C. The municipal parking lot at Ford Park adjacent to the golf course in designated spaces with signs and or marking; parking only for conducting business at, or use at, Ford Park Gold Course during the posted hours of operation.
SECTION 4. The stopping, standing, or parking of a vehicle upon any of the streets or parts thereof in the areas of the City hereinafter designated shall be prohibited pursuant to Section 13.20.120 of the Bell Gardens Municipal Code on the days designated between the hours of 8:00 a.m. and 4:00 p.m., for street sweeping purposes, provided, however, that nothing contained herein shall be effective with respect to any commercial vehicle making pickups or deliveries of goods, wares or merchandise from or to any building or structure located on the restricted street or highway, or for the purpose of delivering materials to be used in the repair, alteration, remodeling, or reconstruction of any building or structure for which a building permit has previously been obtained.
A. Each Wednesday, between the hours of 8:00 a.m. and 4:00 p.m.:
All streets and highways and portions thereof, in that section of the City of Bell Gardens lying northerly of the centerline of Florence Avenue to the north City limits.
B. Each Thursday, between the hours of 8:00 a.m. and 4:00 p.m.:
All streets and highways and portions thereof, in that section of the City of Bell Gardens lying southerly of the centerline of Florence Avenue to the north City limits.
C. Each Friday, between the hours of 6:00 a.m. and 8:00 a.m.:
1. The east side of Eastern Avenue from north City limit to south City limit; (Reso2017-164/10/17)
D. Each Monday, between the hours of 6:00 a.m. and 8:00 a.m.:
1. The west side of Eastern Avenue from north City limit to south City limit; (Reso2017-164-10-17)
E. The following streets or portions thereof are excepted from the prohibitions contained in this Section 4:
1. Both sides of Florence Avenue;
2. Both sides of Eastern Avenue;
17 Exhibit 2 272
3. Both sides of Scout Avenue from Florence Avenue to the prolongation of the southerly curb of Live Oak Street;
4. The south side of Live Oak Street from the prolongation of the westerly curb of Scout Avenue to a point five hundred sixty (560) feet westerly thereof;
SECTION 5. The stopping, standing, or parking of a vehicle upon any of the following streets or parts thereof shall be prohibited or restricted at all times as set forth in Section 13.20.100 of the Bell Gardens Municipal Code, by means of painted curb markings:
A. Commercial loading and unloading (yellow curb)
1. The north side of Cecilia Street from a point twenty-five (25)feet west of the prolongation of the west curb line of Eastern Avenue, to a point one hundred two (102) feet westerly thereof;
2. The south side of Quinn Street from a point three hundred forty-five (345)feet west of the prolongation of the west curb line of Jaboneria Road to a point three hundred eighty-five (385) feet westerly thereof;
3. The west side of Ajax Avenue from a point two hundred (200) feet north of the prolongation of the north curb line of Florence Avenue to a point six hundred seventy-three (673) feet northerly thereof;
4. The south side of Scout Avenue from a point one hundred ninety(190) feet east of the prolongation of the east curb of Emil Avenue to a point two hundred fifty (250) feet easterly thereof;
5. The west side of Ira Street from a point one hundred fifty (150) feet north of the prolongation of the north curb line of Florence Avenue to a point two hundred fifty-five (255) feet northerly thereof;
6. The west side of Ira Avenue from a point sixty nine (69')feet south of the prolongation of the south curb of Gage Avenue to a pointy ninety one (91')feet southerly thereof to be in effect from 8:OOam to 6:OOpm except Saturdays, Sundays and Holidays; (Reso 2021-56 6228 Gage 6-28-21)
B. Passenger loading and unloading (white curb)
1. The south side of Suva Street from a point two hundred ninety-five (295) feet east of the prolongation of the east curb line of Emil Avenue to a point three hundred sixty (360) feet easterly thereof;
2. The south side of Scout Avenue from the prolongation of the west curb line of Gotham Street to a point ninety (90) feet easterly thereof;
3. The south side of Quinn Street from a point one hundred (100) feet west of the prolongation of the west curb line of Jaboneria Road to a point one hundred fifty-seven (157) feet westerly thereof;
18 Exhibit 2 273
4. The south side of Quinn Street from a point one hundred ninety(190) feet west of the prolongation of the west curb line of Jaboneria Road to a point three hundred forty-five (345) feet westerly thereof;
5. The south side of Quinn Street from a point three hundred eighty-five (385)feet west of the prolongation of the west curb line of Jaboneria Road to a point six hundred sixty (660) feet westerly thereof;
6. The west side of Eastern Avenue from a point eleven (11) feet south of the prolongation of the south curb line of Gotham Street to a point thirty-three (33) feet southerly thereof;
7. The east side of Eastern Avenue from a point four hundred thirty-five (435) feet north of the prolongation of the north curb of Lubec Street to a point four hundred sixty (460) feet northerly thereof;
8. The east side of Garfield Avenue from a point four hundred forty-six (446) feet north of the prolongation of the north curb line of Florence Place to a point four hundred sixty-six (466) feet northerly thereof;
9. The west side of Jaboneria Road from a point forty-three (43) feet north of the prolongation of the north curb line of Priory Street to a point seventy-five (75) feet northerly thereof;
10. The west side of Jaboneria Road from a point one hundred seventy- two (172)feet north of the prolongation of the north curb line of Live Oak Street to a point two hundred thirty-seven (237) feet northerly thereof;
11. The north side of Loveland Street from a point twenty-seven (27)feet east of the prolongation of the east curb line of Colmar Avenue to a point fifty-eight (58) feet easterly thereof;
12. The south side of Scout Avenue from a point twenty (20) feet east of the west property line of Ford Park Adult School, 7800 Scout Avenue to a point thirty (30) feet west of the east property line;
13. The north side of Watcher Street from a point eighty (80) feet east of the west curb of Jaboneria Road to a point two hundred eighty (280) feet easterly thereof;
14. The east side of Toler Avenue from a point one hundred ninety-one (191) feet north of the prolongation of the north curb line of Florence Place to a point five hundred seven (507) feet northerly thereof;
15. The north side of Live Oak Street from the prolongation of the east curb of Purdy Avenue to a point one hundred fifty (150) feet westerly thereof; 19 Exhibit 2 274
16. Request for white curb (10-minute parking) at 7425 Garfield Avenue (Garfield Elementary School)from a point 375' north of the northern prolongation of Florence Avenue to a point 850' northerly; thereof. **
17. Request for white curb (passenger loading) at 7104 Perry Road. (Rio- Hondo Boys & Girls Club.) **
18. The east side of Ira Avenue from a point one hundred ninety-two (192) feet south of the southern prolongation of Gage Avenue to a point two hundred thirty eight (238) feet southerly thereof; (11/26/07)
19. The east side of Ira Avenue from a point two hundred sixty two (262) feet south of the southern prolongation of Gage Avenue to a point two hundred eighty (280) feet southerly thereof; (11/26/07)
20. The north side of Cecilia Street from a point one hundred and fifty four (154) feet west of the western prolongation of the Jaboneria Road to a point one hundred seventy seven (177) feet westerly thereof, (At all times 07/09/08)
21. The south side of Florence Place from a point two hundred eighty eight 288' feet east of the east prolongation of Perry Road to a point 313' feet easterly thereof, (Monday through Friday 7amto 6pm 6628 Florence PI Reso 2011-0402/14/11)
22. The north side of Gallant Street from a point four hundred and eighty eight (488) feet east of the eastern prolongation of Jaboneria Road, to a point five hundred and eight (508) feet easterly thereof, (without period designations,at all times Reso 2011-15 04/25/11)
23. On the north side of Agra Street from a point three hundred and sixty-three (363') feet west of the prolongation of the west curb line of Jaboneria Road to a point five hundred and twenty-three (523') feet westerly thereof; (Reso 2015-56 8/25/15)
24. The west side of Eastern Avenue from a point one hundred and seventy seven (177')feet south of the prolongation of the south curb line of Loveland Street to a point two hundred seven (207') feet southerly thereof, (Reso.2016-17 4/25/16)
25. The north side of Florence Place from a point six hundred forty (640') feet east of the eastern prolongation of Emil Avenue to a point eight hundred forty (840') feet easterly thereof, (Reso 2016-27 7/25/16)
26. The north side of Live Oak Street from a point one hundred twenty nine (129') feet west of the ending curb radius of Purdy Avenue to a point two hundred twenty nine (229') feet westerly thereof; (Reso. 2017-5612-11-17)
C. Twenty Minute Zone (green curb)
1 The sei Ith side of Suva Street frem a Peint fey it hi pd-Fed tWenty (/12Q feet east of the nrelennatien of the east ni irh line te:)f Emil iee. to a neint fey it hi pdred seVenty fide (475) feet easterly theref, (Removed by Reso 2020-101 12/14/20) Exhibit 2 395
2. The south side of Clara Street from a point fifty-five (55) feet west of the prolongation of the west curb line of Ram ish Avenue to a point eighty (80) feet westerly thereof;
3. The north side of Clara Street from a point eighty-five (85)feet west of the prolongation of the west curb line of Perry Road to a point one hundred forty (140) feet westerly thereof;
4 The e_St Sidle of Cmil Ave.pue frnm a PniPt f96 14eeP (1 4) foot Sei nth of the Pr ggatiGR of the Sni ith ni irh lino of Suva Ctreet to o PniPt forty (40) feet se itherly thoronf; (Removed by Reso 2020-101 12/14/20)
5. The east side of Ajax Avenue from a point sixty-nine (69)feet north of the prolongation of the north curb line of Florence Avenue to a point ninety-eight (98) feet northerly thereof;
6. The west side of Ajax Avenue from a point eighty-seven (87)feet north of the prolongation of the north curb line of Florence Avenue to a point one hundred fifty-seven (157) feet northerly thereof;
7 The Sidle of Cgotorn Ave.pue from a PniPt Siv hi IAdlredl (6 QQ)foot ?oni ith of. the PrnlnngotinP of the Sni ith ni irh lino ��4elon eet to o PniR S X hi-Adlredl SixteeP (616) foot oni itheFly thoronf� (Removed by Reso 2020-101 12/14/20)
8. The see ith Sidle of DriteFy Street frnm a PniPt one fifty (15Q) foot �niect of the nrnlnngotinn of the lino of Goctorn to o PniPt tnin h,,Adlredl fide (205) foot westerly thoronf; (Removed by Reso 2020-101 12/14/20) 9 The e-ASt Sidle nf�erP /��i a+�on the r�ninto oiv h1 inrlror! rrt�caar�� ��rr�-cP , �r�r-r�cn-rarccr tWenty five (625)feet and Six hundred sixty five (665)feet Perth of the nrnlnngotinn of the north ni irh of Clgrenne AAAP_Rl ie' (Removed by Reso 2020-101 12/14/20)
10. The south side of Gage Avenue from a point two hundred five (205) feet west of the prolongation of the west curb of Emil Avenue to a point two hundred fifty-six (256) feet westerly thereof;
11. The west side of Garfield Avenue from a point one hundred (100)feet south of the prolongation of the south curb at Cecilia Street to a point one hundred sixty (160) feet southerly thereof;
12 Thp- Sidle of DemiSh P Pi ie from a PniPt SeVePt y fide (75) feet Snvi ith of the nrnlnngotinn of the Sni ith ni irh of (Toro Street to o Point nee hi indlredl a
ten (1 1 Q) fee+ Sgi i+herhi thereof- (Removed by Reso 2020-101 12/14/20)
13. The e-ASt Sidle of Garfield! AAAeel ie from a PniPt eight (8) fee+ Sei ith of the PrnlnngotiGR of the Sni ith ni irh line gf Cenilio Street to o PniPt Si t y /Cy (60)f Snl 1theFly thereof; (Removed by Reso 2020-101 12/14/20)
14. The west side of Garfield Avenue from a point seventy-five (75) feet north of the prolongation of the north curb of Fostoria Street to a point ninety (90) feet northerly thereof;
21 Exhibit 2 276
15. The north side of Florence Place from a point forty (40) feet west of the prolongation of the west curb of Granger Street to a point sixty-five (65) feet westerly thereof;
16. The west side of Eastern Avenue from a point sixty-one (61)feet south of the prolongation of the south curb of Watcher Street to a point one hundred sixty- two (162) feet southerly thereof;
17. The north side of Clara Street from a point two hundred five (205)feet west of the prolongation of the west curb of Ira Avenue to a point four hundred (400) feet westerly thereof;
18. The north side of Florence Avenue from a point one hundred (100) feet east of the prolongation of the east curb of Live Oak Street to a point one hundred twenty (120) feet easterly thereof;
19. The north side of Florence Avenue from a point one hundred sixty (160) feet east of the prolongation of the east curb of Live Oak Avenue to a point one hundred ninety (190) feet easterly thereof;
The nArth side ref Gene Aypp,ie frr)m a PGint tWA hi'Arbor! ninety(299.) Tfecet �NPeRt of the nrnlnnnotinn of the VP-St ni irh of D-AP.MP-111 4V_e'R ,e tn a nnint throo hi inrlror! bNent y (' 29) foot �nmoter1y thereof;
21. The west side of Garfield Avenue from a point sixty one (61)feet south of the southern prolongation of Muller Street to a point one hundred one (101)feet southerly thereof;
22. Request for green curb (20-minute parking) at 8045 Garfield Avenue(Garfield Market). **
23.The north side of Clara Street from a point three hundred twenty three (323) feet east of the easterly prolongation of Gephart Street to a point three hundred thirty nine feet easterly thereof; (08/28/06) 24 Th�c NPPRt�p^fvf FEascerrn A�.4p-ni io from a point fide hundred twe (59 M Tfec�ei 1th ref the oni 1ttrhT ri tieen ff (�I�r� Ctre t in PGint fide hh,in rer! thirty nine (539) foot cni 1therhi thereof; (Removed by Reso 2020-101 12/14/20)
25. The south side of Clara Street from a point three hundred and thirty five (335') east of the eastern prolongation of Garfield Avenue to a point thirty six (36') easterly thereof; 6334 Clara Street(06/14/10)
26.On the left side of Lubec Street from a point twenty five (25) feet east of the eastern prolongation of Jaboneria Road, to a point fourty five (45)feet easterly thereof, (Reso 2011-49 11/28/11)
27.The east side of Eastern Avenue from a point two hundred eighty two (282') feet north of the prolongation of the north curb of Jaboneria Road to a point three hundred thirty two (332') feet northerly thereof to be in effect from 9:00am to 6:OOpm except on Saturdays, Sundays and Holidays; (Reso 2021-57 7908 Eastern 6-28-21)
22 Exhibit 2 277
D. Twenty Minute Zone 7.00 a.m. - 6.00 p.m. (green curb) E. Handicapped Parking (blue curb)
1. The south side of Agra Street adjacent to the premises at 6248 Agra Street approximately thirty (30) feet; removed by Reso 8- 1 10-13-08
2. The north side of Muller Street from a point two hundred eighty-eight (288) feet west of the west prolongation of Garfield Avenue, to a point three hundred eight (308) feet westerly thereof; ir°eim oved Irby IReso, 2018-1 8 2-26-18
3. The west side of Perry Road from a point four hundred and forty one (441) feet from the prolongation of the north curb line of Florence Place to a point four hundred fifty six (456)feet northerly thereof. removed by Reso 8- 1 10-13-08
4. The west side of Darwell Avenue from a point sixty eight(68)feet from the prolongation of the north curb line of Lubec Street to a point eighty eight (88) feet northerly thereof; removed by Reso 8- 1 10-13-08
5. The west side of Purdy Street from a point fifty-five feet (55') south of the prolongation of the south curb line of Live Oak Street to a point seventy- five feet (75') southerly thereof, ir°eim oved Irby IReso, 2018-1 8 2-26-18
6. The north side of Gallant Street (5953 Gallant Street) from a point (488)feet east of the prolongation of the east curb line of Jaboneria Road to a point (508) feet easterly thereof. Removed by Reso 20 1-15 04-25-11
7. The north side of Priory Street from a point 788' east of the eastern prolongation of Jaboneria Road, to a point 803' easterly thereof.
8. The north side of Lanto Street from a point twenty(20)feet east of the east prolongation of Jaboneria Road to a point 36 feet easterly thereof (6201 Lanto). ir°eim oved Irby IReso, 201 8-1 8 2..26-18
9. The south side of Agra Street from a point 378' feet of the west prolongation of Jaboneria Road to a point 415' feet westerly thereof(6122 Agra St) Reso 2010-04
10. On the north side of Loveland Street from a point thirty eight (38) east of the eastern prolongation of Ajax Avenue, to a point fifty eight (58) feet easterly thereof; ir°eim oved Irby IReso, 201 8-1 8 2..26-18
11. On the south side of Lanto Street from a point twenty-six (26') feet from the easterly prolongation of El Selinda Avenue to a point forty-six (46') feet easterly thereof (5900 Lanto St); (Reso 2014-25 6/23/14)
12. On the south side of Gotham Street from a point seventy-one (71')feet west of the western prolongation of Ira Avenue to a point ninty-one (91') feet westerly thereof (6142 Gotham St); (Reso 2016-27 7/25/16)
13. The south side of Fostoria Street from a point four hundred thirty(430')feet east of the east prolongation of Eastern Avenue to a point four hundred fify (450') feet easterly thereof (5844 Fostoria St); (Reso.2017-57 12-11-17) 23 Exhibit 2 278
14. The east side of Ajax Avenue from a point five hundred sixty(560')feet north of the prolongation of the north curb line Lubec Street to a point five hundred eighty (580') feet northerly thereof; (Reso 2021-64 07/26/21)
F. Twenty Minute Zone 9:00 a.m. - 6:00 a.m. (green curb)
1. The north side of Florence Avenue from a point forty-two (42)feet east of the prolongation of the east curb line of Live Oak Street to a point eight-five (85) feet easterly thereof;
SECTION 6. The stopping, standing, or parking of a vehicle operated by a government official displaying an official placard issued by the City of Bell Gardens Public Works Department shall be exempted from normally legal parking spaces while on official government business.
SECTION 7. The City Council finds, pursuant to Section 13.20.800 of the Bell Gardens Municipal Code, that the volume of traffic and other conditions at the following locations are such that the enforcement of the provisions of the Bell Gardens Municipal Code prohibiting or restricting parking by the imposition of the criminal penalties is not sufficient to prevent the illegal parking of vehicles, and authorizes the towing of illegally parked vehicles in the following zones:
A. Any areas designated in Sections 1 and 4 hereof as zones in which the stopping, standing or parking of vehicles at all or any times is prohibited.
SECTION 8. Resolution No. 2011-50 is hereby repealed.
SECTION 9. The City Clerk shall certify to the adoption of this Resolution.
PASSED, APPROVED, and ADOPTED this 28t" day of November, 2011.
APPROVED AS TO FORM:
CITY ATTORNEY MAYOR
ATTEST:
CITY CLERK
24 Exhibit 2 279
The proposed location for the blue curb is near the Gate Number 2 school entrance shown in Figure 1 and Figure 2.
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, iiiuistslllllld Ioadh'ig vx ie. o.
Ill in sta l l a 2& �oot Ib II tw( i i
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1 r c(CA)
Figure 1 — Street View of Bell Gardens Elementary School Gate Number 2 r
u '1
Figure 2 — Street View of Quinn Street East of Gate Number 2 Exhibit 3 280
CITY OF BELL GARDENS
ii rrrrrr, ' OFFICE OF THE CITY MANAGER
AGENDA REPORT
Item 11.
...................................................................................................................................................................................................................................................................................................................................................................................................................................................................................................................................
TO: Honorable Mayor and City Council Members
FROM: Michael B. O'Kelly, City Manager
BY: Grissel Chavez, Director of Public Works
Douglas Benash, P.E. City Engineer
SUBJECT: ADOPT A RESOLUTION AUTHORIZING PARKING RESTRICTIONS AND THE INSTALLATION OF TWENTY-MINUTE GREEN CURB AT 8056
GARFIELD AVENUE
DATE: June 13, 2022
RECOMMENDATION:
It is staff's recommendation that the City Council by motion:
1) Adopt the attached Parking Resolution authorizing parking restriction in the City of Bell Gardens; and
2)Authorize the installation of 24 feet of green curb, Twenty Minute Zone parking at 8056 Garfield Avenue with appropriate signage and markings.
BACKGROUND/DISCUSSION:
The Department of Public Works received a request from the business owner of POGAME Barbershop, located at 8056 Garfield Avenue, requesting the installation of a green curb in front of the business. The business owner reported that cars often park on Garfield Avenue for more than twelve (12) hours at a time, making it difficult for the barbershop product suppliers to unload their merchandise and for customers to find a place to park. The property owner confirmed support of the request.
The City Traffic Engineer reviewed the location to identify any existing issues that would be reason to approve or deny the request for a parking space to be marked with green curb markings as a 20-minute parking zone. Due to the high parking demand and large traffic volumes on Garfield Avenue, the Traffic Engineer has determined there is a need for a green zone parking space at 8056 Garfield Avenue. It is recommended that curb markings for the new parking zone be in effect from 8:00 am until 6:00 pm (except for Sundays and Holidays) with a 20-minute time limit (Note City Council approval is needed beyond 20 minutes). The Bell Gardens Municipal Code does not have defined time limits for yellow and green curb markings. Having the green zone parking time restriction end at 6 p.m. will allow both business patrons and residents returning home from work to use all available street parking space.
Parking regulations and curb markings in Bell Gardens are guided by the California Manual of Uniform Traffic Control Devices (CAMUTCD), the California Vehicle Code (CVC) as well as the City of Bell Gardens Municipal Code.
281
Bell Gardens Municipal Code:
Twenty-Minute Parking. A green curb, or a sign designating an area as a 20-minute parking area, shall mean no stopping, standing, or parking, whether the vehicle is attended or unattended, at any time, or at such time as the City Council may designate, for a period more than 20 minutes.
Due to the high parking demand on Garfield Avenue, the provision ofa green curb A feet in lengtq minimum) with appropriateR signage is appropriate to accommodate the customers and businesses visiting this barbershop.
The Traffic and Safety Commission approved this for City Council consideration on May 3, 2022.
CONCLUSION:
Due to the high parking demand on Garfield Avenue, the provision ofa green curb Z feet in lengtq minimum) with appropriateR signage is appropriate to accommodate the customers and businesses visiting this barbershop.
FISCAL IMPACT:
The approximate cost for the installation of green curb is $250 and is available in the FY 21-22 Street Maintenance budget.
ATTACHMENTS:
Exhibit 1 - Resolution No. 2022-50
Exhibit 2 - Master Parking Resolution
Exhibit 3 - Location
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 282
RESOLUTION NO. 2022-50
A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF BELL GARDENS, CALIFORNIA, AMENDING RESOLUTION NO. 2005-15 SECTION 5C ESTABLISHING PARKING RESTRICTIONS IN THE CITY OF BELL GARDENS IN ACCORDANCE WITH CHAPTER 13.20 (PARKING) OF THE BELL GARDENS MUNICIPAL CODE
WHEREAS, the City Council desires by this Resolution to amend Section 5C of Resolution No. 2005-15 to add green curb `twenty minute zone' area; and WHEREAS, the City Council desires to add Item Number 28 to Section 5C.
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. Resolution No. 2005-15 is hereby amended as to Section 5C of said resolution to add green curb `twenty minute zone' area as follows:
Section 5C:
28. On the east side of Garfield Avenue from a point one hundred twenty-three (123) feet north of the northerly prolongation of Buell Street to a point one hundred fort- seven (147) feet northerly thereof.
SECTION 3. In all other respects, Resolution No. 2005-15 is hereby reaffirmed and ratified, except as modified in Section 5. above of this Resolution.
SECTION 4. The City Council hereby approves the amendment to the City's master parking list and directs City staff to amend the City's master parking list by adding Twenty Minute Zone (green curb) area described in the preceding paragraph.
SECTION 5. 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.
[Signatures on Next Page]
Exhibit 1 283
Resolution No. 2022-50
PASSED, APPROVED, and ADOPTED this 13t" day of June, 2022.
THE CITY OF BELL GARDENS
Maria Pulido, Mayor
APPROVED AS TO FORM: ATTEST:
Rick Olivarez Jane Halstead
City Attorney City Clerk
2 of 2
Exhibit 1 284
PARKING RESOLUTION
Updated: 3-14-22
A RESOLUTION OF THE CITY COUNCIL OF
THE CITY OF BELL GARDENS ESTABLISHING
PARKING RESTRICTIONS IN THE CITY OF
BELL GARDENS.
WHEREAS, the City Council desires to amend Resolution 2005-15 to add Item Number 14 of Section 5E.
NOW, THEREFORE, THE CITY COUNCIL OF THE CITY OF BELL GARDENS FINDS, DETERMINES, AND RESOLVES AS FOLLOWS:
SECTION 1. The stopping, standing, or parking of a vehicle upon any of the following streets or parts thereof shall be prohibited, pursuant to Section 13.20.120 of the Bell Gardens Municipal Code, at all times or during such other hours as are set forth herein:
A. At all times.
1. The north side of Gage Avenue from a point eight hundred fifty-five (855)feet east of the prolongation of the east curb of Garfield Avenue to a point two hundred (200) feet west of the prolongation of the west curb of Darwell Avenue;
2. The south side of Gage Avenue from a point five hundred seventy-five (575) feet west of the prolongation of the east curb of Garfield Avenue to the prolongation of the east curb of Ira Avenue;
3. On the north and south sides of Gage Avenue from Specht Avenue to Eastern Avenue;
4. On the north and south sides of Gage Avenue from the prolongation of the easterly curb of Eastern Avenue to a point two hundred (200) feet easterly thereof;
5. On the north and south sides of Gage Avenue from a point two hundred (200) feet west of the prolongation of the westerly curb of Colmar Avenue to a point two hundred (200) feet east of the prolongation of the easterly curb of Colmar Avenue;
6. On the north and south sides of Gage Avenue from a point two hundred (200)feet west of the prolongation of the westerly curb of Jaboneria Road to a point two hundred (200) feet east of the prolongation of the easterly curb of Jaboneria Road;
7. The east side of Darwell Avenue from the prolongation of the northerly curb of Florence Avenue to a point six hundred twenty (620) feet north of the prolongation of the northerly curb of Loveland Avenue;
1 Exhibit 2 285
8. The west side of Marlow Avenue from the driveway at 5560 Ludell Street to a point two hundred fifty (250) feet northerly thereof;
9. The north side of Florence Avenue from the prolongation of the east curb line of Ira Avenue to a point two hundred thirty-five (235) feet east of the prolongation of the east curb line of Toler Avenue;
10. The north side of Shull from the prolongation of the easterly curb of Garfield Avenue to a point one hundred sixty-five (165) feet easterly thereof;
11. The south side of Suva Street between Loveland Street and Emil Avenue;
12. The west side of Bell Gardens Avenue from the prolongation of the southerly curb of Quinn Street to a point six hundred (600) feet north of the prolongation of the northerly curb of Gotham Street;
13. The south side of Gage Avenue from a point two hundred fifty (250) feet west of the prolongation of the westerly curb of Chalet Drive to a point two hundred seventy (270) feet east of the prolongation of the easterly curb of Chalet Drive;
14. The south side of Clara Street between the west City limits and the south Clara Street service road;
15. The north side of Clara Street from the west City limits to the north Clara Street service road;
16. The north and south side of Loveland Street from the prolongation of the west curb on Garfield Avenue to a point two hundred fifteen (215)feet westerly thereof;
17. The south side of Florence Avenue from the prolongation of the west curb of Priam Drive to a point sixty-three (63) feet westerly thereof;
18. The north side of Gage Avenue from two hundred seventy (270)feet west of the prolongation of the west curb line of Emil Avenue to a point nine hundred sixty (960) feet westerly thereof;
19. The red curb would begin on the north side of Agra Street from a point four hundred (400) feet west of the prolongation of the west curb line of Jaboneria Road to a point four hundred fifty (450) feet westerly thereof;
20. The south side of Gage Avenue from a point four hundred (400) feet east of the prolongation of the east curb of Perry Road to a point four hundred sixty (460) feet easterly thereof;
21. The south side of Quinn Street from the prolongation of the west curb of Jaboneria Road to a point one hundred (100) feet westerly thereof; 2 Exhibit 2 286
22. The north and south sides of Gage Avenue from the west City limits to the service roads;
23. The east and west sides of Scout Avenue from the prolongation of the north curb of Florence Avenue to a point two hundred fifty (250) feet northerly thereof;
24. The north side of Florence Avenue from a point three hundred (300) feet west of the prolongation of the west curb line of Scout Avenue to the east City limits;
25. The west side of Jaboneria Road from the prolongation of the north curb of Gage Avenue to a point two hundred (200) feet northerly thereof;
26. The east side of Jaboneria Road from the prolongation of the north curb of Gage Avenue to a point fifty (50) feet northerly thereof;
27. The east and west sides of Jaboneria Road from the prolongation of the south curb of Gage Avenue to a point two hundred (200)feet southerly thereof;
28. The east side of Eastern Avenue from the prolongation of the north curb line of Florence Avenue to a point five hundred forty-five (545) feet northerly thereof;
29. The east side of Eastern Avenue from the prolongation of the south curb line of Florence Avenue to a point two hundred (200) feet southerly thereof;
30. The north side of Florence Avenue from the prolongation of the east curb line of Eastern Avenue to a point one hundred ninety-five (195)feet east of the prolongation of the east curb line of Ajax Avenue;
31. The north and south sides of Florence Avenue from the prolongation of the west curb line of Eastern Avenue to the west City limits;
32. The north side of Suva Street from a point six hundred ninety-four (694) feet east of the prolongation of the east curb line of Emil Avenue to a point seven hundred six (706) feet easterly thereof;
33. The west side of Ira Avenue from the prolongation of the southerly curb line of Clara Street to the westerly curb line of Garfield Avenue;
34. The east side of Eastern Avenue from the prolongation of the northerly curb line of Watcher Street to the northerly City limits;
35. The south side of Florence Avenue from the prolongation of the east curb line of Eastern Avenue to a point one hundred seven (107) feet east of the prolongation of the east curb line of El Selinda Avenue;
36. The north side of Agra Street from a point four hundred (400)feet west of the prolongation of the west curb line of Jaboneria Road to a point six hundred (600) feet westerly thereof;
3 Exhibit 2 287
37. The east side of Garfield Avenue from a point one hundred ninety (190) feet south of the prolongation of the south curb of Cecilia Avenue to a point two hundred ten (210) feet southerly thereof;
38. The north side of Clara Street from a point 175' west of the western prolongation of Kress Street to a point 200' westerly thereof.
