CITY OF BELL GARDENS
CITY COUNCIL
REGULAR MEETING
M0NDAY, JANUARY 10, 2022, 6:00 PM
AGENDA
On March 4, 2020, Governor Newsom proclaimed a State of Emergency in California as a result of the threat of COVID-19. On September 16, 2021, Governor Newsom signed Assembly Bill 361 ("AB 361"), which was effective immediately and amends Government Code section 54953 to allow a local legislative body to hold public meetings via teleconferencing and to make public meetings accessible telephonically or otherwise electronically to all members of the public seeking to observe and to address the local legislative body.
Pursuant to AB 361, please be advised that members of the Bell Gardens City Council may participate in meetings telephonically. The public may view the meeting and participate in public remotely.
ACCESSIBILITY: If requested, the agenda and backup materials will be made available in appropriate alternative formats to persons with a disability, as required by Section 202 of the Americans with Disabilities Act of 1990 (42 U.S.C.
Sec. 12132), and the federal rules and regulations adopted in implementation thereof. Any person who requires a disability -related modification or accommodation, in order to observe and/or offer public comment may request such reasonable modification, accommodation, aid, or service by contacting the City Clerk's office by telephone at 562-806-7704 or via email to [email protected] no later than one (1) hour before the scheduled meeting.
INVOCATION
PLEDGE OF ALLEGIANCE
ROLL CALL OF CITY COUNCIL M EM BERS
Marco Barcena, Council Member
Alejandra Cortez, Council Member
Lisseth Flores, Council Member
Jorgel Chavez, Mayor Pro Tern
Maria Pulido, Mayor
PUBLIC COMMENTS ONAGENDAITEMS ONLY
(Three minutes per person)
PUBLIC PARTICIPATION: Pursuant to Government Code Section 54953, recently amended by AB 361, and given the current health concerns, members of the public can access meetings live at https://www.beligardens.org/i-want-to/watch-city-council-meetings . Members of the public may participate via Zoom by clicking on the City Council's Meeting Calendar on the website. (Be sure to download the Zoom App), the meeting ID is: 813 3236 4343 and the Passcode is: 2021. Comments may also be made
via the zoom app by using the "Raise Hand" feature on the zoom app, when it is your turn to speak the host will unmute you. Live comments may also be made by call -in users on zoom by dialing (669)900-9128, when prompted enter the Webinar ID:813 3236 4343#, followed by Passcode: *2021#. During the public comments press *9, when it is your turn to speak, the user will need to dial *6 to unmute. Comments will not be accepted in the QandA/Chat function of the zoom app. Members of the public may also submit comments electronically for consideration by the City Council by sending them to [email protected]. To ensure distribution to the members of the City Council prior to consideration of the agenda, please submit comments no later than one (1) hour prior to the meeting. Those comments, as well as any comments received after, will be distributed to the members of the City Council and will be made part of the official public record of the meeting. Contact the City Clerk's office at 562-806- 7704 or the receptionist's desk at 562-806-7700 for any questions.
CITY MANAGER'S REPORT
CONSENT CALENDAR (Items No. 1-6 )
All matters listed under the Consent Calendar are considered to be routine and can be acted on by one roll call \rote. There will be no separate discussion of these items unless members of the Successor Agency request specific items to be remo\,ed from the Consent Calendar for separate action. Items called for separate discussion will be heard as the next order of business
1. GENERAL MOTION TO WAIVE FULL READING AND APPROVE
ORDINANCES BY TITLE ONLY PURSUANT TO CALIFORNIA
GOVERNMENT CODE SECTION 36934
In order to expedite the conduct of business at City Council meetings, California State Law (California Government Code Section 36934) allows Ordinances to be read by title if a majority of the legislative body supports the motion to waive the full reading.
Recommendation:
It is staff recommendation that the City Council approve a general motion to waive full reading and approve Ordinances by title only pursuant to California Government Code Section 36934.
2. WARRANT REGISTERS AND WIRE TRANSFERS
In approving the action of receiving and filing the warrant registers, the official minutes of the Bell Gardens City Council should state that each individual member of the City Council is not voting on, influencing the outcome of, or participating in approving, accepting, receiving or filing any warrant which bears the name of the same council member, or pays for any costs or expenses, or otherwise benefits the same named council member. Each council member will not be participating, influencing or voting on any such warrant bearing their name or which benefits the same named council member, but with that exception is voting in favor of receiving and filing all other warrants contained in this report, unless otherwise noted on the record at the time of the approval of the action required by this report.
Recommendation:
It is staff's recommendation that the City Council receive and file the warrant registers, wire transfers, and net payrolls dated 11 /18/21, 11 /23/21, 11 /30/21, 12/02/21, 12/07/21, 12/08/21 and 12/14/21.
2 3. OCTOBER2021 TREASURER'S REPORT
The Treasurer's Report is a list of cash, investment portfolio and restricted bond cash held by the City.
Recommendation:
It is recommended that the City Council receive, approve, and file the October 2021 Treasurer's Report.
4. APPROVAL TO ENTER INTO A CONTRACT SERVICES WITH BLACK & WHITE EMERGENCY VEHICLES, INC.
The Police Department requests approval to enter into a contract with Black and White Emergency Vehicles, Inc. for the installation of emergency and electronics equipment for the two Ford Police Interceptor Utility vehicles that were approved by City Council on January 25, 2021.
Recommendation:
It is staff's recommendation that the City Council:
1. Approve an agreement with Black and White Emergency Vehicles, Inc. for the purchase and installation of emergency and communications equipment for the two previously purchased Ford Police Interceptor Utility vehicles that were approved by City Council on January 25, 2021 (Resolution 2021-05);
2. Adopt a resolution authorizing the City Manager to execute an agreement with Black and White Emergency Vehicles, Inc.
5. CONSIDERATION TO ADOPT PART-TIME HOURLY PAY SCHEDULE Consideration to Adopt the Hourly Pay Schedule for Positions Designated as Temporary / Part -Time
Recommendation:
It is staff's recommendation that the City Council by motion, approve Resolution No. 2022-02 adopting the hourly pay schedule for positions designated as temporary / part- time.
6. CONSIDERATION AND APPROVAL OF A 30-DAY RESOLUTION
REGARDING THE CONDUCT OF TELECONFERENCED MEETINGS OF
THE CITY COUNCIL AND OTHER CITY BODIES UNDER THE MODIFIED RULES SET FORTH UNDER GOVERNMENT CODE SECTION 54953(E)
AB 361 was signed in to law on September 16, 2021, and immediately went into effect, authorizing local government bodies continue to meet remotely contingent on their compliance of the newly amended Government Code Section 54953.
In compliance with the modified rules set forth under Government Code Section 3 54953(e), the City Council is requested to reconsider the circumstances regarding the previously approved 30-day resolution authorizing teleconferenced meetings of the City Council and all other city bodies and either extend the authorization or terminate.
Recommendation:
It is staff's recommendation that the City Council adopt or approve the attached Resolution permitting the City to conduct public meetings virtually for all public bodies subject to the Brown Act in accordance with the requirements of AB 361, which will require reauthorization every (thirty) 30 days.
DISCUSSION (Items No. 7)
7. CITY COUNCIL APPOINTMENT TO EXTERNAL COMMITTEES
City Council Members serve on various external boards and committees, representing the City of Bell Gardens. This report provides a listing of all the boards and committees and the names of the Council Members that serve on the boards/committees. The Council may make appointment revisions to this list at this time.
Recommendation:
It is staff's recommendation that the City Council make changes, reappointments, or appointments as necessary to the attached matrix of Council Appointments to External Regulatory and Advisory Boards, Commissions, and Committees.
PUBLIC COMMENTS ON NON -AGENDA ITEMS UNDER THE SUBJECT
MATTER JURISDICTION OF THE CITY COUNCIL
(Three minutes per person)
PUBLIC PARTICIPATION: Pursuant to Government Code Section 54953, recently amended by AB 361 , and given the current health concerns, members of the public can access meetings live at https://www.beligardens.org/i-want-to/watch-city-council-meetings . Members of the public may participate via Zoom by clicking on the City Council's Meeting Calendar on the website. (Be sure to download the Zoom App), the meeting ID is: 813 3236 4343 and the Passcode is: 2021. Comments may also be made via the zoom app by using the "Raise Hand" feature on the zoom app, when it is your turn to speak the host will unmute you. Live comments may also be made by call -in users on zoom by dialing (669)900-9128, when prompted enter the Webinar ID:813 3236 4343#, followed by Passcode: *2021#. During the public comments press *9, when it is your turn to speak, the user will need to dial "6 to unmute. Comments will not be accepted in the QandA/Chat function of the zoom app. Members of the public may also submit comments electronically for consideration by the City Council by sending them to [email protected]. To ensure distribution to the members of the City Council prior to consideration of the agenda, please submit comments no later than one (1) hour prior to the meeting. Those comments, as well as any comments received after, will be distributed to the members of the City Council and will be made part of the official public record of the meeting. Contact the City Clerk's office at 562-806- 7704 or the receptionist's desk at 562-806-7700 for any questions.
ADJOURNMENT
CITY COUNCIL MEMBER COMMENTS
4 Posted by: Jane Halstead, CMC, City Clerk- January 6, 2022
,I CITY OF BELL GARDENS
OFFICE OF THE CITY MANAGER
AG E N DA RE P O RT
Item 1.
TO: Honorable Mayor and City Council Members
FROM: Michael B. O'Kelly, City Manager
BY: Vanessa Quiroz, Acting City Clerk
SUBJECT: GENERAL MOTION TO WAIVE FULL READING AND APPROVE
ORDINANCES BY TITLE ONLY PURSUANT TO CALIFORNIA
GOVERNMENT CODE SECTION 36934
DATE: January 10, 2022
RECOMMENDATION:
It is staff recommendation that the City Council approve a general motion to waive full reading and approve Ordinances by title only pursuant to California Government Code Section 36934.
BACKGROUND/DISCUSSION:
I n order to expedite the conduct of business at Council meetings, California State Law (California Government Code Section 36934) allows Ordinances to be read by title if a majority of the Council supports the motion waiving the full reading. Most California cities adopt a standard motion at the beginning of each meeting in order to effectuate this waiver.
Since most of the Ordinances introduced and adopted consist of multiple pages of technical language, reading by title only allows the Council to eliminate the communication of redundant information and attend to other matters during the meetings. Otherwise, the entire Ordinance language will have to be read in full.
CONCLUSION:
Allowing ordinances to be read by title only, according to California State Law, will expedite the conduct of business at Council Meetings.
FISCAL IMPACT:
No fiscal impact.
APPROVED ELECTRONICALLY BY:
Michael B. O'Kelly, City Manager
Stephanie Vasquez, Assistant CityAttorneyfor Rick R. Olivarez, City Attorney Manuel Carrillo, Director of Finance and Administrative Services C.
,I CITY OF BELL GARDENS
OFFICE OF THE CITY MANAGER
AG E N DA RE P O RT
Item 2.
TO: Honorable Mayor and City Council Members
FROM: Michael B. O'Kelly, City Manager
BY: Manuel Carrillo, Director of Finance & Administrative Services SUBJECT: WARRANT REGISTERS AND WIRE TRANSFERS
DATE: January 10, 2022
RECOMMENDATION:
It is staff's recommendation that the City Council receive and file the warrant registers, wire transfers, and net payrolls dated 11 /18/21, 11 /23/21, 11 /30/21, 12/02/21, 12/07/21, 12/08/21 and 12/14/21.
BACKGROUND/DISCUSSION:
The attached warrant registers, wire transfers, and net payrolls are for 11/18/21, 11/23/21,11/30/21, 12/02/21, 12/07/2, 12/08/21 and 12/14/21. The warrant registers, wire transfers, and net payrolls reflect the financial obligations of the City for the above referenced dates.
CONCLUSION:
If the recommendation to the City Council is approved, then the warrant registers, wire transfers, and net payrolls dated 11 /18/21, 11 /23/21, 11 /30/21, 12/02/21, 12/07/21, 12/08/21 and 12/14/21 will be received and filed.
FISCAL IMPACT:
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ATTACHMENTS:
Exhibit 1- Warrant Register
APPROVED ELECTRONICALLY BY:
Michael B. O'Kelly, City Manager
Stephanie Vasquez, Assistant CityAttorneyfor Rick R. Olivarez, City Attorney Manuel Carrillo, Director of Finance and Administrative Services 0 r
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,I CITY OF BELL GARDENS
OFFICE OF THE CITY MANAGER
AG E N DA RE P O RT
Item 3.
TO: Honorable Mayor and City Council Members
FROM: Michael B. O'Kelly, City Manager
BY: Manuel Carrillo, Director of Finance and Administrative Services Lazaro Yarza, Accountant, Finance and Administrative Services SUBJECT: OCTOBER 2021 TREASURER'S REPORT
DATE: January 10, 2022
RECOMMENDATION:
It is recommended that the City Council receive, approve, and file the October 2021 Treasurer's Report.
BACKGROUND/DISCUSSION:
The Treasurer's Report is a list of cash and investments held by the City as of October 31, 2021.
Monthly reporting includes cash balances by fund and reconciled bank balances provided by Finance and Administrative Services.
CONCLUSION:
The October 31, 2021, Treasurer's Report has been presented to the City Council with a recommendation to receive, approve and file.
FISCAL IMPACT:
No fiscal impact.
ATTACHMENTS:
Exhibit 1 - Treasurer's Report October 2021
APPROVED ELECTRONICALLY BY:
Michael B. O'Kelly, City Manager
Stephanie Vasquez, Assistant CityAttorneyfor Rick R. Olivarez, City Attorney Manuel Carrillo, Director of Finance and Administrative Services 43 CITY OF BELL GARDENS
TREASURER'S REPORT FOR
CASH, INVESTMENT PORTFOLIO,
AND RESTRICTED BOND CASH
OCTOBER 31, 2021
CITY CASH
ACCOUNT
INSTITUTION
BALANCE
RATE
MARKET
BANK OF THE WEST
$ 13,627,591.14
1.00%
COMMON CHECKING
BANK OF THE WEST
451,632.83
1.00%
PAYROLL
BANK OF THE WEST
0.00 1.00%
TOTAL
$ 14,079,223.97
CITY INVESTMENT
PERCENT
OF
MAT. STATED
ISSUER BOOK VALUE
FACE VALUE
MARKET VALUE
PORTFOLIO .
DATE RATE
LOCAL AGENCY INVESTMENT FUNDS $ 7,457,165.27 $
7,457,165.27 $
7,457,165.27
$0.54%
NIA 0.203%
AMERICAN RIVIERA BANK- ESCROW ACCT. 1,801,968.00
1,801,988.00
1,801,988.00
19.46%
NIA
TOTAL $ 9,259,153.27 $
9,259,153.27 $
9,259,153.27
100.00%
CITY TOTAL CASH AND INVESTMENT
$ 23,338,377.24
CASH WITH FISCAL AGENT- US BANK (CORPORATE TRUST SERVICES RESTRICTED BOND CASH
ACCOUNT NAME
WATER REF.REV. BONDS SERIES 2004 Rev
WATER REF.REV. BONDS SERIES 2004 Int
WATER REF.REV. BONDS SERIES 2004 Prin
WATER REF.REV, BONDS SERIES 2004 Res
LEASE REV REF BONDS SERIES 2015A Res
LEASE REV REF BONDS SERIES 2015A Rev
TOTAL
BOOK VALUE
FACE VALUE
MARKET VALUE
RATE
$ 1.93 $
1.93 $
1.93 0.000%
905.41
905.41
905.41
0.010%
7.03 7.03
7.03 0.000%
398,433.33
398,433.33
398,433.33
0.000%
429,841.58
429,841.58
429,841.58
0.000%
0.91 0.91
0.91 0.000%
$ 829,190.19 $ 829,190.19 $ 829,190.19
Exhibit 1 1 044
CITY OF BELL GARDENS
TREASURER'S REPORT FOR
CASH, INVESTMENT PORTFOLIO,
AND RESTRICTED BOND CASH
OCTOBER 31, 2021
SUCCESSOR to..CDC CASH
ACCOUNT
INSTITUTION
BALANCE
RATE
MARKET
BANK OF THE WEST
$
378,652.13
1.00%
COMMON CHECKING
BANK OF THE WEST
1,156.44
1.00%
TOTAL
$
379,808.57
SUCCESSOR to CDC INVESTMENT
PERCENT
DAYS
OF
TO STATED
ISSUER
BOOK VALUE
FACE VALUE MARKET VALUE
PORTFOLIO
MAT. RATE
LOCAL AGENCY INVESTMENT FUNDS
$
730,686.50 $
730,686.50 $ 730,686.50
100.00%
NIA 0.203%
TOTAL
$
730,686.50 $
730,686.50 $ 730,686.50
100.00%
TOTAL CASH AND INVESTMENT
$
1,110,495.07
CASH WITH FISCAL AGENT- US BANK (CORPORATE TRUST SERVICESRESTRICTED BOND CASH
ACCOUNT NAME
CDC TARR BOND Ofkb AR RE5 AIC 2014 A
CDC TARR BOND P1 RED AR REV A/C 2014 A
CDC TARR BOND CC RED AR RES A/C 2014 B
CDC TARR BOND CC RED AR REV A/C 2014 B
CDC 2ND SUB TARR B CC RES A/C 2014 C
CDC 2ND SUB TARR B CC REV A/C 2014 C
TOTAL
ACCOUNT NAME
FIN. AUTH. IRB REV A/C 2005 SERIES(A)
FIN. AUTH. TRB RES A/C 2005 SERIES(A) PR 1
FIN. AUTH. TRB RES A/C 2005 SERIES(A) CC
TOTAL
BOOK VALUE
FACE VALUE
MARKET VALUE
RATE
__..... __
$ 400,669.17 $
_........ ......
400,669.17 $
....... `6, 69- -_ .
400,669.17
.....-.—..
0.00%
11.22 11.22
11.22 0.00%
615,007.75
615,007.75
615,007.75
0.00%
16.53 16.53
16.53 0.00%
1,110,057.81
1,110,057.81
1,110,057.81
0.00%
29.23 29.23
29.23 0.00%
$ m m 2,125,791.71 $
x 2,125,791.71m $�
r 2,125,791.71
BOOK VALUE
FACE VALUE
MARKET VALUE
RATE
...__________
$ 17.99 $
... .... ..... ...........M
17.99 $
................—
17.99 ....—..-
0.00%
193,950.80
193,950.80
193,950.80
0.00%
437,774.49
437,774.49
437,774.49
0.00%
$ 631,743.28 $ 631,743.28 $ 631,743.28
Exhibit 1 2ArD
CITY OF BELL GARDENS
TREASURER'S REPORT FOR
CASH, INVESTMENT PORTFOLIO,
AND RESTRICTED BOND CASH
OCTOBER 31, 2021
__ .......... ............ ....
ACCOUNT ACTIVITY - BY TYPE
CITY CASH
BEGINNING
+
(-)
ENDING
ACCOUNT
INSTITUTION
BALANCE
DEPOSITS
WITHDRAWALS
BALANCE
RATE
MARKET
BANK OF THE WEST
$ 14,933,285.17 $
3,649,310.89 $
(4,955,004.92) $
13,627,591.14
1.00%
COMMON CHECKING
BANK OF THE WEST
127,240.96
4,127,487.87
(3,803,096.00)
451,632.83
1.00%
PAYROLL
BANK OF THE WEST
0.00 774,073.68
__(174.....�...
0.00 ...-
1.00%
TOTAL
$ W 15,060,526.13 $
8,550,872.44 $
nn (9,532174, 60„' $
y 14,079,223.97
CI,TYINVESTMENT
WITHDRAWALS/
SALES/
MATURITIES
+
CHANGES
BEGINNING
DEPOSITS/
WITHIN
ENDING STATED
ISSUER BALANCE
PURCHASES
FUNDS
BALANCE RATE
LOCAL AGENCY INVESTMENT FUNDS $ 7,452,627.17 $
4,538.10 $
0.00 $
7,457,165.27 0.203%
AMERICAN RIVIERA BANK- ESCROW 1,801,988.00
0.00 0.00
1,801,988.00
TOTAL $ 9,254,615.17 $
4,538.10 $
0.00 $
9,259,153.27
CASH WITH FISCAL AGENT- US BANK (CORPORATE TRUST SERVICESRESTRICTED BOND CASH . _..__._._ .........ww,_ ............ _. .... .......... +
ADM.FEESI
INTEREST/
WITHDRAWALS/
BEGINNING
DEPOSITS/
SALES/
ENDING
ACCOUNT NAME
BALANCE
PURCHASES
MATURITIES
BALANCE
RATE
RE WATER F. REV. BONDS SERIES 2004 _. ----------
-Res.
$ 363,804.18 $
w
1.50 $
.....
(363,803.75) $
1.93 0.000%
WATER REF. REV. BONDS SERIES 2004-Int.
905.41
0.00 0.00
905.41
0.010%
WATER REF. REV. BONDS SERIES 2004-Pri
7.03 0.00
0.00 7.03
0.000%
WATER REF. REV. BONDS SERIES 2004-Rev
398,431.69
1.64 0.00
398,433.33
0.000%
LEASE REV REF BONDS SERIES 2015A Res
429,839.81
1.77 0.00
429,841.58
0.000%
LEASE REV REF BONDS SERIES 2015A Rev
0.91 .................
