12 $400.00
$4,800.00
14 Maintenance of North and South Florence
Avenue Slope in accordance with SOS on
12 $300.00
$3,600.00
Medians and Bulb-out-Planters
15 Maintenance of Florence Avenue Median in
accordance with SOS on Page 17 of RFP
12 $150.00
$1,800.00
16 Maintenance of Florence Avenue Bulb-Out
Planters in accordance with SOS on Page 17
of RFP
12 $150.00
$1,800.00
17 Maintenance of Atlantic Avenue Medians in
accordance with SOS on Page 18 of RFP
12 $400.00
$4,800.00
18 Maintenance of Bandini Avenue Medians in
accordance with SOS on Page 18 of RFP
12 $400.00
$4,800.00
19 Maintenance of Eastern Avenue Medians in
accordance with SOS on Page 19 of RFP
12 $200.00
$2,400.00
Railroad ROW
20 Maintenance of Randolph Street Burlington
Northern and Santa Fe Railway Right-of-Away
in accordance with SOS on Page 16 of RFP
12 $500.00
$6,000.00
21 Maintenance of Salt Lake Avenue Union
Pacific Right-of-Away in accordance with SOS
on Page 16 of RFP
12 $850.00
$10,200.00
Reports and Schedules
22 Submission of reports in accordance with SOS
on Page 20 of RFP
12 $100.00
$1,200.00
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ATTACHMENT 1
C-3
01135.0006 2013054.2
EXTRA WORK UNIT COST SHEET
Note
• Rates include payroll burden, insurance, basic equipment, and standard travel.
Extra Work Description Unit Unit Price
Supervisor (labor only) Hourly $35.00
Landscape Maintenance Foreman (labor only) Hourly $30.00 Landscape Maintenance Laborer (labor only) Hourly $27.00 Irrigation Technician (labor only) Hourly $30.00
Pest Control Applicator (labor only) Hourly $30.00
Inclement Weather Crew (includes vehicle and
equipment)
Hourly $120.00
Emergency After Hours Stand-by Laborer Hourly $50.00
1-gallon shrubs Each $20.00
5-gallon shrubs Each $40.00
15-gallon shrubs Each $120.00
New Sod Installation Square Foot $2.50
Existing Sod Removal/Replacement Square Foot $3.00
Re-seeding Square Foot $1.00
Overseeding Square Foot $5.00
Ground Cover Flat $50.00
Annual Color Flat $70.00
Decomposed Granite Maintenance (scarify 4”
deep, add granite and binder, level, rake,
compact)
Square Foot $5.00
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ATTACHMENT 1
D-1
01135.0006 2013054.2
EXHIBIT “D”
SCHEDULE OF PERFORMANCE
I. Contractor shall perform all Services in accordance with the procedures set forth in this Agreement.
II. Unless earlier terminated in accordance with Article 7 of this Agreement, this Agreement shall continue in full force and effect for three (3) years from the date hereof (the “Term”).
The City Council may, in its sole absolute discretion, extend the Term by two (2) one -year extensions so long as funds have been appropriated for the Services under this Agreement.
III. The Contract Officer may approve extensions for performance of the services in accordance with Section 3.2.
220
ATTACHMENT 1
01135.0006 2013054.2
NOTICE OF AWARD
TO: SLA INCORPORATED FOR MAINTENANCE PROGRAM:
___________________________________________
Public Works Division
Your Bidder's Proposal dated , is accepted for the total contract
price of $ .
You are required by the "SECTION IV REQUIRED POST RFP DOCUMENTS" to execute the documents specified within ten (10) days from the date of mailing this Notice. Please sign one copy of the Notice of Award upon receipt and return.
RECEIVED:
CONTRACTOR THE CITY OF BELL
By: By:
Kenneth Jones
Public Works Manager
(Title)
(Date) (Date)
N-1
June 4, 2025
131,040
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ATTACHMENT 1
01135.0006 2013054.2
NOTICE TO PROCEED
TO: SLA INCORPORATED DATE:
From: Kenneth Jones
Public Works Manager, City of Bell
Notice is hereby given that you are authorized and directed to proceed with the following project in accordance with the contract documents:
Citywide Landscape Maintenance Services
Public Works Department Services Division
These documents have been received and are on file with the City Clerk of the City of Bell:
DOCUMENT:
The Agreement Fully Executed ( )
Workers' Compensation Insurance Certificate ( )
Liability Insurance Policy or Certificate ( )
Insurance Forms ( )
The Contract Time shall commence on the date of issuance of the City’s written Notice to Proceed.
Work shall commence within five (5) calendar days from the date of this Notice to Proceed and is to be completed within _______________. Annual work shall be completed within the time allocated based on the work to be performed.
Kenneth Jones
Public Works Manager
N-2
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C
CITY OF BELL
6330 Pine Ave.
Bell, CA 90201
REQUEST FOR PROPOSALS
MUST BE SUBMITTED BY:
Wednesday, June 4, 2025 at 3:00 P.M.
Date/Time
PW25-003
RFP Number
COVER PAGE
The City of Bell, hereinafter referred to as “City” is seeking proposals from qualified firms, hereinafter referred to as “Proposers” to establish a contract for:
_____Citywide Landscape Maintenance Services_____
Work provided shall be in accordance with the Scope of Services requirements attached hereto and incorporated herein by this reference as Section I (C).
All proposals must be submitted online via OpenGov at:
https://procurement.opengov.com/portal/cityofbell
City will reject proposals submitted other than through OpenGov.
Electronic Proposals are due on or before the date and time specified above.
Proposers are not to contact any City personnel with any questions or clarifications concerning this RFP. All official communication concerning this RFP will be through OpenGov – RFP# PW25- 003. Any City response relevant to this RFP other than through OpenGov is unauthorized and will be considered invalid.
PROPOSALS WILL BE VALID FOR 120 DAYS AFTER CLOSING DATE I have read and understand and agree to the terms and conditions herewith, and I am submitting a Proposal in response to this solicitation.
Date: Company Name: _ _
*Authorized Signature Name Title
*Authorized Signature Name Title
*If a corporation, the document must be signed by two corporate officers. The first signature must be either the Chairman of the Board, President, or Vice President. The second signature must be either the Secretary, an Assistant Secretary, Chief Financial Officer, or Assistant Treasurer. In the alternative, a single corporate signature is acceptable when accompanied by a corporate resolution demonstrating the legal authority of the signatory to bind the corporation.
RETURN THIS COVER PAGE WITH YOUR PROPOSAL
LATE PROPOSALS WILL NOT BE ACCEPTED
6/3/2025 SLA
Jessie Salazar President
Attachment 2
223
LANDSCAPE MAINTENANCE
SERVICES PROPOSAL
REQUEST FOR PROPOSAL LANDSCAPE MAINTENANCE
SERVICES
Submitted to: City of Bell
Submitted by: SLA
License #1000327
6750 Foster Bridge Blvd, Unit G
Bell Gardens, CA 90201
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INTRODUCTION
SLA is proud to submit this proposal for Landscape Maintenance Services for the City of Bell. As a mission-driven social enterprise rooted in the heart of Southeast Los Angeles, SLA is more than a landscape provider—we are a catalyst for social and environmental change, a partner in community growth and workforce development, deeply invested in the neighborhoods we serve.
SLA delivers top-tier, professional landscaping services while advancing equity and opportunity through our workforce development model. We specialize in transforming public spaces while simultaneously transforming lives—by equipping individuals facing systemic barriers to employment with industry-recognized training, certifications, and real-world experience through our state-certified pre- apprenticeship program.
Our model creates a unique triple impact: beautiful, well-maintained green spaces; inclusive economic opportunity; and long-term environmental sustainability. We have successfully partnered with cities, public agencies, and nonprofits to enhance dozens of parks, medians, and open spaces across the region. Every project we undertake is anchored in quality, driven by purpose, and designed to empower communities from the ground up.
SLA stands ready to bring this holistic, community-centered approach to the City of Bell—delivering reliable landscape services that not only maintain your public spaces but also nurture the people and places that define your city.
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LETTER OF TRANSMITTAL
6750 Foster Bridge Blvd, Unit G
Bell, CA 90201
(310) 529-2291
[email protected]
June 4, 2025
Kenneth Jones
Public Works Manager
City of Bell
6330 Pine Avenue
Bell, CA 90201
RE: Proposal for Landscape Maintenance Services
Dear Mr. Jones,
On behalf of SLA, I’m pleased to submit our proposal for Landscape Maintenance Services for the City of Bell. SLA is a licensed contractor (License #1000327) and a mission-driven social enterprise based in Bell, California. I, Jessie Salazar, will serve as the main contact during this process and can be reached at (310) 529-2291 or [email protected].
SLA combines professional landscape maintenance with local workforce development, providing high-quality service while training and employing residents through union-aligned pre-apprenticeships. Our experienced, unionized team is committed to delivering results with pride and precision.
We accept all terms and conditions outlined in the RFP and Contract Services Agreement without exception, acknowledge receipt of all addenda, and confirm that our proposal will remain valid for at least 120 days. All information submitted is true and correct.
Thank you for your consideration.
Sincerely,
Jessie Salazar
President, SLA
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TECHNICAL PROPOSAL
1. Qualifications of the Company
a. Company Profile
SLA is a licensed landscape and tree contractor (License #1000327) and certified nonprofit social enterprise based in Bell Gardens, California. Our office and operations yard are located at 6750 Foster Bridge Blvd, Unit G, Bell Gardens, CA 90201, from where we manage all administrative, equipment, and field deployment functions.
SLA’s mission is to deliver high-quality landscape maintenance services while empowering individuals from disadvantaged backgrounds through union-supported workforce development. Our organization is unique in that it operates both as a landscape contractor and a certified pre-apprenticeship program, providing hands-on field experience and job placement into state-recognized apprenticeships with Laborers Local 300 and 345.
We maintain a full fleet of electric and gas-powered landscape maintenance equipment, all owned and stored on-site at our Bell Gardens facility. Our inventory includes:
● Commercial mowers (ride-on and push)
● Trimmers, edgers, and blowers
● Irrigation diagnostics and repair tools
● Water trucks for deep root watering
● Power washers, dethatchers, and soil aerators
SLA employs a full-time, unionized workforce of 25+ field and supervisory staff, including certified irrigation technicians, superintendents, pest control applicators, and safety officers. Our leadership team brings over 20 years of combined experience managing multi-site landscape contracts for cities, school districts, and public agencies.
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Over the past three years, SLA has successfully maintained over 30 acres of civic and educational landscapes, including city parks, street medians, athletic fields, and bioswales. We specialize in adaptive maintenance strategies, drought-tolerant plant care, irrigation audits, and environmental compliance.
b. Litigation and Contract History
SLA affirms the following:
● No convictions or indictments of the firm or any officer involving fraud, bribery, collusion, conspiracy, or antitrust violations have occurred within the past three years.
● No federal, state, or local adjudications have found SLA or any officer in violation of equal opportunity or fair employment laws.
● SLA has not been terminated from any contract for cause or convenience in its operating history.
● SLA certifies that it has not been disciplined by any government body as a licensed contractor within the last five (5) years.
SLA remains in good standing with all regulatory agencies, unions, and licensing boards and has a strong record of performance on public-sector contracts.
c. Project References
Below are four recent and relevant clients for whom SLA has provided landscape maintenance services:
1. City of Maywood
○ Scope: Full citywide maintenance (parks, medians, municipal buildings)
○ Duration: 2016 – 2020
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○ Contact:
Jennifer Vasquez, Public Works Director
Email: [email protected]
Phone: (323) 562-5700
2. Los Angeles Neighborhood Land Trust
○ Scope: Maintenance of community parks, gardens, and bioswales across LA County (16 Public Parks)
○ Duration: 2019 – Present
○ Contact:
Tori Kjer, Executive Director
Email: [email protected]
Phone: (213) 572-0188
3. TreePeople
○ Scope: School greening (over 14 schools), urban tree care, and public right-of-way maintenance
○ Duration: 2020 – Present
○ Contact:
David Pineda, Urban Forestry Projects Manager
Email: [email protected]
Phone: (818) 623-4856
4. Lynwood Unified School District
○ Scope: Landscape maintenance and greening at 10+ campuses
○ Duration: 2021 – Present
○ Contact:
Dr. Gudiel Crosthwaite, Superintendent
Email: [email protected]
Phone: (310) 886-1600
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WHY SLA?
Local Hire. Union Strong. Mission-Driven.
● All SLA staff are unionized and represented through Laborers Local 300 and Local 345.
● We’re the region’s only landscape maintenance provider that also serves as a workforce development program—every project we take on helps individuals build better futures.
● We employ from the neighborhoods we serve, prioritizing Bell and nearby Southeast LA communities.
● Over 40 school greening projects completed across LA County in the last 3 years.
● Over 500,000 square feet of asphalt removed and replaced with natural, green areas that include trees, shade structures, pollinator plants, and irrigation.
● Proven expertise in maintaining high-impact public spaces—including civic buildings, medians, parks, synthetic and natural turf fields, and vibrant streetscapes that serve entire communities.
● Would you like it to sound even more assertive or more community-focused? ● Extensive knowledge of adaptive maintenance schedules, drought- tolerant species care, and rainwater capture strategies. ● We use eco-friendly, water-saving methods, and have deep expertise in irrigation system installation, moisture sensors, controller calibration, and seasonal adjustments.
● SLA is committed to public safety, following all OSHA, EPA, CAMUTCD, and CAL-OSHA guidelines for operations and traffic control.
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WORKFORCE DEVELOPMENT
SLA is a certified pre-apprenticeship program that has supported over 120 individuals facing barriers to employment—including formerly incarcerated individuals—on their journey to becoming union apprentices with Laborers Local 345 and Local 300. We believe in second chances and are committed to creating clear, supported pathways to long-term, meaningful careers in the skilled trades.
SLA proudly recruits and trains individuals who face systemic barriers to employment, including young adults, justice-impacted individuals, single parents, and residents of historically underserved and disadvantaged communities.
ALL SLA WORKERS RECEIVE:
● Paid pre-apprenticeship training
● OSHA 30 Certification
● Hunter University Irrigation Training Certification
● CPR/First Aid Certification
● Safety and Equipment Use Workshops
● Full Union Benefits Package (401k, PTO, Health, etc.) ● Experience in lawn maintenance, irrigation, sports field upkeep, tree care, plant identification, pruning techniques, and soil health monitoring ● Guaranteed union sponsorship to state-approved apprenticeships with Local 300 or 345
Graduates of our program are hired directly into our union maintenance team or referred to union contractors across the region. All of our partnerships with SLA directly support career advancement, local employment, and inclusive hiring.
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EXPERIENCE
Landscape Maintenance
● City of Maywood (2016–2020): Provided citywide landscape maintenance for all city facilities, including public parks, tree medians, building grounds, and pedestrian pathways. Services included weekly mowing, irrigation diagnostics, seasonal plant replacement, weed control, and green waste reporting.
● Los Angeles Neighborhood Land Trust (2019–2024): Maintained all LAT community parks in underserved neighborhoods across LA County. This included community gardens, bioswales, pollinator gardens, and native plant corridors. Provided full-service maintenance including volunteer event prep, irrigation tune-ups, soil health restoration, and compliance documentation.
● Lynwood Unified School District: A total of 15 school campuses are currently scheduled for full greening through multiple grant-funded programs (CAL FIRE, ReLeaf, Inflation Reduction Act). These projects include full demolition of asphalt, custom irrigation installations, planting of native trees and shrubs, soil remediation, and the creation of vibrant green schoolyards that promote student wellness, heat reduction, and biodiversity.
Landscape Maintenance
• TreePeople: SLA has been a trusted partner of TreePeople for several years, delivering large-scale tree planting and school greening initiatives across Southeast Los Angeles. Through this partnership, SLA has successfully planted over 1,000 trees in cities such as Bell, South Gate, Lynwood, and Cudahy. These projects were part of TreePeople’s Urban Forestry and Climate Resilience efforts, targeting communities with limited green infrastructure to improve public health outcomes, reduce heat island effects, and enhance walkability.
• In addition, SLA was hired by TreePeople to green over 10 public school campuses throughout Los Angeles. Our scope of work for these projects included the full transformation of asphalt-dominant schoolyards into nature-based environments. This work involved demolition, irrigation installation, soil remediation, planting of drought-tolerant and native vegetation, and ongoing maintenance. Each of these projects incorporated 232
community engagement, educational programming, and volunteer coordination to build school ownership and long-term stewardship.
• Conservation Corps of Long Beach: SLA was hired as a subcontractor to support ongoing public site landscape maintenance in collaboration with the Conservation Corps of Long Beach. Our crews provided professional services across multiple park and community sites throughout the City of Long Beach. This included turf and shrub maintenance, bi-weekly mowing and edging, irrigation diagnostics and repair, hardscape cleaning, weed abatement, seasonal color installations, and green waste hauling. These efforts contributed to improved park usability, higher community satisfaction, and increased environmental performance of these public green spaces. Additionally, SLA worked closely with Corps participants to support job training and offer mentorship pathways to state-approved union apprenticeships.
School Greening & Maintenance
● Los Angeles Unified School District (LAUSD): Completed over 40 full school greening projects, many in high-need areas. Work includes:
○ Full-scale landscape conversions from asphalt to green space ○ Lawn renovation and reseeding programs
○ Tree planting and staking (with over 2,500 trees planted and maintained)
○ Integrated pest management plans
○ Bioswale installations and rainwater capture
○ Long-term maintenance plans coordinated with school site staff ● SLA’s work on LAUSD campuses meets all LAUSD OAR, DSA, and labor compliance protocols. We also conduct educational events, student workshops, and teacher engagement training.
● Total of 40+ school campuses across LA County transformed into green learning environments.
Technical Highlights
● Over 500,000 square feet of asphalt removed and replaced with native planting and irrigation.
● Over 2,500 trees were planted and maintained with species including coast live oak, western redbud, and toyon.
● Over 30 acres of landscape under irrigation management. 233
● Adaptive turf and sports field maintenance, including dethatching, overseeding, infield drag, topdressing, and mowing schedules customized by grass species.
● Ongoing collaboration with TreePeople, CAL FIRE, California ReLeaf, LAUSD, and numerous cities.
KEY PERSONNEL
Jessie Salazar — Founder & President
Licensed Landscape Contractor & Tree Contractor (#1000327) B.S. in Landscape Architecture, Cal Poly San Luis Obispo 10+ years managing large-scale municipal and school landscape projects. Specialist in community-driven design, public sector project management, and labor compliance.
Abel Salazar — Account Manager / Irrigation Technician
Certified in Hunter University Irrigation Systems
Expert in ET-based controllers, PVC troubleshooting, and low-pressure diagnostics.
Coordinates site maintenance timelines and quality assurance.
Sergio Saldana — Superintendent
Project leader overseeing daily field ops. Expert in athletic field maintenance and large team coordination. Works closely with cities, school districts, and subcontractors.
Erin Canales — Assistant Superintendent
UC Berkeley-trained designer with a focus on sustainable schoolyard greening.
Manages staging, implementation, and plant selection in collaboration with project partners.
Oscar Perez — Lead Crew Member
Union apprentice (Local 345) and SLA graduate. Specializes in tree pruning, shrub care, mowing operations, and irrigation retrofits.
Jose Guzman, Edgar Gonzalez, Ernesto Marroquin, Armando Lopez — Laborers (Local 300 & 345)
Trained and certified team with combined decades of experience. Skilled in safety practices, daily site maintenance, and stormwater-friendly landscape care.
Manuel Figueroa — Workforce Supervisor
Coordinates jobsite mentoring, performance tracking, and pre-apprenticeship alignment. Ensures SLA participants gain valuable hands-on experience and graduate career-ready.
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Additional Support Team:
● Certified Pest Control Applicators
● Irrigation Installers & Maintenance Technicians
● Sports Turf Maintenance Crew
● Tree Planting Specialists
● Community Engagement & Workshop Coordinators
COMMITMENT TO BELL
We are based in Southeast LA, and our team lives in the very neighborhoods we serve. We know the climate, the plants, and the people. Our promise to Bell:
● Eco-friendly products: All fertilizers, weed controls, and pest management tools are EPA-certified and low-impact.
● Weekly irrigation checks: Includes valve inspections, controller programming, lateral and head alignment, pressure testing, and system flushing.
● Trash pickup & restroom service: Daily maintenance with detailed logbooks, graffiti removal, waste disposal, and restroom sanitization and restocking.
● Sports field management: Includes turf aeration, overseeding, topdressing, mound maintenance, infield drag and level, and field striping. ● Tree and shrub care: Pruning, pest inspection, fertilization, and replacement of dead or damaged plant material.
● Weed abatement and mowing: Weekly mowing of turf, trimming of edges, and safe herbicide application in hardscape areas.
● Debris and litter removal: Daily and weekly cleanup across medians, sidewalks, planters, tree wells, and parkways.
● Irrigation repair and retrofits: Rapid-response service for broken pipes, nozzles, or valves, as well as conversion to low-water systems where applicable.
● Hardscape and pathway cleaning: Sweeping, blowing, pressure washing, and hazard reporting.
● Public safety and traffic control: All SLA crews are trained in CAMUTCD protocols and use cones, signs, and protective gear.
● Emergency response: SLA offers 24-hour emergency contact for landscape- related hazards, flooding, vandalism, and public complaints. 235
● Seasonal color planting and mulch refresh: Rotation of flowering species, mulch reapplication, and soil amendment as needed. We know the climate, the plants, and the people. Our promise to Bell:
● Green products: All fertilizers, weed controls, and pest management tools are EPA-certified and low-impact.
● Detailed irrigation checks: Weekly inspections, controller programming, valve checks, and flow adjustments.
● Trash pickup & restroom service: Performed daily, with detailed logbooks and rapid-response protocols.
● Sports field management: We follow field-specific standards using Hilltopper mound clay, Angel Mix, and annual dethatching. ● Debris and litter removal: Performed daily and weekly across all medians, sidewalks, parks, and civic properties.
● Public safety: All staff are trained in traffic control and wear high-visibility uniforms and PPE. We comply with all CAMUTCD requirements.
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CLOSING STATEMENT
SLA is uniquely positioned to meet the City of Bell’s landscape maintenance needs. We bring together technical expertise, deep-rooted local knowledge, and a bold social mission. As a certified social enterprise, we go beyond traditional contracting—we transform public spaces while preparing the next generation of skilled workers through hands-on training and union apprenticeship pathways.
We understand that the landscape is more than just plants and trees—it’s a reflection of community values, civic pride, and long-term sustainability. Our approach ensures that every project delivers measurable impact both environmentally and socially.
Partnering with SLA means:
● High-quality, proactive landscape maintenance rooted in horticultural best practices
● A fully unionized workforce trained through our state-recognized pre- apprenticeship program
● Local job creation for residents facing barriers to employment and local unemployed workforce
● Environmental transformation of public spaces using sustainable maintenance practices
● Increased community pride and civic engagement through visible, revitalized spaces
● A more just and equitable economy where public investment directly benefits the local workforce
We are proud of our track record and look forward to the opportunity to bring our expertise, energy, and values to the City of Bell—delivering results that your residents can see, feel, and be proud of every day.
We look forward to the opportunity to serve Bell.
Contact:
Jessie Salazar, President
Email: [email protected]
Phone: 310 529-2291
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IMPACT BY THE NUMBERS
Figure 1: Landscape Maintenance Growth (2016–2024)
Landscape Maintenance Growth
Since 2016, SLA has experienced steady and strategic growth in its landscape maintenance operations. What began as a small-scale effort to maintain public green spaces has evolved into a full-scale division delivering professional, union- supported maintenance services across school districts, municipal corridors, and the community. Over this eight-year period, SLA has expanded its client base, diversified its service offerings, and strengthened its capacity to manage complex, multi-site contracts—while maintaining a strong focus on environmental stewardship, quality control, and workforce development. This growth reflects not only our technical capabilities, but also the trust we've built with public sector partners who value reliable service, local job creation, and sustainable community impact.
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PROPOSAL DECLARATION FOR LANDSCAPE MAINTENANCE SERVICES
PROPOSAL
We, the undersigned, hereby submit our proposal in response to the City of Bell’s Landscape Maintenance RFP and make the following declarations:
1. Insurance Requirements
We confirm that our organization meets all insurance requirements as outlined in the City’s Sample Professional Services Agreement, including General Liability, Automobile Liability, Workers’ Compensation, and any additional coverage required for this contract.
2. Traffic Control Compliance
We confirm that we will fully comply with all traffic control and public safety regulations in accordance with the California Manual on Uniform Traffic Control Devices (CAMUTCD), as well as all applicable City, State, and Federal requirements for median and roadway work.
3. Acknowledgement of Addenda
We acknowledge receipt and full understanding of Addenda 1, 2, 3 and 4 issued by the City of Bell pertaining to the Landscape Maintenance RFP 2025.
Our proposal has been prepared accordingly and includes all revisions or clarifications presented in these addenda.
4. Non-Collusion Declaration
Attached herewith is a signed Non-Collusion Declaration as required by the RFP.
We appreciate the opportunity to submit this proposal and look forward to the potential of serving the City of Bell.
Sincerely,
Jessie Salazar
President
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CIVIC ENGAGEMENT AND COMMUNITY
PARTNERSHIPS IN BELL
COMMUNITY BENEFITS
At SLA, our commitment to the Bell community extends far beyond the scope of any single contract. As a social enterprise rooted in Southeast Los Angeles, we believe that public landscape maintenance should generate public value—not only in the form of clean, healthy, and safe outdoor spaces, but also through direct community investment and long-term partnerships.
Whether or not we are awarded this contract, SLA will continue to serve as an active and engaged partner to the City of Bell.
This includes:
● Providing ongoing sponsorships to local civic organizations, events, and initiatives that strengthen the social fabric of the Southeast LA community, such as the SELA Kiwanis, Kiwanis Taste of SELA and the Eddie Cochran Memorial Car Show.
● Identifying and supporting greening grants and funding opportunities that can benefit the City of Bell, including state and federal resources for urban forestry, and park revitalization.
● Collaborating with schools and nonprofits to promote environmental education and hands-on stewardship through tree planting events, clean-up days, and youth engagement programs.
● Offering career pathway opportunities to local residents, particularly youth and individuals with barriers to employment, through SLA’s pre- apprenticeship training model and union partnerships.
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ARBOR WEEK GRANT & TREE PLANTING INITIATIVE
In collaboration with the City of Bell Gardens, SLA was awarded a grant to plant 10 trees and lead an Arbor Week celebration. The event united community members in a shared effort to promote environmental education and foster hands-on stewardship of local green spaces.
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SELA KIWANIS BANQUET SPONSORSHIP- GOLD SPONSOR
As a Gold Sponsor of the SELA Kiwanis Annual Banquet—SLA was honored to take part in celebrating leadership, service, and community impact. Our sponsorship reflects our unwavering commitment to supporting civic initiatives and recognizing individuals and organizations that create lasting, positive change throughout Southeast Los Angeles.
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LANDSCAPE MAINTENANCE ASSESSMENT REPORT: CURRENT CONDITIONS OF
BELL STREETSCAPE
PREPARED BY: SLA
DATE: MAY 2025
OVERVIEW
This assessment provides a critical analysis of the current condition of landscaped medians and parkways in the City of Bell. The findings are based on a series of photographs documenting several key areas along high-traffic corridors. The analysis includes horticultural, irrigation, and safety-related observations. The intent is to identify maintenance deficiencies and areas of improvement in order to provide a higher standard of urban landscape care.
LOCATION AREAS ASSESSED:
● Street medians
● Public Parks
● Parkways
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SUMMARY OF MAINTENANCE DEFICIENCIES
1. Lack of Irrigation
○ Lack of irrigation coverage.
○ Plant decline and tree stress likely caused by drought conditions and inconsistent watering.
2. Weed Control
○ Presence of invasive and opportunistic weed species across multiple locations.
○ Suggests absence of pre-emergent herbicides and hand weeding.
3. Plant Health
○ Widespread signs of plant stress, decline, or death.
○ Tree trunks showing signs of disease or mechanical damage.
4. Visual Appearance
○ Highly neglected appearance of public-facing streetscapes. ○ Edging is misaligned and contributes to an unkempt look.
RECOMMENDATIONS
● Implement regular irrigation audits and install or repair existing systems
● Introduce consistent mulching, weed control, and soil amendment programs
● Establish routine pruning and tree health checks by certified arborists ● Redesign neglected areas with drought-tolerant, native plantings to reduce maintenance load
● Ensure ADA and pedestrian safety compliance in walkable landscape zones
● Incorporate community engagement and adopt-a-median programs to build civic pride
This report documents the urgent need for a revitalized approach to urban landscape maintenance in Bell. With appropriate investment and sustainable horticultural practices, these highly visible corridors can once again reflect the vitality and pride of the community.
End of Report
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SLA’S PROACTIVE MAINTENANCE-ONLY REVITALIZATION PLAN
APPROACH:
SLA will implement an intensive, high-impact landscape maintenance strategy focused on rapid transformation within a short timeframe. No new trees or plant materials will be introduced. The plan focuses on restoring and enhancing the health, safety, and visual appeal of existing elements using horticultural best practices—all at no additional cost to the City.
CONDENSED 4-WEEK IMPLEMENTATION SCHEDULE:
WEEK 1: INTENSIVE CLEAN-UP & SOIL REHABILITATION
● Citywide removal of all weeds using both mechanical edging and hand- pulling techniques.
● Soil cultivation with rotary tillers to loosen compaction. ● Regrade disturbed tree wells to improve water retention and eliminate tripping hazards.
● Apply on-site mulch (generated from green waste) to suppress weeds and retain moisture.
● Power-blow and sweep brick edges, curbs, and gutters.
WEEK 2: IRRIGATION INSPECTION & EMERGENCY REPAIRS
● Conduct full irrigation diagnostics in all zones.
● Replace broken risers and spray heads using stock parts. ● Flush lines, reset timers, and verify coverage through manual system testing. ● Cap damaged lines where restoration is not possible and make adjustments to prevent overspray.
WEEK 3: TREE AND PLANT CARE BLITZ
● ISA-certified crew will prune all low-hanging branches, deadwood, and suckers.
● Deep root water all trees using a water truck or probes. ● Apply organic anti-fungal and borer treatments to affected trunks. ● Secure exposed drip lines and ensure no open loops or hazards exist.
WEEK 4: AESTHETIC RESTORATION & SAFETY ASSURANCE
● Recompact and level soils around tree rings and walking paths. ● Reset, realign, and secure all displaced or sunken brick edging. ● Remove litter and green waste from all medians.
245
● Perform final walk-through with checklist to ensure compliance with visual standards and ADA safety.
ONGOING WEEKLY MAINTENANCE PLAN
● Trash and debris removal
● Weed control using hand-pulling and targeted spot spraying ● Weekly irrigation inspection and timer adjustment
● Biweekly tree health observation and mulch refreshing as needed ● Monthly deep root watering of high-stress trees
SUSTAINABILITY & WORKFORCE INTEGRATION
● All work performed using SLA’s electric, low-noise landscaping tools. ● Green waste diverted to composting or used as on-site mulch. ● Execution supported by SLA's pre-apprenticeship program, training local residents in professional landscape maintenance.
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To:
City of Bell
Public Works Department
6330 Pine Avenue
Bell, CA 90201
Subject: Statement of Intent to Furnish Performance Bond – RFP# PW25-003 Citywide Landscape Maintenance Services
To Whom It May Concern,
SLA, a licensed and insured landscape contractor (License #1000327), respectfully submits this Statement of Intent to confirm our understanding of and compliance with the bonding requirements outlined in RFP# PW25-003 for Citywide Landscape Maintenance Services.
We acknowledge that a Performance Bond may be required upon award of the contract. SLA hereby certifies that we have the financial capacity and active relationship with a licensed surety provider to obtain and furnish a Performance Bond in the amount required by the City of Bell.
Upon notice of intent to award, SLA will promptly coordinate with our surety to issue and deliver the Performance Bond as part of the final contracting process.
We appreciate the opportunity to submit our proposal and look forward to the possibility of serving the City of Bell. Please do not hesitate to contact us if further documentation or verification is needed.
Sincerely,
Jessie Salazar
President
SLA
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248
249
12 250
10 251
P-67
ADDENDA ACKNOWLEDGEMENT/SIGNATURE
This Proposal Response is submitted with respect to the changes to the Request for Proposal included in the following addenda numbers:
_____ _____ _____ _____ _____ _____ _____ 1 2 3 4 5 6 7
(Initial above all appropriate numbers)
By signing below, Proposer certifies that the information submitted in response to this Request for Proposal is true and correct. I also understand that failure to submit a completed Proposal response package (fully completed and executed) will result in rejection of Proposal.
Respectfully submitted,
Proposer Signature Date
Print Name / Title
Legal Name of Company Business Address (Actual Address – P. O. Box) Telephone Number Email Address
J.S
6/3/2025
Jessie Salazar
SLA
310 529 2291 [email protected]
6750 FOSTER BRIDGE BLVD, UNIT G, BELL GARDENS, CA 90201 252
P-68
CONFLICT OF INTEREST STATEMENT
Provide in this section a statement disclosing any past, ongoing or potential conflicts of interest that your firm, proposed staff, or any subcontractors may have as a result of performing this work.
If there is no conflict of interest then provide such statement in this section.
If there is a real or perceived conflict of interest that exists with the submission of a proposal, or would exist if the Proposer entered into an Agreement with the City of Bell in this proposal, full details should be provided in this section. Detail a plan to manage the conflict of interest.
Proposer Signature Date
Print Name / Title
Proposing Company Name
No conflict of interest.
Jessie Salazar/President
SLA
6/3/2025
253
P-69
ACKNOWLEDGEMENT OF INSURANCE REQUIREMENTS
I, ,the ________________________________ _
(Title)
of _____________________ , certify that the Insurance Requirements set forth in (Proposer’s Company Name)
the Proposed Agreement for RFP# ____________ – ________________________ has been read and understood. I certify that
’s
(Proposer’s Company Name)
insurance company(ies) ________________________________ __________ is/are able to provide the (Name(s) of insurance company(ies)
coverages specified.
Authorized Signature Date
*** End of Section II ***
PresidentJessie Salazar
SLA
PW25 003
SLA
Inszone Insurance Services, LLC
6/3/2025
254
C-1
EXHIBIT “C”
SCHEDULE OF COMPENSATION
CITYWIDE LANDSCAPE MAINTENANCE SERVICES
The following prices in the schedule of compensation is to remain fixed for the term of this Agreement. The following prices listed below must include all labor, equipment, fees of any kind, overhead, traffic control, fuel, materials, consumables, surcharges, disposal fees, and any other cost associated with and necessary for the Contractor to complete all landscape maintenance services requested within this RFP.
Item
No.
Description Months Price per
Month
Annual
Amount
City Facilities
1 Maintenance of Civic Center (City Hall/Police
Department/Bell Library/George Bell House in
accordance with SOS on Page 8 of RFP.