39. The south side of Suva Street from a point six hundred fifty-five (655) feet east of the prolongation of the east curb line of Emil Avenue to a point seven hundred thirty-five (735) feet easterly thereof;
40. The west side of Garfield Avenue from the prolongation of the easterly curb line of Eastern Avenue to a point one hundred twenty (120) feet northerly thereof;
41. The south side of Clara Street from a point one hundred seventy-two (172)feet east of the prolongation of the easterly curb of Garfield Avenue to a point three hundred twenty (320) feet easterly thereof;
42. The south side of Florence Avenue from a point one hundred seventy (170)feet west of the prolongation of the west curb line of Jaboneria Road to a point seventy (70) feet east of the prolongation of the east curb line of Jaboneria Road;
43. The south side of Florence Avenue from a point fifty (50) feet east of the prolongation of the east curb line of Ira Avenue to a point forty (40) feet west of the prolongation of the west curb line of Ira Avenue;
44. The south side of Florence Avenue from a point two hundred sixty-five (265)feet east of the prolongation of the east curb line of Ira Avenue to a point three hundred ninety (390) feet easterly thereof;
45. The south side of Florence Avenue from a point two hundred ten (210) feet west of the prolongation of the west curb line of Toler Avenue to a point seventy-five (75)feet east of the prolongation of the east curb line of Toler Avenue;
46. The south side of Florence Avenue from a point one hundred forty-five (145) feet west of the prolongation of the west curb line of Garfield Avenue to a point three hundred thirty-five (335) feet east of the prolongation of the east curb line of Garfield Avenue;
47. The south side of Florence Avenue from a point one hundred thirty (130) feet west of the prolongation of the west curb line of Perry Road to a point forty (40) feet east of the prolongation of the east curb line of Perry Road;
48. The south side of Florence Avenue from a point sixty-five (65) feet west of the prolongation of the west curb line of Kress Avenue to a point seventy (70) feet east of the prolongation of the east curb line of Kress Avenue;
49. The south side of Florence Avenue from a point one hundred twenty- five (125) feet west of the prolongation of the west curb line of Emil Avenue to a 4 Exhibit 2 288
point one hundred sixty-three (163) feet east of the prolongation of the east curb line of Emil Avenue;
50. The north side of Florence Avenue from a point sixty-two (62) feet west of the prolongation of the west curb line of El Selinda Avenue to a point one hundred thirty (130) feet east of the prolongation of the east curb line of El Selinda Avenue;
51. The north side of Florence Avenue from a point one hundred sixty-five (165)feet west of the prolongation of the west curb line of Jaboneria Road to a point seventy (70) feet east of the prolongation of the east curb line of Jaboneria Road;
52. The north side of Florence Avenue from the prolongation of the west curb line of Ira Avenue to a point sixty-five (65) feet westerly thereof;
53. The west side of Eastern Avenue from the prolongation of the south curb line of Lubec Street to the prolongation of the north curb line of Priory Street;
54. The north side of Florence Avenue from the prolongation of the east curb line of Granger Avenue to a point sixty-five (65) feet easterly thereof;
55. The north side of Florence Avenue from a point sixty-three (63) feet west of the prolongation of the west curb line of Perry Road to a point one hundred fifty (150) feet east of the prolongation of the east curb line of Perry Road;
56. The north side of Florence Avenue from a point fifty-seven (57) feet west of the prolongation of the west curb line of Emil Avenue to a point one hundred ninety-five (195) feet east of the prolongation of the east curb line of Emil Avenue;
57. The north side of Florence Place from a point two hundred thirty(230) feet west of the prolongation of the west curb line of Toler Avenue to a point fifty-five (55) feet east of the prolongation of the east curb line of Toler Avenue;
58. The east side of Eastern Avenue from the prolongation of the south curb line of Fry Street to the prolongation of the north curb line of Live Oak Street;
59. The north side of Live Oak Street from the prolongation of the east curb line of Eastern Avenue to a point one hundred fifty (150) feet easterly thereof;
60. The north side of Fry Street from the prolongation of the east curb line of Eastern Avenue easterly to the school property;
61. The north side of Priory Street from the prolongation of the west curb line of Eastern Avenue westerly to the west City limits;
62. The south side of Priory Street from the prolongation of the west curb line of Eastern Avenue to a point one hundred fifty (150) feet westerly thereof;
63. The west side of Darwell Avenue from the prolongation of the south curb line of Gage Avenue to a point one hundred eighty (180)feet southerly thereof; 5 Exhibit 2 289
64. The south side of Scout Avenue from a point thirty (30) feet west of the west property line of 7800 Scout Avenue easterly to a point fifty (50) feet;
65. The south side of Scout Avenue from the east property line of 7800 Scout Avenue westerly to a point thirty (30) feet;
66. The north side of Florence Place from the prolongation of the east curb of Garfield Avenue to a point two hundred thirty (230) feet easterly thereof;
67. The south side of Lubec Street from the prolongation of the west curb of Eastern Avenue to a point one hundred ninety-five (195) feet east of the prolongation of the east curb of Marlow Avenue;
68. The south side of Quinn Avenue from Lynda Lane to a point twenty- five (25) feet east of the prolongation of the east curb of Lynda Lane;
69. The east side of Eastern Avenue between the points six hundred sixty- five (665)feet and seven hundred twenty-five (725)feet north of the prolongation of the north curb of Florence Avenue;
70. The east side of Garfield Avenue from a point three hundred twenty- five (325) feet south of the prolongation of the south curb line of Loveland Street to a point five hundred thirty-five (535) feet southerly thereof;
71. The east side of Eastern Avenue from the prolongation of the south curb of Gage Avenue to a point two hundred thirty (230) feet southerly thereof;
72. The north and south sides of Clara Street from the prolongation of the west curb of Eastern Avenue to a point three hundred fifty (350) feet westerly thereof;
73. The north and south sides of Clara Street from the prolongation of the east curb of Eastern Avenue to a point two hundred fifty-five (255) feet easterly thereof;
74. The west side of Scout Avenue from the prolongation of the south curb of Florence Avenue to the prolongation of the east curb of Priam Drive;
75. The east side of Scout Avenue from the prolongation of the south curb of Florence Avenue to a point one hundred (100) feet south of the prolongation of the south curb of Clara Street;
76. The south side of Hannon Street from a point six hundred (600) feet east of the prolongation of the east curb of Chalet Drive to a point six hundred seventy-five (675) feet southerly thereof;
77. The north side of Hannon Street from a point six hundred twenty-five (625) feet east of the prolongation of the east curb of Chalet Drive to a point seven hundred seventy-five (775) feet southerly thereof;
6 Exhibit 2 290
78. The west side of Perry Road from the prolongation of the south curb of Florence Avenue to a point three hundred five (305) feet southerly thereof;
79. The east side of Perry Road from the prolongation of the south curb of Florence Avenue to a point one hundred (100) feet southerly thereof;
80. The east side of Colmar Avenue from the prolongation of the south curb of Gage Avenue to a point fifty-five (55) feet southerly thereof;
81. The west side of Perry Road from the prolongation of the north curb of Florence Avenue to the alley northerly thereof;
82. The east side of Greenwood Avenue from the prolongation of the south curb of Gage Avenue to a point one hundred five (105)feet southerly thereof;
83. The west side of Greenwood Avenue from the prolongation of the south curb of Gage Avenue to a point fifty (50) feet southerly thereof;
84. The north side of Gage Avenue from the prolongation of the west curb of Greenwood Avenue to a point one hundred five (105) feet westerly thereof;
85. The west side of Emil Avenue from the prolongation of the south curb of Gage Avenue to a point forty (40) feet southerly thereof;
86. The east side of Emil Avenue from the prolongation of the south curb of Gage Avenue to a point one hundred fifty (150) feet southerly thereof;
87. The east side of Darwell Avenue from the prolongation of the south curb of Gage Avenue to a point seventy (70) feet southerly thereof;
88. The east side and west side of Darwell Avenue from the prolongation of the north curb of Gage Avenue to a point sixty (60) feet northerly thereof;
89. The west side of Colmar Avenue from the prolongation of the north curb of Gage Avenue to a point seventy-five (75) feet northerly thereof;
90. The south side of Gage Avenue from the prolongation of the west curb of Greenwood Avenue to a point two hundred five (205) feet westerly thereof;
91. The north side of Gage Avenue from a point two hundred eighty-five (285) feet east of the prolongation of the east curb of Chalet Drive to a point three hundred twenty-five (325) feet west of the prolongation of the west curb of Chalet Drive;
92. The east side of Chalet Drive from the prolongation of the south curb of Gage Avenue to a point one hundred forty (140) feet southerly thereof;
93. The north side of Gage Avenue from a point two hundred forty-five (245) feet east of the prolongation of the east curb of Emil Avenue to a point two hundred thirty-five (235) feet west of the prolongation of the west curb of Emil Avenue;
7 Exhibit 2 291
94. The south side of Gage Avenue from a point one hundred sixty (160) feet west of the prolongation of the west curb of Emil Avenue to a point two hundred thirty-five (235) feet west of the prolongation of the east curb of Emil Avenue;
95. The west side of Garfield Avenue from the prolongation of the south curb of Loveland Street to a point two hundred fifty (250) feet southerly thereof;
96. The east side of Garfield Avenue from a point four hundred (400)feet north of the prolongation of the north curb of Clara Street to a point six hundred sixty-five (665) feet northerly thereof;
97. The west side of Jaboneria Road from the prolongation of the north curb of Clara Street to a point one hundred seventy (170) feet northerly thereof;
98. The east side of Jaboneria Road from the prolongation of the south curb of Clara Street to a point one hundred seventy-six(176)feet southerly thereof;
99. The south side of Clara Street from the prolongation of the west curb of Jaboneria Road to a point one hundred seventy-seven (177) feet westerly thereof;
100. The north side of Clara Street from the prolongation of the east curb of Jaboneria Road to a point one hundred thirty (130) feet easterly thereof; 101. The west side of Emil Avenue from a point two hundred seventy(270) feet south of the prolongation of the south curb of Florence Avenue to a point two hundred ninety (290) feet southerly thereof;
102. The south side of Shull Street from a point eight hundred eighty-nine (889)feet east of the BCR at Jaboneria Road, twenty-five (25)feet east and west of the back driveway at 5700 Shull Street;
103. The north side of Clara Street from a point one hundred forty-five (145) feet west of the prolongation of the west curb of Ira Avenue to a point one hundred sixty (160) feet westerly thereof;
104. The north side of Clara Street from a point one hundred ninety (190) feet west of the prolongation of the west curb of Ira Avenue to a point two hundred five (205) feet westerly thereof;
105. The north side of Clara Street from a point four hundred (400) feet west of the prolongation of the west curb of Ira Avenue to a point four hundred fifteen (415) feet westerly thereof;
106. The north side of Clara Street from a point four hundred forty-five (445) feet west of the prolongation of the west curb of Ira Avenue to a point four hundred sixty (460) feet westerly thereof;
107. The north side of Watcher Street from a point eighty (80) feet east of the west curb of Jaboneria Road to a point ninety(90)feet south of the north curb of Watcher Street on the west side of Jaboneria Road;
8 Exhibit 2 292
108. The east side of Colmar Street from a point fifty (50) feet north of the prolongation of the north curb line of Lanto Street to a point one hundred fifty-five (155) feet northerly, thereof;
109. The east side of Emil Avenue south of Clara Street at alley entrance from the BCR on the north side of alley to a point twenty (20)feet northward on the east side of Emil Avenue; and from the BCR on the south side of alley to a point twenty (20) feet southward on the east side of Emil Avenue; 110. The west side of Emil Avenue south of Clara Street from the BCR on the north side of alley to a point twenty (20)feet northward on the west side of Emil Avenue;
111. The south side of Florence Avenue from a point one hundred forty (140)feet west of the prolongation of the west curb line of Ira Avenue to a point one hundred sixty-eight (168) feet westerly thereof;
112. The west side of Garfield Avenue from a point twenty five (25) feet south of the southern prolongation of Loveland Street to a point four hundred twenty-five (425) feet southerly, thereof;
113. The west side of Garfield Avenue from a point five hundred fifty (550) feet south of the southern prolongation of Loveland Street to a point seven hundred nineteen (719) feet southerly, thereof;
114. The north side of the southern Clara Street service road from the west City limits cul-de-sac to a point two hundred eighty five (285) feet easterly thereof; 115. The west side of Ajax Avenue from the prolongation of the southern curb line of Lubec Street, to a point 562' southerly thereof; 116. The south side of Ludell Street from a point of (12) feet west of the prolongation of the western curbline of El Selinda, to a point one hundred four feet (104) westerly thereof;
117. The south side of Gage from a point (423) feet east of the prolongation of the east curb line of Garfield Avenue to a point five hundred twenty three feet easterly thereof;
118. The south side of Park Lane, from a point four hundred twenty-three feet (423') east of the eastern prolongation of the east side of Garfield Avenue, to a point five hundred twenty-three feet (523') easterly; thereof."; 119. The southside of Priory Street, twenty-one (21') feet west of the western prolongation to a point of six hundred fifty eight (658') westerly thereof; 120. The north side of Agra Street, from a point four hundred eighty seven feet (487') from the east prolongation of Colmar Street to a point six hundred and one feet(601') easterly thereof. For a total of one hundred and fourteen feet(114'); 9 Exhibit 2 293
121. The north side of Lubec Street from a point fourteen (14) feet east of the eastern prolongation of Specht Avenue to a point one hundered fourty three (143) feet easterly thereof; (08/28/06)
122. The north side of Foster Bridge Blvd from a point twenty five (25)feet west of the western prolongation of Priam Drive to a point fifty five (55)feet westerly thereof; (03/26/07)
123. The north side of Foster Bridge Blvd from a point one hundred ninety three (193) feet west of the western prolongation of Cassandra Avenue to a point two hundred forty one (241) feet westerly thereof; (03/26/07) 124. The east side of Emil Avenue from a point twenty six (26) feet of the southern prolongation of Otto Street to a point fifty six (56) feet southerly thereof; (08/27/07)
125. The east side of Priam Drive from a point ten (10) feet north of the northern prolongation of Foster Bridge Blvd to a point forty (40) feet northerly thereof; (10/22/07)
126. The west side of Priam Drive from a point fifteen (15) feet north of prolongation of Foster Bridge Blvd to a point thirty(30)feet northerly thereof; (10/22/07) 127. The east side of Garfield Avenue from a point ten (10) feet south of the southern prolongation of Gallant Street to a point fourty-one (41) feet southerly thereof; (11/12/07)
128. The south side Gotham Street (at 5648 Gotham Street) from a point fifteen (15) feet south of the west of the western prolongation of the alley to a point 50 feet westerly thereof; (05/12/08)
129. The east side of Scout Avenue from a point five hundred twenty two (522')feet north of the northerly prolongation of Florence Avenue to a point five hundred sixty two (562') feet northerly thereof; (08/25/08) 130. The east side of Scout Avenue from a point six hundred and eight (608')feet north of the northerly prolongation of Florence Avenue to a point six hundred forty eight (648') feet northerly thereof; (08/25/08) 131. The west side of Scout Avenue from a point five hundred and sixty feet (560') south of the southern prolongation of Live Oak Street to a point of six hundred (600') feet southerly thereof; (03/23/09 7535 Scout Ave) 132. The west side of Scout Avenue from a point six hundred thirty (630') feet south of the southern prolongation of Live Oak Street to a point of six hundred fifty (650') feet southerly thereof; (03/23/09) 133. The west side of Scout Avenue from a point seven hundred twenty five (725') feet south of the southern prolongation of Live Oak Street to a point seven hundred sixty five (765') feet southerly thereof; (03/23//09) 134. The west side of Scout Avenue from a point eight hundred (800')feet south of the southern prolongation of Live Oak Street to a point eight hundred twenty (820') feet southerly thereof; (03/23/09) 10 Exhibit 2 294
135. The south side of Foster Bridge Blvd from a point seven hundred and seventy seven (777) feet west of the western prolongation of Scout Avenue to a point seven hundred and ninety four (794) feet westerly thereof; (Reso 2011-14 04/25/11)
136. The south side of Foster Bridge Blvd from a point eight hundred forty six (846) feet west of the western prolongation of Scout Avenue to a point eight hundred sixty nine (869) feet westerly thereof, (Reso 2011-14 04/25/11)
137. On the north side of Lubec Street from a point thirteen (13)feet east of the eastern prolongation of El Cortez Avenue, to a point fifty three(53) feet easterly thereof, (Reso 2011-50 11/28/11)
138. On the north side of Suva Street from a point nine-hundred and seven (907) feet west of the west prolongation of Scout Avenue to a point forty (40) feet westerly thereof; (Reso 2012-15 02/27/12) 138. On the north side of Florence Place from a point two hundred and fifty one (251) feet west of the west prolongation of Garfield Avenue to a point fifty seven (57) feet westerly thereof; (Reso 2012-16 02/27/12) 139. On the north side of Agra Street from a point six hundred one (601') feet west of the westerly prolongation of Jaboneria Road to a point six hundred thirty (630') feet westerly thereof; (Reso 2012-49 09/24/12) 140. On the north side of Watcher Street from the east prolongation of Eastern Avenue to a point 127' feet thereof, (Reso 2013-29 07/22/13) 141. On the south side of Watcher Street from a pointy thirty-five (35')feet from the easterly prolongation of Eastern Avenue to a point one- hundred twenty (120') feet easterly thereof; (Reso 2014-39) 142. On the south side of Loveland Street from the western prolongation of Adamson Avenue to a point thirty three feet(33')westerly thereof; (Reso 2014-44)
143. The west side of Jaboneria Road from a point two hundred eighty seven feet south of the prolongation of the south curb line of Clara Street to a point three hundred twenty eight (328') feet southerly thereof; (Reso.2017-35 8-14-17)
144. The north side of Live Oak Street a point ninety nine (99')feet west of the ending curb radius of Purdy Avenue to a point one hundred twenty nine (129') feet westerly thereof; (Reso.2017-56 12-11-17) 145. The north side of Live Oak Street from a point two hundred twenty nine (229') feet west of the ending curb radius of Purdy Avenue to a point two hundred fifty nine (259')feet westerly thereof, (Reso.2017-56 12- 11-17)
146. The north side of Live Oak Street from a point three hundred seventy one (371') feet west of the ending radius of Purdy Avenue to a point four hundred sevent one (471')feet westerly thereof, (Reso.2017-5612-11-17) 11 Exhibit 2 295
147. The north side of Lubec Street from the prolongation of the west curb of Purdy Avenue to a point ten (10')feet westerly thereof, (Reso 2020-10 2-10-20)
148. The south side of Lubec Street from the prolongation of the west curb of Purdy Avenue to a point ten (10') feet westerly thereof, (Reso 2020-10 2-10-20)
149. The south side of Lubec Street from the prolongation of the east curb of Purdy Avenue to a point ten (10')feet easterly thereof, (Reso 2020-10 2-10-20)
150. The north side of Lubec Street from the prolongation of the east curb of Purdy Avenue to a point ten (10') feet easterly thereof, (Reso 2020-10 2-10-20)
151. The east side of Purdy Avenue from the prolongation of the north curb of Lubec Street to a point ten (10')feet northerly thereof, (Reso 2020-10 2- 10-20)
152. The west side of Purdy Avenue from the prolongation of the south curb of Lubec Street to a point ten (10') feet southerly thereof; (Reso 2020-10 2-10-20)
153. The east side of Purdy Avenue from the prolongation of the south curb of Lubec Street to a point ten (10')feet southerly thereof. (Reso 2020-10 2- 10-20)
154. The west side of Emil Avenue from a point five hundred thirty-five (535') feet south of the prolongation of the south curb of Florence Avenue to a point five hundred sixty(560')feet southerly thereof. (Reso. 2021-04 1-25-21)
155. The west side of Ira Avenue from a point three hundred seventy one (371') feet south of the prolongation of the south curb of Live Oak Street to a point three hundred ninety one (391') feet southerly thereof. (Reso 2021-73 9-13-21)
156. The west side of Ira Avenue from a point twenty (20') feet south of the prolongation of the south curb of Priory Street to a point forty (40') feet southerly thereof. (Reso 2021-73 9-13-21)
157. The west side of Garfield Avenue from a point four hundred eight (408') feet south of the prolongation of south curb on Ira Avenue to a point four hundred sixty (460') feet southerly thereof. (Reso 2021-74 9-13-21)
158. The east side of Garfield Avenue from a point four hundred thirty six (436') feet north of the prolongation of the north curb of Muller Street to a point four hundred seventy one (471') feet northerly thereof. (Reso 2021-74 9-13-21)
159. The west side of Jaboneria Road from a point seven hundred twenty six (726') feet south of the prolongation of the south curb of Lubec 12 Exhibit 2 296
Street to a point seven hundred sixty six (766')feet southerly thereof; (Reso 2021-91 10-25-21)
160. The west side of Jaboneria Road from a point sixteen (16')feet south of the prolongation of the south curb of Ludell Street to a point thirty (30') feet southerly thereof; (Reso 2021-91 10-25-21)
161. The south side of Florence Avenue from the prolongation of the east curb line of Jaboneria Road to a point two hundred thirteen (213)feet easterly thereof, (Reso. 2022-21 3-14-22)
B. Designated Hours:
1. The south side of Clara Street from the south Clara service road and a point three hundred fifty (350) feet west of the prolongation of the west curb of Eastern Avenue, between the hours of 3:00 p.m. and 6:00 p.m., Saturdays, Sundays, and holidays excepted;
2. The south side of Clara Street, from a point three hundred fifty (350) feet east of the prolongation of the east curb of Eastern Avenue to a point two hundred (200) feet east of the prolongation of the east curb of Jaboneria Road, between the hours of 3:00 p.m. and 6:00 p.m., Saturdays, Sundays, and holidays excepted and excluding the no stopping anytime areas;
3. The north side of Clara Street, from a point two hundred fifty-five(255) feet east of the prolongation of the east curb of Eastern Avenue to a point three hundred (300) feet east of the prolongation of the east curb of Jaboneria Road, between the hours of 6:30 a.m. and 8:30 a.m., Saturdays, Sundays, and holidays excepted and excluding the no stopping anytime areas;
4. The south side of Florence Avenue from a point one hundred twenty- five (125)feet east of the prolongation of the east curb line of Priam Drive to a point one hundred seven (107) feet east of the prolongation of the east curb line of El Selinda Avenue, between the hours of 3:00 p.m. and 6:00 p.m., Saturdays, Sundays, and holidays excepted and excluding the no stopping any time areas;
5. The north side of Florence Avenue from a point one hundred ninety- five (195) feet east of the prolongation of the east curb line of Ajax Avenue to a point one hundred (100) feet west of the prolongation of the west curb line of Garfield Avenue, between the hours of 6:00 a.m. and 8:00 a.m., Saturdays, Sundays, and holidays excepted and excluding the no stopping any time areas;
6. The north side of Florence Avenue from a point ninety(90)feet east of the prolongation of the east curb line of Garfield Avenue to a point three hundred (300) feet west of the prolongation of the west curb line of Scout Avenue, between the hours of 6:00 a.m. and 9:00 a.m., Saturdays, Sundays, and holidays excepted and excluding the no stopping any time areas;
SECTION 2. The stopping, standing, or parking of a vehicle upon any of the following streets or parts thereof for a period of time in excess of the time hereafter set forth, shall be prohibited pursuant to Section 13.20.110 of the Bell Gardens Municipal 13 Exhibit 2 297
Code, at all times or during such other hours as are set forth herein unless such vehicle displays a parking permit authorized on the streets listed under Section 2A (4-9):
A. Two-hour parking -7:00 a.m. to 6:00 p.m., Saturdays, Sundays, and holidays excepted
1. The east side of Garfield Avenue from Florence Place to the northerly City limits and the west side of Garfield Avenue from a point five hundred seventy feet (570') south of the southern prolongation of Gage Avenue to the northern curb line of Florence Place;
2. The south side of Gage Avenue from a point two hundred (200) feet east of the prolongation of the east curb of Eastern Avenue to Ajax Avenue;
3. The west side of Garfield Avenue from a point twenty-three (23) feet north of the driveway of the Garfield Elementary School to a point one hundred eighty (180) feet south;
4. The south side of Agra Street from Colmar Avenue to Darwell Avenue (permit parking allowed);
5. The north side of Agra Street from Jaboneria Road to Darwell Avenue (permit parking allowed);
6. The east side of Jaboneria Road from Agra Street to Watcher Street (permit parking allowed);
7. The east and west sides of Jaboneria Road from Agra Street to the alley one hundred forty (140) feet south of Agra Street (permit parking allowed);
8. The north and south sides of Watcher Street from Jaboneria Road to Darwell Avenue (permit parking allowed);
9. The north and south sides of Lanto Street from Jaboneria Road to Darwell Avenue (permit parking allowed);
10. The north side of Suva Street from Emil Avenue to the east City limits;
11. The south side of Suva Street from the east property line of Suva Elementary School to the east City limits;
12. The north side of Quinn Street between Jaboneria Road and Lynda Lane;
13. The east side of Jaboneria Road between Quinn Street and Muller Street;
14. The east and west sides of Emil Avenue between Florence Place and Suva Intermediate School;
14 Exhibit 2 298
15. The east side of Garfield Avenue between the points three hundred (300) feet and four hundred (400) feet north of the northerly prolongation of the north curb of Clara Street;
16. The south side of Florence Place from Garfield Avenue to Florence Avenue;
17. The east side of Scout Avenue between the points two hundred fifty (250) feet and eight hundred forty (840) feet north of the prolongation of the north curb of Florence Avenue;
18. The west side of Eastern Avenue adjacent to the premises at 8029 Eastern Avenue (approximately one hundred fifty (150) feet);
19. The west side of Eastern Avenue from the prolongation of the north curb line of Lubec Street to the northerly City limits;
20. The east side of Eastern Avenue from a point seven hundred twenty- five (725)feet north of the prolongation of the north curb line of Florence Avenue to the prolongation of the south curb line of Watcher Street;
21. The north side of Live Oak Street from a point one hundred fifty (150) feet east of the prolongation of the east curb line of Eastern Avenue easterly to the school property;
22. The east side of Eastern Avenue between the points five hundred forty-five (545)feet and six hundred twenty-five (625)feet north of the prolongation of the north curb of Florence Avenue;
23. The west side of Garfield Avenue from the prolongation of the north curb of Shull Street to a point two hundred ten (210) feet northerly thereof;
24. The west side of Garfield Avenue from the prolongation of the south curb of Clara Street to a point two hundred five (205) feet southerly thereof;
25. The east and west sides of Eastern Avenue from the prolongation of the south sides of Clara Street to the prolongation of the north sides of Shull Street;
26. The north side of Cecilia Street from a point sixth (60)feet east of the Eastern prolongation of Eastern Avenue to a point one hundred sixty (160) feet easterly thereof.
27. On the north side of Agra Street from a point four hundred forty(440') feet west of the west prolongation of Jaboneria Road to a point four hundred eighty one (481') feet westerly thereof. (added Reso.2012-49 09/24/12) B. Two-hour parking 8:00 a.m. to 6:00 p.m., Saturdays, Sundays, and holidays excepted:
The north side of Florence Avenue from a point one hundred ninety-five(195) feet east of the prolongation of the east curb line of Ajax Avenue to a point one 15 Exhibit 2 299
hundred (100)feet west of the prolongation of the west curb line of Garfield Avenue, excluding the no stopping any time areas.
C. Two-hour parking 7:00 a.m. to 3:00 p.m., Saturdays, Sundays, and holidays excepted:
The south side of Florence Avenue from a point one hundred twenty-five (125)feet east of the prolongation of the east curb line of Priam Drive to a point one hundred seven (107)feet east of the prolongation of the east curb line of El Selinda Avenue, excluding the no stopping any time areas.