0.00 ,_... 0.00
0.91 0.000%
$ 1,192,989.03 $
4.91 $moN
o a- (363,803.7§ $
829,190.19
Exhibit 1 3o j
ACCOUNT INSTITUTION
... .... ....... ......
MARKET BANK OF THE WEST
COMMON CHECKING BANK OF THE WEST
ISSUER
LOCAL AGENCY INVESTMENT FUNDS
TOTAL
CITY OF BELL GARDENS
TREASURER'S REPORT FOR
CASH, INVESTMENT PORTFOLIO,
AND RESTRICTED BOND CASH
OCTOBER 31, 2021
ACCOUNT ACTIVITY - BY TYPE
SUCCESSOR to CDC CASH
BEGINNING
+
(-)
ENDING
BALANCE
DEPOSITS
WITHDRAWALS
BALANCE
RATE
$ 634,537.13 $
0.00 $
(255,885.00) $
378,652.13
1.00%
1,156.42
.
5,85.
... .02
5, 5.
� ... ......._�.,
1,156 44
_.,.
1.00%
$ 635,693.55 $
5,885.02 $
(261,770.00) $
379,808.57
+
WITHDRAWALS/
BEGINNING
DEPOSITS
SALES/
ENDING
STATED
BALANCE
PURCHASES ._
....................MATURITI
BALANCE
RATE
$ 730,241.84 $
....................
444.66 $
0.00 $
730,686.50
_.....
0.203%
$ 730,241.84 $
444.66 $
0.00 $
730,686.50
CASH WITH FISCAL AGENT- US BANK CORPORATE TRUST SERVICES RESTRICTED BOND CASH ____----____,._._._,_....._...................................... w..........._.. ................ +
ADM.FEESI
INTEREST/
WITHDRAWALS/
DEPOSITS/
SALES/
BEGINNING
PURCHASES]
MATURITIES/
ENDING
ACCOUNT NAME
BALANCE
MARKET GAIN
(MARKET LOSS
BALANCE
RATE
CDC TARR BOND P1 RED AR RES AIC 2014-A
$
400,667.52 $
1.65 $
0.00 $ .__..
400,669.17
0.00%
CDC TARR BOND P1 RED AR REV AIC 2014 A
11.22 0.00
0.00 11.22
0.00%
CDC TARR BOND CC RED AR RES A/C 2014 B
615,005.22
2.53 0.00
615,007.75
0.00%
CDC TARR BOND CC RED AR REV A/C 2014 B
16.53 0.00
0.00 16.53
0.00%
CDC 2ND SUB TARR B CC RES AIC 2014 C
1,110,053.25
4.56 0.00
1,110,057.81
0.00%
CDC 2ND SUB TARR B CC REV AIC 2014 C
29.23 0.00
0.00 29.23
0.00%
TOTAL
$
2,125,782.97 $
8.74 $
0.00 $
2,125,791.71
+
0 ADM.FEES/
INTEREST/
WITHDRAWALS/
DEPOSITS/
SALES/
BEGINNING
PURCHASES/
MATURITIES/
ENDING
ACCOUNT NAME
BALANCE
MARKET GAIN
MARKET L
BALANCE
RATE
. ,_........_w............... .........
FIN. AUTH. TRB REV FUND 2005 SERIES A
$
..._......
399,292.72 $
6.52 $
._ -
(399,281.25) $
. _... m.
17.99 0.00%
FIN. AUTH. TRB INT AIC 2005 SERIES A PR 1
193,954.88
0.80 (4.88)
193,950.80
0.00%
FIN. AUTH. TRB RES A/C 2005 SERIES A CC
437,772.69
1.80 0.00
437,774.49
0.00%
TOTAL
$
„ 1,031,020.29
9„12
x- �399,286.13
631,743.28 P n
In compliance with California Government Code Section 53646, as the City Treasurer of City of Bell Gardens, I hereby certify that sufficient investment liquidity and anticipated revenues are available to meet the City's and Successor to CDC's expenditure requirements for the next six months, and that all investments are in compliance of the City's Statement of Investment Policy. I also certify that this report reflects all Government Agency, fooled investments and all City's and Successor ncy to CDC,s banks balances. f
9 �
Manuel Carillo Sign
City Treasurer Date:'
..<.................. ......
�f
Exhibit 1 44.7
,I CITY OF BELL GARDENS
OFFICE OF THE CITY MANAGER
AG E N DA RE P O RT
Item 4.
TO: Honorable Mayor and City Council Members
FROM: Michael B. O'Kelly, City Manager
BY: Scott Fairfield, Chief of Police
Paul Camacho, Administrative Lieutenant
SUBJECT: APPROVAL TO ENTER INTO A CONTRACT SERVICES WITH BLACK & WHITE EMERGENCY VEHICLES, INC.
DATE: January 10, 2022
RECOMMENDATION:
It is staff's recommendation that the City Council:
1. Approve an agreement with Black and White Emergency Vehicles, Inc. for the purchase and installation of emergency and communications equipment for the two previously purchased Ford Police Interceptor Utility vehicles that were approved by City Council on January 25, 2021 (Resolution 2021-05);
2. Adopt a resolution authorizing the City Manager to execute an agreement with Black and White Emergency Vehicles, Inc.
BACKGROUND/DISCUSSION:
On January 25, 2021, the City Council approved the purchase of two new 2020 Ford Explorer Police Interceptor Utility vehicles for the Police Department's Patrol Division (Resolution No. 2021-05). As stated in that agenda report, the purchase did not include required emergency and communications equipment to include the radio, emergency lights, siren, light controls, window barriers, weapon rack/lock, cargo equipment, Mobile Digital Computer, in -car video system, and miscellaneous components.
Installation of these various components requires technically skilled service personnel given the complexity of the work. These installations require vendors to route numerous pieces of equipment to power sources, while maintaining the original vehicle structure and protecting the factory electrical equipment that is under warranty by the manufacturer. Additionally, these installations have become so complex that limited numbers of companies now specialize in this service. Vehicles can no longer be taken to local electronic shops/facilities for installation of these items. In fact, many of the equipment items to be installed require that the installation facility receive specialized training and obtain certification as an authorized installer from the vehicle manufacturer. In addition to the emergency equipment, these two vehicles will need a Mobile Data Computer (MDC) and radio system and networking equipment as well as video camera equipment.
Pursuant to Bell Gardens Municipal Code Section ("BGMC") 3.04.100(A), the City's formal purchasing procedures may be dispensed when the city council (for purchases of more than $10,000) finds that 48 such supplies or equipment are unique because of their quality, durability, availability, or fitness for a particular use and are available only from one source, or, if available from more than one source, bidding is not likely to result in the lowest price.
Black & White Emergency Vehicles, Inc. is the only single source known installation service company where the entire vehicle can be outfitted with the emergency and computer equipment. Additionally, they are an authorized installer that meets the Ford and Chevrolet manufacturer's warranty specifications for these types of installations. Further, utilization of this company is much more efficient allowing the department to avoid numerous individual installations from different companies, which would result in a higer cost to the City.
Furthermore, by utilizing Black & White the Police Department will avoid the extended completion dates from other unknown installers and the formal purchasing procedures, which is critical since the Department's vehicle fleet has a shortage of patrol vehicles. The shortage has resulted in our police officers driving the current police vehicles 24/7. In addition, some of these vehicle are also removed from the Department's vehicle fleet for repairs and regular maintenance, which affect the day-to-day operations in the Patrol Division. Hence, using Black and White will expedite the outfitting process of these two police vehicles so that they can be added to the vehicle fleet as soon as possible.
CONCLUSION:
The Police Department requests approval to enter into contract with Black and White Emergency Vehicles, Inc. for the purchase and installation of the listed emergency and communications equipment for these two new 2020 Ford Explorer Police Interceptor Utility police vehicles previously purchased through Folsom Lake Ford.
FISCAL IMPACT:
The total cost for this purchase is estimated to be $19,585.44. Funding for the outfitting of these two vehicles was budgeted in the FY2021-22 budget, 110-4441-3140 / Vehicles account.
ATTACHMENTS:
Exhibit 1 - Resolution No. 2022-01
Exhibit 1 - Agreement with Black & White
APPROVED ELECTRONICALLY BY:
Michael B. O'Kelly, City Manager
Stephanie Vasquez, Assistant City Attorney for Rick R. Olivarez, City Attorney Manuel Carrillo, Director of Finance and Administrative Services 49 RESOLUTION NO. 2022-01
A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF BELL
GARDENS, CALIFORNIA, APPROVING A CONTRACT WITH BLACK
AND WHITE EMERGENCY VEHICLES, INC. FOR THE PURCHASE
AND INSTALLATION OF EMERGENCY AND COMMUNICATIONS
EQUIPMENT FOR THE TWO PREVIOUSLY PURCHASED FORD
POLICE INTERCEPTOR UTILITY VEHICLES TO BE USED BY THE
POLICE DEPARTMENT
WHEREAS, the Bell Gardens Police Department utilizes marked black and white vehicles for the Police Department to perform patrol operations throughout the City of Bell Gardens; and
WHEREAS, the City Council approved the purchase of two new Ford Police Interceptor Utility vehicles in Resolution No. 2021-05; and WHEREAS, the vehicles require outfitting of emergency, communications, networking equipment, cameras, and graphics; and
WHEREAS, after careful analysis, staff selected Black and White Emergency Vehicles, Inc. for the purchase and installation of the emergency and communications equipment; and
WHEREAS, pursuant to Bell Gardens Municipal Code Section ("BGMC")
3.04.100(A), the City's formal purchasing procedures may be dispensed when the city council (for purchases of more than $10,000) finds that such supplies or equipment are unique because of their quality, durability, availability, or fitness for a particular use and are available only from one source, or, if available from more than one source, bidding is not likely to result in the lowest price; and
WHEREAS, Black & White Emergency Vehicles, Inc. is the only single source known installation service company where the entire vehicle can be outfitted with the emergency and computer equipment and utilization of this company is much more efficient allowing the department to avoid numerous individual installations from different companies, which result in a higher cost to the City.
NOW, THEREFORE, BE IT RESOLVED by the City Council of the City of Bell Gardens as follows:
SECTION 1. The City Council, after consideration of the staff report and presentation, discussion, oral testimony and evidence presented to the City Council, hereby finds that the above recitals are true and correct and incorporate them herein SECTION 2. The City Council approves a Contract with Black and White Exhibit 1 50
Resolution No. 2022-01
Emergency Vehicles, Inc. for the purchase and installation of emergency and communications equipment and authorizes and directs the City Manager to execute the Agreement attached to the Staff Report as Exhibit 2 an amount not to exceed Nineteen Thousand Five Hundred Eighty -Five Dollars and Forty -Four Cents ($19,585.44).
SECTION 3. The City Council further authorizes and directs the City Manager and staff to take all actions necessary and appropriate to implement and effectuate the intent of the City Council as set forth in this Resolution.
SECTION 4. The City Clerk shall attest and certify to the passage and adoption of this Resolution and enter it into the book of original resolutions, and it shall become effective immediately upon approval.
PASSED, APPROVED and ADOPTED this 10t" day of January, 2022.
APPROVED AS TO FORM:
Rick Olivarez
City Attorney
THE CITY OF BELL GARDENS
Maria Pulido, Mayor
ATTEST:
Jane Halstead
City Clerk
2of2
Exhibit 1 51
2022
CONTRACT SERVICES AGREEMENT
(Contractor: Black & White Emergency Vehicles)
(Nature of Engagement: Installation of Emergency & Electronics Equipment for Two New Police Vehicles)
THIS CONTRACT SERVICES AGREEMENT (hereinafter, "Agreement") is made and entered into this day of 2022 by and between the
CITY OF BELL GARDENS, a municipal corporation (hereinafter, "CITY") and BLACK AND WHITE EMERGENCY VEHICLES (hereinafter, "CONTRACTOR"). For the purposes of this Agreement, CITY and CONTRACTOR may be referred to collectively by the capitalized term "Parties." The capitalized term "Party" may refer to CITY or CONTRACTOR interchangeably.
RECITALS
WHEREAS, CITY is a municipal corporation organized under the laws of the State of California, with power to contract for services necessary to achieve its purpose; and WHEREAS, CITY requires the installation of emergency and communications equipment which will include the radio, emergency lights, siren, light controls, window barriers, weapon rack/lock, cargo equipment, Mobile Digital Computer, in -car video system and miscellaneous components; and
WHEREAS, CITY staff has determined that CONTRACTOR possess the skills, experience and expertise required to competently provide the services and tasks contemplated under this Agreement; and
NOW, THEREFORE, for and in consideration of the mutual covenants and conditions herein contained, CITY and CONTRACTOR agree as follows:
Section 1. Description of the Work.
A. Subject to the terms and conditions of this Agreement, CONTRACTOR agrees to provide CITY with installation of emergency and communications equipment which will include the radio, emergency lights, siren, light controls, window barriers, weapon rack/lock, cargo equipment, Mobile Digital Computer, in -car video system and miscellaneous components. The various tasks and related services to be performed by CONTRACTOR are more specifically described in the Quote of CONTRACTOR entitled "Black & White Quote Estimate #1917" (hereinafter, the "CONTRACTOR QUOTE") dated December 2, 2021 which is attached and incorporated hereto as Exhibits "A". The capitalized term "Work" shall be a collective reference to all the various services and tasks referenced in the Scope of Work. In the event of any conflict or inconsistency between the provisions of the Scope of Work and the provisions of this Agreement to which the Scope of Work is attached, the provisions of this Agreement shall govern and control.
B. CONTRACTOR shall provide all labor, materials, tools, supplies, equipment, services, tasks and incidental and customary work necessary to competently perform and timely complete the Work. CONTRACTOR shall perform the Work in Exhibit 2 5�1
accordance with the terms and conditions of this Agreement and in accordance with such other written or verbal directives as may be issued by CITY.
C. By executing this Agreement, CONTRACTOR warrants that CONTRACTOR: (i) has thoroughly investigated and considered the nature of the work, services and tasks to be performed under this Agreement; (ii) has carefully considered how the Work should be performed; and (iii) fully understands the facilities, difficulties, and restrictions attending performance of the services under this Agreement.
CONTRACTOR warrants that CONTRACTOR has or will investigate any location where the Work is to be performed and is or will be fully acquainted with the conditions there existing, prior to undertaking any service or task requested by CITY in the manner described under this Section. Should the CONTRACTOR discover any latent or unknown conditions which will materially affect the performance of the services hereunder, CONTRACTOR shall immediately inform the CITY of such fact and shall not proceed, except at CONTRACTOR's risk until written instructions are received from the City Representative as defined herein.
D. In the event CONTRACTOR ceases to perform the Work agreed to under this Agreement or otherwise abandons any undertaking contemplated herein prior to completion and acceptance of the Work, CONTRACTOR shall deliver to CITY immediately and without delay, all materials, records and other work product prepared or obtained by CONTRACTOR in the performance of this Agreement.
Furthermore, CONTRACTOR shall only be compensated for the reasonable value of the services, tasks and other work performed up to the time of cessation or abandonment, less a deduction for any damages, costs or additional expenses which CITY may incur as a result of CONTRACTOR's cessation or abandonment.
Section 2. Prosecution of Work.
A. Time is of the essence for this Agreement and each and every provision contained herein. The Work shall be commenced within three (3) calendar days of CITY's issuance of a written notice to proceed ("Notice to Proceed"). The Work shall be completed within four (4) weeks from the CITY's issuance of the Notice to Proceed (hereinafter, the "Completion Date").
B. CONTRACTOR shall perform the Work continuously and with due diligence so as to complete the Work by the Completion Date. CONTRACTOR shall cooperate with CITY and in no manner interfere with the Work of CITY, its employees or other consultants, contractors or agents.
C. CONTRACTOR may submit a written request for additional time to complete the Work, which request must be submitted to the CITY no later than fifteen (15) calendar days prior to the Completion Date or any extended Completion Date granted by CITY. The written request for additional time must identify (i) what specific tasks or services remain to be completed by CONTRACTOR in order to complete the Work; (ii) how much additional time CONTRACTOR requires; (iii) identification of the circumstances that have caused the need for additional time, according to CONTRACTOR, including, if applicable, identification of any tasks that must be completed by CITY as prerequisite to CONTRACTOR being able to complete any other service or task; and (iv) what proactive steps CONTRACTOR Exhibit 2 5�
has taken up to the date of the request to mitigate the need for additional time, including, if applicable, any effort on the part of CONTRACTOR to alert CITY of the need to provide information or complete certain tasks to be performed by CITY.
CITY in its sole and absolute discretion may grant, deny or conditionally grant a request for additional time, provided that no individual grant of additional time may exceed a maximum of fifteen (15) calendar days.
D. CONTRACTOR shall not claim or be entitled to receive any compensation or damage because of the failure of CONTRACTOR, or its subconsultants, to have related services or tasks completed in a timely manner.
E. CONTRACTOR shall at all times enforce strict discipline and good order among CONTRACTOR's employees.
F. CONTRACTOR, at its sole expense, shall pay all sales, consumer, use or other similar taxes required by law.
Section 3. [Reserved — No Text]
Section 4. Compensation.
G. CONTRACTOR shall perform all the Work in accordance with the rates set forth in the CONTRACTOR QUOTE.
H. CONTRACTOR's total compensation during the Term of this Agreement shall not exceed the aggregate sum of NINETEEN THOUSAND NINE HUNDRED EIGHTY- FIVE DOLLARS AND FORTY-FOUR CENTS ($19,585.44) (hereinafter, the "Aggregate Not -to -Exceed Sum"). CONTRACTOR further agrees that the Aggregate Not -to -Exceed Sum is inclusive of compensation for all labor, materials, tools, supplies, equipment, services, tasks and incidental and customary work necessary to competently perform and timely complete the Work. CONTRACTOR shall have no right or entitlement to any overage contingency sums authorized by the City Council as part of the approval of this Agreement, unless the City Representative authorizes the expenditure of such overage contingency funds in writing in the City Representative's sole and absolute discretion.
Following the conclusion of Work requested pursuant to Section 1, above, CONTRACTOR shall submit to CITY an itemized invoice indicating the services and tasks performed. If the amount of CONTRACTOR's compensation includes hours worked by CONTRACTOR's personnel, the invoice shall indicate the number of hours worked in connection with the specific service or task requested, the persons responsible for performing the Work, the rate of compensation at which such services and tasks were performed, the subtotal for each task and service performed and a grand total for all services performed. Within thirty (30) calendar days of receipt of each invoice, CITY shall notify CONTRACTOR in writing of any disputed amounts included in the invoice. Within forty-five (45) calendar days of receipt of each invoice, CITY shall pay all undisputed amounts included on the invoice. CITY shall not withhold applicable taxes or other authorized deductions from payments made to CONTRACTOR.
Exhibit 2 !�4
Section 5. Standard of Care. CONTRACTOR represents, acknowledges and agrees as follows:
A. CONTRACTOR shall perform all work skillfully, competently and to the highest standards applicable to the CONTRACTOR's field;
B. CONTRACTOR represents and maintains that it is skilled in the professional calling necessary to perform the Services;
C. CONTRACTOR shall perform all work in a manner reasonably satisfactory to the CITY;
D. CONTRACTOR shall comply with all applicable federal, state and local laws and regulations, including the conflict of interest provisions of Government Code Section 1090 and the Political Reform Act (Government Code Section 81000 el seq.). CONTRACTOR's compliance with applicable laws will include, without limitation, compliance with all applicable Cal/OSHA requirements and applicable regulations of the Federal Department of Housing and Urbanization; E. CONTRACTOR understands the nature and scope of the Work to be performed under this Agreement as well as any and all schedules of performance; F. All of CONTRACTOR's employees and agents (including but not limited to CONTRACTOR's subcontractors and subconsultants) possess sufficient skill, knowledge, training and experience to perform those services and tasks contemplated under this Agreement;
G. All of CONTRACTOR's employees and agents (including but not limited to CONTRACTOR's subcontractors and subconsultants) possess all licenses, permits, certificates, qualifications and approvals of whatever nature that are legally required to perform the tasks and services contemplated under this Agreement and all such licenses, permits, certificates, qualifications and approvals shall be maintained throughout the term of this Agreement; and H. CONTRACTOR shall at all times employ such force, plant, materials, and tools as will be sufficient in the opinion of the CITY to perform the Services within the time limits established, and as provided herein. It is understood and agreed that said tools, equipment, apparatus, facilities, labor, and material shall be furnished and said Services performed and completed as required by the Agreement, and subject to the approval of the CITY's authorized representative. The quality of Services shall meet or exceed those standards established by the CITY or the City or County of jurisdiction.