12 $ $
2 Maintenance of Bell Community Center in
accordance with SOS on Page 9 of RFP 12 $ $
City Parks
3 Maintenance of Treder Park in accordance
with SOS on Page 10 of RFP 12 $ $
4 Maintenance of Bell Technology Center/Futsal
Park in accordance with SOS on Page 10 of RFP 12 $ $
5 Maintenance of Ernest Debs Park in
accordance with SOS on Page 12 of RFP 12 $ $
6 Maintenance of Camp Little Bear Park in
accordance with SOS on Page 12 of RFP 12 $ $
7 Maintenance of Bianchi Park in accordance
with SOS on Page 13 of RFP 12 $ $
8 Maintenance of Veteran’s Memorial Park in
accordance with SOS on Page 13 of RFP 12 $ $
9 Maintenance of Pritchard Field Park in
accordance with SOS on Page 14 of RFP 12 $ $
City Parking Lot
10 Maintenance of Nueva Vista Parking Lot in
accordance with SOS on Page 11 of RFP 12 $ $
Traffic Islands
11 Maintenance of Otis Ave/Wilcox
Ave/Carmalita Ave Traffic Islands in
accordance with SOS on Page 15 of RFP
12 $ $
Slopes
12 Maintenance of River Drive Walkway Slope in
accordance with SOS on Page 16 of RFP 12 $ $
13 Maintenance of North and South Gage
Avenue Slope in accordance with SOS on
12 $ $
1,000
450
700
400
500
550
300
1,700
620
300
850
400
100
12,000
5,400
8,400
4,800
6,000
6,600
3,600
20,400
7,440
3,600
1,200
10,200
4,800
Attachment 3
255
C-2
14 Maintenance of North and South Florence
Avenue Slope in accordance with SOS on
12 $ $
Medians and Bulb-out-Planters
15 Maintenance of Florence Avenue Median in
accordance with SOS on Page 17 of RFP 12 $ $
16 Maintenance of Florence Avenue Bulb-Out
Planters in accordance with SOS on Page 17
of RFP
12 $ $
17 Maintenance of Atlantic Avenue Medians in
accordance with SOS on Page 18 of RFP 12 $ $
18 Maintenance of Bandini Avenue Medians in
accordance with SOS on Page 18 of RFP 12 $ $
19 Maintenance of Eastern Avenue Medians in
accordance with SOS on Page 19 of RFP 12 $ $
Railroad ROW
20 Maintenance of Randolph Street Burlington
Northern and Santa Fe Railway Right-of-Away
in accordance with SOS on Page 16 of RFP
12 $ $
21 Maintenance of Salt Lake Avenue Union
Pacific Right-of-Away in accordance with SOS
on Page 16 of RFP
12 $ $
Reports and Schedules
22 Submission of reports in accordance with SOS
on Page 20 of RFP 12 $ $
300
150
150
400
400
200
500
850
100
3,600
1,800
1,800
4,800
4,800
2,400
6,000
10,200
1,200
256
C-3
EXTRA WORK UNIT COST SHEET
Note
• Rates include payroll burden, insurance, basic equipment, and standard travel.
Extra Work Description Unit Unit Price
Supervisor (labor only) Hourly
Landscape Maintenance Foreman (labor only) Hourly
Landscape Maintenance Laborer (labor only) Hourly
Irrigation Technician (labor only) Hourly
Pest Control Applicator (labor only) Hourly
Inclement Weather Crew (includes vehicle and
equipment)
Hourly
Emergency After Hours Stand-by Laborer Hourly
1-gallon shrubs Each
5-gallon shrubs Each
15-gallon shrubs Each
New Sod Installation Square Foot
Existing Sod Removal/Replacement Square Foot
Re-seeding Square Foot
Overseeding Square Foot
Ground Cover Flat
Annual Color Flat
Decomposed Granite Maintenance (scarify 4”
deep, add granite and binder, level, rake,
compact)
Square Foot
$35
$30
$27
$30
$30
$120
$50
$20
$40
$120
$2.50
$3.00
$1
$5
$50
$70
$5
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AGENDA ITEM 7
DATE: June 25, 2025
TO: Mayor and Members of the City Council
FROM: John Oskoui, P.E., Interim Public Works Director Rey Alfonso, P.E., City Engineer
APPROVED Michael L. Antwine II (e-signature)
BY: ___________________________________
Michael L. Antwine II, City Manager
SUBJECT: Amended and Restated Joint Exercise of Powers Authority Agreement with Gateway Water Management Authority
RECOMMENDATION:
It is recommended that the City Counci l read by title only, waive further reading and adopt Resolution 2025-33 titled:
A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF BELL
APPROVING THE AMENDED AND RESTATED JOINT
EXERCISE OF POWERS AUTHORITY AGREEMENT, AS
PRESENTED
BACKGROUND:
The Gateway Water Management Authority was formed in 2007 to address water supply reliability, water quality, stormwater, and flood control in the Gateway Region of Los Angeles County. With a population of more than 2 million people, GWMA members have suc cessfully worked together to develop regional projects, and seek and receive local, state and/or federal funds to support those projects.
GWMA members are made up of Gateway cities and water agencies that represent distinctive hydrogeological, topographic, demographic, political, and economic elements. Membership in the GWMA has proven to successfully communicate the Gateway region’s needs with a single voice increasing opportunities for project and funding partners.
On April 10, 2025, GWMA staff presented the revised draft agreement to the GWMA Board, showing the incorporated members’ comments to the JPA Agreement. After discussion, the GWMA Board approved the Amended and Restated JPA Agreement by a super -majority vote which is presented herein.
On April 24, 2025, City staff received the Amended and Restated JPA Agreement that was approved by the GWMA Board.
City of Bell
Agenda Report
258
AGENDA ITEM 7
DISCUSSION:
Since its inception, GWMA’s membership has increased, and GWMA’s role has evolved significantly. Currently, membership has grown to 28 cities and water agencies. With that growth, GWMA has been able to respond to the changing water conditions and challenges in Southern California. In addition to developing regional projects and seeking grant funds to support them, GWMA continues its critical role as part of the Greater Los Angeles County Integrated Regional Water Management, ensuring that the Gateway region’s voice is always heard.
Further, GWMA’s added role since 2012 has been to facilitate and administratively support watershed stormwater compliance programs under the MS4 Permit for the Lower Los Angeles River, Lower San Gabriel River, Los Cerritos Channel and several other regional groups of cities working together to comply with the MS4 Permit for monitoring/reporting harbor stormwater flows.
In 2024, GWMA staff and legal counsel provided several updates regarding the proposed modifications to the JPA Agreement. These changes include board member terms and allowing for up to three alternates; updating the list of members cities/agencies; defining a super -majority vote for certain board actions; and no longer requiring a lead agency to be appointed to conduct the financial/contractual affairs of GWMA (which have been done in-house since 2014).
FISCAL IMPACT:
There will not be an impact on the General Fund. The City pays $7,500 for its Annual GWMA membership utilizing Proposition W funds.
The Annual dues will continue to be assessed and approved by a super -majority vote of the GWMA Board to support the ongoing work of the GWMA.
STRATEGIC PLAN 2023-25:
This agenda item aligns with the City of Bell 2023-25 Strategic Plan:
Target 3 - Elevating Quality of Life
Goal 5 - Maintain a clean City
Action Item: Assess existing in-house maintenance programs and contracts
ATTACHMENT:
1) Resolution 2025-33 Approving the Amended and Restated Joint Exercise of Powers Agreement for the Los Angeles Gateway Region Integrated Regional Water Management Authority
2) Amended and Restated Joint Exercise of Powers Agreement for the Los Angeles Gateway Region Integrated Regional Water Management Authority
259
Attachment 1
RESOLUTION NO. 2025-33
A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF BELL APPROVING
THE AMENDED AND RESTATED JOINT EXERCISE OF POWERS
AGREEMENT FOR THE LOS ANGELES GATEWAY REGION INTEGRATED
REGIONAL WATER MANAGEMENT AUTHORITY
WHEREAS, the City of Bell (City) is a local agency, as defined in the Integrated Regional Water Management Planning Act, California Water Code Section 10530, et seq. (“IRWMPA”) ; and
WHEREAS, the City is a permittee under Waste Discharge Requirements and National Pollutant Discharge Elimination System (NPDES) Permit for Municipal Separate Storm Sewer System (MS4) Discharges within the Coastal Watersheds of Los Angeles and Ventura Counties,” NPDES Permit No. CAS004004 (“MS4 Permit”), as amended from time to time by the California Regional Water Quality Control Board, Los Angeles Region; and
WHEREAS, the City is a “public agency,” as defined in the Joint Exercise of Powers Act, California Government Code Section 6500, et seq., and is authorized to enter into an agreement to exercise powers common to the member public agencies ; and
WHEREAS, the Los Angeles Gateway Region Integrated Regional Water Management Authority (“GWMA”) was established to operate as a “regional water management group,” as defined in and authorized by the IRWMPA, in order to (a) implement a regional water resources management plan that will protect and enhance regional water supplies, and to otherwise further the purposes of the IRWMPA, with respect to the Gateway Region and (b) perform other regional responsibilities for wa ter development and management; and
WHEREAS, through the GWMA, participating agencies also cooperate with each other to implement certain portions of the Watershed Management Programs and Coordinated Integrated Monitoring Programs, as those programs are described in the MS4 Permit, and to perform such other responsibilities for water quality ; and
WHEREAS, on April 10, 2025, the GWMA Board adopted, by a super -majority vote, a proposed amendment to the GWMA’s Joint Exercise of Powers Agreement (the “Amended and Restated Agreement”) to, among other things, update the purposes of the GWMA relating to the MS4 Permit and to make other changes intended to modernize the governance of the GWMA; and
WHEREAS, the proposed Amended and Restated Agreement will take effect upon adoption by a super- majority of the legislative bodies of the GWMA’s members ; and
WHEREAS, the City’s legislative body desires to continue participating in the GWMA and to adopt the Amended and Restated Agreement.
NOW, THEREFORE, THE CITY COUNCIL DOES HEREBY RESOLVE, DETERMINE AND ORDER AS FOLLOWS:
SECTION 1. The City Council hereby approves the “Amended and Restated Joint Exercise of Powers Agreement for the “Fifth Amended and Restated Joint Exercise of Powers Agreement for the Los Angeles Gateway Region Integrated Regional Water Management 260
Attachment 1
Authority,” attached hereto as Exhibit “A” to this Resolution.
SECTION 2. The City Council authorizes the Mayor or City Manager to execute the Amended and Restated Agreement approved in Section 1.
SECTION 3. The City Clerk shall attest to the passage of the Resolution, and it shall thereupon be in full force and effect.
PASSED, APPROVED AND ADOPTED this 25th day of June 2025.
__________________________________
Ali Saleh, Mayor
APPROVED AS TO FORM
_________________________
Dave Aleshire, City Attorney
CERTIFICATE OF ATTESTATION AND ORIGINALITY
I, Angela Bustamante, City Clerk of the City of Bell, hereby attest to and certify that the foregoing resolution is the original resolution adopted by the Bell City Council at its regular meeting held on the 25
th day of June 2025, by the following vote:
AYES:
NOES:
ABSENT:
ABSTAIN:
_________________________________
Angela Bustamante, City Clerk
261
12664-0001\3009909v6.doc
AMENDED AND RESTATED JOINT EXERCISE OF POWERS AGREEMENT FOR
THE LOS ANGELES GATEWAY REGION INTEGRATED REGIONAL WATER
MANAGEMENT AUTHORITY
THIS AMENDED AND RESTATED JOINT EXERCISE OF POWERS
AGREEMENT ( “Agreement” ), dated for reference as of April 10, 2025, is entered into by and between the Cities of Artesia, Bell, Bell Gardens, Bellflower, Cerritos, Commerce, Compton, Cudahy, Downey, Hawaiian Gardens, Huntington Park, La Mirada, Lakewood, Long Beach, Lynwood, Maywood, Montebello, Norwalk, Paramount, Pico Rivera, Santa Fe Sp rings, Signal Hill, South Gate, Vernon, and Whittier, the Central Basin Municipal Wa ter District, the Long Beach Public Utilities Department (acting through its Board of Public Utilities Commissioners) , and the Water Replenishment District of Southern California , all of which are public agencies and/or municipal corporations. Each of the foregoing are sometimes referred to herein as “Member”, or collectively as “Members.”
RECITALS
(i) In 2007, t he cities of Cerritos, Downey, Lakewood, Long Beach, Norwalk, Paramount, Santa Fe Springs, Signal Hill, and South Gate initially entered into a Joint Exercise of Powers Agreement (“Original Agreement”) and created the Los Angeles Gateway Region Integrated Regional Water Management Authority (“GWMA”) . Since its creation , additional Members, as listed above in the preamble, have been added to the GWMA pursuant to the provisions of the Original Agreement.
(ii) Each Member is a “public agency,” as defined in the Joint Exercise of Powers Act, California Government Code Section 6500, et seq., and all are authorized to enter into this Agreement in order to exercise powers common to these public agencies. (iii) This Agreement creates a public entity, separate from its Members, that is capable of carrying out the purposes of this Agreeme nt.
(iv) Each Member is a “local agency ,” as defined in the Integrated Regional W ater Management Planning Act, California Water Code Section 10530, et seq. (“IRWMPA” ). As of the effective date of this Agreement, all Members function within the County of Los Angeles. (v) It remains the intent of the Members in entering into this Agreement to operate as a “regional water management group,” as defined in and authorized by the IRWMPA, in order to (a) implement a regional water resources management plan that will protect and enhance regional water supplies, and to otherwise further the purposes of the IRWMPA, with respect to the Members’ jurisdictional areas (collectively, “Gateway Region” ) and (b) perform other regional responsibilities for water development and management, as described herein. (vi) All of the cities which are Members are permittees under the “Waste Discharge Requirements and National Pollutant Discharge Elimination System (NPDES) Permit for Municipal Separate Storm Sewer System (MS4) Discharges within the Coastal Watersheds of Los Angeles and Ventura Count ies,” NPDES Permit No. CAS004004 (“MS4 Permit”) , as amended from time to time by the California Regional Water Quality Control Board, Los Angeles Region.
ATTACHMENT 2
262
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(vii) The Members desire to amend and restate the Original Agreement in order to further state their intent to cooperate with each other to implement certain portions of the Watershed Management Programs and Coordinated Integrated Monitoring Programs, as those programs are described in the MS4 Permit, and to perform such other responsibilities for wate r quality, as described herein.
(viii) The Members acknowledge that the GWMA may contract and cooperate with other regional water management groups and agencies to develop, administer, update, and implement, an Integrated Water Management Plan for the Greater Los Angeles County area.
AGREEMENT
NOW, THEREFORE, in consideration of the promises, terms, conditions and covenants contained herein, the parties agree as follows:
1. Recitals Incorporated. The recitals set forth above, are hereby incorporated by reference and made a part of this Agreement.
2. Purposes. This Agreement is made pursuant to the provisions of the Joint Exercise of Powers Act, relating to the exercise of powers common to the Members. The purpose of this Agreement is to jointly exercise the powers set forth herein as to the Gateway Region, and, acting as a “regional water management group,” to jointly prepare , contract for the preparation and implementation of, and/or adopt a “regional plan” for the management of water resources, and for implementation and operation of “ qualified projects or programs,” and/or the preparation of “qualified reports and studies,” as those quoted terms are defined in the IRWMPA. In accordance with the IRWMPA, the regional water resources management plan may more specifically address any of the matters set forth and more fully described in California Water Code Section 10540(c) including, but not limited to, the following: ground water management planning; urban water management planning; the preparation of a water supply assessment; the planning, constructio n or modification of a flood management project; the planning, construction or modification of a water recycling project; the planning, construction or modification of a domestic wate r supply facility to meet safe drinking water standards; the planning, construction or modification of a drainage water management unit, and/or the implementation of a water conservation program. In addition, the purpose of this Agreement is to implement and from time to time revise certain portions of the Watershed Management Programs and Coordinated Integrated Monitoring Programs, as those programs are described in the MS4 Permit, that have been developed by the Members and to perform such other responsibilities to promote water qua lity within the Gateway Region. Notwithstanding the citation of specific legal authority for the foregoing, the Authority may exercise any other statutory authority which may now exist or be subsequently enacted to deal with ground water, storm water, water recharge, water recycling, water supply, water storage, water treatment, water drainage, water conservation or any related urban water management subject within the purview of local or regional water agencies and MS4 operators.
3. Establishment. Pursuant to the Joint Exercise of Powers Act, the Original Agreement established a Joint Powers Authority which is a regional water management group and a public entity separate from the parties to this Agreement. The name of the entity is the “Los Angeles Gateway Region Integrated Regional Water Management Authority ” and may be referred to as the “Gateway Water Management Authority .” The GWMA shall carry out its functions through a Governing Board, as described in this Agreement. 263
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4. Term of Agreement. This amended and restated Agreement is effective as of the latest date by which a super-majority of the Members, acting through their legislative bodies, adopt resolutions approving this amended and restated Agreement and thereafter having executed this Agreement, and shall continue in full force and effect for so long as no less than three (3) such Members remain, or until terminated by unanimous consent, provided that all liabilities of the GWMA have been satisfied and all assets of the GWMA have been distributed. A super- majority for purposes of this Section 4 shall mean the affirmative vote of tw o-thirds (2/3) of the Members.
5. Restriction on Exercise of Powers. Pursuant to and to the extent required by California Government Code Section 6509, the GWMA shall be restricted in the exercise of its powers to the same extent as the City of Long Beach is restricted in its exercise of powers hereunder; provided that, if the City of Long Beach ceases to be a Member, then the GWMA shall be restricted in its exercise of powers to the same extent as the City of Downey is restricted in its exercise of powers hereunder; in that the aforesaid cities are charter cities with statutory authority over a water supply.
6. Governing Board. The governing body of the GWMA is the Governing Board which is comprised of one representative from each Member, but such representative need not be a member of the legislative body of such public agency if approved by resolution of the legislative body of the Member. The Governing Board shall oversee the activities of the GWMA and shall act consistent with and in furtherance of the purposes of this Agreement and the GWMA. (a) Appointment. The legislative body of each of the Member shall appoint one member of the Governing Board and may appoint up to three alternate Board members. If neither the Governing Board member nor the Member’s alternate(s) can attend a scheduled meeting, one time per year the chief executive (e.g., city manager) or the assistant chief executive of such Member may designate in writing a representative for that meeting who may attend and participate in that meeting as if he or she was a Governing Board member.
(b) Term of Members. Each member and alternate member of the Governing Board serves until removed by the applicable Member’s legislative body . Board members and alternates may be removed at any time by the appointing Member’s legislative body. Vacancies shall be filled in the same manner as the original appointment. (c) Compensation. Governing Board members receive no compensation for attending required meetings.
(d) Voting. Each Governing Board member shall have one (1) vote. If a Board member cannot attend a meeting, the alternate attending shall be fully empowered to act as the Governing Board member for the meeting so attended. Actions taken by the Governing Board shall require a majority or super-majority vote as provided below in Section (e). (e) Quorum. A majority of the Governing Board must be present to constitute a quorum. No action will be valid unless it has received the affirmative vote of the majority of those Governing Board members present, except where a super-majority vote is specified. Where a super-majority vote is specified herein, it shall mean the affirmative vote of two-thirds (2/3) of the Governing Board members present.
(f) Responsibilities. The Governing Board will:
264
12664-0001\3009909v6.doc
(1) Determine general policy for GWMA activities.
(2) Act on behalf of all Members in adopting strategies to pursue the purposes of the GWMA and implement such strategies.
(3) Approve a budget to expend funds necessary to exercise the powers and achieve the purposes of the GWMA, as set forth in this Agreement, and as otherwise provided by law. A super -majority vote shall be required to adopt a budget or assess the contribution of costs or to purchase or long -term lease any real property. (4) Ensure that projects and programs that are undertaken are in the best interest of the residents served by the GWMA.
(5) Authorize expenditures of funds in accordance with budget and any purchasing procedures adopted by the Governing Board.
(6) Share costs equally among the Members, except as otherwise provided herein.
(7) Approve or deny applications from local public agencies for admission to the GWMA or expel a member from the GWMA.
(8) Adopt by -laws, rules and regulations governing operations of the GWMA.
(9) Appoint such ad hoc or standing committees of its Members as it may deem appropriate, all in uniformity with the Ralph M. Brown Act (Sections 54950 et seq.). (g) Meetings. The Governing Board shall conduct regular and special meetings in accordance with the Ralph M. Brown Act, commencing with California Government Code Section 54950, or any successor provision thereto. It shall hold at least one (1) regular meeting in each year and such additional meetings as may be necessary to accomplish the purposes sp ecified herein. Regular meetings shall be held at such location as the Governing Board may determine by Resolution. Minutes shall be kept of all meetings of the GWMA and shall be provided to the Members and made available to the public. Meetings shall be conducted in accordance with rules of procedure adopted by the Governing Board ( the most current edition of “ Roberts Rules of Order ” as of the effective date of this Agreement ).
Except as specifically provided elsewhere in this Agreement, any rule of procedure affecting the order of business may be suspended with the approval of a majority of Board members then voting.
7. Organization.
(a) Officers. The Governing Board shall ele ct a chair, a vice -chair, treasurer and/or such other officers as the Board shall find appropriate. The Governing Board shall also appoint a secretary, who need not be a member of the Governing Board. Each officer shall serve at the pleasure of the Governing Board. Upon approval by the Governing Board, all contracts, deeds and other official documents on behalf of the GWMA shall be executed by the Chair or the Executive Officer, and attested to by the Secretary and approved as to form by GWMA’s legal counsel or other appropriate officer.
265
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(b) Employees. The Governing Board may appoint an Executive Officer , controller, clerk, legal counsel or other employees as it deems appropriate and may establish the duties and compensation of such employees. The Governing Board may choose to utilize the services of employees of the Members by appointing a Lead Agency, as described below, and, if required, compensate the Member accordingly, or may directly appoint and employ its own staff.
If the GWMA directly employs employees, the Governing Board shall adopt a personnel system establishing rules and regulations comparable to the public sector generally. (c) Finances. The Governing Board shall appoint a qualified person to act as the Auditor, who need not be a member of the Governing Board. GWMA shall cause an independent annual audit of the GWMA’s finances to be made by a certified public accountant in compliance with California Government Code Section 6505. The Treasurer of the GWMA shall be the depositor and shall have custody of all money of the GWMA received from whatever source. The Auditor of the GWMA shall draw warrants to pay demands against the GWMA when the demands have been approved by the GWMA by its authorized representative pursuant to any delegation of authority by the GWMA. The Treasurer and Auditor shall comply strictly with the provisions of statutes relating to their duties, as set forth in the Joint Exercise of Powers Act. The Governing Board may transfer the responsibilities of Treasurer and /or Auditor to any person or entity as may then be authorized by law.
(d) Consultants. The GWMA is authorized to enter into contracts and pay consultants pursuant to the GWMA’s purchasing procedure to perform any work or activity it is empowered to perform hereunder, including the provision of professional, financial, legal, administrative, technical or other services. A consultant may be designated as an officer , including the Executive Officer, of the GWMA.
(e) Lead Agency. The Governing Board may, but is not required to, select from the Members, a Lead Agency for the GWMA. In such case, the Director of Finance of the Lead Agency shall be and act as the Treasurer and Auditor of the GWMA, pursuant to California Government Code Section 6505.6. Pursuant to California Government Code Section 6505.1, the Secretary and Treasurer shall have charge of the property of the GWMA and each shall file an official bond in the penal sum of Ten Thousand Dollars ($10,000.00) or such additional amount as the Governing Board may establish. If a lead agency is selected, by majority vote the Governing Board may change the Lead Agency at any time. In such event, the officers of the new Lead Agency shall serve as the respective officers of the GWMA. (f) Property of the GWMA. Pursuant to California Government Code Section 6505.6, the Governing Board may designate an officer or employee, or officers and employees, in addition to the Treasurer, to receive, deposit, invest, and disburse the money of the GWMA pursuant to California Government Code Sections 6505.5 and 6509.5. The Governing Board shall fix the amount of the official bond to be filed by each such designee.
8. Powers and Functions as a Regional Water Management Entity. Subject to the limitations set forth herein, the GWMA, acting through its Governing Board, shall have any and all powers commonly held by the Members, necessary or appropriate to fulfill the purposes set forth in Section 2, above, and to implement the agreed upon provisions of the MS4 Permit on behalf of the Members and to otherwise perform the functions and exercise the powers of a regional water management group pursuant to applicable law. 266
12664-0001\3009909v6.doc
9. Corporate and Political Powers. For purposes of exercising its authority , and subject to the limitations set forth herein, the GWMA shall have all joint powers specified in California Government Code Section 6508 including, but not limited to, any or all of the following:
(a) To exercise the common powers of its Members;
(b) To make and enter into contracts;
(c) To employ agents and employees;
(d) To acquire, construct, manage, maintain or operate any building, structure, work or improvement;
(e) To acquire, hold or dispose of real or personal property; (f) To incur debts, liabilities and obligations and issue bonds, notes, certificates of participation and other forms or evidence of indebtedness; (g) To sue and be sued in its own name;
(h) To apply for, accept, receive and disburse grants, loans and other financial aid from any agency of the State of California or the United States of America and to receive donations of property, funds, services and other forms of assistance from persons, firms, corporations or governmental entities;
(i) To o btain insurance for the GWMA and contra ct for risk management services;
(j) To i nvest money of the GWMA in the same manner and on the same conditions as local agencies pursuant to California Government Code Section 53601; (k) To prepare and support legislation related to the purposes of this Agreement;
(l) To adopt rules, regulations, policies, bylaws and procedures for the carrying out of the foregoing powers or necessary for the governing of the operations of the GWMA; and (m) To e xercise all other powers necessary and proper to carry out the provisions of this Agreement.
10. Limitations. The GWMA shall not have the power of eminent domain.
11. Expenditures and Contributions. From time to time, the Governing Board may require Member contributions in order to make expenditures necessary to carry out the purposes and functions of the GWMA which may include, but are not limited to, retention of consultant(s) to conduct studies and prepare plans, reports and designs, and/or provide management services. Contracts over $100,000 shall require a super -majority vote of the Governing Board to approve . Contributions may be assessed against Members on an equ al basis, or upon such other basis as may be determined by the Governing Board. Within thirty (30) days of such an assessment by the Governing Board becoming effective, each Member, 267
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shall make the requ ired contribution, provided that any Member not wishing to make such contribution may, in the alternative, withdraw from the GWMA within said period by adopting a resolution of withdrawal by its legislative body and otherwise complying with Section 15 .
12. Eligibility for Membership and Admission. Any local public agency that is a member of the Gateway Cities Council of Governments, or that has statutory authority over a water supply with the Gateway Cities Region, may apply to become a member of the GWMA pursuant to an action taken by the legislative body of such public agency and may become a Member upon a super -majority vote of the Governing Board and execution of this Agreement . At the time of approval of admission, the Governing Board may request that the new Member make a payment of any costs incurred by the GWMA to date, to the extent the benefit of those costs will be derived or will continue to be derived after the new Member agency has joined the GWMA.
13. Accounts, Reports, and Audits. The following procedures shall be followed to ensure strict accountability of all funds of the GWMA and to provide for accurate reporting of receipts and disbursements of said funds:
(a) The Auditor shall either prepare or contract with a certified public accountant to prepare an annual audit of the GWMA’s accounts and records. The minimum requirements for such audits shall be those prescribed by the State Controller for special districts under California Government Code Section 26909 or successor statute and shall conform to generally accepted accounting principles.
(b) A report of said audit shall be filed as a public record with each Member and with the County Auditor of the County of Los Angeles. Such rep ort shall be filed within twelve (12) months of the end of the fiscal year or years under examination. (c) Any additional procedures pertaining to accountability of funds and assets of the GWMA, as specified in the Joint Exercise of Powers Act, shall be followed.
14. Obligation for Debts and Liabilities and Distribution of Assets. Except as otherwise provided herein or by applicable law , no Member shall be individually responsible for any of the debts, liabilities or obligations of the GWMA, and all such debts, liabilities and obligations shall exclusively be those of the GWMA.
(a) Indemnification.
(1) Each Member agrees to indemnify, defend and hold the GWMA and all other Members, and employees, officers and agents of the GWMA, free and harmless with respect to any and all claims, liabilities, losses, and damages, including legal fees and expenses, to the extent arising out of or connected with the acts or omissions, or breach or default, of such Member, or any person or entity acting on behalf of such Member, in the performance of any of its obligations under this Agreement. (2) The GWMA shall indemnify, defend, and hold harmless, jointly and severally, each of its Members and the Members’ officers, officials, employees, agents, and representatives with respect to any loss, damage, injury, claim, litigation, o r liability, including attorney’ s fees and costs, arising out of or in any way related to the creation , 268
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operation, functioning, decisions, or actions of the GWMA or the GWMA’s officers, officials, employees, agents, or representatives.
(3) The provision of indemnity set forth in this Section shall not be construed to obligate the GWMA to pay any liability, including but not limited to punitive damages, which by law would be contrary to public policy or otherwise unlawful. (b) Tort Liability. Government Code Section 895.2 imposes certain tort liability jointly upon public agencies solely by reason of such public agencies being parties to an agreement as defined in Government Code Section 895. Therefore, the Member public agencies, as among the mselves, pursuant to the authorization contained in Government Code Sections 895.4 and 895.6, each assume the full liability imposed upon it or any of its officers, agents, employees or representatives by law for injury caused by a negligent or wrongful action or inaction, or omission, occurring in the performance of this Agreement, to the same extent that such liability would be imposed in the absence of Government Code Section 895.2. To achieve this purpose, each Member public agency indemn ifies and holds harmless each other party and the GWMA, for any loss, cost or expense, including reasonable attorney ’s fees and consultant fees that may be imposed upon or incurred by such other Member public agency or the GWMA solely by virtue of Governme nt Code Section 895.2. (c) Funds for Defense. Notwithstanding the provisions of paragraphs (a) or (b), above, by a super -majority vote of the Governing Board, the Board may approve the expenditure of GWMA funds to defend, indemnify and hold the GWMA, members of the Governing Board, and /or any employee or agent of the GWMA, free and harmless from claims and liabilities arising in connection with their actions taken in good faith, and while within the scope of their duties being performed on behalf of the GWMA. (d) Self-Insure. The GWMA may self-insure or purchase insurance, and/or -, require the Members to self -insure or purchase insurance, in order to comply with any of the defense and indemnity requirements herein.
(e) Privileges and Immunities. All of the privileges and immunities from liability, exemptions from laws, ordinances, and rules, all pension, relief, disability, worker ’s compensation, and other benefits which apply to the activity of officers, agents, or employees of any Member when performing their respective functions within the territorial limits of the Member, shall apply to them to the same degree and extent while e ngaged in the performance on any of their functions and duties extraterritorially hereunder.
15. Withdrawal by a Member. Subject to the provisions of this section, any Member may withdraw from the GWMA by providing the Governing Board no less than thirty (30) days prior written notice including a copy of the initiating resolution by the legislative body of the withdrawing Member. The withdrawing Member shall pay all unpaid contributions that were approved by the Governing Board more than one hundred twenty (120 ) days prior to the date of the notice of withdrawal. No Member may withdraw unless and until it has satisfied any a nd all outstanding contractual obligations, or other indebtedness for which such Member would otherwise be obligated, in whole or in part, to pay. “Outstanding contractual obligations” includes the obligations for payments on contracts which the GWMA has entered into and are legally binding but where additional services will be performed in the future, until the contract has been fully performed.
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16. Effect of Termination. Upon termination of this Agreement by the GWMA, all of the existing assets shall be divided and distributed for public purposes in such manner as shall be determined by a super -majority vote of the Governing Board provided, however, that this Agreement and the Governing Board shall continue to exist f or the purposes of disposing of all claims, administering the distribution of assets, and performing any other functions necessary to conclude the affairs of the GWMA. This Agreement may not be terminated so long as the GWMA has any outstanding contractual obligations or other indebtedness.
17. Notices. Notices permitted or required to be sent pursuant to this Agreement shall be sent by registered mail, return receipt requested, or reputable overnight delivery service, addressed as follows:
To Member public agencies at each Member public agency ’s official business address, pers onally addressed to that agency’ s Governing Board member;
To the GWMA at 16401 Paramount Boulevard, Paramount,
California 90723 . This address shall be the GWMA’s official business address. This address may be changed by approval of the Governing Board and the giving of written notice to each Member at their official business address.
18. Amendment. Except for amendments that change the GWMA’s powers, duties, indemnification requirements, or financial responsibilities, this Agreement may be amended by a super-majority vote of the Governing Board. Otherwise, t his Agreement may be amended by a majority vote of the Governing Board and by a majority vote of the Members acting by resolution of their legislative bodies.
19. Legal Actions.
(a) Remedies. The GWMA is hereby authorized to take any and all legal or equitable actions, including but not limited to, seeking an injunction and/or specific performance, necessary or permitted by law, to enforce this Agreement. (b) Applicable Law and Forum. The laws of the State of California shall govern the interpretation and enforcement of this Agreement, without regard to conflict of law principles. Legal actions must be instituted and maintained in the Superior Court of the County of Los Angeles, State o f California, in any other appropriate court in that county, or in the Federal District Court in the Central District of California.
(c) Acceptance of Service of Process. In the event that any legal action is commenced against the GWMA, service of process on the GWMA shall be made by personal service upon the Executive Officer or Secretary of the GWMA, or in such other manner as may be provided by law.
(d) Waivers. All waivers of any term or condition of this Agreement shall be in writing. No waiver of any term or same term or condition at a different time.
20. Liberal Construction; Severability. In the event of any litigation over the meaning of this Agreement or the GWMA of any agency of the GWMA, this Agreement shall be 270
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liberally construed to effectuate its purposes. Should any part, term or provision of this Agreement be decided by any court of competent jurisdiction to be illegal or in conflict with any law of the State of California or federal law, or otherwise be rend ered unenforceable or invalid, the validity of the remaining portions and/or provisions shall not be affected thereby.
21. Conflicts of Interest. No officers, official, or employee of the GWMA shall have any financial interest, direct or indirect, in the GWMA nor shall any such person participate in any decision relating to the GWMA which affects his or her financial interests, in violation of any State law or regulation.
22. Books and Records. All books, records, accounts, and documents of the GWMA shall be available at any reasonable time to the Directors and, to the extent provided by the California Public Records Act (Government Code Section 7920.000, et seq. ) shall be public records. This Section does not authorize the release of any confidential records which are exempt from disclosure under the California Public Records Act or other applicable law or regulations.
23. Principal Office. The principal office of the GWMA shall be that of the office of the Executive Officer or as from time to time designated by the Board.
24. Successors. This Agreement shall be binding upon all Members and shall inure to the benefit of the successors of each of the Members provided, however, that no Member may assign any right or obligation under this Agreement without the written consent of the Governing Board.
25. Effectuate Counterparts. This Agreement may be executed in counterparts, which together shall constitute the same and entire agreement.
26. Filing with Secretary of State. The Executive Of ficer of the Governing Board is directed to file with the office of the California Secretary of State and State Controller a notice of adoption or amendment of this Agreement within thirty (30) days after the effective date of such adoption or amendment, as required by California Government Code Section s 6503.5 and 6503.6 and shall file all other official notices as may be required by law.
27. Entire Agreement. This Agreement constitutes the final, complete and exclusive statement of the terms of the agreement between the parties pertaining to the subject matter of this Agreement and amends, replaces, and supersedes all other prior or contemporaneous oral or writ ten understandings and agreements of the parties . [SIGNATURES ON FOLLOWI NG PAGES]
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IN WITNESS WHEREOF, each of the parties hereto have caused this Agreement to be executed and attested by its duly authorized officers as of the dates set forth below.
