisions of this A mendment, and (iv) the entering into this Amendment does not violate any provision of any other Agreement to which said party is bound.
[SIGNATURES ON FOLLOWING PAGE]
01135.0005/1062587.1
IN WITNESS WHEREOF, the parties hereto have executed this Amendment on the date and year first-above written.
CITY:
CITY OF BELL
_ ______________________
Ali Saleh, Mayor
ATTEST:
Angela Bustamante, City Clerk
APPROVED AS TO FORM:
ALESHIRE & WYNDER, LLP
David J. Aleshire, City Attorney
CONSULTANT:
CSG CONSULTANTS, INC., a California
corporation
By:_________________________________
Name:
Title:
By:_________________________________
Name:
Title:
Address: 550 Pilgrim Drive
Foster City, CA 94404
Two corporate officer signatures required when Consultant is a corporation, with one signature required from each of the following groups: 1) Chairman of the Board, President or any Vice President; and 2) Secretary, any Assistant Secretary, Chief Financial Officer or any Assistant Treasurer. CONSULTANT ’S
SIGNATURES SHALL BE DULY NOTARIZED, AND APPROPRIATE ATTESTATIONS SHALL BE
INCLUDED AS MAY BE REQUIRED BY THE BYLAWS, ARTICLES OF INCORPORATION, OR OTHER RULES OR REGULATIONS APPLICABLE TO CONSULTANT’S BUSINESS ENTITY .
01135.0005/1062587.1
CALIFORNIA ALL-PURPOSE ACKNOWLEDGMENT
STATE OF CALIFORNIA
COUNTY OF _________________________
On __________, 2025 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 w ithin 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.
01135.0005/1062587.1
CALIFORNIA ALL-PURPOSE ACKNOWLEDGMENT
STATE OF CALIFORNIA
COUNTY OF ______________________
On __________, 2025 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 in strument 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.
AGENDA ITEM 9
Minutes of the Meeting of the
Bell City Council and Related Agencies
March 12, 2025
MIUTES OF THE 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 M
arch 12, 2025
5:00 P
.M. Closed Session
7:00 P.M. Regular Meeting
L
ocation: Bell Community Center, 6250 Pine Avenue, Bell CA 90201
M
ayor Saleh called the meeting to order at 5:41 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 PR
ESENT: Councilmembers Flores*, Quintana, Romero*, Vice-Mayor Arroyo, and Mayor Saleh ABS
ENT: None
*
Councilmember Flores arrived at 6:00 p.m.
*
Councilmember Romero arrived at 6:30.
S
taff Present: City Manager Michael L. Antwine, City Attorney Dave Aleshire, Assistant to the City Manager Javier Ochiqui, Finance Director Rickey Manbahal, and Community Development Director Manuel Acosta
C
ommunications from the Public on Closed Session Items
T
his 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 speakers, Mayor Saleh recessed the meeting to closed session at 5:43 p.m.
C
losed Session
T
he City Council and the related Authorities and Agencies will recess to closed session to confer with legal counsel regarding the following matters:
MEETING WILL BE HELD IN-PERSON AT THE BELL COMMUNITY CENTER PUBLIC COMMENT: If you wish to make a comment on items listed on the agenda, you may attend the meeting in-person at Bell Community Center. Please complete a Request to Speak Card available in the location and wait until the mayor calls you to approach the podium. Please clearly state your name and address and proceed to make your comments.
You may also submit input electronically through a temporary public comment email established for City of Bell City Council meetings at [email protected]. Your written comment must be submitted by 4pm on Wednesday, March 12, 2025. Any emails received after the time indicated will not be included in the record. Written Comments will be subject to the three minute time limitation (approximately 350 words).
The meeting will be recorded and live streamed on the City’s website at http://www.cityofbell.org/?NavID=101
AGENDA ITEM 9
Minutes of the Meeting of the
Bell City Council and Related Agencies
March 12, 2025
a. CONFERENCE WITH REAL PROPERTY NEGOTIATORS (Pursuant to Government Code section 54956.8)
Property: 7030 Atlantic Avenue, Bell CA 90201
Agency negotiators: Michael L. Antwine II (City Manager), and Dave Aleshire (City Attorney) Negotiating parties: To be Determined
b. CONFERENCE WITH REAL PROPERTY NEGOTIATORS (Pursuant to Government Code section 54956.8)
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: 5241 Florence 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. Anticipated Initiation of Litigation pursuant to Government Code Section 54956.9 (d)(3) regarding significant exposure to litigation in one case.