The Parties acknowledge and agree that CONTRACTOR shall perform, at CONTRACTOR's own cost and expense and without any reimbursement from CITY, any services or tasks necessary to correct any errors or omissions caused by CONTRACTOR's failure to comply with the standard of care set forth under this Section or by any like failure on the part of CONTRACTOR's employees, agents, contractors, subcontractors and subconsultants. Such effort by CONTRACTOR to correct any errors or omissions shall be commenced immediately upon their discovery by either Party and Exhibit 2 4
shall be completed within seven (7) calendars days from the date of discovery or such other extended period of time authorized by the City Representative in writing and absolute discretion. The Parties acknowledge and agree that CONTRACTOR's acceptance of any work performed by CONTRACTOR or on CONTRACTOR's behalf shall not constitute a release of any deficiency or delay in performance. The Parties further acknowledge, understand and agree that CONTRACTOR has relied upon the foregoing representations of CONTRACTOR, including but not limited to the representation that CONTRACTOR possesses the skills, training, knowledge and experience necessary to perform the Work in a skillful and competent manner equivalent to, the standard of performance generally recognized as being employed by professionals performing the same type of work and services in the State of California.
Section 6. Representatives.
A. City Representative. For the purposes of this Agreement, the contract administrator and CITY's representative shall be Lieutenant Paul Camacho (hereinafter, the "City Representative"). It shall be CONTRACTOR's responsibility to assure that the City Representative is kept informed of the progress of the performance of the services, and CONTRACTOR shall refer any decisions which must be made by CITY to the City Representative. Unless otherwise specified herein, any approval of CITY required hereunder shall mean the approval of the City Representative.
B. Contractor Representative. For the purposes of this Agreement, John Patino, is hereby designated as the principal and representative of CONTRACTOR authorized to act on its behalf with respect to CONTRACTOR's performance under this Agreement and to make all decisions in connection therewith (the "Contractor Representative"). Notice to the Contractor Representative whether written or verbal shall constitute notice to CONTRACTOR. The Contractor's Representative shall supervise and direct the Services, using her best skill and attention, and shall be responsible for all means, methods, techniques, sequences, and procedures and for the satisfactory coordination of all portions of the Services under this Agreement.
Section 7. Contractor's Personnel
A. CONTRACTOR represents that it has, or will secure at its own expense, all personnel required to perform the Work and all other services and tasks necessary for CONTRACTOR to competently and timely complete the improvements contemplated under this Agreement. All work, services and tasks will be performed under CONTRACTOR's supervision, and CONTRACTOR's personnel engaged in the performance of the work, services and tasks contemplated under this Agreement shall possess the qualifications, permits and licenses required by applicable law to perform such work, services and tasks.
B. CONTRACTOR shall obtain at its sole cost and expense such licenses, permits, and approvals as may be required by law for the performance of the Work.
CONTRACTOR shall have the sole obligation to pay for any fees, assessments and taxes, plus applicable penalties and interest, which may be imposed by law and arise from or are necessary for the CONTRACTOR's performance of the Exhibit 2 5%
Work, and shall indemnify, defend and hold harmless CITY against any such fees, assessments, taxes, penalties, or interest levied, assessed, or imposed against CITY hereunder.
C. CONTRACTOR shall be solely responsible for the satisfactory work performance of all personnel engaged in performing the Work.
D. In the event that CITY, in its sole reasonable discretion, at any time during the term of this Agreement, desires the removal of any person or persons assigned by CONTRACTOR to perform services pursuant to this Agreement, CONTRACTOR shall remove any such person immediately upon receiving notice from CITY of the desire of CITY for the removal of such person or persons.
E. CONTRACTOR shall be responsible for payment of all employees' and subconsultants' wages and benefits and shall comply with all requirements pertaining to employer's liability, workers' compensation, unemployment insurance, and Social Security.
F. CONTRACTOR shall obtain and maintain during the Agreement term all necessary licenses, permits and certificates required by law for the performance of the Work contemplated under this Agreement.
Section 8. Substitution of Key Personnel. CONTRACTOR has represented to CITY that certain key personnel will perform and coordinate the Services under this Agreement.
Should one or more of such personnel become unavailable, CONTRACTOR may substitute other personnel of at least equal competence upon written approval of CITY.
In the event that CITY and CONTRACTOR cannot agree as to the substitution of key personnel, CITY shall be entitled to terminate this Agreement for cause. As discussed below, any personnel who fail or refuse to perform the Services in a manner acceptable to the CITY, or who are determined by the CITY to be uncooperative, incompetent, a threat to the adequate or timely completion of the Project or a threat to the safety of persons or property, shall be promptly removed from the Project by the CONTRACTOR at the request of the CITY.
Section 9. [Reserved — No Text]
Section 10. Prevailing Wages and General Labor Compliance and Reporting.
A. CONTRACTOR and any subcontractor performing or contracting any portion of the Work shall comply with all applicable provisions of the California Labor Code for all workers, laborers and mechanics of all crafts, classifications or types, including, but necessarily limited to the following:
1. In accordance with California Labor Code Section 1810, eight (8) hours of labor in performance of the Work shall constitute a legal day's work under this Contract. CONTRACTOR and any subcontractor shall pay workers overtime pay (not less than 1 1/2 times the base rate of pay) as required by California Labor Code Section 1815. CONTRACTOR and any subcontractor shall, as a penalty to the CITY, forfeit twenty-five dollars ($25) for each worker employed in the execution of the contract by the respective contractor or subcontractor Exhibit 2 5�
for each calendar day during which the worker is required or permitted to work more than 8 hours in any one calendar day and 40 hours in any one calendar week in violation to the provisions of Article 3 of Chapter 1 of Part 7, Division 2 of the California Labor Code, which is incorporated by this reference as though fully set forth herein.
2. Pursuant to the provisions of California Labor Code, Sections 1770 et. seq., CONTRACTOR and any subcontractor under CONTRACTOR shall pay not less than the prevailing rate of per diem wages as determined by the Director of the California Department of Industrial Relations. Pursuant to the provisions of California Labor Code Section 1773.2, CONTRACTOR is hereby advised that copies of the prevailing rate of per diem wages and a general prevailing rate for holidays, Saturdays and Sundays and overtime work in the locality in which the work is to be performed for each craft, classification, or type of worker required to execute the Contract, are on file in the office of the District Secretary, which copies shall be made available to any interested party on request. CONTRACTOR shall post a copy of said prevailing rate of per diem wages at each job site.
B. As required by Section 1773.1 of the California Labor Code, CONTRACTOR shall pay travel and subsistence payments to each worker needed to execute the work, as such travel and subsistence payments are defined in the applicable collective bargaining agreements filed in accordance with this Section.
C. To establish such travel and subsistence payments, the representative of any craft, classification, or type of workman needed to execute the contracts shall file with the Department of Industrial Relations fully executed copies of collective bargaining agreements for the particular craft, classification or type of work involved. Such agreements shall be filed within ten (10) days after their execution and thereafter shall establish such travel and payments.
D. CONTRACTOR shall comply with the provisions of Section 1775 of the California Labor Code and shall, as a penalty to CITY, forfeit up to fifty dollars ($50) for each calendar day, or portion thereof, for each worker paid less than the prevailing rate of per diem wages for each craft, classification, or type of worker needed to execute the contract. CONTRACTOR shall pay each worker an amount equal to the difference between the prevailing wage rates and the amount paid worker for each calendar day or portion thereof for which a worker was paid less than the prevailing wage rate. CONTRACTOR is required to pay all applicable penalties and back wages in the event of violation of prevailing wage law, and CONTRACTOR and any subcontractor shall fully comply with California Labor Code Section 1775, which is incorporated by this reference as though fully set forth herein.
E. CONTRACTOR and any subcontractor shall maintain and make available for inspection payroll records as required by Labor Code Section 1776, which is incorporated by this reference as though fully set forth herein. CONTRACTOR is responsible for ensuring compliance with Labor Code Section 1776 and shall keep accurate payroll records containing all such information as maybe called for under Labor Code Section 1776 and other applicable provisions of State law.
Exhibit 2 !�8
F. CONTRACTOR and any subcontractors shall, when they employ any person in any apprenticeable craft or trade, apply to the joint apprenticeship committee administering the apprenticeship standards of the craft or trade in the area of the work site for a certificate approving CONTRACTOR or subcontractor under the apprenticeship standards for the employment and training of apprentices in the area or industry affected; and shall comply with all other requirements of Section 1777.5 of the California Labor Code, which is incorporated by this reference as though fully set forth herein. The responsibility of compliance with California Labor Code Section 1777.5 during the performance of this contract rests with CONTRACTOR. Pursuant to California Labor Code Section 1777.7, in the event CONTRACTOR willfully fails to comply with the provisions of California Labor Code Section 1777.5, CONTRACTOR shall be denied the right to bid on any public works contract for up to three (3) years from the date noncompliance is determined and be assessed civil penalties.
G. In accordance with the provisions of Article 5, Chapter 1, Part 7, Division 2 (commencing with Section 1860), and Chapter 4, Part 1, Division 4 (commencing with Section 3700) of the California Labor Code, CONTRACTOR is required to secure the payment of compensation to its employees and for that purpose obtain and keep in effect adequate Workers' Compensation Insurance and Employers Liability Insurance. If CONTRACTOR, in the sole discretion of the CITY satisfies the CITY of the responsibility and capacity under the applicable Workers' Compensation Laws, if any, to act as self -insurer, CONTRACTOR may so act, and in such case, the insurance required by this paragraph need not be provided.
CONTRACTOR is advised of the provisions of Section 3700 of the California Labor Code, which requires every employer to be insured against liability for Workers' Compensation or to undertake self-insurance in accordance with the provisions of that Code and shall comply with such provisions and have Employer's General Liability limits of $1,000,000 per accident before commencing the performance of the Work of this Contract. The Notice to Proceed with the Work under this Contract will not be issued, and CONTRACTOR shall not commence the Work, until CONTRACTOR submits written evidence that it has obtained full Workers' Compensation Insurance coverage for all persons whom it employs or may employ in carrying out the Work under this Contract. This insurance shall be in accordance with the requirements of the most current and applicable state Workers' Compensation Insurance Laws. In accordance with the provisions of Section 1861 of the California Labor Code, CONTRACTOR in signing this Contract certifies to the CITY as true the following statement: "I am aware of the provisions of Section 3700 of the Labor Code which requires every employer to be insured against liability for Workers' Compensation or to undertake self-insurance in accordance with the provisions of that Code, and I will comply with such provisions before commencing the performance of the work of this contract." A subcontractor is not allowed to commence Work on the project until verification of Workers' Compensation Insurance coverage has been obtained and verified by CONTRACTOR and submitted to the City Engineer for the CITY's review and records.
H. In accordance with the provisions of Section 1727 of the California Labor Code, the CITY, before making payment to CONTRACTOR of money due under a Exhibit 2 A
contract for public works, shall withhold and retain therefrom all wages and penalties which have been forfeited pursuant to any stipulation in the contract, and the terms of Chapter 1, Part 7, Division 2 of the California Labor Code (commencing with Section 1720). But no sum shall be withheld, retained or forfeited, except from the final payment, without a full investigation by either the Division of Labor Standards Enforcement or by the CITY.
Section 11. Prohibited Interests. CONTRACTOR warrants, represents and maintains that it has not employed nor retained any company or person, other than a bona fide employee working solely for Consultant, to solicit or secure this Agreement. Further, CONTRACTOR warrants and represents that it has not paid nor has it agreed to pay any company or person, other than a bona fide employee working solely for CONTRACTOR, any fee, commission, percentage, brokerage fee, gift or other consideration contingent upon or resulting from the award or making of this Agreement. For breach or violation of this warranty, CITY shall have the absolute and unfettered right to rescind this Agreement without liability or penalty. For the term of this Agreement, no member, officer or employee of CITY, during the term of his or her service with CITY, shall have any direct interest in this Agreement, or obtain any present or anticipated material benefit arising therefrom.
Section 12. Independent Contractor.
A. All acts of CONTRACTOR, its agents, officers, subcontractors and employees and all others acting on behalf of CONTRACTOR relating to the performance of this Agreement, shall be performed as independent contractors and not as agents, officers, or employees of CITY. CONTRACTOR, by virtue of this Agreement, has no authority to bind or incur any obligation on behalf of CITY. CONTRACTOR has no authority or responsibility to exercise any rights or power vested in CITY. No agent, officer, or employee of CITY is to be considered an employee of CONTRACTOR. It is understood by both CONTRACTOR and CITY that this Agreement shall not, under any circumstances, be construed or considered to create an employer -employee relationship or a joint venture.
B. CONTRACTOR, its agents, officers, subcontractors and employees are and, at all times during the term of this Agreement, shall represent and conduct themselves as independent contractors and not as employees of CITY.
C. CONTRACTOR shall determine the method, details and means of performing the Work. CONTRACTOR shall be responsible to CITY only for the requirements and results specified in this Agreement and, except as expressly provided in this Agreement, shall not be subjected to CITY's control with respect to the physical action or activities of the CONTRACTOR in fulfillment of this Agreement.
CONTRACTOR has control over the manner and means of performing the services under this Agreement. CONTRACTOR is permitted to provide services to others during the same period as it provides services to CITY under this Agreement. If necessary, CONTRACTOR has the responsibility for employing other persons or firms to assist CONTRACTOR in fulfilling the terms and obligations under this Agreement.
Exhibit 2
D. If in the performance of this Agreement any third persons are employed by 6%
CONTRACTOR, such persons shall be entirely and exclusively under the direction, supervision, and control of CONTRACTOR. All terms of employment including hours, wages, working conditions, discipline, hiring, and discharging or any other term of employment or requirement of law shall be determined by the CONTRACTOR.
E. It is understood and agreed that as an independent contractor and not an employee of CITY neither the CONTRACTOR nor CONTRACTOR'S assigned personnel shall have any entitlement as a CITY employee, right to act on behalf of CITY in any capacity whatsoever as an agent, or to bind CITY to any obligation whatsoever.
F. As an independent contractor, CONTRACTOR hereby indemnifies and holds CITY harmless from any and all claims that may be made against CITY based upon any contention by any third party that an employer -employee relationship exists by reason of this Agreement.
Section 13. Conflicts of Interest. CONTRACTOR hereby warrants for itself, its employees, and subcontractors that those persons presently have no interest and shall not obtain any interest, direct or indirect, which would conflict in any manner with the performance of the services contemplated by this Agreement. No person having such conflicting interest shall be employed by or associated with CONTRACTOR in connection with this project. CONTRACTOR hereby warrants for itself, its employees, and subcontractors that no such person shall engage in any conduct which would constitute a conflict of interest under any CITY ordinance, state law or federal statute.
CONTRACTOR agrees that a clause substantially similar to this Section shall be incorporated into any sub -contract that CONTRACTOR executes in connection with the performance of this Agreement.
Section 14. Non -Discrimination. During the performance of this Agreement, CONTRACTOR and its subcontractors shall not unlawfully discriminate against any employee or applicant for employment because of race, religion, color, national origin, ancestry, physical handicap, medical condition, marital status, age (over 40) or set.
CONTRACTOR and subcontractors shall ensure that the evaluation and treatment of their employees and applicants for employment are free of such discrimination.
CONTRACTOR and subcontractors shall comply with the provisions of the Fair Employment and Housing Act (Gov. Code, Section 12990 et seq.) and the applicable regulations promulgated hereunder (California Code of Regulations, Title 2, Section 7285.0 et seq.). The applicable regulations of the Fair Employment and Housing Commission implementing Government Code, Section 12990, set forth in Chapter 5 of Division 4 of Title 2 of the California Code of Regulations are incorporated into this Contract by reference and made a part hereof as if set forth in full. CONTRACTOR and its subcontractors shall give written notice of their obligations under this clause to labor organizations with which they have a collective bargaining or other agreement. This CONTRACTOR shall include the nondiscrimination and compliance provisions of this clause in all subcontracts to perform work under this Agreement.
Section. 15. Indemnification.
A. To the fullest extent permitted by law, CONTRACTOR hereby agrees, at its sole Exhibit 2 A
cost and expense, to defend, protect, indemnify, and hold harmless CITY and CITY's elected and appointed officials, officers, attorneys, agents, employees, volunteers, successors, and assigns (collectively "Indemnitees") from and against any and all damages, costs, expenses, liabilities, claims, demands, causes of action, proceedings, expenses, judgments, penalties, liens, and losses of any nature whatsoever, including fees of accountants, attorneys, or other professionals and all costs associated therewith (collectively "Liabilities"), arising or claimed to arise, directly or indirectly, out of, in connection with, resulting from, or related to any act, failure to act, error, or omission of CONTRACTOR or any of CONTRACTOR's officers, agents, servants, employees, subcontractors, materialmen, suppliers or their officers, agents, servants or employees, arising or claimed to arise, directly or indirectly, out of, in connection with, resulting from, or related to this Agreement and the performance or failure to perform any term, provision, covenant, or condition of the Agreement, including this indemnity provision. This indemnity provision is effective regardless of any prior, concurrent, or subsequent active or passive negligence by CONTRACTOR and shall operate to fully indemnify Indemnitees against any such negligence. This indemnity provision shall survive the termination of the Agreement and is in addition to any other rights or remedies which Indemnitees may have under the law or elsewhere under this Agreement. Payment is not required as a condition precedent to an Indemnitee's right to recover under this indemnity provision, and an entry of judgment against any one or more of the Indemnitees shall be conclusive in favor of the Indemnitees' right to recover under this indemnity provision.
CONTRACTOR shall pay Indemnitees for any attorney's fees and costs incurred in enforcing this indemnification provision. Notwithstanding the foregoing, nothing in this instrument shall be construed to encompass (a) Indemnitees' sole negligence or willful misconduct to the limited extent that the underlying Agreement is subject to Civil Code § 2782(a), or (b) the contracting public agency's active negligence to the limited extent that the underlying Agreement is subject to Civil Code § 2782(b). This indemnity is effective without reference to the existence or applicability of any insurance coverage(s) which may have been required under the Agreement or any additional insured endorsements which may extend to Indemnitees. Accountants, attorneys, or other professionals employed by Indemnitor to defend Indemnitees shall be selected by Indemnitees.
CONTRACTOR, on behalf of itself and all parties claiming under or through it, hereby waives all rights of subrogation and contribution against the Indemnitees, while acting within the scope of their duties, from all claims, losses and liabilities arising out of or incident to activities or operations performed by or on behalf of the Indemnitor regardless of any prior, concurrent, or subsequent active or passive negligence by the Indemnitees.
B. CONTRACTOR's obligations under this or any other provision of this Agreement will not be limited by the provisions of any workers compensation act or similar act.
CONTRACTOR expressly waives its statutory immunity under such statutes or laws as to the Indemnities.
C. CONTRACTOR agrees to obtain executed indemnity agreements with provisions identical to those in this Section from each and every subcontractor or any other person or entity involved by, for, with or on behalf of CONTRACTOR in the performance of this Agreement. In the event CONTRACTOR fails to obtain such Exhibit 2 4
indemnity obligations for the benefit of CITY, CONTRACTOR agrees to be fully responsible and indemnify, hold harmless and defend CITY, its officers, agents, employees and volunteers from and against any and all claims and losses, costs or expenses for any damage due to death or injury to any person and injury to any property resulting from any alleged, intentional, reckless, negligent or otherwise wrongful acts, errors or omissions of CONTRACTOR or any of its officers, employees, servants, agents, subcontractors, volunteers or any other person or entity involved by, for, with or on behalf of CONTRACTOR in the performance of this Agreement. Such costs and expenses shall include reasonable attorneys' fees incurred by counsel of CITY's choice.
D. CITY does not, and shall not; waive any rights that it may possess against CONTRACTOR because of the acceptance by CITY, or the deposit with CITY, of any insurance policy or certificate required pursuant to this Agreement. This hold harmless and indemnification provision shall apply regardless of whether or not any insurance policies are determined to be applicable to the claim, demand, damage, liability, loss, cost or expense. CONTRACTOR agrees that CONTRACTOR's covenant under this Section shall survive the termination of this Agreement.
E. CONTRACTOR shall fully comply with the workers' compensation laws regarding CONTRACTOR and CONTRACTOR's employees. CONTRACTOR further agrees to indemnify and hold CITY harmless from any failure of CONTRACTOR to comply with applicable workers' compensation laws. CITY shall have the right to offset against the amount of any fees due to CONTRACTOR under this Agreement any amount due to CITY from CONTRACTOR as a result of CONTRACTOR's failure to promptly pay to CITY any reimbursement or indemnification arising under this Section.
Section 16. Insurance.
A. CONTRACTOR shall at all times during the term of this Agreement carry, maintain, and keep in full force and effect, insurance as follows:
1. Commercial General Liability Insurance with minimum limits of One Million Dollars ($1,000,000) for each occurrence and in the aggregate for any personal injury, death, loss or damage.
2. Automobile Liability Insurance for any owned, non -owned or hired vehicle used in connection with the performance of this Agreement with minimum limits of One Million Dollars ($1,000,000) per accident for bodily injury and property damage.
3. Worker's Compensation insurance as required by the State of California.
B. CONTRACTOR shall require each of its sub -consultants or sub -contractors to maintain insurance coverage that meets all of the requirements of this Agreement.
C. The policies required by this Agreement shall be issued by an insurer admitted in the State of California and with a rating of at least A:VII in the latest edition of Best's Insurance Guide.