(signature)
Name:
Title:
City/Agency Name:
ATTEST BY: APPROVED AS TO FORM BY:
(signature) (signature)
Name: Name:
Title: Title:
David J. Aleshire
City Attorney, City of Bell
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AGENDA ITEM 8
City of Bell
Agenda Report
DATE: June 25, 2025
TO: Mayor and Members of the City Council
FROM: John Oskoui, P.E., Interim Public Works Director Rey Alfonso, P.E., City Engineer
APPROVED Michael L. Antwine II (e-signature)
BY: ___________________________________
Michael L. Antwine II, City Manager
SUBJECT: Appointments to the Governing Board of the Los Angeles Gateway Region Integrated Regional Water Management Authority
RECOMMENDATION:
It is recommended that the City Counci l read by title only, waive further reading and adopt Resolution 2025-34:
A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF BELL
APPOINTING A MEMBER AND ALTERNATE TO THE LOS
ANGELES GATEWAY REGION INTEGRATED REGIONAL
WATER MANAGEMENT JOINT POWERS AUTHORITY
GOVERNING BOARD
BACKGROUND:
The City of Bell (City) is a member of the Los Angeles Gateway Region Integrated Regional Water Management Joint Powers Authority (GWMA). As a result of staff turnover, the City has a vacant seat on the Board of the GWMA. The City needs to appoint a primary board member and up to three (3) alternates to represent the City on the Board of GWMA.
In accordance to the GWMA’s Bylaws adopted on October 12, 2015, all non-Legislative Body appointments to the GWMA Board must be done by Resolution. Legislative Body appointments may be made by minute order.
DISCUSSION:
GWMA Board Members and alternate Board Members serve two-year (2) term beginning October 1st of each odd-numbered year and concluding on September 30th two years later.
The proposed resolution attached to this report would designate a Board Member and alternate Board Member) to serve continuously across successive two-year terms such that the governing body need not re-appoint the same persons to the GWMA Board every two years, unless the 273
AGENDA ITEM 8
governing body desires to changes its designated Board Member and/or alternate Board Member or must otherwise fill a vacancy.
Staff recommend the appointments of the following staff members:
• German Alvarez, Associate Engineer (Board Member)
• Kenneth Jones, Public Works Manager (Alternate Board Member)
FISCAL IMPACT:
There will not be an impact on the General Fund. The City pays $7,500 for its Annual GWMA membership utilizing Measure W funds.
The Annual dues will continue to be assessed and approved by a super -majority vote of the GWMA Board to support the ongoing work of the GWMA.
STRATEGIC PLAN 2023-25:
This agenda item aligns with the City of Bell 2023-25 Strategic Plan:
Target 3- Elevating Quality of Life
Goal 5- Maintain a clean City
Action Item: Assess existing in-house maintenance programs and contracts
ATTACHMENT:
1) Resolution- Appointing a Member and Alternate to the Los Angeles Gateway Region Integrated Regional Water Management Authority Government Board 274
Attachment 1
RESOLUTION NO. 2025-34
A RESOLUTION OF THE CITY COUNCIL OF THE CITY BELL
APPOINTING A MEMBER AND ALTERNATE TO THE LOS
ANGELES GATEWAY REGION INTEGRATED REGIONAL
WATER MANAGEMENT AUTHORITY GOVERNING BOARD
WHEREAS, the Los Angeles Gateway Region Integrated Regional Water Management Joint Powers Authority (GWMA) was formed in 2007 in response to the passage of two voter approved water bonds; Proposition 50, passed in 2002 and Proposition 84, passed in 2006; and
WHEREAS, the City of Bell is a member of the GWMA; and
WHEREAS, under the GWMA Joint Powers Agreement, each member agency shall appoint one member and up to three alternate members to the Governing Board in accordance with the GWMA Bylaws; and
WHEREAS, pursuant to the GWMA Bylaws, the member and alternate members appointed by this Resolution shall hold office until September 30, 2027; and
WHEREAS, pursuant to the GWMA Joint Powers Agreement and the GWMA Bylaws, the Member and Alternate Member(s) shall serve two-year terms beginning October 1st of each odd- numbered year.
NOW, THEREFORE, THE CITY COUNCIL DOES HEREBY RESOLVE, DETERMINE AND ORDER AS FOLLOWS:
SECTION 1. Effective June 25, 2025, Associate Engineer, German Alvarez, is appointed to serve as the GWMA Board Member representing the City of Bell.
SECTION 2. Effective June 25, 2025, Public Works Manager, Kenneth Jones, is appointed to serve as alternate Board Member representing the City of Bell.
SECTION 3. The Board Member and alternate Board Member designated above shall continue in their respective positions as if re-appointed for each successive two-year term, unless the Board Member or alternate Board Member is replaced by subsequent action of this legislative body or he or she ceases to be employed by the agency.
SECTION 4. This resolution shall take effect immediately upon its adoption by the City Council.
SECTION 5. The City Clerk shall attest to the passage of the Resolution, and it shall thereupon be in full force and effect.
PASSED, ADOPTED AND APPROVED this 25
th day of June 2025.
__________________________________
Ali Saleh, Mayor
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Attachment 1
APPROVED AS TO FORM
_________________________
Dave Aleshire, City Attorney
CERTIFICATE OF ATTESTATION AND ORIGINALITY
I, Angela Bustamante, City Clerk of the City of Bell, hereby attest to and certify that the foregoing resolution is the original resolution adopted by the Bell City Council at its regular meeting held on the 25
th day of June 2025, by the following vote:
AYES:
NOES:
ABSENT:
ABSTAIN:
_________________________________
Angela Bustamante, City Clerk
276
AGENDA ITEM 9
City of Bell
Agenda Report
DATE: June 25, 2025
TO: Mayor and Members of the City Council
FROM: John Oskoui, P.E., Interim Director of Public Works
APPROVED Michael L. Antwine II (e-signature)
BY: __________________________________
Michael L. Antwine II, City Manager
SUBJECT: Approval of Amendment No. 7 to the Agreement with Willdan Engineering for Professional Engineering Services
RECOMMENDATION:
It is recommended that the City Council approve Amendment No. 7 to the Agreement for Contract Services between the City of Bell and Willdan Engineering with the following key terms:
1. Extend the term of the Agreement to June 30, 2026, with an option to renew for an additional one-year to June 30, 2027; and
2. Maintain current hourly rates at the July 1, 2020 pricing
BACKGROUND:
The Public Works Department - Engineering Division (Engineering) is responsible for fund programming; technical grant preparation; engineering development design review and permitting; public works field project support; traffic engineering, technical analysis and assistance with City utility systems and assessment districts ; preparation of plans, specifications and estimates, bidding support, construction and project management, inspection, labor compliance and post-construction support for the City’s Capital Improvement Program (CIP).
Engineering provides services that include management and administration of seven to ten special use transportation funds, and Los Angeles County Metropolitan Transportation Authority (Metro), Caltrans, and other Federal and local allocations and grants. Engineering provides traffic and street improvement data as needed to various agencies. Engineering also helps the Finance Department on capital improvement program budget preparation and annual audits.
Additionally, Engineering handles the Engineer’s Reports and assessment calculations for the Landscape and Lighting Assessment Districts and the Sewer Maintenance District; NPDES compliance services and NPDES Annual Report; Measure W Annual Plan and Annual Report; and addresses miscellaneous engineering issues and infrastructure activities by utilities, the general public, and other government entities in the public right-of-way.
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2 DISCUSSION:
On June 12, 2024, the City Council approved Amendment No. 6 (Attachment 1) to the Agreement with Willdan Engineering (Willdan) (Attachment 2) that extended the contract to June 30, 2025.
Over the last eight (8) years, the firm successfully managed and completed numerous projects throughout the City of Bell.
The intent was for the city to initiate an RFP process for Engineering Services; however, due to the limited staffing at the management level for the Public Works Department, staff were unable to issue an RFP at this time. However, the City recently hired a new Public Works Manager and plans to hire a permanent Public Works Director within the next fiscal year. Once these permanent positions have been filled for a decent period of time, staff will proceed with the RFP process for Engineering Services based on the stability of the Department.
FY 2024/25 CIP
The following were completed in FY2024/25: 1) Traffic Signal Battery Backup Project; 2) Street Improvement Project FY2023-24; 3) Plans, Specifications, and Estimate for the Street Improvement Project FY2024-25; and 4) Plans, Specifications and Estimate for the Traffic Signal Equipment Upgrade (HSIP).
For the Gage Bridge Avenue Replacement Project, Willdan assisted the City to obtain additional Measure R Grant Funding in the amount of $878,392. For the Traffic Signal Equipment Upgrade Project, Willdan assisted with obtaining additional funding in the amount of $352,080, increasing the number of traffic signals to improve from 26 locations to 28 locations.
Carryover Projects-Regional
There are three (3) projects that require coordination with other agencies: 1) Florence Avenue/Slauson Bridge Project; 2) California Hi -Speed Rail; and 3) Randolph Corridor Metro Active Transportation Project. Willdan’s involvement is in coordination, revi ew of plans and provide data as needed.
FY2024/25 Other Projects
Willdan also assisted the City with other non-CIP projects. These include permitting; coordinating the Assessment Districts levy; establishing a 5- year sewer rates; closing out the Calfire Urban Forest Management grant project; managing the SB1 compliance; and coordinating the update of the Pavement Management Program.
FY2025/26 Proposed CIP
There are four carry-over projects: 1) Traffic Signal Equipment Upgrade (HSIP); 2) Gage Avenue Bridge Project; 3 ) Street Improvement (FY 2024/25); and 4) Underground Storage Tank (SWRCB).
1. Traffic Signal Equipment Upgrade- The Traffic Signal Equipment Upgrade (HSIP) Project includes traffic signal equipment improvement to 28 signalized intersections. The PS&E was completed. The City Council awarded the contract to Econolite in November 2024.
The City received additional HSIP funding for this project bringing the total grant award to $1.1 million. There is significant lead time for the materials. The expected start date for 278
3 the improvements is June 11, 2025.
2. Gage Avenue Bridge Project- The Gage Avenue Bridge Project has received grant funding from Caltrans and Los Angeles County Transportation Authority ( Metro). This project includes the replacement of Gage Avenue Bridge. Funding has been awarded for Project Approval and Environmental Document Phase (PAED) and PS&E. The grant funding for PAED and PS&E totals $4.7 million.
3. Street Improvement FY2024/25- PS&E was completed. This street improvement project was amended to include stormwater components using Measure W fund. The bid was released. The construction is anticipated to start in August 2025.
4. Underground Storage Tank- Involves 16 underground monitoring wells requiring approval from the State Water Resources Control Board (SWRCB) to close. Funding for the Project is from the State of California’s Underground Storage Tank Clean Up Fund. The Well Destruction Report was filed in March 2025. The City is waiting for a closure letter from the Los Angeles Regional Water Quality Control Board to fully complete the Project.
Proposed FY 2025/2026 Services:
The proposed FY 25/26 CIP comprises carry-over projects and new projects in the amount of $12.7 million.
Willdan submitted a City Engineering Services Proposal to provide Engineering services at a cost of $987,380 for FY 2025/26 (Attachment 4). As previously mentioned above, the firm has successfully performed a multitude of city engineering and capital improvement project services over the last eight years. The largest area of services is CIP Project Services.
Willdan is prepared to commit to the same scope of services and maintain the same schedule of hourly rates from July 1, 2020. Additionally, Wildan's familiarity with the City’s system, CIP projects, and processes in additional to maintaining current rates provides the City with the excellent services.
Staff recommend approval of the Willdan Engineering Amendment No. 7 that extends the current City engineering contract for one year to June 30, 2026 with an option to renew for an additional year to June 30, 2027. (Attachment 3)
FISCAL IMPACT:
The Willdan proposed FY25 /26 annual compensation is $987,380. The table below shows the breakdown of the proposed cost among the various Engineering services.
City
Engineering
Services
Public Works
Permits
Development
Review (Plan
Check)
CIP Project
Services
Annual Budget
FY 2025/26
Estimate
$284,700 $53,820 $28,615 $620,245 $987,380
The CIP Project Services cost does fluctuate year to year depending on the level of CIP adopted.
Attachment No. 5 shows a list of proposed FY25-26 CIP projects.
The compensation under this agreement will be funded with the City’s Special Revenue Funds 279
4 that include Gas Tax, SB-1, Measure M, Measure R, Prop C, Prop A, Measure W, Sewer Fund, and Federal and State grants.
A small General Fund allocation of $25,000 is included in the engineering budget each year for services that cannot be charged to other special funding; as well as there are also two areas of General Fund services that are directly related to, and costs offset by, permit and development review fees.
STRATEGIC PLAN 2023-25
This agenda item aligns with the City of Bell 2023-25 Strategic Plan:
• Target 3 - Elevating Quality of Life
• Goal 5 - Maintain a clean City
• Action Item: Assess existing in-house maintenance programs and contracts
ATTACHMENTS:
1) Approved Amendment No. 6 to the Agreement
2) 2017 Agreement for Contract Services Between the City of Bell and Willdan Engineering 3) Proposed- Amendment No. 7 to the Agreement
4) Willdan Engineering Proposal
5) Proposed FY25-26 CIP Budget
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282
283
284
285
286
AGREEMENT FOR CONTRACT SERVICES
By and Between
CITY OF BELL
and
WILLDAN ENGINEERING, INC.
287
AGREEMENT FOR CONTRACT SERVICES
BY AND BETWEEN THE CITY OF BELL AND
WILLDAN ENGINEERING, INC.
This AGREEMENT FOR CONTRACT SERVICES (herein "Agreement") is made and entered into this 23rd day of August, 2017 by and between the City of Bell, a California municipal corporation ("City") and Willdan Engineering, Inc., a California corporation ("Consultant"). City and Consultant are sometimes hereinafter individually referred to as "Party" and hereinafter collectively referred to as the "Parties".
RECITALS
A. City has sought, by issuance of a Request for Proposals or Invitation for Bids, the performance of the services defined and described particularly in Article 1 of this Agreement.
B. Consultant, following submission of a proposal or bid for the performance of the services defined and described particularly in Article I of this Agreement, was selected by the City to perform those services.
C. Pursuant to the City of Bell Municipal Code, City has authority to enter into and execute this Agreement.
D. The Parties desire to formalize the selection of Consultant for performance of those services defined and described particularly in Article I of this Agreement and desire that the terms of that performance be as particularly defined and described herein.
OPERATIVE PROVISIONS
NOW, THEREFORE, in consideration of the mutual promises and covenants made by the Parties and contained herein and other consideration, the value and adequacy of which are hereby acknowledged, the parties agree as follows:
ARTICLE 1. SERVICES OF CONSULTANT
I.I Scope of Services.
In compliance with all terms and conditions of this Agreement, the Consultant shall provide those services specified in the "Scope of Services" attached hereto as Exhibit "A" and incorporated herein by this reference, which may be referred to herein as the ''services" or "work" hereunder. As a material inducement to the City entering into this Agreement, Consultant represents and warrants that it has the qualifications, experience, and facilities necessary to properly perform the services required under this Agreement in a thorough, competent, and professional manner, and is experienced in performing the work and services contemplated herein. Consultant shall at all times faithfully, competently and to the best of its ability, experience and talent, perform all services described herein. Consultant covenants that it shall follow the highest professional standards in performing the work and services required hereunder and that all materials will be both of good quality as well as fit for the purpose intended. For purposes of this Agreement, the phrase "highest professional standards" shall 288
mean those standards of practice recognized by one or more first-class firms performing similar work under similar circumstances.
1.2 Consultant's Proposal.
The Scope of Service shall include the Consultant's scope of work or bid which shall be incorporated herein by this reference as though fully set forth herein. In the event of any inconsistency between the terms of such proposal and this Agreement, the terms of this Agreement shall govern.
1.3 Compliance with Law.
Consultant shall keep itself informed concerning, and shall render all services hereunder in accordance with, all ordinances, resolutions, statutes, rules, and regulations of the City and any Federal, State or local governmental entity having jurisdiction in effect at the time service is rendered.
1.4 Licenses, Permits, Fees and Assessments.
Consultant shall obtain at its sole cost and expense such licenses, permits and approvals as may be required by law for the performance of the services required by this 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 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 performed, (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. - 2 -
01135.0006/399383.2
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1.7 Further Responsibilities of Parties.
Both parties agree to use reasonable care and diligence to perform their respective obligations under this Agreement. Both parties agree to act in good faith to 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 specified in the Scope of Services or make changes by altering, adding to or deducting from said work. No such extra work may be undertaken unless a written order is first given by the Contract Officer to the Consultant, incorporating therein any adjustment in (i) the Contract Sum for the actual costs of the extra work, and/or (ii) the time to perform this Agreement, which said adjustments are subject to the written approval of the Consultant. Any increase in compensation of up to ten percent (10%) of the Contract Sum or $25,000, whichever is less; or, in the time to perform of up to one hundred eighty ( 180) days, may be approved by the Contract Officer. Any greater increases, taken either separately or cumulatively, must be approved by the City Council. It is expressly understood by Consultant that the provisions of this Section shall not apply to services specifically set forth in the Scope of Services. Consultant hereby acknowledges that it accepts the risk that the services to be provided pursuant to the Scope of Services may be more costly or time consuming than Consultant anticipates and that Consultant shall not be entitled to additional compensation therefor. City may in its sole and absolute discretion have similar work done by other contractors. No claims for an increase in the Contract Sum or time for performance shall be valid unless the procedures established in this Section are followed.
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 by this reference. The total compensation, including reimbursement for actual expenses, shall not exceed Two Million Fifty Five Thousand Dollars and No Cents ($2,055,000.00) (the "Contract Sum"), unless additional compensation is approved pursuant to Section 1.8.
2.2 Method of Compensation.
The method of compensation may include: (i) a lump sum payment upon completion~ (ii) payment in accordance with specified tasks or the percentage of completion of the services, less - 3 -
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contract retention; (iii) payment for time and materials based upon the Consultant's rates as specified in the Schedule of Compensation, provided that (a) time estimates are provided for the performance of sub tasks, (b) contract retention is maintained, and ( c) the Contract Sum is not exceeded; or (iv) such other methods as may be specified in the Schedule of Compensation.
2.3 Reimbursable Expenses.
Compensation may include reimbursement for actual and necessary expenditures for reproduction costs, telephone expenses, and travel expenses approved by the Contract Officer in advance, or actual subcontractor expenses of an approved subcontractor pursuant to Section 4.5, and only if specified in the Schedule of Compensation. The Contract Sum shall include the attendance of 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 expenses incw-red during the preceding month in a form approved by City's Director of Finance. By submitting an invoice for payment under this Agreement, Consultant is certifying compliance with all provisions of the Agreement. The invoice shall detail charges for all necessary and actual expenses by the following categories: labor (by sub-category), trave], 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 work performed pursuant to this Agreement shall not be deemed to waive any defects in work performed by Consultant.
ARTICLE 3. PERFORMANCE SCHEDULE
3.1 Time of Essence.
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3.2 Schedule of Performance.
Consultant shall commence the services pursuant to this Agreement upon receipt of a written notice to proceed and shall perform all services within the time period(s) established in the "Schedule of Performance" attached hereto as Exhibit "D" and incorporated herein by this reference. When requested by 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 Maieure.
The time period(s) specified in the Schedule of Performance for performance of the services rendered pursuant to this Agreement shall be extended because of any delays due to unforeseeable causes beyond the control and without the fault or negligence of the Consultant, including, but not restricted to, acts of God or of the public enemy, unusually severe weather, fires, earthquakes, floods, epidemics, quarantine restrictions, riots, strikes, freight embargoes, wars, litigation, and/or acts of any governmental agency, including the City, if the Consultant shall within ten ( I 0) 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) years from the date hereof, except as otherwise provided in the Schedule of Performance (Exhibit "D").
ARTICLE 4. COORDINATION OF WORK
4.1 Representatives and Personnel of Consultant.
The following principals of Consultant ("Principals") are hereby designated as being the principals and representatives of Consultant authorized to act in its behalf with respect to the work specified herein and make all decisions in connection therewith:
William C. Pagett
(Name)
Adel M. Freii
(Name)
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Senior Vice President/Director
(Title)
Deputy Director of City Engineering
(Title)
292
(Name) (Title)
It is expressly understood that the experience, knowledge, capability and reputation of the foregoing principals were a substantial inducement for City to enter into this Agreement.
Therefore, the foregoing principals shall be responsible during the term of this Agreement for directing all activities of Consultant and devoting sufficient time to personally supervise the services hereunder. All personnel of Consultant, and any authorized agents, shall at all times be under the exclusive direction and control of the Principals. For purposes of this Agreement, the foregoing Principals may not be replaced nor may their responsibilities be substantially reduced by Consultant without the express written approval of City. Additionally, Consultant shall utilize only competent personnel to perform services pursuant to this Agreement. Consultant shall make every reasonable effort to maintain the stability and continuity of Consultant's staff and subcontractors, if any, assigned to perform the services required under this Agreement.
Consultant shall notify City of any changes in Consultant's staff and subcontractors, if any, assigned to perform the services required under this Agreement, prior to and during any such performance.
4.2 Status of Consultant.
Consultant shall have no authority to bind City in any manner, or to incur any obligation, debt or liability of any kind on behalf of or against City, whether by contract or otherwise, unless such authority is expressly conferred under this Agreement or is otherwise expressly conferred in writing by City. Consultant shall not at any time or in any manner represent that Consultant or any of Consultant's officers, employees, or agents are in any manner officials, officers, employees or agents of City. Neither Consultant, nor any of Consultant's officers, employees or agents, shall obtain any rights to retirement, health care or any other benefits which may otherwise accrue to City's employees. Consultant expressly waives any claim Consultant may have to any such rights.
4.3 Contract Officer.
The Contract Officer shall be the City's Director of Community Development or such person as may be designated by the City Manager. It shall be the Consultant's responsibility to assure that the Contract Officer is kept informed of the progress of the performance of the services and the Consultant shall refer any decisions which must be made by City to the Contract Officer. Unless otherwise specified herein, any approval of City required hereunder shall mean the approval of the Contract Officer. The Contract Officer shall have authority, if specified in writing by the City Manager, to sign all documents on behalf of the City required hereunder to carry out the terms of this Agreement.
4.4 Independent Consultant.
Neither the City nor any of its employees shall have any control over the manner, mode or means by which Consultant, its 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 a11 services required herein as an independent contractor of City and shall remain at all times as to City a wholly independent - 6 -
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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 creditors or otherwise, without the prior written approval of City. Transfers restricted hereunder shall include the transfer to any person or group of persons acting in concert of more than twenty five percent (25%) of the present ownership and/or control of Consultant, taking all transfers into account on a cumulative basis. In the event of any such unapproved transfer, including any bankruptcy proceeding, this Agreement shall be void. No approved transfer shall release the Consultant or any surety of Consultant of any liability hereunder without the express consent of City.
ARTICLE 5. INSURANCE AND INDEMNIFICATION
5.1 Insurance Coverages.
The Consultant shall procure and maintain, at its sole cost and expense, in a form and content satisfactory to City, during the entire term of this Agreement including any extension thereof, the following policies of insurance which shall cover all elected and appointed officers, employees and agents of City:
(a) Commercial General Liability Insurance (Occurrence Form CG000 l or equivalent). A policy of comprehensive general liability insurance written on a per occurrence basis for bodily injury, personal injury and property damage. The policy of insurance shall be in an amount not less than $1,000,000.00 per occurrence or if a general aggregate limit is used, then the general aggregate limit shall be twice the occurrence limit. (b) Worker's Compensation Insurance. A policy of worker's compensation insurance in such amount as will fully comply with the laws of the State of California and which shall indemnify, insure and provide legal defense for the Consultant against any loss, claim or damage arising from any injuries or occupational diseases occurring to any worker employed by or any persons retained by the Consultant in the course of carrying out the work or services contemplated in this Agreement.
(c) Automotive Insurance (Form CA 0001 (Ed 1/87) including "any auto" and endorsement CA 0025 or equivalent). A policy of comprehensive automobile liability insurance written on a per occurrence for bodily injury and property damage in an amount not less than $1,000,000. Said policy shall include coverage for owned, non-owned, leased, hired cars and any automobile.
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(d) Professional Liability. Professional liability insurance appropriate to the Consultant's profession. This coverage may be written on a "claims made" basis, and must include coverage for contractual liability. The professional liability insurance required by this Agreement must be endorsed to be applicable to claims based upon, arising out of or related to services performed under this Agreement. The insurance must be maintained for at least 5 consecutive years following the completion of Consultant's services or the termination of this Agreement. During this additional 5-year period, Consultant shall annually and upon request of the City submit written evidence of this continuous coverage. (e) Subcontractors. Consultant shall include all subcontractors as insureds under its policies or shall furnish separate certificates and certified endorsements for each subcontractor. All coverages for subcontractors shall include all of the requirements stated herein.
(f) Additional Insurance. Policies of such other insurance, as may be required in the Special Requirements in Exhibit "B".
5.2 General Insurance Requirements.
All of the above policies of insurance shall be primary insurance and shall name the City, its elected and appointed officers, employees and agents as additional insureds and any insurance maintained by City or its officers, employees or agents may apply in excess of, and not contribute with Consultant's insurance. The insurer is deemed hereof to waive all rights of subrogation and contribution it may have against the City, its officers, employees and agents and their respective insurers. Moreover, the insurance policy must specify that where the primary insured does not satisfy the self-insured retention, any additional insured may satisfy the self insured retention.
All of said policies of insurance shall provide that said insurance may not be amended or cancelled by the insurer or any party hereto without providing thirty (30) days prior written notice by certified mail return receipt requested to the City. In the event any of said policies of insurance are cancelled, the Consultant shall, prior to the cancellation date, submit new evidence of insurance in conformance with Section 5 .1 to the Contract Officer.
No work or services under this Agreement shall commence until the Consultant has provided the City with Certificates of Insurance, additional insured endorsement forms or appropriate insurance binders evidencing the above insurance coverages and said Certificates of Insurance or binders are approved by the City. City reserves the right to inspect complete, certified copies of and endorsements to all required insurance policies at any time. Any failure to comply with the reporting or other provisions of the policies including breaches or warranties shall not affect coverage provided to City.
All certificates shall name the City as additional insured (providing the appropriate endorsement) and shall conform to the following "cancellation" notice:
CANCELLATION:
SHOULD ANY OF THE ABOVE DESCRIBED POLICIES BE CANCELLED BEFORE
THE EXPIRATION DATED THEREOF, THE ISSUING COMPANY SHALL MAIL - 8 -
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THIRTY (30)-DA Y ADVANCE WRilTEN NOTICE TO CERTIFICATE HOLDER NAMED HEREIN.
[to be initialed]
Consultant Initials
City, its respective elected and appointed officers, directors, officials, employees, agents and volunteers are to be covered as additional insureds as respects: liability arising out of activities Consultant performs; products and completed operations of Consultant; premises owned, occupied or used by Consultant; or any automobiles owned, leased, hired or borrowed by Consultant. The coverage shall contain no special limitations on the scope of protection afforded to City, and their respective elected and appointed officers, officials, employees or volunteers.
Consultant's insurance shall apply separately to each insured against whom claim is made or suit is brought, except with respect to the limits of the insurer's liability.
Any deductibles or self-insured retentions must be declared to and approved by City. At the option of City, either the insurer shall reduce or eliminate such deductibles or self-insured retentions as respects City or its respective elected or appointed officers, officials, employees and volunteers or the Consultant shall procure a bond guaranteeing payment of losses and related investigations, claim administration, defense expenses and claims. The Consultant agrees that the requirement to provide insurance shall not be construed as limiting in any way the extent to which the Consultant may be held responsible for the payment of damages to any persons or property resulting from the Consultant's activities or the activities of any person or persons for which the Consultant is otherwise responsible nor shall it limit the Consultant's indemnification liabilities as provided in Section 5.3.
In the event the Consultant subcontracts any portion of the work in compliance with Section 4.5 of this Agreement, the contract between the Consultant and such subcontractor shall require the subcontractor to maintain the same policies of insurance that the Consultant is required to maintain pursuant to Section 5. I, and such certificates and endorsements shall be provided to City.
5.3 Indemnification.
To the full extent permitted by law, Consultant agrees to indemnify, defend and hold harmless the City, its officers, employees and agents ("Indemnified Parties") against, and will hold and save them and each of them harmless from, any and all actions, either judicial, administrative, arbitration or regulatory claims, damages to persons or property, losses, costs, penalties, obligations, errors, omissions or liabilities whether actual or threatened (herein "claims or liabilities") that may be asserted or claimed by any person, firm or entity arising out of or in connection with the negligent performance of the work, operations or activities provided herein of Consultant, its officers, employees, agents, subcontractors, or invitees, or any individual or entity for which Consultant is legally liable ("indemnitors"), or arising from Consultant's or indemnitors' reckless or willful misconduct, or arising from Consultant's or indemnitors' negligent performance of or failure to perform any term, provision, covenant or condition of this Agreement, and in connection therewith:
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(a) Consultant will defend any action or actions filed in connection with any of said claims or liabilities and will pay all costs and expenses, including legal costs and attorneys' fees incurred in connection therewith;
(b) Consultant will promptly pay any judgment rendered against the City, its officers, agents or employees for any such claims or liabilities arising out of or in connection with the negligent performance of or failure to perform such work, operations or activities of Consultant hereunder; and Consultant agrees to save and hold the City, its officers, agents, and employees harmless therefrom;
( c) In the event the City, its officers, agents or employees is made a party to any action or proceeding filed or prosecuted against Consultant for such damages or other claims arising out of or in connection with the negligent performance of or failure to perform the work, operation or activities of Consultant hereunder, Consultant agrees to pay to the City, its officers, agents or employees, any and all costs and expenses incurred by the City, its officers, agents or employees in such action or proceeding, including but not limited to, legal costs and attorneys' fees.
Consultant shall incorporate similar indemnity agreements with its subcontractors and if it fails to do so Consultant shall be fully responsible to indemnify City hereunder therefore, and failure of City to monitor compliance with these provisions shall not be a waiver hereof. This indemnification includes claims or liabilities arising from any negligent or wrongful act, error or omission, or reckless or willful misconduct of Consultant in the performance of professional services hereunder. The provisions of this Section do not apply to claims or liabilities occurring as a result of City's sole negligence or willful acts or omissions, but, to the fullest extent permitted by law, shall apply to claims and liabilities resulting in part from Citf s negligence, except that design professionals' indemnity hereunder shall be limited to claims and liabilities arising out of the negligence, recklessness or willful misconduct of the design professional. The indemnity obligation shall be binding on successors and assigns of Consultant and shall survive termination of this Agreement.
5.4 Sufficiency of Insurer.
Insurance required by this Agreement shall be satisfactory only if issued by companies qualified to do business in California, rated "A" or better in the most recent edition of Best Rating Guide, The Key Rating Guide or in the Federal Register, and only if they are of a financial category Class VII or better, unless such requirements are waived by the Risk Manager of the City ("Risk Manager") due to unique circumstances. If this Agreement continues for more than 3 years duration, or in the event the risk manager determines that the work or services to be performed under this Agreement creates an increased or decreased risk of loss to the City, the Consultant agrees that the minimum limits of the insurance policies may be changed accordingly upon receipt of written notice from the Risk Manager.
ARTICLE 6. RECORDS, REPORTS, AND RELEASE OF INFORMATION 6 .1 Records.
Consultant shall keep, and require subcontractors to keep, such ledgers, books of accounts, invoices, vouchers, canceled checks, reports, studies or other documents relating to the disbursements charged to City and services performed hereunder (the "books and records"), as - 10 -
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shall be necessary to perform the services required by this Agreement and enable the Contract Officer to evaluate the performance of such services. Any and all such documents shall be maintained in accordance with generally accepted accounting principles and shall be complete and detailed. The Contract Officer shall have full and free access to such books and records at all times during normal business hours of City, including the right to inspect, copy, audit and make records and transcripts from such records. Such records shall be maintained for a period of three (3) years following completion of the services hereunder, and the City shall have access to such records in the event any audit is required. In the event of dissolution of Consultant's business, custody of the books and records may be given to City, and access shall be provided by Consultant's successor in interest. Notwithstanding the above, the Consultant shall fully cooperate with the City in providing access to the books and records if a public records request is made and disclosure is required by law including but not limited to the California Public Records Act.
6.2 Reports.
Consultant shall periodically prepare and submit to the Contract Officer such reports concerning the performance of the services required by this Agreement as the Contract Officer shall require. Consultant hereby acknowledges that the City is greatly concerned about the cost of work and services to be performed pursuant to this Agreement. For this reason, Consultant agrees that if Consultant becomes aware of any facts, circumstances, techniques, or events that may or will materially increase or decrease the cost of the work or services contemplated herein or, if Consultant is providing design services, the cost of the project being designed, Consultant shall promptly notify the Contract Officer of said fact, circumstance, technique or event and the estimated increased or decreased cost related thereto and, if Consultant is providing design services, the estimated increased or decreased cost estimate for the project being designed.
6.3 Ownership of Documents.
All drawings, specifications, maps, designs, photographs, studies, surveys, data, notes, computer files, reports, records, documents and other materials (the "documents and materials") prepared by Consultant, its employees, subcontractors and agents in the performance of this Agreement shall be the property of City and shall be delivered to City upon request of the Contract Officer or upon the termination of this Agreement, and Consultant shall have no claim for further employment or additional compensation as a result of the exercise by City of its full rights of ownership use, reuse, or assignment of the documents and materials hereunder. Any use, reuse or assignment of such completed documents for other projects and/or use of uncompleted documents without specific written authorization by the Consultant will be at the City's sole risk and without liability to Consultant, and Consultant's guarantee and warranties shall not extend to such use, reuse or assignment. Consultant may retain copies of such documents for its own use. Consultant shall have the right to use the concepts embodied therein.
All subcontractors shall provide for assignment to City of any documents or materials prepared by them, and in the event Consultant fails to secure such assignment, Consultant shall indemnify City for all damages resulting therefrom. Moreover, Consultant with respect to any documents and materials that may qualify as "works made for hire" as defined in 17 U.S.C. § 101, such documents and materials are hereby deemed "works made for hire" for the City. - 11 -
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6.4 Confidentiality and Release of Information.
(a) All information gained or work product produced by Consultant in performance of this Agreement shall be considered confidential, unless such information is in the public domain or already known to Consultant. Consultant shall not release or disclose any such information or work product to persons or entities other than City without prior written authorization from the Contract Officer.
(b) Consultant, its officers, employees, agents or subcontractors, shall not, without prior written authorization from the Contract Officer or unless requested by the City Attorney, voluntarily provide documents, declarations, letters of support, testimony at depositions, response to interrogatories or other information concerning the work performed under this Agreement. Response to a subpoena or court order shall not be considered "voluntary" provided Consultant gives City notice of such court order or subpoena. (c) If Consultant, or any officer, employee, agent or subcontractor of Consultant, provides any information or work product in violation of this Agreement, then City shall have the right to reimbursement and indemnity from Consultant for any damages, costs and fees, including attorneys fees, caused by or incurred as a result of Consultant's conduct. (d) Consultant shall promptly notify City should Consultant, its officers, employees, agents or subcontractors be served with any summons, complaint, subpoena, notice of deposition, request for documents, interrogatories, request for admissions or other discovery request, court order or subpoena from any party regarding this Agreement and the work performed there under. City retains the right, but has no obligation, to represent Consultant or be present at any deposition, hearing or similar proceeding. Consultant agrees to cooperate fully with City and to provide City with the opportunity to review any response to discovery requests provided by Consultant. However, this right to review any such response does not imply or mean the right by City to control, direct, or rewrite said response.
