Agenda packet — Bell Gardens City Council, June 27, 2022 (part 1 of 2)

CITY OF BELL GARDENS
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CITY COUNCIL

REGULAR MEETING
MONDAY, JUNE 27, 2022, 6:00 PM
AGENDA
0 On March 4, 2020, Governor Newsom proclaimed a State of Emergency in California as a result of the threat of COVID-19. On September 16, 2021, Governor Newsom signed Assembly Bill 361 ("AB 361"), which was effective immediately and amends Government Code section 54953 to allow a local legislative body to hold public meetings via teleconferencing and to make public meetings accessible telephonically or otherwise electronically to all members of the public seeking to observe and to address the local legislative body. Pursuant to AB 361, please be advised that members of the Bell Gardens City Council may participate in meetings telephonically. The public may view the meeting and participate in public remotely.

ACCESSIBILITY: If requested, the agenda and backup materials will be made available in appropriate alternative formats to persons with a disability, as required by Section 202 of the Americans with Disabilities Act of 1990 (42 U.S.C. Sec. 12132), and the federal rules and regulations adopted in implementation thereof. Any person who requires a disability-related modification or accommodation, in order to observe and/or offer public comment may request such reasonable modification, accommodation, aid, or service by contacting the City Clerk's office by telephone at 562-806-7704 or via email to [email protected] no later than one (1) hour before the scheduled meeting.

CALL TO ORDER

ROLL CALL OF CITY COUNCIL MEMBERS
Marco Barcena, Council Member
Alejandra Cortez, Council Member
Lisseth Flores, Council Member
Jorgel Chavez, Mayor Pro Tern
Maria Pulido, Mayor

PRESENTATIONS
• SMALL BUSINESS ASSISTANCE GRANT BUSINESS: L&C WIRELESS BUSINESS OWNER: CYNTHIA ROCHA
• LOS ANGELES COMMUNITY COLLEGE DISTRICT LOCAL ADVOCACY - ROBERT

URTEAGA
• JULY2022AS PARKS MAKE LIFE BETTER!@MONTH

PUBLIC COMMENTS ONAGENDAITEMS ONLY
(Three minutes per person)
PUBLIC PARTICIPATION: Pursuant to Government Code Section 54953, recently amended by AB 361,and given the 1 current health concerns, members of the public can access meetings live at https://www.bellgardens.org/i-want-to/watch-city- council-meetings . Members of the public may participate via Zoom by clicking on the City Council's Meeting Calendar on the website. (Be sure to download the Zoom App), the meeting ID is: 813 3236 4343 and the Passcode is: 2021. Comments may also be made via the zoom app by using the "Raise Hand" feature on the zoom app,when it is your turn to speak the host will unmute you. Live comments may also be made by call-in users on zoom by dialing (669)900-9128, when prompted enter the Webinar ID:813 3236 4343#, followed by Passcode: *2021#. During the public comments press *9, when it is your turn to speak, the user will need to dial *6 to unmute. Comments will not be accepted in the QandA/Chat function of the zoom app.

Members of the public may also submit comments electronically for consideration by the City Council by sending them to [email protected]. To ensure distribution to the members of the City Council prior to consideration of the agenda, please submit comments no later than one (1) hour prior to the meeting. Those comments, as well as any comments received after, will be distributed to the members of the City Council and will be made part of the official public record of the meeting.Contact the City Clerk's office at 562-806-7704 or the receptionist's desk at 562-806-7700 for any questions.

CITY MANAGER'S REPORT
CONSENT CALENDAR (Items No. 1-10)
All matters listed under the Consent Calendar are considered to be routine and can be acted on by one roll call�,ote. There will be no separate discussion of these items unless members of the Successor Agency request specific items to be remowd from the Consent Calendar for separate action. Items called for separate discussion will be heard as the next order of business

1. GENERAL MOTION TO WAIVE FULL READING AND APPROVE ORDINANCES BY TITLE ONLY PURSUANT TO CALIFORNIA GOVERNMENT CODE SECTION 36934 In order to expedite the conduct of business at City Council meetings, California State Law (California Government Code Section 36934) allows Ordinances to be read by title if a majority of the legislative body supports the motion to waive the full reading.

Recommendation:

It is staff's recommendation that the City Council approve a general motion to waive full reading and approve Ordinances by title only pursuant to California Government Code Section 36934.

2. APPROVE MINUTES OF THE DECEMBER 13, 2021 CITY COUNCIL CLOSED SESSION & REGULAR MEETING
December 13, 2022 - Closed Session and Regular City Council Meeting Minutes Recommendation:

It is staff's recommendation that the City Council approve the attached minutes.

3. WARRANT REGISTERS AND WIRE TRANSFERS
In approving the action of receiving and filing the warrant registers, the official minutes of the Bell Gardens City Council should state that each individual member of the City Council is not voting on, influencing the outcome of, or participating in approving, accepting, receiving or filing any warrant which bears the name of the same council member, or pays for any costs or expenses, or otherwise benefits the same named council member. Each council member will not be participating, influencing or voting on any such warrant bearing their name or which benefits the same named council member, but with that exception is voting in favor of receiving and filing all other warrants contained in this report, unless otherwise noted on the record at the time of the approval of the action required by this report.

Recommendation:
2 It is staff's recommendation that the City Council receive and file the warrant registers, wire transfers, and net payrolls dated 05/26/22, 05/31/22, 06/02/22, and 06/07/22.

4. APPROVAL OF THE CITY'S STATEMENT OF INVESTMENT POLICY On an annual basis, the City Council must approve the City's Statement of Investment Policy and delegate authority to invest all funds held by the City to the Director of Finance and Administrative Services as the City's Treasurer for a period of one (1)year(Government Code 53607).

Recommendation:

It is staff recommendation that the City Council by motion approve the attached Resolution, adopting the Fiscal Year 2022-23 Statement of Investment Policy and delegating the authority to invest all public funds in accordance with such policy to the Director of Finance and Administrative Services as the City's Treasurer for a period of one (1)year effective July 1, 2022.

5. AWARD OF CONTRACT FOR THE VARIOUS RESIDENTIAL STREET IMPROVEMENTS PROJECT (CIP# 3909J
On April 25, 2022, the City Council approved the rejection of bids received on March 16, 2022 for the construction of the Various Residential Street Improvement Project. Council authorized staff to re-solicit bids and on May 24, 2022, the City received a total of three (3) bid proposals. The project scope of work consists of concrete repairs of the curb, gutters, cross gutters, and sidewalks, concrete pavement repairs, installation of ADA access ramps, pavement grinding and asphalt paving, signing and striping improvements on various street segments. Staff conducted an analysis and determined that Sequel Contractors, Inc. is the lowest responsive and responsible bidder. Therefore, staff is recommending that the project be awarded to Sequel Contractors Inc, authorize staff to execute change orders and any unforeseen condition in an amount not to exceed 10% of the construction contract, and approve an appropriation of$195,998 from Measure R funds to cover the estimated cost of the project.

Recommendation:

It is staff's recommendation that the City Council by motion:

1. Award a construction contract to Sequel Contractors, Inc. in the amount of$695,865.90 for the FY 2021-2022 Various Residential Street Improvements Project—C.I.P. No. 3909; and

2. Authorize staff to execute the agreement and approve change orders that may be necessary during construction to cover any unforeseen condition for a contingency in an amount not to exceed 10% of the construction contract; and

3. Approve an appropriation of $195,998 from Measure M funds to cover the estimated costs of this project.

6. SPEED HUMPS INSTALLATION ON PERRY ROAD BETWEEN LOVELAND STREET AND FOSTER BRIDGE BLVD.

The Public Works Department received a signed petition from residents for the installation of speed humps on Perry Road, from Loveland Street to Foster Bridge Boulevard, due to reported speeding activity. Perry Road is a local north-south residential street providing one lane of travel in each direction with a currently posted speed limit of 25 miles per hour (MPH) and is approximately 3 36.1 feet wide from curb to curb. In response to the request, the City Traffic Engineer ordered traffic volume counts and a speed profile. The recorded speed profile measurements for the combined direction of northbound and southbound Perry Road indicate an 85% percentile speed of 33 miles per hour (MPH), or grater than the posted speed limit of 25 MPH. Based on the qualifying results of the traffic volume and speed surveys, the City Traffic Engineer identified three (3) potential locations for new speed humps. The Traffic and Safety Commission approved the installation pending confirmation of citizen support. On April 20, 2022 staff hand delivered surveys to homes fronting Perry Road from Loveland to Foster Bridge Blvd. A total of 80 surveys were delivered and 54 were received in favor of the installation, thereby exceeding the 51% requirement. Therefore, it is staff's recommendation that the City Council approve the installation of the three (3) speed humps.

Recommendation:

It is staff's recommendation that the City Council by motion:

Approve the construction of three (3) speed humps on Perry Road, between Loveland Street and Foster Bridge Blvd, with the appropriate signage and stenciling.

7. CONSIDERATION AND APPROVAL OF A 30-DAY RESOLUTION REGARDING THE

CONDUCT OF TELECONFERENCED MEETINGS OF THE CITY COUNCIL AND OTHER

CITY BODIES UNDER THE MODIFIED RULES SET FORTH UNDER GOVERNMENT CODE SECTION 54953(E)
AB 361 was signed in to law on September 16, 2021, and immediately went into effect, authorizing local government bodies continue to meet remotely contingent on their compliance of the newly amended Government Code Section 54953.

In compliance with the modified rules set forth under Government Code Section 54953(e), the City Council is requested to reconsider the circumstances regarding the previously approved 30-day resolution authorizing teleconferenced meetings of the City Council and all other city bodies and either extend the authorization or terminate.

Recommendation:

It is staff's recommendation that the City Council adopt or approve the attached Resolution permitting the City conduct public meetings virtually for all public bodies subject to the Brown Act in accordance with the requirements of AB 361, which will require reauthorization every (thirty) 30 days.

8. DECLARATION OF WATER SUPPLY SHORTAGE LEVEL 2
Since 2021, Governor Newsom has issued several proclamations declaring a state of emergency statewide due to severe drought conditions and directed state agencies to take action to preserve critical water supplies, mitigate the effects of drought conditions and ensure the protection of health, safety, and the environment. At its January 4, 2022 regularly scheduled meeting, the State Water Board adopted its first emergency regulation to prevent the unreasonable use of water and to promote water conservation, in accordance with applicable State laws and regulations. The State Water Board adopted its second emergency regulation at its May 24 board meeting, which requires all urban water suppliers to implement conservation actions under Level 2 of their Water Shortage Contingency Plans in order to reduce the State's water usage by 20%. The emergency regulation will remain in effect 4 for one year from the effective date, unless modified, extended or ended. Approving this resolution and declaring Level 2 Water Supply Shortage and following the conservation plan will help the City meet the 20% reduction in potable water use.

Recommendation:

It is staff's recommendation that the City Council by motion:

Approve the attached Resolution declaring a Level 2 Water Supply Shortage pursuant to Bell Gardens Municipal Code Section 11.03.080.

9. APPROVAL OF MEMORANDUM OF UNDERSTANDING AND TEFAPAGREEMENT WITH

THE LOS ANGELES FOOD BANK
Approval of Memorandum of Understanding (MOU) and TEFAP Agency Agreement between the City of Bell Gardens and Los Angeles Food Bank for monthly food distribution product.

Recommendation:

It is staff's recommendation that the City Council approve the attached MOU and TEFAP Agency Agreement between the City of Bell Gardens and Los Angeles Food Bank for food supplies for a monthly food distribution.

10. CONTRACT AMENDMENT NO. 4 FOR MICHAEL BAKER INTERNATIONAL FISCAL YEAR 2022-2023 CDBG PROGRAM ADMINISTRATION
Amendment No. 4 to the Michael Baker International Contract Services Agreement for CDBG Program Administration.

Recommendation:

It is staff's recommendation that the City Council adopt the attached resolution and approve a Fourth Amendment to the Michael Baker International Professional Services Agreement for Fiscal Year 2022- 2023 and task budget reallocation for Community Development Block Grant (CDBG) program administration.

DISCUSSION (Items No. 11-12)

11. ADOPTION OF THE FISCAL YEAR2022-23 OPERATING AND CAPITAL IMPROVEMENT

BUDGETS, COMPENSATION PLAN, AND ESTABLISHING THE APPROPRIATIONS LIMIT
Presented for adoption is the July 1, 2022 - June 30, 2023 Operating and Capital Improvement Budgets and Compensation Plan; and GANN Appropriations limit for FY 2022-2023 pursuant to Article XI I I-B of the California State Constitution.

Recommendation:

It is staff's recommendation that the City Council by motion approve:

1. The attached Resolution adopting the fiscal year July 1, 2022 to June 30, 2023 (FY 2022-23) Operating and Capital Improvement Budgets and Compensation Plan; and

2. The attached Resolution establishing the GANN Appropriations limit for FY 2022-23 pursuant to Article XI I I-B of the California State Constitution.
5 12. DESIGNATION OF VOTING DELEGATES AND ALTERNATES - LEAGUE OF CALIFORNIA CITIES ANNUAL CONFERENCE & EXPO -SEPT EMBER 7-9, 2022 The League of California Cities Annual Conference is scheduled for September 7-9, 2022. The Annual Business Meeting is scheduled for on Friday, September 9, 2022. Consistent with League bylaws, a city's voting delegate and up to two (2) alternates must be designated by the City Council. The voting delegate and alternate must be registered to attend the conference.

Recommendation:

It is staff's recommendation that the City Council designate a voting delegate and up to two (2) alternates to attend the League of California Cities Annual Business Meeting, scheduled for September 9, 2022 where the League membership will consider and take action on resolutions that establish League policy.

PUBLIC COMMENTS ON NON-AGENDA ITEMS UNDER THE SUBJECT MATTER

JURISDICTION OF THE CITY COUNCIL
(Three minutes per person)
PUBLIC PARTICIPATION: Pursuant to Government Code Section 54953, recently amended by AB 361,and given the current health concerns, members of the public can access meetings live at https://www.bellgardens.org/i-want-to/watch-city- council-meetings . Members of the public may participate via Zoom by clicking on the City Council's Meeting Calendar on the website. (Be sure to download the Zoom App), the meeting ID is: 813 3236 4343 and the Passcode is: 2021. Comments may also be made via the zoom app by using the "Raise Hand" feature on the zoom app,when it is your turn to speak the host will unmute you. Live comments may also be made by call-in users on zoom by dialing (669)900-9128, when prompted enter the Webinar ID:813 3236 4343#, followed by Passcode: *2021#. During the public comments press *9, when it is your turn to speak, the user will need to dial *6 to unmute. Comments will not be accepted in the QandA/Chat function of the zoom app.

CITY COUNCIL MEMBER COMMENTS

ADJOURNMENT
Posted by: Jane Halstead, CMC, City Clerk- June 23, 2022 6 CITY OF BELL GARDENS

OFFICE OF THE CITY MANAGER
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AG E N DA RE P O RT
Item 1.

TO: Honorable Mayor and City Council Members
FROM: Philip Wagner, City Manager
BY: Kristina Santana, City Clerk
SUBJECT: GENERAL MOTION TO WAIVE FULL READING AND APPROVE ORDINANCES BY TITLE ONLY PURSUANT TO CALIFORNIA GOVERNMENT CODE SECTION 36934 DATE: June 27, 2022
RECOMMENDATION:

It is staff's recommendation that the City Council approve a general motion to waive full reading and approve Ordinances by title only pursuant to California Government Code Section 36934.

BACKGROUND/DISCUSSION:

In order to expedite the conduct of business at Council meetings, California State Law(California Government Code Section 36934) allows Ordinances to be read by title if a majority of the Council supports the motion waiving the full reading. Most California cities adopt a standard motion at the beginning of each meeting in order to effectuate this waiver.

Since most of the Ordinances introduced and adopted consist of multiple pages of technical language, reading by title only allows the Council to eliminate the communication of redundant information and attend to other matters during the meetings. Otherwise, the entire Ordinance language will have to be read in full.

CONCLUSION:

Allowing ordinances to be read by title only, according to California State Law, will expedite the conduct of business at Council Meetings.

FISCAL IMPACT:

No fiscal impact.

APPROVED ELECTRONICALLY BY:

Michael B. O'Kelly, City Manager
Stephanie Vasquez, Assistant City Attorney for Rick R. Olivarez, City Attorney Manuel Carrillo, Director of Finance and Administrative Services 7 CITY OF BELL GARDENS

OFFICE OF THE CITY MANAGER
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AG E N DA RE P O RT
Item 2.

TO: Honorable Mayor and City Council Members
FROM: Michael B. O'Kelly, City Manager
BY: Jane Halstead, City Clerk
SUBJECT: APPROVE MINUTES OF THE DECEMBER 13, 2021 CITY COUNCIL CLOSED SESSION & REGULAR MEETING
DATE: June 27, 2022
RECOMMENDATION:

It is staff's recommendation that the City Council approve the attached minutes.

BACKGROUND/DISCUSSION:

Every City Council Meeting, the City Clerk summarizes the actions and comments made by the City Council.

CONCLUSION:

If approved, the minutes of the December 13, 2022 Closed Session and Regular City Council Meeting will be archived in the City Clerk's Office.

FISCAL IMPACT:

No fiscal impact.

ATTACHMENTS:

Exhibit 1 - December 13, 2021 Minutes of the Closed Session & Regular City Council Meeting APPROVED ELECTRONICALLY BY:

Michael B. O'Kelly, City Manager
Stephanie Vasquez, Assistant City Attorney for Rick R. Olivarez, City Attorney Manuel Carrillo, Director of Finance and Administrative Services 8 CITY OF BELL GARDENS

CITY COUNCIL

CLOSED SESSION MEETING
MONDAY, DECEMBER '13, 2021, 5:00 P.M.
e MINUTES
LOCATION: CITY COUNCIL CHAMBER, 7100 GARFIELD AVENUE, BELL GARDENS, CA/TELECONFERENCE

CALL TO ORDER
Pursuant to Assembly Bill 361, The Council Members of the City of Bell Gardens City Council held a Closed Session meeting on December 13, 2021, via teleconference in the Council Chambers, 7100 Garfield Avenue, Bell Gardens, CA with Mayor Marco Barcena presiding. Mayor Marco Barcena called the meeting to order at 5:07 p.m.