D. Two-hour parking 9:00 a.m. to 6:00 p.m., Saturdays, Sundays, and holidays excepted:
The north side of Florence Avenue from a point ninety (90) feet east of the prolongation of the east curb line of Garfield Avenue to a point three hundred (300) feet west of the prolongation of the west curb line of Scout Avenue, excluding the no stopping any time areas.
E. Two-hour parking at all times:
The east and west sides of Greenwood Avenue, south of Gage Avenue at all hours, excluding the no stopping any time areas.
F. One-hour parking 7:00 a.m. to 10:00 p.m., Sunday excepted:
1. The east side of Eastern Avenue from the prolongation of the north curb line of Clara Street to the prolongation of the south curb line of Live Oak Street;
2. The west side of El Selinda Avenue from the prolongation of the north curb line of Florence Avenue northerly to the alley;
3. The east side of Eastern Avenue from a point two hundred (200)feet south of the prolongation of the south curb line of Florence Avenue to the prolongation of the north curb line of Fry Street;
4. The west side of Eastern Avenue from the prolongation of the south curb line of Priory Street to the prolongation of the north curb line of Clara Street;
5. Request for one-hour limit parking zone for east side of Ira Avenue, north of Florence Avenue (El Tapatio Market) **
SECTION 3. The stopping, standing, or parking of a vehicle upon municipal parking lots shall be restricted, pursuant to Section 13.20.500 of the Bell Gardens Municipal Code, as follows:
A. The municipal parking lots adjacent to the Bell Gardens City Hall; parking only for the purpose of conducting business at City Hall. 16 Exhibit 2 300
B. The municipal parking lots adjacent to Ross Auditorium, Bell Gardens Park, and Ford Park; parking only for the purpose of conducting business at, or use of, the Auditorium or Park facilities, and no parking shall be permitted between the hours of 2:00 a.m. and 4:00 a.m.
C. The municipal parking lot at Ford Park adjacent to the golf course in designated spaces with signs and or marking; parking only for conducting business at, or use at, Ford Park Gold Course during the posted hours of operation.
SECTION 4. The stopping, standing, or parking of a vehicle upon any of the streets or parts thereof in the areas of the City hereinafter designated shall be prohibited pursuant to Section 13.20.120 of the Bell Gardens Municipal Code on the days designated between the hours of 8:00 a.m. and 4:00 p.m., for street sweeping purposes, provided, however, that nothing contained herein shall be effective with respect to any commercial vehicle making pickups or deliveries of goods, wares or merchandise from or to any building or structure located on the restricted street or highway, or for the purpose of delivering materials to be used in the repair, alteration, remodeling, or reconstruction of any building or structure for which a building permit has previously been obtained.
A. Each Wednesday, between the hours of 8:00 a.m. and 4:00 p.m.:
All streets and highways and portions thereof, in that section of the City of Bell Gardens lying northerly of the centerline of Florence Avenue to the north City limits.
B. Each Thursday, between the hours of 8:00 a.m. and 4:00 p.m.:
All streets and highways and portions thereof, in that section of the City of Bell Gardens lying southerly of the centerline of Florence Avenue to the north City limits.
C. Each Friday, between the hours of 6:00 a.m. and 8:00 a.m.:
1. The east side of Eastern Avenue from north City limit to south City limit; (Reso2017-164/10/17)
D. Each Monday, between the hours of 6:00 a.m. and 8:00 a.m.:
1. The west side of Eastern Avenue from north City limit to south City limit; (Reso2017-164-10-17)
E. The following streets or portions thereof are excepted from the prohibitions contained in this Section 4:
1. Both sides of Florence Avenue;
2. Both sides of Eastern Avenue;
17 Exhibit 2 301
3. Both sides of Scout Avenue from Florence Avenue to the prolongation of the southerly curb of Live Oak Street;
4. The south side of Live Oak Street from the prolongation of the westerly curb of Scout Avenue to a point five hundred sixty (560) feet westerly thereof;
SECTION 5. The stopping, standing, or parking of a vehicle upon any of the following streets or parts thereof shall be prohibited or restricted at all times as set forth in Section 13.20.100 of the Bell Gardens Municipal Code, by means of painted curb markings:
A. Commercial loading and unloading (yellow curb)
1. The north side of Cecilia Street from a point twenty-five (25)feet west of the prolongation of the west curb line of Eastern Avenue, to a point one hundred two (102) feet westerly thereof;
2. The south side of Quinn Street from a point three hundred forty-five (345)feet west of the prolongation of the west curb line of Jaboneria Road to a point three hundred eighty-five (385) feet westerly thereof;
3. The west side of Ajax Avenue from a point two hundred (200) feet north of the prolongation of the north curb line of Florence Avenue to a point six hundred seventy-three (673) feet northerly thereof;
4. The south side of Scout Avenue from a point one hundred ninety(190) feet east of the prolongation of the east curb of Emil Avenue to a point two hundred fifty (250) feet easterly thereof;
5. The west side of Ira Street from a point one hundred fifty (150) feet north of the prolongation of the north curb line of Florence Avenue to a point two hundred fifty-five (255) feet northerly thereof;
6. The west side of Ira Avenue from a point sixty nine (69')feet south of the prolongation of the south curb of Gage Avenue to a pointy ninety one (91')feet southerly thereof to be in effect from 8:OOam to 6:OOpm except Saturdays, Sundays and Holidays; (Reso 2021-56 6228 Gage 6-28-21)
B. Passenger loading and unloading (white curb)
1. The south side of Suva Street from a point two hundred ninety-five (295) feet east of the prolongation of the east curb line of Emil Avenue to a point three hundred sixty (360) feet easterly thereof;
2. The south side of Scout Avenue from the prolongation of the west curb line of Gotham Street to a point ninety (90) feet easterly thereof;
3. The south side of Quinn Street from a point one hundred (100) feet west of the prolongation of the west curb line of Jaboneria Road to a point one hundred fifty-seven (157) feet westerly thereof;
18 Exhibit 2 302
4. The south side of Quinn Street from a point one hundred ninety(190) feet west of the prolongation of the west curb line of Jaboneria Road to a point three hundred forty-five (345) feet westerly thereof;
5. The south side of Quinn Street from a point three hundred eighty-five (385)feet west of the prolongation of the west curb line of Jaboneria Road to a point six hundred sixty (660) feet westerly thereof;
6. The west side of Eastern Avenue from a point eleven (11) feet south of the prolongation of the south curb line of Gotham Street to a point thirty-three (33) feet southerly thereof;
7. The east side of Eastern Avenue from a point four hundred thirty-five (435) feet north of the prolongation of the north curb of Lubec Street to a point four hundred sixty (460) feet northerly thereof;
8. The east side of Garfield Avenue from a point four hundred forty-six (446) feet north of the prolongation of the north curb line of Florence Place to a point four hundred sixty-six (466) feet northerly thereof;
9. The west side of Jaboneria Road from a point forty-three (43) feet north of the prolongation of the north curb line of Priory Street to a point seventy-five (75) feet northerly thereof;
10. The west side of Jaboneria Road from a point one hundred seventy- two (172)feet north of the prolongation of the north curb line of Live Oak Street to a point two hundred thirty-seven (237) feet northerly thereof;
11. The north side of Loveland Street from a point twenty-seven (27)feet east of the prolongation of the east curb line of Colmar Avenue to a point fifty-eight (58) feet easterly thereof;
12. The south side of Scout Avenue from a point twenty (20) feet east of the west property line of Ford Park Adult School, 7800 Scout Avenue to a point thirty (30) feet west of the east property line;
13. The north side of Watcher Street from a point eighty (80) feet east of the west curb of Jaboneria Road to a point two hundred eighty (280) feet easterly thereof;
14. The east side of Toler Avenue from a point one hundred ninety-one (191) feet north of the prolongation of the north curb line of Florence Place to a point five hundred seven (507) feet northerly thereof;
15. The north side of Live Oak Street from the prolongation of the east curb of Purdy Avenue to a point one hundred fifty (150) feet westerly thereof; 19 Exhibit 2 303
16. Request for white curb (10-minute parking) at 7425 Garfield Avenue (Garfield Elementary School)from a point 375' north of the northern prolongation of Florence Avenue to a point 850' northerly; thereof. **
17. Request for white curb (passenger loading) at 7104 Perry Road. (Rio- Hondo Boys & Girls Club.) **
18. The east side of Ira Avenue from a point one hundred ninety-two (192) feet south of the southern prolongation of Gage Avenue to a point two hundred thirty eight (238) feet southerly thereof; (11/26/07)
19. The east side of Ira Avenue from a point two hundred sixty two (262) feet south of the southern prolongation of Gage Avenue to a point two hundred eighty (280) feet southerly thereof; (11/26/07)
20. The north side of Cecilia Street from a point one hundred and fifty four (154) feet west of the western prolongation of the Jaboneria Road to a point one hundred seventy seven (177) feet westerly thereof, (At all times 07/09/08)
21. The south side of Florence Place from a point two hundred eighty eight 288' feet east of the east prolongation of Perry Road to a point 313' feet easterly thereof, (Monday through Friday 7amto 6pm 6628 Florence PI Reso 2011-0402/14/11)
22. The north side of Gallant Street from a point four hundred and eighty eight (488) feet east of the eastern prolongation of Jaboneria Road, to a point five hundred and eight (508) feet easterly thereof, (without period designations,at all times Reso 2011-15 04/25/11)
23. On the north side of Agra Street from a point three hundred and sixty-three (363') feet west of the prolongation of the west curb line of Jaboneria Road to a point five hundred and twenty-three (523') feet westerly thereof; (Reso 2015-56 8/25/15)
24. The west side of Eastern Avenue from a point one hundred and seventy seven (177')feet south of the prolongation of the south curb line of Loveland Street to a point two hundred seven (207') feet southerly thereof, (Reso.2016-17 4/25/16)
25. The north side of Florence Place from a point six hundred forty (640') feet east of the eastern prolongation of Emil Avenue to a point eight hundred forty (840') feet easterly thereof, (Reso 2016-27 7/25/16)
26. The north side of Live Oak Street from a point one hundred twenty nine (129') feet west of the ending curb radius of Purdy Avenue to a point two hundred twenty nine (229') feet westerly thereof; (Reso. 2017-5612-11-17)
C. Twenty Minute Zone (green curb)
1 The sei Ith side of Suva Street frem a Peint fey it hi pd-Fed tWenty //12Q feet east of the nrelennatien of the east ni irh line orEm�n Emil Av to a neint fey it hi pdred seVenty fide (475) feet easterly theref, (Removed by Reso 2020-101 12/14/20) Exhibit 2 3Q4
2. The south side of Clara Street from a point fifty-five (55) feet west of the prolongation of the west curb line of Ram ish Avenue to a point eighty (80) feet westerly thereof;
3. The north side of Clara Street from a point eighty-five (85)feet west of the prolongation of the west curb line of Perry Road to a point one hundred forty (140) feet westerly thereof;
4 The e_St Sidle of Cmil Ave.pue frnm a PniPt f96 14eeP (1 4) foot Sei nth of the Pr ggatiGR of the Sni ith ni irh lino of Suva Ctreet to o PniPt forty (40) feet se itherly thoronf; (Removed by Reso 2020-101 12/14/20)
5. The east side of Ajax Avenue from a point sixty-nine (69)feet north of the prolongation of the north curb line of Florence Avenue to a point ninety-eight (98) feet northerly thereof;
6. The west side of Ajax Avenue from a point eighty-seven (87)feet north of the prolongation of the north curb line of Florence Avenue to a point one hundred fifty-seven (157) feet northerly thereof;
7 The Sidle of Cgotorn Ave.pue from a PniPt Siv hi IAdlredl (6 QQ)foot ?oni ith of. the PrnlnngotinP of the Sni ith ni irh lino ��4elon eet to o PniR S X hi-Adlredl SixteeP (616) foot oni itheFly thoronf� (Removed by Reso 2020-101 12/14/20)
8. The see ith Sidle of DriteFy Street frnm a PniPt one fifty (15Q) foot �niect of the nrnlnngotinn of the lino of Goctorn to o PniPt tnin h,,Adlredl fide (205) foot westerly thoronf; (Removed by Reso 2020-101 12/14/20) 9 The e-ASt Sidle nf�erP /��i a+�on the r�ninto oiv h1 inrlror! rrt�caar�� ��rr�-cP , �r�r-r�cn-rarccr tWenty five (625)feet and Six hundred sixty five (665)feet Perth of the nrnlnngotinn of the north ni irh of Clgrenne AAAP_Rl ie' (Removed by Reso 2020-101 12/14/20)
10. The south side of Gage Avenue from a point two hundred five (205) feet west of the prolongation of the west curb of Emil Avenue to a point two hundred fifty-six (256) feet westerly thereof;
11. The west side of Garfield Avenue from a point one hundred (100)feet south of the prolongation of the south curb at Cecilia Street to a point one hundred sixty (160) feet southerly thereof;
12 Thp- Sidle of DemiSh P Pi ie from a PniPt SeVePt y fide (75) feet Snvi ith of the nrnlnngotinn of the Sni ith ni irh of (Toro Street to o Point nee hi indlredl a
ten (1 1 Q) fee+ Sgi i+herhi thereof- (Removed by Reso 2020-101 12/14/20)
13. The e-ASt Sidle of Garfield! AAAeel ie from a PniPt eight (8) fee+ Sei ith of the PrnlnngotiGR of the Sni ith ni irh line gf Cenilio Street to o PniPt Si t y /Cy (60)f Snl 1theFly thereof; (Removed by Reso 2020-101 12/14/20)
14. The west side of Garfield Avenue from a point seventy-five (75) feet north of the prolongation of the north curb of Fostoria Street to a point ninety (90) feet northerly thereof;
21 Exhibit 2 305
15. The north side of Florence Place from a point forty (40) feet west of the prolongation of the west curb of Granger Street to a point sixty-five (65) feet westerly thereof;
16. The west side of Eastern Avenue from a point sixty-one (61)feet south of the prolongation of the south curb of Watcher Street to a point one hundred sixty- two (162) feet southerly thereof;
17. The north side of Clara Street from a point two hundred five (205)feet west of the prolongation of the west curb of Ira Avenue to a point four hundred (400) feet westerly thereof;
18. The north side of Florence Avenue from a point one hundred (100) feet east of the prolongation of the east curb of Live Oak Street to a point one hundred twenty (120) feet easterly thereof;
19. The north side of Florence Avenue from a point one hundred sixty (160) feet east of the prolongation of the east curb of Live Oak Avenue to a point one hundred ninety (190) feet easterly thereof;
The nArth side ref Gene Aypp,ie frr)m a PGint tWA hi'Arbor! ninety(299.) Tfecet �NPeRt of the nrnlnnnotinn of the VP-St ni irh of D-AP.MP-111 4V_e'R ,e tn a nnint throo hi inrlror! bNent y (' 29) foot �nmoter1y thereof;
21. The west side of Garfield Avenue from a point sixty one (61)feet south of the southern prolongation of Muller Street to a point one hundred one (101)feet southerly thereof;
22. Request for green curb (20-minute parking) at 8045 Garfield Avenue(Garfield Market). **
23.The north side of Clara Street from a point three hundred twenty three (323) feet east of the easterly prolongation of Gephart Street to a point three hundred thirty nine feet easterly thereof; (08/28/06) 24 Th�c NPPRt�p^fvf FEascerrn A�.4p-ni io from a point fide hundred twe (59 M Tfec�ei 1th ref the oni 1ttrhT ri tieen ff (�I�r� Ctre t in PGint fide hh,in rer! thirty nine (539) foot cni 1therhi thereof; (Removed by Reso 2020-101 12/14/20)
25. The south side of Clara Street from a point three hundred and thirty five (335') east of the eastern prolongation of Garfield Avenue to a point thirty six (36') easterly thereof; 6334 Clara Street(06/14/10)
26.On the left side of Lubec Street from a point twenty five (25) feet east of the eastern prolongation of Jaboneria Road, to a point fourty five (45)feet easterly thereof, (Reso 2011-49 11/28/11)
27.The east side of Eastern Avenue from a point two hundred eighty two (282') feet north of the prolongation of the north curb of Jaboneria Road to a point three hundred thirty two (332') feet northerly thereof to be in effect from 9:00am to 6:OOpm except on Saturdays, Sundays and Holidays; (Reso 2021-57 7908 Eastern 6-28-21)
22 Exhibit 2 306
D. Twenty Minute Zone 7.00 a.m. - 6.00 p.m. (green curb) E. Handicapped Parking (blue curb)
1. The south side of Agra Street adjacent to the premises at 6248 Agra Street approximately thirty (30) feet; removed by Reso 8- 1 10-13-08
2. The north side of Muller Street from a point two hundred eighty-eight (288) feet west of the west prolongation of Garfield Avenue, to a point three hundred eight (308) feet westerly thereof; ir°eim oved Irby IReso, 2018-1 8 2-26-18
3. The west side of Perry Road from a point four hundred and forty one (441) feet from the prolongation of the north curb line of Florence Place to a point four hundred fifty six (456)feet northerly thereof. removed by Reso 8- 1 10-13-08
4. The west side of Darwell Avenue from a point sixty eight(68)feet from the prolongation of the north curb line of Lubec Street to a point eighty eight (88) feet northerly thereof; removed by Reso 8- 1 10-13-08
5. The west side of Purdy Street from a point fifty-five feet (55') south of the prolongation of the south curb line of Live Oak Street to a point seventy- five feet (75') southerly thereof, ir°eim oved Irby IReso, 2018-1 8 2-26-18
6. The north side of Gallant Street (5953 Gallant Street) from a point (488)feet east of the prolongation of the east curb line of Jaboneria Road to a point (508) feet easterly thereof. Removed by Reso 20 1-15 04-25-11
7. The north side of Priory Street from a point 788' east of the eastern prolongation of Jaboneria Road, to a point 803' easterly thereof.
8. The north side of Lanto Street from a point twenty(20)feet east of the east prolongation of Jaboneria Road to a point 36 feet easterly thereof (6201 Lanto). ir°eim oved Irby IReso, 201 8-1 8 2..26-18
9. The south side of Agra Street from a point 378' feet of the west prolongation of Jaboneria Road to a point 415' feet westerly thereof(6122 Agra St) Reso 2010-04
10. On the north side of Loveland Street from a point thirty eight (38) east of the eastern prolongation of Ajax Avenue, to a point fifty eight (58) feet easterly thereof; ir°eim oved Irby IReso, 201 8-1 8 2..26-18
11. On the south side of Lanto Street from a point twenty-six (26') feet from the easterly prolongation of El Selinda Avenue to a point forty-six (46') feet easterly thereof (5900 Lanto St); (Reso 2014-25 6/23/14)
12. On the south side of Gotham Street from a point seventy-one (71')feet west of the western prolongation of Ira Avenue to a point ninty-one (91') feet westerly thereof (6142 Gotham St); (Reso 2016-27 7/25/16)
13. The south side of Fostoria Street from a point four hundred thirty(430')feet east of the east prolongation of Eastern Avenue to a point four hundred fify (450') feet easterly thereof (5844 Fostoria St); (Reso.2017-57 12-11-17) 23 Exhibit 2 307
14. The east side of Ajax Avenue from a point five hundred sixty(560')feet north of the prolongation of the north curb line Lubec Street to a point five hundred eighty (580') feet northerly thereof; (Reso 2021-64 07/26/21)
F. Twenty Minute Zone 9:00 a.m. - 6:00 a.m. (green curb)
1. The north side of Florence Avenue from a point forty-two (42)feet east of the prolongation of the east curb line of Live Oak Street to a point eight-five (85) feet easterly thereof;
SECTION 6. The stopping, standing, or parking of a vehicle operated by a government official displaying an official placard issued by the City of Bell Gardens Public Works Department shall be exempted from normally legal parking spaces while on official government business.
SECTION 7. The City Council finds, pursuant to Section 13.20.800 of the Bell Gardens Municipal Code, that the volume of traffic and other conditions at the following locations are such that the enforcement of the provisions of the Bell Gardens Municipal Code prohibiting or restricting parking by the imposition of the criminal penalties is not sufficient to prevent the illegal parking of vehicles, and authorizes the towing of illegally parked vehicles in the following zones:
A. Any areas designated in Sections 1 and 4 hereof as zones in which the stopping, standing or parking of vehicles at all or any times is prohibited.
SECTION 8. Resolution No. 2011-50 is hereby repealed.
SECTION 9. The City Clerk shall certify to the adoption of this Resolution.
PASSED, APPROVED, and ADOPTED this 28t" day of November, 2011.
APPROVED AS TO FORM:
CITY ATTORNEY MAYOR
ATTEST:
CITY CLERK
24 Exhibit 2 308
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Figure 2— Street View of 8056 Garfield Avenue
Exhibit 3 309
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Exhibit 3 310
CITY OF BELL GARDENS
ii rrrrrr, ' OFFICE OF THE CITY MANAGER
AGENDA REPORT
Item 12.
...................................................................................................................................................................................................................................................................................................................................................................................................................................................................................................................................
TO: Honorable Mayor and City Council Members
FROM: Michael B. O'Kelly, City Manager
BY: Grissel Chavez, Director of Public Works
SUBJECT: RESOLUTION APPROVING EXECUTION OFARESTRICTED GRANT
AGREEMENT WITH THE STATE OF CALIFORNIAACTING BYAND
THROUGH ITS DEPARTMENT OF TRANSPORTATION (CALTRANS) FOR
CLEAN CALIFORNIA LOCAL GRANT PROGRAM FOR THE BG KEEP
PARKS CLEAN BEAUTIFICATION PROJECT
DATE: June 13, 2022
RECOMMENDATION:
It is staff's recommendation that the City Council by motion:
1. Approve the attached Restricted Grant Agreement and any amendments thereto; and
2. Adopt the attached Resolution designating the City Manager to execute the attached Restricted Grant Agreement with the State of California for the Clean California Local Grant Program for the BG Keep Parks Clean Beautification Project; and
3. Authorize staff to approve the services by the Department's grant writing consultant, at a cost not to exceed $49,000, to manage the grant outreach and coordination activities, administration and reporting.
BACKGROUND/DISCUSSION:
Assembly Bill 149 created the Clean California Local Grant Program (CCLGP) to beautify and clean up local streets and roads, tribal lands, parks, pathways, transit centers, and other public spaces. The CCLGP is one part of the nearly $1.1 billion Clean California initiative that takes direct aim at the continuous trash generation that has overwhelmed California Department of Transportation (Caltrans) and its partners. Other parts of the Clean California initiative include litter abatement efforts, state beautification and safety projects, and public education campaigns.
Approximately$296 million was available for this initial round of the program.
The City submitted an application for the CCLGP on January 31, 2022. After successfully completing the competitive application process, the City of Bell Gardens was awarded $510,067 for the "BG Keep Parks Clean Beautification Project". The grant project must be completed by June 30, 2024.
The "BG Keep Parks Clean Beautification Project" will renovate Julia Russ Asmus Park and Hannon Park by replacing existing playgrounds and adding new ADA rubber surfacing; replacing and adding new picnic tables and trash receptacles; installing new anti-litter signs, artwork, and 311
signage about the history and culture of the community; and planting of trees. In addition, the project will launch a monthly "Keep Your Park Beautiful" outreach campaign and host biannual community cleanup events. The monthly outreach campaign will remind residents to dispose of waste properly in order to keep their parks clean, thus encouraging more frequent use of their neighborhood parks and allowing residents to take pride in their community. The campaign will be reinforced with biannual community cleanup events where residents will be invited to join together to clean up the parks alongside City staff. Attendees will assist with collecting waste and debris at both parks.
The Department of Public Works typically uses the services of a consultant to provide support by administering and managing awarded grants. This consultant will prepare the public outreach component of the grant, which will include monthly and biannual events, and preparation, coordination and mailing of flyers. They will also administer and manage the requirements of this grant, such as reporting and reimbursement processing. The costs for their service for duration of the grant term (2 years) is $49,000. The grant will cover the cost of this service for$35,500. The balance of $13,500 will come from general funds. Staff is requesting approval to utilize the services of this consultant.
It is necessary for the City of Bell Gardens to execute a Restricted Grant Agreement with the State of California acting by and through its Department of Transportation (Caltrans)for the use of the City acquired grant funds. The Restricted Grant Agreement specifies the terms, scope of work, project schedule, reporting requirements, and expenditure guidelines. A resolution must also be approved by the City Council designating the City Manager as an authorized representative to execute all grant documents.
CONCLUSION:
The project will result in various benefits to the community including: beautifying and improving the City's recreational spaces; incorporating elements to connect residents with the history of the community; reducing waste and debris; improving accessibility for persons with disabilities; and increasing shade and tree canopy.
FISCAL IMPACT:
The City was awarded $510,067 in Clean California Local Grant Program (CCLGP)funds for the "BG Keep Parks Clean Beautification Project". The CCLGP does not require any matching funds for the "BG Keep Parks Clean Beautification Project".
Funding to cover the consultant costs of the grant administration and reporting services in the amount of $49,000 is included in the FY 2022-23 budget. The grant will reimburse the City for $35,500 of this cost leaving a balance of$13,500 to be paid from the general fund.
ATTACHMENTS:
Exhibit 1 - Resolution 2022-51
Exhibit 2 - Restricted Grant Agreement
312
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 313
RESOLUTION NO. 2022-51
A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF BELL
GARDENS, CALIFORNIA, APPROVING AN AGREEMENT BY AND
BETWEEN THE CITY OF BELL GARDENS AND THE CALIFORNIA
DEPARTMENT OF TRANSPORTATION FOR THE BG KEEP PARKS
CLEAN BEAUTIFICATION PROJECT AND AUTHORIZING THE CITY
MANAGER TO EXECUTE SUCH AGREEMENT
WHEREAS, the City Council of the City of Bell Gardens is eligible to receive State funding for certain transportation related work through the California Department of Transportation; and
WHEREAS, a Restricted Grant Agreement is needed to be executed with the California Department of Transportation before such funds can be claimed through the Clean California Local Grant Program; and
WHEREAS, the City of Bell Gardens wishes to enter in to an Agreement with California Department of Transportation for the BG Keep Parks Clean Beautification Project.
NOW, THEREFORE, THE CITY COUNCIL OF THE CITY OF BELL GARDENS DOES RESOLVE, DECLARE, DETERMINE, AND ORDER 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 the Agreement and authorizes and directs the City Manager to execute the Agreement attached hereto as Exhibit 2.
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. Subject to all applicable laws, the City Council hereby authorizes the City Manager to execute any ancillary documents relating to the Agreement, including any amendments, extensions, and other documents consistent with the Agreement and this Resolution.
SECTION 5. 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.
[Signatures on the following page]
Exhibit 1 314
Resolution No. 2022-51
PASSED, APPROVED, and ADOPTED this 13t"day of June, 2022.
THE CITY OF BELL GARDENS
Maria Pulido, Mayor
APPROVED AS TO FORM: ATTEST:
Rick Olivarez Jane Halstead
City Attorney City Clerk
2 of 2
Exhibit 1 315
City of Bell Gardens
Agreement Number CCL-5373-028
AMS ADV ID: 0722000294
Clean California Local Grant Program (State)
Restricted Grant Agreement
This Restricted Grant Agreement (RGA), between the State of California acting by and through its Department of Transportation, referred to herein as CALTRANS, and the City of Bell Gardens, hereinafter referred to as AGENCY, will commence on May 15, 2022, or upon approval by CALTRANS, whichever occurs later. This RGA is of no effect unless approved by CALTRANS.
AGENCY shall not receive payment for work performed prior to approval of this RGA and before receipt of Notice to Proceed from CALTRANS. This RGA shall expire on December 31, 2024.
Recitals
1. Under this RGA, CALTRANS intends to convey State restricted grant funds to AGENCY, pursuant to Budget Act Line Item 2660-101-0046T, who will implement the project pursuant to the attached Approved Grant Application and Amendment(s) to Grant Application, Attachment III under the terms, covenants, and conditions of this RGA.
2. CALTRANS and AGENCY intend that only funds that are authorized as restricted grants will be subject to this RGA, and that no funds that should be the subject of a Joint Powers Agreement, Interagency Agreement, or other non-grant agreement shall be subject to this RGA.
Now, Therefore, based upon the terms, covenants, and conditions of this RGA, the parties agree as follows:
Section I
AGENCY Agrees:
To timely and satisfactorily complete all Project work described in Attachment III ("Project Work") within the project budget and in accordance with the items of this RGA.
Section II
CALTRANS Agrees:
That when conducting an audit of the costs claimed by AGENCY under the provisions of this RGA, to conduct the audit in accordance with applicable laws and regulations.
Section III
It Is Mutually Agreed:
1. Under this RGA, CALTRANS will convey State grant restricted funds to AGENCY, pursuant to Budget Act Line Item 2660-101-0046T, and AGENCY will use the funds to only conduct the scope of work identified in this agreement and authorized by Streets and Highway Code section 91.41 The funds subject to this RGA must be identified as available to a public entity that is responsible for implementing the scope of work authorized under the Clean California Local Grant Program in CALTRANS' budget, and AGENCY represents and warrants that it is a public entity that is responsible for implementing the scope of work authorized under the Clean California Local Grant Program.