ARTICLE 7. ENFORCEMENT OF AGREEMENT AND TERMINATION
7. I California Law.
This Agreement shall be interpreted, construed and governed both as to validity and to performance of the parties in accordance with the laws of the State of California. Legal actions concerning any dispute, claim or matter arising out of or in relation to this Agreement shall be instituted in the Superior Court of the County of Los Angeles, State of California, or any other appropriate court in such county, and Consultant covenants and agrees to submit to the personal jurisdiction of such court in the event of such action. In the event of litigation in a U.S. District Court, venue shall lie exclusively in the Central District of California, in the County of Los Angeles, State of California.
7.2 Disputes; 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 timcframe is presumptively thirty (30) days, but may be extended, though not - 12 -
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reduced, if circumstances warrant. During the period of time that Consultant is in default, the City shall hold all invoices and shall, when the default is cured, proceed with payment on the invoices. In the alternative, the City may, in its sole discretion, elect to pay some or all of the outstanding invoices during the period of default. If Consultant does not cure the default, the City may take necessary steps to terminate this Agreement under this Article. Any failure on the part of the City to give notice of the Consultant's default shall not be deemed to result in a waiver of the City's legal rights or any rights arising out of any provision of this Agreement.
7.3 Retention of Funds.
Consultant hereby authorizes City to deduct from any amount payable to Consultant (whether or not arising out of this Agreement) (i) any amounts the payment of which may be in dispute hereunder or which are necessary to compensate City for any losses, costs, liabilities, or damages suffered by City, and (ii) all amounts for which City may be liable to third parties, by reason of Consultant's acts or omissions in performing or failing to perform Consultant's obligation under this Agreement. In the event that any claim is made by a third party, the amount or validity of which is disputed by Consultant, or any indebtedness shall exist which shall appear to be the basis for a claim of lien, City may withhold from any payment due, without liability for interest because of such withholding, an amount sufficient to cover such claim. The failure of City to exercise such right to deduct or to withhold shall not, however, affect the obligations of the Consultant to insure, indemnify, and protect City as elsewhere provided herein.
7.4 Waiver.
Waiver by any party to this Agreement of any term, condition, or covenant of this Agreement shall not constitute a waiver of any other term, condition, or covenant. Waiver by any party of any breach of the provisions of this Agreement shall not constitute a waiver of any other provision or a waiver of any subsequent breach or violation of any provision of this Agreement. Acceptance by City of any work or services by Consultant shall not constitute a waiver of any of the provisions of this Agreement. No delay or omission in the exercise of any right or remedy by a non-defaulting party on any default shall impair such right or remedy or be construed as a waiver. Any waiver by either party of any default must be in writing and shall not be a waiver of any other default concerning the same or any other provision of this Agreement.
7.5 Rights and Remedies are Cumulative.
Except with respect to rights and remedies expressly declared to be exclusive in this Agreement, the rights and remedies of the parties are cumulative and the exercise by either party of one or more of such rights or remedies shall not preclude the exercise by it, at the same or different times, of any other rights or remedies for the same default or any other default by the other party.
7.6 Legal Action.
In addition to any other rights or remedies, either party may take legal action, in law or in equity, to cure, correct or remedy any default, to recover damages for any default, to compel specific performance of this Agreement, to obtain declaratory or injunctive relief, or to obtain any other remedy consistent with the purposes of this Agreement. Notwithstanding any contrary provision herein, Consultant shall file a statutory claim pursuant to Government Code Sections 905 et seq. and 910 et seq., in order to pursue a legal action under this Agreement. - 13 -
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7.7 Termination Prior to Expiration of Term.
This Section shall govern any termination of this Contract except as specifically provided in the following Section for termination for cause. The City reserves the right to terminate this Contract at any time, with or without cause, upon thirty (30) days' written notice to Consultant, except that where termination is due to the fault of the Consultant, the period of notice may be such shorter time as may be determined by the Contract Officer. In addition, the Consultant reserves the right to terminate this Contract at any time, with or without cause, upon sixty ( 60) days' written notice to City, except that where termination is due to the fault of the City, the period of notice may be such shorter time as the Consultant may determine. Upon receipt of any notice of termination, Consultant shall immediately cease all services hereunder except such as may be specifically approved by the Contract Officer. Except where the Consultant has initiated termination, the Consultant shall be entitled to compensation for all services rendered prior to the effective date of the notice of termination and for any services authorized by the Contract Officer thereafter in accordance with the Schedule of Compensation or such as may be approved by the Contract Officer, except as provided in Section 7.3. In the event the Consultant has initiated termination, the Consultant shall be entitled to compensation only for the reasonable value of the work product actually produced hereunder. In the event of termination without cause pursuant to this Section, the terminating party need not provide the non-terminating party with the opportunity to cure pursuant to Section 7 .2.
7 .8 Termination for Default of Consultant.
If termination is due to the failure of the Consultant to fulfill its obligations under this Agreement, City may, after compliance with the provisions of Section 7.2, take over the work and prosecute the same to completion by contract or otherwise, and the Consultant shall be liable to the extent that the total cost for completion of the services required hereunder exceeds the compensation herein stipulated (provided that the City shall use reasonable efforts to mitigate such damages), and City may withhold any payments to the Consultant for the purpose of set-off or partial payment of the amounts owed the City as previously stated.
7.9 Attorneys' Fees.
If either party to this Agreement is required to initiate or defend or made a party to any action or proceeding in any way connected with this Agreement, the prevailing party in such action or proceeding, in addition to any other relief which may be granted, whether legal or equitable, shall be entitled to reasonable attorney's fees. Attorney's fees shall include attorney's fees on any appeal, and in addition a party entitled to attorney's fees shall be entitled to all other reasonable costs for investigating such action, taking depositions and discovery and all other necessary costs the court allows which are incurred in such litigation. All such fees shall be deemed to have accrued on commencement of such action and shall be enforceable whether or not such action is prosecuted to judgment.
ARTICLE 8. CITY OFFICERS AND EMPLOYEES: NON-DISCRIMINATION
8.1 Non-liability of City Officers and Employees.
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may become due to the Consultant or to its successor, or for breach of any obligation of the terms of this Agreement.
8.2 Conflict of Interest.
Consultant covenants that neither it, nor any officer or principal of its firm, has or shall acquire any interest, directly or indirectly, which would conflict in any manner with the interests of City or which would in any way hinder Consultant's performance of services under this Agreement. Consultant further covenants that in the performance of this Agreement, no person having any such interest shall be employed by it as an officer, employee, agent or subcontractor without the express written consent of the Contract Officer. Consultant agrees to at all times avoid conflicts of interest or the appearance of any conflicts of interest with the interests of City in the performance of this Agreement.
No officer or employee of the City shall have any financial interest, direct or indirect, in this Agreement nor shall any such officer or employee participate in any decision relating to the Agreement which affects her/his financial interest or the financial interest of any corporation, partnership or association in which (s)he is, directly or indirectly, interested, in violation of any State statute or regulation. The Consultant warrants that it has not paid or given and will not pay or give any third party any money or other consideration for obtaining this Agreement.
8.3 Covenant Against Discrimination.
Consultant covenants that, by and for itself, its heirs, executors, assigns, and all persons claiming under or through them, that there shall be no discrimination against or segregation of, any person or group of persons on account of race, color, creed, religion, sex, gender, sexual orientation, marital status, national origin, ancestry or other protected class in the performance of this Agreement. Consultant shall take affirmative action to insure that applicants are employed and that employees are treated during employment without regard to their race, color, creed, religion, sex, gender, sexual orientation, marital status, national origin, ancestry or other protected class.
8.4 Unauthorized Aliens.
Consultant hereby promises and agrees to comply with all of the provisions of the Federal Immigration and Nationality Act, 8 U.S.C.A. §§ 1101, et seq., as amended, and in connection therewith, shall not employ unauthorized aliens as defined therein. Should Consultant so employ such unauthorized aliens for the performance of work and/or services covered by this Agreement, and should any liability or sanctions be imposed against City for such use of unauthorized aliens, Consultant hereby agrees to and shall reimburse City for the cost of all such liabilities or sanctions imposed, together with any and all costs, including attorneys' fees, incurred by City.
ARTICLE 9. MISCELLANEOUS PROVISIONS
9.1 Notices.
Any notice, demand, request, document, consent, approval, or communication either party desires or is required to give to the other party or any other person shall be in writing and either served personally or sent by prepaid, 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 - 15 -
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Pine Avenue, Bell, CA 90201 and in the case of the Consultant, to the person(s) at the address designated on the execution page of this Agreement. Either party may change its address by notifying the other party of the change of address in writing. Notice shall be deemed communicated at the time personally delivered or in seventy-two (72) hours from the time of mailing if mailed as provided in this Section.
9.2 Interpretation.
The terms of this Agreement shall be construed in accordance with the meaning of the language used and shall not be construed for or against either party by reason of the authorship of this Agreement or any other rule of construction which might otherwise apply.
9.3 Counterparts.
This Agreement may be executed in counterparts, each of which shall be deemed to be an original, and such counterparts shall constitute one and the same instrument.
9.4 Integration; Amendment.
This Agreement including the attachments hereto is the entire, complete and exclusive expression of the understanding of the parties. It is understood that there are no oral agreements between the parties hereto affecting this Agreement and this Agreement supersedes and cancels any and all previous negotiations, arrangements, agreements and understandings, if any, between the parties, and none shall be used to interpret this Agreement. No amendment to or modification of this Agreement shall be valid unless made in writing and approved by the Consultant and by the City Council. The parties agree that this requirement for written modifications cannot be waived and that any attempted waiver shall be void.
9.5 Severability.
In the event that any one or more of the phrases, sentences, clauses, paragraphs, or sections contained in this Agreement shall be declared invalid or unenforceable by a valid judgment or decree of a court of competent jurisdiction, such invalidity or unenforceability shall not affect any of the remaining phrases, sentences, clauses, paragraphs, or sections of this Agreement which are hereby declared as severable and shall be interpreted to carry out the intent of the parties hereunder unless the invalid provision is so material that its invalidity deprives either party of the basic benefit of their bargain or renders this Agreement meaningless.
9.6 Warranty & Representation of Non-Collusion.
No official, officer, or employee of City has any financial interest, direct or indirect, in this Agreement, nor shall any official, officer, or employee of City participate in any decision relating to this Agreement which may affect his/her financial interest or the financial interest of any corporation, partnership, or association in which (s)he is directly or indirectly interested, or in violation of any corporation, partnership, or association in which (s)he is directly or indirectly interested, or in violation of any State or municipal statute or regulation. The determination of "financial interest" shall be consistent with State law and shall not include interests found to be "remote" or "noninterests" pursuant to Government Code Sections 1091 or 1091.5. Consultant warrants and represents that it has not paid or given, and will not pay or give, to any third party including, but not limited to, any City otlicial, officer, or employee, any money, consideration, or - 16 -
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other thing of value as a result or consequence of obtaining or being awarded any agreement.
Consultant further warrants and represents that (s)he/it has not engaged in any act(s), omission(s), or other conduct or collusion that would result in the payment of any money, consideration, or other thing of value to any third party including, but not limited to, any City official, officer, or employee, as a result of consequence of obtaining or being awarded any agreement. Consultant is aware of and understands that any such act(s), omission(s) or other conduct resulting in such payment of money, consideration, or other thing of value will render this Agreement void and of no force or effect. .£J
Consultant's Authorized Initials 1J..!/_
9. 7 Corporate Authority.
The persons executing this Agreement on behalf of the parties hereto warrant that (i) such party is duly organized and existing, (ii) they are duly authorized to execute and deliver this Agreement on behalf of said party, (iii) by so executing this Agreement, such party is formally bound to the provisions of this Agreement, and (iv) that entering into this Agreement does not violate any provision of any other Agreement to which said party is bound. This Agreement shall be binding upon the heirs, executors, administrators, successors and assigns of the parties. [SIGNATURES ON FOLLOWING PAGE]
- 17 -
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IN WITNESS WHEREOF , the parties hereto have executed this Agreement on the date and year first-above written.
Al TES T:
A~
City Clerk
APPROVED AS TO FORM:
ALESHIRE & WYNDER, LLP
c;z~
City Attorney
CITY :
CITY OF BELL, a municipal corporation
m ~
Mayor
CONSULTANT :
By:-J-~,..a.<"""""--,---.:,,..::::~---i~ ,,...,_.,.___-,--_ Name: Wt! (,~
Title: c:; e., {I, <.~
By ~ ~ Name: IJ (la(_ 1-1 · :_
Ti tie: <J1 ~f!crf"Y (} < 1'-de.JTd Y!.
Address: 13191 Crossroads Parkway North
Suite 405
Industry, California 91746-3497
Two corporate officer sig natur es requ ired when Consultant is a corpora tion, with one signature requi red from each of the followin g groups: I) C hairman of the Board , President or any Vice President; and 2) Secretary, a ny Assistant Secretary, C hief Financi al Offi cer or an y Assistant Trea s urer. CONSULTANT 'S
S IGN ATURE S S HALL BE DULY NOTAR IZED , ANO APPROPRIATE ATTESTATIONS S HALL BE
IN C LUDED AS MAY BE REQUIR ED BY THE BYLAWS , ARTICLES OF INCORPORATION , OR OTHER RULES OR REGULATIONS APPLI CA BLE TO CONSULTANT'S BUSINESS ENTITY. - 18 -
0 I I 35.0006/399383.2
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CALIFORNIA ALL-PURPOSE ACKNOWLEDGMENT CIVIL CODE § 1189 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.
County o /'J'O ~
Stateof ~m~
o~~ZtJtJ before me, ~ 1'11 ~,A)~/?~
_ Here ~;ne andT/fle of the Officer Date
personally appea red _W,~~~~-·--~c~e~a .... 4~e-xf:;_~~---------- - NaR-le(s) of Signer(s)
who proved to me on the basis of satisfactory evidence to be the person(s) whose name(s) is/are subscribed to the within instrume nt and acknowledged to me that he/she/ they executed the same in his/her/the ir 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.
Place Notary Seal Above
I certify under PENAL TY OF PERJURY under the laws
of the State of California that the foregoing paragraph is true and correct.
WITNESS my hand and official seal.
Signatur~ ~ ..,?U
Signa.iu; ~ N;tary Public
----------------OPTIONAL----------------
Though this section is optional, completing this information can deter alteration of the document or fraudulent reattachment of this form to an unintended document.
Description of Attached Document
Title or Type of Document: ____________ _
Number of Pages: ___ Signer(s) Other Than
Capacity(ies) Claimed by Signer(s)
Signer's Name: --------- - ~..c:.._
O Corporate Officer - Title(s): --~-- -
□ Partner - D Limited □ Gener
D Individual □ Attorne ·
[] Trustee Gu 1an or Conservator
□ Other: ____ ,,,,_ ___ ______ _
Signer Is Represe.{lting: _________ _
Signer's Name: __________ __ _
D Corporate Officer - Title(s): ______ _
□ Partner - D Limited D General
:l Individual D Attorney in Fact
□ Trustee ~ Guardian or Conservator
..J Other: ____ ______ ____ _
Signer Is Representing: _______ __ _
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CALIFORNIA ALL-PURPOSE ACKNOWLEDGMENT CIVIL CODE § 1189 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.
State of C~~orn ia
County 06{JcJ."-'-'-l~--'-"'---"<---------
on 0&;/~ _z. .2-t/ 17 before me, ~#z~ ~~ ,
Date Here lnseri]}smeand Tftleofjteofflce r
personally appeared a c,l J ~ ~~",,,.
~~) of Signer(s)
who proved to me on the basis of satisfactory evidence to be the person(s) whose name(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. 1············f ANNETTE M. ZAMORA
:@· -~-~ Notary Public - California z
::? · .• Los Angeles County ls:
z .. Commission #2181297 -
My Comm. Expires Feb 20, 2021
Place Notary Seal Above
I certify under PENAL TY OF PERJURY under the laws
of the State of California that the foregoing paragraph is true and correct.
WITNESS my hand and official seal.
Signatur~ ~ ~
Signature ot.taryPub/ic
----------------OPTIONAL----------------
Though this section is optional, completing this information can deter alteration of the document or fraudulent reattachment of this form to an unintended document.
Description of Attached Document
Title or Type of Document: _________ _ ___ Document Date: _______ _ Number of Pages: ___ Signer(s) Other Than Named Above: _______ _ ____ _ Capacity (ies) Claimed by Signer (s)
Signer's Name: _ ________ ___ _ Signer's Name: _ ______ _____ _ □ Corporate Officer - Title(s): _ _____ _ [1 Corporate Officer - Title(s): _ _____ _ □ Partner - □ Limited □ General □ Partner - □ Limited □ General □ Individual □ Attorney in Fact □ Individual □ Attorney in Fact □ Trustee □ Guardian or Conservator □ Trustee □ Guardian or Conservator · □ Other: ______ _____ ___ _ □ Othe r: ___ ______ _ ___ _ Signer Is Representing: _________ _ Signer Is Representing: _ _______ _ _ ,K,'g,"g,~'g,'C<,'g,~'g,'Q(,~'QCg;.'!X,~'<'.X.'g;,~~'g;,'g;,'G(;.~~-g;~-g;,'gj.'fil;,~~-g;.~~~ ©2014 National Notary Association· www.NationalNotary.org • 1-800-US NOTARY (1 -800-876-6827) Item #5907 307
EXHIBIT "A"
SCOPE OF SERVICES
I. Consultant will provide contract city engineering services, public works and inspection services, development review and control services, and engineering services for capital improvement projects for, and on behalf of, the City (collectively "Services''). The Services shall include, but not be limited to, the following:
A.
0 I I 35.0006/399383.2
City Engineering Services.
1. Consultant shall provide a highly qualified individual to serve as the City's contract City Engineer, who shall work out of City Hall an average of not less than 8 hours weekly and available on an as-needed basis for additional hours as approved by the Contract Officer.
2. Consultant shall provide a highly qualified individual to serve as the City's contract Deputy City Engineer (Senior Engineer IV classification), who shall work out of City Hall a minimum of 24 hours per week, 4 hours per day Monday through Thursday, and 8 hours on Friday.
3. Consultant, through its contract City Engineer, Deputy City Engineer, and/or other Consultant representatives, shall:
a. Attend meetings of the City Council/Successor Agency, Planning Commission, City staff, public officials, community leaders, developers, contractors, and the general public; and b. Analyze the City's needs and prepare, recommend and
administer long- and short range programs consistent with the economic capabilities of the City. This task would include the preparation of annual Capital Improvement Projects,
programmatic and budget components, for the City and the Successor Agency; and
c. Review and comment on planning programs and land
development projects; and
d. Provide general engineering consultation in connection with issues/services such as traffic congestion, street signage programs, water services, etc.; and
e. Recommend regulations and ordinances pertaining to
engineering matters; and
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f. Provide technical advice to the City's personnel assigned to public works maintenance activities; and
g. Advise the City regarding engineering, construction financing and grant funding opportunities available from other
governmental agencies and, when directed; and
h. Make recommendations pertaining to land development
project control; and
i. Establish working relationships and coordinate joint efforts with other public agencies and private utilities on engineering matters affecting the City.
4. Consultant shall provide a highly qualified individual to serve as the City's contract Traffic Engineer, who shall be at City Hall an average of not less than 4 hours weekly and available on an as-needed basis for additional hours as approved by the Contract Officer, and who shall:
a. Attend meetings of the City Council/Successor Agency, Planning Commission, City staff, public officials, community leaders, developers, contractors, and the general public; and b. Advise and assist the City Council Successor Agency, City's departments, commissions and committees and provide
interface with regional and State transportation agencies; and c. Assess the potential traffic impact of proposed development projects; and
d. When requested, prepare engineering reports for the City in response to requests for traffic control device installations and modifications, such as stop signs, crosswalks, traffic
channelization and speed zones; and
e. Prepare grant applications for funding from Federal, State and regional agencies for traffic safety studies and improvements; and
f. Identify, review and develop recommendations for corrective measures at locations experiencing accident rates higher than normally anticipated; and
g. Provide technical advice to City's staff in connection with the maintenance and operation of the City's traffic signal facilities. 309
B. Public Works Permit and Inspection. Consultant shall provide highly qualified individual(s) to perform public works permit and inspection related services including, but not limited to, the following:
1. Providing a qualified public works inspector at City Hall to handle public works permits and other engineering-related matters at the public counter; and
2. Assisting the City's Building and Planning staff in the receipt and processing of public works permit applications; and
3. Providing construction inspection services for permit work within the public right-of-way.
C. Development Review and Control Services. Consultant shall provide highly qualified individual(s) to perform development review and control services including, but not limited to, the following:
1. Reviewing proposed, tentative tract and parcel maps, site plans, and other submittals for development/redevelopment projects and make pertinent recommendations; and
2. Performing statutory functions of City Engineer concerning the review, check and approval of land divisions; and
3. Checking all improvement plans for facilities under the City's jurisdiction prepared by private developers; and
4. Establishing performance and labor and materials bond amounts when required and coordinate the posting of such securities within the proper time sequence; and
5. Providing field inspection during construction of improvements by private developers and recommend the filing of the pertinent notices of completion and acceptance of work; and
6. Providing such necessary and related functions as are normal practice of City's Engineering Office in the review of private development projects.
D. Engineering Services for Capital Improvement Projects. Consultant shall provide highly qualified individual(s) to perform engineering services for capital improvement projects including, but not limited to, the following:
1. Providing estimates for engineering and construction costs; and 0 l I 35.0006/399383.2
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2. Preparing engineering plans and specifications; and
3. Performing architect and engineer land surveys; and
4. Recommending contractor selection and monitor public works construction:
a. Preparing bids and supervise bid procedures per City, State and Federal procurement requirements as applicable; and b. Conducting pre-construction meetings; and
c. Preparing and administrate construction contracts; and d. Conducting on-site inspections to monitor compliance with plans and specifications.
5. Maintaining project records of specifications and addendums, procurement of contractors and construction monitoring. All original documents shall be kept in City Hall; and
6. Resolving disputes over contracts; and
7. Preparing progress and final payment reports to the City.
II. As part of the Services, Consultant will prepare and deliver the following tangible work products to the City:
A. All documents referenced in, or prepared in furtherance of the Services described in, Section I of this Exhibit "A"
III. In addition to the requirements of Section 6.2, during performance of the Services, Consultant will keep the City appraised of the status of performance by delivering the following status reports:
A. Monthly reporting of activities relating to the Services described in Section I of this Exhibit "A."
8. Annual repo11ing of activities relating to the Services described in Section I of this Exhibit "A."
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. As part of its Services, and at no cost to the City, Consultant shall provide City residents/students with engineering internship opportunities. Consultant will 01135.0006/399383.2
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manage the Engineering Internship Program and review applications of Bell students studying engineering. Consultant agrees to participate in additional Community Involvement programs that the City may have and will work with the City to make those programs a success.
VI. Consultant will utilize the following personnel as necessary to accomplish the Services. Any changes to the persons identified below shall first be approved by the Contract Officer in writing:
A. William Pagett, P.E., Director, serving as City Engineer B. Greg Lindsay, P.E., Deputy City Engineer, serving as Deputy City Engineer C. Marlene Miyoshi, Project Manager
D. Adel Freij, Deputy Director
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EXHIBIT "B"
SPECIAL REQUIREMENTS
(Superseding Contract Boilerplate)
Section 5.2, "General Insurance Requirements," is hereby amended and shall read as follows:
"5.2 General Insurance Requirements.
All of the above policies of insurance shall be primary insurance and, with the exceptions of professional liability insurance and workers compensation insurance, shall name the City, its elected and appointed officers, employees and agents as additional insureds and any insurance maintained by City or its officers, employees or agents may apply in excess of, and not contribute with Consultant's insurance. The insurer is deemed hereof to waive all rights of subrogation and contribution it may have against the City, its officers, employees and agents and their respective insurers. Moreover, the insurance policy must specify that where the primary insured does not satisfy the self-insured retention, any additional insured may satisfy the self insured retention.
All of said policies of insurance shall provide that said insurance may not be amended or cancelled by the insurer or any party hereto without providing thirty (30) days prior written notice by certified mail return receipt requested to the City. In the event any of said policies of insurance are cancelled, the Consultant shall, prior to the cancellation date, submit new evidence of insurance in conformance with Section 5 .1 to the Contract Officer.
No work or services under this Agreement shall commence until the Consultant has provided the City with Certificates of Insurance, additional insured endorsement forms or appropriate insurance binders evidencing the above insurance coverages and said Certificates of Insurance or binders are approved by the City. City reserves the right to inspect complete, certified copies of and endorsements to all required insurance policies at any time. Any failure to comply with the reporting or other provisions of the policies including breaches or warranties shall not affect coverage provided to City.
All certificates, with the exceptions of professional liability insurance and workers compensation insurance, shall name the City as additional insured (providing the appropriate endorsement) and shall conform to the following "cancellation" notice:
CANCELLATION:
SHOULD ANY OF THE ABOVE DESCRIBED POLICIES BE CANCELLED BEFORE
THE EXPIRATION DATED THEREOF, THE ISSUING COMPANY SHALL MAIL THIRTY (30)-DA Y ADVANCE WRITTEN NOTICE TO CERTIFICATE HOLDER NAMED HEREIN.
[to be initialed]
0l 135.0006/399383.2
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Consultant Initials
City, its respective elected and appointed officers, directors, officials, employees, agents and volunteers are to be covered as additional insureds as respects: liability arising out of activities Consultant performs; products and completed operations of Consultant; premises owned, occupied or used by Consultant; or any automobiles owned, leased, hired or borrowed by Consultant. The coverage shall contain no special limitations on the scope of protection afforded to City, and their respective elected and appointed officers, officials, employees or volunteers.
Consultant's insurance shall apply separately to each insured against whom claim is made or suit is brought, except with respect to the limits of the insurer's liability.
Any deductibles or self-insured retentions must be declared to and approved by City. At the option of City, either the insurer shall reduce or eliminate such deductibles or self-insured retentions as respects City or its respective elected or appointed officers, officials, employees and volunteers or the Consultant shall procure a bond guaranteeing payment of losses and related investigations, claim administration, defense expenses and claims. The Consultant agrees that the requirement to provide insurance shall not be construed as limiting in any way the extent to which the Consultant may be held responsible for the payment of damages to any persons or property resulting from the Consultant's activities or the activities of any person or persons for which the Consultant is otherwise responsible nor shall it limit the Consultant's indemnification liabilities as provided in Section 5.3.
In the event the Consultant subcontracts any portion of the work in compliance with Section 4.5 of this Agreement, the contract between the Consultant and such subcontractor shall require the subcontractor to maintain the same policies of insurance that the Consultant is required to maintain pursuant to Section 5.1, and such certificates and endorsements shall be provided to City."
Subsection (c) of Section 5.3, "General Insurance Requirements," is hereby amended and shall read as follows:
"5.3 Indemnification.
To the full extent permitted by law, Consultant agrees to indemnify, defend and hold harmless the City, its officers, employees and agents ("Indemnified Parties") against, and will hold and save them and each of them harmless from, any and all actions, either judicial, administrative, arbitration or regulatory claims, damages to persons or property, losses, costs, penalties, obligations, errors, omissions or liabilities whether actual or threatened (herein "claims or liabilities") that may be asserted or claimed by any person, firm or entity arising out of or in connection with the negligent performance of the work, operations or activities provided herein of Consultant, its officers, employees, agents, subcontractors, or invitees, or any individual or entity for which Consultant is legally liable ("indemnitors"), or arising from Consultant's or indemnitors' reckless or willful misconduct, or arising from Consultant's or indemnitors' negligent performance of or failure to perform any term, provision, covenant or condition of this Agreement, and in connection therewith:
0l 135.0006/399383.2
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(a) Consultant will defend any action or actions filed in connection with any of said claims or liabilities and will pay all costs and expenses, including legal costs and attorneys' fees incurred in connection therewith;
(b) Consultant will promptly pay any judgment rendered against the City, its officers, agents or employees for any such claims or liabilities arising out of or in connection with the negligent performance of or failure to perform such work, operations or activities of Consultant hereunder; and Consultant agrees to save and hold the City, its officers, agents, and employees harmless therefrom;
(c) In the event the City, its officers, agents or employees is made a party to any action or proceeding filed or prosecuted against Consultant for such damages or other claims arising out of or in connection with the negligent performance of or failure to perform the work, operation or activities of Consultant hereunder, Consultant agrees to pay to the City, its officers, agents or employees, any and all costs and expenses incurred by the City, its officers, agents or employees in such action or proceeding, including but not limited to, legal costs and attorneys' fees in proportion to Consultant's proportion of fault.
Consultant shall incorporate similar indemnity agreements with its subcontractors and if it fails to do so Consultant shall be fully responsible to indemnify City hereunder therefore, and failure of City to monitor compliance with these provisions shall not be a waiver hereof. This indemnification includes claims or liabilities arising from any negligent or wrongful act, error or omission, or reckless or willful misconduct of Consultant in the performance of professional services hereunder. The provisions of this Section do not apply to claims or liabilities occurring as a result of City's sole negligence or willful acts or omissions, but, to the fullest extent permitted by law, shall apply to claims and liabilities resulting in part from City's negligence, except that design professionals' indemnity hereunder shall be limited to claims and liabilities arising out of the negligence, recklessness or willful misconduct of the design professional. The indemnity obligation shall be binding on successors and assigns of Consultant and shall survive termination of this Agreement."
01135.0006/399383.2
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EXHIBIT "C"
SCHEDULE OF COMPENSATION
I. Consultant shall perform and complete the categories of Services identified in Section I of Exhibit A based on the following annual sub-budgets using the rates set forth in Exhibit "C-1" and, as applicable, Exhibit "C-2":
Services Sub-Budget
City Engineering Services $375,000.00
Public Works Permit and Inspection Services $65,000.00
Development Review and Control Services $15,000.00
Engineering Services for Capital $230,000.00
Improvement Projects
Annual Budget $685,000.00
II. Within the budgeted amounts identified in Section II above, and with the approval of the Contract Officer, funds may be shifted from one sub-budget to another so long as the 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, 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 Two Million Fifty Five Thousand Dollars and No Cents ($2,055,000.00) (the "Contract Sum"), as provided Ol 135.0006/399383.2
316
in Section 2.1 of this Agreement, with an annual not-to-exceed amount of Six Hundred Eight Five Thousand Dollars and No Cents ($685,000.00) per year. 0l 135.0006/399383.2
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EXHIBIT "C-1"
HOURLY RATES OF SPECIFIC PERSONS ASSIGNED TO THE CITY
Title Name of Individual
Director
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318
EXHIBIT "C-2"
GENERAL CONSULTANT RATES
FOR PERSONNEL AS MAY BE NEEDED ON A CASE BY CASE BASIS
AND PRE-APPROVED BY THE CONTRACT OFFICER
01135.0006/399383.2
319
" WILLDAN I
ENGINEERING
Technical Aide I $ 60.00
Technical Aide II 77.00
Technical Aide 111 95.00
Drafter I 96.00
Drafter II 112.00
Senior Drafter 124.00
GIS Analyst I 129.00
GIS Analys t 11 146.00
GIS Analystlll 160.00
Designer I 129.00
Designe r II 134.00
Senior Designer I 141.00
Senio r Designer II 148.00
Assistant Engineer I 102.00
Assista nt Engineer II 122.00
Assistan t Engineer Ill 128.00
Assistant Engineer IV 133.00
Associate Engint.-er I 135.00
Associate Engint.>cr II 142.00
Associate Engineer Ill 149.00
Design Manager 151.00
Senior Design Manager 157.00
Senior Engineer I 1S2.00
Senior Engineer II 155.00
Senior Engineer Ill 161.00
Senior Engineer IV 165.00
Supervising Engineer 178.00
Project Manager I 130.00
Project Manager II 158.00
Project Manager Ill 175.00
Project Manager IV 185.00
Program Manager 185.00
rrafflc Engineer I 176.00
rraffi c Engineer II 185.00
City Engineer I 185.00
City Engineer II 185.00
Princip al Project Manager 185.00
Deputy Directo r 180.00
Olrt.sctor 180.00
Princl i al En~inecr 180.00
11·!~1t«i·iti·idiiliii,liJd
Assistant Landscape Architect S112.00
Associa te Landscape Archi tect 129.00
Senior Landscape Architect 141.00
Principa l Landscape Archi tect 160.00
Principal Project Manage r 185.00
WILLDAN ENGINEERING
Schedule of Hourly Rates
CONSTRUCTION MANAGEMENT
Labor Comp liance Specialist
Labor Compliance Manager
Utility Coordinator
Assistant Construction ManaBcr
Construction Manager
Senior Construction Manager
Project Manager IV
Deputy Directo r
Director
INSPECTION SERVICES
Public Works Observe r 1•
Public Works Observe r 11•
Senior Public Works Observe r 1•
Senior Public Works Observer II'
Senior Public Works Observer 111·
Senior Public Works Observer IV'
Senior Public Works Observer v·
$107.00
134.00
141.00
134.00
157.00
165.00
185.00
185.00
185.00
$83.00
91.00 99.00
110.00
119.00
U6.00
134.00
MAPPING ANO EXPERT SERVICES
Survey Analys t I
Survey Analy st II
Calculator I
Calculator II
Calculator Ill
Senior Survey Analys t
Supervisor - Survey & Mapping
Principal Project Manag er
BUILDING ANO SAFETY
Assistant Code Enforcement Offic er
Plans Examiner Aide
Assistant Construction Permit
Specialist
Construct ion Penni! Specialist
Code Enforcement Offic er
Assistant Building Inspector•
Senior Code Enforceme nt Officer
s~nior Construct ion Permi t
Specialist
Supervising Const ruction Permit
Specialist
Building Inspec tor•
Supervisor Code Enforcement
Senior Building Inspector
Plans Examiner
$112.00
129.00
112.00
124.00
135.00
146.00
165.00
185.00
$ 7 9.00
85.00 95.00
90.00 90.00
107.00
112.00
112.00
118.00
118.00
129.00
129.00
129.00
ElfecHveJune 12, 2017toJune30. 2018
UIL0ING ANO SAFElY
Supervising Uulldlng Inspector
Senior Plans Examiner
Inspector of Record
Deputy Uullding Olliclal
Plan Check Engine-er
Building Official
Supervising Plan Check Engineer
Principal Project Manager
Deputy Director
Director
LANNING
Community Development 'fechnlclan
Planning Technician
<lsslstant Planner
4ssistant Community Developmen t
Planner
._, soclate Community Development
Planner
4ssocla tc Planner
Senior Community Development
Planner
Senior Planner
Principa l Commun ity Development
Plan ner
Principa l Planner
Planning Manager
Deputy Director
Director
OMINISTRATIVE SUPPORT
6-dmlni, traliv e Assistant I
4dmlnis trativc Assistant II
~dmlnlstrativc Assistant Ill
Project Accountan t I
Project Accountant II
ProjL'CI Controller I
ProjL'CI Controller II
$141.00
155.00
155.00
155.00
155.00
160.00
160.00
185.00
185.00
185.00
$95.00
95.00 118.00
118.00
129.00
129.00
146.00
146.00
160.00
160.00
180.00
185.00
185.00
S 70.00
85.00 99.00
80.00 93.00
99.00 112.00
Mileage reimbursement will be charged at the current Federal guideline rate at the time of billing , Vehides will be cha rged at a monthly rate of $500.00.