Exhibit 2 8
D. CONTRACTOR agrees that if it does not keep the insurance required in this Agreement in full force and effect, CITY may either immediately terminate this Agreement or, if insurance is available at a reasonable cost, CITY may take out the necessary insurance and pay, at CONTRACTOR'S expense, the premium thereon.
E. Prior to commencement of work under this Agreement, CONTRACTOR shall file with CITY's Risk Manager a certificate or certificates of insurance showing that the insurance policies are in effect and satisfy the required amounts and specifications required pursuant to this Agreement.
F. CONTRACTOR shall provide proof that policies of insurance expiring during the term of this Agreement have been renewed or replaced with other policies providing at least the same coverage. Such proof will be furnished at least two weeks prior to the expiration of the coverages.
G. The general liability and automobile policies of insurance shall contain an endorsement naming CITY, its elected officials, officers, agents, employees, attorneys, servants, volunteers, successors and assigns as additional insureds.
All of the policies shall contain an endorsement providing that the policies cannot be canceled or reduced except on thirty (30) days' prior written notice to CITY.
CONTRACTOR agrees to require its insurer to modify the certificates of insurance to delete any exculpatory wording stating that failure of the insurer to mail written notice of cancellation imposes no obligation, and to delete the word "endeavor" with regard to any notice provisions.
H. All policies of Commercial General Liability and Automobile Liability insurance shall be primary and any other insurance, deductible, or self-insurance maintained by the CITY, its officials, officers, employees, agents, or volunteers shall not contribute with this primary insurance. Policies shall contain or be endorsed to contain such provisions.
All insurance coverage provided pursuant to this Agreement shall not prohibit CONTRACTOR, and CONTRACTOR's employees, agents, subcontractors, or volunteers from waiving the right of subrogation prior to a loss. CONTRACTOR hereby waives all rights of subrogation against CITY, its officials, officers, employees, agents and volunteers.
J. Any deductibles or self -insured retentions must be approved by CITY. At the option of CITY, CONTRACTOR shall either reduce or eliminate the deductibles or self -insured retentions with respect to CITY, or CONTRACTOR shall procure a bond guaranteeing payment of losses and expenses.
K. If CONTRACTOR is a Limited Liability Company, general liability coverage must be amended so that the Limited Liability Company and its managers, affiliates, employees, agents, and other persons necessary or incidental to its operation are insureds.
L. Procurement of insurance by CONTRACTOR shall not be construed as a limitation Exhibit 2 4
of CONTRACTOR's liability or as full performance of CONTRACTOR's duties to indemnify, hold harmless and defend under Section 15 of this Agreement.
M. In the event any policy of insurance required under this Agreement does not comply with these specifications or is canceled and not replaced immediately so as to avoid a lapse in the required coverage, CITY has the right but not the duty to obtain the insurance it deems necessary and any premium paid by CITY will be promptly reimbursed by CONTRACTOR or CITY will withhold amounts sufficient to pay premium from Consultant payments. In the alternative, CITY may cancel this Agreement effective upon notice.
N. CITY reserves the right to modify these requirements, including limits, based on the nature of the risk, prior experience, insurer, coverage, or other special circumstances.
Section 17. Records and Inspection. CONTRACTOR shall keep, and require subcontractors to keep, such books and records as shall be necessary to document the performance of the Work and enable the CITY to evaluate the performance of the Work.
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 four (4) years following completion of the services hereunder, and the CITY shall have access to such records in the event any audit is required.
Section 18. Termination.
A. Termination for Convenience. CITY may immediately terminate this Agreement for convenience, without cause and without penalty or liability at any time upon the issuance of written notice to CONTRACTOR specifying the effective date of such termination. Such termination for convenience shall be made in writing signed by either the City Representative, the City Manager or the Assistant City Manager.
CONTRACTOR may only terminate this Agreement for cause.
B. Termination for Cause. In the event either Party fails to perform any duty, obligation, service or task set forth under this Agreement (or fails to timely perform or properly perform any such duty, obligation, service or task set forth under this Agreement), an event of default (hereinafter, "Event of Default") shall occur. For all Events of Default, the Party alleging an Event of Default shall give written notice to the defaulting Party (hereinafter referred to as a "Default Notice") which shall specify: (i) the nature of the Event of Default; (ii) the action required to cure the Event of Default; (iii) a date by which the Event of Default shall be cured, which shall not be less than the applicable cure period set forth in this Section or if a cure is not reasonably possible within the applicable cure period, to begin such cure and diligently prosecute such cure to completion. The Event of Default shall constitute a breach of this Agreement if the defaulting Party fails to cure the Event of Default within the applicable cure period or any extended cure period allowed under this Agreement. An Event of Default shall include, but shall not be limited to the following: (i) CONTRACTOR's failure to fulfill or perform its obligations under this Agreement within the specified time or if no time is specified, within a reasonable time; (ii) CONTRACTOR's and/or its employees' disregard or violation Exhibit 2 99
of any federal, state, local law, rule, procedure or regulation; (iii) the initiation of proceedings under any bankruptcy, insolvency, receivership, reorganization, or similar legislation as relates to CONTRACTOR, whether voluntary of involuntary; (iv) CONTRACTOR's refusal or failure to perform or observe any covenant, condition, obligation or provision of this Agreement; and/or (v) CITY's discovery that a statement representation or warranty by CONTRACTOR relating to this Agreement is false or erroneous in any material respect, including any statement, representation or warranty set forth in the Equipment Specifications.
1. CONTRACTOR shall cure the following Event of Defaults within the following time periods:
i. Within three (3) business days of CITY's issuance of a Default Notice for any failure of CONTRACTOR to timely provide CITY or CITY's employees or agents with any information and/or written reports, documentation or work product which CONTRACTOR is obligated to provide to CITY or CITY's employees or agents under this Agreement.
Prior to the expiration of the 3-day cure period, CONTRACTOR may submit a written request for additional time to cure the Event of Default upon a showing that CONTRACTOR has commenced efforts to cure the Event of Default and that the Event of Default cannot be reasonably cured within the 3-day cure period. The foregoing notwithstanding, CITY shall be under no obligation to grant additional time for the cure of an Event of Default under this subsection that exceeds seven (7) calendar days from the end of the initial 3-day cure period; or
ii. Within thirty (30) calendar days of CITY's issuance of a Default Notice for any other Event of Default under this Agreement. Prior to the expiration of the 30-day cure period, CONTRACTOR may submit a written request for additional time to cure the Event of Default upon a showing that CONTRACTOR has commenced efforts to cure the Event of Default and that the Event of Default cannot be reasonably cured within the 30-day cure period. The foregoing notwithstanding, CITY shall be under no obligation to grant additional time for the cure of an Event of Default under this subsection that exceeds thirty (30) calendar days from the end of the initial 30-day cure period.
If an Event of Default relates to a material falsehood or misrepresentation set forth in Exhibit "A" that is not susceptible to a cure, CITY in its sole and absolute discretion may elect to treat the falsehood or misrepresentation as a breach of this Agreement or waive the falsehood or misrepresentation. The foregoing notwithstanding, the prior waiver of a falsehood or misrepresentation as an Event of Default shall not operate as a waiver or any other falsehood or misrepresentation later discovered by CITY.
2. Except as otherwise specified in this Agreement, CITY shall cure any Event of Default asserted by CONTRACTOR within thirty (30) calendar days of CONTRACTOR's issuance of a Default Notice, unless the Event of Default cannot reasonably be cured within the 30-day cure period. Prior to the expiration of the 30-day cure period, CITY may submit a written request for Exhibit 2 99
additional time to cure the Event of Default upon a showing that CITY has commenced its efforts to cure the Event of Default and that the Event of Default cannot be reasonably cured within the 30-day cure period. The foregoing notwithstanding, an Event of Default dealing with CITY's failure to timely pay any undisputed sums to CONTRACTOR shall be cured by CITY within five (5) calendar days from the date of CONTRACTOR's Default Notice to CITY.
3. CITY, in its sole and absolute discretion, may also immediately suspend CONTRACTOR's performance under this Agreement (or the performance of any specific task or function performed by CONTRACTOR under this Agreement) pending CONTRACTOR's cure of any Event of Default by giving CONTRACTOR written notice of CITY's intent to suspend CONTRACTOR's performance (hereinafter, a "Suspension Notice"). CITY may issue the Suspension Notice at any time upon the occurrence of an Event of Default.
Upon such suspension, CONTRACTOR shall be compensated only for those services and tasks which have been rendered by CONTRACTOR to the reasonable satisfaction of CITY up to the effective date of the suspension. No actual or asserted breach of this Agreement on the part of CITY shall operate to prohibit or otherwise restrict CITY's ability to suspend this Agreement as provided herein.
4. No waiver of any Event of Default or breach under this Agreement shall constitute a waiver of any other or subsequent Event of Default or breach. No waiver, benefit, privilege, or service voluntarily given or performed by a Party shall give the other Party any contractual rights by custom, estoppel, or otherwise.
5. The duties and obligations imposed under this Agreement and the rights and remedies available hereunder shall be in addition to and not a limitation of any duties, obligations, rights and remedies otherwise imposed or available by law.
In addition to any other remedies available to CITY at law or under this Agreement in the event of any breach of this Agreement, CITY, in its sole and absolute discretion, may also pursue any one or more of the following remedies:
i. Upon written notice to CONTRACTOR, the CITY may immediately terminate this Agreement in whole or in part;
ii. Upon written notice to CONTRACTOR, the CITY may extend the time of performance;
iii. The CITY may proceed by appropriate court action to enforce the terms of the Agreement to recover damages for CONTRACTOR's breach of the Agreement or to terminate the Agreement; or
iv. The CITY may exercise any other available and lawful right or remedy.
CONTRACTOR shall be liable for all legal fees plus other costs and expenses that CITY incurs upon a breach of this Agreement or in the CITY's exercise of its remedies under this Agreement.
Exhibit 2 99
6. In the event CITY is in breach of this Agreement, CONTRACTOR's sole remedy shall be the suspension or termination of this Agreement and/or the recovery of any unpaid sums lawfully owed to CONTRACTOR under this Agreement for completed services and tasks. In no event shall CONTRACTOR be entitled to receive more than the amount that would be paid to CONTRACTOR for the full performance of the services required by this Agreement.
7. No waiver of any default or breach under this Agreement shall constitute a waiver of any other default or breach, whether of the same or other covenant, warranty, agreement, term, condition, duty or requirement contained in this Agreement. No waiver, benefit, privilege, or service voluntarily given or performed by a Party shall give the other Party any contractual rights by custom, estoppel, or otherwise.
Section 19. Force Majeure. The Completion Date shall be extended in the event of any delays due to unforeseeable causes beyond the control of CONTRACTOR and without the fault or negligence of CONTRACTOR, including but not limited to 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 CONTRACTOR shall within three (3) calendar days of the commencement of such delay notify the City Representative in writing of the causes of the delay. The City Representative 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 City Representative such delay is justified. The City Representative's determination shall be final and conclusive upon the parties to this Agreement. In no event shall CONTRACTOR be entitled to recover damages against the CITY for any delay in the performance of this Agreement, however caused, CONTRACTOR'S sole remedy being extension of the Agreement pursuant to this Section.
Section 20. Notices. Any notices, bills, invoices, or reports required by this Agreement shall be deemed received on: (a) the day of delivery if delivered by hand or overnight courier service during CONTRACTOR's and CITY's regular business hours; or (b) on the third business day following deposit in the United States mail, postage prepaid, to the addresses heretofore below, or to such other addresses as the parties may, from time to time, designate in writing.
If to CITY:
City of Bell Gardens
7100 S. Garfield Ave.
Bell Gardens, CA 90201
Attn: Lieutenant Paul Camacho
With a courtesy copy to:
Rick Olivarez,
Olivarez Madruga Lemieux O'Neill, LLP
500 S. Grand Ave. Floor 12
If to CONTRACTOR:
Black and White Emergency
Vehicles
590 South Vincent Avenue
Azusa, CA 91702
Attn: John Patino
Phone: (626) 334-6300
Exhibit 2 99
Los Angeles, CA 90071
Telephone: (213)744-0099
Facsimile: (213)744-0093
Section 21. Prohibition. CONTRACTOR shall not delegate, transfer, subcontract or assign its duties or rights hereunder, either in whole or in part, without CITY's prior written consent, and any attempt to do so shall be void and of no effect. CITY shall not be obligated or liable under this Agreement to any party other than CONTRACTOR.
Section 22. Attorney Fees. In the event that CITY or CONTRACTOR commences any legal action or proceeding to enforce or interpret the provisions of this Agreement, the prevailing party shall be entitled to recover its costs of suit, including reasonable attorney's fees.
Section 23. Entire Agreement. All documents referenced as exhibits in this Agreement are hereby incorporated in this Agreement. Except as expressly provided in this Agreement or its Exhibits, in the event of any conflict or inconsistency between the express provisions of this Agreement and provisions of any document incorporated by reference, the provisions of this Agreement shall prevail and control. This instrument contains the entire Agreement between CITY and CONTRACTOR with respect to the subject matter herein. No other prior oral or written agreements are binding on the parties.
Any modification of this Agreement will be effective only if it is in writing and executed by both CITY and CONTRACTOR.
Section 24. Governing Law; Jurisdiction. This Agreement shall be interpreted and governed according to the laws of the State of California. In the event of litigation between the Parties, venue, without exception, shall be in the Los Angeles County Superior Court of the State of California. If, and only if, applicable law requires that all or part of any such litigation be tried exclusively in federal court, venue, without exception, shall be in the Central District of California located in the City of Los Angeles, California.
Section 25. Severability. Wherever possible, each provision of this Agreement shall be interpreted in such a manner as to be valid under applicable law. If any provision of this Agreement is determined by a court of competent jurisdiction to be invalid, void or unenforceable, the remaining provisions shall nevertheless continue in full force and effect.
Section 26. Captions. The captions used in this Agreement are solely for reference and the convenience of the parties. The captions are not a part of the Agreement, in no way bind, limit, or describe the scope or intent of any provision, and shall have no effect upon the construction or interpretation of any provision herein.
Section 27. Execution. This Agreement may be executed in any number of counterparts, each of which shall be deemed an original, but all of which when taken together shall constitute one and the same instrument.
[SIGNATURES ON FOLLOWING PAGE]
Exhibit 2 98
TO EFFECTUATE THIS AGREEMENT, the parties have caused their duly authorized representatives to execute this Agreement on the dates set forth below.
CITY OF Bell Gardens, a municipal
corporation
By:
Michael B. O'Kelly
City Manager
Date:
APPROVED AS TO FORM:
By:
Rick Olivarez
City Attorney
Date:
BLACK & WHITE EMERGENCY
VEHICLES
Name:
Title:
Date:
Exhibit 2 M
EXHIBIT "A"
CONTRACTOR QUOTE
Exhibit 2 �y
E3 LAC K 4�: I�I�I ICI II IIIIIIII IIIII
EMERGENCY VEHICLES
Name / Address
Bell Gardens Police Department
7100 Garfield Ave.
Bell Gardens, CA 90201
590 South Vincent Avenue
Azusa, CA 91702
Quote
Date
Estimate #
12/2/2021
1917
Ship To
Bell Gardens Police Department
7100 Garfield Ave.
Bell Gardens, CA 90201
Customer
Terms
2022 Patrol Build
Net 30
Item
Description
Qty
Rate
Total
MATRIXPROMO
Matrix Dual Color Lightbar Package. Includes a Dual
1 2,850.00
2,850.00T
Color Lightbar, Z3 Matrix Siren, and Two l OOW
Speakers.
42-3PRBA-CM
Citadel] Matrix PIU, Red/Blue/Amber
1 1,136.02
1,136.02T
BK21021TU20
PB450L Push Bumper with Code3 Lights
1 963.30
963.30T
FK04001TU20
P135 Fender Wraps Aluminum
1 445.59
445.59T
MR6MC-RW
Code 3 MR6 Multi Color Red/White
2 84.38
168.76T
MR6MC-BW
Code 3 MR6 Multi Color LED Blue/White
2 84.38
168.76T
FSM-BKT-PIU20
Front Upper Side Mirror Mounting Bracket Code3
1 32.95
32.95T
MR6,M180,XTP,Megathin 2020 Ford PIU
MR6MC-RB
Code 3 MR6 Multi Color Red/Blue
2 84.38
168.76T
CC-UV20-L-18
2020 PI Utility 18" L Shape Console, 8" Slope, 10" level 1 422.89
422.89T
AC-INTBHG
Troy 4" Internal Dual beverage Holder W/ Rubber
1 48.95
48.95T
Fingers
AC-ARMMNT-LP-90
Troy Arm Rest 90 Degree Angle, Low Profile
1 128.90
128.90T
TP-E-SL6-US-SS
Troy Stash N Stow Cage with Sliding Center Window
1 790.67
790.67T
W/Square Punched Mesh Guard
KP-UV20-DAP-SS
2020 PI Utility 3pe. Kick Panel w/ Foot Pockets Use with 1 170.54
170.54T
Big Boy Mount
SAB-20-FDUV-BB
2020 PI Utility Big -Boy Partition Mounting Kit
1 0.00
O.00T
PS-20-UVFX-OS-RL
Plastic Seat with OS Belts, Rear Partition Polycarbonate 1 1,789.78
1,789.78T
Window, with Fire Extinguisher Compartment
AC-20-UV-SET
2020 Pi Utility Driver/Passenger Side Set of
1 193.80
193.80T
Diamond -Punched Window Screens
CP-UV20-CARGO
2020 PI Utility Tilt -Up Cargo Mount w/Gas Shocks
1 452.19
452.19T
AC-20-UV-TRAY
2020 PI Utility Electronics Tray Bolts to
1 223.94
223.94T
CP-UV20-CARGO
WIRE&TERMINALS
Wire, Terminals, Tie -Wraps, & Hardware
1 125.00
125.00T
Quotes are subject to change and are Valid for 30 Days
Subtotal
Sales Tax (10.25%)
Total
Signature
590 S. Vincent Ave, Azusa, CA 91702
Office (626) 334-6300 Fax (626) 344-6301
Exhibit 2 JP(cry.BLACKANDWHITEEV.CO"iVW.BLACKANDWHITEEV.COM
E3 LAC K 4�: I�I�I ICI II IIIIIIII IIIII
EMERGENCY VEHICLES
Name / Address
Bell Gardens Police Department
7100 Garfield Ave.
Bell Gardens, CA 90201
590 South Vincent Avenue
Azusa, CA 91702
Quote
Date
Estimate #
12/2/2021
1917
Ship To
Bell Gardens Police Department
7100 Garfield Ave.
Bell Gardens, CA 90201
Customer
Terms
2022 Patrol Build
Net 30
Item
Description
Qty
Rate
Total
FULL,BUILD
Installation of all Emergency Equipment into 2022 Police 46 80.00
3,680.00T
Vehicle and Customer provide Two Way Radio and
Computer.
MMSU-1
Magnetic Mic Single Unit
2 32.00
64.00T
AC-DUALUSB
Dual USB Plug for Troy Face Plates
1 14.82
14.82T
CM-SDMT-SL-CF30
Console Side Computer Mount w/Sliding Arm for
1 527.73
527.73T
Panasonic CF31
Ch27.1.20/L3
27 Circuits W/ Modular Smart Start Timer and L3 bracket 1 650.00
650.00T
for Ford Utility with 2011 long Output Wires.
W6BR
Wildcat Hide -a -Blast W600 Vertical Flange Mount, 9ft
2 82.80
165.60T
Blue/Red
C3RNR-60L-RB
60" Liner Perimeter Bar, Left Wire Exit, For Running
1 243.00
243.00T
Boards Red/Blue
C3RNR-60R-RB
60" Liner Perimeter Bar, Right Wire Exit, For Running
1 243.00
243.00T
Boards Red/Blue
RNRBKT-PiU
Running Board Light Bracket
2 23.00
46.00T
CP-GB203212-TL
UV Gun Box, Half Size
1 1,205.82
1,205.82T
475-2001
Gun Rack - Dual Weapon, Partition Mounted, Vertical
1 355.00
355.00T
(GR3-AR BLM-870-XTRD-VP3/8/9)
475-0023
Gun Rack - Single Weapon, Trunk Mounted
1 288.80
288.80T
(GR4-AR-BLM-UTM)
Quotes are subject to change and are Valid for 30 Days
Subtotal $17,764.57
Sales Tax (10.25%) $1,820.87
Total $19,585.44
Signature
590 S. Vincent Ave, Azusa, CA 91702
Office (626) 334-6300 Fax (626) 344-6301
Exhibit 2 JP(cry.BLACKANDWHITEEV.CO"WW.BLACKANDWHITEEV.COM
,I CITY OF BELL GARDENS
OFFICE OF THE CITY MANAGER
AG E N DA RE P O RT
Item 5.
TO: Honorable Mayor and City Council Members
FROM: Michael B. O'Kelly, City Manager
BY: Manuel Carrillo, Director of Finance & Administrative Services Patricia Ahumada, Human Resources Manager
SUBJECT: CONSIDERATION TO ADOPT PART-TIME HOURLY PAY SCHEDULE DATE: January 10, 2022
RECOMMENDATION:
It is staff's recommendation that the City Council by motion, approve Resolution No. 2022- 02 adopting the hourly pay schedule for positions designated as temporary / part-time.