Exhibit 2 316
City of Bell Gardens
Agreement Number CCL-5373-028
AMS ADV ID: 0722000294
2. Under this restricted grant, funds may be only used for the purposes set forth in this RGA, AGENCY Resolution (Attachment IV), Approved Grant Application and Amendment(s) to Grant Application (Attachment III), and the Grant Program Guidelines (Attachment 1), and the funds may only be used for costs and expenses that are directly related to such purpose.
3. AGENCY shall perform all the duties and obligations described in the BG Keep Parks Clean Beautification Project, hereinafter "Project", subject to the terms and conditions of this RGA and Approved Grant Application and Amendment(s) to Grant Application (Attachment III), which are attached hereto as Attachment III.
4. The resolution authorizing AGENCY to execute this RGA pertaining to the above-described Project is attached hereto as Attachment IV.
5. AGENCY is not requesting an advance payment pursuant to California Streets and Highways Code section 94.41(e) and the parties agree that AGENCY must satisfy all of the requirements of California Streets and Highways Code section 94.41(e).
6. All services performed by AGENCY pursuant to this RGA shall be subject to and performed in accordance with California Streets and Highways Code §91.41 including, but not limited to, Government Code Section 14460(a)(1), as well as all applicable Federal, State, and Local laws, regulations, and ordinances, all applicable CALTRANS policies and procedures, and all applicable CALTRANS published manuals, including, but not limited to, the Grant Program Guidelines (Attachment 1).
California Government Code Section 14460(a)(1) provides: "The department [CALTRANS], and external entities that receive state and federal transportation funds from the department, are spending those funds efficiently, effectively, economically, and in compliance with applicable state and Federal requirements. Those external entities include, but are not limited to, private for profit and nonprofit organizations, local transportation agencies, and other local agencies that receive transportation funds either through a contract with the department or through an agreement or grant administered by the department."
Exhibit 2 317
City of Bell Gardens
Agreement Number CCL-5373-028
AMS ADV ID: 0722000294
7. Project funding is as follows:
Fund Title Fund Source Dollar Amount
Clean California Local Grant State General Fund (0001) Funds Budget Item 2660-130-001
State Program Code
20.30.010.900
FY 2021/22 $127,517.00
FY2022/231 $382.550.00
Cash Local Match Agency Provided $0.00
Value of Third-Party In-Kind Agency Provided $0.00 Contributions
Total of other fund sources Agency Provided $0.00 (not in-kind contributions)
Total Project Costs $510,067.00
No in-kind contributions may be made unless the amount and type of the contribution is identified above.
For Caltrans Use Only
I hereby Certify upon my own personal knowledge that budgeted funds are available for encumbrance.
Jennie Yee 05/10/2022 $510,067.00
Accounting Officer Printed Acc unting Of er Date Amount Certified Name Signature
8. This RGA is exempt from the legal review and approval by the Department of General Services, pursuant to Legal Opinions of the Attorney General: 58 Ops. Cal. Atty. Gen. 586 (1975), 63 Ops.
Cal. Atty. Gen. 290 (1980), 74 Ops. Cal. Atty. Gen. 10 (1991), and 88 Ops. Cal. Atty. Gen. 56.
9. Notification of Parties
a. AGENCY's Project Manager for Project is Grissel Chavez, (562) 806-7770. b. CALTRANS' Contract Manager is Tammi Altamirano, (213) 366-2601. "Contract Manager" as used herein includes his/her designee.
c. All notices herein provided to be given, or which may be given, by either party to the other, shall be deemed to have been fully given when made in writing and received by the parties at their respective addresses:
City of Bell Gardens
Attention: Grissel Chavez, Public Works Director
Phone Number: (562) 806-7770
Email: [email protected]
Address: 8327 Garfield Ave., Bell Gardens, CA 902001
Exhibit 2 318
City of Bell Gardens
Agreement Number CCL-5373-028
AMS ADV ID: 0722000294
California Department of Transportation
District 7, Division of Planning
Attention: Tammi Altamirano, Staff Services Analyst
Phone Number: (213) 366-2601
Email: [email protected]
Address: 100 S. Main St. Los Angeles, CA 90012
10. Period of Performance
a. Reimbursable work under this RGA shall begin no earlier than on May 15, 2022, following the written approval of CALTRANS and AGENCY's receipt of the Notice to Proceed letter of this RGA by CALTRANS. All reimbursable work shall terminate no later than June 30, 2024.
Project closeout and final invoicing to CALTRANS must be submitted no later than November 1, 2024. Work incurred after June 30, 2024 will not be reimbursed. Payment shall be forfeit for any and all invoicing submitted to CALTRANS after November 1, 2024. Notwithstanding the foregoing, Caltrans will reimburse for actual close out costs incurred by AGENCY through November 1, 2024 (which, in total, shall not exceed 5% of the grant award). b. If requested by the CALTRANS Contract Manager, AGENCY will attend a kickoff meeting with CALTRANS to be scheduled within one (1) week from receipt of Notice to Proceed sent by CALTRANS.
11. Changes in Terms/Amendments
This Agreement may only be amended or modified by mutual written agreement of the parties.
12. Cost Limitation
a. The maximum total amount granted and reimbursable to AGENCY pursuant to this RGA by CALTRANS shall not exceed $510,067.00.
b. It is agreed and understood that the CCLGP funds are limited to the amount granted.
CALTRANS will only reimburse the cost of services actually incurred in accordance with the provisions of this RGA and as authorized by the CALTRANS Contract Manager at or below that fund limitation established herein.
13. Termination
a. CALTRANS reserves the right to terminate this RGA upon written notice to AGENCY at least 30 days in advance of the effective date of such termination in the event CALTRANS determines (at its sole discretion) that AGENCY failed to proceed with PROJECT Work in accordance with the terms of this RGA. In the event of termination for convenience, CALTRANS will reimburse AGENCY for all allowable, authorized, and non-cancelled costs up to the date of termination.
AGENCY shall return any unused advance amounts which cannot be supported by eligible expenditure documentation.
b. This RGA may be terminated by either party for any reason by giving written notice to the other party at least 30 days in advance of the effective date of such termination. In the event of termination for convenience, CALTRANS will reimburse AGENCY for all costs that are expressly allowable, pre-authorized in writing, and non-cancellable, up to the date of termination.
Exhibit 2 319
City of Bell Gardens
Agreement Number CCL-5373-028
AMS ADV ID: 0722000294
c. AGENCY has 60 days after the Termination Date to submit accurate invoices to CALTRANS to make final allowable payments for Project costs in accordance with the terms of this RGA.
Failure to submit invoices within this period of time shall result in a waiver by AGENCY of its right to reimbursement of expended costs. Costs that are reimbursed and later determined to be ineligible for reimbursement shall be returned by AGENCY to CALTRANS.
14. Budget Contingency Clause
a. It is mutually agreed that if the US Congress or the State Legislature fail to appropriate or allocate funds during the current year and/or any subsequent years covered under this RGA do not appropriate sufficient funds for the program, this RGA shall be of no further force and effect.
In this event, CALTRANS shall have no liability to pay any funds whatsoever to AGENCY or to furnish any other considerations under this RGA and AGENCY shall not be obligated to perform any provisions of this RGA.
b. The certification of FY 2022/23 funds will be contingent upon the passage of the FY 2022/23 Budget. Payment for any work performed that is funded by FY 2022/23 will be delayed if the FY 2022/23 Budget is not signed by June 30, 2022. Pursuant to Government Code (GC), Section 926.10, no late payment penalty shall accrue during any time period for which no Budget Act in effect.
c. If funding for any fiscal year is reduced or deleted by US Congress or State Legislature for purposes of this program, CALTRANS shall have the option to either terminate this RGA with no liability occurring to CALTRANS, or offer an RGA Amendment to AGENCY to reflect reduced amount.
15. Payment and Invoicing
a. AGENCY, its contractors, subcontractors and sub-recipients shall establish and maintain an accounting system and records that properly accumulate and segregate incurred Project costs and matching funds by line. The accounting system of AGENCY, its contractors, all subcontractors, and sub-recipients shall conform to Generally Accepted Accounting Principles (GAAP) and any standards specified by the source of funds, to enable the determination of incurred costs at interim points of completion, and to provide support for reimbursement payment vouchers or invoices.
b. The method of payment for this RGA will be based on the actual allowable costs that are incurred in accordance with the provisions of this RGA and in the performance of the Approved Grant Application and Amendment(s) to Grant Application (Attachment 111). CALTRANS will reimburse AGENCY for expended actual allowable direct costs, and including, but not limited to, labor costs, travel, and contracted consultant services costs incurred by AGENCY in performance of the Project Work. Indirect costs are reimbursable only if the AGENCY has identified the estimated indirect cost rate in Attachment 11 and an approved Indirect Cost Allocation Plan or an Indirect Cost Rate Proposal as set forth in Section III—Cost Principles, Item 16d. The total cost shall not exceed the cost reimbursement limitation set forth in Section III—Cost Limitations, Item 11a. Actual costs shall not exceed the estimated wage rates, labor costs, travel, and other estimated costs and fees set forth in Attachment III without an amendment to this RGA, as agreed between CALTRANS and AGENCY.
Exhibit 2 320
City of Bell Gardens
Agreement Number CCL-5373-028
AMS ADV ID: 0722000294
c. Reimbursement of AGENCY expenditures will be authorized only for those allowable costs actually incurred by AGENCY in accordance with the provisions of this RGA and in the performance of Project Work. AGENCY must not only have incurred the expenditures on or after the start date and the issuance of the Notice to Proceed letter for this RGA and before the Expiration Date but must have also paid for those costs to claim any reimbursement. d. The AGENCY indirect cost rate must be approved in writing by the California Department of Transportation Independent Office of Audits and Investigations or federal cognizant agency before any reimbursement payment is made by CALTRANS to AGENCY for such cost. e. Travel expenses and per diem rates are not to exceed the rate specified by the State of California Department of Human Resources for similar employees (i.e. non-represented employees) unless written verification is supplied that government hotel rates were not then commercially available to AGENCY, its subrecipients, contractors, and/or subcontractors, at the time and location required as specified in the California Department of Transportation's Travel Guide Exception Process at the following link: https://travelpocketguide.dot.ca.gov/ .
Also see website for summary of travel reimbursement rules. f. AGENCY shall submit invoices to CALTRANS at least quarterly, but no more frequently than monthly, in arrears upon completion of project tasks, milestone and/or deliverables in accordance with the Project Timeline in Attachment III to the satisfaction of CALTRANS Contract Manager. Invoices shall reference this RGA Number and shall be signed and submitted to CALTRANS Contract Manager , as stated in Section III—Notification of Parties, Item 8c. g. Invoices shall include the following information:
1) Names of the AGENCY personnel performing work
2) Dates and times of Project Work
3) Locations of Project Work
4) Itemized costs as set forth in Attachment III, including identification of each employee, contractor or subcontractor staff who provided services during the period of the invoice, the number of hours and hourly rates for each employee, contractor, sub-recipient or subcontractor staff member, authorized travel expenses with receipts, receipts for authorized materials or supplies, and contractor, subrecipient and subcontractor invoices. 5) AGENCY shall submit written progress reports with each set of invoices to allow CALTRANS Contract Manager to determine if AGENCY is performing to expectations, is on schedule, is within funding cost limitations, to communicate interim findings, and to afford occasions for airing difficulties respecting special problems encountered so that remedies can be developed.
h. Incomplete or inaccurate invoices shall be returned to the AGENCY unapproved for correction.
Failure to submit invoices on a timely basis may be grounds for termination of this RGA for material breach per Section III—Termination, Item 12.
i. CALTRANS will reimburse AGENCY for all allowable Project costs at least quarterly, but no more frequently than monthly, in arrears as promptly as CALTRANS fiscal procedures permit upon receipt of an itemized signed invoice.
Exhibit 2 321
City of Bell Gardens
Agreement Number CCL-5373-028
AMS ADV ID: 0722000294
j. The RGA Expiration Date refers to the last date for AGENCY to incur valid Project costs or credits and is the date this RGA expires. AGENCY has until November 1, 2024 to make final allowable payments to Project contractors or vendors, and submit the Project's Final Report, as defined in Attachment I and a final invoice to CALTRANS for reimbursement for allowable Project costs. Any unexpended Project funds not invoiced by the 60th day will be reverted and will no longer be accessible to reimburse late Project invoices contractor. k. The final invoice will be paid upon submission by AGENCY to CALTRANS and acceptance by CALTRANS of the Final Delivery Report. Complete final delivery reports and invoices must be submitted to CALTRANS by November 1, 2024.
16. Local Match Funds
a. AGENCY shall contribute not less than a proportional cash amount toward the services described herein on a monthly or quarterly basis. Notwithstanding the foregoing, to the extent that in-kind contributions are permitted and identified under this RGA, Section III—Project Funding, Item 6, the contributions may be counted as cash only when they are actually received by the AGENCY and confirmed by CALTRANS. Except where expressly allowed in writing herein, reimbursement of credits for local matching funds and in-kind contributions will be made or allowed only for work performed on and after the initial date of this Agreement and on or before June 30, 2024.
b. AGENCY agrees to contribute the statutorily required local contribution of matching funds if any is specified within this RGA or in any Attachment hereto, toward the actual cost of the services described in Attachment III. AGENCY shall contribute not less than its required match amount toward the services described herein. Local cash and in-kind match requirements can be found in the Grant Program Guidelines (Attachment 1); but AGENCY must fully satisfy the local cash and in-kind match amount and percentage identified in Section 111, Paragraph 7 with the final invoice.
17. Quarterly Progress Reporting
a. AGENCY shall submit written quarterly progress reports to the CALTRANS Contract Manager to determine if AGENCY is performing to expectations, is on schedule, is within funding cost limitations, to communicate interim findings, and to afford occasions for airing difficulties respecting special problems encountered so that remedies can be developed.
18. Cost Principles
a. AGENCY agrees to comply with Title 2, Code of Federal Regulations (CFR), Part 200, Uniform Administrative Requirements, Cost Principles, and Audit Requirements for Federal Awards.
b. AGENCY agrees, and will assure that its contractors, sub-recipients, in-kind contributors, and subcontractors will be obligated to agree, that (a) Contract Cost Principles and Procedures, 48 CFR, Federal Acquisition Regulations System, Chapter 1, Part 31, et seq., shall be used to determine the allowability of individual Project cost items and (b) and (b) all parties shall comply with Federal administrative procedures in accordance with 2 CFR, Part 200, Uniform Administrative Requirements, Cost Principles, and Audit Requirements for Federal Awards.
Every sub-recipient receiving Project funds as a sub-recipient, contractor, or subcontractor under this RGA shall comply with Federal administrative procedures in accordance with 2 CFR, Part 200, Uniform Administrative Requirements, Cost Principles and Audit Requirements for Federal Awards to the extent applicable.
Exhibit 2 322
City of Bell Gardens
Agreement Number CCL-5373-028
AMS ADV ID: 0722000294
c. Any Project costs for which AGENCY has received payment or credit that are determined by subsequent audit to be unallowable under 2 CFR, Part 200, and/or Part 48, Chapter 1, Part 31, are subject to repayment by AGENCY to CALTRANS. Should AGENCY fail to reimburse moneys due CALTRANS within 30 days of discovery or demand, or within such other period as may be agreed in writing between the parties hereto, CALTRANS is authorized to intercept and withhold future payments due AGENCY from CALTRANS or any third-party source, including, but not limited to, the State Treasurer, the State Controller or any other fund source.
d. Prior to AGENCY seeking reimbursement of indirect costs, AGENCY must have identified estimated indirect cost rate in Attachment II, prepare and submit annually to CALTRANS for review and approval an indirect cost rate proposal and a central service cost allocation plan (if any) in accordance with 2 CFR, Part 200, Uniform Administrative Requirements, Cost Principles, and Audit Requirements for Federal Awards and Chapter 5 of the Local Assistance Procedures Manual which may be accessed at: https:Hdot.ca.gov/-/media/dot- d a/programs/local®assistance/documents/lapm/ch05.pdf
e. AGENCY agrees and shall require that all its agreements with consultants and subrecipients contain provisions requiring adherence to this section in its entirety except for section c, above.
19. Americans with Disabilities Act
By signing this Agreement, LOCAL AGENCY assures CALTRANS that in the course of performing Project Work, it will fully comply with the applicable provisions of the Americans with Disabilities Act (ADA) of 1990, as amended, which prohibits discrimination on the basis of disability, as well as all applicable regulations and guidelines issued pursuant to the ADA (42 USC Section 12101 et seq.).
20. Iran Contracting Act
Proposed Contractor must complete and submit to CALTRANS the Iran Contracting Act Certification certifying that it is not on the most current DGS list of Entities Prohibited from Contracting with Public Entities in California per the Iran Contracting Act, 2010 ( https://www.dgs.ca.gov/PD/Resources/Page® Content/Procurement®Division®Resources®List® Folder/List-of-Ineligible-Businesses), before the Agreement has been executed, unless Contractor is exempted from the certification requirement by Public Contract Code Section 2205(c) or (d). If claiming an exemption, the proposed Contractor shall provide written evidence that supports an exemption under Public Contract Code Section 2203(c) or (d) before execution of the Agreement.
21. Indemnification
a. Neither CALTRANS nor any officer or employee thereof is responsible for any injury, damage, or liability occurring by reason of anything done or omitted to be done by AGENCY, its officers, employees, agents, its contractors, its subrecipients, or its subcontractors under or in connection with any work, authority, or jurisdiction conferred upon AGENCY under this RGA.
It is understood and agreed that AGENCY shall fully defend, indemnify, and save harmless CALTRANS and all of CALTRANS' officers and employees from all claims, suits, or actions of every name, kind, and description brought forth under, including, but not limited to, tortuous, contractual, likeness statutes under California Civil Code §§ 3344 and 3344.1, inverse condemnation, or other theories or assertions of liability occurring by reason of anything done or omitted to be done by AGENCY, its officers, employees, agents, contractors, subrecipients, or subcontractors under this RGA.
Exhibit 2 323
City of Bell Gardens
Agreement Number CCL-5373-028
AMS ADV ID: 0722000294
b. AGENCY agrees to fully defend, indemnify, and save harmless CALTRANS and all of its officers and employees from any and all claims, lawsuits, or legal actions, including reasonable attorneys' fees and legal costs, relating to intellectual property claims arising from or related to the Project and/or any work procured under this RGA, including but not limited to claims based on (1) U.S. federal or state trademark infringement laws, (2) patent infringement laws (3) 17 U.S.C. §§ 101-810 (the Copyright Act of 1976, as modified), (4) 17 U.S.C. § 106A(a) (the Visual Artists Rights Act of 1990, "VARK), (5) 17 U.S.C. § 113, (6) California Civil Code § 987 (the California Art Preservation Act), California Civil Code §989, or (7) any other rights arising under U.S. federal or state laws or under the laws of any other country that conveys rights and protections of the same nature as those conveyed under 17 U.S.C. §106A(a) and California Civil Code §987, including intellectual property claims arising from or related to breach of contract, inverse condemnation, conversion, and/or taking of property.
22. Nondiscrimination Clause (2 CCR 11105 Clause b)
a. During the performance of this RGA, the AGENCY, its contractors, its subrecipients, and its subcontractors shall not deny the contract's benefits to any person on the basis of race, religious creed, color, national origin, ancestry, physical disability, mental disability, medical condition, genetic information, marital status, sex, gender, gender identity, gender expression, age, sexual orientation, or military and veteran status, nor shall they discriminate unlawfully against any employee or applicant for employment because of race, religious creed, color, national origin, ancestry, physical disability, mental disability, medical condition, genetic information, marital status, sex, gender, gender identity, gender expression, age, sexual orientation, or military and veteran status. AGENCY shall ensure that the evaluation and treatment of employees and applicants for employment are free of such discrimination. b. AGENCY shall comply with the provisions of the Fair Employment and Housing Act (Gov. Code Sections 12900 et seq.), the regulations promulgated thereunder (California Code of Regulations, Title 2, Sections 11000 et seq.), the provisions of Article 9.5, Chapter 1, Part 1, Division 3, Title 2 of the Government Code (Gov. Code Sections 11135-11139.5), and the regulations or standards adopted by CALTRANS to implement such article. c. AGENCY shall permit access by representatives of the Department of Fair Employment and Housing and CALTRANS upon reasonable notice at any time during the normal business hours, but in no case less than 24 hours' notice, to such of its books, records, accounts, and all other sources of information and its facilities as said Department or CALTRANS shall require to ascertain compliance with this clause.
d. AGENCY and its contractors, its sub-recipients, 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.
e. AGENCY shall include the nondiscrimination and compliance provisions of this clause in all agreements with its sub-recipients, contractors, and subcontractors, and shall include a requirement in all agreements with all of same that each of them in turn include the nondiscrimination and compliance provisions of this clause in all contracts and subcontracts they enter into to perform work under this RGA.
23. Retention of Records/Audits
a. AGENCY, its contractors, subcontractors, and sub-recipients, agree to comply with Title 2, Code of Federal Regulations (CFR), Part 200, Uniform Administrative Requirements, Cost Principles, and Audit Requirements for Federal Awards.
Exhibit 2 324
City of Bell Gardens
Agreement Number CCL-5373-028
AMS ADV ID: 0722000294
b. AGENCY, its contractors, subcontractors, and sub-recipients shall establish and maintain an accounting system and records that properly accumulate and segregate incurred Project costs and matching funds by line. The accounting system of AGENCY, its contractors, all subcontractors, and sub-recipients shall conform to Generally Accepted Accounting Principles (GAAP), enable the determination of incurred costs at interim points of completion, and provide support for reimbursement payment vouchers or invoices. All accounting records and other supporting papers of AGENCY, its contractors, subcontractors and sub-recipients connected with Project performance under this RGA shall be maintained for a minimum of three (3) years from the date of final payment to AGENCY and shall be held open to inspection, copying, and audit by representatives of CALTRANS, the California State Auditor, and auditors representing the federal government. Copies thereof will be furnished by AGENCY, its contractors, its subcontractors, and sub-recipients upon receipt of any request made by CALTRANS or its agents. In conducting an audit of the costs and match credits claimed under this RGA, CALTRANS will rely to the maximum extent possible on any prior audit of AGENCY pursuant to the provisions of State and AGENCY law. In the absence of such an audit, any acceptable audit work performed by AGENCY's external and internal auditors may be relied upon and used by CALTRANS when planning and conducting additional audits. c. For the purpose of determining compliance with applicable State and AGENCY law in connection with the performance of AGENCY's contracts with third parties pursuant to Government Code Section 8546.7, AGENCY, AGENCY's sub-recipients, contractors, subcontractors, and CALTRANS, shall each maintain and make available for inspection all books, documents, papers, accounting records, and other evidence pertaining to the performance of such contracts, including, but not limited to, the costs of administering those various contracts. All of the above referenced parties shall make such materials available at their respective offices at all reasonable times during the entire Project period and for three (3) years from the date of final payment to AGENCY under this RGA. CALTRANS, the California State Auditor, or any duly authorized representative of CALTRANS or the United States Department of Transportation, shall each have access to any books, records, and documents that are pertinent to a Project for audits, examinations, excerpts, and transactions, and AGENCY shall furnish copies thereof if requested. d. AGENCY, its subrecipients, contractors, and subcontractors will permit access to all records of employment, employment advertisements, employment application forms, and other pertinent data and records by the State Fair Employment Practices and Housing Commission, or any other agency of the State of California designated by CALTRANS, for the purpose of any investigation to ascertain compliance with this RGA.
e. Additionally, all grants may be subject to a pre-award audit prior to execution of this RGA to ensure AGENCY has an adequate financial management system in place to accumulate and segregate reasonable, allowable and allocable costs.
f. Any contract with a contractor, subcontractor, or sub-recipient entered into as a result of this RGA shall contain all the provisions of this article.
Exhibit 2 325
City of Bell Gardens
Agreement Number CCL-5373-028
AMS ADV ID: 0722000294
24. Adjudication of Facts in Disputes
a. Any dispute concerning a question of fact arising under this RGA that is not disposed of by agreement shall be decided by the CALTRANS Contract Officer, who may consider any written or verbal evidence submitted by AGENCY. The CALTRANS Contract Officer shall issue a written decision within 30 days of receipt of the dispute. If AGENCY rejects the decision of the CALTRANS Contract Officer, AGENCY can pursue any and all remedies authorized by law. Neither party waives any rights to pursue remedies authorized by law.
b. Neither the pendency of a dispute nor its consideration by CALTRANS Contract Officer will excuse AGENCY from full and timely performance in accordance with the terms of this RGA.
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26. Third-Party Contracts
a. AGENCY shall perform the work contemplated with resources available within its own organization and no portion of the work shall be contracted to a third party without prior written authorization by the CALTRANS Contract Manager unless expressly included (subrecipient identified) in Attachment III as Project Work. b. All State-government-funded procurements must be conducted using a fair and competitive procurement process. AGENCY may use its own procurement procedures as long as the procedures comply with the local AGENCY's laws, rules, and ordinances governing procurement and all applicable provisions of State law, including, without limitation, the requirement that the AGENCY endeavor to obtain at least three (3) competitive bids for solicitation of goods, services, and consulting services (see Part 2, Chapter 2, Articles 3 and 4 of the Public Contract Code); a qualifications-based solicitation process, for which statements of qualifications are obtained from at least three (3) qualified firms for architecture and engineering services (see Title 1, Division 5, Chapter 10 of the Government Code); and, the applicable provisions of the State Contracting Manual (SCM), Chapter 5, which are not inconsistent with this Item 23, Third Party Contracts. The SCM can be found and the following link: https://www.dgs.ca.gov/OLS/Resources/Pape- Content/Office-of-Legal-Services®Resources®List®Folder/State-Contracting. c. Any contract entered into as a result of this RGA shall contain all the provisions stipulated in this RGA to be applicable to AGENCY's sub-recipients, contractors, and subcontractors.
Copies of all agreements with sub-recipients, contractors, and subcontractors, must be submitted to the CALTRANS Contract Manager.
d. CALTRANS does not have a contractual relationship with the AGENCY's subrecipients, contractors, or subcontractors, and the AGENCY shall be fully responsible for all work performed by its subrecipients, contractors, or subcontractors. e. Prior authorization in writing by the CALTRANS Contract Manager shall be required before AGENCY enters into any non-budgeted sub-agreement. AGENCY shall provide an evaluation of the necessity or desirability of incurring such costs. AGENCY shall retain all receipts for such purchases or services and shall submit them with invoices per Section III— Payment and Invoicing, Item 14(e)(4), above.
Exhibit 2 326
City of Bell Gardens
Agreement Number CCL-5373-028
AMS ADV ID: 0722000294
f. Any contract entered into by AGENCY as a result of this RGA shall mandate that travel and per diem reimbursements and third-party contract reimbursements to subrecipients, contractors, and subcontractors, will be allowable as Project costs only after those costs are incurred and paid for by the subrecipients, contractors, and subcontractors. Travel expenses and per diem rates for subcontractors shall be reimbursed pursuant to Section III—Payment and Invoicing, Item 14c, above.
27. Drug-Free Workplace Certification
By signing this RGA, AGENCY hereby certifies under penalty of perjury under the laws of California that AGENCY will comply with the requirements of the Drug-Free Workplace Act of 1990 (Gov. Code Sections 8350 et seq.) and will provide a Drug-Free workplace by doing all of the following:
a. Publish a statement notifying employees that unlawful manufacture, distribution, dispensation, possession, or use of a controlled substance is prohibited and specifying actions to be taken against employees for violations, as required by Government Code Section 8355(a). b. Establish a Drug-Free Awareness Program as required by Government Code Section 8355(a)(2) to inform employees about all of the following:
1) The dangers of drug abuse in the workplace.
2) The person's or organization's policy of maintaining a Drug-Free workplace. 3) Any available counseling, rehabilitation, and employee assistance programs. 4) Penalties that may be imposed upon employees for drug abuse violations. c. Provide, as required by Government Code Section 8355(a)(3), that every employee who works on the proposed contract or grant:
1) Will receive a copy of the company's Drug-Free policy statement. 2) Will agree to abide by the terms of the company's statement as a condition of employment on the contract or grant.
d. Failure to comply with these requirements may result in suspension of payments under this RGA or termination of this RGA or both, and AGENCY may be ineligible for the award of any future state contracts if CALTRANS determines that any of the following has occurred: (1) AGENCY has made a false certification or, (2) AGENCY violates the certification by failing to carry out the requirements as noted above.
28. Relationship of Parties
It is expressly understood that this agreement is executed by and between two (2) independent governmental entities and is not intended to, and shall not be construed to, create the relationship of agent, servant, employee, partnership, joint venture or association, or any other relationship whatsoever other than that of an independent party.
29. State-Owned Data
a. AGENCY agrees to comply with the following requirements to ensure the preservation, security, and integrity of State-owned data on portable computing devices and portable electronic storage media:
Exhibit 2 327
City of Bell Gardens
Agreement Number CCL-5373-028
AMS ADV ID: 0722000294
1) Encrypt all State-owned data stored on portable computing devices and portable electronic storage media using government-certified Advanced Encryption Standard (AES) cipher algorithm with a 256-bit or 128-bit encryption key to protect CALTRANS data stored on every sector of a hard drive, including temp files, cached data, hibernation files, and even unused disk space.