ROLL CALL OF CITY COUNCIL MEMBERS

Present: Jorgel Chavez, Council Member/Agency Member
Alejandra Cortez,Council Member/Agency Member (arrived late) Lisseth Flores,Council Member/Agency Member
Maria Pulido, Mayor Pro Tem/Vice Chair (arrived late/remotely) Marco Barcena, Mayor/Chair

Absent: None

COMMENTS ON AGENDA ITEMS ONLY
(Three minutes per person)
No comments.

CLOSED SESSION (Items No. 1-4)
City Attorney Rick Olivarez office announced the City Council Closed Session items. The City Council recessed into closed session at 5:09 p.m. to discuss the items listed on the agenda.

The City Council reconvene to open session at 6:07 p.m. City Attorney Rick Olivarez announced the Closed Session report during December 13, 2021, Regular City Council Meeting (see page 3 for the report on Closed Session).

1. CONFERENCE WITH LABOR NEGOTIATORS PURSUANT TO GOVERNMENT CODE SECTION 54957.6
City-Designated Representatives: Michael B. O'Kelly
Manuel Carrillo
Employee Organizations: City Employees Association (CEA) Public Works Employees Association (PWEA)
Public Works Supervisors Association (PWSA)
Police Officer Association (POA)
Police Management Association (PMA)
Exhibit 1 9

Closed Session & Regular City Council Meeting
Minutes of December 13, 2021
Non-Represented

2. CONFERENCE WITH LEGAL COUNSEL PURSUANT TO GOVERNMENT CODE SECTION 54956.9(D)(1) - EXISTING LITIGATION
City of Bell Gardens, a California Municipality, v. Jennifer Rodriguez, Case No. 20STCV38848.

3. CONFERENCE WITH LEGAL COUNSEL PURSUANT TO GOVERNMENT CODE SECTION 54956.9(D)(1) - EXISTING LITIGATION
In Re: National Prescription Opiate Litigation, U.S. District Court, Northern District of Ohio, Case No. 1:17-Md-02804.

4. CONFERENCE WITH LEGAL COUNSEL PURSUANT TO GOVERNMENT CODE SECTION 54956.9(D)(4) — POTENTIAL LITIGATION
One (1) Matter
ADJOURNMENT - Closed Session meeting adjourned at 6.00 p.m.

Vanessa Quiroz
Acting City Clerk
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Exhibit 1 10

CITY OF BELL GARDENS

CITY COUNCIL

REGULAR MEETING
MONDAY, DECEMBER 13, 2021, 6:00 P.M.

MINUTES
LOCATION: CITY COUNCIL CHAMBER, 7100 GARFIELD AVENUE, BELL GARDENS, CA/TELECONFERENCE

CALL TO ORDER
Pursuant to Assembly Bill 361, The Council Members of the City of Bell Gardens City Council held a regular meeting on December 13, 2021, via teleconference in the Council Chambers, 7100 Garfield Avenue, Bell Gardens, CA with Mayor Marco Barcena presiding. Mayor Marco Barcena called the meeting to order at 6:14 p.m. and made an announcement of Conflict of Interest. City Council Members were asked to recuse themselves by turning off their video where a conflict does exist.

ROLL CALL OF CITY COUNCIL MEMBERS

Present: Jorgel Chavez, Council Member (Council Chamber) Alejandra Cortez,Council Member (Council Chamber)
Lisseth Flores,Council Member (Council Chamber)
Maria Pulido, Mayor Pro Tem (Council Chamber)
Marco Barcena, Mayor (Council Chamber)

Absent: None

CLOSED SESSION REPORT
The members of the City Council and Successor Agency met in closed session to discuss the items listed on the agenda. Mayor Pro Tem Maria Pulido and Councilwoman Alejandra Cortez arrived late, however they both participated in the discussions of all the closed session items. With respect to both the City Council and Successor Agency items appearing on the agendas, briefings were presented, direction was given but no final action was taken.

PRESENTATION
0 Certificate of Recognition for Angel Del Villar
Mayor Marco Barcena presented a certificate of recognition on behalf of the City Council to Angel Del Villar for hosting the holiday toy giveaway.

PUBLIC COMMENTS ON AGENDA ITEMS ONLY
No public comments.

PUBLIC HEARING (Items No. 1-2)
Exhibit 1 11

Closed Session & Regular City Council Meeting
Minutes of December 13, 2021

1. CONDUCT A PUBLIC HEARING TO CONSIDER THE ADOPTION OF A

RESOLUTION ESTABLISHING A NEW FEE SCHEDULE FOR ALL

RECREATION AND COMMUNITY SERVICES FACILITIES AND PROGRAMS

FOR PUBLIC USE
Staff is proposing the adoption of a resolution establishing a new fee schedule for all Recreation and Community Services Facilities and Programs for Public Use.

Recommendation:

It is staff's recommendation that City Council conduct a public hearing, receive public testimony, and adopt the attached Resolution establishing a new fee schedule for all Recreation and Community Services Facilities and Programs for Public Use.

Mayor Marco Barcena opened the public hearing at 6:20 p.m.

City Manager Michael O'Kelly and Director of Recreation and Community Services Rozanne Adanto introduced the item.

Director of Recreation and Community Services Rozanne Adanto explained that the fee schedule for the Recreation and Community Services Department hasn't been adjusted since 2009.

Mayor Marco Barcena opened public participation at 6:26 p.m..

There were no speakers or written comments for this item.

Mayor Marco Barcena closed public participation at 6:27 p.m..

Mayor Marco Barcena closed the public hearing at 6:27 p.m. and moved to council member comments.

Director of Recreation and Community Services Rozanne Adanto explained that no children will be prohibited from participating in any sports, recreation activities, programs, or classes due to lack of financial resources. She also explained that prior to the proposed fees there were no non-resident fee's established.

After a brief discussion, a motion was made by Councilwoman Alejandra Cortez, seconded by Councilwoman Lisseth Flores to approve staff's recommendation.

The motion carried 5-0 with the following vote.

AYES: Council Member Chavez, Councilwoman Cortez, Councilwoman Flores; Mayor Pro Tern Pulido, Mayor Barcena
NOES: None
ABSENT: None
ABSTAIN: None
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Exhibit 1 12

Closed Session & Regular City Council Meeting
Minutes of December 13, 2021

2. CONDUCT A PUBLIC HEARING AND ADOPT RESOLUTION VACATING A

PORTION OF A PUBLICLY OWNED SEGMENT AT SHULL

STREET/JABONERIA ROAD
The City of Bell Gardens is considering entering into a Billboard Lease Agreement with Outfront Media, LLC for the construction of a new electronic billboard sign on a public right-of-way segment along Jaboneria Road and Shull Street. Prior to the construction of the billboard, the City must vacate approximately 2,500 square feet of public right-of-way.

Recommendation:

It is staff's recommendation that the City Council by motion;

1. Conduct a public hearing and receive public testimony on the proposed summary street vacation of a portion of Jaboneria Road and Shull Street; and

2. Adopt the attached Resolution ordering the summary street vacation of a portion of Jaboneria Road and Shull Street, which is an unused and closed public street on land owned by the City;

3. Direct the City Clerk to send a certified confirming copy of the attached Resolution to the Los Angeles County Recorder; and

4. Direct staff to send a dated copy of the attached Resolution to the affected utility companies.

Mayor Marco Barcena opened the public hearing at 6:32 p.m.

City Manager Michael O'Kelly introduced this item
City Engineer Douglas Benash gave a PowerPoint presentation.

Mayor Marco Barcena opened the public participation at 6:37 p.m.

There were no comments for this item.

Mayor Marco Barcena closed public participation at 6:38 p.m.

Mayor Marco Barcena opened Council Member comments
There were no comments for this item.

Mayor Marco Barcena closed the public hearing at 6:39 p.m.

A motion was made by Mayor Marco Barcena and seconded by Mayor Pro Tern Maria Pulido to approve staff's recommendation.

The motion carried 5-0 with the following vote.

AYES: Council Member Chavez, Councilwoman Cortez, Councilwoman Flores; Mayor Pro Tern Pulido, Mayor Barcena
NOES: None
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Exhibit 1 13

Closed Session & Regular City Council Meeting
Minutes of December 13, 2021
ABSENT: None
ABSTAIN: None

PUBLIC COMMENTS ON AGENDA ITEMS
No comments

CITY MANAGER'S REPORT
City Manager Michael O'Kelly commented on the recent food distribution, turkey give- away and Del Records holiday toy giveaway events. He also announced the recent $4 million dollar Prop 68 grant funds that the City received for improvements at Bell Gardens Veteran's Park.

CONSENT CALENDAR (Items No. 3-14)
Councilwoman Lisseth Flores pulled items 11,12, and 14 for a separate discussion.

A motion was made by Councilwoman Lisseth Flores, seconded by Mayor Marco Barcena to approve item no. 3-10 and 13 on the consent calendar.

The motion carried 5-0 with the following vote:

AYES: Council Member Chavez, Councilwoman Cortez, Councilwoman Flores; Mayor Pro Tern Pulido, Mayor Barcena
NOES: None
ABSENT: None
ABSTAIN: None
Councilwoman Lisseth Flores pulled items no. 11, 12, and 14 to emphasize the City's effort to be frugal, thrifty, and resourceful in seeking additional funds for City services.

Staff provided a brief overview of items no. 11, 12 and 14.

After a brief discussion, a motion was made by Councilwoman Lisseth Flores and seconded by Mayor Marco Barcena to approve items no. 11 12 and 14 on the consent calendar.

The motion carried 5-0 with the following vote:

AYES: Council Member Chavez, Councilwoman Cortez, Councilwoman Flores; Mayor Pro Tern Pulido, Mayor Barcena
NOES: None
ABSENT: None
ABSTAIN: None
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Exhibit 1 14

Closed Session & Regular City Council Meeting
Minutes of December 13, 2021

3. GENERAL MOTION TO WAIVE FULL READING AND APPROVE

ORDINANCES BY TITLE ONLY PURSUANT TO CALIFORNIA GOVERNMENT CODE SECTION 36934
In order to expedite the conduct of business at City Council meetings, California State Law (California Government Code Section 36934) allows Ordinances to be read by title if the majority of the legislative body supports the motion to waive the full reading.

Recommendation:

It is staff's recommendation that the City Council approve a general motion to waive full reading and approve Ordinances by title only pursuant to California Government Code Section 36934.

4. APPROVE MINUTES OF THE OCTOBER 11, 2021 CITY COUNCIL CLOSED

SESSION AND REGULAR MEETING
October 11, 2021 - Closed Session and Regular City Council Meeting Minutes Recommendation:

It is staff's recommendation that the City Council approve the attached minutes.

5. WARRANT REGISTERS AND WIRE TRANSFERS
In approving the action of receiving and filing the warrant registers, the official minutes of the Bell Gardens City Council should state that each individual member of the City Council is not voting on, influencing the outcome of, or participating in approving, accepting, receiving or filing any warrant which bears the name of the same council member, or pays for any costs or expenses, or otherwise benefits the same named council member. Each council member will not be participating, influencing or voting on any such warrant bearing their name or which benefits the same named council member, but with that exception is voting in favor of receiving and filing all other warrants contained in this report, unless otherwise noted on the record at the time of the approval of the action required by this report.

Recommendation:

It is staff's recommendation that the City Council receive and file the warrant registers, wire transfers, and net payrolls dated 10/21/21, 10/26/21 11/02/21, 11/04/2021, 11/09/21 and 11/16/21.

6. SECOND READING OF ORDINANCE NO. 919 AMENDING THE CITY'S

ACCESSORY DWELLING UNIT STANDARDS (ZONING CODE AMENDMENT NO. 2021-006)
Consideration of Ordinance No. 919 amending the City's Accessory Dwelling Unit Standards pursuant to Zoning Code Amendment No. 2021-006. The Ordinance was introduced on November 8, 2021.

Recommendation:

It is the Planning Commission's recommendation, based on staff's recommendation, that the City Council approve Zoning Code Amendment No. 2021-006, waive the second reading and adopt Ordinance No. 919 (Exhibit 2) amending Title 9 of the Bell Gardens Municipal Code (BGMC) as follows:

Chapter 9.04, "Definitions", Section 9.04.010 "A" definitions; and 7of14
Exhibit 1 15

Closed Session & Regular City Council Meeting
Minutes of December 13, 2021
Chapter 9.20, "Special Uses and Applicable Standards", Section 9.20.036, "Accessory Dwelling Unit."

7. SECOND READING OF ORDINANCE NO. 920 AMENDING THE BELL GARDENS MUNICIPAL CODE CHAPTER 16.12 SOLID WASTE AND RECYCLABLE COLLECTION AND DISPOSAL; CHAPTER 11.03 WATER CONSERVATION PLAN; AND CHAPTER 6.18 GREEN BUILDING

STANDARDS CODE
Senate Bill No. 1383 (SB 1383) was signed into law on September 19, 2016 to reduce organic waste disposal by 75% and increase edible food recovery by 20%, by 2025. Its goal is to establish methane emissions reduction targets in a statewide effort to reduce emissions of short-lived climate pollutants (SLCP). Compliance with SB 1383 requires the City develop commercial and residential organics waste collection programs, edible food recovery programs, procurement mechanisms for SB 1383-qualifying recycled content products, enforcement, and penalties of mandated organic waste diversion, and jurisdictional municipal code updates aligned with the legislative mandates of SB 1383. In order to address the mandatory organic waste requirements of SB 1383, City staff developed amendments to the City's Municipal Code Chapters 16.12 (Solid Waste and Recyclable Collection and Disposal), 11.03 (Water Conservation Plan), and 6.18 (Green Building Standards Code). The Ordinance was introduced on November 8, 2021.

Recommendation:

It is staff's recommendation that the City Council by motion waive the second reading and adopt Ordinance No. 920 CHAPTER 16.12 - SOLID WASTE AND RECYCLABLE COLLECTION AND DISPOSAL; CHAPTER 11.03 WATER CONSERVATION PLAN; and CHAPTER 6.18 GREEN BUILDING STANDARDS CODE.

8. CONSIDERATION OF A RESOLUTION REAFFIRMING RESOLUTION NO. 2020-21 WHICH DECLARED A LOCAL EMERGENCY DUE TO THE PUBLIC THREAT CAUSED BY CORONAVIRUS (COVID-19)
On March 17, 2020, the City of Bell Gardens City Council adopted Resolution No. 2020-21 declaring a local emergency due to COVID-19 as authorized by Government Code Section 8630 and Title 2 (Administration and Personnel), Chapter 2.34 (Disaster Council), Section 2.34.030 (Created — Membership) of the Bell Gardens Municipal Code ("Code"). Government Code Section 8630(c) states that a City Council "shall review the need for continuing the local emergency at least once every 60 days until the governing body terminates the local emergency." The conditions of extreme peril to the safety of persons and property continue due to COVID-19 in the City of Bell Gardens.

Recommendation:

It is staff's recommendation that the City Council approve the attached Resolution reaffirming the declared local emergency due to the public threat caused by coronavirus (COVID-19).
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Exhibit 1 16

Closed Session & Regular City Council Meeting
Minutes of December 13, 2021

9. CONSIDERATION AND APPROVAL OF A 30-DAY RESOLUTION REGARDING

THE CONDUCT OF TELECONFERENCED MEETINGS OF THE CITY COUNCIL

AND OTHER CITY BODIES UNDER THE MODIFIED RULES SET FORTH UNDER GOVERNMENT CODE SECTION 54953(E) AND OTHER APPLICABLE PROVISIONS AB 361
AB 361 was signed in to law on September 16, 2021, and immediately went into effect, authorizing local government bodies continue to meet remotely contingent on their compliance of the newly amended Government Code Section 54953.

Recommendation:

It is staff's recommendation that the City Council adopt the attached Resolution permitting the City to conduct public meetings virtually for all public bodies subject to the Brown Act in accordance with the requirements of AB 361, which will require reauthorization every (thirty) 30 days.

10. CONSIDERATION TO ADOPT MEMORANDA OF UNDERSTANDING WITH

THE BELL GARDENS CITY EMPLOYEES ASSOCIATION, PUBLIC WORKS

EMPLOYEES ASSOCIATION, PUBLIC WORKS SUPERVISORS ASSOCIATION AND POLICE MANAGEMENT ASSOCIATION; AND

RESOLUTION FOR THE FULL-TIME NON-REPRESENTED GROUP
Consideration to Adopt Memoranda of Understanding with the Bell Gardens City Employees Association, Public Works Employees Association, Public Works Association and Police Management Association; and Resolution Memorializing Compensation and Benefits for the Full-Time Non-Represented Group Recommendation:

It is staff's recommendation that the City Council, by motion, approve Resolution No. 2021-106, 2021-1077 2021-108 and 2021-09 adopting Memoranda of Understanding between the City of Bell Gardens and the City Employees Association (CEA), Public Works Employees Association (PWEA), Public Works Supervisors Association (PWSA) and Police Management Association (PMA) for the period July 1, 2021 through June 30, 2023, and Resolution No. 2021-110 memorializing the compensation and benefits for the Non-Represented, Full-Time Executive Management, Mid-Management and Confidential Employees Group.

11. APPROVING THE PURCHASE OF A REPLACEMENT SPEED TRAILER FROM ALL TRAFFIC SOLUTIONS INC.

On Monday, October 25, 2021, the City Council approved the acceptance of the Selective Traffic Enforcement Program (STEP) grant through the California Office of Traffic Safety in the amount of $85,000.00 for FY2021-22. These funds will be utilized to purchase a new Speed Alert 24 Radar Message Sign trailer.

Recommendation:
9of14
Exhibit 1 17

Closed Session & Regular City Council Meeting
Minutes of December 13, 2021
It is staff's recommendation that the City Council authorize the City Manager to finalize the terms and conditions of the purchase agreement subject to the specifications of the quote and warranties attached hereto and subject to approval by City Attorney.

12. APPROVING THE PURCHASE OF A REPLACEMENT PUBLIC WORKS TRUCK (2021 CHEVROLET 4500)
Staff is seeking authorization to purchase one (1) replacement Public Works Department vehicle due to engine failure. The requested replacement vehicle serves an important need in the City, utilized by staff daily to respond to and address illegal dumping activity. Staff is recommending to purchase this vehicle through the Camino Real Chevrolet dealership for a cost of $82,419.44. There is currently $59,000 available in the vehicle replacement fund and therefore an additional appropriation of $23,419.44 is necessary to fully fund the purchase of this new replacement vehicle.