Reconvene Regular City Council Meeting
Mayor Saleh called the meeting to order at 7:06 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 Flores, Quintana, Romero, Vice-Mayor Arroyo, and Mayor Saleh.
ABSENT: None
AGENDA ITEM 9
Minutes of the Meeting of the
Bell City Council and Related Agencies
March 12, 2025
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, Community Development Director Manuel Acosta, Assistant to the City Manager Javier Ochiqui, Finance Director Rickey Manbahal, Human Resources Manager Gina Skibar, and Community Servies Director Janine Andrade.
Pledge of Allegiance was led by Mayor Saleh
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: Item A) was discussed and there was no reportable actions. Items B-G) were not discussed.
Presentations and Recognitions
a. Mayor Citizens Award
This item was continued to the next meeting.
b. Proclamation declaring March 2025 as Women’s History Month and Presentation of Certificates of Recognition to Ten Outstanding Women Mayor Saleh presented the proclamation to Montserrat Aguilar, Nancy Cervantes de Medrano, Elsa De Loera, Rihan Bedier, Haifa Hamdan, Daisy Aldama, Nora Saenz, Antonia Gonzalez M, Zeinab Tehfi, Manal Farhat, and Mary Cranston. Vice- Mayor Arroyo, Councilmember Quintana and Councilmember Romero praised the contributions women have made to society.
Communications from the Public
The following members of the public may addressed the City Council and related Authorities and Agencies on items that are on the agenda and non-agenda items that are under the subject matter jurisdiction of City Council and/or its related authorities and agencies : Gary Anderson, Kathy Teague, Nora Saenz, and Antonio Robles.
Mayor and City Council Communications
Pursuant to Assembly Bill 1234, this is the time and place to provide a brief report on meetings, seminars and conferences attended by the Mayor and City Councilmembers.
Councilmember Quintana made a comment.
Councilmember Romero made a comment.
Vice-Mayor Arroyo made a comment.
Mayor Saleh made a comment.
Mayor Saleh left the meeting at 7:34 p.m.
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 had nothing to report.
AGENDA ITEM 9
Minutes of the Meeting of the
Bell City Council and Related Agencies
March 12, 2025
Business Session
1. Consideration to approve Amendment No.1 with Transtech Engineers Inc. for contract building official, building inspector, and plan check related services. (City Council)
Recommendation: It is recommended that the City Council approve a one- year extension with Transtech Engineers Inc. for contract building official, building inspector, and plan check related services for, and on behalf of, the City.
Community Development Director Manuel Acosta provided a report on the item.
It was moved by Councilmember Quintana to approve agenda item no. 1 , as recommended.
Motion was seconded by Councilmember Romero which carried with the following roll call vote:
Roll Call: 4-0-0-1
AYES: Councilmembers Flores, Quintana, Romero, and Vice-Mayor Arroyo NOES: None
ABSTAIN: None
ABSENT: Mayor Saleh
Motion Passed.
2. Consideration to approve an Agreement with SEO Media for Recording and Live Web- Streaming Services. (City Council)
Recommendation: It is recommended that the City Council approve an Agreement with SEO Media for Recording and Live Web-Streaming Services.
Assistant to the City Manager Javier Ochiqui provided a report on the item.
It was moved by Councilmember Romero to approve agenda item no. 2, 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, Quintana, Romero, and Vice-Mayor Arroyo NOES: None
ABSTAIN: None
ABSENT: Mayor Saleh
Motion Passed.
3. Creation of FY 2025-2026 Budget Ad hoc Committee. (City Council)
Recommendation: It is recommended that the City Council appoint two (2) Councilmembers to the FY 2025- 2026 Budget Ad- hoc Committee to review and provide feedback on the proposed fiscal year 2025-2026.
City Manager Michael L. Antwine provided a report on the item.
Council appointed Vice- Mayor Arroyo and Mayor Saleh to the FY 2025- 2026 Budget Ad -hoc committee.
It was moved by Councilmember Romero to approve agenda item no. 3, as recommended. Motion
AGENDA ITEM 9
Minutes of the Meeting of the
Bell City Council and Related Agencies
March 12, 2025
was seconded by Councilmember Flores which carried with the following roll call vote:
Roll Call: 4-0-0-1
AYES: Councilmembers Flores, Quintana, Romero, and Vice-Mayor Arroyo NOES: None
ABSTAIN: None
ABSENT: Mayor Saleh
Motion Passed.