• S138 per hour For Prevailing Wage Protect
Additional billing classifications may be added to the above listing during the year as new positions are created . Consultation In connection with litigatk>n and court appearan ces will be quoted separately . The above schedule is for strc1ight time . overtime will be charged at 1.5 times, and Sundays and holidays, 2.0 times the standard rates. Bluep rinti ng. reproduction, messenger services, and printing will be Invoiced at cost plus fifteen percent (1S%). A sub consultant manar,ement lee or rilteen percent (15%) w,11 be added to the direct cost or all sub consultant services to provide for the cost of .1dministration, consultation , and coordinat ion. Valtd June 12, 2017 thru June 30, 2018, thereafter, the rate!. may be raised once per year to the value of change of the Consumer Price Index for the Los Angeles/Orang e County/5.:lcramento/San Franetsco/San Jose area, but not more than five percent per year.
COMPRE HENSIVE. INNOVAT IVE. TRUSTED. w:
Exhibit C-2
320
WILLDAN I
TECHNICAL STAFF
---.-•""·"'- ~;-:;;,~·"'"1'5_'J';x'~'[,.,-m-,-.. =1::~• ; Geotechnical ~~,~s;~fr,"t<f];.;mn{.'!;-'4'.<'t.-!ii.il~.
Soil Technician (Non-prevailing Wages)
Sr. Soil Technician (Non -prevailin g Wages)
Soil Technician (Prevailing Wages)
Sr. Soil Technician (Prevailing Wages)
Assistant Engineer Ill
Associate Engineer II
Senior Engineer Ill
Assistant Geologi st Ill
Associate Geologist II
Senior Geologist Ill
Supervising Engineer/Geotechnica I
Engineer/Geologist
Principa I Engineer /Geologi st
82.00 92.00
112.00
112.00
128.00
142.00
161.00
118.00
142.00
161.00
178.00
18S.OO
ecial Ins ection (Concrete, Structural Steel, Welding) .-, Special Inspection (Non-Prevailin g Wages)
Special Inspection (Prevailin g Wages)
Supervisor
Constructi on Material Engineer
76.00 112.00
127.00
161.00
WILLDAN GEOTECHNICAL
Fee Schedule-Personnel
Effec tive June 12. 2017 to June 30. 2018
ADMINISTRATIVE
Administrative Assistant I
Administrative Assistant II
Administra tive Assistant Ill
Senior Drafter/CAD Operator
EXPERT WITNESS
Principal Engineer/Geologist
70.00 85.00
99.00 124.00
350.00
atf assignments depend on availability of personnel. site locat ion, and the level of experience that will satisfy the technical requiremen ts of the project and eet the prevailing standard of professional care. The above schedule is for straigh t time . Overt ime will be charged at l.Stimes , and Sundays and holidays, .0 t imes the standard rat es. Travel tim e to and from t he job site will be charged at t he hourly rates for the appropriate perso nnel. Blueprinti ng, reproduction , essenger services, and printing will be invoiced at cost plu s fifteen percent (15%). A subconsultant management fee of fifteen percent (15%) will be added to e direct cost of all subconsultant services to provide for t he cost of admin istra tion, consultation, and coordination . Mileage/Fie ld Vehicle usage will be arged at t he rate in accordance with the current FTR mileage reimbursement rate . subject to nego tiation. These labor billing rates will be subjected to a 4% nnual escalation and will be automat ically adjusted in the Invoices.
CO MPREHENSIVE. INN OVATIVE. TRUSTED. -
Exhibit C-2
321
W,w1LLDAN I
IDENTIFICATION AND INDEX PROPERTIES
In-Situ Moisture and Density (ASTM 02937)
Grain Size Analysls (ASTM 0422)
Sieve Only (3" to #200)
One Point
Specific Gravity (ASTM D854)
Sand Equivalent (ASTM D2419)
Percent Passing #200 Sieve (ASTM 01140)
Atterberg Limits (ASTM 04318) Mufti Point
Sieve and Hydrometer
COMPACTION AND BEARING STRENGTH
Modified Proctor Compaction (ASTM 01557)
Method A or B (4" Mold)
Method A or B (6" Mold)
Compaction, California 216
R-Value
Californla Bearln g RatioCBR (ASTM 01883)
3 points
SHEAR STRENGTH
Torvane/Pocket Penetrometer
Direct Shear- per point
Consolidated-Drained per pt. (ASTM 03080)
Residual per pt
Unconfined Comp ression (ASTM D2166)
Unconsolidated-Undrained (UU)
ASPHALT TESTS
Wash Gradation
Extraction/Asphalt
Hveem/Marsha ll Maximum Density
20.00 70.00
75.00 75.00
75.00 50.00
110.00
120.00
165.00
175.00
180.00
250.00
450.00
15.00 85.00
120.00
120.00
150.00
100.00
185.00
220.00
WILLDAN GEOTECHNICAL
Laboratory Fees
Effective June 12, 2017 toJune30. 2018
CONSOLIDATION/COLLAPSE AND SWELL TESTS
Additional load increment
Additional Time rate per load Increment
Slngle point (collapse test)
Remolded sample per specimen
Single Load Swell (ASTM 04S46)
Ring sample, field moisture
Ring sample, air dried
Expansion Index (ASTM D4829/UBC 29-2)
Consolidat ion (ASTM 02435)
8 load Increments w/one time-rate
LABORATORY PERMEABILITY
Constant Head (ASTM 02434)
Falling Head Rexlble Wall (ASTM 05084)
Trlaxial Permeability (EPA 9100)
CHEMICAL TESTS
Organic content (ASTM D2974)
Corrosivlty (pH, resistiv ity, sulfate s, chlorldes)
CONSTRUCTION MATERIAL TESTING
Concrete Test Report
6 X12 Concrete Cytlnder (C39)
2", 4", 6" Diameter Concrete Cores (Test Only)
M ortar and Grout, Cylinder and CUbes
Cylinders Pick-up
Reinforcing Steel, Tensile and Bend Tests
25.00 50.00
50.00 70.00
70.00 125.00
160.00
235.00
285.00
330.00
70.00 165.00
12.00 25.00
25.00 25.00
45.00 60.00
Unit ra tes presented are for routinely performed geotechnial a nd construction material laborato ry tett:s. Other te:ru can be performed in our laboratory , in dud in£ roclc coro, ~ii ce ment. and soil licno tests . Additional tests wil be quoted on request. The rate~ will remain firm for .a period of 120 d.a~ from the data of thi:. submitta l. Unit rate s: presented herein a ssume samples ;are unconta minilted and do not contain hea•,y matab:, acKk, cardnogons, or vol.a tile oraaniccompound s that an be ma nu rad by iln OVA or PIO with concentrat K:lns crc::ater th.In SO ppm. Willdan will not accep t con t-1min.atcd sampkl s. Uncon taminited samples wil be disposed of 30 days after presentation of test results . The rate s will be :;ubiocted to a 4% annu al esal.at ion and wil be automaticady adjusted in tha invoices.
COMPREHENS IVE. INNOVATIVE. TRUSTED. w
Exhibit C-2
322
W,w1LLDAN I
TECHNICAL STAFF
Assistant Analyst
Analyst
Senior Analyst
Senior Project Analyst
Project Manager
Senior Project Mana ger
Principal Consultant/ Managing Principal
Group Man ager
WILLDAN FINANCIAL
Schedule of Hourly Rates
Effective June 12, 2017 to June 30, 2018
$ 75.00
100.00
120.00
130.00
145.00
165.00
200.00
210.00
M ileage rcimour!i;Cment wi1I be cha,ged al the current FcdC'1"31 cu'.cJe'ine · ate at the lime of billing Vehid ci will be charged at a month ly rate of $500. 00. • P1ev,.11!in11: Wage Project, U\C Sl 16.00
Additional billing classificat ions may be added to the above listing durinR the year as new positions are created. Consultation In connection with litigat ion and court appearances will be quoted separately. The above schedule is for straiRht time. Overtime w,11 be charged at 1.5 times, and Sundays and holidays, 2.0 times the standard rates. Blueprint ing, reproduction, messenRer services, and prlntinr. will be invoiced at cost plus fifteen percent 115%). A sub consultant management fee of fifteen percent (15%) w,11 be added to the direct cost of all sub consultant services to provide for the cost of admi nistration, consultation, and coordination. Valid July 1, 2014 thru June 30, 2015, thereafter , the rates may be raised once per year to the value of change of the Consumer Price Index for the l os Angeles/Orange County/Sacramento/San Francisco/San Jose area, but not more than five percent per \'ear.
COMPREHENSIVE. INNOVATIVE. TRUSTED. «
Exhibit C-2
323
EXHIBIT "D"
SCHEDULE OF PERFORMANCE
I. Unless earlier terminated in accordance with Article 7 of this Agreement, this Agreement shall continue in full force and effect until June 30, 2020. The City Council, in its sole and absolute discretion, shall have the option to extend the term of the Agreement with up to two (2) one-year extensions thereafter upon the same terms and conditions.
II. Consultant shall perform the Services described in Section I.A of Exhibit A timely in accordance with the following schedule:
City Engineerine Services Timeframe for Completion
All Duties set forth in Section A of Section I of Exhibit As directed by the Contract "A" Officer
Public Works Permit and Inspection Services '·. :-Tiinefratne.·for.CompJeti.01f · All Duties set forth in Section B of Section I of Exhibit As directed by the Contract "A" Officer
Development Review and Control Services Timeframe for Completion All Duties set forth in Section C of Section I of Exhibit As directed by the Contract "A" Officer
Engineering Services for Capital Improvement Projects
All Duties set forth in Section D of Section I of Exhibit As directed by the Contract "A" Officer
III. The Contract Officer may approve extensions for performance of the services in accordance with Section 3.2.
Ol 135.0006/399383.2
,.
324
01135.0006 2009615.2 1
Attachment 3
AMENDMENT NO. 7
TO AGREEMENT FOR CONTRACTUAL SERVICES
THIS AMENDMENT TO THE AGREEMENT FOR CONTRACTUAL SERVICES (“Amendment No. 7”) by and between the CITY OF BELL (“City”) and WILLDAN ENGINEERING, INC., a California corporation (“Consultant”) is effective as of the 25th day of June 2025.
RECITALS
A. City and Consultant entered into that certain agreement for Contractual Services dated August 23, 2017 ("Initial Agreement") whereby Consultant agreed to provide city engineering services, public works and inspection services, development review and control services, and engineering services for capital improvement projects (the "Services") through June 30, 2020, for a Contract Sum of $2,055,000, with an annual not-to-exceed amount of $685,000.
B. City and Consultant entered into Amendment No. 1 to the Initial Agreement, dated July 24, 2019, Amendment No. 2 to the Initial Agreement, dated May 13, 2020, Amendment No.3, dated June 23, 2021, Amendment No. 4, dated June 8, 2022, Amendment No. 5, dated May 24, 2023, and Amendment No. 6, dated June 12, 2024 (the Initial Agreement, as amended is collectively referred to as the "Agreement" herein) increasing the compensation due to additional services and projects and extending the term of the Agreement to June 30, 2025.
C. The City and Consultant now desire to extend the term of the Agreement and provide for the extension of the Agreement.
D. By this Amendment No. 7, the City desires to extend the Agreement through June 30, 2026 and increase the annual not-to-exceed amount to $ 987,380 and the maximum compensation from $8,998,695 to $9,986,075.
E. The total maximum compensation of $9,986,075 is comprised of the actual cost already paid for services between August 23, 2017 and June 30, 2019 ($1,656,000); the actual cost already paid for services, the outstanding unpaid balance for services incurred, and the estimated balance for services requested by the City between July 1, 2019 and June 30, 2020 ($1,450,267); the actual cost of services between July 1, 2020 and June 30, 2021 ($1,800,000); the actual cost of services between July 1, 2021 and June 30, 2022 ($1, l 05,000); the actual cost for services between July 1, 2022 and June 30, 2023 ($1,073,578); the actual cost for services between July 1, 2023 and June 30, 2024 ($920,540) ; the estimated cost for services between July 1, 2024 and June 30, 2025 ($993,310); and amount projected to be incurred between July 1, 2025 and June 30, 2026 ($987,380).
TERMS
1. Contract Changes. The Agreement is amended as provided herein. Deleted text is indicated in strikethrough and added text in bold italics.
325
01135.0006 2009615.2 2
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 Eight Million Nine Hundred Ninety Eight Thousand Six Hund red Ninety-Five Dollars and No Cents ($8,998,695) Nine Million Nine Hundred Eighty-Six Thousand Seventy-Five Dollars and No Cents ($9,986,075.00) (the "Contract Sum"), unless additional compensation is approved pursuant to Section
1.8."
b. Section 3.4, "Term," is hereby amended and shall now read as follows:
"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 nine (9) years five (5) years from the date hereof, except as otherwise provided in the Schedule of Performance (Exhibit "D")."
c. Exhibit "C," "Schedule of Compensation," Section I., is hereby amended and shall now read as follows:
Services Sub-Budget
City Engineering Services $264,000.00 $284,700.00
Public Works Permit and Inspection Services $52,000.00 $53,820.00 Development Review and Control Services $15,000.00 $28,615.00 Engineering Services for Capital Improvement
Projects
$649,310.00 $620,245.00
Annual Budget $993,310.00 $987,380.00
d. Exhibit “C,” “Schedule of Compensation, “Section IV., is hereby amended and shall now read as follows:
"The total compensation for the Services shall not exceed Eight Million Nine Hundred Ninety Eight Thousand Six Hundred and Ninety -Five Dollars and No Cents ($8,998,695) Nine Million Nine Hundred Eighty-Six Thousand Seventy-Five Dollars and No Cents ($9,986,075.00), as provided in Section 2.1 of this Agreement with an annual not -to-exceed amount of Six Hundred Eight y Five Thousand Dollars and No Cents ($685,000.00) per year for FY 2017-2018, a not-to exceed amount for FY 2018-2019 of $971,000 (Nine Hundred Seventy -One Thousand Dollars), a not -to-exceed amount for FY 2019 -2020 of $1,450,267 (One Million Four Hundred Fifty Thousand Two Hundred Sixty Seven Dollars, a not-to-exceed for FY 2020-202 l of $1,800,000 (One Million Eight Hundred Thousand Dollars), a not -to-exceed for FY 2021-2022 of $1,105,000 (One Million One Hundred Five Thousand Dollars), a not -to-exceed for FY 2022-2023 of $1,073,578 (One Million Seventy-Three Thousand Five Hundred Seventy -Eight Dollars), a not-to-exceed for FY 2023-2024 of $920,540 (Nine Hundred Twenty Thousand Five Hundred Forty Dollars), and a not- to-exceed for FY 20 24-2025 of Nine Hundred Ninety Three Thousand Three Hundred and Ten Dollars ($993,310), and a not -to-exceed for FY 2025 -2026 of Nine Hundred Eighty-Seven Thousand Three Hundred Eighty Dollars and No Cents ($987,380.00)."
326
01135.0006 2009615.2 3
e. Exhibit “D," "Schedule of Performance," Section I., is hereby amended and shall now read as follows:
"Unless earlier terminated in accordance with Article 7 of this Agreement, this Agreement shall continue in full force and effect until June 30, 202 56. The City Council, in its sole and absolute discretion, shall have the option to extend the term of the Agreement with up to seven (7) four (4) one-year extensions thereafter upon the same terms and conditions. The City shall provide the Consultant sixty (60) days’ written notice of its desire to extend the Agreement for one additional year."
2. Continuing Effect of Agreement. Except as amended by this Amendment No. 7, all provisions of the Agreement shall remain unchanged and in full force and effect. From and after the date of this Amendment No. 7, whenever the term "Agreement" appears in the Agreement, it shall mean the Agreement, as amended by this Amendment No. 7 to the Agreement.
3. Affirmation of Agreement; Warranty Re Absence of Defaults. City and Consultant each ratify and reaffirm each and every one 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 a s 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 No. 7, 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 No. 7, 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 No. 7.
5. Authority. The persons executing this Amendment No. 7 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 No. 7, such party is formally bound to the provisions of this Amendment No. 7, and (iv) the entering into this Amendment No. 7 does not violate any provision of any other agreement to which said party is bound.
[SIGNATURES ON FOLLOWING PAGE]
327
01135.0006 2009615.2 4
IN WITNESS WHEREOF, the parties hereto have executed this Amendment No. 7 to the 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
CONTRACTOR:
Willdan Engineering, Inc., a California
corporation
By: _______________________
Name: Vanessa Munoz
Title: President
By:
Name:
Title:
Address: 24701 E. Katella Avenue,
Suite 300 Anaheim, CA 92806
Two corporate officer signatures required when Contractor 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. CONTRACTOR’S SIGNATURES
SHALL BE DULY NOTARIZED, AND APPRO PRIATE ATTESTATIONS SHALL BE INCLUDED AS
MAY BE REQUIRED BY THE BYLAWS, ARTICLES OF INCORPORATION, OR OTHER RULES OR REGULATIONS APPLICABLE TO CONTRACTOR’S BUSINESS ENTITY.
328
01135.0006 2009615.2 5
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 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
329
May 13, 2025
Mr. Michael Antwine
City Manager
City of Bell
6330 Pine Avenue
Bell, CA 90201
Subject: Agreement for Contract Services
Dear Mr. Antwine:
Willdan Engineering (Willdan) is pleased to continue providing as-needed professional services to the City of Bell under our current Agreement for Contract Services (Agreement). We understand that the current Agreement expires on June 30, 2025, and the City is planning to extend it for one more year (Fiscal Year 2025-26) with an option for an additional one-year (Fiscal Year 2026-27). For the duration of the contract extension, Willdan is committed to providing the same scope of services and maintaining the same schedule of hourly rates as shown in the current Agreement.
Our firm has over six decades of experience providing a wide range of professional engineering services to local government agencies throughout Southern California and the Western United States, including: city engineering, staff augmentation, civil and traffic engineering, landscape architectural design, water/waste water engineering, structural design, project management, funding administration, grant writing, project approval/environmental design (PA/ED), environmental documentation and approval, stormwater and NPDES compliance, right-of-way engineering, planning, building and safety, utility coordination and relocation design, survey, geotechnical engineering, construction management and inspection, federal and state labor compliance, assessment district engineering, plan check, and material testing. Because we focus solely on the needs of the public sector, we have a perspective on public agency issues that is unique among private consulting firms.
Following is the breakdown of the estimated fees for FY 2025-26:
City Engineering Services $284,700
Public Works Permits 53,820
Development Review & Plan Check 28,615
CIP Project Services 620,245
Total Estimated Fee $987,380
330
May 13, 2025
Thank you for giving us the opportunity to continue providing services to the City of Bell.
If you have any questions, please contact me at (562) 760-7752 or [email protected].
Respectfully submitted,
WILLDAN ENGINEERING
Adel M. Freij, P.E.
Director - Engineering
331
FY26 PROPOSED CIP
CIP # Project Name
FY 25/26
PROPOSED
BUDGET
1 3062 Pritchard Park Proj - Prop 68 Grant $4,760,113
2 7001 Traffic Signal Battery Backup Proj $5,000
3 7058 Stormwater (BMP) ($450,000) $350,000
4 7147 Calif High-Speed Rail - State Proj
(existing facilities eng review) $10,000
5 7151 FY 24/25 Street Improvement $1,019,349
6 7180 Traffic Signal Equip Upgrade (28
intersections) $1,401,049
7 7181 Florence/Slauson Bridge Maint Proj - LA
County Proj $20,000
8 7182 Gage Ave Bridge Prelim Design $1,947,782
9 7068 Randolph Corridor MAT $42,188
10 7199 Emergency Street Repair (Sinkhole) $35,000
11 7197 PMP $3,700
12 7196 Emergency Street Repair $75,000
13 NEW -7190 Street Improvement (FY26) (SB1) $895,566
14 NEW -7191 Sidewalk Improvement Project (FY26) $250,000 15 NEW -7192 Pedestrian Improvements FY25 $100,000
16 NEW -7193 Slurry Seal Project (FY26) $250,000
17 NEW -7194 Regional Aerial Imagery $25,000
18 NEW -7195 Street Improvement (FY26) (non-SB1) $1,500,000 TOTAL $12,689,747
332
UNDER SEPARATE COVER
AGENDA ITEM NO. 10
10. Approval of a Purchase and Sale Agreement between the City of Bell and Mr. Mohamad and Mrs. Cecilia Khalil for certain real property located at 6502 Flora Avenue. (City Council)
Recommendation: It is recommended that the City Council read by title only, waive further reading and adopt Resolution 2025-35 titled:
A RESOLUTION OF THE CITY COUNCIL OF THE OF THE CITY OF
BELL APPROVING A PURCHASE AND SALE AGREEMENT WITH
MUHAMMAD KHALI AND CECILIA KHALIL FOR CERTAIN
PROPERTY LOCATED AT 6502 FLORA AVENUE IN THE CITY OF
BELL
333
AGENDA ITEM 11
City of Bell
Agenda Report
DATE: June 25, 2025
TO: Mayor and Members of the City Council
FROM: Javier Ochiqui, Assistant to the City Manager
APPROVED Michael L. Antwine II (e-signature)
BY: ________________________________
Michael L. Antwine II, City Manager
SUBJECT: Authorization for the Purchase of Microsoft Office 365
RECOMMENDATION:
It is recommended that the City Council authorize the purchase of Microsoft Office 365, through Intelli-Tech for the period of June 2025 to June 2026. This acquisition will continue to enhance our productivity, improve collaboration, and ensure we have access to the latest tools and security features.
BACKGROUND:
The City of Bell has used Microsoft Office 365 since 2018 . The Microsoft renewal purchase, through Intelli-Tech, will provide a seamless continuation of all the existing Microsoft products to our workforce. Intelli-Tech has been providing services for over 11 years, and we would like to continue using them since they provide the following:
• Competitive pricing
• Great customer service
• Assist with multiple services and projects
• Provide additional quotes when needed
• Microsoft authorized vendor on file
DISCUSSION:
Microsoft Office 365 is a cloud-based suite of productivity tools that includes applications such as Word, Excel, PowerPoint, Outlook, and Teams. It offers robust features for document creation, data analysis, communication, and collaboration, which are essential for the efficient operation of our organization. Our current agreement with Intelli-Tech expires on July 1, 2025.
Staff solicited proposals for Microsoft Office 365, and the city received the following two (2) proposals:
Quote Vendor Name Annual
Cost
1 Intelli-Tech $47,772.00
2 Zones $54,982.49
334
AGENDA ITEM 11
Benefits of Microsoft Office 365:
1. Productivity and Collaboration:
i. Real-Time Collaboration: Multiple users can work on the same document simultaneously.
ii. Access Anywhere: Cloud-based services allow staff to access files and applications from any location with internet connectivity. iii. Integrated Tools: Seamless integration between Office apps and other Microsoft services such as OneDrive and SharePoint.
2. Security and Compliance:
i. Advance Security Features: Built- in security measures protect against data breaches and cyber threats.
ii. Regular Updates: Automatic updates ensure that all users have the latest security patches and software versions.
iii. Compliance: Helps our organization meet regulatory compliance requirements through features like data loss prevention and encrypted email.
3. Cost Efficiency:
i. Subscription Model: Flexible pricing options allow for scalable solutions that can grow with the organization.
ii. Reduced IT Overhead: Cloud services reduce the need for extensive on-premises IT infrastructure.
FISCAL IMPACT:
The total cost for Microsoft Office 365 is estimated at $47,772.00. The expenditure will be covered under the current General Fund - Finance Department budget allocation for Outside Professional Services.
ATTACHMENTS:
1. Zones Quote
2. Intelli-Tech Quote
335
Quote Date: 28/04/2025
Customer: CITY OF BELL
CRM Account Number: 7067676
Quote Author: John Davis Email: [email protected]
AM: Bill Younas Email: [email protected]
Created by: See Author or AM Above
Cloud Solution Provider New Commerce Experience (CSP NCE) Part # Item Name Unit Type Client Type Quantity Annuals Quoted Price Total
011637960 NEW NCE Office 365 E1 (no Teams) P1Y-Annual Annual PaymentNON-SPECIFIC 161 1 81.33$ 13,094.13$ 011637915 NEW NCE Microsoft Teams Enterprise P1Y-Annual Annual PaymentNON-SPECIFIC 161 1 55.26$ 8,896.86$ 011637965 NEW NCE Office 365 E3 (no Teams) P1Y-Annual Annual PaymentNON-SPECIFIC 121 1 216.88$ 26,242.48$ 011637915 NEW NCE Microsoft Teams Enterprise P1Y-Annual Annual PaymentNON-SPECIFIC 121 1 55.26$ 6,686.46$ 009666036 NEW NCE Microsoft Entra ID P1 P1Y-Annual Annual PaymentNON-SPECIFIC 1 1 62.56$ 62.56$ 003911474 NEW 24x7 Admin Technical Support - Add-on licenses & Standalone Products 0 Tech support 1 -$ -$ 54,982.49$
**All Microsoft pricing is contingent upon purchased quantities, this is strictly an estimated forecast. **Azure pricing is contingent upon actual consumption, this is strictly an estimated forecast. **DropBox minimum license quantity is 3** NO EXCEPTIONS Technical Support
Annual Commitment (P1Y)
Annual Billings
Annual Expected Payment (Regular)
Services
336
1652 Yeager Avenue
La Verne, CA 91750
(909) 394-5188 DATE
fax (909) 394-5190 04/04/25
BILLING
City of Bell
6330 Pine Avenue
Bell, CA 90201
Attn: Accounts Payable
SHIP TERMS
City of Bell Net 30
6330 Pine Avenue FOB
Bell, CA 90201
Attn: Hector Martinez
# Qty Part No. Description ETA Price Extended
1 165 C0LF8Q-0001-1Y Microsoft Office 365 (Plan E1) License, Annual, 1-Yr 3-5 Days 108.00$ 17,820.00$ Renewal Dates 6/16/2025 to 6/15/2026. Legacy includes MS Teams. 2 121 C0LF8R-0001-1Y Microsoft Office 365 (Plan E3) License, Annual, 1-Yr 3-5 Days 247.00$ 29,887.00$ Renewal Dates 6/16/2025 to 6/15/2026. Legacy includes MS Teams. 3 1 C0LFLS-0002-1Y Microsoft Entra ID P1 License, Annual, 1-Yr 3-5 Days 65.00$ 65.00$ Renewal Dates 6/16/2025 to 6/15/2026
Sub-total 47,772.00$
Tax 10.25% -$
Shipping (estimated) -$
NOTE: ALL CUSTOM ORDERS ARE NON-CANCELABLE/NON-RETURNABLE E-waste -$ NOTE: PRICING AND AVAILABILITY IS SUBJECT TO CHANGE WITHOUT NOTICE Grand Total 47,772.00$ NOTE: PRICING IS CONTINGENT ON QUANTITY QUOTED ABOVE
QUOTE
QUOTATION NO.
HM033125A-KP
CONTACT ACCOUNT TEAM
Hector Martinez Kevin Praeger
(714) 409-3811 (909) 394-5188 x4515
[email protected] [email protected]
PURCHASE ORDER NO
RFQ #
DEPARTMENT
337
AGENDA ITEM 12
City of Bell
Agenda Report
DATE: June 25, 2025
TO: Mayor and Members of the City Council
FROM: Angela Bustamante, City Clerk
Javier Ochiqui, Assistant to the City Manager
APPROVED Michael L. Antwine II (e-signature)
BY: __________________________________
Michael L. Antwine II, City Manager
SUBJECT: Consideration to Approve Amendment No. 1 with Municipal Translation Inc. for Translation and Interpretation Services at Council and Commission meetings.
RECOMMENDATION:
It is recommended that the City Council approve Amendment No. 1 to the agreement with Municipal Translation Inc. for translation and interpretation services, extending the term of the agreement from July 1, 2025 to June 30, 2026.
BACKGROUND:
To meet the language accessibility needs of Bell residents, the city has consistently provided professional interpretation and translation services at City Council meetings, Commission meetings, and community events. Since December 1, 2013, Ms. Hilda Estrada of Municipal Translation Inc. has delivered these services reliably and with flexibility with last-minute translation requests.
On April 27, 2022, the City Council approved a new three-year agreement with Municipal Translation Inc. which included two (2) optional one-year extensions, at a cost not to exceed $55,000 per year. The current Agreement is set to expire on June 30, 2025. Ms. Estrada has confirmed that the same rates will apply for the upcoming extension period. Staff recommend s that the city council extend the agreement for one additional year. One remaining extension will be available, and staff will return to the Council for direction at that time.
DISCUSSION:
Ms. Estrada and her team have consistently maintained a professional working relationship with City staff and have provided high quality Spanish translation and interpretation services .
Approval of Amendment No. 1 will ensure the continued availability of these essential services to the public. Below is a list of her current services and rates:
Services Rates
Regular City Council Meetings $ 1,300 per meeting (irrespective of length of meeting)
Special Meetings $ 200 per hour
Community Events $ 200 per hour
Town Hall Meetings $ 200 per hour
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AGENDA ITEM 12
Planning Commission Meetings $ 200 per hour
Community Services Commission Meetings $ 100 per hour Bilingual Exams $ 400 per hour
Document Translation Services $ 0.30/per word
If approved, Amendment No. 1 will confirm the correct cont ract sum of $220,000 for the entire four-year term (equivalent to $55,000 annually).
STRATEGIC PLAN 2023-25:
Target 2: Building Bridges Through Communication
Goal 3: Use effective and high-quality translation services Action Item 1: Provide Spanish and Arabic translations to better serve the City’s diverse community and ensure residents have access to important information
FISCAL IMPACT:
All associated costs are covered by the General Fund under the City Clerk’s Office. If approved , the FY 202 5-2026 Budget will include funding for this contract under the professional services line item in an amount not to exceed $55,000 per year.
ATTACHMENTS:
1. Amendment No. 1
2. Contract Services Agreement (dated July 1, 2022)
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01135.0001 2013064.1 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 MUNICIPAL TRANSLATION COMPANY, a sole proprietor (“Consultant”), is effective as of the 25th day of June 2025.
RECITALS
A. City and Consultant entered into that certain Contract Services Agreement dated April 27, 2022 (“Agreement”) whereby Consultant agreed to provide simultaneous, Spanish language interpretation services at all regular and special City Council meeting s, Commission meetings and other meetings as requested by the Contract Office. Consultant also agreed to provide bilingual exams and written Spanish translation as needed.
B. The total maximum compensation due under the Agreement was $55,000.00, with the total compensation for Services not exceeding the Contract Sum from the date of the Agreement to June 30, 2025.
C. The Term of the Agreement is from July 1, 2022 to June 30, 2025 with the option to of two (2) one-year extensions at the City’s sole and absolute discretion (per Section 3.4 Term).
D. By this Amendment No. 1, the City and Consultant now desire to use one (1) one- year extension to extend the term of the Agreement by one (1) year, from July 1, 2025 to June 30, 2026 and increase the Contract Sum by $165,000.00 from $55,000.00 to $220,000.00.
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:
“2.1 Contract Sum.
Subject to any limitations set forth in this Agreement, City agrees to pay Consultant the amounts specified in the “Schedule of Compensation” attached hereto as Exhibit “C” and incorporated herein by this reference. The total compensation, including reimbursement for actual expenses, shall not exceed FIFTY FIVE THOUSAND DOLLARS ($55,000.00) TWO HUNDRED TWENTY
THOUSAND DOLLARS ($220,000.00) (the “Contract Sum”), unless additional compensation is approved pursuant to Section 1.9.
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01135.0001 2013064.1 2 of 8
b. Section 3.4, “Term” is hereby amended and shall now read as follows:
“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 services but not exceeding three (3) year four (4) years 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) one (1) additional one-year term.”
c. Exhibit C. I., “Schedule of Performance” is hereby amended and shall now read as follows:
YEAR 1
RATE SUB-BUDGET
A. Simultaneous, Spanish
language interpretation
services at all regularly
scheduled City Council
Meetings
$1,300.00/meeting $31,200.00
B. Spanish language
interpretation services at
special meetings, community
events, planning commission
meetings, townhall meetings,
and other meetings as
requested by the Contract
Officer
Special meetings,
community events,
townhall meetings, and
other meetings =
$100.00/HR
Planning commission
meetings = $200.00/HR
$17,000.00
C. Bilingual exams (up to two (2)
exams in an hour)
$400.00/HR $4,800.00
D. On an as needed basis, the
Consultant will provide written
Spanish translation for
agendas, publications, notices,
press releases, flyers, web-
based text, and other
information for a variety of
City programs and
departments
$0.30/word $2,000.00
TOTAL $55,000.00
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01135.0001 2013064.1 3 of 8
YEAR 2
RATE SUB-BUDGET
A. Simultaneous, Spanish
language interpretation services
at all regularly scheduled City
Council Meetings
$1,300.00/meeting $31,200.00
B. Spanish language interpretation
services at special meetings,
community events, planning
commission meetings, townhall
meetings, and other meetings as
requested by the Contract
Officer
Special meetings,
community events,
townhall meetings, and
other meetings =
$100.00/HR
Planning commission
meetings = $200.00/HR
$17,000.00
C. Bilingual exams (up to two (2)
exams in an hour)
$400.00/HR $4,800.00
D. On an as needed basis, the
Consultant will provide written
Spanish translation for agendas,
publications, notices, press
releases, flyers, web-based text,
and other information for a
variety of City programs and
departments
$0.30/word $2,000.00
TOTAL $55,000.00
YEAR 3
RATE SUB-BUDGET
A. Simultaneous, Spanish
language interpretation services
at all regularly scheduled City
Council Meetings
$1,300.00/meeting $31,200.00
B. Spanish language interpretation
services at special meetings,
community events, planning
commission meetings, townhall
meetings, and other meetings as
requested by the Contract
Officer
Special meetings,
community events,
townhall meetings, and
other meetings =
$100.00/HR
Planning commission
meetings = $200.00/HR
$17,000.00
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01135.0001 2013064.1 4 of 8
C. Bilingual exams (up to two (2)
exams in an hour)
$400.00/HR $4,800.00
D. On an as needed basis, the
Consultant will provide written
Spanish translation for agendas,
publications, notices, press
releases, flyers, web-based text,
and other information for a
variety of City programs and
departments
$0.30/word $2,000.00
TOTAL $55,000.00
YEAR 4
RATE SUB-BUDGET
A. Simultaneous, Spanish
language interpretation services
at all regularly scheduled City
Council Meetings
$1,300.00/meeting $31,200.00
B. Spanish language interpretation
services at special meetings,
community events, planning
commission meetings, townhall
meetings, and other meetings as
requested by the Contract
Officer
Special meetings,
community events,
townhall meetings, and
other meetings =
$100.00/HR
Planning commission
meetings = $200.00/HR
$17,000.00
C. Bilingual exams (up to two (2)
exams in an hour)
$400.00/HR $4,800.00
D. On an as needed basis, the
Consultant will provide written
Spanish translation for agendas,
publications, notices, press
releases, flyers, web-based text,
and other information for a
variety of City programs and
departments
$0.30/word $2,000.00
TOTAL $55,000.00
OVERALL TOTAL $220,000.00
343
01135.0001 2013064.1 5 of 8
2. Continuing Effect of Agreement. Except as amended by Amendment No. 1, all provisions of the Agreement shall remain unchanged and in full force and effect. From and after the date of this Amendment No. 1, whenever the term “Agreement” appears in the Agreement, it shall mean the Agreement, as amended by Amendment No. 1.