BACKGROUND/DISCUSSION:
On January 1, 2022, the State minimum wage increased to $15.00 per hour and part-time salaries were adjusted accordingly. Temporary part-time staff are essential to many City operations and efficient public service delivery. In order to continue to recruit essential temporary part-time staff and maintain market competitiveness, it is appropriate to increase the part-time hourly wage schedule accordingly. Therefore, staff's recommendation includes a 4% increase to the hourly wage schedule.
CONCLUSION:
Staff recommends the City Council approve
Positions Designated as Temporary/Part-Time
Resolution 2022-02 Hourly Pay Schedule for
FISCAL IMPACT:
The approval of Resolution No. 2022-02, would result in a projected Fiscal Impact of $58,240, above the previously adopted Temporary/Part-Time Budget for FY 21-22.
ATTACHMENTS:
Exhbit 1 - Resolution 2022-02 Hourly Pay Schedule for Positions Designated as Temporary / Part -Time
APPROVED ELECTRONICALLY BY:
Michael B. O'Kelly, City Manager
Stephanie Vasquez, Assistant CityAttorneyfor Rick R. Olivarez, City Attorney Manuel Carrillo, Director of Finance and Administrative Services 74 RESOLUTION NO. 2022-02
A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF BELL
GARDENS, CALIFORNIA, ADOPTING THE HOURLY PAY SCHEDULE
FOR POSITIONS DESIGNATED AS TEMPORARY/PART-TIME
WHEREAS, temporary / part-time positions are essential to the City's operations and public service delivery; and
WHEREAS, there is a need to address temporary / part-time hourly pay ranges pursuant to State requirements, industry standards and market competitiveness; and WHEREAS, this resolution sets forth the hourly pay schedule for positions designated as temporary / part-time.
NOW, THEREFORE, BE IT RESOLVED by the City Council of the City of Bell Gardens as follows:
SECTION 1. The City Council finds that the above recitals are true and correct and incorporate them herein.
SECTION 2. Certain part-time positions with the City service are compensated on an hourly basis in the interest of efficient administration of City government and to serve the public welfare. The following hourly positions and salary ranges are authorized effective the first full pay period following ratification:
Range
Step A
B
C
D
E
PT-03
$15.60
-
-
-
-
PT-04
$16.38
$17.20
$18.06
$18.96
$19.91
PT-05
$20.91
$21.95
$23.05
$24.20
$25.41
PT-06
$26.68
$28.02
$29.42
$30.89
$32.43
The following positions will utilize one of the above salary ranges as designated by the appointing authority. The number of positions is determined by the current budget.
1. Clerk
2. Intern
3. Jailer
4. Maintenance Worker
5. Police Cadet
6. Recreation Leader 1
7. Recreation Leader II
8. Recreation Leader III
9. Recreation Leader IV
10. Transportation Dispatcher
Exhibit 1 75
Resolution No. 2022-02
SECTION 3. In order to recruit Police Officers during their attendance at the Police Academy to fill vacant Police Officer positions, a Police Trainee position is authorized.
SALARY AUTHORIZED (PTRN) $3,380 per month
The number of positions authorized by this resolution is the number of vacancies then existing or pending as determined by the Personnel Officer.
SECTION 4. The City Clerk shall attest and certify to the passages and adoption of this Resolution and enter it into the book of original resolutions, and it shall become effective immediately upon its approval.
PASSED, APPROVED, and ADOPTED this 10t" day of January, 2022.
APPROVED AS TO FORM:
Rick Olivarez
City Attorney
THE CITY OF BELL GARDENS
Maria Pulido, Mayor
ATTEST:
Jane Halstead
City Clerk
2 of 2
Exhibit 1 76
,I CITY OF BELL GARDENS
OFFICE OF THE CITY MANAGER
AG E N DA RE P O RT
Item 6.
TO: Honorable Mayor and City Council Members
FROM: Michael B. O'Kelly, City Manager
BY: Jane Halstead, City Clerk
SUBJECT: CONSIDERATION AND APPROVAL OF A30-DAY RESOLUTION
REGARDING THE CONDUCT OF TELECONFERENCED MEETINGS OF
THE CITY COUNCILAND OTHER CITY BODIES UNDER THE MODIFIED RULES SET FORTH UNDER GOVERNMENT CODE SECTION 54953(E)
DATE: January 10, 2022
RECOMMENDATION:
It is staff's recommendation that the City Council adopt or approve the attached Resolution permitting the City to conduct public meetings virtually for all public bodies subject to the Brown Act in accordance with the requirements of AB 361, which will require reauthorization every (thirty) 30 days.
BACKGROUND/DISCUSSION:
On March 4, 2020, Governor Gavin Newsom proclaimed a State of Emergency throughout the state of California, in response to the rapid spread and threat of the Novel Coronavirus (COVI D- 19). On the same day, the Los Angeles County Board of Supervisors and Los Angeles County Department of Public Health ("LACDPH") declared a local emergency and local public health emergency throughout Los Angeles County. On March 17, 2020, the City of Bell Gardens City Council ("City Council") declared a local emergency due to COVI D-19 and have reviewed the need for a local emergency at least once every 60 days since the initial declaration pursuant to Government Code Section 8630(c).
Currently, the state -declared emergency remains in effect. On December 13, 2021, the California Department of Public Health reissued a universal masking requirement, regardless of vaccination status, from December 15, 2021 through January 15, 2022. On January 5, 2022, the Department of Public Health once again extended the requirement for universal masking requirements through February 15, 2022. Furthermore, the County of Los Angeles Department of Public Health Order of the Health Officer, January 5, 2022 Order requires indoor masking by all, regardless of vaccination status.
On September 16, 2021, Governor Newsom signed Assembly Bill (AB) 361 (Rivas, 2021), which authorizes local agencies to continue to hold public meetings remotely under modified teleconferencing requirements set forth in the Brown Act (Government Code section 54953(b)(3)) during a state -declared emergency, as that term is defined, and when either state or local health officials have imposed or recommended measures to promote social distancing, or in situations when the legislative body has determined that meeting in person would present imminent risks to the health or safety of attendees. AB 361 went into effect immediately and sunsets on January 1, 2024.
77 On Monday, December 13, 2021, the City passed Resolution No. 2021-105, ratifying the proclamation of a State of Emergency by Governor Newsom on March 4, 2020, and authorizing remote teleconference meetings of the City Council, City Boards, and all Commissions of the City of Bell Gardens, for the period from December 13, 2021 through January 12, 2022 pursuant to Brown Act provisions.
Under AB 361, legislative bodies of the City can meet remotely during a declared State of Emergency by the Governor that includes the jurisdictional boundaries of the City, if the legislative body determines that one of the following is also true:
1. State or local officials have imposed or recommended social distancing; or
2. To determine, by a majority vote, whether to hold remote meetings as a result of the State of Emergency, because meeting in person would present imminent risks to the health or safety of attendees; or
3. The legislative body holds a meeting having already determined by a majority vote to hold remote meetings.
Modified Brown Act requirements underAB 361, include, among other provisions, that:
Members of the public must be allowed to address the body and offer comments in real-time during the meeting.
In the event of a technical disruption, the public agency cannot take any further action on the agenda until the issue is resolved.
Public agencies may not require public comments be submitted in advance (this is still a permissible option but cannot be the only option).
Members of the public must be given a reasonable time to register to provide public comment, if necessary, and agencies that provide a timed public comment period shall not close the remote public comment option until that timed period has expired.
Once the initial authorizing resolution is adopted, ongoing authorization every thirty (30) days is required by majority vote. If the legislative body desires to continue using the teleconference exception, it must confirm the circumstances of the State of Emergency thirty (30) days after the first teleconference meeting and every thirty (30) days thereafter. Resolution Number 2021- 105 expires on January 12, 2022, should the City Council elect to continue holding meetings pursuant to the teleconference exception, the attached resolution must be adopted.
CONCLUSION:
If approved, the following will be adopted or approved:
1) The attached Resolution authorizing the City conduct public meetings virtually for all public bodies subject to the Brown Act in accordance with the requirements of AB 361, which will require reauthorization every (thirty) 30 days.
FISCAL IMPACT:
None.
ATTACHMENTS:
78 Exhibit 1 - Resolution No. 2022-03
Exhibit 2 - State Guidance for Face Coverings
Exhibit 3 - HOO Safer Return Work Community
APPROVED ELECTRONICALLY BY:
Michael B. O'Kelly, City Manager
Stephanie Vasquez, Assistant CityAttorneyfor Rick R. Olivarez, City Attorney Manuel Carrillo, Director of Finance and Administrative Services 79 RESOLUTION NO. 2022-03
A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF BELL
GARDENS, CALIFORNIA, RATIFYING THE PROCLAMATION OF A
STATE OF EMERGENCY BY GOVERNOR NEWSOM ON MARCH 4,
2020, AND AUTHORIZING REMOTE TELECONFERENCE MEETINGS
OF THE CITY COUNCIL, CITY BOARDS, AND ALL COMMISSIONS OF THE CITY OF BELL GARDENS, FOR THE PERIOD FROM JANUARY 10, 2022 THROUGH FEBRUARY 9, 2022 PURSUANT TO BROWN ACT
PROVISIONS
WHEREAS, Coronavirus, also known as COVID-19, was first reported in China in December 2019, it has now spread throughout the state of California, including throughout the City of Bell Gardens ("City");
WHEREAS, on March 4, 2020, California Governor Gavin Newsom declared a State of Emergency in response to the rising cases of COVID-19 throughout the state of California;
WHEREAS, on March 4, 2020, the Los Angeles County Board of Supervisors and Los Angeles County Department of Public Health ("LACDPH") declared a local emergency and local public health emergency in response to the spread of COVID-19 throughout the County;
WHEREAS, on March 13, 2020, the President of the United States declared a National Emergency due to the continued spread and the effects of COVID-19; WHEREAS, on March 17, 2020, the City of Bell Gardens City Council ("City Council") declared a local emergency due to COVID-19, and have reviewed the need for a local emergency at least once every 60 days since the initial declaration pursuant to Government Code Section 8630(c);
WHEREAS, on March 17, 2020, Governor Newsom issued Executive Order N-29- 20, which allowed local governments meet remotely without adherence to the traditional teleconferencing rules set forth in the Ralph M. Brown Act ("Brown Act"), this waiver was extended through September 30, 2021 by Executive Order N-08-21; WHEREAS, on September 16, 2021, Governor Newsom signed into law Assembly Bill No. 361 ("AB 361"), which, until January 1, 2024, authorizes a local agency to use teleconferencing without complying with the teleconferencing requirements imposed by the Brown Act, when a legislative body of a local agency holds a meeting during a declared State of Emergency, as that term is defined, when state or local health officials have imposed or recommended measures to promote social distancing or when the legislative body has determined that meeting in person would present imminent risks to the health or safety of attendees;
Exhibit 1 80
Resolution No. 2022-03
WHEREAS, on December 13, 2021, the California Department of Public Health reissued a universal masking requirement, regardless of vaccination status, from December 15, 2021 through January 15, 2022;
WHEREAS, On January 5, 2022, the Department of Public Health once again extended the requirement for universal masking requirements through February 15, 2022; WHEREAS, the January 5, 2022, County of Los Angeles Department of Public Health Order of the Health Officer Order requires indoor masking by all, regardless of vaccination status;
WHEREAS, AB 361 requires legislative bodies that hold teleconferenced meetings under its abbreviated teleconferencing procedures to give notice of the meeting and post agendas, as described, to allow members of the public to access the meeting and address the legislative body, to give notice of the means by which members of the public may access the meeting and offer public comment, including an opportunity for all persons to attend via a call -in option or an internet-based service option, and to conduct the meeting in a manner that protects the statutory and constitutional rights of the parties and the public appearing before the legislative body;
WHEREAS, AB 361 requires the legislative body take no further action on agenda items when there is a disruption which prevents the public agency from broadcasting the meeting, or in the event of a disruption within the local agency's control which prevents members of the public from offering public comments, until public access is restored; WHEREAS, AB 361 prohibits the legislative body from requiring public comments to be submitted in advance of the meeting and specifies that the legislative body must provide an opportunity for the public to address the legislative body and offer comment in real time;
WHEREAS, AB 361 prohibits the legislative body from closing the public comment period and the opportunity to register to provide public comment, until the public comment period has elapsed or until a reasonable amount of time has elapsed, as specified; WHEREAS, all City Council, Board, and Commission meetings are open and public, as required by the Brown Act, so that any member of the public may attend, participate, and watch the City Council or City Commission conduct their business; WHEREAS, on December 13, 2021, the City Council adopted Resolution No. 2021-105 ratifying the proclamation of a State of Emergency by Governor Newsom on March 4, 2020, and authorizing remote teleconference meetings of the City Council, City Boards, and all Commissions of the City of Bell Gardens, for the period from December 13, 2021 through January 12, 2022 pursuant to Brown Act provisions; WHEREAS, the City finds that the continuous spread of COVID-19, specifically the Omicron variant of COVID-19, throughout the community has caused, and will continue 2of4
Exhibit 1 81
Resolution No. 2022-03
to cause, conditions of peril to the safety of persons within the City that are likely to be beyond the control of the City;
WHEREAS, the City continues to enforce measures to promote social distancing which include requiring staff and civilians wear masks in City buildings as well as posting COVID-19 safety measures throughout City buildings and on the City's social media accounts;
WHEREAS, in light of the continuing State declaration of emergency resulting from the COVID-19 pandemic, the Order of the Los Angeles County Department of Public Health, and the imminent risks to the health and safety of attendees at meetings conducted in person due to the spread of COVID-19, the City Council desires to make the findings required by AB 361 to allow the City Council and all City Boards and Commissions to continue to meet under AB 361's abbreviated teleconferencing procedures.
NOW, THEREFORE, BE IT RESOLVED by the City Council of the City of Bell Gardens as follows:
SECTION 1. The above recitals are true and correct and are incorporated herein by reference.
SECTION 2. The City Council finds that local officials, specifically, the Los Angeles County Department of Public Health, has continued to recommend social distancing measures.
SECTION 3. The City Council hereby ratifies the Governor of the state of California's Proclamation of State of Emergency, effective as of its issuance date of March 4, 2020.
SECTION 4. The City Manager or designee and legislative bodies of the City are hereby authorized and directed to take all actions necessary to carry out the intent and purpose of this Resolution including, continuing to conduct open and public meetings in accordance with Government Code section 54953(e) and other applicable provisions of the Brown Act.
SECTION 5. This Resolution shall take effect immediately upon its adoption and shall be effective starting January 10, 2022 until the earlier of February 9, 2022, or such time as the City Council adopts a subsequent resolution in accordance with Government Code section 54953(e)(3) to extend the time during which the legislative bodies of the City of Bell Gardens may continue to teleconference without compliance with paragraph (3) of subdivision (b) of section 54953.
SECTION 6. All portions of this Resolution are severable. If any section, subsection, sentence, clause, phrase or portion of this Resolution is for any reason held 3of4
Exhibit 1 82
Resolution No. 2022-03
invalid or unconstitutional, such decision shall not affect the validity of the remaining portions of this Resolution.
SECTION 7. The City Clerk shall attest and certify to the passage and adoption of this Resolution and enter it into the book of original resolutions, and it shall become effective immediately upon its approval.
PASSED, APPROVED and ADOPTED this 101" day of January 2022.
THE CITY OF BELL GARDENS
Maria Pulido, Mayor
APPROVED AS TO FORM: ATTEST:
Rick Olivarez
City Attorney
4of4
Jane Halstead
City Clerk
Exhibit 1 83
1/6/22, 2:56 PM
guidance for face coverings
State of California —Health and Human
TOMAS J. ARAGON, M.D., Dr.P.H.
State Public Health Officer& Director
January 5, 2022
TO: All Californians
Services Agency
California Department of
Public Health
SUBJECT: Guidance for the Use of Face Masks
GAVIN NEWSOM
Governor
Related Materials: Face Coverings Q&A I Face Coverings Fact Sheet (PDF) I Face Mask Tips and Resources I Face .................................................................................................................
Shields Q&A (PDF) I Safe Schools for All Hub J More Home & Community Guidance jAll Guidance I More Languages .................................................................................................................
Updates as of January 5, 2022:
• Extends requirement for universal masking indoors statewide December 15, 2021, through February 15, 2022.
Guidance For the Use of Masks
Background
The COVID-19 vaccines remain effective in preventing serious disease, hospitalization, and death from the SARS- CoV-2 virus. Unvaccinated persons are more likely to get infected and spread the virus which is transmitted through the air and concentrates indoors. To ensure that we collectively protect the health and well-being of all Californians; keep schools open for in -person instruction; and allow California's economy to remain open and thrive, the California Department of Public Health (CDPH) is requiring masks to be worn in all indoor public settings, irrespective of vaccine status, until February 15, 2022. This requirement will be updated as CDPH continues to assess conditions on an ongoing basis.
This measure brings an added layer of mitigation as the Omicron variant, a Variant of Concern as labeled by the World Health Organization, continues to increase in prevalence across California, the United States, and the world and spreads much more easily than the original SARS-CoI virus and the Delta variant.
Over the last two weeks, the statewide seven-day average case rate has increased by more than sixfold and hospitalizations have doubled. While the percentage of Californians fully vaccinated and boosted continues to increase, we continue to have areas of the state where vaccine coverage is low, putting individuals and Exhibit 2 84
https://www.cdph.ca.gov/Programs/CID/DCDC/Pages/COVID-19/guidance-for-face-coverings.aspx 1/4
1/6/22, 2:56 PM guidance for face coverings
communities at greater risk for COVID-19. Given the current hospital census, which is overcapacity, the surge in cases and hospitalizations has materially impacted California's health care delivery system within many regions of the state. Staffing levels are also increasingly impacted by COVID-19 transmission in many critical sectors.
As noted in the Science Brief[1] by the Centers for Disease Control and Prevention (CDC) updated in December 2021, at least ten studies have confirmed the benefit of universal masking in community level analyses: in a unified hospital system,[2] a German city,[3] two U.S. states,[4], [5] a panel of 15 U.S. states and Washington, D.C.,[6], [7] as well as both Canada[8] and the U.S.[9], [10], [11] nationally. Each analysis demonstrated that, following directives for universal masking, new infections fell significantly. Two of these studies[12], [13] and an additional analysis of data from 200 countries that included the U.S.[14] also demonstrated reductions in mortality. Another 10-site study showed reductions in hospitalization growth rates following mask mandate implementation.[15] Implementing a universal masking requirement not only has proven to decrease the rate of infections but is able to slow community transmission. A series of cross -sectional surveys in the U.S. suggested that a 10% increase in self -reported mask wearing tripled the likelihood of slowing community transmission.[16] The masking requirement in California schools has allowed us to keep schools open when compared to other parts of the country. California accounts for roughly 12% of all U.S. students, but only 1% of COVID-19 related school closures. Nationally during the Delta surge in July and August 2021, jurisdictions without mask requirements in schools experienced larger increases in pediatric case rates, and school outbreaks were 3.5 times more likely in areas without school mask requirements.[17], [18] In workplaces, employers are subject to the Cal/OSHA COVID-19 Emergency Temporary Standards (ETS) or in some workplaces the Cal/OSHA Aerosol Transmissible Diseases (ATD) Standard and should consult those regulations for additional applicable requirements.
Masking Requirements
Masks are required for all individuals in all indoor public settings, regardless of vaccination status from December 15, 2021 through February 15, 2022 [surgical masks or higher -level respirators (e.g., N95s, KN95s, KF94s) with good fit are recommended].
See State Health Officer Order, issued on July 26, 2021, for a full list of high -risk congregate and other healthcare settings where surgical masks are required for unvaccinated workers, and recommendations for respirator use for unvaccinated workers in healthcare and long-term care facilities in situations or settings not covered by Cal OSHA ETS or ATD.
For additional information on types of masks, the most effective masks, and ensuring a well -fitted mask, individuals should refer to CDPH Get the Most out of Masking and see CDPH Masking Guidance Frequently Asked Questions for more information.
No person can be prevented from wearing a mask as a condition of participation in an activity or entry into a business.
Exemptions to masks requirements
The following individuals are exempt from wearing masks at all times:
• Persons younger than two years old. Very young children must not wear a mask because of the risk of suffocation.
• Persons with a medical condition, mental health condition, or disability that prevents wearing a mask. This includes persons with a medical condition for whom wearing a mask could obstruct breathing or who are Exhibit 2 85
https://www.cdph.ca.gov/Programs/CID/DCDC/Pages/COVID-19/guidance-for-face-coverings.aspx 2/4
1/6/22, 2:56 PM guidance for face coverings
unconscious, incapacitated, or otherwise unable to remove a mask without assistance. • Persons who are hearing impaired, or communicating with a person who is hearing impaired, where the ability to see the mouth is essential for communication. • Persons for whom wearing a mask would create a risk to the person related to their work, as determined by local, state, or federal regulators or workplace safety guidelines. [1] Science Brief: Community Use of Masks to Control the Spread of SARS-CoV-2 I CDC [2] Wang X, Ferro EG, Zhou G, Hashimoto D, Bhatt DL. Association between universal masking in a health care system and SARS-CoV-2 positivity among health care workers. JAMA. 2020;324(7):703-704. [3] Mitze T, Kosfeld R, Rode J, Wilde K. Face masks considerably reduce COVID-19 cases in Germany. Proc Natl Acad Sci USA. 2020;117(51):32293-32301.