Recommendation:

It is staff's recommendation that the City Council by motion;

1. Adopt the attached Resolution; and

2. Approve an agreement with Camino Real Chevrolet for the purchase of one (1) 2021 Chevrolet LCF 4500 truck for a total cost of $82,419.44; and

3. Approve an appropriation of$23,419.44 from the General Fund to cover the unbudgeted purchase of the proposed replacement vehicle.

13. AWARD OF CONTRACT FOR THE SLURRY SEAL IMPROVEMENT PROJECT ZONE 3 AND 4A (CIP# 3910)
The City's Capital Improvement Program includes the Slurry Seal Improvements Project Zone 3 and 4A. The project scope of work consists of furnishing all materials, equipment, tools, labor, and incidentals, as required by the Plans, Specifications, and Contract documents to slurry seal various streets within Zone 3 and 4A. Upon City Council approval, staff will coordinate with the contractor to begin construction with an anticipated start date by February 2022.

Recommendation:

It is staff's recommendation that the City Council by motion;

1. Award a construction contract to Doug Martin Contracting Co., Inc., in the amount of$133,971.24 for the Slurry Seal Improvement Zone 3 and 4A—C.I.P.

No. 3910; and

2. Authorize staff to execute the agreement and approve change orders that may be necessary during construction to cover any unforeseen condition in an amount not to exceed 10% of the construction contract.

14. ADOPT A RESOLUTION AUTHORIZING PARTICIPATION IN THE OPIOID NATIONAL SETTLEMENTS ARISING OUT OF IN RE: NATIONAL PRESCRIPTION OPIATE LITIGATION, U.S. DISTRICT COURT, NORTHERN DISTRICT OF OHIO, CASE NO. 1:17-MD-02804.
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Exhibit 1 18

Closed Session & Regular City Council Meeting
Minutes of December 13, 2021
A $26 billion nationwide settlement has been reached with four opioid distributors, comprising of a $21 billion settlement with three big distributors and a $5 billion with Jansen in an effort to hold the Opioid Defendants financially responsible for the impact on of the Opioid Epidemic.

Recommendation:

It is staff's recommendation that the City Council adopt the attached resolution, authorizing the City Manager, to settle and release the City's claims against the Settling Defendants in exchange for the consideration set forth in the Settlement Agreements, Allocation Agreements including taking the following measures:

1. The execution of the Participation Agreement to the Distributors Settlement Agreement and any and all documents ancillary thereto.

2. The execution of the Participation Agreement to the Janssen Settlement Agreement and any and all documents ancillary thereto.

3. The execution of the Proposed California State-Subdivision Agreement Regarding Distribution and Use of Settlement Funds - Distributor Settlement by executing the signature pages to that Allocation Agreement.

4. The execution of the Proposed California State-Subdivision Agreement Regarding Distribution and Use of Settlement Funds - Janssen Settlement Allocation Agreements by executing the signature pages to that Allocation Agreement.

DISCUSSION (Item No. 15-18)

15. LOCAL COMMISSIONS APPOINTMENT LIST
The Local Commissions Appointments List outlines the City of Bell Gardens Commissions and Commissioners. Per the Bell Gardens Municipal Code, City Commissions consist of Bell Gardens residents appointed by each member of the City Council. Council Members may remove commissioners during any regular City Council meeting and may appoint commissioners following 10 days after the posting of the vacancy notice.

Recommendation:

It is staff's recommendation that the City Council review the Commissions Appointments List and by motion, remove commissioners and/or make appointments to the posted vacancies.

No action was taken for this item.

16. CITY OF BELL GARDENS STABILIZATION STRATEGIES FOR LONG-TERM

PENSION LIABILITIES
Staff is presenting with the assistance of Michael Bush, Chief Executive and Strategy Officer with Urban Futures, Inc. (A Municipal Advisor) an information overview of the City of Bell Gardens' current Pension Liability Obligations. As well as an overview of potential further analysis to identify potential cost savings options and a reduction in overall pension liability.
11 of 14
Exhibit 1 19

Closed Session & Regular City Council Meeting
Minutes of December 13, 2021
Recommendation:

It is staff's recommendation that the City Council by motion:

1. Authorize City Manager to commence Judicial Validation Proceedings related to the Sale of Pension Obligation Bonds or similar pension bonding mechanism; and

2. Authorize staff to solicit proposals from qualified firms to serve as municipal advisor to the City; and

3. Authorize staff to solicit proposals from qualified firms to serve as Bond & Disclosure to the City and to manage the validation proceedings.

City Manager Michael O'Kelly and Finance Director Manuel Carrillo introduced the item.

Michael Bush from Urban Future, Inc. presented a PowerPoint presentation with a more detailed view of the City's Pension Liability Obligations. He also provided potential cost savings options.

A motion was made by Councilwoman Lisseth Flores and seconded by Councilwoman Alejandra Cortez to approve this item.

The motion carried 5-0 with the following vote:

AYES: Council Member Chavez, Councilwoman Cortez, Councilwoman Flores; Mayor Pro Tern Pulido, Mayor Barcena
NOES: None
ABSENT: None
ABSTAIN: None
At this point, Mayor Marco Barcena recessed the meeting for ten minutes.

17. STATE LEGISLATIVE UPDATE - PLANNING AND HOUSING BILLS State Legislative Update — Planning and Housing Bills
Recommendation:

It is staff's recommendation that the City Council receive and file this report.

City Manager Michael O'Kelly and Director of Community Development Gustavo Romo introduced this item.

City Attorney Lloyd Pilchen gave a PowerPoint presentation on the recently signed housing bills that specifically address the California ongoing housing affordability crisis and the environment. He provided a brief overview of SB 97 SB 107 AB 13987 SB 3307 SB 10007 SB 379 and SB1035.

A motion was made by Councilwoman Alejandra Cortez, seconded by Councilwoman Lisseth Flores to receive and file the report.

The motion carried 5-0 with the following vote:
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Exhibit 1 20

Closed Session & Regular City Council Meeting
Minutes of December 13, 2021
AYES: Council Member Chavez, Councilwoman Cortez, Councilwoman Flores; Mayor Pro Tem Pulido, Mayor Barcena
NOES: None
ABSENT: None
ABSTAIN: None

18. CITY COUNCIL RE-ORGANIZATION
The City Clerk will call for nominations and voting for Mayor/Chair and Mayor Pro Tem/Vice Chair City of Bell Gardens City Council and Successor Agency to the Community Development Commission.

Recommendation:

In accordance with Bell Gardens Municipal Code section 2.04.020(C) it is staff's recommendation that the City Council nominate and vote for Mayor/Chair and Mayor Pro Tem/Vice Chair of the City of Bell Gardens City Council and Successor Agency to the Community Development Commission.

City Manager Michael O'Kelly recognized outgoing Mayor Marco Barcena and Mayor Pro Maria Pulido's hard work and support during the year.

Assemblymember Christina Garcia, Los Angeles County Supervisor Hilda Solis and the City Council from the City of Cudahy, Montebello, and Southgate provided certificates of recognition to outgoing Mayor Marco Barcena and Mayor Pro Tem Maria Pulido.

Mayor Marco Barcena reflected on his year as Mayor and expressed his support for the incoming Mayor. He thanked the council and staff for their efforts and encouraged everyone to watch the State of the City.

Councilwoman Lisseth Flores nominated Maria Pulido as Mayor.

A motion was made by Councilwoman Lisseth Flores, seconded by Councilwoman Alejandra Cortez to appoint Maria Pulido as Mayor.

The motion carried 5-0 with the following vote:

AYES: Council Member Chavez, Councilwoman Cortez, Councilwoman Flores; Mayor Pro Tem Pulido, Mayor Barcena
NOES: None
ABSENT: None
ABSTAIN: None
Councilwoman Alejandra Cortez nominate Council Member Jorgel Chavez for Mayor Pro Tem.

A motion was made by Councilwoman Alejandra Cortez, Seconded by Councilwoman Lisseth Flores to appoint Council Member Jorgel Chavez for Mayor Pro Tem 13 of 14
Exhibit 1 21

Closed Session & Regular City Council Meeting
Minutes of December 13, 2021
AYES: Council Member Chavez, Councilwoman Cortez, Councilwoman Flores; Mayor Pro Tern Pulido, Mayor Barcena
NOES: None
ABSENT: None
ABSTAIN: None

PUBLIC COMMENTS ON NON-AGENDA ITEMS UNDER THE SUBJECT MATTER

JURISDICTION OF THE CITY COUNCIL
(Three minutes per person, subject to a total period of 30 minutes) No comments

COUNCILMEMBER COMMENTS
Councilwoman Alejandra Cortez congratulated incoming Mayor Maria Pulido. She also congratulated outgoing Mayor Marco Barcena for his accomplishments this past year and expressed her excitement for the new leadership and improvement in the City.

Councilwoman Lisseth Flores commented on the recent passing of the Mexican singer Vicente Fernandez. She acknowledged and thanked Governor Gavin Newsom and staff from the Recreation and Community Services Department for their contribution on obtaining a $4 million dollar grant for the City. She commented on the redistricting and encouraged the community to get involved and participate.

Council Member Marco Barcena congratulated incoming Mayor Maria Pulido and Mayor Pro Tern Jorgel Chavez and made himself available to them if they need anything.

Mayor Pro Tern Jorgel Chavez thanked the council for the opportunity to serve as Mayor Pro Tem. He thanked the City Manager Michael O'Kelly, the directors, staff, Mayor Maria Pulido and outgoing Mayor Marco Barcena for all their work throughout the year.

Mayor Marco Maria Pulido thanked everyone for the opportunity to serve the community and continued efforts to collaborate with the other council members.

ADJOURNMENT
Mayor Marco Barcena adjourned the City Council meeting at 8:19 p.m.

Vanessa Quiroz
Acting City Clerk
14 of 14
Exhibit 1 22

CITY OF BELL GARDENS

OFFICE OF THE CITY MANAGER
m

AG E N DA RE P O RT
Item 3.

TO: Honorable Mayor and City Council Members
FROM: Michael B. O'Kelly, City Manager
BY: Manuel Carrillo, Director of Finance &Administrative Services SUBJECT: WARRANT REGISTERS AND WIRE TRANSFERS
DATE: June 27, 2022
RECOMMENDATION:

It is staff's recommendation that the City Council receive and file the warrant registers, wire transfers, and net payrolls dated 05/26/22, 05/31/22, 06/02/22, and 06/07/22.

BACKGROUND/DISCUSSION:

The attached warrant registers, wire transfers, and net payrolls are for 05/26/22, 05/31/22, 06/02/22 and 06/07/22. The warrant registers, wire transfers, and net payrolls reflect the financial obligations of the City for the above referenced dates.

CONCLUSION:

If the recommendation to the City Council is approved, then the warrant registers, wire transfers, and net payrolls dated 05/26/22, 05/31/22, 06/02/22 and 06/07/22 will be received and filed.

FISCAL IMPACT:
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ATTACHMENTS:

Exhibit 1- Warrant Register
APPROVED ELECTRONICALLY BY:

Michael B. O'Kelly, City Manager
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CITY OF BELL GARDENS

OFFICE OF THE CITY MANAGER
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AG E N DA RE P O RT
Item 4.

TO: Honorable Mayor and City Council Members
FROM: Michael B. O'Kelly, City Manager
BY: Manuel Carrillo, Director of Finance and Administrative Services Rimo Hanson,Accounting Manager
SUBJECT: APPROVAL OF THE CITY'S STATEMENT OF INVESTMENT POLICY DATE: June 27, 2022
RECOMMENDATION:

BACKGROUND/DISCUSSION:

The Statement of Investment Policy directs the City Treasurer to select investments that are permissible and are in line with the objective of the City's investment strategy. The priorities of the City's investment strategy, as declared by the Statement of Investment Policy, are safety, liquidity and yield, in that order, with the primary objective being the safety of City funds. All investments must follow Government Code requirements and limitations.

On an annual basis, the City Council must approve the City's Statement of Investment Policy and delegate authority to invest all funds held by the City to the Director of Finance and Administrative Services as the City's Treasurer for a period of one (1) year (Government Code 53607). The City's Statement of Investment Policy is presented to the City Council for approval. There are no changes to the City's Statement of Investment Policy.

CONCLUSION:

If adopted, the City's Statement of Investment Policy will be approved, and the authority to invest City funds will be delegated to the Director of Finance and Administrative Services as the City's Treasurer for a period of one (1)year.

FISCAL IMPACT:

No fiscal impact.

ATTACHMENTS:

Exhibit 1 - Resolution No 2022-59
Exhibit 2 - Statement of Investment Policy
41 APPROVED ELECTRONICALLY BY:

A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF BELL GARDENS, CALIFORNIA, APPROVING THE FISCAL YEAR 2022-2023

STATEMENT OF INVESTMENT POLICY PURSUANT TO CALIFORNIA
GOVERNMENT CODE SECTION 53646
WHEREAS, pursuant to California Government Code section 53646, the Treasurer of the City of Bell Gardens has proposed a Statement of Investment Policy for the Fiscal Year 2022-2023 for consideration by the City Council, which is attached hereto as Exhibit "A" and incorporated herein by this reference; and WHEREAS, the City Council wishes to delegate the authority to invest in all public funds held by the City to the Director of Finance and Administrative Services as the City's Treasurer for a period of one (1) year from the date set forth in this Resolution as authorized by California Government Code section 53607.

NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF BELL GARDENS AS FOLLOWS:

SECTION 1. The City Council, after consideration of the staff report and presentation, discussion, oral testimony, and evidence presented to the City Council, hereby finds that the above recitals are true and correct and incorporate them herein.

SECTION 2. The City Council, after consideration of the staff report, presentation, discussion, oral testimony and evidence presented, hereby approves the City of Bell Gardens Fiscal Year 2022-2023 Statement of Investment Policy.

SECTION 3. The authority to invest and reinvest public funds held by the City of Bell Gardens, and to sell or exchange the securities so purchased, in compliance with the terms of the approved Fiscal Year 2022-2023 Statement of Investment Policy is delegated to the Director of Finance and Administrative Services as the City's Treasurer for a period of one (1) year effective July 1, 2022, or until earlier revoked by the City Council.

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.

Exhibit 1 43

Resolution No. 2022-59
PASSED, APPROVED and ADOPTED this 27t" 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 44

• \ CITY OF BELL GARDENS
40 "W Statement of Investment Policy
Fiscal Year 2022-2023
POLICY
In accordance with the Municipal Code of the City of Bell Gardens (the "City") and under authority granted by the City Council, the Treasurer is responsible for investing the unexpended cash in the City Treasury.

The investment of the funds of the City is directed to the goals of safety, liquidity and yield. The authority governing investments for municipal governments is set forth in the Government Code, sections 53600 et seq.

The primary objective of the investment policy of the City is SAFETY. Our investments are placed in those securities as outlined below. The balance between the various investments may change in order to give the City the optimum combination of high yield and liquidity based on cash flow needs.

SCOPE
The City pools all cash for investment purposes. This policy is applicable, but not limited to all funds listed below:

General Fund
Special Revenue Funds
Capital Projects Funds
Proprietary Fund
Fiduciary Funds
One exception does exist regarding bond reserve funds. If in the opinion of the Finance Director/Treasurer matching the bond reserve funds segregated investment portfolio with the maturity schedule of an individual bond issue is prudent given current economic analyses, the investment policy authorizes only the deviation of extending beyond the five years maturity limitation as outlined.

PRUDENCE
Under all circumstances the "prudent investor standard" shall apply. Investments shall be made with care, skill,prudence, and diligence under the circumstances then prevailing,including,but not limited to, the general economic conditions and the anticipated needs of the agency, that a prudent person acting in a like capacity and familiarity with those matters would use in the conduct of funds of a like character and with like aims,to safeguard the principal and maintain the liquidity needs of the agency.

The Finance Director/Treasurer and other individuals assigned to manage the investment portfolio acting within the intent and scope of the investment policy and other written procedures and 1 Exhibit 2 45

exercising due diligence shall be relieved of personal responsibility for an individual, security's credit risk or market price changes, provided deviations from expectations are reported in a timely manner and appropriate action is taken to control adverse developments.

OBJECTIVE
Safety of Principal
The foremost objective of the City's investment strategy is safety of principal. Each investment transaction shall seek to ensure that capital losses are avoided, whether from securities default, broker-dealer default or erosion of market value. The City shall seek to preserve principal by mitigating the two types of risk; credit risk and market risk.

Credit risk, defined as the risk of loss due to failure of the issuer of a security, shall be mitigated by investing in investment grade securities and by diversifying the investment portfolio so that the failure of any one issuer would not unduly harm the City's cash flow.

Market risk defined as market value fluctuations due to overall changes in the general level of interest rates, shall be mitigated by limiting the average maturity of the City's investment portfolio to three years, the maximum maturity of any one security to five years, structuring the portfolio based on historic and current cash flow analysis, eliminating the need to sell securities prior to their maturity and avoiding the purchase of securities for the sole purpose of short term speculation. It is recognized however, that in a diversified investment portfolio, occasional measured losses are inevitable and must be considered within the context of the overall investment return and current economic circumstances.

Liquidity
This refers to the ability to convert an investment to cash at any moment in time with minimal risk of forfeiting a portion of principal or interest. Historical and current cash flow needs are analyzed continually. The City's investment portfolio will remain sufficiently liquid to enable the City to meet all operating requirements reasonably anticipated.

Return on Investment
Return on investment is the potential dollar earnings an investment can provide, and sometimes is described as yield. The City's investment portfolio shall be designed to attain a market-average rate of return through economic cycles.

DELEGATION OF AUTHORITY
The authority granted by City council assign the responsibility of investing unexpended cash to the City Treasurer who shall establish procedures for the operation consistent with the investment policy.

The Finance Director/Treasurer shall review and render monthly reports to City council. The minimum requirements are set forth by government code.

ETHICS AND CONFLICTS OF INTEREST
Officers and employees involved in the investment process shall refrain from personal business activity that conflicts with proper execution of the investment program, or impairs their ability to 2 Exhibit 2 46

make impartial investment decisions. Employees and investment officials shall disclose any material financial interests that could be related to the performance of the City's investment portfolio. The City Treasurer shall complete on an annual basis, State of California Form 721, Statement of Economic Interests Disclosure.