2) Data encryption shall use cryptographic technology that has been tested and approved against exacting standards, such as FIPS 140-2 Security Requirements for Cryptographic Modules.
3) Encrypt, as described above, all State-owned data transmitted from one computing device or storage medium to another.
4) Maintain confidentiality of all State-owned data by limiting data sharing to those individuals contracted to provide services on behalf of the State, and limit use of State information assets for State purposes only.
5) Install and maintain current anti-virus software, security patches, and upgrades on all computing devices used during the course of the Agreement. 6) Notify the CALTRANS Contract Manager immediately of any actual or attempted violations of security of State-owned data, including lost or stolen computing devices, files, or portable electronic storage media containing State-owned data. 7) Advise the owner of the State-owned data, the AGENCY Information Security Officer, and the AGENCY Chief Information Officer of vulnerabilities that may present a threat to the security of State-owned data and of specific means of protecting that State-owned data. b. AGENCY agrees to use the State-owned data only for State purposes under this Agreement. c. AGENCY agrees to not transfer State-owned data to any computing system, mobile device, or desktop computer without first establishing the specifications for information integrity and security as established for the original data file(s) (State Administrative Manual (SAM) Section 5335.1).
30. CALTRANS' Use of"Before" and "After" Project Photographs a. AGENCY acknowledges it provided a "Before" photograph of the Project with the AGENCY's application for the Clean California Local Grant Program. AGENCY acknowledges and agrees it must provide an "After" photograph of the Project as part of the close out reporting process.
b. AGENCY warrants it is the copyright owner of the "Before" and "After" Project photographs. c. Neither the "Before" nor "After" Project photographs shall include the faces of any individuals.
d. AGENCY grants to CALTRANS an irrevocable, perpetual, royalty-free, sublicensable, unlimited, worldwide license to prepare derivative works, make, publish, display, and distribute two-dimensional reproductions and/or copies, digitally and in print, of the "Before" and "After" Project photographs, or derivatives thereof, for non-commercial purposes or any State government purposes. This includes, but is not limited to, reproductions used in brochures, media publicity, public outreach campaigns (including television and social media campaigns), education, and exhibition catalogues or other similar publication. e. When applicable, AGENCY shall obtain and provide to CALTRANS any and all documentation CALTRANS reasonably determines is necessary or desirable to perfect the license described in this RGA to CALTRANS. This documentation shall be provided to CALTRANS within fifteen (15) days of written notice that this documentation is required.
Exhibit 2 328
City of Bell Gardens
Agreement Number CCL-5373-028
AMS ADV ID: 0722000294
31. Limited Grant of Rights to CALTRANS for Use of Educational Programming ("educational programming") Created or Produced for Project and Visual Art Located Outside of State Right-of- Way ("Artwork") Created or Produced for Project
a. Educational programming:
i. AGENCY shall obtain from any and all copyright owner(s) of educational programming a sublicensable, irrevocable, perpetual, royalty-free, unlimited, worldwide license to prepare derivative works, make, publish, display, and distribute two-dimensional reproductions and/or copies, digitally and in print, of the educational programming created or produced for Project under this RGA, or derivatives thereof, for non-commercial purposes or any State government purposes. This includes, but is not limited to, reproductions used in brochures, media publicity, public outreach campaigns (including television and social media campaigns), education, exhibition catalogues or other similar publication. AGENCY shall obtain any and all other intellectual property rights necessary to make this grant to CALTRANS as described in this RGA.
ii. AGENCY grants to CALTRANS an irrevocable, perpetual, royalty-free, sublicensable, unlimited, worldwide license to prepare derivative works, make, publish, display, and distribute two-dimensional reproductions and/or copies, digitally and in print, of the educational programming created or produced for Project under this RGA, or derivatives thereof, for non-commercial purposes or any State government purposes. This includes, but is not limited to, reproductions used in brochures, media publicity, public outreach campaigns (including television and social media campaigns), education, and exhibition catalogues or other similar publication.
iii. When applicable, AGENCY shall obtain and provide to CALTRANS any and all documentation CALTRANS reasonably determines is necessary or desirable to perfect the license or sublicense described in this RGA to CALTRANS. This documentation shall be provided to CALTRANS within fifteen (15) days of written notice that this documentation is required.
iv. To the extent any logos, including trademarks or service marks, belonging to third parties and/or the AGENCY are used on educational programming created or produced for Project under this RGA, AGENCY agrees to obtain and grant all necessary rights for CALTRANS to use and allow agents of CALTRANS to use the logos in connection with use of the educational programming for non-commercial purposes or State government purposes. This includes but is not limited to reproductions used in brochures, media publicity, public outreach campaigns (including television and social media campaigns), education and exhibition catalogues or other similar publication. This documentation shall be provided to CALTRANS within fifteen (15) days of written notice that this documentation is required. b. Artwork:
i. AGENCY shall obtain from the artist(s), or any other copyright owner(s) of Artwork, a sublicensable, irrevocable, perpetual, royalty-free, unlimited, worldwide license to prepare derivative works, make, publish, display, and distribute two-dimensional reproductions and/or copies, digitally and in print, of Artwork created or produced for Project under this RGA, or derivatives thereof, for non-commercial purposes or any State government purposes. This includes, but is not limited to, reproductions used in brochures, media publicity, public outreach campaigns (including television and social media campaigns), education, and exhibition catalogues or other similar publication. AGENCY shall obtain any and all other intellectual property rights necessary to make this grant to CALTRANS as described in this Exhibit 2 329
City of Bell Gardens
Agreement Number CCL-5373-028
AMS ADV ID: 0722000294
RGA.
ii. AGENCY grants to CALTRANS an irrevocable, perpetual, royalty-free, sublicensable, unlimited, worldwide license to prepare derivative works, make, publish, display, and distribute two-dimensional reproductions and/or copies, digitally and in print, of Artwork created or produced for Project under this RGA, or derivatives thereof, for non-commercial purposes or any State government purposes. This includes, but is not limited to, reproductions used in brochures, media publicity, public outreach campaigns (including television and social media campaigns), education, and exhibition catalogues or other similar publication.
iii. AGENCY shall obtain and provide to CALTRANS any and all documentation CALTRANS reasonably determines is necessary or desirable to perfect the license or sublicense described in this RGA to CALTRANS. This documentation shall be provided to CALTRANS within fifteen (15) days of written notice that this documentation is required.
32. Government Purpose Rights for Inventions
a. Inventions are any idea, methodologies, design, concept, technique, invention, discovery, improvement or development regardless of patentability made solely by AGENCY or jointly with the AGENCY's contractor, subcontractor and/or subrecipient during the term of this RGA and in performance of any work under this RGA, provided that either the conception or reduction to practice thereof occurs during the term of this RGA and in performance of work issued under this RGA.
b. CALTRANS will have Government Purpose Rights to any inventions created as a result of the Project. "Government Purpose Rights" are the unlimited, irrevocable, worldwide, perpetual, royalty-free, non-exclusive rights, and licenses to use, modify, reproduce, perform, release, display, create derivative works from, and disclose any said invention. "Government Purpose Rights" also include the right to release or disclose said invention(s) outside CALTRANS for any State government purpose and to authorize recipients to use, modify, reproduce, perform, release, display, create derivative works from, and disclose the invention(s) for any State government purpose. "Government Purpose Rights" do not include any rights to use, modify, reproduce, perform, release, display, create derivative works from, or disclose the invention(s) for any commercial purpose.
33. Additional Intellectual Property Provisions
a. To the extent any intellectual property is created or produced for Project under this RGA, and not covered in other provisions of this RGA, AGENCY agrees to take reasonable steps to ensure that CALTRANS has the rights necessary to allow for use of the intellectual property in a fashion substantially similar to other rights for non-commercial uses and State government purposes described in this RGA.
b. If additional uses are reasonably determined to be needed by CALTRANS for public outreach purposes, AGENCY will obtain rights and grant CALTRANS and its agents said additional rights for use of the "Before" and "After" Project photos, Artwork created or produced for Project under this RGA, and educational programming created or produced for Project under this RGA. The grant will be an irrevocable, non-exclusive, perpetual, royalty-free, sublicensable, unlimited, worldwide license.
c. When requested to so do by AGENCY, all reproductions and/or copies by CALTRANS of "Before" or "After" Project photographs, educational programming, and Artwork shall contain a credit to the Artist/Copyright owner(s) and a copyright notice in substantially the following form:
© [Artist/Copyright owner's name, date of publication]. AGENCY bears sole responsibility to Exhibit 2 330
City of Bell Gardens
Agreement Number CCL-5373-028
AMS ADV ID: 0722000294
promptly notify CALTRANS, in writing, about instances where such accreditation is requested and provide the Artist/ Copyright owner's name and date of publication. CALTRANS will make reasonable efforts to affix the copyright notice in a timely manner. d. Required disclaimer language for educational programming and Artwork created or produced for Project under this RGA.
i. Educational programming: AGENCY must place a disclaimer statement in a conspicuous manner on the educational programming created or produced for Project under this RGA a disclaimer that states the content of the educational programming does not reflect the official views or policies of CALTRANS. The educational programming does not constitute a standard, specification, or regulation.
ii. Artwork: AGENCY must place a disclaimer statement in a conspicuous manner on or in close proximately to the Artwork created or produced for Project under this RGA a disclaimer statement that the contents of the artwork do not reflect the official views or policies of CALTRANS.
e. Avoidance of Infringement: In performing work under this RGA, AGENCY and its employees agree to avoid designing or developing any items that infringe one or more patents or other intellectual property rights of any third party. If AGENCY or its employees becomes aware of any such possible infringement in the course of performing any work under this RGA, AGENCY or its employees shall immediately notify CALTRANS in writing. f. Contractors, Subcontractors, and Subrecipients: Through contract with its sub-recipients, contractors, and subcontractors, AGENCY shall affirmatively bind by contract all of its contractors, subcontractors, subrecipients, and service vendors (hereinafter "AGENCY's Contractor/Subcontractor/Subrecipient") providing services under this RGA to conform to the provisions of paragraphs 31-33 of this RGA. In performing services under this RGA, AGENCY's Contractor/Subcontractor/Subrecipient shall agree to avoid designing or developing any items that infringe one (1) or more patents or other intellectual property rights of any third party. If AGENCY's Contractor/Subcontractor/Subrecipient becomes aware of any such possible infringement in the course of performing any work under this RGA, AGENCY's Contractor/Subcontractor/Subrecipient shall immediately notify the AGENCY in writing, and AGENCY will then immediately notify CALTRANS in writing.
34. Visual Art Located on California State Right-of-Way AGENCY agrees if Project involves visual art located on California State right-of-way, Project must be submitted and adhere to CALTRANS' most current Transportation Art Proposal process, policies, guidelines, and requirements. Information regarding CALTRANS' Transportation Art program can be found at rchitecture®and®
community®livability/lar�-liv-i®transportation®art. AGENCY bears sole responsibility for ensuring that any Project will be timely submitted through CALTRANS' Transportation Art Proposal process, approved, and installed prior to any deadlines as required by this RGA. a. AGENCY acknowledges that funds provided by CALTRANS under this RGA shall not be used for maintenance outside of the project time limits as provided in this RGA. b. AGENCY acknowledges that the CALTRANS' Transportation Art Proposal process requires, among other things, CALTRANS ownership of any tangible visual final artwork, an unlimited, irrevocable copyright assignment to CALTRANS of the final artwork, and waiver of moral rights under California Civil Code § 987 (the California Art Preservation Act) and 17 U.S.C. § 106A(a) (the Visual Artists Rights Act of 1990, WARK) of the final artwork.
Exhibit 2 331
City of Bell Gardens
Agreement Number CCL-5373-028
AMS ADV ID: 0722000294
c. AGENCY acknowledges that any submittal to the CALTRANS' Transportation Art Proposal process includes restrictions on the type of work that can be located on California State right-of- way.
35. Assumption of Risk and Indemnification Regarding Exposure to Environmental Health Hazards In addition to, and not a limitation of, Contractor's indemnification obligations contained elsewhere in this Agreement, Contractor hereby assumes all risks of the consequences of exposure of Contractor's employees, agents, Subcontractors, Subcontractors' employees, and any other person, firm, or corporation furnishing or supplying work services, materials, or supplies in connection with the performance of this Agreement, to any and all environmental health hazards, local and otherwise, in connection with the performance of this Agreement. Such hazards include, but are not limited to, bodily injury and/or death resulting in whole or in part from exposure to infectious agents and/or pathogens of any type, kind or origin. Contractor also agrees to take all appropriate safety precautions to prevent any such exposure to Contractor's employees, agents, Subcontractors, Subcontractors' employees, and any other person, firm or corporation furnishing or supplying work services, materials, or supplies in connection with the performance of this Agreement. Contractor also agrees to indemnify and hold harmless CALTRANS, the State of California, and each and all of their officers, agents and employees, from any and all claims and/or losses accruing or resulting from such exposure. Except as provided by law, Contractor also agrees that the provisions of this paragraph shall apply regardless of the existence or degree of negligence or fault on the part of CALTRANS, the State of California, and/or any of their officers, agents and/or employees.
36. Mandatory Organic Waste Recycling
It is understood and agreed that pursuant to Public Resources Code Sections 42649.8 et seq., if Contractor generates two (2) cubic yards or more of organic waste or commercial solid waste per week, Contractor shall arrange for organic waste or commercial waste recycling services that separate/source organic waste for organic waste recycling. Contractor shall provide proof of compliance, i.e. organic waste recycling services or commercial waste recycling services that separate/source organic waste recycling, upon request from CALTRANS Contract Manager
37. Project Close Out/Closeout Report
a. AGENCY will provide a final close out report to the CALTRANS Contract Manager no later than November 1, 2024.
CALTRANS reserves the right to inspect the project location prior to approving the final invoice and closeout report.
b. CALTRANS reserves the right to withhold final payment to AGENCY pending receipt and approval of the final closeout report by the CALTRANS Contract Manager. c. Payments shall be forfeit if invoices are submitted after November 1, 2024.
Exhibit 2 332
City of Bell Gardens
Agreement Number CCL-5373-028
AMS ADV ID: 0722000294
38. ADA Compliance
All entities that provide electronic or information technology or related services that will be posted online by CALTRANS must be in compliance with Government Code Sections 7405 and 11135 and the Web Content Accessibility Guidelines (WCAG) 2.0 or subsequent version, published by the Web Accessibility Initiative of the World Wide Web Consortium at a minimum Level AA success. All entities will respond to and resolve any complaints/deficiencies regarding accessibility brought to their attention.
39. Prevailing Wages and Labor Code Compliance
AGENCY shall comply with any and all applicable labor and prevailing wage requirements in Labor Code Sections 1720 through 1815 and implementing regulations for any public works or maintenance contracts and subcontracts executed for the AGENCY's work on or for the Project.
40. In the event of any inconsistency between the provisions which constitute this RGA, the following order of precedence shall apply:
1. This Restricted Grant Agreement (as amended);
11. The CALTRANS Local Grant Program Guidelines;
111. Approved Indirect Cost Rate (if applicable);
IV. Approved Grant Application (as amended); and
V. AGENCY Resolution.
41. Survival
AGENCY's representations, the indemnification provisions in paragraph 21, intellectual property provisions in paragraphs 30, 31, 32, and 33, and all other provisions which by their inherent character establish ongoing obligations shall remain in full force and effect, regardless of any expiration and/or termination of this RGA.
42. Sanctions
No agreements under this RGA shall be made with individuals and/or entities that are determined to be a target of sanctions by the State of California while such sanctions are in effect.
Exhibit 2 333
City of Bell Gardens
Agreement Number CCL-5373-028
AMS ADV ID: 0722000294
Section IV
Attachments:
The following attachments are incorporated into, and are made a part of this RGA by this reference and attached hereto.
1. Grant Program Guidelines
11. Approved Indirect Cost Rate (if applicable)
111. Approved Grant Application and Amendment(s) to Grant Application (if applicable) IV. AGENCY Resolution
In Witness Whereof, the parties hereto have executed this RGA on the day and year first herein above written:
STATE OF CALIFORNIA CITY OF BELL GARDENS
DEPARTMENT OF TRANSPORTATION
By: By:
Printed Name: Printed Name:
Gretchen Chavez
Title: Title:
Office Chief
Clean California Local Grant Program
Division of Local Assistance
Date: Date:
By:
Printed Name:
Title:
Date:
Exhibit 2 334
CITY OF BELL GARDENS
ii rrrrrr, ' OFFICE OF THE CITY MANAGER
AGENDA REPORT
Item 13.
...................................................................................................................................................................................................................................................................................................................................................................................................................................................................................................................................
TO: Honorable Mayor and City Council Members
FROM: Michael B. O'Kelly, City Manager
BY: Grissel Chavez, Director of Public Works
SUBJECT: RESOLUTION APPROVING THE SECOND AMENDMENT TO
ENGINEERING SERVICES AGREEMENT WITH INFRASTRUCTURE
ENGINEERS
DATE: June 13, 2022
RECOMMENDATION:
It is staff's recommendation that the City Council by motion:
Approve the attached Resolution authorizing the Second Amendment to the agreement with Infrastructure Engineers for engineering services; extending term by one year ending in November 26, 2023.
BACKGROUND/DISCUSSION:
The current engineering services agreement with Infrastructure Engineers ("I E") is set to expire on November 27, 2022. City Council awarded the original three-year agreement on November 13, 2017, with an effective date of November 27, 2017, which included an optional two (2) year extension, following a Request for Proposals (RFP) competitive process. The original term of the agreement and the extensions called for in the agreement have now been exhausted.
Staff is recommending Council approve an extension for one year, setting a new term end date of November 27, 2023. Effective November 28, 2022, I E's fees will be replaced with 2022-23 Hourly Rate Schedule which is included as an exhibit to the Amendment. All other terms and conditions shall remain the same.
Staff will initiate the process in early 2023 to pursue a new competitive procurement through the issuance of an RFP. Upon conclusion of the process, staff anticipates entering into a new multi- year contract with the successful proposers by October 2023.
CONCLUSION:
Approving the Second Amendment extending the term for one additional year will allow staff to initiate the process for a competitive procurement through RFP, without interruptions.
FISCAL IMPACT:
Funding for contract engineering services will be included in the FY 2022/23 budget. 335
ATTACHMENTS:
Exhibit 1 - Resolution No. 2022-52
Exhibit 2 - Second Amendment with Exhibits
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 336
RESOLUTION NO. 2022-52
A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF BELL
GARDENS, CALIFORNIA, APPROVING A SECOND AMENDMENT TO
THE PROFESSIONAL SERVICES AGREEMENT BETWEEN THE CITY
OF BELL GARDENS AND INFRASTRUCTURE ENGINEERS
WHEREAS, on May 8, 2017, the City executed and entered into a Professional Services Agreement with Infrastructure Engineers (Consultant) for engineering services; and
WHEREAS, the Master Agreement was revised by way of an Amendment that was executed on January 31, 2019 (hereinafter, "First Amendment"); and WHEREAS, the Master Agreement was later extended by way of a side letter that was executed on October 5, 2020 (hereinafter, "Side Letter No. 1"); and WHEREAS, the Master Agreement was once again extended by way of a side letter that was executed on October 5, 2021 (hereinafter, "Side Letter No. 2"); and WHEREAS, the City now desires to amend the existing Agreement to extend the term of the Agreement and adopt a revised Fee Schedule.
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 discussion, hereby finds that the above recitals are true and correct and incorporate them herein.
SECTION 2. Based upon the above recitals, the staff report accompanying this Resolution, and such other oral and written evidence, the Bell Gardens City Council hereby approves a Second Amendment to the Agreement with Infrastructure Engineers which is attached to the staff report as Exhibit 2.
SECTION 3. The City Council further authorizes and directs the City Manager and staff to execute the Second Amendment and 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 its approval.
PASSED, APPROVED and ADOPTED this 13t" day of June, 2022. [Signatures on the following page]
Exhibit 1 337
Resolution No. 2022-52
THE CITY OF BELL GARDENS
Maria Pulido, Mayor
APPROVED AS TO FORM: ATTEST:
Rick Olivarez Jane Halstead
City Attorney City Clerk
2 of 2
Exhibit 1 338
2022
SECOND AMENDMENT TO PROFESS IONALSERVICES AGREEMENT
(Engagement: Engineering Services)
(Parties: City of Bell Gardens and Infrastructure Engineers) THIS SECOND AMENDMENT (hereinafter, "Second Amendment") to that certain agreement entitled "Professional Services Agreement Between the City of Bell Gardens and Infrastructure Engineers" and dated November 27, 2017 (hereinafter, "Master Agreement"), is hereby made and entered into this _ day of , 2022 (hereinafter, "Effective Date") by and between CITY OF BELL GARDENS, a municipal corporation (hereinafter, "City") and INFRASTRUCTURE ENGINEERS (hereinafter, "Consultant"). For purposes of this Second Amendment, the capitalized term "Parties" shall be a collective reference to both City and Consultant. The capitalized term "Party" may refer to either City or Consultant interchangeably, as appropriate.
RECITALS
This Second Amendment is made and entered into with respect to the following facts:
WHEREAS, on November 27, 2017, the Parties executed and entered into a Professional Services Agreement for the Consultant to provide solid waste consultant services; and
WHEREAS, the Master Agreement was revised byway of an Amendment that was executed on January 31, 2019 (hereinafter, "First Amendment"); and WHEREAS, the Master Agreement was later extended by way of a side letter that was executed on October 5, 2020 (hereinafter, "Side Letter No. V); and WHEREAS, the Master Agreement was once again extended by way of a side letter that was executed on October 5, 2021 (hereinafter, "Side Letter No. 2"); and WHEREAS, for purposes of this Second Amendment, the Master Agreement as amended by way of the First Amendment, Side Letter No. 1 and Side Letter No. 2 may be referred to collectively as the "Agreement". The Agreement is attached and incorporated hereto as Exhibit "A"; and
WHEREAS, the Agreement is set to expire on November 27, 2022; and WHEREAS, the Parties wish to modify the Agreement to extend the Term of the Agreement to allow the City to undergo a rigorous Request for Proposals process; and WHEREAS, the Parties further wish to adopt the revised "2022-2023 Hourly Rate Schedule", which is attached and incorporated hereto as Exhibit "B" (hereinafter, Exhibit 2 339
"Revised Rate Schedule") which shall take effect November 28, 2022 in order to cover the extended term of the Agreement.
NOW, THEREFORE, in consideration of the mutual agreements contained herein, and other good and valuable consideration, the receipt and sufficiency of which is hereby acknowledged, and intending to be legally bound hereby, the Parties agree as follows:
SECTION 1. Section 4.1 (TERM) of the Master Agreement is hereby amended to extend the term of the Master Agreement through November 27, 2023.
SECTION 2. Section 5.1 (CONSULTANT SERVICES) of the Master Agreement is hereby amended to remove mention of hourly fees which shall now be addressed in the Compensation Section.
SECTION 3. Section 6.1 (COMPENSATION) of the Master Agreement is hereby amended to read as follows:
6.1 Consultant shall perform the services identified in the Scope of Services in accordance with the "2022-2023 Hourly Rate Schedule" which is attached and incorporated hereto as Exhibit "B" (hereinafter, "Revised Rate Schedule") which shall take effect November 28, 2022.
SECTION 4. Except as otherwise set forth in this Second Amendment, the Master Agreement, First Amendment, Side Letter No. 1 and Side Letter No. 2 shall remain binding, controlling, and in full force and effect. Section 18.9 of the Master Agreement notwithstanding, this Second Amendment, together with the Master Agreement, First Amendment, Side Letter No. 1 and Side Letter No. 2, shall constitute the entire, complete, final, and exclusive expression of the Parties with respect to the matters addressed in both documents.
SECTION 5. The provisions of this Second Amendment shall be deemed a part of the Master Agreement, First Amendment, Side Letter No. 1 and Side Letter No. 2 and except, as otherwise provided under this Second Amendment, the Master Agreement, First Amendment, Side Letter No. 1 and Side Letter No. 2 and all provisions contained therein shall remain binding and enforceable. In the event of any conflict or inconsistency between the provisions of this Second Amendment and the provisions of the Master Agreement, First Amendment, Side Letter No. 1 and Side Letter No. 2, the provisions of this Second Amendment shall control, but only in so far as such provisions conflict with the Master Agreement, First Amendment, Side Letter No. 1 and Side Letter No. 2 and no further.
[SIGNATURES ON NEXT PAGE]
Exhibit 2 340
IN WITNESS WHEREOF, the Parties hereto have caused this Second Amendment to be executed on the day and year first appearing above.
CITY: CONSULTANT:
CITY OF BELL GARDENS INFRASTRUCTURE ENGINEERS
By: By:
Michael B. O'Kelly, City Manager
Name:
Title:
Date:
Date:
APPROVED AS TO FORM:
By:
Rick Olivarez, City Attorney
Date:
Exhibit 2 341
EXHIBIT "A"
AGREEMENT
Exhibit 2 342
11I/11/Jll 4
6 ��
October 5, 2021
Sid J. Mousavi, Chief Executive Officer
Infrastructure Engineers
3060 Saturn Street, Suite 250
Brea, CA 92821
Re: Letter Agreement for One (1) Year Extension to Infrastructure Engineers Agreement Dear Mr. Mousavi,
This Letter confirms the mutual agreement between the City of Bell Gardens ("City") and Infrastructure Engineers ("Consultant") (collectively the "Parties") to extend the existing agreement between the Parties for professional engineering services. The term of the existing Agreement is for three years beginning on the date set on November 27, 2017 with an option to renew for two additional years exercisable by the City Manager.
Accordingly, the City and Consultant now desire to extend the term of the Agreement one (1) year for the period commencing November 27, 2021 and ending November 27, 2022 ("Extension Term"). The Parties agree that all remaining terms of the Agreement shall remain in full force.
By executing below, the undersigned Parties agree to the Extension Term as described herein.
Please sign where indicated below and return the signed original of this Letter to address above at your earliest convenience. If you have any questions, please feel free to contact me at 562-806-7702.
Sincerely,
City of Bell Gardens ("City")
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Michael B. O'Kelly, City Mane-6....r
01 Infrastructure Engineers ("Consultant")
Sid J. ousavi, Chief Executive Officer
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7100 Garfield Avenue•Bell Gardens,CA 90201.562-8067700•wwwbellgardens.org October 5, 2020
Farzad Dorrani, CEO
Infrastructure Engineers
3060 Saturn Street, Suite 250
Brea, CA 92821
Re: Letter Agreement for One (1) Year Extension to Infrastructure Engineers Agreement Dear Mr. Dorrani,
This Letter confirms the mutual agreement between the City of Bell Gardens ("City") and Infrastructure Engineers ("Consultant") (collectively the "Parties") to extend the existing agreement between the Parties for professional engineering services. The term of the existing Agreement is for three years beginning on the date set on November 27, 2017 with an option to renew for two additional years exercisable by the City Manager.
Accordingly, the City and Consultant now desire to extend the term of the Agreement one (1) year for the period commencing November 27, 2020 and ending.November 27, 2021 ("Extension Term"). The Parties agree that all remaining terms of the Agreement shall remain in full force.
By executing below, the undersigned Parties agree to the Extension Term as described herein.
Please sign where indicated below and return the signed original of this Letter to address above at your earliest convenience. If you have any questions, please feel free to contact me at (562) 334- 1790.
Sincerely,
City of Bell Gardens "City")
Michael B. O'Kelly, City Man ger
Infrastructure Engineers ("Consultant")
f = l` Farzad Dorrani, CEO
Exhibit 2 344
A ENTE➢MENT TO THE ENGINEERING SERVICES AGREEMENT
T j
BETWEEN THE CITY OF BELL GARDENS AND
INFRASTRUCTURE ENGINEERS
This amendment (AMENDMENT) to the engineering services agreement ("AGREEMENT") is entered into by and between the City of Bell Gardens, a California. municipal corporation ("CITY"') and Infrastructure Engineers ("'CONSULTANT"), this 31 "aay of January, 2019.
The CITY has entered into an Agreement with the United. States of America. through. its Department of Dousing and Urban Development (HUD) to execute the LOS ANGEL ES COUNTY Community Development Block Grant (CDBG) Program under the Dousing and.
Community Development Act of 1.974, Public I.,aw 93•383, as amended., and WHEREAS, CITY AND CONSUL TA ICI T entered into a certain agreement dated November 21, 2017 for engineering services; and
WHEREAS, the engineering services provided by CONSULTANT are necessary for various Community Development Block Grants (CDBG) funded projects, and City will use CDBG funds to pay for these services; and.
WHEREAS, the CONSULTANT will assist the CITY in utilizing such funds.
NOW, THEREFORE,, in consideration of the mutual covenants, benefits, and promises CDBG contract and federal provisions CITY' and CONSULTANT hereby agree to arnend the professional services agreement of November 27, 2017, to add a new Section 19, and. accompanying exhibits, to read as follows: "Section 19, Consultant's Compliance with CDBG Requirements, Consultant hereby agrees to abide by all requirements set forth in Exhibits E, C, and. D, attached hereto, in relation to Consultant's provisions of services as previously set forth. in Section 5 of this agreement."