[4] Gallaway MS, Rigler J, Robinson S, et al. Trends in COVID-19 incidence after implementation of mitigation measures - Arizona, January 22-August 7, 2020, MMWR Morb Mortal My Rep. 2020;69(40):1460-1463. [5] Van Dyke ME, Rogers TM, Pevzner E, et al. Trends in county -level COVID-19 incidence in counties with and without a mask mandate - Kansas, June 1-August 23, 2020. MMWR Morb Mortal Wkly Rep. 2020;69(47):1777-1781. [6] Lyu W, Wehby GL. Community use of face masks and COVID-19: evidence from a natural experiment of state mandates in the US. Health Aff (Millwood). 2020;39(8):1419-1425. [7] Hatzius J, Struyven D, Rosenberg I. Face masks and GDP. Updated June 29, 2020. Accessed July 8, 2020. [8] Karaivanov A, Lu SE, Shigeoka H, Chen C, Pamplona S. Face masks, public policies and slowing the spread of COVID-19: evidence from Canada. J Health Econ. 2021;78:102475. [9] Joo H, Miller GF, Sunshine G, et al. Decline in COVID-19 hospitalization growth rates associated with statewide mask mandates -10 states, March -October 2020. MMWR Morb Mortal Wkly Rep. 2021;70(6):212-216. [10] Chernozhukov V, Kasahara H, Schrimpf P. Causal impact of masks, policies, behavior on early COVID-19 pandemic in the U.S. J Econom. 2021;220(1):23-62.
[11] Guy GP Jr, Lee FC, Sunshine G, et al. Association of state -issued mask mandates and allowing on -premises restaurant dining with county -level COVID-19 case and death growth rates - United States, March 1-December31, 2020. MMWR Morb Mortal Wkly Rep. 2021;70(10):350-354.
[12] Ibid, 6.
[13] Ibid, 7.
[14] Ibid, 11.
[15] Ibid, 9.
[16] Rader B, White LF, Burns MR, et al. Mask -wearing and control of SARS-CoV-2 transmission in the USA: a cross - sectional study. The Lancet Digital Health. 2021;3(3):e148-e157. [17] Jehn M, McCullough JM, Dale AP, Gue M, Her B, Cullen T, Scott SE. Association between K-12 school mask policies and school -associated COVID-19 outbreaks — Maricopa and Pima Counties, Arizona, July -August 2021. MMWR Morb Mortal Wkly Rep. 2021; 70(39);1372-1373.
Exhibit 2 86
https://www.cdph.ca.gov/Programs/CID/DCDC/Pages/COVID-19/guidance-for-face-coverings.aspx 3/4
1/6/22, 2:56 PM guidance for face coverings
[18] Budzyn SE, Panaggio MJ, Parks SE, Papazian M, Magid J, Eng M, Barrios LC. Pediatric COVID-19 cases in counties with and without school mask requirements — United States, July 1-September 4, 2021. MMWR Morb Mortal Wkly Rep. 2021; 70(39);1377-1378.
California Department of Public Health
PO Box, 997377, MS 0500, Sacramento, CA 95899-7377
Department Website (cdph.ca.gov)
Exhibit 2 87
https://www.cdph.ca.gov/Programs/CID/DCDC/Pages/COVID-19/guidance-for-face-coverings.aspx 4/4
COUNTY OF LOS ANGELES DEPARTMENT OF PUBLIC HEALTH COLIN Ty OF Los ANGEL 5 (
ORDER OF THE HEALTH OFFICER Public Nelith
RESPONDING TOGETHER AT WORK AND IN THE COMMUNITY
BEYOND THE BLUEPRINT FOR A SAFER ECONOMY, HIGH TRANSMISSION - ENCOURAGING COVID-19 VACCINATION AND BOOSTER DOSE COVERAGE
WITH SIGNIFICANT RISK REDUCTION MEASURES
Issue Date: Wednesday, January 05, 2022
Effective as of 12:01am on Thursday, January 06, 2022*
*Updated definitions for mega events effective as of 1/15/2022; Masking requirement effective no later than 1/17/2022
Brief Highlights (Changes highlighted in yellow):
1/6/2022:
• Masks must be worn at all times while indoors at Cardrooms. Patrons may remove masks only when actively eating or drinking in designated dining areas and may not consume food or beverage while playing or gaming.
• As soon as possible, but no later than JanuaDL1Z2022, employers are required to provide their employees, who work indoors and in close contact with other workers or the public, with and require them to wear a well -fitting medical grade mask, surgical mask or higher -level respirator, such as an N95 filtering facepiece respirator or KN95, at all times while indoors at the worksite or facility.
• In alignment with the State M.6lic ijealth Officer's Decernber 31 .2_DZ__1QLdqr, beginning January, 15, 2022, attendance _ thresholds --'"'i- -a-rie, lowered -,---,''... ......to...",505-6--attendees for Indoor Mega Events and lowered to 5,000 attendees for Outdoor Mega Events. • Recognizing the protection provided by masking while indoors and in crowded settings, there is a strong recommendation that at Mega Events, Performance Venues, Movie Theatres and Entertainment Venues, food and drink only be consumed, where possible, in designated dining areas.
• Mega Events, Performance Venues, Movie Theatres and Entertainment Venues are responsible for messaging, signage, and compliance with masking requirement unless spectators/customers are actively eating or drinking
12131/2021:
In light of the drastic increases in cases and resultant hospitalizations, and to lessen the severity of the Omicron and Delta variant surge in Los Angeles County and protect against overwhelming the health care delivery system, the following changes are being made to this Order:
• Isolation and Quarantine Requirements are revised to mainly align with the State Public Health Officer's revised Gu�dance foir Locd0 Health Juir��sdcbons on isolafloin and Qii,jwanthie of flte . . . ........... ... . .. . ................. _',_,_ GeneiraLl��&Ic, released on December 30, 2021. This guidance does NOT apply to healthcare _._ .......... . -,
personnel in any setting. See AFL-21 ,08,6. In the workplace, employers are subject to the C00&1A COW�)-19 Pi�vvenfion Ei�ri aram...Dmop-�2-rar.y. ai@Lnd_a!j_s_J1M or in some NE ap
workplaces -`'............ the e Ca_m 0 S-1 E A- -A-ero__ —so -1 rai�°ismissdD�e ".�hse 'T' Standaird (PDF), and should consult thoseregulations-'-ifar additional i ,",`, applicable "_, " requirements.
Please read this Order carefully.
SUMMARY OF THE ORDER: Based on the federal C.r,rteirs 11sease Corib'6 and 1��Irevenfion .....e......
C J,Jird,Jcators, as of January 5, 2022 the County of Los Angeles is currently experiencing a _ _
Responding Together at Work and in the Community Beyond The Blueprint For A Safer Economy, Page 1 of 18 High Transmission— Encouraging COVID-19 Vaccination and Booster Dose Coverage with Significant Risk Reduction Measures Revised 1/5/2022
Exhibit 3 88
COUNTY OF LOS ANGELES DEPARTMENT OF PUBLIC HEALTH s ANGELES 101 Z Health
ORDER OF THE HEALTH OFFICER
weekly average of 1,247.71 new cases of COVID-19 per 100,000 persons. According to the CDC's threshold of 100 or more new cases of COVID-19 per 100,000 persons, the County remains at a High rate of community transmission of COVID-19. This Order continues to require indoor masking by all, regardless of vaccination status, to slow the spread of COVID-19 in Los Angeles County.
This Order mainly aligns with the State Public Health Officer Orders of June 11, 2021 and December 13 & 31, 2021. It continues to place certain safety requirements on individuals consistent with federal and state rules. Further, this Order incorporates by reference the July 26, 2021, and December 22, 2021 Order of the State Public Health Officer, which requires specific transmission prevention measures to be taken by Acute Health Care and Long -Term Care settings, High -Risk Congregate settings, and Other Health Care settings. In addition, this Order continues to require that all persons, 2 years of age and older, wear face masks while in indoor public settings and businesses, with limited exceptions, as a protective measure with this High level of community transmission. On July 28, 2021, the CDC, and the California Department of Public Health each issued new guidance validating the universal indoor masking requirements of this Order. The CDC's Interim Public Health Recommendations for Fully Vaccinated' People advises that "preliminary evidence suggests that fully vaccinated people who do become infected with the Delta variant can spread the virus to others" and therefore recommends that fully vaccinated people should wear a mask in indoor settings if they are in a [geographic] area where there is Substantial or High rates of COVID-19 community transmission. Moreover, on December 13, 2021, the State Public Health Officer required universal masking, irrespective of vaccination status, between December 15, 2021, and January 15, 2022, in public indoor settings throughout California. The State Public Health Officer explained that the universal indoor masking requirement "brings an added layer of mitigation as the Omicron variant, a Variant of Concern as labeled by the World Health Organization, is detected across California, the United States, and the world and is likely to spread more easily than the original SARS-Cov-2 virus and the Delta variant. Additionally, this new measure brings additional protection to individuals, families, and communities during the holidays when more travel occurs, and time is spent indoors."
This Order continues some requirements on businesses and government entities, such as a general requirement to report to Public Health positive cases in the workplace and in schools, requirements for signage, and a proof of vaccination or a recent negative test for COVID-19 requirement for admission into Indoor and Outdoor Mega Events. Due to the recent and drastic increases in COVID-19 cases due to the transmissibility of the Omicron variant, this Order installs a new masking requirement at Cardrooms. All patrons must wear masks at all times while indoors at Cardrooms, except when actively consuming food and beverages in designated dining areas. Patrons may not remove their masks while engaging in entertainment or gaming activities. Further, Public Health strongly recommends that at Mega Events, Performance Venues, Movie Theatres and Entertainment Venues, food and drink only be consumed, where possible, in designated dining areas. Designated dining areas should be in well ventilated spaces, ideally outdoors when possible, that are separated from walkways and I People are considered "fully vaccinated" against COVID-19 two weeks or more after they have received the second dose in a 2-dose series (e.g., Pfizer-BioNTech or Moderna) or 2 weeks or more after they have received a single -dose vaccine (e.g., Johnson and Johnson [J&J]/Janssen).
Responding Together at Work and in the Community Beyond The Blueprint For A Safer Economy, Page 2 of 18 High Transmission — Encouraging COVID-19 Vaccination and Booster Dose Coverage with Signifcant Risk Reduction Measures Revised 1/5/2022
Exhibit 3 89
COUNTY OF LOS ANGELES DEPARTMENT OF PUBLIC HEALTH Coutay oF Lo ANGUES ORDER OF THE HEALTH OFFICER Public Health
other areas where people may be gathering to participate in non-food/beverage consumption activities. In addition, Mega Events, Performance Venues, Movie Theatres and Entertainment Venues are responsible for messaging, signage, and compliance with masking requirement unless spectators/customers are actively eating or drinking. Also, this Order includes best practice recommendations to reduce COVID-19 risk for individuals, businesses, and government entities.
COVID-19 daily cases and community transmission of COVID-19 are at a high level; on January 4, 2022 alone, Los Angeles County reported 21,790 new cases. Since Thanksgiving Day, the County's test positivity rate and hospitalizations have steadily increased. As of December 28, 2021, Los Angeles County is reporting a 7-day daily average case rate of 150.4 cases per 100,000 people. These statistics indicate a continued and high risk of COVID-19 infection for those who are not or cannot be vaccinated against COVID-19. Based upon federal CDC indicators and thresholds, this means that community transmission of COVID-19 within the County of Los Angeles is now High, and highly likely to increase as we are at a time when respiratory viruses, like influenza and SARS-CoV-2, spread more easily. Moreover, with the emergence and arrival of the Omicron variant, the risk of rapid community transmission has increased.
Even though more people in Los Angeles County and the region are vaccinated against the virus that causes COVID-19, there remains a risk that when outside of their residence people may come into contact with others who may have COVID-19. There are millions of people in Los Angeles County who are not yet vaccinated against COVID-19, including children under 5 years of age who are not currently eligible to be vaccinated, and people who are immunocompromised and may be particularly vulnerable to infection and disease. Most COVID-19 infections are spread by people who have no or mild symptoms of infection. The Delta and Omicron variants of the virus spread more easily. In the absence of physical distancing requirements for the public and capacity limits for indoor and outdoor settings, unvaccinated and partially vaccinated persons are more likely to get infected and spread the virus, which is transmitted through the air and concentrates in indoor settings. Additionally, we continue to see increases in COVID-19 infections among fully vaccinated persons, albeit at a significantly lower rate than those among persons who are not fully vaccinated.
The current COVID-19 vaccines remain effective at helping to reduce the risk of getting and spreading the infection. They also continue to significantly reduce the risk of getting seriously ill even if a fully vaccinated person gets COVID-19, including against the current variants of the virus that causes COVID-19. Although no vaccine is 100 percent effective at preventing illness in vaccinated people, the currently authorized COVID-19 vaccines remain the best form of protection against COVID-19 infection, hospitalization, and death. Vaccinations are widely available to those 5 years and older.
The best way to reduce the current level of community transmission and to prevent future surges is for everyone who is eligible, including those who have recovered from a COVID-19 infection, to get fully vaccinated as soon as possible. People at risk for severe illness with COVID-19, such as unvaccinated older adults and unvaccinated individuals with health risks, and members of their households, are strongly urged to get vaccinated against COVID-19 as soon as they can if Responding Together at Work and In the Community Beyond The Blueprint For A Safer Economy, Page 3 of 18 High Transmission —Encouraging COVID-19 Vaccination and Booster Dose Coverage with Signifcant Risk Reduction Measures Revised 1/5/2022
Exhibit 3 90
COUNTY OF LOS ANGELES DEPARTMENT OF PUBLIC HEALTH s ANGEL'S "It" �Oaflaealllllllll
ORDER OF THE HEALTH OFFICER
they have not already done so. And all persons who are fully vaccinated should also receive a booster dose of the COVID-19 vaccine as soon as they are eligible since studies show the protection from the primary COVID-19 vaccination may decrease overtime. With an increased immune response, people should have improved protection against getting infected with and seriously ill from COVID-19, including the variants. Those who are not fully vaccinated are urged to adhere to both the required and recommended risk reduction measures.
We must remain vigilant against variants of the virus that causes COVID-19, especially given High levels of transmission here and in other parts of the world and the emergence of the Omicron variant for which current COVID-19 vaccines may not be as effective at preventing infection but are expected to protect against severe illness, including hospitalizations and death from infection. Currently, the Delta variant remains predominant in Los Angeles County. The Delta variant is two times as contagious than early COVID-19 variants and continues to lead to increased infections. The recent emergence and arrival of the Omicron variant may further increase that infection risk. Additionally, data suggests that the immune response to COVID-19 vaccination might be reduced in some imm unocom promised people, which increases their risk of serious health consequences from COVID-19 infection. It is, therefore, prudent to require continued indoor masking for all as an effective public health measure to reduce transmission between people.
This Order is issued to help slow and decrease the level of community transmission of COVID- 19 here in Los Angeles County.
This Order's primary intent is to reduce the transmission risk of COVID-19 in the County for all, especially those who are not fully vaccinated and fully vaccinated but immunocompromised persons, in the absence of other protective measures, like physical distancing requirements and capacity limits. Accordingly, this Order allows Businesses, schools, and other activities to remain open while at the same time putting in place certain requirements designed to (1) limit transmission risk of COVID-19 and (2) reduce the risk of any COVID-19 outbreaks.
This Order will be revised in the future, if needed, to reflect the State Executive Orders, California Division of Occupational Safety and Health's (better known as Cal/OSHA) worksite requirements, State Public Health Officer Orders and guidance, and CDC recommendations.
Should local COVID-19 conditions warrant, the County Health Officer may, after consultation with the Board of Supervisors, issue Orders that are more restrictive than those of the State Public Health Officer.
This Order is effective within the County of Los Angeles Public Health Jurisdiction, defined as all cities and unincorporated areas within the County of Los Angeles, except for the cities of Long Beach and Pasadena that must follow their respective City Health Officer orders and guidance. This Order is effective at 12:01 am on Thursday, January 06, 2022 and will continue until further notice.
Responding Together at Work and in the Community Beyond The Blueprint For A Safer Economy, Page 4 of 18 High Transmission —Encouraging COVID-19 Vaccination and Booster Dose Coverage with Signifcant Risk Reduction Measures Revised 1/5/2022
Exhibit 3 91
COUNTY OF LOS ANGELES DEPARTMENT OF PUBLIC HEALTH Coutay of LosA0allbwELES Public
ORDER OF THE HEALTH OFFICER
UNDER THE AUTHORITY OF CALIFORNIA HEALTH AND
SAFETY CODE SECTIONS 101040,101086, AND 120175,
THE COUNTY OF LOS ANGELES HEALTH OFFICER ORDERS:
1. This Order supersedes the Health Officer's Prior Order.
2. This Order's intent is to continue to protect the community from COVID-19 and to also increase vaccination and booster dose rates to reduce transmission of COVID-19 long-term, so that the whole community is safer and the COVID-19 health emergency can come to an end.2 Failure to comply with any of the Order's provisions constitutes an imminent threat and menace to public health, and a public nuisance, and is punishable by citation or fin e. a) This Order does not supersede any stricter limitation imposed by a local public entity within the County of Los Angeles Public Health Jurisdiction. The Order is consistent with existing authority that local health jurisdictions may implement or continue more restrictive public health measures if the jurisdiction's Local Health Officer determines that health conditions in that jurisdiction warrant such measures. Where a conflict exists between this Order and any State Public Health Officer Order related to controlling the spread of COVID-19 during this pandemic, the most restrictive provision controls, unless the County of Los Angeles is subject to a court order requiring it to act on, or enjoining it from enforcing, any part of this Order.
3. All persons living within the County of Los Angeles Public Health Jurisdiction should continue to always practice required and recommended COVID-19 infection control measures and when among other persons when in community, work, social or school settings, especially when multiple unvaccinated persons from different households may be present and in close contact with each other, especially when in indoor or crowded outdoor settings.
All persons in the general public must comply with isolation and quarantine requirements provided in the Health Officer Public Health Emergency Ilsolafiqi�'i Ordei, and Quarandne Order. Those requirements include the following:
a) Isolation: All persons who test positive for COVID-19, regardless of vaccination status, previous infection, or lack of symptoms, must self -isolate for at least 5 days.
Persons may only end their self -isolation after Day 5 if a) they are asymptomatic or are fever free and their symptoms are improving and b) they take a diagnostic specimen3 collected on Day 5 or later and test negative. If unable to test or they choose not to test, and symptoms are not present or are resolving, isolation can end after day 10. Wear a well -fitting mask around others, indoors and outdoors, for a total of 10 days. Adults should wear a well -fitting medical grade mask (surgical or respirator). Children should wear a well -fitting, non -cloth mask of multiple layers of non -woven material with a nose wire.
I People are considered "fully vaccinated" against COVID-19 two weeks or more after they have received the second dose in a 2-close series (e.g., Pfizer-BioNTech or Moderna) or 2 weeks or more after they have received a single -dose vaccine (e.g., Johnson and Johnson [J&JyJanssen).
3 An antigen test, nucleic acid amplification test (NAAT) or LAMP test are acceptable; however, it is recommended that persons use an antigen test for ending isolation. Exposed persons who were infected with SARS-Cov-2 within 90 days prior to their current exposure should also use an antigen test.
Responding Together at Work and in the Community Beyond The Blueprint For A Safer Economy, Page 5 of 18 High Transmission— Encouraging COVID-19 Vaccination and Booster Dose Coverage with Signifcant Risk Reduction Measures Revised 1/5/2022
Exhibit 3 92
COUNTY OF LOS ANGELES
COUNTY OF LOS ANGELES DEPARTMENT OF PUBLIC HEALTH " Public Nealth ORDER OF THE HEALTH OFFICER 1114 NN
b) Quarantine: All unvaccinated4 persons or fully vaccinated persons who are eligible for a boosters but have not yet received their booster dose, who are close contacts of a COVID-19 case, must quarantine for at least 5 days after their last contact with a person who has COVID-19. Such persons should test immediately and, if negative, should test again on Day 5 after their last exposure. Persons may only end their quarantine period after day 5 if a) they are asymptomatic and b) they take a diagnostic specimen collected on day 5 or later and test negative. If unable to test or they choose not to test, and symptoms are not present, quarantine can end after day 10. Wear a well -fitting mask while around others, indoors and outdoors, for a total of 10 days.
Adults should wear a well -fitting medical grade mask (surgical or respirator). Children should wear a well -fitting, non -cloth mask of multiple layers of non -woven material with a nose wire.