SAFEKEEPING OF SECURITIES
To protect against losses caused by collapse of individual securities dealers, all securities owned by the City shall be held in safekeeping by a third-party bank trust department acting as agent for the City under the terms of a custody agreement or PSA agreement (repurchase agreement collateral).

Any trade executed by a dealer will settle on a delivery vs. payment basis with the City's safekeeping agent. Exemptions to this safekeeping policy must be approved by the Finance Director in written form.

INTERNAL CONTROL
The Treasurer shall establish procedures that separate the internal responsibility for management and accounting of the investment portfolio. An independent analysis by an external auditor shall be conducted annually to review internal control, account activity and compliance with policies and procedures.

REPORTING
Under the provisions of Section 53646 of the California Government Code,the Treasurer shall render a quarterly report to the City Manager and City council showing the type of investment, institution rate of interest, maturity date, amount of deposit, current market value and accrued interest due for all securities. The report shall also detail all repurchase and reverse repurchase positions and associated liabilities.

In addition to the reporting requirements set forth by Section 53646, under the provisions of Section 53607 of the California Government Code, the Treasurer must submit a monthly report to the City council accounting for transactions made during the reporting period. This report is separate and distinct from the quarterly report submitted under Section 536456.

QUALIFIED DEALERS
The City shall transact business only with banks, savings and loans, and with broker dealers. The dealers should be primary dealers regularly reporting to the New York Federal Reserve Bank.

Exceptions will be made only upon written authorization of the City Treasurer. Investment staff shall investigate dealers that wish to do business with the City to determine if they are adequately capitalized and make markets in the securities appropriate to the City's needs. The Treasurer shall annually send a copy of the current investment policy to all dealers approved to do business with the City. Confirmation of receipt of this policy shall be considered evidence that the dealer understands the City's investment policies and intends to sell the city only appropriate investments.

COLLATERALIZATION
Coll ateralizati on is required for investments in certificates of deposit, repurchase agreements and 3 Exhibit 2 47

reverse repurchase agreements. In order to reduce market risk, the collateralization level will be at least 102% of market value of principal and accrued interest.

In order to conform with the provisions of the Federal Bankruptcy Code which provides for liquidation of securities held as collateral, the only securities acceptable as collateral shall be certificates of deposit, commercial paper, eligible banker's acceptances, medium term notes or securities that are the direct of, or are fully guaranteed as to principal and interest by,the United States or any agency of the United States.

AUTHORIZED INVESTMENTS
The City is governed by the California Government Code Sections 53600 et seq. Within the context of the limitations, the following investments are authorized, as further limited herein.

A. United States Treasury Bills, Bonds, and Notes or those for which the full faith and credit of the United States are pledged for payment of principal and interest. There is no percentage limitation of the portfolio which can be invested in this category, although a five-year maturity limitation is applicable.

B. Obligations issued by the Government National Mortgage Association (GNMA), the Federal Farm Credit System (FFCB), the Federal Home Loan Bank Board (FHLB), the Federal National Mortgage Association (ENMA), the Student Loan Marketing Association (SLMA), and the Federal Home Loan Mortgage Association (FHLMC). There is no percentage limitation of the portfolio which can be invested in this category, although a five-year maturity limitation is applicable.

Investments detailed in items C through K are further restricted to percentage of the cost value of the portfolio in any one issuer name to a maximum of 15%. The total value invested in any one issuer shall not exceed 5% of the issuers' net worth. Again, a five-year maximum maturity limitation is applicable.

C. Bills of exchange or time drafts drawn on and accepted by a commercial bank, otherwise known as banker's acceptances. Banker's acceptances purchased may not exceed 180 days to maturity or 40%of the cost value of the portfolio.No more than 30% shall be invested in any one commercial bank.

D. Commercial paper ranked P1 by Moody's Investor Services or Al+ by standard & Poors, and issued by domestic corporations having assets in excess of $500,000,000 and having an A or better rating of its long-term debentures as provided by Moody's or Standard & Poors. Purchases of eligible commercial paper may not exceed 270 days to maturity nor represent more than 10% of the outstanding paper of the issuing corporation. Purchases of commercial paper may not exceed 25% of the cost value of the portfolio.

E. Negotiable Certificates of deposit issued by a nationally or state-chartered bank or state or federal savings institutions. Purchases of negotiable certificates of deposit may not exceed 30% of total portfolio. A maturity limitation of five years is applicable.

F. Repurchase agreements that specifies terms and conditions may be transacted with banks and 4 Exhibit 2 48

broker dealers. The term of the agreement may not exceed one year. The market value of the securities used as collateral for the repurchase agreements shall be monitored by the investment staff and shall not be allowed to fall below 102% of the value of the repurchase agreement. A PSA Master Repurchase Agreement is required between the City and the Broker Dealer for all repurchase agreements transacted.

G. Reverse repurchase agreements or securities lending agreement may be utilized only when the agreement has been owned and fully paid for by the City for a minimum of 30 days prior to sale.

The total of all reverse repurchase agreements and lending agreements owned by the City cannot exceed 20% of the base value of the portfolio. The agreement shall not exceed 92 days,unless the agreement includes a written codicil guaranteeing a minimum earning or spread for the entire period between the sale of a security using a reverse repurchase agreement or securities lending agreement and the final maturity date of the same security. Funds obtained or funds within the pool of an equivalent amount to that obtained from selling a security or a counterparty by way of a reverse repurchase agreement or securities lending agreement shall not be used to purchase another security with a maturity longer than 92 days from the initial settlement date of the reverse repurchase agreement or securities lending agreement, unless the agreement includes a written codicil guaranteeing a minimum earning or spread for the entire period between the sale of a security using a reverse repurchase agreement or securities lending agreement and the final maturity date of the same security.

H. Local Agency Investment Fund (LAIF) which is a State of California managed investment pool may be used up to the maximum permitted by State Law.

I. Time deposits, non-negotiable and collateralized in accordance with the California Government Code, may be purchased through banks or savings and loan associations. No more than 25% of the investment portfolio may be invested in this investment type.

J. Medium Term Corporate Notes, defined in Section 53601 as all corporate and depository institution debt securities with a maximum remaining maturity of five years or less, issued by corporations organized and operating within the U.S. or by depository institutions licensed by the U.S. or any state and operating within the U.S., with a maximum maturity of five years may be purchased. Securities eligible for investment shall be rated A or better by Moody's or Standard& Poor's rating services. Purchase of medium-term notes may not exceed 30% of the market value of the portfolio.

K. Shares of beneficial interest issued by diversified management companies that invest in the securities and obligations as authorized by subdivisions (a) to 0), inclusive of the Government Section or subdivision (m) or (n) and that comply with the investment restrictions of this article and Article 2 (commencing with Section 53630). To be eligible for investment pursuant to this subdivision, these companies shall either:
a. Attain the highest ranking or the highest letter and numerical rating provided by not less than two of the three largest nationally recognized rating services. b. Retain an investment advisor registered with the Securities and Exchange Commission with no less than 5 years of experience investing in the securities and obligations as authorized in subdivision(a)to 0),inclusive, and with assets under management in excess of$500,000,000. The purchase price of shares of beneficial interest purchases pursuant to this subdivision shall not include any commission that these companies may charge and 5 Exhibit 2 49

shall not exceed 20% of the agency's surplus money that may be invested pursuant to this section. No more than 10% of the portfolio may be invested in any one mutual fund at the date of purchase.

L. Registered state warrants or treasury notes or bonds, including bonds payable solely out of the revenues from a revenue-producing property owned, controlled, or operated by the state or by a department, board, agency, or authority of the state.

M. Bonds, notes, warrants, or other indebtedness of any local agency within this state, including bonds payable solely out of the revenues from a revenue-producing property owned, controlled, or operated by the local agency, or by a department,board, agency, or authority of the local agency including variable rate demand bonds with a daily or weekly put feature and supported by a credit facility.

N. Any mortgage pass-through security, collateralized mortgage obligation mortgage-backed or other pay-through bond, equipment lease-backed certificate, consumer receivable pass-through certificate, or consumer receivable-backed bond of a maximum of 5 years maturity. Securities eligible for investment shall be issued by an issuer having an"A" or higher rating for the issuer's debt as provided by a nationally recognized rating service and rated in a rating category of"AA" or its equivalent or better by a nationally recognized rating service. These securities may not exceed 20% of the agency's surplus money that may be invested.

O. Contracts issued by insurance companies that provide the policyholder with the right to receive a fixed or variable rate of interest and the full return of principal at the maturity date.

P. Ineligible investments are those that are not described herein, including but not limited to, common stocks. Long term (over five years in maturity)notes and bonds are prohibited from use in this portfolio. It is noted that special circumstances arise that necessitate the purchase of securities beyond the five year limitation. On such occasions, requests must be approved by City Council prior to purchase.

Q. Various daily cash funds administered for or by trustees, paying agents and custodian banks contracted by the City may be purchased as allowed under State of California Government Code including but not limited to:
a. US Bank
R. Special eligible investments. Under special circumstances, the City may purchase investments with maturities beyond the five year limitation without City Council approval, the transactions must be made on a "day trade" basis with the sole purpose of enhancing yield without additional risk. A "day trade" is classified as any trade that is purchased and sold simultaneously with no risk of principal loss for different settlement dates.

S. The City may write call options against existing securities in the portfolio in an effort to enhance overall portfolio return. It is the Treasurer's responsibility to determine the risk/reward associated with such transactions given the current market environment.

Any State of California legislative action, that further restricts allowable maturities or percentage allocations,will be incorporated into the City's Investment Policy and supersede any and all previous applicable language. 6
Exhibit 2 50

POLICY REVIEW
This investment policy shall be reviewed at least annually to ensure its consistency with the overall objectives of preservation of principal, liquidity and yield, and its relevance to current law and financial and economic trends. Amendments to the policy shall be forwarded to City Council for approval.
7 Exhibit 2 51

CITY OF BELL GARDENS

OFFICE OF THE CITY MANAGER
u
m

AG E N DA RE P O RT
Item 5.

TO: Honorable Mayor and City Council Members
FROM: Michael B. O'Kelly, City Manager
BY: Grissel Chavez, Director of Public Works
Douglas Benash, P.E., City Engineer
SUBJECT: AWARD OF CONTRACT FOR THE VARIOUS RESIDENTIAL STREET IMPROVEMENTS PROJECT (CIP# 3909)
DATE: June 27, 2022
RECOMMENDATION:

It is staff's recommendation that the City Council by motion:

1. Award a construction contract to Sequel Contractors, Inc. in the amount of $695,865.90 for the FY 2021-2022 Various Residential Street Improvements Project—C.I.R No. 3909; and

3. Approve an appropriation of$195,998 from Measure M funds to cover the estimated costs of this project.

BACKGROUND/DISCUSSION:

The project scope of work consists of concrete repairs of the curb, gutters, cross gutters, and sidewalks, concrete pavement repairs, installation of ADA access ramps, pavement grinding and asphalt paving, signing and striping improvements in the below listed street segments. The contract specifications indicate that the contractor shall complete all work as specified in the Base Bid and Alternate Bid, in every detail within forty-five (45)working days for the below listed street segments.

No. Street From To
1 Lanto Street Ajax Avenue Selinda Ave 2 Lanto Street Selinda Avenue Colmar Ave
3 Darwell Street Florence Ave Lubec Street 4 Darwell Street Gage Avenue Agra Street
5 Darwell Street Agra Street Watcher Street 6 Chalet Street Hannon Street Gage Avenue
7 Scout Avenue and Florence Place Intersection
8 Alternate Bid: Darwell Avenue, from Gage Avenue to Watcher Street 52 On April 25, 2022, the City Council approved the rejection of bids received on March 16, 2022 for the construction of this project, due to staff needing to revise the project specifications. Council authorized staff to re-solicit bids and on May 24, 2022, the City received a total of three (3) bid proposals for this project:

Bidders Base Bid Amount Alternate Bid Amount
Sequel Contractors, I nc. $536,651.90 $159,214.00 Hardy& Harper, Inc. $610,000.00 $140,000.00
Onyx Paving Company, Inc. $627,000.00 $181,000.00 Staff conducted an analysis of the apparent lowest bidder Sequel Contractors, Inc. This analysis included a review of their bid schedule, bid bond, license, references, and all required documentation. Sequel Contractors, Inc.'s license is current and active, and reference checks revealed that the contractor's previous projects were completed satisfactorily, with no contractor-initiated change orders. The Contractor's DI R Registration and AM Best Rating Check were also reviewed and deemed satisfactory. It has been determined that Sequel Contractors, Inc., is the lowest responsive and responsible bidder. Therefore, staff recommends award of a construction contract to Sequel Contractors, Inc. in the total amount of $695,865.90, which includes the base bid amount of $536,651.90 and alternate bid amount of$159,214.00.

ENVI RONMENTAL ANALYSI S:

Pursuant to Section 6004 (23 U.S.C. 326) and Section 15301(c) of the CEQA Guidelines (Class 1, Existing Facilities) the proposed project has been reviewed to determine whether it is exempt from NEPA and CEQA. The proposed project will not involve or affect any sensitive environments or habitats, scenic resources, historical buildings, historic resources, or any hazardous waste sites. Therefore, under Section 6004(d1) and Section 15301(c) of the CEQA Guidelines (Class 1, Existing Facilities), it has been determined that the project is exempt from NEPA and CEQA pursuant to categorical exemptions.A Notice of Exemption will be prepared and filed with the County Clerk's Office.

CONCLUSION:

If the contract is approved, work is anticipated to begin this summer and be completed by early fall.

FISCAL IMPACT:

The City's FY 2021-22 C I P budget includes $725,407 of Measure M ($620,797) and Measure R ($104,610)funds for this project. An appropriation of $195,998 in available Measure M funds is needed to fund the anticipated project expenditures. This appropriation will reduce the available budget from the Measure M funded CIP Project (Alleyway Improvement) of$313,135; thereby reducing it to $117,137.

The estimated project expenditures are as follow:

Design (8%) .... $46,426
Geotechnical Investigation $13,432
53 Survey Flowline $7,400
Project Management (4%) $23,649
Construction Management and Inspection (7%) $52,591 Funding Administration (1.5%) $11,270
Construction Award — Base Bid $536,651.90
Construction Award —Alternate Bid $159,214.00 Labor Compliance (actual cost) TBA
Contingency(10%) $69,586
Publication $1,185
ESTIMATED PROJECT COST $921,405
ATTACHMENTS:

Exhibit 1 - Contract Agreement
Exhibit 2 - Bid
Exhibit 3 - Map
APPROVED ELECTRONICALLY BY:

CONTRACT AGREEMENT
FOR

VARIOUS RESIDENTIAL STREET IMPROVEMENTS PROJECT
FY 2021-2022
C.I.P. NO. 3909

IN THE CITY OF BELL GARDENS
This Contract Agreement is made and entered into for the above-stated project this day of , 2022, BY AND BETWEEN the CITY OF BELL GARDENS as AGENCY, and SEQUEL CONTRACTORS, INC., as CONTRACTOR.

WITNESSETH that AGENCY and CONTRACTOR have mutually agreed as follows:

ARTICLE I (CONTRACT DOCUMENTS)
The contract documents for the aforesaid project shall consist of the Notice Inviting Sealed Bids, Instructions to Bidders, Proposal, General Specifications, Standard Specifications, Special Provisions, Plans, and all referenced specifications, details, standard drawings, and appendices; together with this Contract Agreement and all required bonds, insurance certificates, permits, notices, and affidavits; and also including any and all addenda or supplemental agreements (hereinafter "Contract Documents") clarifying, or extending the work contemplated as may be required to ensure its completion in an acceptable manner. All of the provisions of said contract documents are made a part hereof as though fully set forth herein.

ARTICLE II (WORK TO BE PERFORMED)
The CONTRACTOR agrees to furnish all tools, equipment, apparatus, facilities, labor, transportation, and material necessary to perform and complete in a good and workmanlike manner for the VARIOUS RESIDENTIAL STREET IMPROVEMENTS PROJECT (CIP NO. 3909) as called for, and in the manner designated in, and in strict conformity with, the Contract Documents. It is understood and agreed that the tools, equipment, apparatus, facilities, labor, transportation, and material shall be furnished and the work performed and completed as required in the Drawings and Specifications under the sole direction and control of the Contractor, and subject to inspection and approval of the City, or its representatives.

Exhibit 1 55

ARTICLE III (CONTRACT PRICE)
City agrees to pay and the CONTRACTOR agrees to accept, in full payment for the work above agreed to be done, the sum of Six Hundred Ninety Five Thousand Eight Hundred Sixty Five Dollars and Ninety Cents ($695,865.90) for the Project (hereinafter, the "Bid Price"). CONTRACTOR agrees to receive and accept the prices set forth in the Proposal as full compensation for furnishing all materials, performing all work, and fulfilling all obligations hereunder. Said compensation shall cover all expenses, losses, damages, and consequences arising out of the nature of the work during its progress or prior to its acceptance, including those for well and faithfully completing the work and the whole thereof in the manner and time specified in the aforesaid contract documents; and also including those arising from actions of the elements, unforeseen difficulties or obstructions encountered in the prosecution of the work, suspension or discontinuance of the work, and all other unknowns or risks of any description connected with the work.

As authorized by the City Council at its Regular Meeting of June 27, 2022 and subject to any applicable restrictions set forth under the Bell Gardens Municipal Code as the same may be amended from time to time or applicable State law, CITY, in its sole and absolute discretion, may authorize expenditures in excess of the Bid Price without further City Council approval provided such additional expenditures do not cumulatively exceed an amount equal to ten percent (10%) of the Bid Price. Any such additional expenditures must be approved by the City Manager in writing before they may be incurred

ARTICLE IV (NOTICE AND SERVICE THEREOF)
Any notice from one party to the other under the Contract shall be in writing and shall be dated and signed by the party giving such notice or by a duly authorized representative of such party. Any such notice shall not be effective for any purpose whatsoever unless served in the following manner, namely:
(a) If the notice is given to the City, by personal delivery thereof, or by depositing the same in the United States mail, enclosed in a sealed envelope, postage prepaid, and certified; addressed to the City at:

City of Bell Gardens
Public Works Department
Attn: Public Works Director
Bell Gardens City Hall
7100 Garfield Avenue
Bell Gardens, CA 90201
(b) If the notice is given to the Contractor, by personal delivery thereof to said CONTRACTOR or to its duly authorized representative at the site of the project, or by depositing the same in the United States mail, enclosed in a Exhibit 1 56

sealed envelope, postage prepaid, and certified; addressed to the CONTRACTOR at:

NAME SEQUEL CONTRACTORS INC.