4. Mid-Year Budget Report for Fiscal Year 2024-2025. (City Council)
Recommendation: It is recommended that the City Council read by title only, waive further reading and adopt Resolution 2025-11 titled:
A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF BELL
AUTHORIZING FISCAL YEAR 2024-25 BUDGET AMENDMENTS
TO INCREASE GENERAL FUND REVENUES AND
EXPENDITURES BY $1,258,802 AND AUTHORIZE A
TRANSFER OF $564,002 FROM GENERAL FUND RESERVES
TO GENERAL FUND OPERATING ACCOUNTS, AND TO
RECONCILE FY24 -25 CIP BUDGET BY $2.7 MILLION FOR
PROJECT CLOSE OUT, DEFERREMENT AND ADDITION TO
THE FY24-25 CIP PROJECTS
Mayor Saleh returned to the council meeting at 7:50 p.m.
Finance Director Rickey Manbahal provided a PowerPoint presentation on the item.
Chief of Police Carlos Islas provided additional information on the item.
City Manager Michael L. Antwine provided additional information on the item.
Councilmember Quintana recommended the motion be to approve the following embodied in the resolution authorizing the fiscal year 24/25 budget amendment to increase general fund revenues and expenditures by $315,000.
City Attorney Dave Aleshire stated Council would be approving the modified version of the resolution with the revised language: A Resolution Of The City Council Of The City Of Bell Authorizing Fiscal Year 2024-25 Budget Amendments To Increase General Fund Revenues And Expenditures by $315,000 and to reconcile the FY 24- 25 Cip Budget by 2.7 million For Project Close Out, Deferment And Addition To The Fy24-25 Cip Projects.
It was moved by Councilmember Quintana to approve agenda item no. 4, as with council’s recommended changes. Motion was seconded by Councilmember Romero which carried with the following roll call vote:
Roll Call: 5-0-0-0
AYES: Councilmembers Flores, Quintana, Romero, Vice-Mayor Arroyo, and Mayor Saleh NOES: None
ABSTAIN: None
ABSENT: None
AGENDA ITEM 9
Minutes of the Meeting of the
Bell City Council and Related Agencies
March 12, 2025
Motion Passed.
Consent Calendar
The following Consent Calendar items are expected to be routine and non-controversial. They are acted upon by the City Council and related authorities at one time without discussion. The reading of the full text of ordinances and resolutions will be waived unless a Councilmember requests otherwise.
It was moved by Councilmember Quintana to approve agenda items 5 through 6. Motion was seconded by Vice-Mayor Arroyo which carried with the following voice vote:
Roll Call: 5-0-0-0
AYES: Councilmembers Flores, Quintana, Romero, Vice-Mayor Arroyo and Mayor Saleh NOES: None
ABSTAIN: None
ABSENT: None
Motion Passed.
Recommendation: Approve agenda items 5 and 6.
5. Minutes for the Regular City Council Meetings of February 26, 2025. (City Council)
6. General Warrants, Successor Agency to the Bell Community Redevelopment Agency and Community Housing Authority Warrants of March 12, 2025. (Council/Successor Agency to the Bell Community Redevelopment Agency/Bell Community Housing Authority).
Pending Items – None
Next Regular Meeting Wednesday, March 26, 2025
Mayor Saleh adjourned the meeting at 8:48 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 April 9, 2025.
________________________________
Angela Bustamante, City Clerk
Ali Saleh, Mayor
Minutes of the Meeting of the
Bell City Council and Related Agencies
March 26, 2025
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
March 26, 2025
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 6:09 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 Romero, Vice-Mayor Arroyo and Mayor Saleh.
ABSENT: Councilmembers Flores and Quintana
Staff Present: City Manager Michael L. Antwine, City Attorney Dave Aleshire, 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.
None
Mayor Saleh recessed the meeting to closed session at 6:10 p.m.
The City Council and the related Authorities and Agencies will recess to closed session to confer with legal counsel regarding the following matters:
a. CONFERENCE WITH REAL PROPERTY NEGOTIATORS (Pursuant to Government Code section 54956.8)
Property: 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 calls you to approach the podium. Please clearly state your name and address and proceed to make your comments.