If symptoms occur, individuals should immediately isolate and test as soon as possible (do not wait until 5 days after exposure to retest if symptoms develop earlier) and, if positive, self -isolate as described above.
c) Individuals who have received their COVID-1 9 vaccine booster or are fully vaccinated but not yet eligible for a booster do not need to quarantine following an COVID-19 exposure. Such persons should test immediately, and if negative, should test again on Day 5 after your last contact with a person who has COVID-19. Further, they must wear a well -fitting medical grade mask (surgical or respirator) while around others, indoors and outdoors, for 10 days after the exposure. If symptoms occur, individuals should immediately isolate and test as soon as possible (do not wait until 5 days after exposure to retest if symptoms develop earlier) and, if positive, continue to self -isolate as described above.
d) In establishments and settings with active outbreaks, quarantine and isolation may be extended for additional days by County Public Health outbreak investigators to help lower the risk of ongoing transmission at the site.
4. Face Masks. All individuals must follow the requirements included in both the requirements of this Order and the July 28, 2021 and December 13, 2021 Guidance for the Use of Face Coverings issued by the California Department of Public Health. a) These requirements are aligned with July 28, 2021 recommendations issued by the CDC. The CDC recommendations provide information about both indoor and higher risk settings where masks are required or recommended to prevent transmission to:
i. Persons with a higher risk of infection (e.g., unvaccinated or immunocompromised persons),
ii. Persons with prolonged, cumulative exposures (e.g., workers), or iii. Persons whose vaccination status is unknown.
4 Includes persons previously infected with SARS-CoV-2, including within the last 90 days. ' Same as footnote 4.
Responding Together at Work and in the Community Beyond The Blueprint For A Safer Economy, Page 6 of IS High Transmission —Encouraging COVID-19 Vaccination and Booster Dose Coverage with Signifcant Risk Reduction Measures Revised 1/5/2022
Exhibit 3 93
COUNTY OF LOS ANGELES DEPARTMENT OF PUBLIC HEALTH
10i;
ORDER OF THE HEALTH OFFICER Paric a
When people wear a mask correctly, they protect others as well as themselves.
Consistent and correct mask use is especially important indoors and outdoors when in close contact with (less than six feet from) others who are not fully vaccinated against COVID-1 9 or whose vaccination status is unknown.
b) Masks are required to be worn by everyone, 2 years of age and older, regardless of COVID-19 vaccination status, in the following settings:
i. On public transit (examples: airplanes, ships, ferries, trains, subways, buses, taxis, and ride -shares),
ii. In transportation hubs (examples: airport, bus terminal, marina, train station, seaport or other port, subway station, or any other area that provides transportation),
iii. Indoors in K-12 schools, childcare and other youth settings (See, Appendix T1 for recent updates to K-12 School masking requirements), iv. Healthcare settings (including long term care facilities), v. State and local correctional facilities and detention centers, vi. Homeless shelters, emergency shelters, and cooling centers, vii. All indoor public settings, venues, gatherings, and public and private businesses (some examples: offices, manufacturing, warehouses, retail, food and beverage services, theaters, family entertainment centers, meetings, and state and local government offices serving the public, Indoor Mega Events, among others), and
viii. Outdoor Mega Events.
c) Recommendation for higher level of protection: In indoor public and private settings where there is close contact with other people who may not be fully vaccinated, individuals should consider wearing a higher level of protection, such as wearing two masks ("double masking") or a wearing a respirator (e.g., KN95 or N95). This is particularly important if an individual is not fully vaccinated and is in an indoor or crowded outdoor setting.
d) Individuals, businesses, venue operators or hosts of public indoor settings, venues, gatherings, and businesses, and Outdoor Mega Events must:
i. Require all patrons, customers, and guests to wear masks when inside at all indoor settings and at Outdoor Mega Events, regardless of their vaccination status; and
ii. Post clearly visible and easy to read signage, with or without having an employee present, at all entry points for indoor and outdoor settings to communicate the masking requirements for patrons, customers, and guests. e) For clarity, patrons, customers, or guests at public indoor settings, venues, gatherings, and public and private businesses, and at Outdoor Mega Events are required to wear a face mask except while:
i. Actively eating or drinking, which is the limited time during which the mask can be removed briefly to eat or drink, after which it must be immediately put back Responding Together at Work and in the Community Beyond The Blueprint For A Safer Economy, Page 7 of 18 High Transmission— Encouraging COVID-19 Vaccination and Booster Dose Coverage with Signlfcant Risk Reduction Measures Revised 1/5/2022
Exhibit 3 94
s ANoEt s
COUNTY OF LOS ANGELES DEPARTMENT OF PUBLIC HEALTH
ORDER OF THE HEALTH OFFICER
on. Patrons, customers, or guests must be seated at a table or positioned at a stationary counter, ticketed seat, or place while actively eating or drinking.
1. Except, all persons must wear masks at all times while indoors at Cardrooms, except when actively consuming food and beverages in a designated dining area.
2. Further, it is a strong recommendation that at Mega Events, Performance Venues, Movie Theatres and Entertainment Venues, food and drink only be consumed, where possible, in designated dining areas. In addition, Mega Events, Performance Venues, Movie Theatres and Entertainment Venues are responsible for messaging, signage, and compliance with masking requirement unless
spectators/customers are actively eating or drinking.
Showering or engaging in personal hygiene or a personal care service that requires the removal of the face mask;
iii. Alone in a separate room, office or interior space; f) Special considerations are made for people with communication difficulties or certain disabilities. Clear masks or cloth masks with a clear plastic panel that fit w0 are an alternative type of mask for people who interact with: people who are deaf or hard of hearing, children or students learning to read, people learning a new language, and people with disabilities.
g) All businesses, venue operators or hosts must implement measures to clearly communicate to non -employees the masking requirements on their premises. h) No person can be prevented from wearing a mask as a condition of participation in an activity or entry into a business.
i) The categories of persons who are exempt from mask requirements remain unchanged at this time and can be found at
gym-ct -sir.
In workplaces,
-- — - - ------ - - - ----
certain employees may be exempt from wearing a mask when performing specific tasks which cannot feasibly be performed while wearing a mask. This exception is limited to the period of time in which such tasks are actually being performed.
Workers who cannot feasibly wear a mask while performing their work, and who are either unvaccinated or fully vaccinated and eligible for a dose of COVID-1 9 vaccine but have not yet received it, must be tested for COVID-1 9 at least twice per week.
Fully vaccinated persons who cannot feasibly perform their job while wearing a mask, and who have received their booster dose of COVI D-1 9 vaccine or who are not yet eligible for a booster should test at least once per week. j) In workplaces, most employers and businesses are subject to the Cal/OSHA COVI D- 19 Eri ier1t!2!;Ly _!gL1 p�La ! 0 and some to the Q6l/()SIJA Aeros6 ........ - )P - 19 n _g!�k -.1 1.1.1.1.,.,.,,�,,.,,."-l--...-.----...-.-.- I rarisrnisslNe Diseases Starejards, and should consult those regulations for additional applicable requirements. The ETS allow local health jurisdictions to require more protective mandates. This County Health Officer Order, which requires masking of all individuals at indoor public settings and businesses, and Outdoor Mega Events, Responding Together at Work and in the Community Beyond The Blueprint For A Safer Economy, Page 8 of 18 High Transm ission—Encouraging COVI D-19 Vaccination and Booster Dose Coverage with Signifca nt Risk Reduction Measures Revised 1/5/2022
Exhibit 3 95
COUNTY OF LOS ANGELES DEPARTMENT OF PUBLIC HEALTH zwlil,�` COUNTY OF LOS ANGELES ORDER OF THE HEALTH OFFICER � 1, Public Health
k(
regardless of vaccination status, is a such a mandate in Los Angeles County, and overrides the more permissive ETS regarding employees masking. i. In establishments and settings with active outbreaks, quarantine and isolation may be extended for additional days by County Public Health outbreak investigators to help lower the risk of ongoing transmission at the site. ii. Healthcare personnel in any setting must comply with the State's Guidance on Quarantine for Health Care Personnel (HCP) Exposed to SARS-CoV-2 and Return to Work for HCP with COVID-19, as described in AFI..,21 08,6. ..........
All employers and businesses subject to Cal/OSHA must review and comply with the active Cal/OSHA COVID-19 Prevention Emergency Temporary Standards (ETS). As approved and effective, the full text of the COVID-19 Prevention emergency standards will be listed under I ifl .8 L_ tg � Subctl'� secflons 3205-3205.4, of the California Code of I LL _-
Regulations. All businesses or employers with independent contractors should also review the State Labor Commissioner's Office webpage entitled, "Inde ..conft,ra.c.to,r ver us=.e , el�o which discusses the "employment status" of persons hired as 11111111___._2 .... y---
independent contractors, to ensure correct application of the ETS. As soon as possible, but no later than January 17, 2022, employers are required to provide their employees, who work indoors and in close contact with other workers or the public, with and require them to wear a well -fitting medical grade mask, surgical mask or higher -level respirator, such as an N95 filtering facepiece respirator or KN95, at all times while indoors at the worksite or facility.
5. Mandatory Repoq[0_q_ by Businesses and Governmental Entities. Persons and businesses within the County of Los Angeles Public Health Jurisdiction must continue to follow the COVID-19 infection control protocols and guidance provided by the County Department of Public Health regarding isolation of persons confirmed or suspected to be infected with the virus that causes COVID-19 disease or quarantine of those exposed to and at risk of infection from COVID-19. In instances where the County has not provided a specific guidance or protocol, specific guidance or protocols established by the State Public Health Officer shall control.
a) In the event that an owner, manager, or operator of any business knows of three (3) or more cases of COVID-19 among their employees, assigned or contracted workers or volunteers within a span of 14 days, the employer must report this outbreak to the Department of Public Health at (888) 397-3993 or (213) 240-7821, or online at ww.i���edcaLl,,,,���iil(/cov�d�i�,�er,I !1.
- . ..w.......... . ..............
b) In the event that an owner, manager, or operator of any business is informed that one or more employees, assigned or contracted workers, or volunteers of the business has tested positive for, or has symptoms consistent with COVID-19 (case), the employer must have a protocol to require the case(s) to isolate themselves at home and require the immediate self -quarantine of all employees that had a workplace exposure to the case(s).
6 Some independent contractors are considered as employees under the State Labor Code. For more details, check the California Department of Industrial Relations�gq ygl�jMjs Pgygp webpage.
Responding Together at Work and in the Community Beyond The Blueprint For A Safer Economy, Page 9 of 18 High Transmission —Encouraging COVID-19 Vaccination and Booster Dose Coverage with Signifcant Risk Reduction Measures Revised 1/5/2022
Exhibit 3 96
COUNTY OF LOS ANGELES DEPARTMENT OF PUBLIC HEALTH LES
(�;w�s ANGE
Health
ORDER OF THE HEALTH OFFICER
6. LACDPH Best Practice Guidance. All individuals and Businesses are strongly urged to follow the LACDPH Best Practice Guidance, containing health and safety recommendations for COVI D- 19.
7. Considerations for Persons at her Risk for Nq0tive Health Outcomes: At this time, people at risk for severe illness or death from COVID-1 9—such as unvaccinated older adults and unvaccinated individuals with health risks —and members of their household, should defer participating in activities with other people outside their household where taking protective measures, including wearing face masks and social distancing, may not occur or will be difficult, especially indoors or in crowded spaces. For those who are not yet fully vaccinated, staying home or choosing outdoor activities as much as possible with physical distancing from other households whose vaccination status is unknown is the best way to prevent the risk of COVI D-1 9 transmission.
8. Encoura e Activities that Can Occur Outdoors. All Businesses and governmental entities are urged to consider moving operations or activities outdoors, where feasible and to the extent allowed by local law and permitting requirements, because there is generally less risk of COVID-19 transmission outdoors as opposed to indoors.
9. Ventilation Guidelines. All Businesses and governmental entities with indoor operations are urged to review the Ventilation Guidelines and implement ventilation strategies for indoor operations as feasible. See California Department of Public Health lritediiiri GLIWairice "Foiir �n'ti � ab o n,12t -.9!!d-,A1l'.QiJg1LtyJn Uridoor E�l Mroryngits for detailed information. Nothing . . . ..........
in this Order limits any ventilation requirements that apply to particular settings under federal, state, or local law.
10. . This Order incorporates by reference
the State Public Health Officer Order of July 26, 2021, which requires additional statewide facility -directed measure to protect particularly vulnerable populations. The Order is found here: Sty tEy Public I JeWth Offlce� Order isstjed JtL_2LL_221' ............. . . .. . ...... ............
11. Sectors that Continue to Re uire Additional Risk Reduction Measures. The following sectors serve persons and populations that have lower rates of vaccination, who are at higher risk of being infected, or who are not yet eligible to be vaccinated. As such, these sectors continue to require additional risk reduction measures and must operate subject to the following conditions listed below and those specified in the County sector -specific reopening protocol ) located iayJ r1J.sJndex I:Itmq
-.1 [.__ ... .......... ..... ......... .... a) ggy_gamps. Day camp owners and operators must implement and post the required Los Angeles County Department of Public Health Reopening Protocol for Day Camps, attached to this Order as Appendix K.
b) Schools K-112Land School Districts. All public and private schools (K-12) and school _
districts within the County of Los Angeles may open for in -person classes. Educational facilities serving students at any grade level must prepare, implement, and post the required Los Angeles County Department of Public Health Reopening Protocols for K- 12 Schools, attached to this Order as Appendix T1, and must follow the Protocol for Responding Together at Work and in the Community Beyond The Blueprint For A Safer Economy, Page 10 of 18 High Transmission —Encouraging COVID-19 Vaccination and Booster Dose Coverage with Signifcant Risk Reduction Measures Revised 1/5/2022
Exhibit 3 97
COUNTY OF LOS ANGELES DEPARTMENT OF PUBLIC HEALTH k(COUNTY oF Los ANrAus Public
ORDER OF THE HEALTH OFFICER
• Exposure Management ""Schools,,attached
Appendix
thresholdsc) Mega Events (Outdoor and Indoor). Beginning January 15, 2022, the attendance • -•, Events are lowered from 1,000 to 500 indoor attendees_ • from attendees.10,000 to 5,000 outdoor a Events include conventions, conferences, expos, sporting events, events
parades, water 1Yprivate
gatherings, marathons or endurance races, and car shows. Mega Events may have either assigned r- d seating, and may be either
ticketed and permitted events. considered higher risk for ' , 1;11� ip�
Responding Together at Work and in the Community Beyond The Blueprint For A Safer Economy, Page 11 of 18 High Transmission —Encouraging COVID-19 Vaccination and Booster Dose Coverage with Signifcant Risk Reduction Measures Revised 1/5/2022
Exhibit 3 98
COUNTY OF LOS ANGELES DEPARTMENT OF PUBLIC HEALTH
0 ANGELiS
ORDER OF THE HEALTH OFFICER Rellth
that all persons must wear a face mask while in attendance and the County Health Officer requirement that all attendees, ages 5 and older, either be fully vaccinated against COVID-19 or obtain a negative COVID-19 viral test prior to attending the event. Operators are required to cross-check proof of full vaccination or negative COVI D-1 9 viral test result against a photo identification for all attendees who are 18 years of age or older. Operators are to make face masks available for all attendees.
iii. Additional Recommendations for Both Outdoor and Indoor pSga Events: Mega Event operators are encouraged to follow these additional recommendations:
1. Assign staff to remind all guests to wear face masks while on the premises or location.
2. Encourage everyone to get vaccinated and receive a COVID-1 9 booster when eligible.
3. Facilitate increased ventilation of indoor spaces (i.e., open all windows and doors to increase natural air flow), following California Department of Public Health interil"n (3`l,jidance for Ventilat'
fjgg&,jin Indoor Env4pnryieints
............ . . .....
4. Encourage everyone to sign up for.QA.Noj�fy as an added layer of protection for themselves and the community to receive alerts when they have been in close contact with someone who tests positive for COVID-19.
5. Convey the risk of attending large, crowded events where the vaccine status of other attendees may be unknown to the individuals.
6. Convey the risk of attending large, crowded events for populations that may not currently be eligible for vaccination or may be immunocompromised and whose vaccine protection may be incomplete.
7. Encourage all venues along any parade or event route to provide outdoor spaces for eating/drinking/congregating to reduce the risk of transmission in indoor settings.
d) Overniqht Q..i"r anized / Children's QyMps. An organized camp is a site with program and facilities established for the primary purpose of providing an overnight outdoor group living experience for recreational or other purposes for five days or more during one or more seasons of the year. A Notice of Intent to Operate must be submitted by the Camp operator to the Environmental Health Division
. ........... gy prior
to operation. The owner or operator of an Overnight Organized/ Children's Camp must prepare, implement, and post the required Los Angeles County Public Health Protocols for Overnight Organized / Children's Camps, attached to this Order as Appendix K-1. e) Organized Youth Sports Activities. Organized youth sports include all school (TK-12 Grades) and community -sponsored programs and recreational or athletic activities and privately organized clubs and leagues. Organized Youth Sport Protocols do not apply to collegiate or professional sports. This Protocol provides direction on outdoor and indoor youth sports activities to support an environment that presents less risk for participants Responding Together at Work and in the Community Beyond The Blueprint For A Safer Economy, Page 12 of 18 High Transmission —Encouraging COVID-19 Vaccination and Booster Dose Coverage with Signifcant Risk Reduction Measures Revised 1/5/2022
Exhibit 3 99
COUNTY OF LOS
ANGELES
DEPARTMENT
iW,x,R 11L, PUBLIC
r,' ;a' HEALTH COUNTY
(Public smeant",
ORDER OF THE HEALTH OFFICER
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e
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Cl AIWEIII. A IOU ara on, sale, an service eer, w ne, or spirits. Minors a not allowed in a lounge.
Responding Together at Work and In the Community Beyond The Blueprint For A Safer Economy, Page 13 of High Transmission— Encouraging COVID-19 Vaccination and Booster Revised 1/5/2022
Exhibit 3 100
COUNTY OF LOS ANGELES DEPARTMENT OF PUBLIC HEALTH CouNFr F�Healths ANOELES
ORDER OF THE HEALTH OFFICER
likely when compared to indoors. Nightclubs and lounges must comply with the QLjidairlce .. ............
for i Proof of C0\1019 Vacckiafion and GL,fldarme for jjg E ( .......... - ....... .... . . ..... Y!EL _ L a
ILQ_qpjuve coyp-,ig 'rest attached to this Order. In addition, by November 4, 2021, all . ........ . . ................. 'rest
. — on -site employees must provide their employer with proof of full vaccination against COVID-19 (see footnote 5).
h) Restaurants. These indoor venues serve food or drink indoors and are required to maintain a valid public health permit to operate. Due to the increased risk of transmission at places where persons are indoors and unmasked, the County Health Officer strongly recommends that the operators of these venues reserve and prioritize indoor seating and service for patrons who are fully vaccinated against COVID-19. They should verify the full vaccination status of all patrons, 12 years of age or older, who will be seated indoors for food or beverage service. Patrons who cannot provide proof of full vaccination against COVID-19 should be, served in outdoor portions of the facility, where the risk of exposure to the virus that causes COVID-19 is less likely when compared to being indoors. See paragraphs 1 1.i.a through 1 1.i.c for further clarification. i) For clarity, individuals who do not provide proof of partial or full vaccination at bars, breweries, wineries, distilleries, nightclubs and lounges, may use the outdoor portions of the facility, but may not remain inside the facility except as solely provided in the subsections below:
a. The individual, who is wearing a well -fitted mask, may enter the indoor portion of the facility as part of their employment to make a delivery or pick-up, provide a service or repair to the facility, or for an emergency or regulatory purpose. b. The individual, who is wearing a well -fitted mask, may enter the indoor portion of the facility to get to the outdoor portion of the facility or to use the restroom. c. The individual, who is wearing a well -fitted mask, may enter the indoor portion of the facility to order, pick-up, or pay for food or drink "to go." j) Cardroorns. Cardroom operators may only allow indoor dining and/or drinking within designated areas of the facility only. Food and beverages may not be consumed outside of those areas or while patrons are playing or gaming within the facility. Patrons must wear masks indoors at all times while not actively eating or drinking in a designated indoor dining area.
REASONS FOR THE ORDER
12.This Order is based upon the following determinations: continued evidence of sustained and High community transmission of COVID-19 within the County; documented asymptomatic transmission; scientific evidence and best practices regarding the most effective approaches to slow the transmission of communicable diseases generally and COVID-19 specifically; evidence that millions of people in the County population continue to be at risk for infection with serious health complications, including hospitalizations and death from COVID-19, due to age, pre-existing health conditions, being unvaccinated or not eligible for vaccination, and the increasing presence of more infectious variants of the virus that causes COVID-19 and which have been shown to cause more severe disease being present in the County; preliminary evidence that suggests that fully vaccinated people who do become infected can spread the Responding Together at Work and in the Community Beyond The Blueprint For A Safer Economy, Page 14 of 18 High Transmission —Encouraging COVID-19 Vaccination and Booster Dose Coverage with Signifcant Risk Reduction Measures Revised 1/5/2022
Exhibit 3 101
COUNTY OF LOS ANGELES DEPARTMENT OF PUBLIC HEALTH ( Cow 21 w oF Los ANcmus Public Heafth
ORDER OF THE HEALTH OFFICER k
virus to others; and further evidence that other County residents, including younger and otherwise healthy people, are also at risk for serious negative health outcomes and for transmitting the virus to others, and emergence of the new Omicron variant. The Order's intent is to continue to reduce the risk of COVID-19 infection for all, especially those who are not or cannot be fully vaccinated against COVID-19 in the County.