ADDRESS 13546 IMPERIAL HWY, SANTA FE SPRINGS, CA 90670 Attn: Thomas S. Pack, President
Phone: (562) 802-7227
(c) If the notice is given to the surety or any other person, by personal delivery to such surety or other person, or by depositing the same in the United States mail, enclosed in a sealed envelope, addressed to such surety or other person, as the case may be, at the address of such surety or person last communicated by it to the party giving the notice, postage prepaid and certified.

ARTICLE V (INSURANCE)
CONTRACTOR acknowledges the provisions of the State Labor Code requiring every employer to be insured against liability for worker's compensations, or to undertake self- insurance in accordance with the provisions of that code and certified compliance with such provisions.

CONTRACTOR agrees to indemnify, defend and hold harmless AGENCY and all if its officers and agents from any claims, demand or causes of action, including related expenses, attorney's fees, and costs, based on, arising out of, or in any way related to the work undertaken by CONTRACTOR hereunder. The liability insurance coverage values shall be:

Insurance Coverage Requirements Limit Requirements Comprehensive General Liability $170007000
Product/Completed Operations Hazard $170007000
Comprehensive Automobile Liability $170007000
Contractual General Liability $170007000
Worker's Compensation Statute
A combined single-limit policy with aggregated limits in the amount of $2,000,000 will be considered equivalent to the required minimum limits.

The issuer shall be an "admitted surety insurer" duly authorized to transact business under the laws of the State of California.

Acceptable insurance coverage shall be placed with the carriers admitted to write insurance in California or carriers with a rating of or equivalent to A:Vill by A.M. Best & Co. Any deviation from this rule shall require specific approval, in writing, from the City.

Exhibit 1 57

Insurance shall name the City of Bell Gardens, its officers, agents, and employees, including Infrastructure Engineers, as additional insured by endorsement of the Contractor's policy. A copy of the endorsement, showing policy limits, shall be provided to the City on or before signing this contract.

ARTICLE VI (EXECUTION)
CONTRACTOR affirms that the signatures, titles and seals set forth hereinafter in execution of this Contract Agreement represent all individuals, firm members, partners, joint ventures, and/or corporate officers having principal interest herein.

ARTICLE VII (COMPLETION DATE)
The total contact time for completion of this project is forty-five (45) working days from the effective date of notice to proceed to be issued by the Agency.

If the Based Bid and Alternate Bid are awarded, all work shall be completed within forty- five (45) working days of the effective date of the Notice to Proceed to be issued by AGENCY, including five (5) working days for Mobilization and forty (40) working days for Construction.

The liquidated damage for this project is two hundred fifty dollars ($250.00) per calendar day for each calendar day the project is not completed to the satisfaction of the Agency within the contract time including any extension of time granted by the Agency.

ARTICLE VIII (RECORDS & AUDITS)
The Contractor shall maintain accounts and records, including personnel, property, and financial records, adequate to identify and account for all costs pertaining to the contract and such other records as may be deemed necessary by the City to assure proper accounting for all project funds. These records will be made available for audit purposes to the City or any authorized representative and will be retained for 5 years after the expiration of this contract unless permission to destroy them is granted by the City.

ARTICLE IX (PREVAILING WAGES)
(a) Contractor agrees to comply with the provisions of California Labor Code Section 1773.8, which requires the payment of travel and subsistence payments to each worker needed to execute the work to the extent required by law. (b) Contractor agrees to comply with the provisions of California Labor Code Section 1774 and 1775 concerning the payment of prevailing rates of wages to workers and the penalties for failure to pay prevailing wages. The Contractor shall, as a penalty to the Agency, forfeit no more than fifty dollars ($50) for each calendar day, or portion thereof, for each worker paid less than the prevailing rates as determined by the Director Exhibit 1 58

of Industrial Relations for the work or craft in which the worker is employed for any public work done under the contract by Contractor or by a subcontractor. (c) Contractor agrees to comply with the provisions of California Labor Code Section 1776 which requires Contractor and each subcontractor to (i) keep accurate payroll records, (ii) certify and make such payroll records available for inspection as provided by Section 1776, and (iii) inform the Agency of the location of the records. The Contractor is responsible for compliance with Section 1776 by itself and all of its subcontractors.
(d) Contractor agrees to comply with the provisions of California Labor Code Section 1777.5 concerning the employment of apprentices on public works projects, and further agrees that the Contractor is responsible for compliance with Section 1777.5 by itself and all of its subcontractors.
(e) Contractor agrees to comply with the provisions of California Labor Code Section 1813 concerning penalties for workers who work excess hours without approval of the City. The Contractor shall, as a penalty to the Agency, forfeit twenty-five dollar ($25) for each worker employed in the execution of the contract by the Contractor or by any subcontractor for each calendar day or portion thereof during which such worker is required or permitted to work more than 8 hours in any one calendar day and 40 hours in any one calendar week in violation of the provisions of Division, 2, Part 7, Chapter 1, Article 3 of the California Labor Code. The Contractor may, with the approval of the City Engineer, use his employees to carry out work on the project beyond the normal eight (8) hour workday and on Saturdays, Sundays and Holidays provided the employees are paid at the following hourly rates:
• Week days (Monday through Fridays) after eight (8) hours daily and not to exceed twelve (12) hours daily total per day and not exceeding forty- eight (48) hours work in a seven (7) day period week at one and one- half (1.5) times the prevailing hourly wage for the initial eight (8) hours of regular work time for the time worked after the initial eight (8) hours regular time.
• Saturdays, Sundays and Holidays for time worked after forty (40) hours of regular work time in a seven (7) day period week at the rate of two (2.0) times the prevailing hourly wage for the initial eight (8) hours of regular weekday work time and not to exceed a total of forty-eight (48) hours of work within the seven (7) day work week period. (f) California Labor Code Sections 1860 and 3700 provide that every contractor will be required to secure the payment of compensation to its employees. In accordance with the provisions of California Labor Code Section 1861, Contractor hereby certifies as follows:

Exhibit 1 59

I am aware of the provisions of Section 3700 of the Labor Code which require every employer to be insured against liability for worker's compensation or to under self-insurance in accordance with the provisions of that Code, and I will comply with such provisions before commencing the performance of the work of this contract."

ARTICLE X (PROMPT PAYMENT)
Prompt Progress Payment to Subcontractors
Attention is directed to Section 7108.5 of the California Business and Professions Code, which requires a prime contractor or subcontractor to pay any subcontractor not later than 10 days of receipt by the Contractor of each progress payment, unless otherwise agreed to in writing.

Exhibit 1 60

IN WITNESS THEREOF the parties hereto for themselves, their heirs, executors, administrators, successors, and assigns do hereby agree to the full performance of the covenants herein contained and have caused this contract agreement to be executed in triplicate by setting hereunto their names, titles, hands, and seals this day of 2022.

Contractor:
(Signature)
Name and Title (Printed)
Contractor's License No. License Class
AGENCY Business License No.

Federal Tax Identification No.

Subscribed and sworn to this day of 20

NOTARY PUBLIC
AGENCY:

Mayor of the City of Bell Gardens
Attested:

City Clerk of the City of Bell Gardens
Date
Approved as
to form:

City Attorney of the City of Bell Gardens
Date
Exhibit 1 61

FAITHFUL PERFORMANCE BOND
FOR

VARIOUS RESIDENTIAL STREET IMPROVEMENTS PROJECT
FY 2021-2022
C.I.P. NO. 3909

IN THE CITY OF BELL GARDENS
KNOW ALL PERSONS BY THESE PRESENTS that as
CONTRACTOR and a corporation
organized and existing under the laws of the State of and duly authorized to transact business under the laws of the State of California, as SURETY, are held and firmly bound unto the City of Bell Gardens, as AGENCY, in the penal sum of Dollars ($ ),
which is 100 percent of the total contract amount for the above-stated project, for the payment of which sum, CONTRACTOR and SURETY agree to be bound, jointly and severally, firmly by these presents.

THE CONDITIONS OF THIS OBLIGATION ARE SUCH that, whereas CONTRACTOR has been awarded and is about to enter into the annexed Contract Agreement with AGENCY for the above-stated project, if CONTRACTOR faithfully performs and fulfills all obligations under the contract documents in the manner and time specified therein, then this obligation shall be null and void, otherwise it shall remain in full force and effect in favor of AGENCY; provided that any alterations in the obligations or time for completion made pursuant to the terms of the contract documents shall not in any way release either CONTRACTOR or SURETY, and notice of such alterations is hereby waived by SURETY.

IN WITNESS WHEREOF the parties hereto have set their names, titles, hands, and seals this day of , 20
CONTRACTOR*
SURETY*
Subscribed and sworn to this day of 20

NOTARY PUBLIC
* Provide CONTRACTOR/ADMITTED SURETY name, address, and telephone number and the name, title, address, and telephone number of authorized representative.

Exhibit 1 62

MATERIAL AND LABOR BOND
FOR

VARIOUS RESIDENTIAL STREET IMPROVEMENTS PROJECT
FY 2021-2022
C.I.P. NO. 3909

IN THE CITY OF BELL GARDENS
KNOW ALL PERSONS BY THESE PRESENTS that
as CONTRACTOR, and a
corporation organized and existing under the laws of the State of , and duly authorized to transact business under the laws of the State of California, as SURETY, are held firmly bound unto the City of Bell Gardens, as AGENCY , in the penal sum of
Dollars ($ ) which is 50 percent of the total contract amount for the above-stated project, for payment of which sum, CONTRACTOR and SURETY agree to be bound, jointly and severally, firmly by these presents.

THE CONDITIONS OF THIS OBLIGATION ARE SUCH that, whereas CONTRACTOR has been awarded and is about to enter into the annexed Contract Agreement with AGENCY for the above-stated project, if CONTRACTOR or any subcontractor fails to pay for any labor or material of any kind used in the performance of the work to be done under said contract, or fails to submit amounts due under the State Unemployment Insurance Act with respect to said labor, SURETY will pay for the same in an amount not exceeding the sum set forth above, which amount shall inure to the benefit of all persons entitled to file claims under the State Code of Civil Procedures; provided that any alterations in the work to be done, materials to be furnished, or time for completion made pursuant to the terms of the contract documents shall not in any way release either CONTRACTOR or SURETY, and notice of said altercations is hereby waived by SURETY.

IN WITNESS WHEREOF the parties have set their names, titles, hands, and seals this day of 20
CONTRACTOR*
SURETY*
Subscribed and sworn to this day of , 20

NOTARY PUBLIC
Provide CONTRACT/ADMITTED SURETY name, address, and telephone number and the name, title, address, and telephone number for authorized representative.

Exhibit 1 63

NONCOLLUSION AFFIDAVIT TO BE EXECUTED

BY EACH AWARDEE OF A PRINCIPAL CONTRACT
STATE OF CALIFORNIA )
)ss
COUNTY OF )
being first duly sworn, deposes and says that he is
(sole owner, a partner, president, etc.)
of the party making
the foregoing bid, that such bid is not made in the interest of or behalf of any undisclosed person, partnership, company, association, organization or corporation, that such bid is genuine and not collusive or sham, that said bidder has not directly or indirectly induced or solicited any other bidder to submit a false or sham bid, and has not directly or indirectly colluded, conspired, connived, or agreed with any bidder or anyone else to submit a sham bid, or that anyone shall refrain from bidding, that said bidder has not in any manner, directly or indirectly, sought by agreements, communication or conference with anyone to fix the bid price of said bidder or of any other bidder, or to fix the overhead, profit or cost element of such bid price, or of that of any bidder, or to secure any advantage against the public body awarding the Contractor or anyone interested in the proposed contract; that all statements contained in such bid are true and, further, that said bidder has not, directly or indirectly, submitted his bid price, or any breakdown thereof, of the contents thereof, or divulged information or data relative thereto, or paid and will not pay any fee in connection there with to any corporation, partnership, company, association, organization, bid depository or to any member or agency thereof, or to any other individual, except to such person or persons as have a partnership or other financial interest with said bidder in his general business.

Signed
Title
Subscribed and sworn to before me this day of 20_ Notary Public
Exhibit 1 64

Sequel Contractors, Inc.

BID SCHEDULE
FOR

VARIOUS RESIDENTIAL STREET IMPROVEMENTS
FY 2021-2022

IN THE CITY OF BELL GARDENS
The undersigned declares that he/she has carefully examined the location of the proposed work, that he/she has examined the specifications and read the accompanying instructions to bidders, and hereby proposes to do all the work in accordance with said specifications for the amounts set forth below:

Construct improvements as reiterated above, located in the City of BELL GARDENS, California, in accordance with the specifications for the unit price set forth in the following items:

BASE BID SCHEDULE LANTO STRE ET, CHALET DRIVE, DARWELL AVENUE (FROM FLORENCE AVENUE TO LUBEC STREET),AND FLORENCE PLACE-

SCOUT AVENUE
Item ti ton d ed
No. Description Quanti!y Unit Price $ Amount$ ..............
1 Provide Traffic Control 1 LS q0j60o,C"0 q6o0c."b ............... --------- ........... -—--------9- 2 Sawcut and Remove Existing Concrete Sidewalk 767 SF .....................
3 Sawcut and Remove Existing Concrete Driveway Approach 1339 SF '� .............. ...........................
4 Sawcut and Remove Existing Concrete Curb or Curb and 991 LF 2-0 $ Gutter
................................................................................ .................... 5 Sawcut and Remove Existing Concrete Curb Ramp 6 EA .g()O '-:- goo _.................-........................ ----------- ........ 6 Sawcut and Remove Existing Concrete Cross Gutter 266 SF 20 bbO
.....................................................
7 Prune Tree Roots and Install Root Barriers 5 EA 100() QQ0 ............ ......................................................................... 8 Cold h Mi..11 Existing Asphalt Concrete(AC)pavement(1.5" 20627 SSF .3 o 4ept )
............

Cold Mill Existing Asphalt Concrete(AC)pavement(2.5" 74,221 SF depth)
Cold Mill Existing Asphalt Concrete(AC) pavement(T
10 10de t ,757 SF 30
Sawcut and Remove Existing AC Pavement, Base, Sub-
11 base and Native Soil to ovide clear depth 203 CY 12 Remove and Construct AC Speed Bump 3 EA
C-2
Exhibit 2 65

Sequel Contractors, Inc.
....................................................................................................

Item Description Estimated Unit
41 Unit Extended
No. Qqan t Price Amount$
................. ......
13 Construct 4"Thick Concrete Sidewalk 1,183 SF
14 Construct 6"Thick Concrete Sidewalk at Driveways 270 SF 21 q 'S c) 15 Construct 6"Thick Concrete Driveway Approach 897 SF 106107 3 16 Construct Concrete Curb or Curb&Gutter 942 LF 17 Construct Concrete Curb Ramp 5 EA Z, 600 18 Construct Concrete Cross Gutter 266 SF
'70 0 20
19 Furnish and Install Detectable Warning Surface 3 EA 100 , 20 Reconstruct Existing Curb Drain 3 EA 3 21 Provide and Place 6"Thick Crushed Miscellaneous Base 137 CY pI
_(CMB)
22 Construct 4"Thick AC Base Course B2-PG 64-10 122 TON ........... ...........
23 Construct 1"Thick AC Leveling Course 554 TON lio 72,02,0 ................................. ............................... —-------------- 24 Construct 1.5"Thick ARHM Overlay Type C2-PG 64-16 922 TON 10&1030 25 Construct 2"Thick ARHM Overlay Type C2-PG 64-16 133 TON )-SO 26 'Adjust Existing Storm Drain/Sewer/Utility Manhole Frames 14 EA rr
—...—.and Covers to Finished Grade
27 Adjust Existing Water Valve Cans and Covers to Finished 10 EA q 0 0 9000 Grade (
28 Furnish and Install Traffic Signal Loop Detectors and 16 EA JSQ _ 600 Connect New DLC to Existing Pull
................

Traffic Signing, Striping, Markings, House Address and Curb 29 1 LS kL
_ �P�"in !R9 __ ____ -
30 Install Public Improvement Project Signs 7 EA S5o ,l SqSo 31 Construction Survey, Staking, Re-establish Survey 1 LS Monuments and Centerline Ties
32 1Provide Material Testing Services as Directed by the _1 LS $2100 $"21 00 Engineer—Allowance l
............... E ------
q0
TOTAL AMOUNT BASE BID IN FIGURES: $ 3(o (o 5 TOTAL AMOUNT IN WORDS BASE BID:

Sly
DOLLARS. AND
AINE7q CIFN75
C-3
Exhibit 2 66

Sequel Contractors, Inc.
41 ` u
Sequel Contractors, Inc.
- .,.. 9 ' Thomas S. Pack, President
CompanyName dd r Si t �

IN CASE OF DISCREPANCY BETWEEN THE WORDS AND FIGURES, THE WORDS SHALL PREVAIL.

If the City determines to award a contract for this Base Bid, or Base Bid and Alternate Bid or Alternate Bid only, the City's determination will be based on the best interest of the City.

All work of this project shall be completed within thirty-five (35) working days of the effective date of the Notice-to-Proceed to be issued by AGENCY, including five (5) working days for Mobilization and thirty (30) working days for ,y
Construction.

If the Base Bid and Alternate Bid are awarded, all work shall be completed within forty-five (45) working days of the effective date of the Notice-to-Proceed to be issued by AGENCY, including five (5) working days for Mobilization and forty (40) working days for Construction.

C-4
Exhibit 2 67

Sequel Contractors, Inc.