All other terms and conditions of the Agreement shall remain unaffected by this Amendment.
TO EFFEC",'TCUA.'T['E, THIS AGREEMENT, the parties have caused their duly authorized. representatives to execute ttris Agreement on the dates set forth below. 66cit-y99 "Consultant"
nt"
City of bell Gardens Infrastructure Engineers
By, w,,..N> wl By:
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' Acting Ci.y Manager
Datea ca Dt .., ef
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Exhibit 2 345
EXHIBIT B
COMMUNITY DEVELOPMENT BLOCK GRANT (CDBG) CONTRACT
AND IFEDRAL PROVISIONS
During the performance of this Agreement, CONSULTAN'r agrees to comply with -the -following Federal provisions:
1. Noin-,Discrimination and EqUal Employrnent Opportunity.
A. Consuftant shall riot discriminate as to race, color, creed, religion, sex, marital status, national origin, ancestry, age, physical or mental handicap, medical condition, or sexual orientation, in the performance of its services and duties pUrsi,,iant 'to this Agreement, and will comply with all rules and regulations of City relating 'thereto. Such nondiscrimination shall include but riot be lirnited to the following: employment, upgrading, demotion, transfers, recruitment or recruitment advertising; layoff or- termination; rates of pay or other forms of compensation; and selection for training, including apprenticeship.
B. ConsiAltant will, in all solicitations or advertisements for employees placed by or on behalf of Consultant state either that it is an equal opportunity employer or that all qualified applicants will receive consideration for employment without regard to race, color, creed, religion, sex, marital status, national origin, ancestry, age, physical or mental handicap, medical condition, or- sexual orientation.
C. Consultant will cause the foregoing provisions to be inserted in all subcontracts for any work covered by this Agreement except contracts or subcontracts for standard commercial supplies or raw materials.
D. Executive Order 1124.6 requires that during the performance of this Agreement, ConSLA[tant agrees not -to discriminate against any ernployee or applicant for employment because of race, religion, sex, color or national origin. Consultant will take affirmative action -to ensure that applicants are employed, and that employees are -treated during employrnent, without regard to their race, religion, sex, color or national origin. Such action shall include, but not be limited to the following: employment, upgrading, dernotion, or transfer, rates of pay or other forms of compensation, and selection -for training, including apprenticeship, Consultant agrees to post in conspiCUOUS places, available to employees and applicants for employment, notices to be provided by the ConSultant setting forth the provisions of this nondiscrimination claLAse.
E. Section 3 of the IdOUsing and Community Deve1oprn(,.:,,nt Act of 1968, as amended, 12 U .C. 1701 et seq., requires that, to the greatest extent feasible, opportunities for 'training arid employment be given to lower income residents of the project area and contracts for work in connection with the project be awarded -to business concerris whir: i are located in or owned in substantial part by persons residing in the area of the project.
F� Title V f the Civil Rights Act of 1964 provides that no person shall, on the ground of race, color or riationW origin, be excluded frorn participation in, be denied the benefits of, or be subject to discrifflination under any program or activity receiving federal financial assistance.
Exhibit 2 3416
G. Section 109, Title I of the HOLAsing and Community Development Act of 1974 provides that no person shall, on the grounds of race, color, national origin, or sex be excluded from participation in, be denied the benefits of, or be subjected to discrimination under any prograrn of activity funded in whole or in part with funds made available under this 'title.
H. Any prohibition against discrirnination on -the basis of age under the Age Discrimination Act of 1975, or with respect to an otherwise qualified handicapped individual, as provided in Section 504 of the Rehabilitation Act of 1973, sliall also apply.
2. Conflict of Interest
The Consultant, its agents and employees shall comply will all applicable Federal, State and County laws and regulations governing conflict of interest including, but not limited to, 24 CFR Section 570.611 and 24 CFR Part 85, Section 85.36(b). The Consultant agrees to incorporate the language found in this Section, Conflict of Interest, in contracts using CDBG funds and subject to compliance with conflict of interest Federal, State and County laws.
The general rule shall be that no person described in the Persons covered section below of this Section, Conflict of Interest, who exercise, or has exercised any function or responsibilities with respect to CDBG activities, or who is in a position to participate in a decision making process or gain inside information with regards -to such activities, rriay obtain a financial interest or benefit from a CDBG-assisted activity, or have a financial interest in any contract, Subcontract, or agreernent with respect to CDBG-assisted activity, or with respect to the proceeds of the CDBG-assisted activity, either for there elves or -1-tiose with whorn they have business or irrimediate family ties, during their terILAre or for one year thereafter.
Persons covered.-The conflict of interest provisions of this Section, Conflict of Interest, shall apply to any person who is an employee, agent, consultant, officer, or elected official or appointed official of the City, or of any designated public agencies, or of any subrecipients that are receiving CDBG funds.
The Consultant represents, warrants and agrees that -to the best of its knowledge, it does riot presently have, nor will it acquire during the term of the Contract, any interest direct or indirect, by contract, employment or otherwise, or as a partner, joint venture or shareholder (other than as a shareholder holding a one (1%) percent or less interest in publicly -traded companies) or affiliate with any business or business entity that has entered into any con-tract, subcontract or arrangement with the County or County of Los Arigeles Community Development Commission. Upon execution of this Contract and during its terr'n, as appropriate, the Consultant shall, disclose in writing to the County any other contract or employment during the terra of this Contract by any other persons, business or corporation in which employment will or may likely develop a conflict of interest between the County's and/or Commission's interest and the interests of the third parties.
3. Records and Audit,,,;
The Consultant shall maintain accounts and records, including personnel, property and financial records, adequate to identify and account for all costs pertaining to this Agreement and such other' records as may be deerned necessary by the CITY to assure proper accounting for all project funds, both federal and non-federal shares. These records will be made available for audit purposes to the CITY or, any authorized representative, and will be Exhibit 2 34�
retained -five (5) years after the expiration of this Agreement unless permission to destroythem is granted by the CITY. (24 CFR Part 84, Sec. 84.53)
4. County Lobbying Certification.
The COnSUitant certifies that:
A. It is understood that each person/entity/firm who applies for a COMIUnity Development Commission contract, as part, of that process, shall certify that they are familiar with the requirements of the Los Angeles Cok,inty Code Chapter 2.160, (Los Angeles County Ordinance 9.-0031) arid;
B. -rhat all persons/entity/firm who seek a contract with the Community Development Commission shall be disqualified therefrom and denied that contract and, shall be liable in civil action, if any lobbyist, lobbying firm, lobbyist employer or any other person or entity acting on behalf of -the above named firm fails to comply with the provisions of the County Code.
5. Consultant's Warranty of Compliance with County's DefaUlted Property Tax Reduction Program-
A. 'Fhe Consultant acknowledges that the County has established a goal of ensuring that all individuals and businesses that benefit -financially from the County through contract are current in paying their personal and real property tax obligations (secured and unsecured roll) In order to mitigate the economic burden otherwise imposed Upon the County and its 'taxpayers. Unless 'the COVISUltant qualifies -for an exemption or exclusion, 'the ConStAltant warrants and certifies that -to the best of its knowledge it is now in compliance, and during the term of this Agreement will maintain compliance, with the County's Defaulted Tax Program, fOUnd at Los Angeles County Ordinance No. 20090026 and codified at Los Angeles County Code, Chapter, 2.206.
B. Failure of the ConSUltant to maintain compliance with the requirements set forth in the "County's Defaulted Property Tax Reduction Program " shall constitute default under this Agreement, Without limiting the rights and remedies available to the City under any other provision of this Agreement, -failure of the Consultant to cure such default within 10 days of notice shall be grounds upon which the City may suspend or terminate this Agreement pursuant to the County's Defaulted Property Tax Reduction Program found at Los Angeles County Ordinance No. 20090026 and codified at Los Angeles County Code, Chapter 2.206. ® Federal Lobbying Certification.
The ConSUItant certifies that:
A. No Federal appropriated 'funds have been paid or will be paid, by or on behalf of the Consultant, to any person for influencing or attempting to influence an officer or employee of any agency, a Member of Congress, and officer or employee of Corigress, or an eryiployee of any Mernber of Congress in connection with the awarding of any Federal contract, -the making of any cooperative agreernent, arid the extension, con-tinuation renewal, amendment, or modificatiorn of any Federal contract, grant, loan or cooperative agreement.
Exhibit 2 34P
B. if any funds other than Federal appropriated 'funds have been paid or will be paid to any person for influencing or attempting 'to influence an officer or employee of any agency, a Mernber of Congress in connection with this Federal contract, grant, loan, or cooperative agreement, the Consultant shall complete and Submit Standard Form-IA.L, "[Disclosures Forrn to Report Lobbying", in accordance with its instrUctions.
C. The Consultant shall require that the language of -this certification be included in all SUbcontracts and that all subcontracts shall certify and disclose accordingly.
Exhibit 2 3 4P
COUNTY R-OBBYIS"T CODE,CHAPTER 2.160
COUNTY ORDINANCE NO. 93-0031
CERTIFICATION
Name of Firm. 01
Address., I 6eNino li4ll 7
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State: CA Zip Code: ,,,.,_-,, Phone No.
Mao)," "L
Acting on behalf of the above narned firm, as its Authorized Official, i rnake the following Certification to the County of Los Angeles and the COMmunity Development Commission, County of Los Angeles:
1 d It is understood that each person/entity/firrn who appiies for a "ornMUnity Development Commission contract, and as pail of that process, shall certify that they are familiar with the requirements of the I os Angeles COUnty Code Chapter 2A 60, (Los Angeles County Ordinance 93-0031) and;
2. That all persons/entities/finds acting on behalf of the above narned firrn have and will corriply with the County Code, and;
& That any per who seeks a contract with the Community Development Commission shall be disqualified there frorn and denied the contract and, shall be liable in civil action, if any lobbyist, lobbying firm, lobbyist ernployer or any other person or entity acting on behalf of the above narned firm falls to comply with the provisions of the County Code,
The certification is a material rep rese ntatiorn of fact upon wiich reliance was placed when this transaction was rnade or mitered into. Subrnission of this certification is a prerequisite for making or entering into contract with the Los Angeles County and the Community Development Commission, County of Los Angeles,
Authorized Off icial:
0W.w l Narne e
Signature:.,,_,,_ Date:.........
Exhibit 2 350
FEDERAL LOBBYIST REQUIREMENTS CERTIFICATION
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Name of ro r��o �'� �'��m"U 0V��,. ^. . .�......,....._ Dat v.._.... " VAdd - � a � 0 �h'° (,�"1� w.....,., ��°" � ' � ° less .
State, w / CIE r "" ..°_ P E o n le N o: _... .. r� ., i / eo,d'bb!%wawvv... a."✓u.:,;.,',.. „i„4:d..vvdY.. ,u.:.,m;. ..__:v.sh., / i.l.lrtMiMiwow wv�:.ry „"l2✓ (./2AZk,o.Yv.v LY. ._. .L! Y.,?,,,.9d�dlw G"ki.wwvu w..i,,J......_...':YY,.II'821/N,f/MSP.w+iti+.uu.JA4... C :u8✓UY,3PYJ Acting on behalf of the above nr rued firm, as its Authorized Official, l make the following Certification to the Department of HoUaing and Urban Development (HUD) and the Cornmunity t eveloprnernt Commission, County of L.os Angeles:
1. No Federal appropriated funds have been paid, by or on behalf of the above r°named firm to any person for influencing or atterrnptirnng to influence are officer or employee of a Member of Congress, an officer or employee of Congress„ or an employee of a Mernber of Congress in connection with the awarding of any Federal contract, the rnaking of and Federal grant, loan or cooperative agreement, and any extension, continuation, renewal, amendment, or modification thereof, and;
. If any funds other than Federal appropriated funds [iave been paid or will be paid to any person for influencing or attempting to irrflUenc* arn officer or errnployee or any agency, a Member of Congress an officer or ernployee of Congress or an employee of a Mernrnber of Congress in connection with the Federal contract, grant loan, or cooperative agreement, the above narned firm stiall complete and submit Standard Form-1.11., "Disclosure Form to Report Lobbying", in accordance with its instructions, and; & The above narne firm shall require that the language of this certification be included in the award CIOCUrrients for all sub-awards at ali Beres (including subcontracts, sub-grants, arid contracts under grants, loans, and cooperative agreerrnent) and that all sub-recipients shall certify and disclose accordingly.
This certification is a rnaterial repre entatiora of fact Upon which reliance was placed when this transaction was rrnade or entered into. Submission of this certification is a prerequisite for making or entering into the transaction imposed by Section '1352 "fltle 31, LJ,S. Code.
Any person who flails to file the required certification shall be subject to a civil penalty of not less that $10,000 and riot rnore than $100,000 for each such fallurea cnthori ed Off icic lw
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Exhibit 2 351
PROFESSIONAL SERVICES AGREEMENT
BETWEEN THE CITY OF BELL GARDENS AND
INFRASTRUCTURE ENGINEERS
1. IDENTIFICATION
THIS PROFESSIONAL SERVICES AGREEMENT ("Agreement") is entered into by and between the City of Bell Gardens, a California municipal corporation ("City") and Infrastructure Engineers ("Consultant").
2. RECITALS
2.1. City has determined that it requires the following professional services from a consultant: Review, analysis,preparation and filing of state mandated cost claims for a variety of categories of claims listed on"Attachment A" entitled"Scope of Work."
2.2. Consultant represents that it is fully qualified to perform the professional services described in Recital 2.1. of this Agreement by virtue of its experience and the training, education and expertise of its principals and employees. Consultant further represents that it is willing to accept responsibility for performing such services in accordance with the terms and conditions set forth in this Agreement.
NOW, THEREFORE, for and in consideration of the mutual covenants and conditions herein contained, City and Consultant agree as follows:
3. DEFINITIONS
3.1 "Scope of Services": Such professional services as are set forth in Consultant's "Scope or Work" attached hereto as Attachment A.
3.2 "Commencement Date": November 27, 2017.
4. TERM
4.1 The term of this Agreement shall be for three years beginning on the date set forth above with an option to renew for two additional years exercisable by the City Manager and shall terminate in accordance with Section 16 below.
5. CONSULTANT'S SERVICES
5.1 Consultant shall perform the services identified in the Scope of Services attached hereto as Attachment A. City shall have the right to request, in writing, changes in the Scope of Services. Any such changes mutually agreed upon by the parties, and any corresponding increase or decrease in compensation, shall be incorporated by written amendment to this Agreement. In no event shall the total compensation and costs payable to Consultant under-this Agreement exceed $157 per hour unless specifically approved in advance, in writing, by City.
Exhibit 2 352
5.2 Consultant shall obtain a City business license prior to commencing performance under this Agreement. Consultant shall perform all work to the highest professional standards of Consultant's profession and in a manner reasonably satisfactory to City. Consultant 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 et seg.)). During the term of this Agreement, Consultant shall not perfori any work for another person or entity for whom Consultant was not working at the Commencement Date if both (i) such work would require Consultant to abstain from a decision under this Agreement pursuant to a conflict of interest statute; and (ii) City has not consented in writing to Consultant's performance of such work.
5.3 Consultant represents that it has, or will secure at its own expense, all personnel required to perform the services identified in the Scope of Services. All such services shall be performed by Consultant or under its supervision, and all personnel engaged in the work shall be qualified to perform such services. Consultant shall identify a project administrator and shall have direct responsibility for management of Consultant's performance under this Agreement.
No change shall be made in Consultant's project administrator without City's prior written consent.
6. COMPENSATION
6.1 City agrees to compensate Consultant for the services provided under this Agreement and Consultant agrees to accept payment in firll satisfaction for such services.
6.2 Payments for any services requested in writing by City and not included in the Scope of Services shall be made to Consultant by City on a time-and-materials basis using Consultant's standard fee as stated in schedule of fees in the proposal.
7. OWNERSHIP OF WRITTEN PRODUCTS
All reports, documents or other written material ("written products") developed by Consultant in the performance of this Agreement shall be and remain the property of City without restriction or limitation upon its use or dissemination by City.
8. RELATIONSHIP OF PARTIES
Consultant is, and shall at all times remain as to City, a wholly independent contractor.
Consultant shall have no power to incur any debt, obligation, or liability on behalf of City or otherwise to act on behalf of City as an agent. Neither City nor any of its officers, employees or agents shall have control over the conduct of Consultant or any of Consultant's employees, except as set forth in this Agreement. Consultant shall not represent that it is, or that any of its agents or employees are, in any manner employees of City. Consultant is not, nor shall become, by virtue of performance of the professional services provided under this Agreement, entitled to any City employee benefits, Including but not limited to health insurance, dental insurance, vacation pay, retirement pension, unemployment insurance or workers' compensation insurance.
Exhibit 2 353
4. CONFIDENTIALITY
All data, documents, discussion, or other information developed or received by Consultant or provided for performance of this Agreement are deemed confidential and shall not be disclosed by Consultant without prior written consent by City. City shall grant such consent if disclosure is legally required. Upon request, all City data and any copies thereof shall be returned to City upon the termination or expiration of this Agreement.
10. INDEMNIFICATION
10.1 The parties agree that City, its officers, agents, employees and volunteers should, to the extent permitted by law, be fully protected from any loss, injury, damage, claim, lawsuit, cost, expense, attorneys' fees, litigation costs, or any other cost arising out of or in any way related to the performance of this Agreement, subject to the application of paragraph 10.8.
Consultant acknowledges that City would not enter into this Agreement in the absence of Consultant's commitment to indemnify and protect City as set forth herein.
10.2 Subject to the application of paragraph 10.8, to the full extent permitted by law, Consultant shall 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 wrongfuul acts, errors or omissions of Consultant or any of its officers, employees, servants, agents, or subcontractors in the performance of this Agreement.
Such costs and expenses shall include reasonable attorneys' fees incurred by counsel of City's choice.
10.3 City shall have the right to offset against the amount of any compensation due Consultant under this Agreement any amount due City from Consultant as a result of Consultant's failure to pay City promptly any indemnification arising under this Section 10 and related to Consultant's failure to either (i) pay taxes on amounts received pursuant to this Agreement or(ii) comply with applicable workers' compensation laws.
10.4 The obligations of Consultant under this Section 10 shall not be limited by the provisions of any workers' compensation act or similar act. Consultant expressly waives its statutory immunity under such statutes or laws as to City, its officers, agents, employees and volunteers.
10.5 Consultant agrees to obtain executed indemnity agreements with provisions identical to those set forth here in this Section 10 from each and every subcontractor or any other person or entity involved by, for, with or on behalf of Consultant in the performance of this Agreement. In the event Consultant fails to obtain such indemnity obligations from others as required herein, Consultant agrees to be frilly responsible and indemnify, hold harmless and defend City, its officers, agents, employees and volunteers from and against airy 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 Consultant's subcontractors or any other person or entity involved Exhibit 2 354
by, for, with or on behalf of Consultant in the performance of this Agreement. Such costs and expenses shall include reasonable attorneys' fees incurred by counsel of City's choice.
10.6 City does not, and shall not, waive any rights that it may possess against Consultant 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.
10.7 Consultant shall be responsible for performing the work under this agreement of a professional manner and shall be responsible for the acts of its employees as it relates to this agreement.
10.8 Notwithstanding any provision contained herein to the contrary, liability of Consultant to City with regard to all work and services performed or provided by Consultant for City under this Agreement, including but not limited to any loss, injury, damage, claim, lawsuit, cost, expense, attorneys' fees, litigation costs, or any other cost arising out of or in any way related to the performance of this Agreement, shall be limited to the total fee actually paid by City to Consultant under the applicable Scope of Work. Under no circumstances shall Consultant have any liability to City in excess of the amount of such fees or compensation. City acknowledges and agrees that but for the above limitation of liability, Consultant would not be able to provide the services for City under this Agreement for the prices applicable to the Agreement, and that this limitation of liability is reasonable.
11. INSURANCE
11.1 During the term of this Agreement, Consultant shall cagy, maintain, and keep in full force and effect insurance against claims for death or injuries to persons or damages to property that may arise from or in connection with Consultant's performance of this Agreement.
Such insurance shall be of the types and in the amounts as set forth below:
11.1.1 Comprehensive General Liability Insurance with coverage limits of not less than One Million Dollars ($1,000,000) including products and Completed operations hazard, contractual insurance, broad form property damage, independent Consultants, personal injury.
1 1.1.2 Professional Liability Insurance providing coverage for performance of work included in this Agreement with coverage limits of not less than One Million Dollars ($1,000,000) covering claims or losses caused by negligence, error, or omissions of Consultant.
11.1.3 Automobile Liability Insurance for vehicles used in connection with the performance of this Agreement with minimum limits of One Million Dollars ($1,000,000) per claimant and One Million dollars ($1,000,000) per incident.
11.1.4 Worker's Compensation insurance as required by the laws of the State of California.
Exhibit 2 355
11.2 Consultant shall require each of its subcontractors, if any, to maintain insurance coverage that meets all of the requirements of this Agreement.
11.3 The policy or policies required by this Agreement shall be issued by an insurer admitted in the State of California and with a rating of at least ANII in the latest edition of Best's Insurance Guide.
11.4 Consultant agrees that if it does not keep the aforesaid insurance in full force and effect City may either (i) immediately terminate this Agreement; or (ii) take out the necessary insurance and pay, at Consultant's expense, the premium thereon.
11.5 At all times during the term of this Agreement, Consultant shall maintain on file with City's Risk Manager a certificate or certificates of insurance showing that the aforesaid policies are in effect in the required amounts and naming the City as an additional insured. Consultant shall, prior to commencement of work under this Agreement, file with City's Risk Manager such certificate(s).
11.6 Consultant shall provide proof that policies of insurance required herein 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(2) weeks prior to the expiration of the coverages.
11.7 The general liability and automobile policies of insurance required by this Agreement shall contain an endorsement naming City, its officers, employees, agents and volunteers as additional insureds. All of the policies required under this Agreement shall contain an endorsement providing that the policies cannot be canceled or reduced except on thirty (30) days' prior written notice to City. Consultant 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.
11.8 The insurance provided by Consultant shall be primary to any coverage available to City. Any insurance or self-insurance maintained by City, its officers, employees, agents or volunteers, shall be in excess of Consultant's insurance and shall not contribute with it.
11.9 Any deductibles or self-insured retentions must be declared to and approved by the City. At the option of City, Consultant shall either reduce or eliminate the deductibles or self-insured retentions with respect to City, or Consultant shall procure a bond guaranteeing payment of losses and expenses. 1 1.10 Procurement of insurance by Consultant shall not be construed as a limitation of Consultant's liability or as full performance of Consultant's duties to indemnify, hold harmless and defend under Section 10 of this Agreement.
Exhibit 2 356
12. MUTUAL COOPERATION
City shall provide Consultant with complete access to information for the proper performance of Consultant's services under this Agreement.
13. RECORDS AND INSPECTIONS
Consultant shall maintain full and accurate records with respect to all matters covered under this Agreement for a period of three (3) years after the expiration or termination of this Agreement. City shall have the right to access and examine such records, without charge, during normal business hours. City shall further have the right to audit such records, to make transcripts therefrom and to inspect all program data, documents, proceedings, and activities.
14. PERMITS AND APPROVALS
Consultant shall obtain, at its sole cost and expense, all permits and regulatory approvals necessary in the performance of this Agreement.
15. NOTICES
Any notices, bills, invoices, or reports required by this Agreement shall be deemed received on: (i) the day of delivery if delivered by hand, facsimile or overnight courier service during Consultant's and City's regular business hours; or (ii) on the third (P) business day following deposit in the United States mail if delivered by mail, postage prepaid, to the addresses listed below (or to such other addresses as the parties may, from time to time, designate in writing).
If to City: If to Consultant:
City of Bell Gardens Infrastructure Engineers
7100 Garfield Ave. 3060 Saturn Street, Suite 250
Bell Gardens, California 90201 Brea, CA 92821
6. SURVIVING COVENANTS
The parties agree that the covenants contained in Sections 9 and 10 and Section 12, Paragraph 12.2, of this Agreement shall survive the expiration or termination of this Agreement.
17. TERMINATION
17.1. City shall have the right to terminate this Agreement for any reason on two (2) calendar days' written notice to Consultant. Consultant shall have the right to terminate this Agreement for any reason on sixty(60) calendar days' written notice to City. Consultant agrees to cease all work under this Agreement on or before the effective date of any notice of termination. All City data, documents, objects, materials or other tangible things shall be returned to City upon the termination or expiration of this Agreement.
Exhibit 2 357
17.2 If City terminates this Agreement due to no fault or failure of performance by Consultant, then Consultant shall be paid based on the work satisfactorily performed at the time of termination. In no event shall Consultant be entitled to receive more than the amount that would be paid to Consultant for the fiill performance of the services required by this Agreement.
18. GENERAL PROVISIONS
18.1 Consultant 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 Consultant.
18.2 In the performance of this Agreement, Consultant shall not discriminate against any employee, subcontractor, or applicant for•employment because of race, color, creed, religion, sex, marital status, national origin, ancestry, age, physical or mental handicap, medical condition or sexual orientation. Consultant will take affirmative action to ensure that subcontractors and applicants are employed, and that employees are treated during employment, without regard to their race, color, creed, religion, sex, marital status, national origin, ancestry, age, physical or mental handicap, medical condition or sexual orientation.
18.3 The captions appearing at the commencement of the sections hereof, and in any paragraph thereof, are descriptive only and for convenience in reference to this Agreement.
Should there be any conflict between such heading, and the section or paragraph thereof at the head of which it appears, the section or• paragraph thereof, as the case may be, and not such heading, shall control and govern in the construction of this Agreement. Masculine or feminine pronouns shall be substituted for the neuter form and vice versa, and the plural shall be substituted for the singular form and vice versa, in any place or places herein in which the context requires such substitution(s).
18.4 The waiver by City or Consultant of any breach of any term, covenant or condition herein contained shall not be deemed to be a waiver of such term, covenant or condition or of any subsequent breach of the same or any other tern, covenant or condition herein contained. No term, covenant or condition of this Agreement shall be deemed to have been waived by City or Consultant unless in writing.
18.5 Consultant shall not be liable for any failure to perform if Consultant presents acceptable evidence that such failure was due to causes beyond the control and without the fault or negligence of Consultant.
Exhibit 2 358
18.6 Each right, power and remedy provided for hercill or 110%v or hereafter existing at law, in equity, by statute, or otherwise shall be cutrikilative mid shall be iii addition to every other right, power, or remedy provided for herein or tiow or hereafter existing at law, in equity, by statute, or otherwise, The exercise, the commencement of the exercise, or the forbearance of the exercise by any party of any one or more of such rights, powers or remedies shall not preclude the SinlUltaneOLIS Or hater- exercise by such party of any of all of such other rights, powers or, remedies. Ill the event legal action shall be necessary to enforce any term, covenant or condition herein contained, the party prevailing in such action, whether reduced to judgment or not, shall be entitled to its reasonable court costs, including accountants' fees, if any, and attorneys' fees expended in such action subject to the limitations contained in Section 10. The velILIC for any litigation shall be Los Angeles County, California.
18.7 If any term or provision of this Agreement or the application thereof to any person or circumstance shall, to array extent, be invalid or unenforceable, then such term or provision shall be amended to, and solely to, the extent necessary to cure such invalidity or uneriforceability, and in its anicilded form shall be enforceable. In such event, the remainder of this Agreement, or the application of such term or provision to persons or Cil-CLUristances other than those as to which it is held invalid or unenforceable, shall not be affected thereby, and each term and provision of this Agreement shall be valid and be enforced to the fullest extent permitted by law.
18.8 This Agreement shall be governed and construed in accordance with the laws of the State of California.
M9 All documents referenced as exhibits in this Agreement are hereby incorporated ill tills Agreement. In the event of any material discrepancy between the express provisions of this Agreement and the provisions of any document incorporated herein by reference, the provisions of dais Agreement shall prevail. This instrument contains the entire Agreement between City all(] Consultant with respect to the transactions contemplated herein, No other prior oral or written agreements are binding upon the parties. Amendments hereto or dcviatiolis herefrom shall be effective and binding only if made in writing and executed by City and Collsultailt,
TO EFFECTUATE THIS AGREEIMENT, the parties have caused their duly authorized representatives to execute this Agreement on the dates set forth below. 6icity" "Collstljtal)V�
City of Bell Gardens Infrastructin-e Engineers
By: By:
atiager
Phili Wagn -1 City
Date:—Id 10-h— Date:
Exhibit 2 359
Approved as to form:
At iol : M. Alvarez-cG�'Ias,,,al,',,City Attorney
AtlesL
By
Kristina Santana, City Clerk
Exhibit 2 30
Exhibit 2 361
r
1> i� rr l� r � rirrNrr Sr�rvr (�s
d"of d M ,:::OIT'Vf nsatif, "l
The method of compensation for each type of service is as follows; City Engineer Retainer: $3,768 Lump sum per month
For the proposed retainer fee Infrastructure Engineers proposes to provide 24 hours of City Engineering services. The City Engineer/Deputy City Engineer will attend,all City Council meetings and any Traffic Commission meetings, as requested by the Director of Public works. During other hours of the week,the City Engineer will be available to respond to any City enquiries via email or telephone calls,Tile retention payment will provide the City up to 24 honors per month of City Engineering Services.Any hours beyond 24 hours will be charged as extra.