3. Affirmation of Agreement; Warranty Re Absence of Defaults. City and Consultant each ratify and reaffirm each and every one 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 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 No. 1, 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 No. 1, 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 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 No. 1.
5. Authority. The persons executing this Amendment No. 1 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 No. 1 on behalf of said party, (iii) by so executing this Amendment No. 1, such party is formally bound to the provisions of this Amendment No. 1, and (iv) the entering into this Amendment No. 1 does not violate any provision of any other Agreement to which said party is bound.
[SIGNATURES ON FOLLOWING PAGE]
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01135.0001 2013064.1 6 of 8
IN WITNESS WHEREOF, the parties hereto have executed this Amendment No. 1 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:
MUNICIPAL TRANSLATION
COMPANY
By: ___________________________
Name: Hilda Estrada
Title: Owner
Address: 9220 Brookshire Ave., Unit 206
Downey, CA 90240
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.
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01135.0001 2013064.1 7 of 8
CALIFORNIA ALL-PURPOSE ACKNOWLEDGMENT
STATE OF CALIFORNIA
COUNTY OF LOS ANGELES
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 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. 346
01135.0001 2013064.1 8 of 8
CALIFORNIA ALL-PURPOSE ACKNOWLEDGMENT
STATE OF CALIFORNIA
COUNTY OF LOS ANGELES
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 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. 347
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350
351
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353
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AGENDA ITEM 13
City of Bell
Agenda Report
DATE: June 25, 2025
TO: Mayor and Members of the City Council
FROM: Michael Huston, Deputy City Attorney
Gina Skibar, Deputy Director Human Resources and Risk Management
APPROVED Michael L. Antwine II (e-signature)
BY: _______________________________
Michael L. Antwine II, City Manager
SUBJECT: Second Amendment to City of Bell 2022 City Manager Employment Agreement
RECOMMENDATION:
It is recommended that the City Council approve the Second Amendment to the City of Bell 2022 employment agreement for Michael L. Antwine II as the City Manager.
BACKGROUND:
Section 600 of the City Charter provides that the City Manager is appointed by the members of the City Council. The City’s City Manager, Michael L. Antwine II, was appointed by the City Council and commenced services as the City Manager , effective April 25, 2022, pursuant to a three-year employment agreement.
The 2022 City Manager Employment Agreement was set to expire on April 25, 2025. Prior to that expiration date, on April 9, 2025, the City Council approved the First Amendment to the City of Bell 2022 Employment Agreement. The First Amendment extended the agreement for three months (90 days) while the City Council and City Manager negotiated the terms of a contract extension.
DISCUSSION:
The Second Amendment to the City of Bell 2022 Employment Agreement is presented for the City Council’s consideration, reflecting the negotiated terms of the City Manager’s contract extension. The proposed amendment includes the following key changes:
• Extension of Contract Term – The Second Amendment extends the City Manager’s contract by three years from the date of the Second Amendment (i.e. until June 24, 2028).
• 8% base salary increase effective first full pay period following June 25, 2025, for a new base salary of $232,457.04.
375
AGENDA ITEM 13
• 4.5% increase to base salary effective first full pay period after June 25, 2026 and June 25, 2027.
• 4.5% increase to base salary effective first full pay period after June 25, 2027 and June 25, 2028.
• Severance pay in the event of termination without cause to equal 9 months base salary (increased from 6 months).
• The City shall make a deferred compensation contribution equal to one percent (1%) of the employee’s then-current annual base salary. This contribution will commence with the first full pay period following the effective date of any salary increase and will continue throughout the term of this Agreement.
• Vacation leave accrual rate at 11.54 hours bi -weekly (increased from 7.69 hours) and annual vacation leave cash out up to 100 hours (increased from 80 hours).
• Section 3.2 of the Agreement, titled “Cost of Living Increase,” was removed in its entirety. This section previously entitled the City Manager to receive a Cost-of-Living Adjustment (COLA) to the base salary, equal to and at the same time as adjustments provided to other Department Heads of the City.
The other terms and conditions outlined in the 2022 City Manager Employment Agreement will remain unchanged.
FISCAL IMPACT:
Year 25/26: $19,543.61
Year 26/27: $12,889.74
Year 27/28: $13,469.77
STRATEGIC PLAN 2023-25:
The agenda plan item aligns with the City of Bell 2023-25 Strategic Plan:
Target 1- Energizing Economic Potential
Target 2- Building Bridges Through Communication
Target 3- Elevating Quality of Life
Target 4- Fostering Financial Resilience
The City Manager’s leadership is not just aligned with the Strategic Plan; it has been the foundation in creating the plan and driving its continued momentum. Without this leadership, the City would risk losing the progress, the critical relationships, and the strategic direction that have been carefully built and nurtured.
ATTACHMENT(S):
1. Michael L. Antwine II- 2022 City of Bell 2022 City Manager Employment Agreement
2. City Manager Job Description
3. First Amendment to the City of Bell 2022 City Manager Employment Agreement 376
AGENDA ITEM 13
4. Second Amendment to the City of Bell 2022 City Manager Employment Agreement
377
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379
380
381
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383
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385
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392
393
394
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400
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402
ATTACHMENT II
1 CITY OF BELL
CHIEF ADMINISTRATIVE OFFICER
(City Manager)
DEFINITION
Plans, organizes, directs and controls the overall administration of the City’s government including financial, operational and personnel related activities; provides leadership and direction to all City departments and staff; ensures operational compliance with City governance provisions, City Charter and local, state and federal laws and ordinances; provides highly complex administrative support, and serves as advisor, to the Mayor and City Council; represents the City's interests with government agencies, local business interests, and citizen/community leaders; and performs related work as required.
SUP
ERVISION RECEIVED AND EXERCISED
Receives policy direction from the Mayor and City Council.
Exercises direct supervision over management, professional and administrative staff.
ESSENTIAL DUTIES
Duties may include, but are not limited to, the following:
• Plans, organizes, directs and controls the overall administration of the City’s government including financial, operational and personnel related activities; ensures operational compliance with City governance provisions, City Charter and local, state and federal laws and ordinances.
• Directs the development and implementation of City -wide policies and procedures and ensures that activities are conducted in accordance with laws, ordinances, rules and regulations.
• Directs the development and implementation of the City’s long and short- term strategic plans in support of the City’s overall goals and objectives. • Continuously monitors and evaluates the efficiency and effectiveness of the City’s service delivery methods and procedures; assesses and monitors work load, administrative and support system, and internal reporting relationships; identifies opportunities for improvement; directs implementation of changes. • P rovides highly complex technical and administrative support, and serves as advisor, to the Mayor and City Council; advises on legislation actions, local government issues, and City operational or fiscal issues; presents recommended solutions.
403
City of Bell
Classification Specification ATTACHMENT II
Chief Administrative Officer
2 • Confers with the Mayor, City Council, and department heads to discuss, identify, and assess their organizational, management, administrative, budget and financial needs. • Develops, presents, and administers a balanced City budget; submits draft and final budget documents to City Council.
• As determined by City Council, directs the City’s legislative efforts; directs the review of current and proposed legislation and any impact on the City’s operations; recommends an appropriate course of action; works with lobbyists to ensure the City’s interests are represented before legislative bodies.
• Assumes responsibility for public relations activities for the City by responding to questions from the media and the general public; attends community events to provide the public with information on City services and operations. • Wo rks with other local government agencies on matters of joint concern, such as legislative changes, or significant economic changes which impact the communities they serve.
• Selects, trains, supervises, motivates and evaluates staff; conducts performance evaluations; implements discipline procedures; ensures the provision of a high performing organization to serve the needs of the City.
• Represents the City on local, regional and national boards, committees and commissions, including government and private sector organizations. • Establishes strong relationships with the local citizens through community meetings and related forums; collaborates with citizen groups and business leaders to listen to citizens’ concerns and resolve issues.
• P erform related duties as required.
QUALIFICATIONS GUIDELINES
To qualify for this position, an individual must possess a combination of experience, education, and/or training that would likely produce the knowledge and abilities required to perform the work. A desirable combination of qualifications is described as follows:
Education:
Bachelor's degree with major course work in public administration, business administration or a related field from an accredited university or college. A Master’s degree in public administration, business administration or a related field is desirable.
Experience:
Ten (10) years of increasingly responsible experience as a City Manager, Assistant City Manager or in a similar local government management capacity.
404
City of Bell
Classification Specification ATTACHMENT II
Chief Administrative Officer
3 REQUIRED KNOWLEDGE, SKILLS AND ABILITIES
Knowledge of:
• Municipal government o perations, services and activities, i ncluding finance, personnel, community development, community services, public safety, public works and related functions.
• The City’s governance structure and authorities vested in specific positions. • Principles and practices of comprehensive strategic plan development and implementation.
• Principles and practices of policy development and implementation. • Principles and practices of public administration.
• Principles and practices of budget preparation and administration. • Principles and practices of municipal government financing strategies. • Community demographics and related socio-economic needs. • The legislative process and its impact on City operations. • Principles and practices of leadership, motivation, team building and conflict resolution. • Comprehensive knowledge of all local, State, and Federal rules, regulations, and pertinent ordinances and mandates affecting municipal government.
Ability to:
• Plan direct and control the administration and operations of the City. • Provide highly complex technical and administrative support to the Mayor and City Council.
• Identify and respond to public and City Council issues and concerns. • Direct the preparation of a balanced City budget.
• Develop and implement City-wide policies and procedures. • Develop comprehensive strategic plans to meet the City’s needs. • Supervise, train and evaluate assigned personnel; schedule work, set priorities and monitor work progress.
• Gain cooperation through discussion and persuasion.
• Work effectively with the business community, citizen leaders, and representatives from other public agencies to meet the goals and objectives of all parties. 405
City of Bell
Classification Specification ATTACHMENT II
Chief Administrative Officer
4 • Analyze problems, identify alternative solutions, project consequences of proposed actions and implement recommendations in support of goals. • Establish and maintain effective working relationships with those contacted in the course of work.
LICENSE, CERTIFICATE, AND REGISTRATION REQUIREMENTS:
Possession of, or the ability to obtain, a California Class C driver’s license by the time of appointment. Individual who do not meet this requirement due to a disability will be reviewed on a case -by-case basis. Designation as a Credentialed Manager by the International City/County Management Association is desirable.
PHYSICAL AND MENTAL REQUIREMENTS
Mobility – frequent standing or sitting for extended periods; frequent walking; occasional driving may be required; occasional pushing/pulling; occasional bending, kneeling, squatting and crawling. Lifting – occasional lifting up to 20 pounds. Vision – constant use of good overall vision for reading/close up work; frequent use of color perception and eye/hand coordination; occasional use of depth perception and peripheral vision. Dexterity – frequent repetitive motion from writing and using a computer keyboard; frequent grasping, holding and reaching.
Hearing/Talking - frequent hearing/talking to others on the telephone and in person; occasional hearing of faint sounds. Emotional/Psychological – frequent decision making , concentration and public contact; occasional working alone.
WORKING CONDITIONS
Work is performed in a typical temperature controlled office environment subject to typical office noise and environment. Frequent evening, ho liday and/or weekend work may be required.
(Approved 11/12/2015)
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ATTACHMENT III
01135.0004/1065108.1 -1-
FIRST AMENDMENT TO
CITY OF BELL
EMPLOYMENT AGREEMENT
For the Position of
CITY MANAGER
This FIRST AMENDMENT TO CITY OF BELL EMPLOYMENT AGREEMENT FOR THE POSITION OF CITY MANAGER (the “First Amendment”) is made and entered into April 9, 2025, by and between the CITY OF BELL, a California charter city and municipal corporation (the “City”) and Michael L. Antwine II, an individual (“Employee”).
R E C I T A L S
WHEREAS, Employee commenced services as the City Manager of the City effective April 25 , 2022 pursuant to the City of Bell Employment Agreement for the Position of City Manager (the “Agreement”) between Employee and the City; and WHEREAS, Section 11.2 of the Agreement provides that it “may be amended at any time by the mutual consent of the P arties by an instrument in writing, which amendment shall require City Council approval; and
WHEREAS, the City and Employee now desire to enter into a First Amendment to the Agreement to extend the term of the Agreement, which currently expires on April 24, 2025, by three months until July 24, 2025; and
WHEREAS, Employee desires to accept and agrees to these employment terms from the City as set forth in this First Amendment.
NOW, THEREFORE, in consideration of the mutual covenants contained herein, City and Employee hereby agree as follows:
AGREEMENT
SECTION 1. The above recitals are incorporated by reference as if set forth in full herein.
SECTION 2. The first sentence of Section 4.1 of the Agreement is revised to read as follows (added language in bold italics), with the remainder of Section 4.2 unchanged:
“4.2 Term. The term of this Agreement will be for three (3) years and three (3) months following the effective date specified at Section 4.1 and, thereafter, this Agreement may be extended for such additional term as the City Council and Employee deem appropriate, as evidenced by a writing signed by both parties.”
SECTION 3. Except as expressly amended by this First Amendment, the underlying terms, conditions, and compensation of Employee by City as and for his employment as city manager shall be as set forth in the Agreement.
407
ATTACHMENT III
01135.0004/1065108.1 -2-
IN WITNESS WHEREOF, the CITY OF BELL has caused this First Amendment to be signed and executed on its behalf by its Mayor, and duly attested by its City Clerk, and EMPLOYEE has signed and executed this First Amendment, on the day and year below written.
CITY OF BELL
_____________________________
Ali Saleh, Mayor
ATTEST:
__________________________________
Angela Bustamante, City Clerk
APPROVED AS TO FORM:
__________________________________
David J. Aleshire, City Attorney
EMPLOYEE
______________________________
Michael L. Antwine II
Dated:___________
[END OF SIGNATURES]
408
01135.0004 2010737.5 6/17/2025 -1-
SECOND AMENDMENT TO
CITY OF BELL
EMPLOYMENT AGREEMENT
For the Position of
CITY MANAGER
This SECOND AMENDMENT TO CITY OF BELL EMPLOYMENT AGREEMENT FOR THE POSITION OF CITY MANAGER (the “ Second Amendment”) is made and entered into June 25, 2025, by and between the CITY OF BELL, a California charter city and municipal corporation (the “City”) and Michael L. Antwine II, an individual (“Employee”).
R E C I T A L S
WHEREAS, Employee commenced services as the City Manager of the City effective April 25 , 2022 pursuant to the City of Bell Employment Agreement for the Position of City Manager (the “Agreement”) between Employee and the City; and WHEREAS, Section 11.2 of the Agreement provides that it “may be amended at any time by the mutual consent of the P arties by an instrument in writing, which amendment shall require City Council approval”; and
WHEREAS, on April 9, 2025, the City and Employee entered into a First Amendment to the Agreement (“First Amendment”) to extend the term of the Agreement by three months until July 24, 2025; and
WHEREAS, the City and Employee now desire to enter into a Second Amendment to the Agreement to: i) extend the term of the Agreement for three years until June 24, 2028; ii) provide compensation increases to be effective following June 25, 2025, June 25, 2026 and June 25, 2027 and a deferred compensation contribution of 1% of then-current annual base salary; iii) eliminate automatic cost of living increases as provided to Department Heads of the City ; iv) increase severance to 9 months from 6 months in the event of termination without cause, subject to Government Code Section 53260 limitations; v) increase vacation leave accrual to up to 11.54 hours per bi-weekly pay period; and vi) increase annual cash out of vacation leave allowed up to 100 hours annually.
WHEREAS, Employee desires to accept and agrees to these employment terms from the City as set forth in this Second Amendment.
NOW, THEREFORE, in consideration of the mutual covenants contained herein, City and Employee hereby agree as follows:
AGREEMENT
SECTION 1. The above recitals are incorporated by reference as set forth in full herein.
SECTION 2. Section 3.1 of the Agreement, entitled “Compensation,” shall be revised to read, in its entirety, as follows:
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“3.1 Compensation.
(a) Base Salary. Effective the first full payroll period following June 25, 2025, for the services rendered pursuant to this Agreement, Employee shall be provided an eight percent (8%) compensation increase from his current base annual salary of $215,238.00, such that his new base salary as of that date shall be Two Hundred Thirty -Two Thousand Four Hundred Fifty Seven Dollars and Four Cents ($232,457.04) annually (“Salary”). The Salary shall be paid on a pro-rated basis bi-weekly at the same time as other City employees are paid. Such Salary shall be adjusted for payroll taxes, workers’ compensation, and other payroll-related liability costs. (b) Compensation Adjustments. Employee shall be provided base Salary increases as follows:
(i) Effective the first full pay period following June 25, 2026, Employee shall be provided a four and one-half percent (4.5%) compensation increase to his base salary, for a new base Salary of Two Hundred Forty-Two Thousand Nine Hundred Seventeen D ollars and Sixty - One Cents $242,917.61 annually.
(ii) Effective the first full pay period following June 25, 2027, Employee shall be provided an additional four- and one-half percent (4.5%) compensation increase to his base Salary, for a new base Salary of Two Hundred Fifty-Three Thousand Eight Hundred Forty-Eight Dollars and Ninety Cents $253,848.90 annually.
(c) Deferred Compensation . Employee shall be eligible to participate in the City’s deferred compensation program. Employee may voluntarily contribute to the deferred compensation plan to the same extent allowed by the Internal Revenue Service. Additionally, beginning the first full pay period following June 25, 2025 through the term of this Agreement (i.e. through June 24, 2028), the City shall contribute an amount equal to one percent (1%) of Employee’s then-current Annual base Salary towards Employee’s deferred compensation plan.
Such contributions shall be made in the first full pay period following Employee’s base Salary increases pursuant to Section 3.1(a)-(b) during the term of this Agreement (i.e., first full pay period following June 25, 2025, June 25, 2026, and June 25, 2027). In no event shall the Employee or City’s contributions specified above exceed limits established by the Internal Revenue Service for a deferred compensation plan.
SECTION 3. Section 3.2 of the Agreement, entitled “Cost of Living Increase,” shall be deleted in its entirety and replaced with the following:
“3.2 [DELETED].”
SECTION 4. The first sentence of Section 4.2 of the Agreement, entitled “Term,” is revised to read as follows, with the remainder of Section 4.2 unchanged:
“4.2 Term. The term of this Agreement will be for three (3) years from June 25, 2025, the effective date of the Second Amendment (i.e. until June 24, 2028), and thereafter, this Agreement may be extended for such additional term as th e City Council and Employee deem appropriate, as evidenced by a writing signed by both parties.” 410
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SECTION 5. Subsection 5.1(b) of the Agreement, entitled “Termination Without Cause,” is revised to read as follows:
“(b) Termination Without Cause . If pursuant to Section 4.3 the City Council terminates Employee without cause, before the expiration of the aforesaid term of employment, and Employee does not challenge such termination, including but not limited to, by means of appeal or civil or administrative claim , then the City shall give Employee severance payments totaling nine (9) months base salary (without benefits or any deferred compensation contributions) in accordance with Section 5.3, except as provided in Subsection (d) below . Such severance payment shall be calculated based on Employee’s salary only and not inclusive of the value of any benefits provided to Employee.”
SECTION 6. The final sentence of Subsection 5.1(d) of the Agreement , entitled “Application of Government Code Section 53260,” is revised to read as follows:
“(For example, if termination occurs with two (2) months left in the term, severance would be equal to the monthly base salary multiplied by two (2) rather than the nine (9) months provided in Section 5.1(b).)”
SECTION 7. Section 7.1(a) of the Agreement, pertaining to vacation leave, is revised to read as follows:
“(a) Vacation leave shall accrue at the rate of 11.54 hours per bi -weekly pay period , which equates to 300 hours (37.5 days) per year . Vacation leave may only be accrued to a maximum of 380 hours (47.5 days) at which point vacation leave accrual will cease until the accrued hours fall below the maximum of 380 hours. Employee will be allowed to cash out up to 100 hours of vacation annually, but a minimum of eighty (80) vacation leave hours must be left in the regular vacation bank at time of cash out. Vacation leave must be used and deducted from accruals on a minute-by-minute basis for time missed from normal work hours which for purposes of this section are deemed to be normal City operating hours. Upon termination, for any reason, Employee shall be entitled to one hundred percent (100%) of the unused vacation leave on the books then existing.”
SECTION 8. Except as expressly amended by this Second Amendment and the First Amendment, the underlying terms, conditions, and compensation of Employee by City as and for his employment as city manager shall be as set forth in the Agreement.
IN WITNESS WHEREOF, the CITY OF BELL has caused this Second Amendment to be signed and executed on its behalf by its Mayor, and duly attested by its City Clerk , and EMPLOYEE has signed and executed this Second Amendment, on the day and year below written. [SIGNATURES ON FOLLOWING PAGE]
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CITY OF BELL
_____________________________
ATTEST: Ali Saleh, Mayor
__________________________________
Angela Bustamante, City Clerk
APPROVED AS TO FORM:
__________________________________
David J. Aleshire, City Attorney
EMPLOYEE
______________________________
Michael L. Antwine II
Dated: _________________________
[END OF SIGNATURES]
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AGENDA ITEM 14
01135.0041 2013568.1
City of Bell
Staff Report
DATE: June 25, 2025
TO: Mayor and Members of the City Council
FROM: Michael L. Antwine, II, City Manager
Gina Skibar, Human Resources & Risk Manager
APPROVED Michael L. Antwine (e-signature)
BY: ________________________________________
Michael L. Antwine, II, City Manager
SUBJECT: Consider Contingent Approval of Appointment of Damian A. Velasco as Chief of Police and Approval of Chief of Police Employment Agreement
RECOMMENDATION:
It is recommended that the City Council approve the appointment Damian A. Velasco as Chief of Police, contingent upon his successful completion of the standard POST pre-employment screening/ background investigation and authorize the City’s City Manager to execute the Chief of Police Employment Agreement.
BACKGROUND:
Section 604(a) of the City Charter provides that the City Manager appoints department heads of the City, subject to the approval of the City Council. The City Manager desires to appoint Damian A. Velasco as the City’s new Chief of Police, to be contingent upon his successful completion of the standard POST pre-employment screening/ background investigation, and to enter into an employment agreement setting forth the terms and conditions of Mr. Velasco’s employment as Chief of Police.
Mr. Velasco brings over 31 years of distinguished law enforcement experience, demonstrating an exceptional commitment to public safety and community engagement. He holds a Bachelor of Arts degree in Political Science from the University of California, Riverside, and has built a career grounded in integrity, innovation, and service.
Throughout his tenure, Mr. Velasco has become a recognized leader in community policing, de- escalation strategies, gang intervention, and narcotics enforcement. His expertise in these critical areas has contributed significantly to fostering safer, more resilient communities.
Mr. Velasco is a proud graduate of the Los Angeles Police Department Leadership Program and has successfully earned the Peace Officer Standards and Training (“ POST”) Management Course, equipping him with advanced skills in both operational command and administrative oversight. He is a strong proponent of 21st-century policing practices and is dedicated to progressive, community-centered law enforcement strategies.
For the past 23 years, Mr. Velasco has served with distinction in the Los Angeles Police 413
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Department, where he currently holds the rank of Lieutenant II. His extensive leadership experience, coupled with his deep understanding of modern policing, makes him an invaluable asset to any organization committed to public safety and community trust.
DISCUSSION:
Below is a summary of the terms and compensation in the employment agreement presently before the City Council. Additionally, the Chief of Police will have an annual performance evaluation based on the goals and objectives determined by the City Manager.
Contract term:
• Contract term of 3 years, beginning July 25, 2025, or such other date/time upon which the City Manager and Mr. Velasco may mutually agree.
• Appointment as Chief of Police is contingent upon successful completion of the standard Peace Officer Standards and Training (“POST”) pre-employment screening/ background investigation (including background investigation, psychological evaluation, and a comprehensive pre‐employment medical examination).
Salary:
• Initial base salary of $203,000 annually.
• 2% increase to base salary to be effective first full pay period after one year of service. • Additional 2% increase to base salary to be effective first full pay period after two years of service.
Other than the above-described contract term and salary, the benefits and terms and conditions of the new Chief of Police Employment Agreement are essentially the same as provided under the City’s most recent Chief of Police Employment Agreement dating from 2023. (Parentheticals below explain the minor benefits updates.) The benefits are summarized as follows:
Misc. benefits:
• Tuition reimbursement up to 75% of tuition fees equal or equivalent to those of the California State University System, including reimbursement for tuition for continuing education.
• Assignment of a take home City vehicle.
• Uniform allowance of $1,250 per year.
• The City will provide a cellular phone for business use plus a technology allowance of $100 per month.
Severance:
• Upon City termination without cause 6 months’ salary. • No severance due if termination is for cause, if separation is initiated by Chief of Police, or if the contract expires by its own term after 3 years.
Professional development:
• City-paid membership a) International Association of Chief of Police (I.A.C.P.), b) California Police Chiefs Association (Cal -Chief’s), and c) Los Angeles County Police Chief’s Association.
• City-paid attendance at: IACP conference (every other year) and annual attendance at the Cal Chiefs and Los Angeles Police Chiefs Association conferences, if any. • Approval of other professional development activities at the City Manager’s discretion 414
AGENDA ITEM 14
01135.0041 2013568.1
Paid leaves:
• Sick leave: 96 hours per year (12 days or appx. 2.5 working weeks), earned bi -weekly.
Accrued sick leave to not exceed 192 hours (24 days or appx. 5 working weeks). Cash out upon termination allowed up to 100 hours.
• Vacation leave: 160 hours per year (20 days or 4 working weeks), earned bi -weekly.
Accrued vacation not to exceed 280 hours (35 days or 7 working weeks). Cash out of up to 80 hours annually is allowed.
• Administrative (Executive) leave: 40 hours per year; no accrual beyond 40 hours. • Bereavement leave: 24 hours per year, plus an additional 16 hours may be taken as paid bereavement leave using accrued vacation, sick, administrative, or floating holiday leave. (Bereavement leave in addition to the three days paid bereavement leave for a total of five days is provided pursuant to state law, Government Code section 12945.7.) • Holidays: total of 13; 10 standard City holidays plus 3 floating holidays.
Medical, dental, vision, and life insurance: Chief of Police will receive the same group medical, dental, vision, and life insurance plans offered to City department heads.
Retirement: 2.7% @ 57 formula (PEPRA Safety), with the Chief of Police paying full employee member contribution (currently 14 .5%) and the City paying the employer contribution. (The mandatory employee contribution number was increased by CalPERS to 14.5%).
FISCAL IMPACT:
The position would be paid for with General funds:
The appointment of the new Chief of Police will result in an annual salary increase of $5,524.80 in Year One, based on the current Chief's salary of $197,475.20. In Year Two, the salary will increase by 2% to $207,060.00, resulting in an additional fiscal impact of $4,060.00. In Year Three, the salary will further increase by 2% to $211,201.20, adding an additional fiscal impact of $4,141.20.
The total fiscal impact over the three-year period is $13,726.00
STRATEGIC PLAN 2023-25
The agenda plan item aligns with the City of Bell 2023-25 Strategic Plan:
Target 1- Energizing Economic Potential
Target 2- Building Bridges Through Communication
Target 3- Elevating Quality of Life
Target 4- Fostering Financial Resilience
ATTACHMENTS:
1. Resolution 2025-37 – A Resolution of the City Council of the City of Bell Contingently Approving the Appointment of Damian A. Velasco to the Position of Chief of Police and Authorizing the City Manager to Execute Employment Agreement
2. Damian A. Velasco- Chief of Police Employment Agreement • Exhibit “A” to Employment Agreement - Police Chief Job Description
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01135.0041 2013562.1 1
RESOLUTION NO. 2025-37
A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF BELL
CONTINGENTLY APPROVING THE APPOINTMENT OF DAMIAN A.
VELASCO TO THE POSITION OF CHIEF OF POLICE AND AUTHORIZING
THE CITY MANAGER TO EXECUTE EMPLOYMENT AGREEMENT
WHEREAS, the City Manager and City Council desire to fill the Chief of Police position for the Bell Police Department; and
WHEREAS, pursuant to California Government Code section 34856 and the City of Bell City Charter Section 604(a), the City Manager (formerly designated as the Chief Administrative Officer) has the authority to appoint the Chief of Police, subject to review of and approval of such appointment by the City Council; and
WHEREAS, Damian A. Velasco has over thirty -one years of law enforcement experience working in various assignments and is qualified to serve as the City of Bell’s Chief of Police; and
WHEREAS, Mr. Velasco has obtained the Peace Officer Standards and Training (“POST”) Management Certificate, which is required in order to be hired as the Chief of Police; and
WHEREAS, Michael L. Antwine II, City Manager , has recommended that the City Council approve the appointment of Mr. Velasco as the City’s Chief of Police at an initial salary of $203,000 for a contract term of three (3) years; and
WHEREAS, the City Council now desires to approve the appointment of Damian A.
Velasco as the Chief of Police, contingent upon his successful completion of the standard POST pre-employment screening/ background investigation.
NOW, THEREFORE, BE IT RESOLVED by the City Council of the City of Bell , California, as follows:
SECTION 1. The City Council approves the appointment of Damian A. Velasco as the Chief of Police, contingent upon his successful completion of the standard Peace Officer Standards and Training (“POST”) pre-employment screening/ background investigation (including background investigation, psychological evaluation, and a comprehensive pre‐employment medical examination) , with a start date of July 25 , 2025, or such other date/time upon which the City Manager and Mr. Velasco may mutually agree.
SECTION 2. The City Council approves the employment agreement between the City of Bell and Damian A. Velasco as the Chief of Police, to be substantially in the form as attached hereto, and authorizes the City Manager to execute the employment agreement contingent upon Mr. Velasco’s successful completion of the standard POST pre-employment screening/ background investigation.
SECTION 3. Mr. Velasco’s initial base salary as Chief of Police shall be $203,000 annually.
SECTION 4. The City Clerk shall certify to the adoption of this Resolution. 416
01135.0041 2013562.1 2
PASSED, APPROVED AND ADOPTED this 25th day of June, 2025.
Ali Saleh, Mayor
ATTEST:
Angela Bustamante, City Clerk
APPROVED AS TO FORM:
David J. Aleshire, City Attorney
Aleshire & Wynder, LLP
CERTIFICATE OF ATTESTATION AND ORIGINALITY
I, Angela Bustamante, City Clerk of the City of Bell, hereby attest to and certify that the foregoing resolution is the original Resolution No. 2025-37 adopted by the Bell City Council at its regular meeting held on the 25 day of June, 2025, by the following vote:
AYES:
NOES:
ABSENT:
ABSTAIN:
_
Angela Bustamante, City Clerk
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1 01135.0041 2013189.2
CITY OF BELL
CHIEF OF POLICE EMPLOYMENT AGREEMENT
This CHIEF OF POLICE EMPLOYMENT AGREEMENT (hereinafter referred to as the “AGREEMENT”) is entered into on June 25, 2025, by and between the CITY OF BELL, a charter city and municipal corporation ( hereinafter referred to as the “C ITY”) and DAMIAN A.
VELASCO, an individual ( hereinafter referred to as “EMPLOYEE” ). For purposes of this AGREEMENT, CITY and EMPLOYEE may be collectively referred to as the “ Parties” or individually as a “Party.”
R E C I T A L S
WHEREAS, pursuant to California Government Code section 34856 and the City of Bell City Charter Section 604(a), the City Manager (formerly designated as the Chief Administrative Officer) has the authority to appoint the Chief of Police, subject to review of and approval of such appointment by the City Council; and
WHEREAS, the City Manager desires to appoint EMPLOYEE to serve in the position of Chief of Police for the CITY, the duties of which position are generally set forth in Government Code sections 41601- 41612, and in the Chief of Police Classification Specific ations adopted by the CITY and attached hereto as Exhibit “A”; and
WHEREAS, EMPLOYEE desires to perform and assume responsibility for the provision of Chief of Police professional services to the CITY and its related agencies; and WHEREAS, EMPLOYEE has obtained the California Peace Officer Standards and Training (“POST”) Management Certificate required by the City’s Classification Specifications in order to serve as the Chief of Police; and
WHEREAS, the Parties agree that EMPLOYEE has the necessary qualifications and experience to perform as Chief of Police; and
WHEREAS, the Parties wish to establish the terms and conditions of EMPLOYEE’s provision of Chief of Police professional services to the CITY and its related agencies through this AGREEMENT; and
WHEREAS, EMPLOYEE’s appointment as the CITY’s Chief of Police was approved by the City Council on June 25, 2025 pursuant to City of Bell City Charter section 604(a), contingent upon EMPLOYEE’s successful completion of the standard Peace Officer Standards and Training (“POST”) pre-employment screening/ background investigation.
NOW, THEREFORE, in consideration of the mutual covenants contained herein , the CITY and EMPLOYEE hereby agree, subject to formal approval of City Council, as follows:
A G R E E M E N T
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2 1.0 EMPLOYMENT & DUTIES
1.1 Duties. Contingent upon EMPLOYEE’s successful completion of the standard Peace Officer Standards and Training (“POST”) pre-employment screening/ background investigation (including background investigation, psychological evaluation, and a comprehensive pre‐employment medical examination), CITY hereby appoints EMPLOYEE to serve as Chief of Police for the CITY to perform the functions and duties of said position, including those essential duties specified in the Chief of Police Classification Specifications for the Chief of Police as described in Exhibit “A” and those functions and duties set forth in sections 41601-41612 of the Government Code of the State of California. Additionally, EMPLOYEE shall perform such other legally permissible and proper functions and duties as the City Manager shall, from time-to-time, direct or assign as appropriate to the position of Chief of Police. EMPLOYEE shall perform these functions and duties in an efficient, competent, and ethical manner and shall devote EMPLOYEE’s best efforts and full-time attention thereto.
1.2 Work Schedule. It is recognized that the Chief of Police is expected to engage in the hours of work that are necessary to fulfill the obligations of the position, must be available at all times, and must devote a great deal of time outside the normal office hours to the business of the CITY. EMPLOYEE acknowledges that proper performance of the duties of Chief of Police requires EMPLOYEE to generally observe normal business hours (currently 8:00 a.m. to 5:00 p.m., Monday through Friday , including a standard one hour lunch period), as set by the CITY and as may be duly revised from time -to-time by the CITY and/or the City Manager , and also o ften require s the performance of necessary services outside of normal business hours.
EMPLOYEE’s compensation (whether salary or benefits) is not based on hours worked.
Furthermore, the Chief of Police position remains an “exempt” classification under the overtime provisions of the federal Fair Labor Standards Act (“FLSA”) and EMPLOYEE shall not be entitled to any compensation for overtime nor subject to such overtime provisions of the FLSA.
1.3 Fair Labor Standards Act (“FLSA”) E xempt Status . EMPLOYEE acknowledges and agrees that the Chief of Police position is that of an exempt employee for the purposes of the FLSA.
1.4 Other Activities. EMPLOYEE shall focus h is professional time, ability, and attention to the CITY’s business during the term of this A GREEMENT. EMPLOYEE shall not engage, without the express prior written consent of the City Manager, in any other business duties or pursuits whatsoever, or directly or indirectly render any services of a business, commercial, or professional nature to any other person or organization, whether for compensation or otherwise, that is or may be competitive with the C ITY, that might cause a conflict-of-interest with the CITY, or that otherwise might interfere with the business or operation of the CITY or the satisfactory performance of the functions and duties of the Chief of Police.