BID SCHEDULE
FOR

VARIOUS RESIDENTIAL STREET IMPROVEMENTS
FY 2021-2022

Construct improvements as reiterated above, located in the City of BELL GARDENS, California, in accordance with the specifications for the unit price set forth in the following items:

ALTERNATE BID SCHEDULE "A"DARWELL AVENUE (FROM GAGE AVENUE TO

WATCHER STREET)

THE CONTRACT WILL BE AWARDED TO THE LOWEST RESPONSIBLE BIDDER

BASED ON THE BASE BID SCHEDULE
Item Description * Estimated Unit Unit Extended No. Quantit Price$ Amount$
1A Provide Traffic Control 1 LS ` s ..... ____.....
2A Sawcut and Remove Existing Concrete Sidewalk 424 SF 4 11060 3A Sawcut and Remove Existing Concrete Driveway Approach 616 SF f
4A Sawcut and Remove Existing Concrete Curb or Curb and 128 LF Gutter r
5A Sawcut and Remove Existing Concrete Curb Ramp 5 EA 000 r
7A Prune Tree Roots and Install RootBarriers 2 EA 1 '- 4000 r
8A Cold Mill Existing Asphalt Concrete(AC) pavement(1.5"depth), 40270 SF , 13A Construct 4"Thick Concrete Sidewalk 566 SF
14A Construct 6"Thick Concrete Sidewalk at Driveways 56 SF ° sot,, 15A Construct 6"Thick Concrete Driveway Approach 616 SF -- 'y 16A Construct Concrete Curb or Curb&Gutter 128 LF S'37& C-5
Exhibit 2 68

Sequel Contractors, Inc.
............. ...................

Item Estimated Unit Extended
No. Description firunit Pric te $ Amoun $ ...........................
17A Construct Concrete Curb Ramp 5 EA '0 -
20A Reconstruct Existing Curb Drain 1 EA 300 ............................................................................................................................................. 21A Provide and Place 6"Thick Crushed Miscellaneous Base 6 Cy 5 70 (CMB)
24A Construct 1.5"Thick ARHM Overlay Type C2-PG 64-16 373 TON ..............
26A Adjust Existing Storm Drain/Sewer/Utility Manhole Frames 6 EA �, 00 6(boo and Covers to Finished Grade
Adjust Existing Water N lve Cans and Covers to Finished 27A 5
Grade EA
29A Traffic Signing, Striping, Markings, House Address and Curb 1 LS (900 Painting ........30A Install Public Improvement Project Signs 1 EA .....................
31A Construction Survey, Staking, Re-establish Survey 1 LS 0,90 Ci 061V Monume.nts-and Centerline Ties ........... ...................................... 32A Provide Material Testing Services as Directed by the 1 LS $9001' $900 Engineer—Allowance
TOTAL AMOUNT BASE BID IN FIGURES: s 9, z I q.

TOTAL AMOUNT IN WORDS BASE BID:

To/ -
DOLLARS.

Sequel Contractors, Inc.

Company Name RIDS
Si at' Thomas S. Pack

IN CASE OF DISCREPANCY BETWEEN THEW RIDS AND FIGURES, THE WORDS SHALL PREVAIL.

If the City determines to award a contract for this Base Bid, or Base Bid and Alternate Bid or Alternate Bid only, the City's determination will be based on the best interest of the City.

C-6
Exhibit 2 69

Sequel Contractors, Inc.

If the Base Bid and Alternate Bid are awarded, all work shall be completed within forty-five (45) working days of the effective date oft Notice-to-Proceed to be issued by AGENCY, including five (6) working days for Mobilization and forty (40) working days for Construction.

C-7
Exhibit 2 70

Sequel Contractors, Inc.

DESIGNATION OF SUBCONTRACTORS
BIDDER proposes to subcontract certain portions of the work that are in excess of one-half of 1 percent of the total amount bid or$10,000, whichever is greater, as follows:

Name:

Address: L� ro. -i O N Q I A
Telephone No.:

State License No.: 21,131111111
.

Portion of Work: GC
Name: - .��2 . .. .. � .�
7 �
Address:

Telephone No.: `� "
State License No.: "
Portion of Work:. :�..

Address: "
Telephone No.: V_„
State License No,: '3r{
Portion of Work:

Name:

Address: �(
"7 M
Telephone No.: (y 2 _9jq"
State License No.: (j(
Portion of Work:

Name: Gt .

Address:

Telephone No.: -
State License No.: 3S Z.

Portion of Work: tt
Name:

Address:

Telephone No.:

State License No.:

Portion of Work:

Prior to award of contract, Contractor shall submit a list of suppliers and vendors, in writing, to the City Engineer.
c-s
Exhibit 2 71

Sequel Contractors, Inc.

REFERENCES
The following are the names, addresses, and telephone numbers for three public agencies for which BIDDER had performed similar STREET IMPROVEMENT WORK IN THE PUBLIC RIGHT OF WAY within the past 2 years:

1. Name and Address of Owner
Name and telephone number of person familiar with project Contract amount Type of work Date completed 2 SEE ATTACHED
Name and Address of Owner
Name and telephone number of person familiar with project Contract amount Type of work Date completed

3. Name and Address of Owner
Name and telephone number of person familiar with project Contract amount Type of work Date completed
The following are the names, addresses, and telephone numbers of all brokers and sureties from whom BIDDER intends to procure insurance and bonds:

Sequel Contractors Inc.

Thomas S. Pack, President
Abel Magallanes Vice President
Michael A. Mahler, Secretary
C-9
Exhibit 2 72

SEQUEL CONTRACTORS9 INC.

ST.LIC#610600A
13546 IMPERIAL HWY
SANTA FE SPRINGS, CA 90670
Fax (562) 802-7499 (562) 802-7227 Office

STATEMENT OF EXPERIENCE

1. OWNER: CITY OF MONTEBELLO
ADDRESS: 1600 WEST BEVERLY BLVD
MONTEBELLO,CA 90640
PHONE NO.: (323)887-1200
CONTACT: HORMOZ VAHID
PROJECT: ARROYO STREET IMPROVEMENTS
PROJECT AMOUNT: $984,215.00
COMPLETION DATE DECEMBER 2020

2. OWNER: LOS ANGELES DPW
ADDRESS: 900 FREEMONT AVE
ALHAMBRA,CA 91803
PHONE NO.: (626)458-5100
CONTACT: JOELZARAGOZA
PROJECT: 103RD STEET GREEN IMPROVEMENTS
PROJECT AMOUNT: $2,395,473.40
COMPLETION DATE MARCH 2021

3. OWNER: CITY OF SAN GABRIEL
ADDRESS: 425 SOUTH MISSION DRIVE
SAN GABRIEL,CA 91776
PHONE NO.: (626)308-2825
CONTACT: ANGELA CHENG
PROJECT: ANNUAL GREAT STREET IMPRVMTS
PROJECT AMOUNT: $2,186,520.00
COMPLETION DATE NOVEMBER 2020

4. OWNER: CITY OF ANAHEIM
ADDRESS: 200 SOUTH ANAHEIM BLVD.

ANAHEIM,CA 92805
PHONE NO.: (714)765-5176
CONTACT: PUBLIC WORKS DEPARTMENT
PROJECT: VARIOUS STREETS—GROUP 12
PROJECT AMOUNT: 4,194,071.70
COMPLETION DATE JANUARY 2021

5. OWNER: CITY OF MONTEBELLO
ADDRESS: 1600 WEST BEVERLY BLVD
MONTEBELLO,CA 90640
PHONE NO.: (323)887-1200
CONTACT: HORMOZ VAHID
PROJECT: PAVE THE WAY PHASE I
PROJECT AMOUNT: $1,471,401.45
COMPLETION DATE JULY 2020
Exhibit 2 73

SEQUEL CONTRACTORS9
•
ST.LIC#610600A
13546 IMPERIAL HWY
SANTA FE SPRINGS, CA 90670
Fax (562) 802-7499 (562) 802-7227 Office

STATEMENT OF EXPERIENCE

6. OWNER: CITY OF LYNWOOD
ADDRESS: 11330 BULLIS ROAD
LYNWOOD, CA 90262
PHONE NO.: (310)603-0220
CONTACT: LAURA OCHOA
PROJECT: PEACH STREET AND LA SAGE STREET

IMPROVEMENTS
PROJECT AMOUNT: $1,712,264.65
COMPLETION DATE MARCH 2O20

7. OWNER: CITY OF LONG BEACH
ADDRESS: 411 WEST OCEAN BOULEVARD
LONG BEACH,CA 90802
PHONE NO.: (213)364-4937
CONTACT: PAT CASTRO
PROJECT: ORANGE STREET IMPROVEMENT PROJECT
PROJECT AMOUNT: $1,398,370.00
COMPLETION DATE DECEMBER 2020

8. OWNER: CITY OF RANCHO CUCAMONGA
ADDRESS: 10500 CIVIC CENTER ROAD
RANCHO CUCAMONGA,CA 91730
PHONE NO.: (909)477-2730
CONTACT: ROMEO DAVID
PROJECT: AMETHYST STREET
PROJECT AMOUNT: 740,417.50
COMPLETION DATE JULY 2019
9, OWNER: CITY OF LA CANADA
ADDRESS: 1327 FOOTHILL BLVD
LA CANADA-FLINTRIDGE,CA 91011
PHONE NO.:

CONTACT: NASSAR SHOUSHTARIAN
PROJECT: VARIOUS STREETS IMPROVEMENT PROJECT
PROJECT AMOUNT: 1,260,720.00
COMPLETION DATE OCTOBER 2019

10. OWNER: CITY OF PICO RIVERA
ADDRESS: 6615 PASSONS BOULEVARD
PICO RIVERA,CA 90660
PHONE NO.: (562)801-4415
CONTACT: KENNER GUERERRO
PROJECT: HOT SPOT INTERSECTION IMPROVEMENTS
PROJECT AMOUNT: $1,260,720.00
COMPLETION DATE: JULY 2020
Exhibit 2 74

EQUAL EMPLOYMENT OPPORTUNrTY COMPLIANCE
BIDDER certifies that in all previous contracts or subcontracts, all reports is may have been due under the requirements of any AGENCY, State or Federal equal employment opportunity orders have been satisfactorily filed, and that no such reports are currently outstanding.

AFFIRMATIVE ACTION CERTIFICATION
BIDDER certifies that affirmative action has been taken to seek out and consider minority business enterprises for those portions of the work to be subcontracted, and that such affirmative actions have been fully documented, that said documentation is open to inspection, and that said affirmative action will remain in effect for the life of any contract awarded hereunder. Furthermore, BIDDER certifies that affirmative action will be taken to meet all equal employment opportunity requirements of the contract documents.

NONCOLLUSION AFFIDAVIT
BIDDER declares that the only persons or parties interested in this proposal as principals are those named herein; that no officer, agent, oremployee of the AGENCY is personally interested, directly or indirectly, in this proposal; that this proposal is made without connection to any other individual, firm, or corporation making a bid for the same work and that this proposal is in all respects fair and without collusion or fraud.

C-1 0
Exhibit 2 75

Sequel Contractors, Inc.

BIDDER'S INFORMATION
BIDDER certifies that the following information is true and correct:

Bidder's Name Sequel Contractors, Inc.

Business Address 13546 Imperial Hwy. Santa Fe Springs California 90670 Telephone 562j 802-7227
State Contractor's License No. and Class 610600A
Original Date Issued 1/31/91 Expiration Date 1/31/23 The following are the names, titles, addresses, and telephone numbers of all individuals, firm members, partners, joint ventures, and/or corporate officers having a principal interest in this proposal (use additional 8 Y2" x 11" sheets if needed):

Thomas S. Pack, President
Abel Magallanes Vice President
Michael A. Mahler, Secretary
The date of any voluntary or involuntary bankruptcy judgments against any principal having an interest in this proposal, or any firm, corporation, partnership or joint venturer of which any principal having an interest in this proposal was an owner, corporate officer, partner or joint venturer areas follows:
n/a
All current and prior DBA's, alias, and/or fictitious business names for any principal having an interest in this proposal are as follows:
n/a
C-11
Exhibit 2 76

Sequel Contractors, Inc.

IN WITNESS WHEREOF, BIDDER executes and submits this proposal with the names, title, hands, and seal of all forenamed principals this 24th day of May , 20 22 BIDDER Sequel Contractors, Inc.
13546 Imperial Hwy. Santa Fe Springs California 90670
The undersigned declares under penalty of perjur under the laws of the State of California that the representations made hereto argil a and correct.

Sat „ # 4 tractor's Representative
Thomas S. Pack
Printed Name
President
Title
Subscribed and sworn to this day of 120
NOTARY PUBLIC SEE ATTACHED
C-12
Exhibit 2 77

CALIFORNIA ALL-PURPOSE ACKNOWLEDGMENT CIVIL CODE § 1189 A notary public or other officer completing this certificate verifies only the identity of the individual who signed the j document to which this certificate is attached,and not the truthfulness,accuracy,or validity of that document.

State
California )
County of s j }
before me, , ..._.. Deng 8v tiTf .

On " :_.._ _ ..._. -......_. _.. PUM _.. ..

Date Here ns rt Name and Title of the Officer
personallya _„_.
appeared ....... i m...._.: _....� r _,'... .. _ .... _. _ _....

Name(s) of SiPr7er(s)
who proved to me on the basis of satisfactory evidence to be the personK whose nameo is/are subscribed to the within instrument and acknowledged to me that he/,,z�-/U;,e_ executed the same in his/lae `t,�authorized capacity(jisa), and that by his/1wet�&s signatureks)on the instrument the person(.-4, or the entity upon behalf of which the person*acted, executed the instrument.

I certify under PENALTY OF PERJURY under the laws
of the State of California that the foregoing paragraph +•r•••••••••••�•••••••••••••.••••.•••.a••• is true and correct. •
DANIEL BLISTAMANTE i WITNESS my hand and official seal. comet. #2349514
d J J
LOS ANGEtC-5 COUNTY � Signature y COMM Expires5 Signature of Notary Public Place Notary Seal Above

OPTIONAL
Though this ,ion is r -}ional, completing this information can deter alter?,tion of the obcument or i reattachment of this form to an
Description of Attached Document
Title or Type of Document:

Document Date: _ _ .._.m. ....__._ ... Number of Pages:

Signer(s) Other Than Named Above: _. ....

Capacity(ies) Claimed by Signer(s)
Signer's Name. Signer's Name:_
Corporate Officer — Title(s): Corporate Officer — Title(s):
0 Partner — D Limited -General v Partner — ❑ Limited J General G Individual ❑Attorney in Fact _ individual C Attorney in Fact u Trustee ElGuardian or Conservator =Trustee ❑Guardian or Conservator C Other: _ Other:
_...m. . ...... .... _ _.....

Signer is Representing: _.... _..m_.._m.. .. ...m.. Signer Is Representing .... _.
02016 National Notary Association • www.NationaiNotary.org - 1-800-US NOTARY(1-800-876-6827) Item#5907 Exhibit 2 78

Sequel Contractors, Inc.

BIDDER'S VIOLATION OF LAW/SAFETY QUESTIONNAIRE
In accordance with Government Code Section 14310.5, the BIDDER shall complete, under penalty of perjury, the following questionnaire.

QUESTIONNAIRE
Has the Bidder, any officer of the bidder or any employee of the Bidder who has a proprietary interest in the Bidder ever been disqualified, removed or otherwise prevented from bidding on or completing a Federal, State or local government project because of a violation of law or a safety regulation?
Yes No—\/
If the answer is yes, explain the circumstances in the space provided. n/a
Note: This questionnaire constitutes a part of the Proposal, and a signature portion of the Proposal shall constitute signature of this questionnaire.

C-14
Exhibit 2 79

PROPOSAL GUARANTEE

BID BOND
FOR

VARIOUS RESIDENTIAL STREET IMPROVEMENTS

IN THE CITY OF BELL GARDENS

KNOW ALL PERSONS BY THESE PRESENTS
that Sequel GDntraRtors,Inc.

BIDDER,as and Travelers casu,aI and Surety Company of America corporation organized and existings of the StateConnecticut , and duly authorized to transact i the laws of the State of California,
SURETY, are held and firmly bound unto the City of Bell Gardens, as AGENCY, in the penalsum Of Teri percent of the total amount of the bid Dollars
_®..m 10%,M � which is ten { t of the total amount bid by BfDDER AGENCY for the above-stated r j t, for the payment of whichS BIDDER and SURETYr to be bound,jointlyseverally, firmly by these presents.

THE CONDITIONS OF THIS OBLIGATION ARE SUCH that, whereas BIDDER is about to submit a bidto AGENCY for the above-stated project, if saidi is rejected, ori bid is acceptedcontract is awardedentered into by BIDDER in the manner and time specified, then thisl ll be null and voided, otherwise It shall remain in fullt' r effect in fir of the AGENCY,
IN WITNESSt t their names, titles, hands, and
seals this 16th day of may 2022
e I„ o ors,ino. µ 13546 Imperial Fligh a Santa Fe Springs,CA 90670
562-802-7227
T as
SURETY
* Tr4r ie ssuaiand Surety Company of America 1688 ateuva tenter i)rfve Diamond Bar,CA 91765
• ! 909-612-3654
Douglas A. pp,Attorney in Fact Rapp Surely�Ins.Services,Inc.,999 Corporate Drive.SuRe 706, Cadets Ranch Ga 9-1694
Subscribed swornthis _ , 20
NOTARY m
r ide BIDDER/ADMITTED SURETY name, address, title I r and the name, tit authorized t tiv
G-13
Exhibit 2 80

^
^
CALIFORNIA ALL-PURPOSE ACKNOWLEDGMENT CIVIL CODE § 1189 A notary public or other officer completing this certificate verifies only the identity of the individual who signed the document to which this certificate is attached,and not the truthfulness,accuracy,or validity of that document.