You may also submit input electronically through a temporary public comment email established for City of Bell City Council meetings at [email protected]. Your written comment must be submitted by 4pm on Wednesday, March 26, 2025. 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
March 26, 2025
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: APN 6327-002-900,901
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 6226-005-900,901,902,903
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 6226-006-900,901,902,903
Agency negotiators: Michael L. Antwine II (City Manager), and Dave Aleshire (City Attorney) Negotiating parties: To be Determined
f. Anticipated Initiation of Litigation pursuant to Government Code Section 54956.9 (d)(3) regarding significant exposure to litigation in one case.
g. Public Employee Performance Evaluation (Government Code Section 54957 (b)) Title: City Manager
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: Councilmembers Flores, Quintana, Romero, Vice-Mayor Arroyo, and Mayor Saleh
PRESENT: Councilmember Romero, Vice-Mayor Arroyo and Mayor Saleh.
ABSENT: Councilmembers Flores and Quintana*
*Councilmember Quintana arrived at 8:20 p.m.
Staff Present: City Manager Michael L. Antwine, City Attorney Dave Aleshire, Chief of Police Carlos Islas, Interim Public Works Director John Oskoui, Community Development Director Manuel Acosta, Assistant to the City Manager Javier Ochiqui, Finance Director Rickey Manbahal, Deputy Director of Human Resources and Risk Management Gina Skibar, Community Services Director Janine Andrade, Community Services Deputy Director Rebbeca Silva-Barron.
Mayor Saleh led the pledge of allegiance.
Minutes of the Meeting of the
Bell City Council and Related Agencies
March 26, 2025
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: Item F) was discussed; there was no reportable action. Item G) was discussed with the absence of City Manager Michael L. Antwine; there was no reportable action. Items A-E were not discussed.
Presentations and Recognitions
a. Mayor Citizens Award
This item was continued to the next meeting.
b. LAUSD Presentation on School Facility Improvements
Senior Facilities Development Manager and Regional Planning Manager Jennifer Iceland provided a presentation. LAUSD Director Lorena Padilla- Melendez provided additional information.
Communications from the Public
The following members of the public address ed the City Council and related Authorities and Agencies on items that are on the agenda and non-agenda items that are under the subject matter jurisdiction of City Council and/or its related authorities and agencies : Amin Nash, Edwin Gonzalez, and Luis Mesa.
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.
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 had nothing to report.
Business Session
1. Consideration to Approve a Letter of Support for the Middle Eastern and North African Inclusion Act. (City Council)
Recommendation: It is recommended that the City Council approve the Letter of Support for the Middle Eastern and North African Inclusion Act (AB-91).
Assistant to the City Manager Javier Ochiqui provided a report on the item.
It was moved by Vice-Mayor Arroyo to approve agenda item no. 1, as recommended. Motion was seconded by Councilmember Romero which carried with the following roll call vote:
Minutes of the Meeting of the
Bell City Council and Related Agencies
March 26, 2025
Roll Call: 3-0-0-2
AYES: Councilmember Romero, Vice-Mayor Arroyo and Mayor Saleh NOES: None
ABSTAIN: None
ABSENT: Councilmember Flores and Quintana
Motion Passed.
2. Authorize the Police Chief to accept and administer the State Homeland Security Program (SHSP) Grant in the amount of $51,000.00 to assist the police department in obtaining security cameras and media storage upgrades to monitor critical infrastructures and crowded places within the City of Bell. (City Council)
Recommendation: It is recommended that the City Council read by title only, waive further reading and adopt Resolution 2025-13 titled:
A RESOLUTION OF THE CITY COUNCIL OF CITY OF BELL
AUTHORIZING THE POLICE CHIEF TO ACCEPT AND ADMINISTER
THE FY 2022 HOMELAND SECURITY GRANT PROGRAM (HSGP)
STATE HOMELAND SECURITY PROGRAM (SHSP) SUBRECIPIENT
AWARD OF $51,000.00 TO BE USED FOR THE PURCHASE OF VIDEO
SECURITY SYSTEMS AND INSTALLATION
Chief of Police Carlos Islas provided a report on the item.
City Attorney Dave Aleshire read the title of the resolution.
It was moved by Councilmember Romero to approve agenda item no. 2, as recommended. Motion was seconded by Vice-Mayor Arroyo which carried with the following roll call vote:
Roll Call: 3-0-0-2
AYES: Councilmember Romero, Vice-Mayor Arroyo and Mayor Saleh NOES: None
ABSTAIN: None
ABSENT: Councilmembers Flores and Quintana
Motion Passed.
Mayor Saleh recessed the meeting at 7:45 p.m.
Mayor Saleh reconvened the meeting at 8:08 p.m.