13. Existing community transmission of COVID-19 in Los Angeles County remains High and continues to present a high risk of infection and harm to the health of those who are not or cannot be vaccinated against COVID-19. COVID-19 vaccinations are widely available to those 5 years and older. New variants of the virus that may spread more easily or cause more severe illness are increasingly present in our county and remain a risk for both those who are fully vaccinated as well as those who not vaccinated against COVID-19. As of, January 4, 2022, there have been at least 1,780,154 cases of COVID-19 and 27,671 deaths reported in Los Angeles County. Increased interactions during the Thanksgiving Holiday among members of the public have resulted in an increased number of daily new cases. As of December 28, 2021, the 7-day average daily case rate is now at 150.4 cases per 100,000 people, indicating High community transmission, in the absence of capacity limits and physical distancing requirements across sectors in both indoor and outdoor settings. Making the risk of community transmission worse, some individuals who contract the COVID-19 virus have no symptoms or have only mild symptoms, and so are unaware that they carry the virus and are transmitting it to others. Because even people without symptoms can transmit the virus, and because new evidence shows the infection is now more easily spread, universal indoor masking is a risk reduction measure that is proven to reduce the risk of transmitting the virus.
14. Epiderniologic evidence demonstrates that the rate of community transmission, hospitalizations and testing positivity rates have all significantly increased since November 26, 2021. Although nearly 16 million vaccine doses have been administered and nearly 6.9 million residents ages 5 and older are fully vaccinated against COVID-19 in Los Angeles County, COVID-19 infection remains a significant health hazard to all residents.
In line with the State Public Health Officer, the Health Officer will continue to monitor scientific evidence and epidemiological data within the County.
15. The Health Officer will continue monitoring epidemiological data to assess the impact of lifting restrictions and fully re -opening sectors. Those Indicators include, but are not limited to:
a) The number of new cases, hospitalizations, and deaths among residents in areas in the lowest Healthy Places Index (HPI) quartile and by race/ethnicity. b) The COVID-19 case rate.
c) The percentage of COVID-19 tests reported that are positive. d) The availability of COVID-19 vaccines and the percentage of eligible County residents vaccinated against COVID-19.
e) The number of fully vaccinated people who get sick, are hospitalized, or die from COVID-19.
Responding Together at Work and In the Community Beyond The Blueprint For A Safer Economy, Page 15 of 18 High Transmission —Encouraging COVID-19 Vaccination and Booster Dose Coverage with Signifcant Risk Reduction Measures Revised 1/5/2022
Exhibit 3 102
COUNTY OF LOS ANGELES DEPARTMENT OF PUBLIC HEALTH COUNTY Or L65 A NOEL$ ORDER OF THE HEALTH OFFICER ReBilh
f) The presence of Variants of Concern, such as, Delta and Omicron, and their impact on indicators (a) — (e).
ADDITIONAL TERMS
16.The County shall promptly provide copies of this Order by: (a) posting it on the Los Angeles Department of Public Health's website (b)
providing it to any member of the public requesting a copy, and (c) issuing a press release to publicize the Order throughout the County.
a) The owner, manager, or operator of any facility that is likely to be impacted by this Order is strongly encouraged to post a copy of this Order onsite and download, review and implement all applicable Best Practice Guidance.
b) Because guidance may change, the owner, manager, or operator of any facility that is subject to this Order is encouraged to consult the Los Angeles County Department of Public Health's website (rhj'cIhe6fthjacoun gL)y) daily to identify any modifications to this Order and the Best Practice Guidance and continue to implement these important and necessary infection control protocols.
17. If any subsection, sentence, clause, phrase, or word of this Order or any application of it to any person, structure, gathering, or circumstance is held to be invalid or unconstitutional by a decision of a court of competent jurisdiction, then such decision will not affect the validity of the remaining portions or applications of this Order.
18.This Order incorporates by reference, the March 4, 2020 Proclamation of a State of Emergency issued by Governor Gavin Newsom and the March 4, 2020 declarations of a local and public health emergency issued by the Los Angeles County Board of Supervisors and Los Angeles County Health Officer, respectively, and as they may be supplemented.
19. This Order may be revised in the future as the State Public Health Officer amends its guidance to reflect evolving public health conditions and recommendations issued by the federal CDC and other public health authorities. Should local COVID-19 conditions warrant, the Health Officer may, after consultation with the Board of Supervisors, issue orders that are more restrictive than the guidance and orders issued by the State Public Health Officer.
20.This Order is consistent with the provisions in the Governor's Executive Order N-60-20 and the State Public Health Officer's May 7, 2020 Order, that local health jurisdictions may implement or continue more restrictive public health measures in the jurisdiction if the local health officer believes conditions in that jurisdiction warrant them. Where a conflict exists between this Order and any state public health order related to controlling the spread of COVID-19 during this pandemic, the most restrictive provision controls. Consistent with California Health and Safety Code section 131080, except where the State Health Officer may issue an order expressly directed at this Order or a provision of this Order and based upon a finding that a provision of this Order constitutes a menace to the public health, any more restrictive measures in this Order may continue to apply and control in the County of Los Angeles Public Health Jurisdiction.
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Exhibit 3 103
COUNTY OF LOS ANGELES DEPARTMENT OF PUBLIC HEALTH COUNTY OF tos ANGELES
ORDER OF THE HEALTH OFFICER
21. Pursuant to Sections 26602 and 41601 of the California Government Code and Section 101029 of the California Health and Safety Code, the Health Officer requests that the Sheriff and all chiefs of police in all cities located in the Los Angeles County Public Health Jurisdiction ensure compliance with and enforcement of this Order. The violation of any provision of this Order constitutes an imminent threat and menace to public health, constitutes a public nuisance, and is punishable by fine, imprisonment or both.
22.This Order is issued pursuant to Health and Safety Code sections 101040, 120175, and 120295.
23.This Order shall become effective at 12:01am on Thursday, January 06, 2022 and will continue to be until it is revised, rescinded, superseded, or amended in writing by the Health Officer.
I
,,I If", e,
------ ........
Muntu Davis, M.D., M.P.H.
Health Officer,
County of Los Angeles
1/5/2022
Issue Date
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Exhibit 3 104
COUNTY OF LOS ANGELES DEPARTMENT OF PUBLIC HEALTH s ANGEL 5
ORDER OF THE HEALTH OFFICER
Public Neeith
Appendices At -A -Glance
Businesses and customers should continue reviewing best practice documents and sector -specific protocol for designated areas on a regular basis to ensure they are complying with the latest health protection and prevention measures.
All DPH protocol and best practice documents are available at:
Mp--,LPA)—r gv�rushridex.fttrn
....... . .. . . . . . .......
Appendix K:
Reopening Protocol for Day Camps [Revised 6/23/2021]
Appendix K-1:
Reopening Protocol for Overnight Organized/ Children's Camps [Revised 6/14/2021]
Appendix S:
Protocol for Organized Youth Sports [Revised 12/8/2021
Appendix T1:
Reopening Protocols for K-12 Schools [Revised 1/1/2022] Appendix T2:
Protocol for COVI D-1 9 Exposure Management Plan in K- 12 Schools [Revised 12/31/2021]
Responding Together at Work and in the Community Beyond The Blueprint For A Safer Economy, Page 18 of 18 High Transmission —Encouraging COVID-19 Vaccination and Booster Dose Coverage with Signifcant Risk Reduction Measures Revised 1/5/2022
Exhibit 3 105
,I CITY OF BELL GARDENS
OFFICE OF THE CITY MANAGER
AG E N DA RE P O RT
Item 7.
TO: Honorable Mayor and City Council Members
FROM: Michael O'Kelly, City Manager
BY: Jane Halstead, City Clerk
SUBJECT: CITY COUNCIL APPOINTMENT TO EXTERNAL COMMITTEES DATE: January 10, 2022
RECOMMENDATION:
It is staff's recommendation that the City Council make changes, reappointments, or appointments as necessary to the attached matrix of Council Appointments to External Regulatory and Advisory Boards, Commissions, and Committees.
BACKGROUND/DISCUSSION:
The City of Bell Gardens resides within a larger geo-political environment with a variety of complex issues and concerns. Council Members are typically appointed as representatives on various external boards, commissions, and committees who serve the larger geo-political region.
The Council typically makes revisions to the list (Exhibit 1) yearly following the annual Council reorganization. Exhibit 2 gives a brief description of what each board or committee does. The Council may also make appointment revisions to this list during the year as needs arise.
CONCLUSION:
By updating the Council Appointments to External Regulatory and Advisory Boards, Commissions and Committees Matrix, the City Council is assuring proper representation for the City of Bell Gardens in the larger geo-political region.
FISCAL IMPACT:
No fiscal impact.
I_Air_T41:I►' 14ki116-3
Exhibit 1 - External Committees Matrix
Exhibit 2 - External Committee Description
APPROVED ELECTRONICALLY BY:
Michael B. O'Kelly, City Manager
Stephanie Vasquez, Assistant CityAttorneyfor Rick R. Olivarez, City Attorney Manuel Carrillo, Director of Finance and Administrative Services 106
1'
2 3 ..
4 COUNCIL APPOINTMENTS TO EXTERNAL REGULATORY AND
ADVISORY BOARDS, COMMISSIONS AND COMMITTEES
California Contract Cities Marco Barcena
Association Mayor Automatic Alejandra Cortez Alejandra Hernandez Appointment
Eco-Rapid Transit Alejandra Cortez
6 Greater Los Angeles County Vector Pedro Aceituno
Control District (thru Jan, 2023)
7 HUB Cities Consortium Marco Barcena
8 Independent Cities Association Maria Pulido
Los Angeles County City Selection
Marco Barcena
10 Mayor Automatic
Committee
Appointment
Sanitation Districts of Los Angeles
Marco Barcena'
11 Mayor Automatic
County
Appointment
Southeast Area Animal Control
12 Authority (SEAACA)
Marco Barcena
Southeast Community Development
13 Jorge] Chavez
Corporation
Southern California Association of
14 Marco Barcena
Governments
Marco Barcena
NO ALTERNATE
NEEDED
Alejandra Cortez
Maria Pulido
Alejandra Cortez
Cristina Quintero
Michael Kodama
Kelly Middleton
Sam Olivito
Cathy Kyle
Jorgel Chavez Maggie Aguilar
Last Saved : 2021-Aug-24 10:OS:01
Exhibit 1 107
BELL GARDENS CITY COUNCIL
EXTERNAL COMMITTEE APPOINTMENTS
This list offers a brief description of each of the external committees and their regular meeting dates, times and locations
California Cities for Self -Reliance Joint Powers Authorit DELEGATE: AII...EJANDRA CORTIEZ ALTERNATE: MARCO II::IARCIENA Meetings: 3rd Wednesday of each month, 10:00 am
12616 Central Ave., Chino CA Ff1ltM "2I: 0 & AB1.234 FILING RUt:QUII'tlltD The Cities for Self Reliance Joint Powers Authority was formed in July 2001 by the Cities of Bell Gardens, Commerce, Gardena and Hawaiian Gardens. In July 2006, the existing Cities of the JPA admitted the Cities of Compton and Inglewood as Members of the JPA. The JPA's purpose is as follows: "To promote and protect the card club gaming economy of the State of California and of the Member Cities of this JPA" California Contract Cities Association
DELEGATE: MARCO II ARCENA (Mayor automatic appointment) ALTERNATE: ALIEJAI14DRA C R"I"'EZ Meetings: 3rd Wednesday of each month, 6:30 pm
17315 Studebaker Rd., Suite 210, Cerritos, CA 90703 AIII31.2341 IIi IIIL.IIIIlNG IREiQ1,Y1REiIID California Contract Cities Association (CCCA) is a collection of member cities united for a common cause. CCCA has grown from eight contracting or member cities to 67 member cities today with more than ten million residents. The general purpose of CCCA is to serve as a rallying point for cities contracting for municipal services so that we insure our constituents the best service at the minimum cost. Through municipal seminars, education, exchange of ideas and information, our association combines resources to influence policy decisions affecting our member cities.
California Joint Powers Insurance Autho
DELEGATE: MARCO I13ARCENA ALTERNATE: AII...EJAINIDRA C0RTE2 Meetings: 4`" Wednesday of each month, 6:30 pm
Annual Board of Directors Meeting 3rd Wednesday in July, 7:00 p.m. 8081 Moody St., La Palma, CA 90623
Cities have joined together to form the CJPIA for the purpose of providing liability protection for their members. The CJPIA is one of the largest municipal self-insurance pools in the state. The members take an active role in determining the programs and services that will be provided. A Board of Directors, consisting of one elected official appointed by each member City, governs the CJPIA.
Eco-Rapid Transit
DELEGATE: ALIEJANDRA CCIRTIF2 ALTERNATE: MARCO I:IARCENA Meetings: 2nd Wednesday of each month, 6:30 pm
16401 Paramount Blvd., Paramount, CA 90723 F°OII'11UA 700 A, AB1.234 FIIII...IN(i Ili1EQ,UII'tUtD Eco-Rapid Transit is a joint powers authority (JPA) created to pursue development of a transit system that is time - efficient, uses grade separation, and is environmentally friendly. The transit system is designed to enhance and increase transportation options for riders. Advanced yet safe transit technology is used to overall expand economic growth that maximizes ridership in Southern California.
Updated 1/4/2022
Exhibit 2
108
Gateway Cities Council of Governments
DELEGATE: JORGIFL CHA IFZ ALTERNATE:ALEJANIDRA COR"1"'IFZ Meetings: Board of Directors — I" Wednesday of each month 5:30 p.m. 1-710 Committee EIR/EIS Project Committee (5th Thursdays, 6:30 p.m.) 16401 Paramount Blvd., Paramount, CA 90723 IF'OI'fM 700 awrc'II..ING Palmf''i,UIIIV'IEIl'.
The Gateway COG consists of 27 cities in Southeast Los Angeles County and numerous unincorporated communities of the County. The County of Los Angeles and the Port of Long Beach are also member agencies. The core mission is improving the region's transportation, air quality, housing, and economic health.
Greater Los Angeles Countv Vector Control District
DELEGATE: PEIDIRO ACIfI;IITU1140 (through Jan. 2023) ALTERNATE: 1140 All„'rIFIRINATE 114EIElDIED Meetings: 2nd Thursday of each month, 7:30 p.m.
12545 Florence Ave., Santa Fe Springs, CA 90670 I OIIRM "200 & AIII'11234 1 111111..11111hlG IIREiQJIIIIREfill') A California governmental agency committed to promoting community health, comfort, and welfare through effective and responsive vector control. The staff of California -certified vector control professionals are experts in mosquito abatement operations, disease surveillance, and public health outreach. Protecting the health of the public in the 34 cities and areas of Los Angeles County served is our number one priority. We strive to accomplish our mission with care, courtesy, and professionalism.
Hub Cities Consortium
DELEGATE: IMARCO 113ARCENA ALTERNATE: All..EJANDRA COR1"'EZ Meetings: 3rd Thursday of each month, 5:15 pm
2677 Zoe Ave. 2nd Floor, Huntington Park, CA 90201 Ik't':NUVI 700 t4 A11312II14 1' 1111..114tI Ill2I°'f':j„UHtl°'I° Hub Cities Consortium's (HCC) mission is to develop a world -class workforce by providing universal access to information and resources for jobseekers, businesses, and the community at large. By serving as the access point to workforce systems, empowering jobseekers, and by working with the business community to meet their needs, the HCC will advance the economic wellbeing of the region.
Incleoenclent Cities Association
DELEGATE: 11 AIRIIA PLULIIIDO ALTERNATE: AILIFJAIMID1RA coils Z Meetings: 2"dThursday of each month, 7:00 pm
1049 Havenhurst Drive, #5 West Hollywood, CA 90046
Independent Cities Association is a nonprofit organization made up of 32 Southern California member cities focused on education, legislative advocacy, intergovernmental relationship and other major issues that exceed the boundaries of its member cities.
League of California Cities
DELEGATE: ALIFJANDRA COR"'LIFZ ALTERNATE: V' IARCO I13ARCENA Meetings: 15t Thursday of each month, 6:00 p.m. (Los Angeles County Division) Annual Conference
1400 "K" St., Suite 400, Sacramento, CA 95814 (Sacramento) P.O. Box 1444 Monrovia, CA 91017 (Los Angeles County Division) The League of California Cities is an association of California city officials who work together to enhance their knowledge and skills, exchange information, and combine resources so that they may influence policy decisions that affect cities. The Los Angeles County Division is the largest of 16 regional divisions of the League of California Cities and is comprised of 86 cities in Los Angeles County, from the smallest in population (City of Vernon) to the largest (City of Los Angeles) of the state's 480 cities.
Updated 1/4/2022 2
Exhibit 2 109
Los Angeles County City Selection Committee
DELEGATE: MARCO EARCENA (Mayor automatic appointment) ALTERNATE: MARIA PUILIDO Meetings: Meets three or four times a year
Metropolitan Water District, 700 N. Alameda Street, LA, CA 90012 Their duties are to appoint City representatives to such Boards, Commissions and Agencies as may be required by law, i.e., LAFCO, South Coast Air Quality Management District, Los Angeles County Metropolitan Transportation Authority, Los Angeles County Hazardous Waste Management Advisory Committee; and to nominate for appointment Members to the California Coastal Commission. Members of the LA County City Selection Committee includes the Mayor of each city within Los Angeles County. Each city appoints an elected official as a delegate to the City Selection Committee; it usually is the Mayor. The term of office for each Member of the LA County City Selection Committee coincides with City Mayor terms, and the Committee meets three or four times a year, at the call of the Chairman.
Sanitation Districts of Los Angeles Countv (District No. 2 DELEGATE: MARCO II:IARCENA (Mayor automatic appointment) ALTERNATE: J IRGIEll.. CIHA IEZ.
Meetings: 2"d & 4`" Wednesday of each month, 1:30 pm
1955 Workman Mill Rd., Whittier, CA 90607 i' f: RM 700 & AI"I`.1234 FILING RIIIm'f'.,i.UIIICRII'i°J The Sanitation Districts protect public health and the environment through innovative and cost-effective wastewater and solid waste management, and in doing so convert waste into resources such as reclaimed water, energy and recycled materials. To maximize efficiency and reduce costs, the 23 Districts work cooperatively under a Joint Administration Agreement with one administrative staff headquartered near the City of Whittier. Each Sanitation District has a Board of Directors consisting of the mayor of each city, and the Chair of the Board of Supervisors for unincorporated territory within the District. Each District pays its proportionate share of joint administrative costs.
Southeast Area Animal Control Authoritv (SEAACA
DELEGATE: MARCO II:IARCENA ALTERNATE: All..IEJAINIDRA C R"1"'IEZ Meetings: 3rd Thursday of each month, 2:00 p.m.
9777 SEAACA St., Downey, CA 90241 FORM 2(K) & AB1234 I'° ILING RIIImQUII'illlmD Founded in 1975, SEAACA is a municipal joint -powers agency serving 13 cities in Los Angeles County. SEAACA provides Animal Services to the cities of: Bell Gardens, Bellflower, Buena Park, Downey, Lakewood, La Palma, Montebello, Norwalk, Paramount, Pico Rivera, Santa Fe Springs, South El Monte, South Gate and Vernon. SEAACA's Shelter and Animal Wellness Clinic are open to all.
Southeast Communitv Develooment Corooration
DELEGATE: JOIRGIEL CIHAVIEZ ALTERNATE: MARCO II ARCEINA Meetings: Quarterly, no set meeting date/time
6423 E. Florence Place Suite 103, Bell Gardens, CA 90201 The Southeast Community Development Corporation (SCDC), a non-profit organization, was incorporated on May 4, 1994 and was conceived from the realization that serious social and economic problems existed in the Southeast's eight member cities. Elected officials from the cities of Bell, Bell Gardens, Commerce, Cudahy, Huntington Park, Maywood, South Gate and Vernon were brought together to address issues of economic development from a regional perspective. The SCDC was created on the belief that community problems must be solved by the community itself and is committed to utilizing resources within the community. With local funding sources the SCDC has continued to be a strong investment in the communities it serves.
Updated 1/4/2022
Exhibit 2
110
Southern California Association of Governments
DELEGATE: MARCO 113ARCENA ALTERNATE: J RGEIL CHAVIFZ
Meetings: Executive Board and subcommittee meetings are called as necessary. The General Assembly is held once a year on the first Thursday and Friday in May. 900 Wilshire Blvd., Ste. 1700, Los Angeles, CA 90017 1' II RM ZI° 0 1'° ii ING Ralm:(),UIIIC1ED SCAG is the nation's largest metropolitan planning organization, representing six counties, 189 cities and more than 19 million residents. SCAG undertakes a variety of planning and policy initiatives to encourage a more sustainable Southern California now and in the future. Under the guidance of the Regional Council and in collaboration with its partners, SCAG's mission is to facilitate a forum to develop and foster the realization of regional plans that improve the quality of life for Southern Californians.
Updated 1/4/2022 4
Exhibit 2 111