State ofCalifornia )
County of )
Daniel Bustamante,NotalyPWAC
Date Here Insert Name and Title of the Officer
Name(s) of Signer(s)
who proved to me on the basis of satisfactory evidence to be the penaon4 whose namo(,O ia/.ome subscribed to the within instrument and acknowledged to me that h the same in hi muthorizodoapocity(Loa),andthotbyhio/Wnt�&�aiQnature4e)onthoinahumenttbeperoon(s�, or the entity upon behalf of which the person*acted, executed the instrument. | certify under PENALTY OF PERJURY under the |avve
of the State of California that the foregoing paragraph + + is true and correct.
+ DAN/EL BU
STAMANTE *
^� COMM. 234g514 VV|TNESSmy hand and official seal. _ �

NOTARY PUBLIC CALIFORNIA
�
^ / LOSxmGELESCOUNTY
W'COMM,Expires MARCH 1 2026 ° Signature
Signature of Notary Public
Place Notary Seal Above

OPTIONAL ,
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Description of Attached Document
Title or Type ofDocument:

Document Date: Number of Pages:

Signer(s) Other Than Named Above:

Cmpaoity(iee) Claimed bySiQner(s)
Signer's Name: Signer's Name:
[] Corporate Officer — Tit/a(s): Corporate Officer -- Tit|o(s):
[] Partner — El Limited []Genens| OPartner — [] Limited []General [] Individual El Attorney in Fact [] Individual OAttomey in Fact ILL Trustee []Guardian or Conservator OTrustee O Guardian or Conservator []Other: [] Other:

Signer|aRepresenting: Signer |oRepresenting:
—. ��
02816 National Notary Association` www.Nationu| Nntary.org ` 1'OOO'UG NOTARY(1'8OO87O'8827) hem #5907 Exhibit 81

ACKNOWLEDGMENT
notary public or other officer c leti thls
certificate verifies only the identity of the individual who signed the document to which this certificate is
attached, and not the truthfulness, cc racy, or
li dl oft at document,
State of California
County of Oranoe
O y 16, 2022 before me, Debra Swanson, t is (insert name and title of the
officer)-
e onally appeared Doualas
S
who proved to me on the basis of satisfactory evidence to be the person*)whose name(*) is-MM subscribed tote within instrument an c o I d e to me that heAsAaMwy executed the same i his authorized capacity0sel, and that by his/ si ture( ) on the instrument the perso , or the entity upon behalf of which the person(".)acted, executed the instrument.

I certify under PENALTY OF PERJURY under the laws of the State of California that the foregoing paragraph is true and corn
WITNESS my hand and official seal. w �
Signature � (Seal) � .

Exhibit 2 82

..... .......... ........................................... . ............. ...............

Travelers Casualty and Surety Company of America
dAdON411, Travelers Casualty and Surety Company TRAVELERSJ St. Paul it and Marine Insurance Company —-—---------

POWER OF ATTORNEY
KNOW ALL MEN BY THESE PRESENTS: That Travelers Casualty and Surety Company of America, Travelers Casualty and Surety Company, and St.

Paul Fire and Marine Insurance Company are corporations duly organized under the laws of the State of Connecticut (herein collectively called the "Companies"),and that the Companies do hereby make,constitute and appoint Douglas A Rapp Of LADERA RANCH California , their true and lawful Aftomey-in-Fact to sign, execute, seal and acknowledge any and all bonds, recognizances, conditional undertakings and other writings obligatory in the nature thereof on behalf of the Companies in their business of guaranteeing the fideI4 of persons, guaranteeing the performance of contracts and executing or guaranteeing bonds and undertakings required or permitted in any actions or proceedings allowed by law.

IN WITNESS WHEREOF,the Companies have caused this instrument to be signed,and their corporate seals to be hereto affixed,this 17th day of January, 2019.
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Aft
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WPM
State of Connecticut
By:

City of Hartford as. Robert Robert L Ran88enior Vice President On this the 17th day of January, 2019, before me personally appeared Robert L. Raney, who acknowledged himself to be the Senior Vice President of Travelers Casualty and Surety Company of America, Travelers Casualty and Surety Company, and St. Paul Fire and Marine Insurance Company, and that he, as such, being authorized so to do, executed the foregoing instrument for the purposes therein contained by signing on behalf of said Companies by himself as a duly authorized officer.

IN WITNESS WHEREOF,I hereunto set my hand and official seal.

WWA'fly
My Commission expires the 30th day of June,2021 -.1- Puwjo
Anna P.Nowik,Notary Public
This Power of Attorney is granted under and by the authority of the following resolutions adopted by the Boards of Directors of Travelers Casualty and Surety Company of America,Travelers Casualty and Surety Company, and St.Paul Fire and Marine Insurance Company,which resolutions are now in full force and effect,reading as follows:

RESOLVED, that the Chairman,the President, any Vice Chairman, any Executive Vice President, any Senior Vice President, any Vice President, any Second Vice President, the Treasurer, any Assistant Treasurer, the Corporate Secretary or any Assistant Secretary may appoint Attomeys-in-Fact and Agents to act for and on behalf of the Company and may give such appointee such authority as his or her certificate of authority may prescribe to sign with the Company's name and seal with the Company's seal bonds,recognizances,contracts of indemnity,and other writings obligatory in the nature of a bond,recognizance,or conditional undertaking,and any of said officers or the Board of Directors at any time may remove any such appointee and revoke the power given him or her;and it is
FURTHER RESOLVED, that the Chairman, the President, any Vice Chairman, any Executive Vice President, any Senior Vice President or any Vice President may delegate all or any part of the foregoing authority to one or more officers or employees of this Company, provided that each such delegation is in writing and a copy thereof is filed in the office of the Secretary;and it is FURTHER RESOLVED, that any bond, recognizance, contract of indemnity, or writing obligatory in the nature of a bond, recognizance, or conditional undertaking shall be valid and binding upon the Company when (a) signed by the President, any Vice Chairman, any Executive Vice President, any Senior Vice President or any Vice President, any Second Vice President, the Treasurer, any Assistant Treasurer, the Corporate Secretary or any Assistant Secretary and duly attested and sealed with the Company's seal by a Secretary or Assistant Secretary; or(b) duly executed (under seal, if required)by one or more Afforneys-in-Fact and Agents pursuant to the power prescribed in his or her certificate or their certificates of authority or by one or more Company officers pursuant to a wriffen delegation of authority;and it is FURTHER RESOLVED,that the signature of each of the following officers:President,any Executive Vice President,any Senior Vice President,any Vice President,any Assistant Vice President,any Secretary,any Assistant Secretary,and the seal of the Company may be affixed by facsimile to any Power of Attorney or to any certificate relating thereto appointing Resident Vice Presidents,Resident Assistant Secretaries or Attorneys-in-Fact for purposes only of executing and attesting bonds and undertakings and other writings obligatory in the nature thereof,and any such Power of Attorney or certificate hearing such facsimile signature or facsimile seal shall be valid and binding upon the Company and any such power so executed and certified by such facsimile signature and facsimile seal shall be valid and binding on the Company in the future with respect to any bond or understanding to which it is attached. 1, Kevin E. Hughes, the undersigned, Assistant Secretary of Travelers Casualty and Surety Company of America, Travelers Casualty and Surety Company, and St. Paul Fire and Marine Insurance Company, do hereby certify that the above and foregoing is a true and correct copy of the Power of Attorney executed by said Companies,which remains in full force and effect.

Dated this 16th day of May 2022
SIX
3 `� "� . Kevin E.Hughes,Assi tent Secretary To verify the authenticlty of this Pla wer of A f forney,please call us at 1-000-421-3880.

Please refer to the abo ve-named A ffarirey4n-fact and the details of the bond to which this Pa wer of A f turney is a itached Exhibit 2 83

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CITY OF BELL GARDENS

OFFICE OF THE CITY MANAGER
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AG E N DA RE P O RT
Item 6.

TO: Honorable Mayor and City Council Members
FROM: Michael B. O'Kelly, City Manager
BY: Grissel Chavez, Director of Public Works
Douglas Benash, P.E., City Engineer
SUBJECT: SPEED HUMPS INSTALLATION ON PERRY ROAD BETWEEN LOVELAND STREET

AND FOSTER BRIDGE BLVD
DATE: June 27, 2022
RECOMMENDATION:

It is staff's recommendation that the City Council by motion:

Approve the construction of three (3) speed humps on Perry Road, between Loveland Street and Foster Bridge Blvd, with the appropriate signage and stenciling.

BACKGROUND/DISCUSSION:

In accordance with City policy, speed hump applications are reviewed on a case-by-case basis and submitted to the Traffic and Safety Commission for review and consideration. The following information summarizes some of the key criteria reviewed during the evaluation process by the City Traffic Engineer:
• Local, residential street with one travel lane in each direction. • Roadway width is not more than 40 feet.
• There are no curves that would make it difficult for drivers to see the speed humps. • Traffic volumes between 500 and 3,500 vehicles per day(updated guidelines). • Posted speed limit of 25 mph.
• Actual measured 85th percentile speeds greater than 25 mph by 8 mph or more. • Speed humps shall not be installed on roadways with grades over six percent. • Street is not a transit route or primary emergency response route • Citizen Support: Prior to the installation of speed humps, at least fifty-one (51) percent of residents residing along the affected street should support the request (one vote per each legal address).

In response to the request, the City Traffic Engineer ordered traffic volume counts and a speed profile for Perry Road from Loveland Street to Foster Bridge Blvd. The purpose was to confirm the extent of the reported speeding activity on Perry Road and review the traffic volume data that is needed to determine if the local street meets the City's speed hump policy.

Perry Road is a local north-south residential street providing one lane of travel in each direction with a currently posted speed limit of 25 miles per hour (MPH) and is approximately 36.1 feet wide from curb to curb. There are 89 single family homes on both sides of the street. Perry Road is a wide-open street with no restrictions that would cause a driver to slow down; other than the parking that is allowed on both sides of the street.

The results of the average daily traffic (ADT) volume count over a four day period show that Perry Road carries an average daily traffic volume ranging from 3,228 vehicles per day (VPD) on a Thursday and 2,596 on a Sunday. The traffic volumes were recorded on March 24-27, 2022. The recorded speed profile measurements for the combined direction of northbound and southbound Perry Road indicate an 85% percentile speed of 33 miles per hour (MPH), or grater than the posted speed limit of 25 MPH. The measured street width and recorded traffic volumes on Perry Road meet the City's speed hump policy.

The following definitions explain some of the terms for the speed profiling:
50th Percentile — The median speed of vehicles on Perry Road. 85th Percentile — The critical speed is the 85th percentile. Motorists exceeding the 85th percentile speed are driving faster than is safe under prevailing conditions. This percentile may serve as the guide for establishing the posted speed limit.

Pace — The pace is the 10 MPH range of speeds containing the largest number of observations. This can usually be determined by visual inspection of the Vehicle Speed Survey Sheet. After determining the pace, it is useful to compute the percentage of vehicles in the pace, the percentage over the pace and the percentage under the pace. A normal speed distribution will contain 70% of the sample within the pace with 15% above and 15% below.

LOCATION OF NEW SPEED HUMPS
Based on the qualifying results of the traffic volume and speed surveys, a review was made of Perry Road. The City Traffic Engineer identified three (3) potential locations for new speed humps based on a street block length of approximately 1,177 feet from Loveland Street to Foster Bridge Boulevard.

The proposed locations of the speed humps are recommended based on experience of the Traffic Engineer and engineering criteria published by the Institute of Transportation Engineers (ITE), that will help reduce existing speeds traveled along Perry Road to acceptable limits near the "prima facie" speed limit of 25 miles per hour (MPH). The first speed hump will be located at 6808 Perry Road (250 feet north of Loveland); the second at 6720 Perry Road (530 feet north of Loveland); and the last at 6622 Perry Road (867 feet north of Loveland).

Based on the data and findings, on April 5, 2022, the City's Traffic Engineer recommended to the Traffic and Safety Commission, the installation of three (3) speed humps on Perry Road, pending the support of at least fifty-one (51) percent of residents residing along the affected street.

On April 20, 2022, staff hand delivered surveys to 80 homes fronting Perry Road from Loveland Street to Foster Bridge Blvd. A total of 54 surveys were received in favor of the installation of speed humps, thereby exceeding the 51% requirement.

CONCLUSION:

The criteria for the installation of speed hump on Perry Road between Loveland Street and Foster Bridge Blvd has been met. Upon City Council approval, the Street Maintenance crew will schedule the installation of the three (3) speed humps. The speed humps are anticipated to help reduce the speeding in the neighborhood and improve safety for motorists and pedestrians alike.

FISCAL IMPACT:
90 The cost for installing three (3) speed humps is approximately $3,600 and is available in the Street Maintenance budget and will be completed by in-house staff.

ATTACHMENTS:

Exhibit 1 - Speed Hump Locations
APPROVED ELECTRONICALLY BY:

Michael B. O'Kelly, City Manager
Stephanie Vasquez, Assistant City Attorney for Rick R. Olivarez, City Attorney Manuel Carrillo, Director of Finance and Administrative Services 91 Figure 1 —Aerial View of Perry Road (Loveland St.to Foster Bridge Blvd.) Block Length of 1,177 Feet �k
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Figure 2— Location of 11 Speed Hump at 6808 Perry Road 250 Feet North of Loveland St.

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Figure 3— Location of 2nd Speed Hump at 6720 Perry Road 530 Feet North of Loveland Street 76 1
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Exhibit

CITY OF BELL GARDENS

OFFICE OF THE CITY MANAGER
u
m

AG E N DA RE P O RT
Item 7.

TO: Honorable Mayor and City Council Members
FROM: Michael B. O'Kelly, City Manager
BY: Jane Halstead, CMC City Clerk
SUBJECT: CONSIDERATION AND APPROVAL OFA30-DAY RESOLUTION REGARDING THE

CONDUCT OF TELECONFERENCED MEETINGS OF THE CITY COUNCILAND OTHER

CITY BODIES UNDER THE MODIFIED RULES SET FORTH UNDER GOVERNMENT CODE SECTION 54953(E)
DATE: June 27, 2022
RECOMMENDATION:

BACKGROUND/DISCUSSION:

On March 4, 2020, Governor Gavin Newsom proclaimed a State of Emergency throughout the state of California, in response to the rapid spread and threat of the Novel Coronavirus (COVI D-19). On the same day, the Los Angeles County Board of Supervisors and Los Angeles County Department of Public Health ("LACDPH") declared a local emergency and local public health emergency throughout Los Angeles County. On March 17, 2020, the City of Bell Gardens City Council ("City Council") declared a local emergency due to COVID-19 and have reviewed the need for a local emergency at least once every 60 days since the initial declaration pursuant to Government Code Section 8630(c).

Currently, the state-declared emergency remains in effect. In addition, LACDPH has issued a series of Health Officer Orders containing recommendations for keeping individuals safe, reducing risk, and preventing the spread of COVI D-19. As stated, the most recent Health Order by the LACDPH, effective as of April 22, 2022, Los Angeles County is currently experiencing increases in COVI D-19 cases, positivity rates, and COVI D-19 hospitalizations are no longer in decline.

On September 16, 2021, Governor Newsom signed Assembly Bill (AB) 361 (Rivas, 2021), which authorizes local agencies to continue to hold public meetings remotely under modified teleconferencing requirements set forth in the Brown Act (Government Code section 54953(b)(3)) during a state-declared emergency, as that term is defined, and when either state or local health officials have imposed or recommended measures to promote social distancing, or in situations when the legislative body has determined that meeting in person would present imminent risks to the health or safety of attendees. AB 361 went into effect immediately and sunsets on January 1, 2024.

On Monday, June 13, 2022, the City passed Resolution Number 2022-47, ratifying the proclamation of a State of Emergency by Governor Newsom on March 4, 2020, and re-authorizing remote teleconference meetings of the City Council, City Boards, and all Commissions of the City of Bell Gardens, for the period from June 13, 2022, through July 13, 2022, pursuant to Brown Act provisions.
94 Under AB 361, legislative bodies of the City can meet remotely during a declared State of Emergency by the Governor that includes the jurisdictional boundaries of the City, if the legislative body determines that one of the following is also true:

1. State or local officials have imposed or recommended social distancing; or

2. To determine, by a majority vote, whether to hold remote meetings as a result of the State of Emergency, because meeting in person would present imminent risks to the health or safety of attendees; or 3 . The legislative body holds a meeting having already determined by a majority vote to hold remote meetings.

Modified Brown Act requirements under AB 361, include, among other provisions, that:

Members of the public must be allowed to address the body and offer comments in real-time during the meeting.

In the event of a technical disruption, the public agency cannot take any further action on the agenda until the issue is resolved.

Public agencies may not require public comments be submitted in advance (this is still a permissible option but cannot be the only option).

Members of the public must be given a reasonable time to register to provide public comment, if necessary, and agencies that provide a timed public comment period shall not close the remote public comment option until that timed period has expired.

Once the initial authorizing resolution is adopted, ongoing authorization every thirty (30) days is required by majority vote. If the legislative body desires to continue using the teleconference exception, it must confirm the circumstances of the State of Emergency thirty (30) days after the first teleconference meeting and every thirty (30) days thereafter. Resolution Number 2022-47 expires on July 13, 2022. Staff recommends the City Council adopt the attached resolution to avoid any lapse.

CONCLUSION:

If approved, the following will be adopted or approved:
1) The attached Resolution authorizing the City conduct public meetings virtually for all public bodies subject to the Brown Act in accordance with the requirements of AB 361, which will require reauthorization every(thirty)30 days.

FISCAL IMPACT:

There is no fiscal impact to the City.