3. Approval of Agreement with Kaizen Software Services for a Recreation and Reservations Management Solution. (City Council)
Recommendation: It is recommended that the City Council:
1. Approve an agreement with Kaizen Software Services for the implementation of a comprehensive recreation and reservations management solution for Bell Community Services Department programs, services and facilities; and
2. Authorize the City Manager or designee to execute any necessary documents to
Minutes of the Meeting of the
Bell City Council and Related Agencies
March 26, 2025
facilitate the agreement and system implementation.
Community Service Director Janine Andrade provided a report on the item.
Kaizen Software Services Representative Will Harrison provided additional information.
Brief discussion ensued amongst the council.
It was moved by Councilmember Romero to approve agenda item no. 3, as recommended. Motion was seconded by Vice-Mayor Arroyo which carried with the following roll call vote:
Roll Call: 3-0-0-2
AYES: Councilmember Romero, Vice-Mayor Arroyo and Mayor Saleh NOES: None
ABSTAIN: None
ABSENT: Councilmembers Flores and Quintana
Motion Passed.
4. Resolution Adopting the City of Bell’s Urban Forest Management Plan (City Council)
Recommendation: It is recommended that the City Council adopt the City of Bell’s Urban Forest Management Plan and read by title only, waive further reading and adopt Resolution 2025-14 titled:
A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF BELL,
CALIFORNIA ADOPTING THE CITY’S URBAN FOREST
MANAGEMENT PLAN
Councilmember Quintana arrived at 8:20 p.m.
Interim Public Works Director John Oskoui provided a report on the item.
Brief discussion ensued amongst the council and staff.
City Attorney Dave Aleshire read the title of the resolution.
It was moved by Councilmember Romero to approve agenda item no. 4, as recommended. Motion was seconded by Vice-Mayor Arroyo which carried with the following roll call vote:
Roll Call: 4-0-0-1
AYES: Councilmembers Quintana, Romero, Vice-Mayor Arroyo and Mayor Saleh NOES: None
ABSTAIN: None
ABSENT: Councilmember Flores
Motion Passed.
5. Pavement Management Program Update - Award of Contract (City Council)
Recommendation: It is recommended that the City Council:
Minutes of the Meeting of the
Bell City Council and Related Agencies
March 26, 2025
1. Award a contract to Bucknam Infrastructure Group, Inc. in the amount of $31,300 for the Pavement Management Program Update.
2. Authorize the City Manager to execute contract amendments to the project in a total amount not to exceed $3,131 (ten percent of the proposed amount) for any necessary additional work.
Interim Public Works Director John Oskoui provided a report on the item.
Brief discussion ensued amongst the council and staff.
It was moved by Councilmember Quintana 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 Quintana, Romero, Vice-Mayor Arroyo and Mayor Saleh NOES: None
ABSTAIN: None
ABSENT: Councilmember Flores
Motion Passed.
6. Consideration of an Agreement with Witt O’Brian’s, LLC, for Local Hazardous Mitigation Plan (LHMP) Services. (City Council)
Recommendation: It is recommended that the City Council approve a New Agreement with Witt O’Brian’s, LLC, for Local Hazardous Mitigation Plan (LHMP) Services in the amount not-to-exceed $86,520.50
Assistant to the City Manager Javier Ochiqui provided a report on the item.
Brief discussion ensued amongst the council and staff.
It was moved by Vice-Mayor Arroyo to approve agenda item no. 6, as recommended. Motion was seconded by Councilmember Romero which carried with the following roll call vote:
Roll Call: 4-0-0-1
AYES: Councilmembers Quintana, Romero, Vice-Mayor Arroyo and Mayor Saleh NOES: None
ABSTAIN: None
ABSENT: Councilmember Flores
Motion Passed.
7. Recommendation to Enter into A Professional Services Agreement with Elevate Public Affairs for Public Relations Services (City Council/Bell Community Housing Authority)
Recommendation: It is recommended that the Chair and Members of the Board read by title only, waive further reading and adopt Resolution 2025-16 titled:
A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF BELL
AUTHORIZING FY 2024 -2025 BUDGET AMENDMENT TO TRANSFER
$180,000 FROM THE BELL COMMUNITY HOUSING AUTHORUTY
Minutes of the Meeting of the
Bell City Council and Related Agencies
March 26, 2025
(BCHA) FUND BALANCE RESERVE TO THE BCHA ACCOUNT AND
APPROVE AN AGREEMENT WITH ELEVATE PUBLIC AFFAIRS FOR
PUBLIC RELATIONS SERVICES
Community Development Director Manuel Acosta provided a report on the item.