1.5 Employment Status. Upon appointment to the Chief of Police position, EMPLOYEE shall serve at the will and pleasure of the City Manager and understands that EMPLOYEE shall be an “at-will” employee without recourse to bumping or other demotion rights and shall be subject to summary dismissal without any right of notice or hearing except as expressly provided in this AGREEMENT , including any so- called due process pre -disciplinary “Skelly” hearing. The CITY may terminate EMPLOYEE at any time, with the sole exception being 419
01135.0041 2013189.2
3 the express procedures set forth in Section 3. 3, Section 3.4, Section 3.5 and Section 3.6 below which are in accordance with the state mandated protections afforded by the Public Safety Officers Procedural Bill of Rights Act (“POBOR”) (Government Code sections 3300-3313).
1.6 Exclusion from Civil Service System. EMPLOYEE understands, acknowledges and agrees that EMPLOYEE is exempt from the CITY’s Civil Service System. The exclusion of the Chief of Police from the CITY’s Civil Service System was most recently confirmed by City of Bell Resolution No. 2023-67.
1.7 CITY Documents . All data, studies, reports and ot her documents prepared by EMPLOYEE while performing his duties during the term of this AGREEMENT shall be furnished to and become the property of the CITY, without restriction or limitation on their use.
All ideas, memoranda, specifications, plans, procedures, drawings, descriptions, computer program data, input record data, written information, and other materials either created by or provided to EMPLOYEE in connection with the performance of this AGREEMENT shall be held confidential by EMPLOYEE to the extent permitted by applicable law, except as may be required by any governmental agency or court of competent jurisdiction. Such materials shall not be used by EMPLOYEE, without the prior written consent of the City Manager, for any purposes other than the performance of EMPLOYEE’s duties. Additionally, no such materials may be disclosed to any person or entity not connected with the performance of services under this AGREEMENT, except as required by (i) law, (ii) any governmental agency, (iii) subpoena, or (iv) an order issued by a court of competent jurisdiction.
2.0 COMPENSATION AND REIMBURSEMENT
2.1 Base Salary. For the services rendered pursuant to this A GREEMENT, EMPLOYEE’s annual base salary (“Salary”), which shall be paid on a pro- rated basis bi-weekly at the same time as other employees of the CITY are paid , shall be Two Hundred and Three Thousand Dollars ($203,000.00.) During the term of this AGREEMENT, EMPLOYEE shall receive base Salary increases as follows:
• Beginning the first full pay period one full year after the Effective Date of this Agreement as defined in Section 3.1 below, Employee shall receive a two percent (2%) increase to his base Salary, for a new base Salary of Two Hundred and Seven Thousand Sixty Dollars ($207,060.00.)
• Beginning the first full pay period two full years after the Effective Date of this Agreement as defined in Section 3.1 below, Employee shall receive an additional two percent (2%) increase to his then -current base Salary, for a new base Salary of Two Hundred Eleven Thousand Two Hundred one Dollars and Twenty Cents ($211,201.20.
Such base Salary shall be subject to normal and proper withholdings as determined by state and federal law and as determined appropriate by the CITY and shall be subject to payroll taxes, workers’ compensation, and other payroll-related liability costs.
Base Salary Review. The City Manager and EMPLOYEE agree to conduct an annual base salary review concurrently with the annual performance evaluation set forth in Section 5.2.
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4 2.2 Business Expense Reimbursements. CITY shall reimburse EMPLOYEE for reasonable and necessary travel, subsistence, and other C ITY related business expenses incurred by EMPLOYEE in the performance of his duties. All reimbursements shall be subject to and in accordance with California law , the CITY’s adopted travel & m eeting/mileage reimbursement policy, and IRS rules for reporting compensation through payroll or reimbursement through accounts payable.
3.0 TERM
3.1 Commencement & Effective Date. EMPLOYEE shall commence service hereunder 8:00 a.m. Pacific daylight savings time on July 25, 2025, or such other date/time upon which the City Manager and EMPLOYEE may mutually agree, following and contingent upon EMPLOYEE’s successful completion of the standard POST pre -employment screening/ background investigation. In the event EMPLOYEE commences services on a date other than July 25, 2025, such date shall be deemed the effective date of this AGREEMENT (“Effective Date”).
The appointment of EMPLOYEE as Chief of Police was approved by the City Council on June 25, 2025, contingent upon EMPLOYEE’s successful completion of a pre-employment screening/ background investigation. EMPLOYEE acknowledges and agrees that the effectiveness of this AGREEMENT and his appointment as Chief of Police is contingent upon his successful completion of the pre-employment screening/ background investigation.
3.2 Term. This A GREEMENT shall commence as of the Effective Date specified in Section 3.1 and shall automatically terminate three (3) years following the Effective Date, unless terminated prior to this date by either Party pursuant to Section 3.3, 3.5, or 3.6 (“Term”).
3.3 Termination by EMPLOYEE. EMPLOYEE may terminate this AGREEMENT at any time, provided EMPLOYEE provides the City Manager with at least thirty (30) days ’ advance written notice . In the event EMPLOYEE terminates this A GREEMENT, EMPLOYEE expressly agrees that EMPLOYEE shall not be entitled to any severance pay.
3.4 Termination by C ITY. The City Manager or someone acting in the capacity as City Manager may terminate this A GREEMENT at any time either: i) for cause, as provided in Section 3.5 or ii) without cause, as provided in Section 3.6. The procedures set forth in Section 3.5 and Section 3.6 are provided to comply with the requirements of the POBOR, including but not limited to Government Code section 3304(c), which states that the C ITY is required to provide written notice of termination and the reason or reasons therefore and an opportunity for administrative appeal. The City Manager’s right to terminate EMPLOYEE shall not be subject to or in any way limited by the CITY’s Civil Service Rules and Regulations or past CITY practices related to the employment, discipline or termination of the CITY’s employees.
Except as expressly provided herein , EMPLOYEE expressly waives any rights provided for the Chief of Police under the CITY’s Civil Service Rules and Regulations, Municipal Code, or under other state or federal law to any other form of pre - or post-termination hearing, appeal, or other administrative process pertaining to termination. Nothing herein, however, shall be construed to create a property interest, where one does not exist by rule of law, in the position of Chief of Police and EMPLOYEE remains an at-will employee serving at the pleasure of the City Manager. In the event of termination for cause, the CITY may, in its discretion, place EMPLOYEE on paid or 421
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5 unpaid administrative leave until resolution; in the event of termination without cause, t he CITY reserves the right to place EMPLOYEE on paid administrative leave for all or a portion of the thirty (30) day period provided under Section 3.6.
3.5 Termination by C ITY for Cause . The C ITY may terminate this AGREEMENT for cause at any time by providing EMPLOYEE with five (5) business days’ written notice of the termination for cause and the facts and grounds constituting such cause. The term “cause” shall be defined to include any misconduct materially related to performance of official duties , including but not be limited to any of the following: i) Breach of this AGREEMENT, ii) Willful or persistent material breach of duties, iii ) Résumé fraud or other acts of material dishonest y, iv ) Una uthorized absence or leave, v ) Conviction of a misdemeanor involving moral turpitude (i.e., offenses contrary to justice, honesty, or morality), conviction of a misdemeanor DUI, or conviction of a felony under California law , vi) Violation of the C ITY’s anti-harassment policies and/or a finding that legally prohibited personal acts of harassment against a CITY official or employee or legally prohibited personal acts of discrimination against a CITY official or employee has occurred, vii ) Violation of the C ITY’s Charter, Municipal Code, Ordinances, Rules, and Regulations, including but not limited to the C ITY’s Civil Service Rules and Regulations, Administrative Procedures Manual, and the Bell Police Department policy manual, viii) Use or possession of illegal drugs, ix) Engaging in conduct tending to bring embarrassment or disrepute to the C ITY, x) Any illegal or unethical act involving personal gain, xi) A pattern of repeated, willful and intentional failure to carry out materially significant and legally constituted direction of the City Manager or the policy decisions of the City Counci l, xii) Gross misfeasance or gross malfe asance, and xiii ) “a buse of office or position ” as defined in Government Code §53243.4 (i.e., waste, fraud, and violation of the law under color of authority and crimes against public justice, including crimes involving bribery and corruption). If the CITY terminates for cause this A GREEMENT and the services of EMPLOYEE hereunder, the CITY shall have no obligation to pay the severance provided in Section 4. In order to comply with the requirements of California Government Code section 3304(c), a termination by the City Manager for cause shall be conducted in accordance with the following procedures:
(a) Within ten (10) days of receipt of written notice under Section 3.5, EMPLOYEE may submit a request in writing to the City Manager for an administrative appeal.
Such appeal shall not prohibit or otherwise delay the termination of EMPLOYEE prior to the administrative appeal. Failure to timely file such a request shall be deemed to be a waiver of the right to do so.
(b) Upon EMPLOYEE’s written appeal request, t he City Manager shall appoint an independent hearing officer to conduct a n administrative hearing and issue an advisory decision which shall then be reviewed and considered and either adopted, modified or rejected by City Council. Both the EMPLOYEE and the CITY and their respective representatives, if any, shall make reasonable efforts to set an administrative appeal hearing date within thirty (30) days from the City Manager’s receipt of the written appeal request. (c) At the administrative appeal hearing, the independent hearing officer shall be presented with both the information and documents on which the CITY based its decision to terminate as well as any information and documents on which the C ITY based its decision to terminate for cause as well as any information and documentation that the EMPLOYEE 422
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6 chooses to submit to challenge the C ITY’s information and documents to raise mitigating circumstances for consideration by the independent hearing officer. (d) Within thirty (30) days of completing the hearing, the independent hearing officer shall issue an advisory decision in writing to the City Council determining whether EMPLOYEE was properly terminated and whether there was sufficient “cause” to justify not paying severance under the terms of this AGREEMENT. Following City Council’s review and consideration of the advisory decision, EMPLOYEE shall be notified in writing as to whether the advisory decision will be upheld, modified or rescinded.
3.6 Termination by City Manager Without Cause . By providing EMPLOYEE at least thirty (30) days’ prior written notice thereof, the C ITY may terminate EMPLOYEE without cause but rather based upon management reasons such as implementing the CITY’s goals or policies, including but not limited to: (i) “ change of administration,” or ( ii) “incompatibility of management styles.” These reasons, without any additional explanation, shall be sufficient to constitute “reason or reasons” in accordance with Government Code section 3304(c). In the event EMPLOYEE is terminated without cause, EMPLOYEE expressly agrees that EMPLOYEE shall not be entitled to any severance pay as the result of the termination of this AGREEMENT except as provided in Section 4.1 below. In order to comply with the requirements of California Government Code section 3304(c), in the event of termination without cause, EMPLOYEE may request to appear before the City Council, without an attorney present, prior to the effective date of the termination to challenge the reasons for the termination without cause or to raise mitigating circumstances regarding the termination.
4.0 SEVERANCE
4.1 Severance Pay. In the event EMPLOYEE is terminated without cause and does not challenge such termination , including but not limited to by means of appeal or civil or administrative claim, then CITY shall pay to EMPLOYEE severance in an amount equal to the monthly base salary of EMPLOYEE then in effect multiplied by six (6) excluding the value of any benefits.
Notwithstanding the foregoing, Government Code Section 53260 provides that all contracts of employment with a city must include a provision limiting the maximum cash settlement for the termination of the contract to the monthly salary (excluding benefits) multiplied by the number of months left on the unexpired term, but not more than 18 months if the unexpired term exceeds 18 months. Accordingly, should such proposed severance payment exceed the amount authorized to be paid under Government Code Section 53260, then the amount paid to EMPLOYEE shall be reduced in the amount necessary to comply with such statute. (For example, if termination occurs with two (2) months left in the term, severance would be equal to the monthly base salary multiplied by two (2) rather than the six (6) months provided in this Section.)
4.2 No Severance Pay if Termination for C ause or Initiated by E MPLOYEE.
As provided in Section 3.5, should Employee be terminated for cause, the C ITY shall have no obligation to pay the severance provided for in Section 4.1 above. As provided in Section 3.3, should EMPLOYEE initiate termination of this AGREEMENT, the CITY shall have no obligation 423
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7 to pay the severance provided for in Section 4.1 above. Furthermore, i n the event that this AGREEMENT expires by its own terms, then EMPLOYEE shall not be entitled to any severance.
4.3 Sole Rights. The severance rights provided in this Section 4.0 shall constitute the sole and only entitlement of EMPLOYEE with respect to severance pay in the event of the termination . EMPLOYEE expressly waives any and all other rights with respect to severance pay except as provided herein. Any and all severance rights are conditioned upon and in consideration for execution of the standard “Agreement of Separation, Severance, and General Release” attached hereto in form only as Exhibit “B.”
5.0 PERFORMANCE EVALUATIONS
5.1 Purpose. The performance review and evaluation process set forth herein is intended to provide review and feedback to EMPLOYEE so as to facilitate a more effective management of the Police Department and the CITY. Nothing herein shall be deemed to alter or change the employment status of EMPLOYEE as Chief of Police (as set forth in Section 1.5 above), nor shall this Section 5.0 be construed as requiring “ cause” to terminate this AGREEMENT, or the services of EMPLOYEE hereunder.
5.2 Annual Evaluation. The City Manager shall conduct a formal or informal review and evaluate the performance of EMPLOYEE on an annual basis to coincide with the anniversary date of EMPLOYEE’s appointment to the position of Chief of Police . Such performance review and evaluation shall be conducted concurrently with an annual base salary review provided for in Section 2.3 above, and in accordance with the purpose noted in Section 5.1 above.
5.3 Written Summary. The City Manager may, at his or her sole discretion, elect to provide a written summary of each performance evaluation to EMPLOYEE within two (2) weeks following the conclusion of the performance review and evaluation process, and may, at his or her sole discretion, schedule at least one (1) City Council closed session with EMPLOYEE to deliver and discuss the evaluation.
6.0 BENEFITS AND OTHER COMPENSATION
6.1 Professional Development. The C ITY recognizes its obligation to the professional development of its Chief of Police and agrees that EMPLOYEE shall be given adequate opportunities to develop and maintain skills and abilities as a public administrator.
EMPLOYEE is expected and encouraged to and does agree to participate in professional organizations and to attend Area and Regional meetings and conferences related to matters of interest to the CITY consistent with the time required for such attendance in relationship to EMPLOYEE’s other responsibilities as determined by the City Manager. The City Manager hereby agrees to budget an amount to be determined in the exercise of his or her sole discretion to pay the cost, travel and subsistence expense of EMPLOYEE for professional and/or official travel, meetings, and occasions adequate to continue professional development of EMPLOYEE and to adequately pursue necessary official functions for the C ITY. These activities shall include membership in the International Association of Chiefs of Police (“IACP”), California Police Chiefs Association (“Cal Chiefs”), and the Los Angeles County Police Chiefs Association and 424
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8 attendance at the IACP conference once every two years and annual attendance at the Cal Chiefs and Los Angeles County Police Chiefs Association conference s, if any. EMPLOYEE shall be responsible for maintaining any professional certifications recognized as necessary or desirable in the performance of the duties hereunder. Tuition and cost of books will be reimbursed to EMPLOYEE for professional and technical courses approved by the City Manager and taken in an accredited educational institution provided that: the subject matter of the course relates directly to and contributes toward the Chief of Police position with the CITY; EMPLOYEE has received at least a competent proficiency rating on the last performance evaluation report; and EMPLOYEE has furnished evidence that the course has been completed with at least a “C” or “pass” grade.
The City Manager also agrees to budget and pay for travel and subsistence expenses of EMPLOYEE for short courses, institutes, and seminars that are necessary for EMPLOYEE’s professional development and for the good of the CITY. The City Manager agrees to budget and pay for professional dues and subscriptions of EMPLOYEE reasonably related to the professional growth, development, education, and training of EMPLOYEE.
6.2 Paid Leave.
(a) Sick Leave: EMPLOYEE shall be entitled to ninety-six (96) hours of one hundred percent (100%) sick leave annually. Sick leave shall accrue at the rate of 3.69 60 hours per bi-weekly pay period. Sick leave may only be accrued to a maximum of one hundred ninety-two (192) hours at which point sick leave accrual will cease until the accrued hours fall below the maximum of one hundred ninety-two (192) hours. Requests for use of sick leave shall be in minimum increments of one hour. However, where such request has not been made in advance, sick leave must be used and deducted from accruals on a minute by minute basis for time missed from normal work hours which for purposes of this Section are deemed to be normal City operating hours. Upon termination for any reason, EMPLOYEE shall be entitled to cash out sick leave on the books then existing up to one hundred (100) hours. Alternatively, upon retirement from the City of Bell, EMPLOYEE may use any 100% sick leave then remaining towards CalPERS service credit.
For purposes of this Section, “seventy-five percent sick leave” shall mean sick leave with seventy-five percent (75%) of pay. “Fifty percent sick leave” shall mean sick leave with fifty percent (50%) of pay. During each five (5) year increment of regular employment, EMPLOYEE will be entitled to accrue 75% sick leave hours and 50% sick leave hours as follows:
Years of Service 75% Hours 50% Hours
0-5 112 112
5-10 224 336
10-15 448 616
15-20 448 896
20-25 448 1,456
EMPLOYEE shall be eligible to use 75% sick leave following exhaustion of 100% sick leave. Following exhaustion of 75% sick leave, EMPLOYEE shall be eligible to use 50% sick leave. At the end of each five -year increment, any unused 75% and 50% sick leave hours will expire and EMPLOYEE will accrue the corresponding value of the next five-year increment. 425
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9 Three (3) 100% sick leave days may be used each fiscal year for severe illness in EMPLOYEE’s immediate family.
(b) Vacation Leave. EMPLOYEE shall be entitled to one hundred and sixty (160) hours of vacation leave annually, accruing at the rate of 6.1538 hours bi -weekly.
EMPLOYEE shall have the right to cash in a combined maximum of eighty ( 80) vacation leave hours annually, provided that a minimum of eighty ( 80) vacation leave hours must be left in the regular vacation bank at time of cash out. All requests for vacation leave cash out shall be subject to the review and approval of the City Manager; approval of vacation leave cash out shall be contingent upon the fiscal ability of the City. Vacation leave may only be accrued to a maximum of two hundred eighty (280) hours at which point vacation leave accrual will cease until the accrued hours fall below the maximum of two hundred eighty (280) hours. Requests for use of vacation leave shall be in minimum increments of one hour. However, where such request has not been made and approved in advance, vacation leave must be used and deducted from accruals on a minute by minute basis for time missed from normal work hours which for purposes of this section are deemed to be normal City operating hours. Upon termination, for any reason, EMPLOYEE shall be entitled to one hundred percent ( 100%) of the unused vacation leave on the books then existing.
(c) Paid Administrative Leave . (Also known as Executive Leave .) EMPLOYEE shall be credited with paid administrative leave upon the Effective Date of the AGREEMENT to reach a total of forty (40) hours of paid administrative leave. In subsequent years, EMPLOYEE shall be credited with forty (40) hours of paid administrative leave on the first pay period of the payroll calendar year. Use of administrative leave is subject to City Manager approval. Paid administrative leave is capped at forty (40) hours such that any leave not used in the prior calendar year shall be deducted from the next year’s accrual. Requests for use of paid administrative leave shall be in minimum increments of one hour. However, where such request has not been made and approved by the City Manager, administrative leave may be deducted from accruals on a minute by minute basis for time missed from normal work hours which for purposes of this Section are deemed to be normal City operating hours. Upon termination, any remaining accrued paid leave owed to EMPLOYEE shall be paid out.
(d) Holiday Leave.
(1) Paid holidays. EMPLOYEE will be entitled to a total of thirteen (13) holidays each fiscal year. The CITY’s past practice has been to observe the following ten (10) holidays: New Year’s Day, Martin Luther King Day, President’s Birthday, Memorial Day, Independence Day, Labor Day, Veteran’s Day, Thanksgiving Day, Day after Thanksgiving, and Christmas Day.
(2) Floating holidays. As the CITY’s past practice has been to observe ten (10) holidays each fiscal year, EMPLOYEE shall accrue three (3) discretionary, floating holidays (24 hours) every year, for a total of 13 holidays. In the event that the City Council designates more than ten holidays in a given fiscal year, EMPLOYEE shall only be entitled to the number of floating holidays needed in order to bring his total number of holidays per year to thirteen. (For example, if the CITY observes one holiday in addition to those designated above, then EMPLOYEE shall only be eligible for two floating holidays.) 426
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10 Floating holidays shall be taken at EMPLOYEE’s discretion with the approval of the City Manager. Permission to take the floating holiday will not be unreasonably withheld. The floating holiday must be taken prior to the ending of the applicable fiscal year; it may not be carried over to the following fiscal year. Use of the floating holiday leave shall be limited to a minimum of one (1) hour increments.
(e) Bereavement Leave. EMPLOYEE shall be entitled up to three (3) working days paid bereavement leave due to the death of EMPLOYEE’s spouse, parent, brother, sister, child, grandchild, grandparent, aunt or uncle, or any person related in such capacity to the EMPLOYEE’s spouse with approval from the City Manager. For purposes of compliance with Government Code section 12945.7, Employee shall be entitled to two additional days of bereavement leave (totaling five days), which will be unpaid unless Employee elects to use accrued vacation, sick, administrative, or floating holiday leave for pay on these days. (f) Personal Leave. EMPLOYEE may use up to three (3) 100% sick leave days per fiscal year for personal business with prior City Manager approval. (g) Leave without pay. A conditional leave may be granted without pay not to exceed one month with the approval of the City Manager. The City Council may grant a conditional leave without pay not to exceed one year. (h) Family Care Leave. Leave shall be in accordance with all applicable state and federal statutes and regulations, including but not limited to the Family and Medical Leave Act (“FMLA”) and California Family Rights Act (“CFRA”).
6.3 Retirement.
(a) Retirement Plan. EMPLOYEE is believed to be a “new member” as defined by CalPERS. Accordingly, EMPLOYEE shall to be permitted to participate in the CITY’s CalPERS Retirement Program for Safety E mployees, Tier III (“ PEPRA”), which is the
2.7% at 5 7 formula. Such formula is subject to the following CalPERS contract provisions: (i) highest thirty-six (36) consecutive months compensation; (ii) survivor continuance; (iii) 1959 survivor benefit- third level; (iv) military service credit; (v) 1957 survivor benefit; (vi) CalPERS Health Care; and (vii) 2% annual cost of living adjustment. (b) Employee C ontribution. CITY will pay the employer portion of retirement contribution to CalPERS. EM PLOYEE shall be responsible for the full member contribution for EMPLOYEE’s CalPERS retirement plan, currently at fourteen and one -half percent (14.5%) of EMPLOYEE’s pre-tax compensation.
6.4 Automobile. EMPLOYEE’s duties require that the Chief of Police shall have the exclusive and unrestricted use at all times during employment of a CITY vehicle. CITY shall provide all attendant operating and maintenance expenses and insurance. EMPLOYEE shall be governed by any and all CITY policies regarding the use of CITY vehicles.
6.5 Medical, Dental, Vision, and Life Insurance. The CITY shall provide medical, dental, and vision insurance to EMPLOYEE and his dependents in any City-approved CalPERS Health Plan at no cost to EMPLOYEE. In the event of dual insurance coverage through 427
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11 a non- CITY sponsored plan, EMPLOYEE and his dependents shall become ineligible for the benefits in this Section 6.5. In the event EMPLOYEE elects to “opt out” of medical insurance coverage and can show evidence of medical insurance coverage elsewhere, he shall be eligible to receive $500 per month in lieu of insurance coverage for all months for which he opts out . If EMPLOYEE elects to cancel CITY health insurance coverage for himself and all eligible family members, then he must provide proof of other coverage. In such case, EMPLOYEE must sign a document stating his desire to waive CITY health insurance coverage, thereby also w aiving any liability to the CITY for his decision to cease said coverage. The CITY shall provide a life insurance policy (for EMPLOYEE only) in the amount of one hundred thousand dollars ($100,000).
6.6 Uniforms Allowance. EMPLOYEE shall receive the amount of One Thousand Two Hundred and Fifty Dollars ($1,250.00) per year as uniform allowance ($104.17 per month). Payment of the uniform allowance will be paid equally between the first two pay periods each month.
6.7 Technology Allowance. EMPLOYEE shall be provided a technology allowance of one hundred dollars ($100.00) per month so that EMPLOYEE may be available for immediate communications with the City Manager for CITY business. The CITY shall not be liable for any expenses or taxes beyond the allowance.
6.8 Education.
(a) Tuition Reimbursement. EMPLOYEE will be reimbursed up to seventy-five percent (75%) of tuition fees equal or equivalent to those of the California State University System. Educational programs must be job -related. EMPLOYEE’s completion of a job-related Master’s or graduate degree shall be eligible for reimbursement , subject to the requirements of this Section 6.8( a). Approval must be requested from the City Manager prior to enrollment in order to qualify for the reimbursement. Excess tuition fees shall be paid by EMPLOYEE. Educational institutions must be an accredited two-year college or four-year college or university. Reimbursement shall take place after successful completion of the course and receiving a grade of "C" or better. This reimbursement shall not be considered special compensation as defined in Section 571 of the California Code of Regulations. (b) POST Management Certificate Requirement. EMPLOYEE must maintain a POST Management Certificate through the duration of his service as Chief of Police.
6.9 Jury Duty. If EMPLOYEE is summoned to jury duty, he shall receive his regular pay up to forty (40) hours annually. In the event EMPLOYEE receives any reimbursement from the court, such reimbursement shall be reimbursed to the CITY, excluding mileage received for said jury duty.
6.10 Deferred Compensation. EMPLOYEE shall be eligible to participate in the CITY’s deferred compensation plan, with no contribution made by the CITY.
7.0 INDEMNIFICATION
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12 To the extent mandated by the California Government Code, the CITY shall defend, hold harmless , and indemnify EMPLOYEE against any tort, professional liability, claim or demand, or other legal action arising out of an alleged act or omission occurring in the performance of EMPLOYEE’s services under this A GREEMENT. This section shall not apply to any intentional tort or crime committed by EMPLOYEE, to any action outside the course and scope of EMPLOYEE’s employment, or any other intentional or malicious conduct or gross negligence of EMPLOYEE.
8.0 OTHER TERMS- CONDITIONS OF EMPLOYMENT
The City Manager, in consultation with EMPLOYEE, shall establish any such other terms and conditions of employment as he or she may determine from time to time, provided such terms and conditions do not exceed the maximum salary and benefits approved by the City Council for all department heads and are reduced to writing by means of a formal amendment hereto and signed by EMPLOYEE and the City Manager.
9.0 GENERAL PROVISIONS
9.1 Entire AGREEMENT. This A GREEMENT represents the entire AGREEMENT and understanding between the P arties and supersedes any and all other agreements and understandings, either oral or in writing, between the P arties with respect to EMPLOYEE’s employment by the C ITY and contains all of the covenants and agreements between the P arties with respect to such employment. No ordinances or resolutions of C ITY governing employment, including the Civil Service System, shall apply unless specified herein.
Each Party to this AGREEMENT acknowledges that no representations, inducements, promises or agreements, orally or otherwise, have been made by either Party, or anyone acting on behalf of either Party, which are not embodied herein, and that no other agreement, statement or promises not contained in this AGREEMENT shall be valid or binding upon either Party.
9.2 Amendment. This A GREEMENT may be amended at any tim e by the mutual consent of the P arties by an instrument in writing , which amendment shall require City Council approval, except where City Manager approval is expressly authorized herein.
9.3 Notices. Any notice required or permitted by this AGREEMENT shall be in writing and shall be personally served or shall be sufficiently given when served upon the other Party as sent by United States Postal Service, postage prepaid and addressed as follows:
To CITY:
To Chief of Police:
City Manager Damian A. Velasco
City of Bell [On file with Human Resources Dept.]
6330 Pine Ave.
Bell, California 90201
Notices shall be deemed given as of the date of personal service or upon the date of deposit in the course of transmission with the United States Postal Service. 429
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13 9.4 Conflicts Prohibited . During the term of this A GREEMENT, EMPLOYEE shall not engage in any business or transaction or maintain a financial interest which conflicts, or reasonably might be expected to conflict, with the proper discharge of EMPLOYEE’s duties under this A GREEMENT. EMPLOYEE shall comply with all requirements of law, including but not limited to, Sections 87100 et seq ., Section 1090 and Section 1126 of the Government Code, and all other similar statutory and administrative rules.
9.5 Effect of Waiver. The failure of either Party to insist on strict compliance with any of the terms, covenants, or conditions of this AGREEMENT by the other Party shall not be deemed a waiver of that term, covenant, or condition, nor shall any waiver or relinquishment of any right or power at any one time or times be deemed a waiver or relinquishment of that right or power for all or any other times.
9.6 Partial Invalidity. If any provision in this A GREEMENT is held by a court of competent jurisdiction to be invalid, void or unenforceable, the remaining provisions shall nevertheless continue in full force without being impaired or invalidated in any way.
9.7 Governing Law. This AGREEMENT shall be governed by and construed in accordance with the laws of the State of California, which are in full force and effect as of the date of execution and delivery by each Party hereto.
9.8 Government Code §§ 53243 - 53243.4. Assembly Bill 1344, which was subsequently enacted as Government Code §§ 53243 - 53243.4, sought to provide greater transparency in local government and institute certain limitations on compensation paid to local government executives. These statutes also require that contracts between local agencies and its employees include provisions requiring an employee who is convicted of a crime involving an abuse of his office or position to provide reimbursement to the local agency for the following forms of payment: (i) paid leave salary; (ii) criminal defense costs; (iii) cash settlement payments; and (iv) any non-contractual settlement payments. Accordingly, the Parties agree that it is their mutual intent to fully comply with these Government Code sections and all other applicable law as it exists as of the date of execution of this AGREEMENT and as such laws may be amended from time to time thereafter. Specifically, the following Government Code sections are called out and hereby incorporated by this AGREEMENT:
§53243. Reimbursement of paid leave salary required upon conviction of crime involving office or position.
§53243.1. Reimbursement of legal criminal defense upon conviction of crime involving office or position.
§53243.2. Reimbursement of cash settlement upon conviction of crime involving office or position.
§53243.3. Reimbursement of noncontractual payments upon conviction or crime involving office or position.
§53243.4. “Abuse of office or position” defined.
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14 EMPLOYEE represents that EMPLOYEE has reviewed, is familiar with, and agrees to comply fully with each of these provisions if any of these provisions are applicable to EMPLOYEE, including that EMPLOYEE agrees that any cash settlement or severance related to a termination that EMPLOYEE may receive from the CITY shall be fully reimbursed to the local agency if EMPLOYEE is convicted of a crime involving an abuse of EMPLOYEE’s office or position.
9.9 Independent Legal Advice. The CITY and EMPLOYEE represent and warrant to each other that each has received legal advice from independent and separate legal counsel with respect to the legal effect of this AGREEMENT, or had the opportunity to do so, and the CITY and EMPLOYEE further represent and warrant that each has carefully reviewed this entire AGREEMENT and that each and every term thereof is understood and that the terms of this AGREEMENT are contractual and not a mere recital. This AGREEMENT shall not be construed against the Party or its representatives who drafted it or who drafted any portion thereof.
{SIGNATURES ON FOLLOWING PAGE}
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15 IN WITNESS WHEREOF, the City of Bell has caused this A GREEMENT to be signed and executed on its behalf by its City Manager , and duly attested by its officers ther eunto duly authorized, and EMPLOYEE has signed and executed this AGREEMENT, all in triplicate.
CITY OF BELL
_______________________________
Michael L. Antwine II, City Manager
ATTEST:
_____________________________
Angela Bustamante, City Clerk
APPROVED AS TO FORM:
_____________________________
David J. Aleshire, City Attorney
CHIEF OF POLICE
_____________________________
Damian A. Velasco
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EXHIBIT A
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CLASSIFICATION SPECIFICATION
CITY OF BELL
CHIEF OF POLICE
DEFINITION
Under general policy direction and consistent with community priorities and needs, plans, directs, manages, coordinates and supervises police programs, functions and activities for the Police Department encompassing patrol, investigations, jail operations, neighborhood policing, crime prevention, parking enforcement and administrative support services; conducts strategic planning for the department; develops and implements disaster and emergency preparedness plans; develops and implements departmental policies and procedures; develops and manages the department’s annual budget; provides highly complex technical and administrative support, and serves as an advisor to the Chief Administrative Officer and City Council; and performs related duties as assigned.
SUPERVISION RECEIVED AND EXERCISED
Receives policy direction from the Chief Administrative Officer.
Exercises direct supervision over sworn and non‐sworn management, supervisory, professional, and technical staff.
ESSENTIAL DUTIES
Duties may include, but are not limited to, the following:
• Plans, directs and coordinates programs, functions and activities for the Police Department encompassing patrol, investigations, jail operations, neighborhood policing, crime prevention, parking enforcement and administrative support services. • Develops policies and procedures and ensures that activities are conducted in accordance with laws, ordinances, rules and regulations. • Develops, plans, and implements department goals and objectives; recommends and administers policies and procedures.
• Develops and implements long and short‐term strategic plans in support of department and community policing related goals and objectives.
• Continuously monitors and evaluates the efficiency and effectiveness of service delivery methods and procedures; assesses and monitors work load, administrative and support system, and internal reporting relationships; identifies opportunities for improvement; directs implementation of changes.
434
City of Bell
Classification Specification
Police Chief
2 • Manages the development and administration of the department’s budget; forecasts the needs for additional funding for staff, equipment, materials and supplies; directs the monitoring of, and approves, expenditures.
• Provides highly complex technical and administrative support, and serves as advisor to City Council and the Chief Administrative Officer on law enforcement matters. • Coordinates the department’s activities with those of other departments and outside agencies and organizations.
• Plans, directs and coordinates the department’s work program; meets with staff to identify and resolve problems; assigns projects and programmatic areas of responsibility; reviews and evaluates work methods and procedures. • Selects, trains, motivates and evaluates staff; provides or coordinates staff training; conducts performance evaluations; implements discipline procedures; ensures the provision of a high performing department to serve the needs of the City. • May direct highly complex and high profile investigations. • Coordinates law enforcement activities with City departments and other law enforcement agencies to ensure an integrated response.
• Assumes responsibility for public relations activities for the department by responding to questions from the media and the general public; informs, advises, and listens to members of the community; attends community events to provide the public with information on department services and operations.
• Rep resents the City and the department in various boards, committees, and with community business and citizen leaders.
• Performs related duties as assigned.
QUALIFICATIONS GUIDELINES
To qualify for this position, an individual must possess a combination of experience, education, and/or training that would likely produce the knowledge and abilities required to perform the work. A desirable combination of qualifications is described as follows:
Education:
Bachelor’s Degree in criminal justice or a related field from an accredited university or college. A Master’s Degree in criminal justice or a related field from an accredited university or college preferred.
Experience:
Seven (7) years of progressively responsible administrative and supervisory management experience in law enforcement with a minimum of three (3) years at the management level.. 435
City of Bell
Classification Specification
Police Chief
3 REQUIRED KNOWLEDGE, SKILLS AND ABILITIES
Knowledge of:
• Operations, services and activities of a comprehensive municipal police department encompassing patrol, investigations, jail operations, neighborhood policing, crime prevention, and parking enforcement.
• Functions and objectives of the police department and other local, state and federal law enforcement agencies.
• Principles and practices of strategic plan development and implementation. • Principles and practices of public administration.
• Principles and practices of leadership, motivation, team building and conflict resolution. • Organizational and management practices as applied to the analysis and evaluation of programs.
• Principles and practices of organization, administration and personnel management. • Principles and practices of budget preparation and administration. • Community demographics.