Traffic Engineer Retainer: $1,807 Lump sum per month,
Traffic Engineer will be available to respond to any inquiries fronn the City by ernail or phone calls during any business hours and attend any traffic commission meetings that director of Public Works may require.The lumpa SUM fee will cover the hours rap to 13 hours per month of Traffic engineering services.Any hours beyond the 13 hours per month will be at the hourly rate of$139 per hour, Water Engineer: Hourly rate per Flourly Rate Schedule
It is estimated',the Water Engineer will be available to provide engineering consultation or^r various City water matters on as-needed bases. Based on the current work load,we anticipate those services will be approximately eight(8) hours per month. "fh7e fee for these services will be based or) rates listed in the Hourly Rate Schedule.
Planning/Redevelopment Agency Engineer Retainer: $1,192 Lump sum per month The retainer will provide the City up to eight(8) hours per month of consultation on various development projects. Services may include participation at meetings, attendance at the Planning Commission meetings, review of development plans or other assignments from the Community Development Department.Any hours beyond 8 [)ours per month will be charged at$149 per hour.
Public Works Permit and Inspection:$89/hour(hourly rates) An estimated two (2) days per week, three(3) hours per day of utilities/public works permits and inspection services will be provided at the rate of$89 per hour,
Public Works Projects
other public works studies, reviews and projects not listed here will be charged at hourly rates as listed in the infrastructure Engineer's 2017 Hourly hate Schedule (attached).A lump sum, not-to-exceed fee will be provided' at the start of each task.
Exhibit 2 ; EN6WLERS 362
fa � � n/y ypy /p�yy/ yyC p/y 1 yy pry/yp 4 �Ff4'F�✓HFS�'�/fb.+A �MN4iF I' Ml�J'R ���✓W64�F RNu muNttw^MtwNV oiiii tta MNI mmX NANi.i M MaX Xn �n XrvMM NYAwMM XNnP VX NON lim nn a... X PnX s'eN�N� M MWAw.V VVAW V.W.WV'wwRW�'i%M'mi'bll'PN'fitl OV9VNV 9VVVWINVN VVVVVVNVN �prff Capital Improvement Projects: Percentage of the total cost of final contract construction Capital improvement design fees will be based on the estimated cost of construction. Once the project is defined,the engineering team will estimate the construction cost and, in accordance with the chart below,will set the design fee.After finalization of design and upon receiving formal bids for construction of the project, the actual design fee will be determined and the engineering design fee will be adjusted to reflect the exact amount, Construction costs will be the average of three (3) lowest bids for the project. If there are only two (20 bids, the average of two (2) bids will be used for construction cost.
Construction cost less than $499,999 .................tiae design fee will be 9%of the construction cost Construction cost$500, 000-$999,999.............o the design fee will be 8%of the construction cost Construction cost$1,0010,000•e-4,999,999..........the design fee will be 7%Q of the construction cost Construction cost over$5,000,000 ................. _the design fee will be 6%of the construction cost in addition to these percentages, Infrastructure Engineers fees for project management and administration will be 4%of the construction cost. in addition,funding management will be 1.5'%n for local funds and 2.5%for state and federally funded projects.
Construction Management and Inspection: Percentage of total construction cost Upon on receiving the bids for the construction of a capital improvement project, the engineering team will prepare the fee for construction management and inspection services in accordance with the following chart.
The fee will be calculated based on average cost of the three (3) lowest bids and, if there are only two (2) bids, an average of two bids will be used.
Construction cost less than $499,999 ..............the CM services 3% + inspection services 4.5%for a total fee of 7.5%of the construction cost
Construction cost $500,000- $999,999..............the CM services 3%+ inspection services of 4%for a total fee of 7%of the construction cost
Construction cost$1,000,000 and more.............the CM Services fee of 3%+ inspection services of 3%for a total fee of 6%of the construction cost
Labor compliance will be charged on an as-needed basis and based on actual hourly rates per the Hourly Rate Schedule,
NPIOE'S: Dourly rates
All NPI9ES services will be provide on as-needed bases at the following rates:
Program Manager................$175/hour
Senior Engineer ...................$168/hour
Engineering Associate.......... $125/hour
Engineering Assistant ........,.$105/hour
......... .....
Exhibit 2 ENGINEERS a 363
.iuTj
J 1 Other Services: I•°lourly rates not-to-exceed a negotiated lump sung Other fees will be bused on Infrastructure, Engineers 2017 Hourly Rate Schedule attached to this proposal Building and!,Safety and Civil Engineering Plan Checks:65%of the building plan check sees, based on Los Angeles County's latest fee schedule and hourly rate. If the City uses its "City Fees"for public works projects, then civil engineering fees will be charged at 90%of those City fees.
Plan check fees include first, second and third plan checks. Fourth and all subsequent plan checks will be at the plan checkers' hourly rate listed here.The rates listed here are Infrastructure Engineers' discounted rates for the City of Bell Gardens only, due to our long-term relationship with the City. Expedited plan checks will be provided at 90%of the plan check fees. Fourth and subsequent plan checks will be charged at 1.75 times the normal hourly rate.
Building,Official... ................$1.47
Plan Check Engineer ...........$137
Plan Examiner......................$126
Sr. Building Inspector...........$105
Building Inspector.—............$88
Counter technician ..............$79
Notes:
Land surveying, geotechnical services and funding administration and compliance for capital projects will be provided by subconsultants. The fee for these services will be a negotiated cost+ 15%.
Any other subconsultant services that might be needed will be charge at a negotiated cost+ 15%.
Hourly rates and the retainer fees are subject to increases at the annual Consumer Price Index for All Urban Consumers (CPI-U), Los Angeles area iincrease rates or a 5%increase,whichever is greater, effective July 1, 2019. and all subsequent years.We will inform the City of the rate of increase by April of each succeeding year.
Exhibit 2 t,NGME R 364
2017 HOURLY RAVE SCHEDULE �` INFRASTRUCTURE
ry,: ENGINEERS
As of July 1, 2017
Principal in Charge $205 Municipal Engineering Support Civil Engineering Interim City Manager $194 Project Manager $168 Assistant/Deputy City Manager $173 Senior Engineer $147 City Engineer $157 Senior Plan Check Engineer $157 City Traffic Engineer $147 Plan Check Engineer $147 Deputy City Engineer $147 Engineering Associate $125 Deputy City Traffic Engineer $142 Engineering Assistant $105 Plan Check Engineer $157 GIS Analyst $136 Flan Checker $136
CAD Manager $136 CIP Manager $168
CAD Operator $100 Engineering Technician $89 Traffic Engineering Building & Safety
al Engineer $168 Building Official $157 Principal g Plan Check Engineer $147
Senior Traffic Engineer $142 Plan Examiner $136 Traffic Engineer $136 Senior Building Inspector $115 Plan Checker $136 Building Inspector $98 Engineering Associate $125 Counter Technician $89 Engineering Assistant $105
Engineering Technician $89 WaterlWastewaterlNPDES Surveying Water Engineer $158
Program Manager(NPDES) $175
Project Manager $168 Senior Water Engineer $168 Survey Analyst $136 Engineering Associate $125 Plan Checker(subdivision&survey Document) $147 Engineering Assistant $105 Construction Management Architectural Services Construction Manager $168 Principal Architect $180 Resident Engineer $157 Development Manager $180 SchedulerlController $136 Senior Architect $168 Senior P.W. Observer $105 Architect $157
Public Works Observer $89 Technician $145 Technician $85
Utilities Coordinator $115 Administrative & Clerical Services Program Management Organizer/Supervisor $100 Administrative Assistant $85
Project Director $175 Clerk Typist $74
Sr. Program Coordinator $125
Program Assistant $105 Other Charges
Labor Compliance Coordinator $95 Delivery $100 Fund Administrator $125 Mileage (Current federal guideline rate @ time of billing)/Mile Community Development & Planning Travel Cost+15% Reimbursements Cost+ 15%
Director $180
Planning Manager $155
Principal Planner $150
Project Manager $160
Senior Planner $137
Associate Planner $125
Planning Technician $80
Additional billing classifications may be added to the above list throughout the year as new positions are created.The above schedule is for straight time.
Overtime will be charged at 1.5 times. Sundays and Holidays are charged at 2.0 times the standard time.
Exhibit 2 365
Attested:
00,
By: ----
Kristina. Santana,, City Clerk
Approved as to form:
Rick R. Olivarez, Interim. City attorney
Late: O e�
Exhibit 2 366
EXHIBIT "B"
REVISED RATE SCHEDULE
Exhibit 2 367
City of Bell Gardens
2022-2023 HOURLY RATE SCHEDULE NFRASTRUCTLJRE (effective March 1, 2022)
ENGINEERS
Principal in Charge $238 Community Development Fire Prevention Civil Engineering/Traffic Engineering Environmental &Planning Fire Marshal $165 Project Manager $185 Director $195 Fire Investigator $154 Principal Engineer $180 Development Services Manager $189 Fire Plans Examiner $143 Senior Engineer $170 Project Manager $173 Senior Fire Inspector $138 Senior Plan Check Engineer $175 Planning Manager $167 Fire Inspector $120 Plan Check Engineer $165 Principal Planner $163 Counter Technician $93 Senior Planner $153 Architectural Services
Associate Engineer $155 Associate Planner $139 Assistant Engineer $145 Assistant Planner $129 Director $200 Engineering Associate $135 Planning Technician $98 Studio Manager $184 Engineering Assistant $115 CEQA/NEPA Specialist $175 Senior Project Manager/ $176 GIS Analyst $150 Environmental Specialist $170 Senior Architect CAD Manager $135 Senior Environmental Planner $165 Project Manager/Project Architect $155 CAD Designer $110 Environmental Planner II $155 Senior Job Captain $126 CAD Technician $100 Environmental Planner 1 $144 Job Captain $105 Engineering Technician $105 Environmental Technician $ 100 Drafter $90 Principal Traffic Engineer $185 Municipal Engineering Support ProgramManagement/Public Outreach Senior Traffic Engineer $170 Interim City Manager $220 Program Director $184 Traffic Engineer $150 Assistant/Deputy City Manager $197 Web Designer $150 Water/Wastewater/NPDES City Engineer $178 Media Specialist $145 City Traffic Engineer $169 Program Coordinator $135 Senior Water Engineer $167 Deputy City Engineer $169 Photographer $128 Water Engineer $158 Deputy City Traffic Engineer $161 Outreach Specialist $125 Program Manager(NPDES) $168 Plan Check Engineer $178 Interpreter/Translator $125 Inspector(NPDES) $110 Plan Examiner $155 Production Assistant $85 Environmental Scientist $105 CIP Manager $178 Fund Administrator $138 Associate Engineer $149 Labor Compliance Coordinator $105 Surveying Engineering Associate $142
Project Manager $185 Engineering Assistant $118 Administrative Clerical Services Plan Checker $162 Engineering Technician $106 Organizer/Supervisor $108 (Subdivision&Survey Document) Building &Safety Administrative Assistant $90 Survey Analyst $150 Clerk Typist $80 Survey Crew(2-man) $236 Building Official $175 Other Charges Survey Crew $278 Plan Check Engineer $165
man,prevailing wages) Landscape Plan Checker $162 Delivery $110 Senior Certified Access Specialist $165 Mileage(Current federal guideline Construction Management Certified Access Specialist $155 rate @ time of billing)/Mile Construction Manager $188 Plans Examiner $145 Travel Cost+15% Resident Engineer $188 Code Enforcement Manager $145 Reimbursements Cost+15% Scheduler/Controller $163 Code Enforcement Officer $127 Utilities Coordinator $138 Senior Building Inspector $127 Senior PW Observer/Inspector $130 Building Inspector $120 actor $1 g1 Grading Inspector $120
Senior PWObserver/Ins
p Counter Technician $105
(prevailing wages)
PW Observer/Inspector $113
PW Observer/Inspector $159
(prevailing wages)
Additional billing classifications may be added to the above list throughout the year as new positions are created.The above schedule is for straight time. Overtime will be charged at 1.5 times. Sundays and Holidays are charged at 2.0 times the standard time. Deposition and court appearances will be charged at 1.5 times the listed billing rates. ®�® .i ® ® ® n mod® i ®® n ®d® i ®® — ® � E
CITY OF BELL GARDENS
ii rrrrrr, ' OFFICE OF THE CITY MANAGER
AGENDA REPORT
Item 14.
...................................................................................................................................................................................................................................................................................................................................................................................................................................................................................................................................
TO: Honorable Mayor and City Council Members
FROM: Michael B. O'Kelly, City Manager
BY: Elizabeth Nava, Director of Recreation and Community Services SUBJECT: APPROVAL OF PROCUREMENT AGREEMENT FOR PURCHASE OF
VEHICLE
DATE: June 13, 2022
RECOMMENDATION:
It is staff's recommendation that the City Council by motion:
1)Adopt the attached Resolution; and
2) Approve an agreement with National Auto Fleet Group for the purchase of a new 2023 Ford Transit Passenger Wagon for a total cost of $53,603.46, from National Auto Fleet Group, under Sourcewell Contract 091521-NAF.
BACKGROUND/DISCUSSION:
Under Section 3.04.100(E) of the Bell gardens Municipal Code, the City's purchasing policy allows for an exception to the purchasing policy when the supplier offers the same or better price, terms and conditions as a supplier offered as the lowest responsible bidder under a competitive procurement conducted by another city or public agency. Bell Gardens is a member of National Joint Powers Alliance (NJ PA) and membership entitles the City to access competitively bid national contracts resulting in lower priced vehicles due to economies of scale.
The City as a public agency will be able to procure the vehicle through a cooperative agreement.
On July 28, 2021 Sourcewell released a Request for Proposals for Automobiles, SUV's, Vans and Light Trucks with Related Equipment and Accessories and on November 4, 2021 National Auto Fleet Group was awarded a Solicitation Contract, Sourcewell Contract 091521-NAF. It is under this contract that the Recreation and Community Services Department is requesting to purchase the replacement Ford Transit Passenger Wagon.
In April of this year, the RCS Department decommissioned and surplused 4 inoperable vehicles.
The purchase of a new van will replace one of the surplused vans as identified below.
Surplused Vehicle Replacement Vehicle Replacement Cost 1991 Ford 12 Passenger Van 2023 Ford Transit Passenger $53,603.46 Wagon
2005 Chevy
369
Pick Up Truck
2005 Ford
Escape Hybrid
2008 Ford
Escape Hybrid
Vehicle Description and Condition
1991 Ford Passenger Van - Van is over 30 years old and no longer working. The Van is used to transport program participants during program hours. This van is inoperable and far exceeded the life expectancy. The proposed replacement vehicle is a 2023 Ford Transit Passenger Wagon.
CONCLUSION:
The RCS Department surplused vehicles that were no longer operable, and is requesting to purchase a 2023 Ford Transit 12 Passenger van through a Sourcewell cooperative purchasing agreement with National Auto Fleet Group, for$53,603.46. The FY 21-22 RCS Budget includes $70,000 for the purchase of new Department vehicles.
FISCAL IMPACT:
The FY 21-22 Recreation and Community Services Department Budget includes $70,000 for the purchase of new vehicles. There will be a surplus of approximately $16,000 in which staff will be requesting Council authorization to apply that fund balance towards the purchase of a new pick up truck. A cost for a new truck will be available in the coming weeks at which time staff will come back to Council for purchase approval.
ATTACHMENTS:
Exhibit 1 - Resolution No. 2022-53
Exhibit 2 - Procurement Agreement with Exhibits
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 370
RESOLUTION NO. 2022-53
A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF BELL
GARDENS, CALIFORNIA, APPROVING AN AGREEMENT WITH
NATIONAL AUTO FLEET GROUP FOR THE PURCHASE OF PUBLIC
WORKS VEHICLES
WHEREAS, under Section 3.04.100E of the Bell Gardens Municipal Code, the City's purchasing policy allows for an exception when the supplier offers the same or better price, terms and conditions as a supplier offers the lowest responsible bidder under a competitive procurement conducted by another city or public agency; and WHEREAS, Sourcewell is a State of Minnesota local government agency and service cooperative created under the laws of the State of Minnesota (Minnesota Statutes Section 123A.21) that offers cooperative procurement solutions to its members; and
WHEREAS, on July 28, 2021, Sourcewell released a Request for Proposals for the purchase of Automobiles, SUVs, Vans and Light Trucks with related equipment, accessories and services (RFP #091521); and
WHEREAS, on September 14, 2021, National Auto Fleet Group submitted a proposal and on November 4, 2021, National Auto Fleet Group was awarded a Solicitation Contract, Contract#091521-NAF; and
WHEREAS, the City of Bell Gardens is a member of National Joint Powers Alliance (NJPA) and as member the City is entitled to access competitively bid national contracts; and
WHEREAS, the City of Bell Gardens Recreation and Community Services Department is in need of purchasing one (1) vehicle; and WHEREAS, the City Council finds that the City has complied with the procurement process; and
WHEREAS, the City desires enter into an agreement with National Auto Fleet Group for the purchase of one (1) New/Unused 2023 Ford Transit Passenger Wagon vehicle under contract #091521-NAF for the total cost of $53,603.46.
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.
Exhibit 1 371
Resolution No. 2022-53
SECTION 2. The City Council finds that the City has complied with local, state and federal requirements for procurement as members of National Joint Powers Alliance (NJPA).
SECTION 3. The City Council hereby approves an agreement with National Auto Fleet Group for the purchase of one (1) New/Unused 2023 Ford Transit Passenger Wagon vehicle for a total cost of $53,603.46.
SECTION 4. The City Council further authorizes the City Manager to execute the agreement with National Auto Fleet Group consistent with this resolution along with any ancillary documents reasonably necessary to effectuate the intent of this Resolution.
SECTION 5. 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 23rd day of September, 2022.
THE CITY OF BELL GARDENS
Maria Pulido, Mayor
APPROVED AS TO FORM: ATTEST:
Rick Olivarez Jane Halstead
City Attorney City Clerk
2of3
Exhibit 1 372
2022
EQUIPMENT PROCUREMENT AGREEMENT
(Procurement: Fleet Management Services)
(Parties: City of Bell Gardens and 72 Hour LLC, dba National Auto Fleet Group) THIS EQUIPMENT PROCUREMENT 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 72 HOUR LLC, dba NATIONAL AUTO FLEET GROUP (hereinafter, "National Auto Fleet Group").
For the purposes of this Agreement, City and National Auto Fleet Group may be referred to collectively by the capitalized term "Parties." The capitalized term "Party" may refer to City or National Auto Fleet Group 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 desires to purchase one (1) New/Unused 2023 Ford Transit Passenger Wagon; and
WHEREAS, per Section 3.04.100(E) (Exceptions) of Chapter 3.04 (Purchasing System) of the Bell Gardens Municipal Code (hereinafter, "Section 3.04.100"), states that the purchasing policy may be dispensed with when supplies, services or equipment can be produced from a supplier who offers the same or better prices, terms and/or conditions as the supplier previously offered as the lowest responsible bidder under competitive procurement conducted by another city or public agency; and WHEREAS, on July 28, 2021, Sourcewell (hereinafter, "Sourcewell") issued a Request for Proposals ("Sourcewell RFP") for the purchase of Automobiles, SUVs, Vans and Light Trucks with related equipment, accessories and services (RFP #091521); and WHEREAS, on September 14, 2021 , National Auto Fleet Group submitted a proposal; and
WHEREAS, on November 4, 2021, National Auto Fleet Group was awarded a Solicitation Contract #091521-NAF, (hereinafter Sourcewell Contract); and WHEREAS, authorized under Section 3.04.100(E) of the Bell Gardens Municipal Code but such to certain terms and conditions set forth, City wishes to avail itself to the opportunity to purchase certain equipment and services that meet the specifications of the Sourcewell Contract at the same unit pricing and rates given to Sourcewell under the Sourcewell Contract; and
WHEREAS, City desires to enter into an agreement with National Auto Fleet Group for the purchase of one (1) Ford Transit Passenger Wagon upon the conditions set forth Exhibit 2 3�3
below.
NOW, THEREFORE, for and in consideration of the mutual covenants and conditions herein contained, City and National Auto Fleet Group agree as follows:
Section 1. DESCRIPTION OF EQUIPMENT AND SERVICES.
A. Subject to all the terms and conditions of this Agreement, National Auto Fleet Group agrees to sell and deliver, that certain vehicle listed in National Auto Fleet Group Quote ID 20361, dated June 7, 2022, ("Quotation"). A true and correct copy of the Quotation is attached and incorporated hereto as Exhibit "A". For purposes of this Agreement, the capitalized term "Vehicle" or "Vehicles" shall refer to the vehicles listed in the Sourcewell RFP. The unit prices charged by National Auto Fleet Group to City for the Vehicle listed in the Estimate shall be no greater than the unit prices charged to Sourcewell under the Sourcewell RFP. Except as otherwise provided herein the Vehicle shall in all respects meet the specifications for identical vehicles set forth under the Sourcewell RFP and shall be subject to all warranties set forth under the Sourcewell RFP and Sourcewell Contract (Collectively referred to as "Sourcewell Documents"). A true and correct copy of the Sourcewell Documents are attached and incorporated hereto as Exhibit "B".
B. National Auto Fleet Group; performance under this Agreement includes all transportation services, labor, material, tools and equipment necessary for National Auto Fleet Group to complete its delivery and off-loading of the Vehicle at the location(s) specified by the City Representatives in a good workmanlike manner. National Auto Fleet Group shall not commence the delivery of the Vehicle until such time as City issues a written notice to proceed (hereinafter, the "Notice to Proceed")with the delivery, which notice shall specify the date, time and location of the delivery along with such other written instructions as may be provided by the City Representatives.
C. National Auto Fleet Group shall perform all services and tasks contemplated under this Agreement continuously and with due diligence. National Auto Fleet Group shall, among other things, be responsible for the delivery of the Vehicle to City and shall also provide its delivery personnel with all equipment and tools necessary to move the Vehicle from National Auto Fleet Group's delivery vehicle to the location(s) specified by the City representatives. City shall in no way be responsible for undertaking the delivery of the Vehicle with its own personnel or any other contracted third-party, nor shall City be responsible for providing National Auto Fleet Group's personnel with training, tools or equipment required to deliver the Vehicle. The Vehicle shall be delivered to City within ninety (90) days from City's issuance of the written Notice to Proceed.
D. Vehicle shall be subject to inspection by City and may be rejected by City if the Vehicle does not meet the specifications called for under this Agreement or is otherwise broken or defective. The Vehicle shall be considered accepted upon City's issuance of a written Notice of Acceptance, which shall not be unreasonably Exhibit 2 3Z4
withheld or delayed. At any time prior to the issuance of a Notice of Acceptance, City may reject, return and demand the replacement of any Vehicle which does not meet the required specifications or is broken or defective and the cost of returning and replacing the Vehicle shall be borne solely and exclusively by National Auto Fleet Group. At City's option, any Vehicle that is rejected and returned by City shall be promptly replaced by National Auto Fleet Group or the cost of such Vehicle shall be credited or refunded to City. No payment shall be required until replacement is complete. National Auto Fleet Group shall replace any Vehicle lost during delivery. Prior to the issuance of such Notice of Acceptance, National Auto Fleet Group, at National Auto Fleet Group's sole cost and expense, shall be required to make all such repairs, modifications or corrections to the Vehicle as may be necessary to ensure that the Vehicle will perform in accordance with the agreed specifications or replace any and all defective or incompatible parts as may be necessary to ensure that the Vehicle will perform in accordance with the established specifications.
E. City's acceptance of the Vehicle shall be conditioned upon the final inspection and performance testing of the Vehicle by City, as specified under Section 5 of this Agreement, below, to ensure that the Vehicle satisfies the requirements of the City and is capable of performing in accordance with performance standards set forth in the specifications of the Sourcewell Documents. City reserves the right to direct to replace, at no additional cost to City, the Vehicle if it is determined to be damaged, defective or other non-compliant with such specifications.
F. Coordinated installation of the Vehicle will take place during the standard business hours.
G. Risk and Title. National Auto Fleet Group shall bear risk of loss of the Vehicle, including any damage sustained during transportation to the delivery site. Risk in the Vehicle shall pass to City upon delivery. Transfer of title to the Vehicle shall pass to City upon payment. Nothing in this subsection shall operate to restrict, limit or modify; (i) the right of City to reject or withhold acceptance of the Vehicle that is damaged, defective or which otherwise fails to meet the specifications called for herein; or(ii)the right of City to purse any other remedies under this Agreement in the event the Vehicle is defective or fails to meet specifications or upon National Auto Fleet Group's breach of any ongoing duties or obligations set forth under this Agreement.
Section 2. STANDARD OF CARE.
A. National Auto Fleet Group represents, acknowledges and agrees as follows:
1. National Auto Fleet Group shall perform all work and services contemplated under this Agreement skillfully, competently and to the highest standards applicable to the National Auto Fleet Group's field;
2. National Auto Fleet Group shall perform all work in a manner reasonably Exhibit 2 3�5
satisfactory to the City;
3. National Auto Fleet Group 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 et seq.);
4. National Auto Fleet Group understands the nature and scope of the work to be performed under this Agreement as well as any and all schedules of performance;
5. All of National Auto Fleet Group's employees and agents (including but not limited to National Auto Fleet Group's subcontractors and subconsultants) possess sufficient skill, knowledge, training and experience to perform those services and tasks contemplated under this Agreement; and
6. All of National Auto Fleet Group's employees and agents (including but not limited to National Auto Fleet Group'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.
The Parties acknowledge and agree that National Auto Fleet Group's acceptance of any work performed by or on National Auto Fleet Group's behalf shall not constitute a release of any defects or damage to the Vehicle undetectable or otherwise unknown to City at the time of acceptance. The Parties further acknowledge, understand and agree that City has relied upon the foregoing representations of National Auto Fleet Group, including but not limited to the representation that possesses the skills, training, knowledge and experience necessary to perform all services and tasks contemplated under this Agreement in a skillful and competent manner.
Section 3. REPRESENTATIVES
A. City Representative. For the purposes of this Agreement, the Agreement administrator and City's representative shall be Elizabeth Nava, Director of Recreation and Community Services and her designee (hereinafter, the "City Representative"). It shall be National Auto Fleet Group's responsibility to assure that the City Representative is kept informed of the progress of the performance of the services and National Auto Fleet Group 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. National Auto Fleet Group Representative. For the purposes of this Agreement Randy Lester, Account Manager, is hereby designated as the principal and Exhibit 2 N
representative of National Auto Fleet Group authorized to act on its behalf with respect to National Auto Fleet Group's performance under this Agreement and to make all decisions in connection therewith (the "National Auto Fleet Group Representative"). Notice to the National Auto Fleet Group Representative shall be written to constitute notice to National Auto Fleet Group.
Section 4. NATIONAL AUTO FLEET GROUP'S PERSONNEL
A. National Auto Fleet Group represents that it has, or will secure at its own expense, all personnel required to perform the services and tasks required under this Agreement. All such services will be performed by or under its supervision, and all personnel engaged in the work shall possess the qualifications, permits and licenses required by applicable law to perform such services.
B. National Auto Fleet Group shall be solely responsible for the satisfactory work performance of all personnel engaged in performing services required by this Agreement, and compliance with all reasonable performance standards established by City.
C. In the event that City, in its sole and absolute discretion, at any time during the term of this Agreement, desires the removal of any person or persons assigned to perform services pursuant to this Agreement, shall remove any such person immediately upon receiving notice from City of the desire of City for the removal of such person or persons.
D. National Auto Fleet Group 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.
E. Permits and Licenses. National Auto Fleet Group shall obtain and maintain during the Agreement term all necessary licenses, permits and certificates required by law for the provision of services under this Agreement, including a City business license.
Section 5. TESTING AND INSTRUCTION ON OPERATION AND MAINTENANCE City's personnel in coordination with National Auto Fleet Group's personnel shall have a period of thirty (30) calendar days from the date the Vehicle are delivered to run performance tests of the Vehicle in order to determine whether or not the Vehicle meet specifications, are not damaged and are functioning properly. National Auto Fleet Group, during the testing and inspection period contemplated herein, shall also provide City personnel with instruction and training on the property operation and maintenance of the Vehicle and shall supply City with true and correct copies of all technical specifications, operating manuals and other materials relating to the maintenance, upkeep and operation of the Vehicle. The foregoing shall be in addition to and not in lieu of any training program specified under the Sourcewell Documents. Unless otherwise notified in writing, the Exhibit 2 3�7
Vehicle shall be deemed accepted following the end of the 30-day testing and instruction period. City's issuance of notification of conditions, circumstances or other factors which make the City unwilling to accept the Vehicle shall toll, the expiration of the 30-day testing and instruction period as to the Vehicle.
Section 6. WARRANTIES
National Auto Fleet Group shall extend to City all such warranties for the Vehicle and Related Services provided to Sourcewell under the Sourcewell RFP and Sourcewell Contract subject to the same terms and conditions set forth therein, including but not limited to the warranties referenced under Section 2(B) of the Sourcewell Contract.