Brief discussion ensued amongst the council and staff.
City Attorney Dave Aleshire read the title of the resolution.
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 Quintana, Romero, Vice-Mayor Arroyo and Mayor Saleh NOES: None
ABSTAIN: None
ABSENT: Councilmember Flores
Motion Passed.
8. Approve a Resolution of the City Council of the City of Bell Authorizing a FY 2024- 2025 Budget Amendment to transfer $116,800 from the Bell Community Housing Authority (BCHA) Fund Balance Reserve to the BCHA Account and Approve a Professional Services Agreement with TRANSYSTEMS Company for a Closure Impact Report . (City Council/Bell Community Housing Authority)
Recommendation: It is recommended that the Chair and Members of the Board:
1. A pprove the proposals from Overland, Pacific & Cutler, LLC (OPC), a TranSystems company, to provide consulting services for the preparation of Closure Impact Reports (CIR) for the following APN’s:
2. APNs: 6226-005-900-903, 6226-006-900, 6226-006-901, 6226- 006-902, and 6226-006-903
3. APN: 6327-002-900, 901
2. Read by title only, waive further reading and adopt Resolution 2025-17 titled:
A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF BELL
AUTHORIZING FY 2024 -2025 BUDGET AMENDMENT TO TRANSFER
$116,800 FROM THE BELL COMMUNITY HOUSING AUTHORITY
(BCHA) FUND BALANCE RESERVE TO THE BCHA ACCOUNT AND
APPROVE A PROFESSIONAL SERVICES AGREEMENT WITH
TRANSYSTEMS COMPANY FOR A CLOSURE IMPACT REPORT
Community Development Director Manuel Acosta provided a report on the item.
City Attorney Dave Aleshire read the title of the resolution.
Minutes of the Meeting of the
Bell City Council and Related Agencies
March 26, 2025
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 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
Motion Passed.
9. Approval of a Professional Services Agreement for Appraisal Services for the following APNs: 6327-002-900, 901, 6226-005-900-903, 6226-006-900, 6226-006-901, 6226-006- 902, and 6226-006-903.
(City Council/Bell Community Housing Authority)
Recommendation: It is recommended that the Chair and Members of the Board read by title only, waive further reading, and adopt Resolution No. 2025-15 titled:
A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF BELL
AUTHORIZING FY 2024 -25 BUDGET AMENDMENT TO
TRANSFER $199,500 FROM THE BELL COMMUNITY HOUSING
AUTHORUTY (BCHA) FUND BALANCE RESERVE TO THE
BCHA ACCOUNT AND APPROVE AN AGREEMENT WITH
NETZER & ASSOCIATES FO R APPRAISAL SERVICES FOR
APNS: 6327 -002-900, 901, 6226- 005-900-903, 6226- 006-900, 6226-006-901, 6226-006-902, and 6226-006-903
C
ommunity Development Director Manuel Acosta provided a report on the item.
Brief discussion ensued amongst the council and staff.
City Attorney Dave Aleshire read the title of the resolution.
It was moved by Councilmember Romero to approve agenda item no. 9, 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
Motion Passed.
Consent Calendar
The following Consent Calendar items are expected to be routine and non- controversial. They are acted upon by the City Council and related authorities at one time without discussion. The reading of the full text of ordinances and resolutions will be waived unless a Councilmember requests otherwise.
It was moved by Vice-Mayor Arroyo to approve agenda items 10 through 12 (except for item 11.
This item was pulled by Councilmember Quintana). Motion was seconded by Councilmember
Minutes of the Meeting of the
Bell City Council and Related Agencies
March 26, 2025
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.
Recommendation: Approve agenda items 10 through 12.
10. Donation Report for the months of December 2024 - February 2025 (City Council)
11. Minutes for the Regular City Council Meetings of March 12, 2025. (City Council)
Councilmember Quintana requested that the missing times on pg. 1 and 5 be provided and brought back to the next council meeting.
City Clerk Angela Bustamante stated the minutes would be brought back to the next council meeting with the corrections.
12. General Warrants, Successor Agency to the Bell Community Redevelopment Agency and Community Housing Authority Warrants of March 26, 2025. (Council/Successor Agency to the Bell Community Redevelopment Agency/Bell Community Housing Authority).
Pending Items – None
Next Regular Meeting Wednesday, April 9, 2025
Mayor Saleh adjourned the meeting at 9:08 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 April 9, 2025.
________________________________
Angela Bustamante, City Clerk
Ali Saleh, Mayor