• Principles of the criminal justice system including law enforcement authorities and the rights of citizens.
• Provisions of the criminal court system.
• Legal rulings impacting department operations.
• Rules of evidence as it pertains to the collection and use of same in criminal investigations. • Public relations techniques.
• Public service Spanish and use of common translation techniques • Operational characteristics of equipment and materials used in law enforcement programs including vehicles, firearms and restraining instruments. • Me thods and techniques of diffusing potentially dangerous situations. • Comprehensive knowledge of all local, State, and Federal rules, regulations, and pertinent ordinances and mandates affecting law enforcement services.
Ability to:
• Successfully complete a California Peace Officer Standards and Training Certified Background Investigation which includes a background investigation, psychological evaluation, and a comprehensive pre‐employment medical examination. 436
City of Bell
Classification Specification
Police Chief
4 • Plan, direct and control the administration and operations of the Police Department. • Represent the City's interests before other agencies. • Identify and respond to public and City Council issues and concerns. • Prepare and administer the department budget.
• Develop and implement department policies and procedures. • Supervise, train and evaluate assigned personnel; schedule work, set priorities and monitor work progress.
• Interpret, explain and apply mandated and department standard operating procedures; ensure compliance of sworn officers and non‐sworn staff with same. • Conduct complex external and internal investigations. • Gain cooperation through discussion and persuasion.
• Operate within the authorities of the department and the legal system in a judicious manner.
• Work effectively with the business community as well as representatives from other public agencies to meet the goals and objectives of all parties. • Analyze problems, identify alternative solutions, project consequences of proposed actions and implement recommendations in support of goals. • Think logically and react quickly in emergency situations under hostile conditions. • Maintain self‐control in challenging and dangerous situations. • E nsure the proper use and maintenance of assigned law enforcement vehicles and firearms.
• Maintain physical and emotional conditions necessary to perform assigned duties. • Communicate clearly, both orally and in writing.
• Understand and communicate with Spanish speaking residents using public service Spanish phrases or translators
• Communicate in Spanish, both orally and in writing is highly desirable • Establish and maintain effective working relationships with those contacted in the course of work.
LICENSE, CERTIFICATE, AND REGISTRATION REQUIREMENTS:
Possession of, or the ability to obtain, a California Class C driver’s license by the time of appointment. Possession of a California Peace Officer Standards and Training Management Certificate
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5 01135.0041 2013189.2
PHYSICAL AND MENTAL REQUIREMENTS
Mobility – frequent standing or sitting for extended periods; frequent walking; driving may be required; occasional pushing/pulling; occasional bending, kneeling, squatting and crawling.
Lifting – occasional lifting up to 20 pounds. Vision – constant use of good overall vision for reading/close up work; frequent use of color perception and eye/hand coordination; occasional use of depth perception and peripheral vision. Dexterity – frequent repetitive motion from writing and using a computer keyboard; frequent grasping, holding and reaching.
Hearing/Talking ‐ frequent hearing/talking to others on the telephone and in person; occasional hearing of faint sounds. Emotional/Psychological – frequent decision making and concentration, public contact; occasional working alone.
WORKING CONDITIONS
Work is performed in a typical temperature controlled office environment subject to typical office noise and environment or outdoors in a variety of weather or temperatures. Evening, holiday and/or weekend work is required.
(2/22/2017)
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01135.0041 2013189.2
EXHIBIT B
439
1 AGREEMENT OF SEPARATION, SEVERANCE, AND GENERAL RELEASE
1. PARTIES
This Agreement of Separation, Severance, and General Release (hereinafter referred to as the “AGREEMENT”) is entered into by and between the City of Bell , a charter city and municipal corporation (hereinafter referred to as “THE CITY”), and DAMIAN A. VELASCO, an individual (hereinafter referred to as “EMPLOYEE”).
2. RECITALS
2.1. EMPLOYEE was hired by THE CITY as an at-will Chief of Police effective on or about __________ serving at the pleasure of the City Manager of THE CITY pursuant to a written contract, a copy of which is attached hereto as Exhibit “A” (“ THE CONTRACT ”).
EMPLOYEE is currently ___ years old.
2.2. TH E CITY and EMPLOYEE desire that EMPLOYEE separate from employment with THE CITY and enter into a severance agreement whereby EMPLOYEE receives severance compensation in exchange for executing a general release and waiver of any and all claims that EMPLOYEE may have against THE CITY, including but not limited to its elected and non- elected officials, employees, attorneys, and agents. Accordingly, the parties hereto intend by this AGREEMENT to mutually conclude any and all employment relationships between THE CITY and EMPLOYEE by means of EMPLOYEE’s separation by means of _________________ as of ______, ____. T his AGREEMENT set s forth the full and complete terms and conditions concluding EMPLOYEE’s employment relationship with the CITY and any obligations related thereto, including any provided under THE CONTRACT.
2.3 I n accordance with this AGREEMENT and with applicable state and federal laws, EMPLOYEE acknowledges that EMPLOYEE has been advised of EMPLOYEE ’s post - employment rights, including but not limited to, EMPLOYEE ’s rights under the Consolidated Omnibus Budget Reconciliation Act of 1985 (“COBRA”), the Employee Retirement Income Security Act of 1974 ( “ERISA”), and the Health Insurance Portability and Accountability Act of 1996 (“HIPAA”).
3. CONSIDERATION
3.1 EMPLOYEE shall receive payment to him at the time of his voluntary separation all earned salary, accrued fringe benefits as detailed in THE CONTRACT, and/or all other wage compensation/benefits owed to EMPLOYEE upon separation of employment, as required by state, federal or municipal law or THE CONTRACT or any other agreement with THE CITY.
3.2 . In exchange for the waivers and releases set forth herein, THE CITY shall cause to be paid to EMPLOYEE an additional compensatory payment as severance pay by means of a lump sum payment of ___________________________ and __ cents ($______.00), as set forth in THE CONTRACT in the form of a check made payable to EMPLOYEE to be mailed to EMPLOYEE at EMPLOYEE’s home address via certified mail return receipt requested within thirty (30) business 440
2 days after the EFFECTIVE DATE (as defined below) of this AGREEMENT. The lump sum payment shall be subject to applicable state and federal withholdings as determined appropriate by THE CITY.
3.3 I n exchange for the severance payment provided for herein, EMPLOYEE, and on behalf of EMPLOYEE’s spouse, heirs, representatives, successors, and assigns, hereby releases, acquits, and forever discharges THE CITY, and each of its predecessors, successors, assigns, officials, employees, representatives, agents, insurers, attorneys, and all persons and entities acting by, through, under, or in concert with any of them, and each of them ( hereinafter referred to as “ THE CITY PARTIES”), from any and all cla ims, charges, complaints, contracts, understandings, liabilities, obligations, promises, benefits, agreements, controversies, costs, losses, debts, expenses, damages, actions, causes of action, suits, rights, and demands of any nature whatsoever, known or unknown, suspected or unsuspected, which EMPLOYEE now has or may acquire in the future, or which EMPLOYEE ever had, relating to or arising out of any act, omission, occurrence, condition, event, transaction, or thing which was done, omitted to be done, occurred or was in effect at any time from the beginning of time up to and including _______ __, ____ (hereinafter referred to collectively as “CLAIMS”), without regard to whether such CLAIMS arise under the federal, state, or local constitutions, statutes, rules or regulations, or the common law. EMPLOYEE expressly acknowledges that the CLAIMS forever barred by this AGREEMENT specifically include, but are not limited to, claims based upon any alleged breach of THE CONTRACT or any other agreement of employment, any demand for wages, overtime or benefits, any claims of violation of the provisions of ERISA, COBRA or HIPAA, any alleged breach of any duty arising out of contract or tort, any alleged wrongful termination in violation of public policy, any alleged b reach of any express or implied contract for continued employment, any alleged employment discrimination or unlawful discriminatory act, or any claim or cause of action including, but not limited to, any and all claims whether arising under any federal, state or local law prohibiting breach of employment contract, wrongful termination, or employment discrimination based upon age, race, color, sex, religion, handicap or disability, national origin or any other protected category or characteristic, and any and all rights or claims arising under the California Labor Code or Industrial Welfare Commission Wage Orders, the Federal Fair Labor Standards Act, the California Fair Employment and Housing Act, California Government Code §§12, 900 et seq., the Americans With Disabilities Act, Title VII of the Civil Rights Act of 1964, the Public Safety Officers Procedural Bill of Right Act, and any other federal, state, or local human rights, civil rights, or employment discrimination or employee rights statute, rule, or regulation. Nothing herein shall be interpreted as a release or waiver of any workers’ compensation claims or in any way prohibit or prevent EMPLOYEE from participating in any claims or administrative action brought by a state or federal agency. Furthermore, nothing herein shall be interpreted as a release or waiver of THE CITY’s statutory obligations relative to providing defense and indemnification of public employees, if any, including but not limited to Government Code Sections 825-825.6 and Sections 995-996.6.
4. S
PECIFIC ACKNOWLEDGMENT OF WAIVER OF CLAIMS UNDER
ADEA AND OWBPA
The Age Discrimination in Employment Act of 1967 (hereinafter referred to as the “ADEA”) makes it illegal for an employer to discharge any individual or otherwise discriminate with respect to the nature and privileges of an individual ’s employment on the basis that the individual is age forty (40) or older. The Older Workers Benefit Protection Act (hereinafter referred to as the “OWBPA,” 29 U.S.C. § 626, et seq., Pub L 101-433, 104 Stat. 978 (1990)) further 441
3 augments the ADEA and prohibits the waiver of any right or claim under the ADEA, unless the waiver is knowing and voluntary . By entering into this AGREEMENT, EMPLOYEE acknowledges that EMPLOYEE knowingly and voluntarily, for just compensation in addition to anything of value to which EMPLOYEE was already entitled, waives and releases any rights he may have under the ADEA and/or OWBPA. EMPLOYEE further acknowledges that EMPLOYEE has been advised and understands, pursuant to the provisions of the ADEA and OWBPA, that:
(a) This waiver/release is written in a manner understood by EMPLOYEE; (b) EMPLOYEE is aware of, and/or has been advised of, EMPLOYEE’s rights under the ADEA and OWBPA, and of the legal significance of EMPLOYEE’s waiver of any possible claims EMPLOYEE currently may have under the ADEA, OWBPA and/or similar age discrimination laws;
(c) EMPLOYEE is entitled to a reasonable time of at least twenty-one (21) days within which to review and consider this AGREEMENT and the waiver and release of any rights EMPLOYEE may have under the ADEA, the OWBPA and similar age discrimination laws; but may, in the exercise of EMPLOYEE’s own discretion, sign or reject this AGREEMENT at any time before the expiration of the twenty-one (21) days; (d) The waivers and releases set forth in this AGREEMENT shall not apply to any rights or claims that may arise under the ADEA and/or OWBPA after the EFFECTIVE DATE of this AGREEMENT;
(e) EMPLOYEE has been advised by this writing that EMPLOYEE should consult with an attorney prior to executing this AGREEMENT; (f) EMPLOYEE has discussed this waiver and release with, and been advised with respect thereto by, EMPLOYEE’s counsel of choice or at least had the opportunity to do so, and EMPLOYEE represents by signing this AGREEMENT that EMPLOYEE does not need any additional time within which to review and consider this AGREEMENT; (g) EMPLOYEE has seven (7) days following EMPLOYEE’s execution of this AGREEMENT to revoke the AGREEMENT;
(h) Notice of revocation within the seven (7) day revocation period must be provided, in writing, to THE CITY pursuant to Paragraph 8.9 herein, and must state, “ I hereby revoke my acceptance of our Agreement of Severance and General Release;” and (i) This AGREEMENT shall not be effective until all parties have signed the AGREEMENT and ten (10) days have passed since EMPLOYEE ’s execution of same (“EFFECTIVE DATE”).
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4 5. UNKNOWN CLAIMS
In relation to the release provisions of Paragraphs 3 and 4 above, EMPLOYEE understands that California Civil Code section 1542 reads as follows:
“ General Release--Claims Extinguished”
“A general release does not extend to claims that the creditor or releasing party does not know or suspect to exist in his or her favor at the time of executing the release and that, if known by him or her, would have materially affected his or her settlement with the debtor or released party.”
EMPLOYEE hereby waives the protection of California Civil Code section 1542.
6. WAIVER OF ADDITIONAL CLAIMS
EMPLOYEE hereby waives any provisions of state or federal law that might require a more detailed specification of the claims being released pursuant to the provisions of Paragraphs 3, 4, and 5 above.
7. REPRESENTATIONS AND WARRANTIES
Each of the parties to this AGREEMENT represents and warrants to, and agrees with, each other party as follows:
7.1. Advice of Counsel: The parties hereto have received independent legal advice from their respective attorneys concerning the advisability of entering into and executing this AGREEMENT or have been given the opportunity to obtain such advice. The parties acknowledge that t hey have been represented by counsel of their own choice in the negotiation of this AGREEMENT, that they have read this AGREEMENT; that they have had this AGREEMENT fully explained to them by such counsel, or have had such opportunity to do so and that they are fully aware of the contents of this AGREEMENT and of its legal effect.
7.2. No Fraud in Inducement : No party (nor any officer, agent, employee, representative, or attorney of or for any party) has made any statement or representation or failed to make any statement or representation to any other party regarding any fact relied upon in entering into this AGREEMENT, and neither party relies upon any statement, representation, omission or promise of any other party in executing this AGREEMENT, or in making the settlement provided for herein, except as expressly stated in this AGREEMENT.
7.3. Independent Investigation: Each party to this AGREEMENT has made such investigation of the facts pertaining to this settlement and this AGREEMENT and all the matters pertaining thereto, as it deems necessary.
7.4. Mistake Waived: In entering into this AGREEMENT, each party assumes the risk of any misrepresentation, concealment or mistake. If any party should subsequently discover that any fact relied upon by it in entering into this AGREEMENT was untrue, or that any fact was 443
5 concealed from it, or that its understanding of the facts or of the law was incorrect, such party shall not be entitled to any relief in connection therewith, including without limitation on the generality of the foregoing any alleged right or claim to set aside or rescind this AGREEMENT. This AGREEMENT is intended to be, and is, final and binding between the parties, regardless of any claims of misrepresentation, promise made without the intent to perform, concealment of fact, mistake of fact or law, or any other circumstance whatsoever.
7.5. Later Discovery: The parties are aware that they may hereafter discover claims or facts in addition to or different from those they now know or believe to be true with respect to the matters related herein. Nevertheless, it is the intention of the parties that EMPLOYEE fully, finally and forever settle and release all such matters, and all claims relative thereto, which do now exist, may exist or have previously existed against THE CITY or THE CITY PARTIES. In furtherance of such intention, the re leases given here shall be, and remain, in effect as full and complete releases of all such matters, notwithstanding the discovery or existence of any additional or different claims or facts relative thereto.
7.6. Indemnification: EMPLOYEE agrees to indemnify and hold harmless THE CITY or THE CITY PARTIES from, and against, any and all claims, damages, or liabilities sustained by them as a direct result of the violation or breach of the covenants, warranties, and representations undertaken pursuant to the provisions of this AGREEMENT. EMPLOYEE understands and agrees that EMPLOYEE shall be exclusively liable for the payment of all taxes for which EMPLOYEE is responsible, if any, as a result of EMPLOYEE’s receipt of the consideration referred to in Paragraph 3 of this AGREEMENT. In addition, EMPLOYEE agrees fully to indemnify and hold the CITY PARTIES harmless for payment of tax obligations as may be required by any federal, state or local taxing authority, at any time, as a result of the payment of the consideration set forth in Paragraph 3 of this AGREEMENT.
7.7. Future Cooperation & Consultation fees: EMPLOYEE shall execute all such further and additional documents as shall be reasonable, convenient, necessary or desirable to carry out the provisions of this AGREEMENT. EMPLOYEE shall provide THE CITY with consultation services (including deposition or trial testimony) in any litigation involving THE CITY which is reasonably related to acts or occurrences transpiring during EMPLOYEE’s employment. Said services shall be provided as needed by THE CITY at a rate of $100.00 per hour.
7.8. Return of Confidential Information and Property: Prior to the separation date, EMPLOYEE shall submit a written inventory of, and return to the City Clerk, all City keys, equipment, computer identification cards or codes, and other equipment or materials or confidential documents provided to or obtained by EMPLOYEE during the course of EMPLOYEE’s employment with THE CITY.
7.9 No Pending Claims and/or Actions : EMPLOYEE represents that EMPLOYEE has not filed any complaints or charges against THE CITY or THE CITY PARTIES with any local, state or federal agency or court; that EMPLOYEE will not do so at any time hereafter for any claim arising up to and including the EFFECTIVE DATE of this AGREEMENT; and that if any such agency or court assumes jurisdiction of any such complaint or charge against THE CITY or THE CITY PARTIES on behalf of EMPLOYEE, whenever or where ever filed, EMPLOYEE will request such agency or court to withdraw from the matter forthwith . Nothing herein shall be 444
6 interpreted as a release or waiver of any workers’ compensation claims or in any way prohibit or prevent EMPLOYEE from participating in any claims or administrative action brought by a state or federal agency.
7.10. Ownership of Claims: EMPLOYEE represents and warrants as a material term of this AGREEMENT that EMPLOYEE has not heretofore assigned, transferred, released or granted, or purported to assign, transfer, release or grant, any of the CLAIMS disposed of by this AGREEMENT. In executing this AGREEMENT, EMPLOYEE further warrants and represents that none of the CLAIMS released by EMPLOYEE thereunder will in the future be assigned, conveyed, or transferred in any fashion to any other person and/or entity.
7.11 Enforcement Fees and Costs: Should any legal action be required to enforce the terms of this AGREEMENT, the prevailing party shall be entitled to reasonable attorneys’ fees and costs in addition to any other relief to which that party may be entitled.
7.12 Authority: Each party represents to the other that it has the right to enter into this AGREEMENT, and that it is not violating the terms or conditions of any other AGREEMENT to which they are a party or by which they are bound by entering into this AGREEMENT. The parties represent that they will obtain all necessary approvals to execute this AGREEMENT. It is further represented and agreed that the individuals signing this AGREEMENT on behalf of the respective parties have actual authority to execute this AGREEMENT and, by doing so, bind the party on whose behalf this AGREEMENT has been signed.
8. MISCELLANEOUS
8.1. No Admission: Nothing contained herein shall be construed as an admission by THE CITY of any liability of any kind. THE CITY denies any liability in connection with any claim and intends hereby solely to avoid potential claims and/or litigation and buy its peace.
8.2. Governing Law: This AGREEMENT has been executed and delivered within the State of California, and the rights and obligations of the parties shall be construed and enforced in accordance with, and governed by, the laws of the State of California.
8.3. Full Integration: This AGREEMENT is the entire agreement between the parties with respect to the subject matter hereof and supersedes all prior and contemporaneous oral and written agreements and discussions. This AGREEMENT may be amended only by a further agreement in writing, signed by the parties hereto.
8.4. Continuing Benefit: This AGREEMENT is binding upon and shall inure to the benefit of the parties hereto, their respective agents, spouses, employees, representatives, officials, attorneys, assigns, heirs, and successors in interest.
8.5. Joint Drafting: Each party agrees that it has cooperated in the drafting and preparation of this AGREEMENT. Hence, in any construction to be made of this AGREEMENT, the parties agree that same shall not be construed against any party.
8.6. Severability: In the event that any term, covenant, condition, provision or agreement contained in this AGREEMENT is held to be invalid or void by any court of competent 445
7 jurisdiction, the invalidity of any such term, covenant, condition, provision or agreement shall in no way affect any other term, covenant, condition, provision or agreement and the remainder of this AGREEMENT shall still be in full force and effect.
8.7. Titles: The titles included in this AGREEMENT are for reference only and are not part of its terms, nor do they in any way modify the terms of this AGREEMENT.
8.8. Counterparts: This AGREEMENT may be executed in counterparts, and when each party has signed and delivered at least one such counterpart, each counterpart shall be deemed an original, and, when taken together with other signed counterparts, shall constitute one AGREEMENT, which shall be binding upon and effective as to all parties.
8.9. Notice: Any and all notices given to any party under this AGREEMENT shall be given as provided in this paragraph. All notices given to either party shall be made by certified or registered United States mail, or personal delivery, at the noticing party ’s discretion, and addressed to the parties as set forth below. Notices shall be deemed, for all purposes, to have been given and/or received on the date of personal service or three (3) consecutive calendar days following deposit of the same in the United States mail.
As to EMPLOYEE:
At EMPLOYEE’s home address on file with THE CITY.
As to THE CITY:
City Manager
City of Bell
6330 Pine Ave.
Bell, California 90201
IN WITNESS WHEREOF, THE CITY has caused this AGREEMENT to be signed and executed on its behalf by its Mayor and duly attested by its City Clerk, EMPLOYEE has signed and executed this AGREEMENT, and the attorneys for THE CITY and EMPLOYEE, if any, have approved as to form as of the dates written below.
DATED: ________________ EMPLOYEE
By: _________________________________
Damian A. Velasco
THE CITY
DATED: __________________ By: _________________________________ Mayor
446
8 ATTEST:
__________________________
City Clerk
APPROVED AS TO FORM:
ALESHIRE & WYNDER, LLP
By: _______________________________
_____________, City Attorney
[EMPLOYEE’S L AW FIRM]
By: _______________________________
[Counsel]
447
UNDER SEPARATE COVER
AGENDA ITEM NO. 15
15. Approval of a Fiscal Year 2024/25 Budget Amendment to Transfer $250,000 from General Fund Reserves to the Community Development Department's Professional Services Fund
Recommendation: It is recommended that City Council read by title only, waive further reading and adopt Resolution 2025-36 titled:
A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF BELL
APPROVING A FISCAL YEAR 2024 -25 BUDGET AMENDMENT TO
TRANSFER $250,000 FROM THE GENERAL FUND RESERVES TO
THE COMMUNITY DEVELOPMENT DEPARTMENTS
PROFESSIONAL SERVICES ACCOUNT
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AGENDA ITEM 17
City of Bell
Agenda Report
DATE: June 25, 2025
TO: Mayor and Members of the City Council
FROM: Janine Andrade, Community Services Director
APPROVED Michael L. Antwine II (e-signature)
BY: ________________________________________
Michael L. Antwine II, City Manager
SUBJECT: Donation Report for the Month of May 2025
RECOMMENDATION:
It is recommended that the City Council receive and file this report.
FISCAL IMPACT:
The Community Services Department received in-kind donations for the month of May 2025.
STRATEGIC PLAN 2023-25:
Target 4: Fostering Financial Resilience
Goal 7: Leverage Partnerships for Funding Opportunities Action Item 1: Developing memorandum of understanding and cooperate partnerships with Community partners, vendors, service clubs, clergy, and schools.
ATTACHMENT(S):
1. Donations List, May 2025
520
ATTACHMENT 1
ORGANIZATION
OWNER/
REPRESENTATIVE
NOTES/ DESCRIPTION
DEPARTMENT
ACCOUNT
Celsius Wayra Schreiber Celsius Sparkling Energy Drink CSD N/A Northgate Markets Teresa Blanco Bananas Total Value $300.00 CSD N/A Northgate Markets Teresa Blanco Cases of Water Total Value $500.00 CSD N/A May 2025
Donations List
521
City of Bell
Agenda Report
DATE:
TO:
FRO
M:
APPROVED
BY:
June 25, 2025
Mayor and Members of the City Council
Rickey Manbahal, Finance Director
Michael L. Antwine II (e-signature)
________________________________________
Michael L. Antwine II, City Manager
SUBJEC
T: City of Bell & Bell Successor Agency Investment Reports as of May 2025.
RECOM
MENDATION:
It i
s recommended that the City Council receive and file this report.
BACKGRO
UND:
Per t
he requirements of the California Government Code and the City of Bell’s Investment Policy, a monthly investment report is published that discloses the status of investments.
The repor
t includes types of investments, issuers, maturity dates, book values and the current market value as of the date of the report.
OVERVI
EW OF CITY INVESTMENTS
The Cit
y’s investment portfolio is divided between The California Treasurer’s Local Agency Investment Fund (“LAIF”) and Asset- Backed Security, Agency Issues, Commercial Paper, US Treasury, Money Market, Commercial Mortgage, Supranational, US Corporate, Foreign Corporate.
The Cal
ifornia Treasurer’s Local Agency Investment Fund (“LAIF”) comprises 63.80% of the City’s total investment portfolio. This is a liquid investment that allows participants to earn market rate of returns, while retaining access to the fund within 24 to 48 hours of a withdrawal request with no penalty. The remainder of the City’s portfolio is composed of investments that may be liquidated at any time. However, these investments likely do not provide the short liquidity of the pooled money funds, and liquidation/withdrawal of these investments is at the risk of loss and/or penalty to the City.
The attac
hed Investment Reports for the City and Successor Agency reflect the portfolio at the above-referenced date and are in conformity with the 2023 Statement of Investment Policy adopted by the City Council on April 26, 2023.
STRAT
EGIC PLAN 2023-25:
This agenda i
tem aligns with the City of Bell 2023-25 Strategic Plan:
Target 4
– Fostering Financial Resilience
Goal 3 – Address the City’s CalPERS unfunded Liability
Goal 5 – Update the City’s finance-related policies, including purchasing and signature authority AGENDA ITEM 18
522
ATTACHMENTS:
1. City Investment Report
2. Successor Agency Investment Report
3. Investment Report Support Documentation
4. Chandler Asset Management Monthly Account Statement
523
Report Date: 6/25/25
Issuer / Book Market % of YTM
CUSIP Security Value Value * Portfolio (Market Y)
LAIF 20,533,893 20,533,893 63.80% 4.27%
See A
ttached Asset-Backed Security 1,169,579 1,175,739 3.70% 4.44% See Attached Agency Issues 1,314,783 1,317,073 4.09% 4.05% See Attached Agency CMBS 1,098,909 1,107,389 3.44% 4.26% See Attached Cash 250,859 250,859 0.78% 0.00%
See Attached Corporate 2,960,408 2,976,831 9.24% 4.38%
See Attached Money Market 22,242 22,242 0.07% 3.94%
See Attached Municipal Bonds 101,095 103,731 0.33% 4.28% See Attached Supranational 614,556 622,521 1.94% 4.52%
See Attached US Treasury 4,064,527 4,036,886 12.53% 4.06% Accrued Interest 77,987 77,987 0.25%
Totals 32,208,837$ 32,225,151$ 100%
Bank Account Balances:
Wells Fargo Bank Stagecoach Sweep General Checking: 8,246,215.97 Wells Fargo Bank Commercial Checking Choice IV-Public Funds: 50,000.00 Wells Fargo Bank Bell Community Housing Authority Checking Account: 1 -
Wells Fargo Bank Payroll Account: 2
-
Wells Fargo Bank Worker's Compensation Account: 3
166,931.29
8,463,147.26$
Investment Account Balances:
LAIF 20,533,893.08
Chandler Asset Management 11,674,943.95
Charles Schwab OPEB Trust Account 324,030.81
Charles Schwab Pension Stabilization Trust Account 1,301,218.33 33,834,086.17$
Bank Account Total 8,463,147.26
Investment Account Total 33,834,086.17
BCHA Restricted Funds per TB 25,275,616.03
Total General Fund 67,572,849.46$
The City's investment and banking liquidity is adequate for it to meet its expenditure requirements for the next 180 days. There have been no variances to the City Investment Policy. 1 The Bell Community Housing Authority Account - This bank account segregates the financial activities pertinent of the Housing Authority, Fund 90.
This bank account was transitioned to zero balance account (ZBA) status in 2013 and is reconciled to the City's General Ledger. 2 Payroll Account - This bank account segregates payroll activities. This bank account was transitioned to zero balance account (ZBA) status in 2013 and is reconciled to the City's General Ledger. 3 Workers' Compensation - This bank account was established for joint access by City Staff and the City's third -party administrator, AdminSure, to administer workers' compensation programming.
The account is reimbursed by bank transfers as necessary. 4 Charles Schwab OPEB Trust Account - This trust account was established to fund future OPEB Liabilities 5 Charles Schwab Pension Stabilization Trust Account - This trust account was established to fund future Pension Liabilities * Current market valuation is required for investments with maturities of more than twelve months. MV includes accrued interest earned as of 5/31/2025 City of Bell Investment Report
LAIF Deposit and Core Investments
May 2025
524
Account Number Description Beginning Balance Debit This Period Credit This Period Ending Balance 090-00-00-0000-000-1030 RESTRICTED CASH - BCHA 18,176,085.53 175,605.31 (93,371.20) 18,258,319.64 090-00-00-0000-000-1031 RESTRICTED CASH - BCHA2-MHP 5,036,634.12 - - 5,036,634.12 090-00-00-0000-000-1032 RESTRICTED CASH - BELL MHP 932,194.99 - - 932,194.99 090-00-00-0000-000-1033 RESTRICTED CASH - FLOR VILLAGE 1,048,467.28 - - 1,048,467.28 25,193,381.92 175,605.31 (93,371.20) 25,275,616. 03 525
MONTH FY 2021-22 FY 2022-23 FY 2023-24 FY 2024-25
JULY 27,158,657.80$ 36,441,274.21$ 34,062,482.19$ 37,722,594.38$ AUGUST 28,268,929.13 35,223,821.96$ 33,390,312.50$ 36,656,346.77$ SEPTEMBER 26,397,025.57 32,811,437.12$ 34,034,650.49$ 35,319,108.10$ OCTOBER 26,237,986.42 31,444,024.32$ 33,199,454.80$ 41,732,039.43$ NOVEMBER 25,741,196.73 31,238,472.56$ 32,354,418.96$ 33,914,488.35$ DECEMBER 28,966,073.71 33,614,575.25$ 33,684,522.39$ 35,409,671.88$ JANUARY 33,505,081.56 36,436,046.86$ 38,273,406.85$ 40,562,234.58$ FEBRUARY 33,233,351.99 37,509,622.83$ 38,028,343.35$ 39,781,468.67$ MARCH 32,837,890.46 36,515,694.26$ 37,364,491.38$ 38,149,337.82$ APRIL 34,829,178.84 37,952,579.87$ 39,401,701.82$ 39,212,550.06$ MAY 37,384,223.90 41,029,417.85$ 44,466,626.45$ 42,297,233.43$ JUNE 38,524,813.01 41,641,408.12$ 44,640,599.33$
* Current market valuation is required for investments with maturities of more than twelve months.
MV includes accrued interest earned as of 5/31/25
City of Bell
Historical Summary of Invested Funds & Bank Deposits
526
Report Date: 6/25/25
Issuer / Book Market % of YTM
Security Value Value * Portfolio (Purchase Y)
LAIF 713,791 713,791 100.00% 4.28%
Totals 713,791$ 713,791$ 100.00% Bank Account Balances:
Wells Fargo Bank Successor to RDA: 2,404,761.58$
Investment Account Balances:
LAIF 713,790.98$
Total Successor Agency Balance: 3,118,552.56$
* Current market valuation is required for investments with maturities of more than twelve months.
City of Bell Successor to Redevelopment Agency - This bank account segregates the financial activities of the Successor Agency and is reconciled to the City's General Ledger each month.
Bell Successor Agency Investment Report
May 2025
All Investments
527
MONTH FY 2021-22 FY 2022-23 FY 2023-24 FY 2024-25
JULY 2,634,143.35$ 2,596,401.97$ 2,926,113.98$ 2,875,345.35$ AUGUST 2,601,063.64 2,591,745.15$ 2,925,008.88$ 2,878,320.15$ SEPTEMBER 890,531.10 852,536.05$ 1,235,549.02$ 2,129,913.41$ OCTOBER 886,165.69 856,629.31$ 1,258,468.03$ 2,140,812.31$ NOVEMBER 876,829.70 843,758.80$ 1,257,061.62$ 2,134,450.68$ DECEMBER 873,108.41 841,336.47$ 1,499,506.53$ 2,119,877.25$ JANUARY 1,459,106.09 1,265,533.12$ 1,828,066.88$ 2,584,873.23$ FEBRUARY 1,325,546.77 1,262,014.62$ 1,832,707.67$ 2,586,840.90$ MARCH 1,014,355.71 1,077,986.33$ 1,662,581.99$ 3,120,434.82$ APRIL 1,000,743.36 1,073,088.31$ 1,670,505.06$ 3,120,877.03$ MAY 994,985.29 1,044,488.11$ 1,763,397.48$ 3,118,552.56$ JUNE 2,595,074.09 2,912,224.74$ 2,708,374.70$
* Current market valuation is required for investments with maturities of more than twelve months.
MV includes accrued interest earned as of 5/31/2025.
Community Redevelopment Agency / Successor Agency
Historical Summary of Invested Funds & Bank Deposits
528
STAGECOACH SWEEP
WELLS FARGO BANK, N.A.
P.O. BOX 63020
THIS STATEMENT COVERS 05/01/2025 THROUGH 05/31/2025
FUNDS HELD ON COMPANY'S BEHALF IN THE OMNIBUS DEPOSIT ACCOUNT AT BANK ARE
DEPOSITS AND ARE ELIGIBLE FOR FDIC INSURANCE IN ACCORDANCE WITH FDIC RULES AND LIMITS. COMPANY'S MMMF SHARES HELD IN THE OMNIBUS INVESTMENT ACCOUNT IN BANK'S
NAME AT THE CUSTODIAN OF THE MMMF ARE NOT DEPOSITS AND ARE NOT ELIGIBLE FOR FDIC INSURANCE. COMPANY IS THE OWNER OF ITS MMMF SHARES.
ALLSPRING TREASURY PLUS MMF A CLS
Transaction Detail
Date Description Amount
5-01-2025 Beginning Balance 4,903,771.18
5-01-2025 Next Day Sweep Purchase 24,228.82
5-01-2025 Reinvested Dividend 12,568.84
5-02-2025 Next Day Sweep Purchase 327,231.84
5-05-2025 Next Day Sweep Purchase 25,696.80
5-06-2025 Sweep Funds Return To DDA 60,132.93
5-07-2025 Next Day Sweep Purchase 50,761.74
5-08-2025 Sweep Funds Return To DDA 10,745.20
5-09-2025 Sweep Funds Return To DDA 292,593.54
5-12-2025 Sweep Funds Return To DDA 284,332.79
5-13-2025 Sweep Funds Return To DDA 9,054.90
5-14-2025 Sweep Funds Return To DDA 45,664.93
5-15-2025 Next Day Sweep Purchase 4,684.67
5-16-2025 Next Day Sweep Purchase 86,081.34
5-19-2025 Next Day Sweep Purchase 235,092.31
5-20-2025 Sweep Funds Return To DDA 197,160.36
5-21-2025 Next Day Sweep Purchase 3,371,469.97
5-22-2025 Sweep Funds Return To DDA 52,301.49
5-23-2025 Sweep Funds Return To DDA 260,016.96
5-27-2025 Sweep Funds Return To DDA 118,837.32
5-28-2025 Next Day Sweep Purchase 307,889.18
5-29-2025 Next Day Sweep Purchase 16,110.53
5-30-2025 Next Day Sweep Purchase 211,469.17
5-31-2025 Ending Balance 8,246,215.97
Daily Balance Information
Date Investment Balance Annualized Fund Yield Daily Dividend Factor Daily Accrual 05-01 4,940,568.84 3.814 % .000104498 516.28
05-02 5,267,800.68 3.802 % .000104174 548.77
SAN FRANCISCO, CA 94163