Section 7. COMPENSATION
A. Compensation for Equipment. National Auto Fleet Group shall sell and deliver the Equipment referenced in the Quotation at unit pricing that is no greater than the unit pricing provided to Sourcewell for identical equipment under the Sourcewell Documents. The foregoing notwithstanding, in no event may National Auto Fleet Group's total aggregate compensation for the sale and delivery of the Vehicle shall not exceed the aggregate sum of FIFTY-THREE THOUSAND SIX HUNDRED THREE DOLLARS FORTY-SIX CENTS ($53,603.46) (the "Not-to-Exceed Amount").
B. Compensation for Related Services. The Related Services shall be provided to City by National Auto Fleet Group in accordance with the Quotation as well as the compensation terms provided to Sourcewell under the Sourcewell Documents.
Following the conclusion of each calendar month, National Auto Fleet Group shall submit to City an itemized invoice indicating the services and tasks performed during the recently concluded calendar month, including services and tasks performed and the reimbursable out-of-pocket expenses incurred. If the amount of National Auto Fleet Group's monthly compensation is a function of hours worked by National Auto Fleet Group's personnel, the invoice shall indicate the number of hours worked in the recently concluded calendar month, the persons responsible for performing the service or task, 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 National Auto Fleet Group 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 National Auto Fleet Group.
Section 8. PROHIBITED INTERESTS
National Auto Fleet Group warrants, represents and maintains that it has not employed nor retained any company or person, other than a bona fide employee working solely for National Auto Fleet Group, to solicit or secure this Agreement. Further, National Auto Exhibit 2 36 8
Fleet Group 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 National Auto Fleet Group, 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 9. INDEPENDENT CONTRACTOR
National Auto Fleet Group will act hereunder as an independent contractor. This Agreement shall not and is not intended to constitute as an agent, servant, or employee of City and shall not and is not intended to create the relationship of partnership, joint venture or association between City and National Auto Fleet Group.
Section 10. RECORDS AND INSPECTION
National Auto Fleet Group shall maintain full and accurate records with respect to all matters covered under this Agreement for a period of three (3) years. City shall have access, without charge, upon reasonable notice, during normal business hours to such records, and the right to examine and audit the same and to make transcripts therefrom, and to inspect all program data, documents, proceedings, and activities. This right inspection shall not extend to the makeup of lump sum prices, day rates, or profit margins.
Section 11. CONFLICTS OF INTEREST
National Auto Fleet Group 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 in connection with this project. National Auto Fleet Group 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. National Auto Fleet Group agrees that a clause substantially similar to this Section shall be incorporated into any sub-contract that executes in connection with the performance of this Agreement.
Section 12. INDEMNIFICATION
National Auto Fleet Group shall indemnify, defend and hold harmless the City, its elected and appointed officials, commissioners, officers, employees, agents and volunteers for the same types of loss, claims, suits, actions, damages and causes of action and to the same extent afforded the Sourcewell, Sourcewell's officials, commissioners, officers, agents, employees and volunteers.
Exhibit 2 3�9
Section 13. INSURANCE
National Auto Fleet Group shall at all times during its period of performance under this Agreement maintain all policies of insurance at the same coverage levels and of the same type and scope as set forth under Section 18 of the Sourcewell Contract.
Section 14. MUTUAL COOPERATION
A. City shall provide all pertinent data, documents and other requested information as is reasonably available for the proper performance of National Auto Fleet Group services.
B. In the event any claim or action is brought against City relating to National Auto Fleet Group performance in connection with this Agreement, National Auto Fleet Group shall render any reasonable assistance that City may require.
Section 15. TERMINATION FOR CONVENIENCE; TERMINATION FOR CAUSE A. Termination for Convenience. Prior to the issuance of City's written Notice to Proceed, City may immediately terminate this Agreement, inclusive of the purchase of the Vehicle and the Related Services, without cause, without liability and free of any charge or cost to City. After the City's issuance of a written Notice to Proceed, City may immediately terminate this Agreement for convenience and without cause. Such termination for convenience shall be made in writing signed by the City Representative specifying the effective date of such termination.
National Auto Fleet Group may only terminate this Agreement for cause. Except as otherwise provided herein, in the event of City's termination of this Agreement for convenience, National Auto Fleet Group shall be compensated for such Vehicle delivered to and accepted by City and for such services performed up to the effective date of the termination.
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 under subsection 15(C) below 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) National Auto Fleet Group's failure to fulfill or perform its obligations under this Agreement within the specified time or if no time Exhibit 2 3%0
is specified, within a reasonable time; (ii) National Auto Fleet Group's and/or its employees' disregard or violation 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 National Auto Fleet Group, whether voluntary of involuntary; (iv) National Auto Fleet Group'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 relating to this Agreement is false or erroneous in any material respect.
C. National Auto Fleet Group shall cure the following Events of Defaults within the following time periods-
1. Within ten (10) calendar days of City's issuance of a Default Notice for any failure to timely provide City or its agents with any information and/or written reports, documentation or work product which National Auto Fleet Group is obligated to provide to City or its agents under this Agreement. Prior to the expiration of the 10-day cure period, National Auto Fleet Group may submit a written request for additional time to cure the Event of Default upon a showing that it has commenced efforts to cure the Event of Default and that the Event of Default cannot be reasonably cured within the 10-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 10-day cure period; or
2. Within fifteen (15) 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 15-day cure period, may submit a written request for additional time to cure the Event of Default upon a showing that 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 fifteen (15) calendar days from the end of the initial 15-day cure period.
If an Event of Default relates to a material falsehood or misrepresentation set forth in the Vehicle specifications 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.
D. Except as otherwise specified in this Agreement, City shall cure any Event of Default asserted by within forty-five (45) calendar days of National Auto Fleet Group's issuance of a Default Notice, unless the Event of Default cannot reasonably be cured within the 45-day cure period. Prior to the expiration of the Exhibit 2 3%1
45-day cure period, City may submit a written request for 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 45-day cure period. The foregoing notwithstanding, an Event of Default dealing with City's failure to timely pay any undisputed sums to shall be cured by City within thirty (30) calendar days from the date of National Auto Fleet Group's Default Notice to City.
E. City, in its sole and absolute discretion, may also immediately suspend National Auto Fleet Group's performance under this Agreement (or the performance of any specific task or function performed by under this Agreement) pending National Auto Fleet Group's cure of any Event of Default by giving written notice of City's intent to suspend National Auto Fleet Group'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, National Auto Feel Group shall be compensated only for those services and tasks which have been rendered by 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.
F. 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.
G. 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:
1. Upon written notice to National Auto Fleet Group, the City may immediately terminate this Agreement in whole or in part;
2. Upon written notice to National Auto Fleet Group, the City may extend the time of performance;
3. The City may proceed by appropriate court action to enforce the terms of the Agreement to recover damages for National Auto Fleet Group's breach of the Agreement, obtain specific performance from National Auto Fleet Group or to terminate the Agreement; or
4. The City may exercise any other available and lawful right or remedy.
H. In the event City is in breach of this Agreement, National Auto Fleet Group's sole Exhibit 2 192
remedy shall be the suspension or termination of this Agreement and/or the recovery of any unpaid sums lawfully owed to under this Agreement for completed services and tasks. In no event shall National Auto Fleet Group be entitled to receive more than the amount that would be paid to for the full performance of the services required by this Agreement.
I. 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 16. FORCE MAJEURE
National Auto Fleet Group shall not be liable for any failure to perform if presents acceptable evidence, in City's reasonable judgment, that such failure was due to causes beyond the control and without the fault or negligence of National Auto Fleet Group. In the event that a FORCE MAJEURE event materially increases the National Auto Fleet Group's costs of performance hereunder then City shall make an equitable contribution to all such increased costs of performance to the extent that such costs are not covered by National Auto Fleet Group's insurances.
Section 17. 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 National Auto Fleet Group 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: If to NATIONAL AUTO FLEET GROUP:
City of Bell Gardens National Auto Fleet Group Fleet Management 7100 S. Garfield Avenue 490 Auto Center Drive
Bell Gardens, CA 90201 Watsonville, CA 95076
Attn: Grissel Chavez, Director of Public Attn: Randy Lester Works Phone: (855) 289-6572
Section 18. NON-DISCRIMINATION AND EQUAL EMPLOYMENT OPPORTUNITY In the performance of this Agreement, shall not discriminate against any employee, subcontractor, or applicant for employment because of race, color, creed, religion, sex, marital status, national origin, ancestry, age, physical or mental handicap, medical condition, or sexual orientation or other basis prohibited by law. will take affirmative action Exhibit 2 193
to ensure that subcontractors and applicants are employed, and that employees are treated during employment without regard to their race, color, creed, religion, sex, marital status, national origin, ancestry, age, physical or mental handicap, medical condition, or sexual orientation.
Section 19. PROHIBITION AGAINST ASSIGNMENT
National Auto Fleet Group shall not delegate, transfer, subcontract or assign its duties or rights hereunder, either in whole or in part, without City's prior written consent, which shall not be unreasonably withheld or delayed 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 National Auto Fleet Group.
Section 20. ATTORNEY FEES
In the event that City or National Auto Fleet Group 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 21. 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 National Auto Fleet Group 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 National Auto Fleet Group.
Section 22. 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 23. 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.
Exhibit 2 194
Section 24. AMENDMENT; MODIFICATION
No amendment, modification or supplement of this Agreement shall be valid or binding unless executed in writing and signed by both Parties, subject to City approval. The requirement for written amendments, modifications or supplements cannot be waived and any attempted waiver shall be void and invalid
Section 25. 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 26. AUTHORIZATION
Both parties represent and warrant that the person executing this Agreement on behalf of each party is an authorized agent who has actual authority to bind each party to each and every term, condition, and obligation of this Agreement and that all requirements of each party have been fulfilled to provide such actual authority.
Section 27. SURVIVAL OF PROVISIONS AND OBLIGATIONS
Any provision of this Agreement, which by its nature must be exercised after termination of this Agreement, will survive termination and remain effective for a reasonable time. Any obligation that accrued prior to termination of this Agreement will survive termination of this Agreement.
Section 28. 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 2 195
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 NATIONAL AUTO FLEET GROUP FLEET MANAGEMENT, INC.
By: By:
Michael B. O'Kelly, City Manager
Date: Date:
Approved as to form-
By-
Rick Olivarez, City Attorney
Exhibit 2 A6
EXHIBIT "A"
QUOTATION
Exhibit 2 197
6/7/22,9:14 AM Sell,service,and deliver letter ------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------- lm -to, Fleet Group
National Au
Of Chowiralat of WatmalIVIIII0
6/7/2022 Quote ID: 20361
Order Cut Off Date: TBA
Mr Oscar Flores
City of Bell Gardens
827 Garfield Ave
Bell Gardens, California, 90201
Dear Oscar Flores,
National Auto Fleet Group is pleased to quote the following vehicle(s) for your consideration.
One (1) New/Unused (2023 Ford Transit Passenger Wagon (X2Y) T-350 148" Low Roof XL RWD, ) and delivered to your specified location, each for
One Unit One Unit Total % Total Savings (MSRP) Savings
Contract Price $50,425.00 $48,611.98 3.595 % $1,813.02 Tax (10.2500 %) $4,982.73
Tire fee $8.75
Total $53,603.46
- per the attached specifications.
This vehicle(s) is available under the Sourcewell Contract 091521-NAF . Please reference this Contract number on all purchase orders to National Auto Fleet Group. Payment terms are Net 20 days after receipt of vehicle.
Thank you in advance for your consideration. Should you have any questions, please do not hesitate to call.
Sincerely,
Randy Lester
Account Manager
Email: [email protected]
Office: (855) 289-6572
Fax: (831) 480-8497
CHEVROLET r � °SOY T° �.
Exhibit 2 388
https://nationalautofleetgroup.com/OrderRequest/SSDPrint/20361?ws=true&se=true&ssdType=QuickQuote 2/8
6/7/22,9:14 AM Sell,service,and deliver letter Purchase Order Instructions & Resources
In order to finalize your purchase please submit this purchase packet to your governing body for a purchase order approval and submit your purchase order in the following way:
Email:
Fax: (831) 480-8497
Mail: National Auto Fleet Group
490 Auto Center Drive
Watsonville, CA 95076
We will send a courtesy confirmation for your order and a W-9 if needed.
Additional Resources
Learn how to track your vehicle:
Use the upfitter of your choice:
Vehicle Status:
General Inquiries:
For general questions or assistance please contact our main office at:
1 =855=289 =6572
Exhibit 2 389
https://nationalautofleetgroup.com/OrderRequest/SSDPrint/20361?ws=true&se=true&ssdType=QuickQuote 3/8
6/7/22,9:14 AM Sell,service,and deliver letter Vehicle Configuration Options
ENGINE
Code Description
998 ENGINE: 3.5L PFDI V6 FLEX-FUEL, -inc: port injection and auto start-stop technology (STD)
TRANSMISSION
Code Description
44U TRANSMISSION: 10-SPD AUTOMATIC W/OD & SELECTSHIFT, -inc: auxiliary transmission oil cooler (STD)
PRIMARY PAINT
Code IDescription
YZ IOXFORD WHITE
PAINT SCHEME
Code IDescription
STANDARD PAINT
SEAT TYPE
Code Description
CB JEBONY CLOTH FRONT BUCKET SEATS
AXLE RATIO
Code IDescription
X73 13.73 AXLE RATIO, (STD)
SEATING ARRANGEMENT
Code Description
21 M EBONY CLOTH BUCKET SEATS, -inc: 2-way manual driver seat w/lumbar, 2-way manual passenger seat and driver and passenger armrest (STD)
OPTION PACKAGE
Code Description
301A ORDER CODE 301A
Exhibit 2 390
https://nationalautofleetgroup.com/OrderRequest/SSDPrint/20361?ws=true&se=true&ssdType=QuickQuote 4/8
6/7/22,9:14 AM Sell,service,and deliver letter ------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------- 2023 Fleet/Non-Retail Ford Transit Passenger Wagon T-350 148" Low Roof XL RWD
WINDOW STICKER
2023 Ford Transit Passenger Wagon T-350 148" Low Roof XL RWD CODE MODEL MSRP
X2Y 2023 Ford Transit Passenger Wagon T-350 148" Low Roof XL RWD $48,630.00
OPTIONS
998 ENGINE: 3.5L PFDI V6 FLEX-FUEL, -inc: port injection and auto start-stop technology (STD) $0.00 44U TRANSMISSION: 10-SPD AUTOMATIC W/OD& SELECTSHIFT, -inc: auxiliary transmission oil $0.00 cooler(STD)
YZ OXFORD WHITE $0.00
STANDARD PAINT $0.00
CB EBONY, CLOTH FRONT BUCKET SEATS $0.00 X73 3.73 AXLE RATIO, (STD) $0.00
21 M EBONY CLOTH BUCKET SEATS, -inc: 2-way manual driver seat w/lumbar, 2-way manual $0.00 passenger seat and driver and passenger armrest(STD)
301A ORDER CODE 301A $0.00
Please note selected options override standard equipment SUBTOTAL $48,630.00
Advert/Adjustments $0.00
Manufacturer Destination Charge $1,795.00
TOTAL PRICE $50,425.00
Est City: N/A MPG
Est Highway: N/A MPG
Est Highway Cruising Range: N/A mi
Any performance-related calculations are offered solely as guidelines. Actual unit performance will depend on your operating conditions.
Exhibit 2 391
https://nationalautofleetgroup.com/OrderRequest/SSDPrint/20361?ws=true&se=true&ssdType=QuickQuote 5/8
6/7/22,9:14 AM Sell,service,and deliver letter Standard Equipment
MECHANICAL
Engine: 3.5L PFDi V6 Flex-Fuel -inc: port injection and auto start-stop technology -------------
Transmission: 10-Spd Automatic w/OD & SelectShift -inc: auxiliary transmission oil cooler -------------
3.73 Axle Ratio
GVWR: 9,250 Ibs
50-State Emissions System
Engine Auto Stop-Start Feature
Rear-Wheel Drive
70-Amp/Hr Maintenance-Free Battery w/Run Down Protection HD 250 Amp Alternator
3226# Maximum Payload
Gas-Pressurized Front Shock Absorbers and HD Rear Shock Absorbers Front Anti-Roll Bar
Electric Power-Assist Steering
25.1 Gal. Fuel Tank
Single Stainless Steel Exhaust
Strut Front Suspension w/Coil Springs
Leaf Rear Suspension w/Leaf Springs
4-Wheel Disc Brakes w/4-Wheel ABS, Front Vented Discs, Brake Assist, Hill Hold Control and Electric Parking Brake
EXTERIOR
Wheels: 16" Silver Steel w/Black Hubcap
Tires: 235/65R16C 121/119 R AS BSW
Steel Spare Wheel
Full-Size Spare Tire Stored Underbody w/Crankdown
Clearcoat Paint
Black Front Bumper
Black Rear Bumper w/1 Tow Hook
Black Bodyside Cladding and Black Wheel Well Trim
Black Side Windows Trim and Black Front Windshield Trim Black Door Handles
Black Power Side Mirrors w/Convex Spotter and Manual Folding Fixed Rear Window w/Defroster
Light Tinted Glass
Rain Detecting Variable Intermittent Wipers
Fully Galvanized Steel Panels
xhibit 2 392
https://nationalautofleetgroup.com/OrderRequest/SSDPrint/20361?ws=true&se=true&ssdType=QuickQuote 6/8
6/7/22,9:14 AM Sell,service,and deliver letter Black Grille
Sliding Rear Passenger Side Door
Split Swing-Out Rear Cargo Access
Tailgate/Rear Door Lock Included w/Power Door Locks
Ford Co-Pilot360 - Autolamp Auto On/Off Aero-Composite Halogen Auto High-Beam Headlamps w/Delay-Off
Headlights-Automatic Highbeams
ENTERTAINMENT
Radio: AM/FM Stereo -inc: 4.0" multi-function display, Bluetooth and dual USB ports Radio w/Seek-Scan, Clock, Aux Audio Input Jack, Steering Wheel Controls and SYNC 3 External Memory Control
Streaming Audio
Fixed Antenna
8 Speakers (4 Front/4 Rear)
Bluetooth Wireless Phone Connectivity
1 LCD Monitor In The Front
INTERIOR
Ebony Cloth Bucket Seats -inc: 2-way manual driver seat w/lumbar, 2-way manual passenger seat and driver and passenger armrest
4-Way Driver Seat
4-Way Passenger Seat
Removable Bench Front Facing Rear Seat
Manual Tilt/Telescoping Steering Column
Gauges -inc: Speedometer, Odometer, Engine Coolant Temp, Tachometer and Trip Odometer Fixed Rear Windows and Fixed 3rd Row Windows
FordPass Connect 4G Mobile Hotspot Internet Access
Removable Split-Bench 3rd Row Seat Front, 3 Manual and Adjustable Head Restraints Removable Split-Bench Front Facing 4th Row Seat Number, Control and Type Head Restraint Front Cupholder
Rear Cupholder
Remote Keyless Entry w/Integrated Key Transmitter, Illuminated Entry and Panic Button Manual Air Conditioning
Rear HVAC
HVAC -inc: Underseat Ducts
Locking Glove Box
Driver Foot Rest
Interior Trim -inc: Metal-Look Instrument Panel Insert
xhibit 2 393
https://nationalautofleetgroup.com/OrderRequest/SSDPrint/20361?ws=true&se=true&ssdType=QuickQuote 7/8
6/7/22,9:14 AM Sell,service,and deliver letter Full Cloth Headliner
Urethane Gear Shifter Material
Cloth Front Bucket Seats
Day-Night Rearview Mirror
Driver And Passenger Visor Vanity Mirrors w/Driver And Passenger Illumination Partial Floor Console w/Storage and 2 12V DC Power Outlets Front Map Lights
Fade-To-Off Interior Lighting
Full Vinyl/Rubber Floor Covering
Vinyl/Rubber Floor Trim
Cargo Space Lights
Pre-Collision Assist w/Automatic Emergency Braking
Instrument Panel Bin, Driver/ Passenger And Rear Door Bins Power 1 st Row Windows w/Driver 1-Touch Down
Power Door Locks w/Autolock Feature
Systems Monitor
Analog Appearance
Seats w/Cloth Back Material
Manual Adjustable Front Head Restraints and Manual Adjustable Rear Head Restraints Securilock Anti-Theft Ignition (pats) Engine Immobilizer 2 12V DC Power Outlets
SAFETY
Ford Co-Pilot360 w/Side Wind Stabilization Electronic Stability Control (ESC) And Roll Stability Control (RSC)
ABS And Driveline Traction Control
Side Impact Beams
Dual Stage Driver And Passenger Seat-Mounted Side Airbags Emergency Sos
Ford Co-Pilot360 - Lane-Keeping System Lane Departure Warning Driver Monitoring-Alert
Low Tire Pressure Warning
Dual Stage Driver And Passenger Front Airbags
Safety Canopy System Curtain 1 st, 2nd And 3rd Row Airbags Airbag Occupancy Sensor
Outboard Front Lap And Shoulder Safety Belts -inc: Rear Center 3 Point, Height Adjusters and Pretensioners
Back-Up Camera
Exhibit 2 394
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EXHIBIT "B"
SOURCEWELL DOCUMENTS
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Sourcewell
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RFP #091521
REQUEST FOR PROPOSALS
for
Automobiles, SUVs, Vans, and Light Trucks with Related Equipment and Accessories
Proposal Due Date: September 15, 2021, 4:30 p.m., Central Time Sourcewell, a State of Minnesota local government unit and service cooperative, is requesting proposals for Automobiles, SUVs,Vans,and Light Trucks with Related Equipment and Accessories to result in a contracting solution for use by its Participating Entities. Sourcewell Participating Entities include thousands of governmental, higher education, K-12 education, nonprofit, tribal government, and other public agencies located in the United States and Canada. A full copy of the Request for Proposals can be found on the Sourcewell Procurement Portal [https Zproportal.sourcewell-mn. ov1. Only proposals submitted through the Sourcewell Procurement Portal will be considered. Proposals are due no later than September 15, 2021, at 4:30 p.m. Central Time, and late proposals will not be considered.
Solicitation Schedule
Public Notice of RFP Published: July 28, 2021
Pre-proposal Conference: August 25, 2021, 10:00 a.m., Central Time Question Submission Deadline: September 8, 2021, 4:30 p.m., Central Time Proposal Due Date: September 15, 2021, 4:30 p.m., Central Time Late responses will not be considered.
Opening: September 15, 2021, 6:30 p.m., Central Time See RFP Section V.G."Opening"
Rev.3/2021 Sourcewell RFP#091521
Automobiles,SUVs,Vans,and Light Trucks with Related Equipment and Accessories
Exhibit 2 396
I. ABOUT SOURCEWELL
A. SOURCEWELL
Sourcewell is a State of Minnesota local government unit and service cooperative created under the laws of the State of Minnesota (Minnesota Statutes Section 123A.21) that facilitates a competitive public solicitation and contract award process for the benefit of its 50,000+ participating entities across the United States and Canada. Sourcewell's solicitation process complies with State of Minnesota law and policies, conforms to Canadian trade agreements, and results in cooperative purchasing solutions from which Sourcewell's Participating Entities procure equipment, products, and services.
Cooperative purchasing provides participating entities and suppliers increased administrative efficiencies and the power of combined purchasing volume that result in overall cost savings. At times, Sourcewell also partners with other purchasing cooperatives to combine the purchasing volume of their membership into a single solicitation and contract expanding the reach of contracted suppliers' potential pool of end users.
Sourcewell uses a website-based platform, the Sourcewell Procurement Portal, through which all proposals to this RFP must be submitted.
B. USE OF RESULTING CONTRACTS
In the United States, Sourcewell's contracts are available for use by:
• Federal and state government entities';
• Cities, towns, and counties/parishes;
• Education service cooperatives;
• K-12 and higher education entities;
• Tribal government entities;
• Some nonprofit entities; and
• Other public entities.
In Canada, Sourcewell's contracts are available for use by:
• Provincial and territorial government departments, ministries, agencies, boards, councils, committees, commissions, and similar agencies; • Regional, local, district, and other forms of municipal government, municipal organizations, school boards, and publicly-funded academic, health, and social service entities referred to as MASH sector (this should be construed to include but not be limited to the Cities of Calgary, Edmonton, Toronto, Ottawa, and Winnipeg), as well as any corporation or entity owned or controlled by one or more of the preceding entities; 1 Pursuant to HAIR§3-128-2,the State of Hawaii, Department of Accounting and General Services,State Procurement Office,on behalf of the State of Hawaii and participating jurisdictions,has provided notice of its Intent to Participate in the solicitation as a participating entity.
Rev.3/2021 Sourcewell RFP#091521
Automobiles,SUVs,Vans,and Light Trucks with Related Equipment and Accessories
Exhibit 2 397
• Crown corporations, government enterprises, and other entities that are owned or controlled by these entities through ownership interest; • Members of the Rural Municipalities of Alberta (RMA) and their represented Associations: MASH (municipalities, academic institutions, schools and hospitals) and MUSH (municipalities, universities, schools and hospitals) sectors, and other governmental agencies eligible to use the Sourcewell contracts. MASH and MUSH sector refers to regional, local, district or other forms of municipal government, school boards, publicly-funded academic, health and social service entities, as well as any corporation or entity owned or controlled by one or more of the preceding entities, including but not limited to represented associations, Saskatchewan Association of Rural Municipalities ("SARM"), Association of Manitoba Municipalities ("AMM"), Local Authorities Services/Association of Municipalities Ontario ("LAS/AMO", excluding the cities of Toronto and Ottawa), Nova Scotia Federation of Municipalities ("NSFM"), Federation of Prince Edward Island Municipalities ("FPEIM"), Municipalities Newfoundland Labrador("MNL"), Union of New Brunswick Municipalities ("UNBM"), North West Territories Association of Communities ("NWTAC") and their members.
RMA Participants may include all not-for-profit agencies for Canadian provinces and territories.
For a listing of current United States and Canadian Participating Entities visit Sourcewell's website (note: there is a tab for each country): httl2s:// www.sourcewell-mn.gov/sourcewell-for- vendors/agency-locator.
Participating Entities typically access contracted equipment, products, or services through a purchase order issued directly to the contracted supplier. A Participating Entity may request additional terms or conditions related to a purchase. Use of Sourcewell contracts is voluntary and Participating Entities retain the right to obtain similar equipment, products, or services from other sources.
To meet Participating Entities' needs, Sourcewell broadly publishes public notice of all solicitation opportunities, including this RFP. In the United States each state-level procurement department receives notice for possible re-posting.
Proof of publication will be available at the conclusion of the solicitation process.
II. SOLICITATION DETAILS
A. SOLUTIONS-BASED SOLICITATION
This RFP and contract award process is a solutions-based solicitation; meaning that Sourcewell is seeking equipment, products, or services that meet the general requirements of the scope of this RFP and that are commonly desired or are required by law or industry standards.
Rev.3/2021 Sourcewell RFP#091521
Automobiles,SUVs,Vans,and Light Trucks with Related Equipment and Accessories
Exhibit 2 398
B. REQUESTED EQUIPMENT, PRODUCTS, OR SERVICES
It is expected that proposers will offer a wide array of equipment, products, or services at lower prices and with better value than what they would ordinarily offer to a single government entity, a school district, or a regional cooperative.
1. Sourcewell is seeking proposals for Automobiles, SUVs, Vans, and Light Trucks with Related Equipment and Accessories, including, but not to be limited to:
a. Vehicles of the following types and classifications:
i. Automobiles: mini, subcompact, compact, coupe, sedan, and full-size; ii. Sport Utility Vehicles: cross-over, light duty, and heavy duty; iii. Vans: passenger and cargo;
iv. Trucks: light duty, half ton, three-quarter ton, and one ton; and V. Vehicles of the varieties described in subsections 1. a. i — iv. above, with upfitting designed for Public Safety applications, such as equipment, lighting, technology, and accessories.
b. A wide range of vehicles by: 1) engine type, to include conventional internal combustion, natural gas or propane autogas, hybrid or alternative fuel, and electric powered solutions; 2) seating or cargo configurations, drive train options, and trim levels; and, 3) optional equipment offerings.
c. Proposers may include related equipment, accessories, supplies, parts, and services to the extent that the solutions are an incidental portion of the response.
2. This solicitation does not include those equipment, products, or services covered under categories included in contracts currently maintained by Sourcewell:
a. Ambulance and Emergency Medical Transport Vehicles, with Related Equipment, Accessories, And Supplies (RFP#022118);
b. Firefighting Apparatus, with Related Equipment, Accessories, and Supplies (RFP #022818);
c. Class 4-8 Chassis with Related Equipment, Accessories, and Services (RFP#060920); d. School Buses with Related Accessories, Supplies, Parts, and Services (RFP#063020); and, e. Electric Vehicle Supply Equipment and Related Services (RFP#042221).
Generally, the solutions for Participating Entities are turn-key solutions, providing a combination of equipment, products and services, delivery, and installation to a properly operating status. However, equipment or products only solutions may be appropriate for situations where Participating Entities possess the ability, either in-house or through local third- party contractors, to properly install and bring to operation the equipment or products being proposed.
Rev.3/2021 Sourcewell RFP#091521
Automobiles,SUVs,Vans,and Light Trucks with Related Equipment and Accessories