ATTACHMENTS:

Exhibit 1 - Resolution No. 2022-60
APPROVED ELECTRONICALLY BY:

A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF BELL

GARDENS, CALIFORNIA, RATIFYING THE PROCLAMATION OF A

STATE OF EMERGENCY BY GOVERNOR NEWSOM ON MARCH 4, 2020, AND REAUTHORIZING REMOTE TELECONFERENCE

MEETINGS OF THE CITY COUNCIL, CITY BOARDS, AND ALL

COMMISSIONS OF THE CITY OF BELL GARDENS, FOR THE PERIOD FROM JUNE 27, 2022, THROUGH JULY 27, 2022, PURSUANT TO

BROWN ACT PROVISIONS
WHEREAS, Coronavirus, also known as COVID-19, was first reported in China in December 2019, it has now spread throughout the state of California, including throughout the City of Bell Gardens ("City");
WHEREAS, on March 4, 2020, California Governor Gavin Newsom declared a State of Emergency in response to the rising cases of COVID-19 throughout the state of California;
WHEREAS, on March 4, 2020, the Los Angeles County Board of Supervisors and Los Angeles County Department of Public Health ("LACDPH") declared a local emergency and local public health emergency in response to the spread of COVID-19 throughout the County;
WHEREAS, on March 13, 2020, the President of the United States declared a National Emergency due to the continued spread and the effects of COVID-19; WHEREAS, on March 17, 2020, the City of Bell Gardens City Council ("City Council') declared a local emergency due to COVID-19, and have reviewed the need for a local emergency at least once every 60 days since the initial declaration pursuant to Government Code Section 8630(c);
WHEREAS, on March 17, 2020, Governor Newsom issued Executive Order N-29- 20, which allowed local governments meet remotely without adherence to the traditional teleconferencing rules set forth in the Ralph M. Brown Act ("Brown Act"), this waiver was extended through September 30, 20217 by Executive Order N-08-21; WHEREAS, on September 16, 2021, Governor Newsom signed into law Assembly Bill No. 361 ("AB 361"), which, until January 1, 2024, authorizes a local agency to use teleconferencing without complying with the teleconferencing requirements imposed by the Brown Act, when a legislative body of a local agency holds a meeting during a declared State of Emergency, as that term is defined, when state or local health officials have imposed or recommended measures to promote social distancing or when the legislative body has determined that meeting in person would present imminent risks to the health or safety of attendees;
Exhibit 1 96

Resolution No. 2022-60
WHEREAS, as stated in the most recent Public Health Order ("Health Order") by the LACDPH, effective as of April 22, 2022, Los Angeles County is currently experiencing increases in COVID-19 cases, positivity rates, and COVID-19 hospitalizations are no longer in decline;
WHEREAS, AB 361 requires legislative bodies that hold teleconferenced meetings under its abbreviated teleconferencing procedures to give notice of the meeting and post agendas, as described, to allow members of the public to access the meeting and address the legislative body, to give notice of the means by which members of the public may access the meeting and offer public comment, including an opportunity for all persons to attend via a call-in option or an internet-based service option, and to conduct the meeting in a manner that protects the statutory and constitutional rights of the parties and the public appearing before the legislative body;
WHEREAS, AB 361 requires the legislative body take no further action on agenda items when there is a disruption which prevents the public agency from broadcasting the meeting, or in the event of a disruption within the local agency's control which prevents members of the public from offering public comments, until public access is restored; WHEREAS, AB 361 prohibits the legislative body from requiring public comments to be submitted in advance of the meeting and specifies that the legislative body must provide an opportunity for the public to address the legislative body and offer comment in real time;
WHEREAS, AB 361 prohibits the legislative body from closing the public comment period and the opportunity to register to provide public comment, until the public comment period has elapsed or until a reasonable amount of time has elapsed, as specified; WHEREAS, all City Council, Board, and Commission meetings are open and public, as required by the Brown Act, so that any member of the public may attend, participate, and watch the City Council or City Commission conduct their business; WHEREAS, on December 13, 2021, the City Council adopted Resolution No. 2021-105 ratifying the proclamation of a State of Emergency by Governor Newsom on March 4, 2020, and authorizing remote teleconference meetings of the City Council, City Boards, and all Commissions of the City of Bell Gardens, for the period from December 13, 2021, through January 12, 2022, pursuant to Brown Act provisions; WHEREAS, on January 10, 2022, the City Council adopted Resolution No. 2022- 03, reauthorizing remote teleconference meetings of the City Council, City Boards, and all Commissions of the City of Bell Gardens through February 9, 2022; WHEREAS, on January 24, 2022, the City Council adopted Resolution No. 2022- 08, reauthorizing remote teleconference meetings of the City Council, City Boards, and all Commissions of the City of Bell Gardens through February 23, 2022; 2 of 5
Exhibit 1 97

Resolution No. 2022-60
WHEREAS, on February 14, 2022, the City Council adopted Resolution No. 2022- 12, reauthorizing remote teleconference meetings of the City Council, City Boards, and all Commissions of the City of Bell Gardens through March 16, 2022; WHEREAS, on February 28, 2022, the City Council adopted Resolution No. 2022- 18, reauthorizing remote teleconference meetings of the City Council, City Boards, and all Commissions of the City of Bell Gardens through March 30, 2022; WHEREAS, on March 14, 2022, the City Council adopted Resolution No. 2022- 23, reauthorizing remote teleconference meetings of the City Council, City Boards, and all Commissions of the City of Bell Gardens through April 13, 2022; WHEREAS, on April 11, 2022, the City Council adopted Resolution No. 2022-27, reauthorizing remote teleconference meetings of the City Council, City Boards, and all Commissions of the City of Bell Gardens through May 11, 2022; WHEREAS, on April 25, 2022, the City Council adopted Resolution No. 2022-36, reauthorizing remote teleconference meetings of the City Council, City Boards, and all Commissions of the City of Bell Gardens through May 25, 2022; WHEREAS, on May 9, 2022, the City Council adopted Resolution No. 2022-38, reauthorizing remote teleconference meetings of the City Council, City Boards, and all Commissions of the City of Bell Gardens through June 8, 2022; WHEREAS, on May 23, 2022, the City Council adopted Resolution No. 2022-43, reauthorizing remote teleconference meetings of the City Council, City Boards, and all Commissions of the City of Bell Gardens through June 22, 2022; WHEREAS, on June 13, 2022, the City Council adopted Resolution No. 2022-47, reauthorizing remote teleconference meetings of the City Council, City Boards, and all Commissions of the City of Bell Gardens through July 13, 2022; WHEREAS, the City finds that the continuous spread of COVID-19, specifically with regard to the highly transmissible variants, throughout the community has caused, and will continue to cause, conditions of peril to the safety of persons within the City that are likely to be beyond the control of the City;
WHEREAS, the City continues to enforce measures to promote social distancing which include recommending staff and civilians wear masks in City buildings as well as posting COVID-19 safety measures throughout City buildings and on the City website; WHEREAS, in light of the continuing State declaration of emergency resulting from the COVID-19 pandemic, the continuing recommendation by Los Angeles County Public Health officials for masking at indoor events, and the imminent risks to the health and safety of attendees at meetings conducted in person due to the spread of COVID-19, the City Council desires to make the findings required by AB 361 to allow the City Council 3of5
Exhibit 1 98

Resolution No. 2022-60
and all City Boards and Commissions to continue to meet under AB 361's abbreviated teleconferencing procedures.

NOW, THEREFORE, BE IT RESOLVED by the City Council of the City of Bell Gardens as follows:

SECTION 1. The above recitals are true and correct and are incorporated herein by reference.

SECTION 2. The City Council finds that local officials, specifically, the Los Angeles County Department of Public Health, has continued to recommend social distancing measures.

SECTION 3. The City Council hereby ratifies the Governor of the State of California's Proclamation of State of Emergency, effective as of its issuance date of March 4, 2020.

SECTION 4. The City Manager or designee and legislative bodies of the City are hereby authorized and directed to take all actions necessary to carry out the intent and purpose of this Resolution including, continuing to conduct open and public meetings in accordance with Government Code section 54953(e) and other applicable provisions of the Brown Act.

SECTION 5. This Resolution shall take effect immediately upon its adoption and shall be effective starting June 27, 2022, until the earlier of July 27, 2022, or such time as the City Council adopts a subsequent resolution in accordance with Government Code section 54953(e)(3) to extend the time during which the legislative bodies of the City of Bell Gardens may continue to teleconference without compliance with paragraph (3) of subdivision (b) of section 54953.

SECTION 6. All portions of this Resolution are severable. If any section, subsection, sentence, clause, phrase or portion of this Resolution is for any reason held invalid or unconstitutional, such decision shall not affect the validity of the remaining portions of this Resolution.

SECTION 7. The City Clerk shall attest and certify to the passage and adoption of this Resolution and enter it into the book of original resolutions, and it shall become effective immediately upon its approval.

PASSED, APPROVED and ADOPTED this 27t" day of June 2022. [Signatures on the following page]
4of5
Exhibit 1 99

Resolution No. 2022-60

THE CITY OF BELL GARDENS
Maria Pulido, Mayor
APPROVED AS TO FORM: ATTEST:

Rick Olivarez Jane Halstead
City Attorney City Clerk
5of5
Exhibit 1 100

CITY OF BELL GARDENS

OFFICE OF THE CITY MANAGER
u
m

AG E N DA RE P O RT
Item 8.

TO: Honorable Mayor and City Council Members
FROM: Michael B. O'Kelly, City Manager
BY: Grissel Chavez, Director of Public Works
SUBJECT: DECLARATION OF WATER SUPPLY SHORTAGE LEVEL 2
DATE: June 27, 2022
RECOMMENDATION:

It is staff's recommendation that the City Council by motion:

Approve the attached Resolution declaring a Level 2 Water Supply Shortage pursuant to Bell Gardens Municipal Code Section 11.03.080.

BACKGROUND/DISCUSSION:

In 2021 and earlier this year, Governor Newsom issued several proclamations declaring a state of emergency statewide due to severe drought conditions and directed state agencies to take action to preserve critical water supplies, mitigate the effects of drought conditions and ensure the protection of health, safety, and the environment.

All proclamations encouraged and/or mandated water conservation measures from California residents, ultimately leading to directives to the State Water Board.

State Water Board-January 4, 2022 Meeting Action:

On October 19, 2021, the Governor issued an Executive Order that directed the State Water Board to impose restrictions on water suppliers through January 4, 2023, to achieve a statewide 20% reduction in potable water urban usage, through additional conservation measures for residential, commercial, industrial, and institutional users to meet the requirements under the declared Stage 2 water shortage.

At its January 4, 2022 regularly scheduled meeting, the State Water Board adopted its first emergency regulation to prevent the unreasonable use of water and to promote water conservation, in accordance with applicable State laws and regulations. The Office of Administrative Law gave its approval on January 18, 2022. The below regulation shall remain in effect for one year unless determined no longer needed or extended.

State Water Code § 995. Wasteful and Unreasonable Water Uses (excerpt) Under this regulation, the use of water is prohibited for the following actions:
(A) The application of potable water to outdoor landscapes in a manner that causes more than incidental runoff such that water flows onto adjacent property, non-irrigated areas, private and public walkways, roadways, parking lots, or structures;
(B) The use of a hose that dispenses water to wash a motor vehicle, except where the hose is fitted with a shut-off nozzle or device attached to it that causes it to cease dispensing water immediately when not in use; 101

(C) The use of potable water for washing sidewalks, driveways, buildings, structures, patios, parking lots, or other hard surfaced areas, except in cases where health and safety are at risk; (D) The use of potable water for street cleaning or construction site preparation purposes, unless no other method can be used or as needed to protect the health and safety of the public; (E) The use of potable water for decorative fountains or the filling or topping-off of decorative lakes or ponds, with exceptions for those decorative fountains, lakes, or ponds that use pumps to recirculate water and only require refilling to replace evaporative losses;
(F) The application of water to irrigate turf and ornamental landscapes during and within 48 hours after measurable rainfall of at least one fourth of one inch of rain;
(G)The use of potable water for irrigation of ornamental turf on public street medians.

The use of water is not prohibited in this above listed section to the extent necessary to address an immediate health and safety need.

To prevent the unreasonable use of water and to promote water conservation, any homeowners' association or community service organization or similar entity is prohibited from:
(A) Taking or threatening to take any action to enforce any provision of the governing documents or architectural or landscaping guidelines or policies of a common interest development where that provision is void or unenforceable under section 4735, subdivisions (a)and (b)of the Civil Code; (B) Imposing or threatening to impose a fine, assessment, or other monetary penalty against any owner of a separate interest for reducing or eliminating the watering of vegetation or lawns during a declared drought emergency, as described in section 4735, subdivision (c)of the Civil Code; or (C) Requiring an owner of a separate interest upon which water-efficient landscaping measures have been installed in response to a declared drought emergency, as described in section 4735, subdivisions (c) and (d) of the Civil Code, to reverse or remove the water-efficient landscaping measures upon the conclusion of the state of emergency.

State Water Board- May 24, 2022 Meeting Action:

On March 28, 2022, Governor Newsom also directed the State Water Board to adopt an emergency regulation for urban water conservation, calling for more aggressive water conservation directives to address California's new normal of climate extremes. The State Water Board adopted its second emergency regulation at its May 24 board meeting, and the Office of Administrative Law gave final approval on June 10. The emergency regulation will remain in effect for one year from the effective date, unless modified, extended or ended.

This second emergency regulation requires all urban water suppliers to implement conservation actions under Level 2 of their Water Shortage Contingency Plans in order to reduce the State's water usage by 20%. Note that Level 2 water shortage contingency plans are meant to address up to a 20% shortage of water supplies.

It also provides a temporary ban on watering non-functional turf at commercial, industrial and institutional properties includes areas like the grass in front of or next to large commercial buildings and common areas managed by homeowners' associations. State Water Board defines non-functional turf as grass that is solely ornamental and is not regularly used for recreational purposes or community events. The ban does not include watering turf that is used for recreation or other community purposes, water used at residences or water to maintain trees.

State Water Code. 996. Urban Drought Response Actions (excerpt) (e) (1) To prevent the unreasonable use of water and to promote water conservation, the use: of potable water is 102

prohibited for the irrigation of non-functional turf at commercial, industrial and institutional sites. (2) Notwithstanding subdivision (e)(1), the use of water is not prohibited by this section to the extent necessary to ensure the health of trees and other perennial non-turf plantings or to the extent necessary to address an immediate health and safety need.

Proposed Resolution for Declaration of Level 2 Water Supply Shortage The attached Resolution declares that the state-wide drought requires immediate action by Bell Gardens residents and businesses to reduce water use and directs staff to implement Level 2 of the water shortage contingency; and that such a water supply emergency shall remain in effect until such time that the City is notified by the State Water Board that a water emergency no longer exists. The resolution refers to Chapter 11.03 (Water Conservation Plan) of the City's municipal Code which details the City's Water conservation policies including information about the requirements for each water supply stage.

Chapter 11.03 Water Conservation Plan of the Bell Gardens Municipal Code (BGMC) establishes permanent water conservation standards intended to alter behavior related to water use efficiency at all times and further establishes three levels of response actions to be implemented during times of declared water shortage or declared water shortage emergency, with increasing restrictions on water use in response to worsening drought or emergency conditions and decreasing supplies. The chart below summarizes the City's water conservation activities under Chapter 11.03, that are permanent, in effect at all times; and those additional measures required during Level 1 and Level 2 water supply shortages.

Water Conservation Standard Permanent- Applies during Applies during Applies at all Level 1 Water Level 2 Water
times Supply Supply
Shortage Shortage
Limits on Watering Hours (10 a.m. to 1 X X X hour before sunset)
Odd numbered address- water odd X X X numbered dates
Even numbered addresses — water even X X X
numbered dates
Limit of 15 minutes watering per day per X X X station
No Excessive Water Flow or Runoff. X X X
No Washing Down Hard or Paved X X X Surfaces (unless health & safety reason)
Fix leaks within 7 days X
Water fountains must have recirculating X X X water
Washing vehicles only by hand held X X X bucket/shut off nozzle
Drinking water served upon request only. X X X Hotels must Provide guests option to X X X decline daily linen services.

No Installation of Single Pass Cooling X X X 103

Systems
No Installation of Nonrecirculating Water X X X Systems in Commercial Car Wash and
Laundry Systems.

Restaurants Required to Use Water X X X Conserving Dish Wash Spray Valves
Commercial car wash systems must have X X X
installed operational recirculating water
systems
Construction meters used for irrigation X X X shall not be used between 10:00 a.m. and
one hour before sunset
Filling or refilling of private swimming X X X pools prohibited between 10:00 a.m. and
one hour before sunset
LEVEL 1 SUPPLY SHORTAGE
Watering limited to 3 days per week—April X
to October; November through March, 1
day per week.

Fix leaks within 3 days X
LEVEL 2 SUPPLY SHORTAGE
Watering limited to_2 days per week- April X
to October; November through March, 1
day per week
For 2x a week:

Even numbered address- Sun/Wed
Odd numbered address-Tues/Sat
For 1 x a week:

Even numbered address-Wed
Odd numbered address-Tues
Fix leaks within 2 days X
Washing vehicle only by handheld X bucket/shut off nozzle; high pressure/low
volume wash system; or at car wash
business that uses recirculating water
system
Filling or refilling of ornamental lakes or X ponds is prohibited, except to sustain
aquatic life
Refilling of more than one foot and initial X filling of residential swimming pools/spas
prohibited.

Once approved, the Resolution would go into effect immediately, and staff will begin outreach to the community.

Outreach will include providing information on tips and strategies for saving water, and education regarding the City's 104

Level 2 reduction strategies and the State Water Board temporary restrictions in effect. Golden State Water and the City's water system (via Liberty) will also provide information to their respective customers via water billing mailers, social media platforms, and website links. It is the City's goal that the water restrictions will be adhered to by its residents and businesses to meet an overall reduction in potable water use.

CONCLUSION:

Once approved, the Resolution would go into effect immediately, and staff will begin outreach to the community.

Outreach will include providing information on tips and strategies for saving water, and education regarding the City's Level 2 reduction strategies and the State Water Board temporary restrictions in effect. Golden State Water and the City's water system (via Liberty) will also provide information to their respective customers via water billing, social media platforms, and websites. It is the City's goal that the water reduction strategies will be adhered to by both residents and businesses in order to reduce overall potable water use.

Staff recommends the approval of the Level 2 Water Shortage resolution in accordance with the Bell Gardens Municipal Code Section 11.03.080. Following a Level 2 Water Supply Shortage conservation plan will help the City and State meet a 20% reduction in potable water use.

FISCAL IMPACT:

The City's water customers' reduction of water consumption will translate to a proportionate reduction in revenue received from water service charges collected.

ATTACHMENTS:

Exhibit 1 - Resolution No. 2022-61
APPROVED ELECTRONICALLY BY:

Michael B. O'Kelly, City Manager
Stephanie Vasquez, Assistant City Attorney for Rick R. Olivarez, City Attorney Manuel Carrillo, Director of Finance and Administrative Services 105

RESOLUTION NO. 2022-61

A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF BELL GARDENS, CALIFORNIA, DECLARING A LEVEL 2 WATER SUPPLY

SHORTAGE
WHEREAS, the City Council of the City of Bell Gardens on June 22, 2009 adopted Ordinance No. 822 establishing a Water Conservation and Water Supply Shortage program and Regulations; and
WHEREAS, the City Council of the City of Bell Gardens on June 22, 2009, replaced Chapter 11.03 of City Codes, titled Water Conservation Plan with Water Conservation and Water Supply Shortage Program, which was effective immediately; and WHEREAS, the Water Conservation and Water Supply Shortage Program establishes permanent water conservation standards and three levels of water supply shortage response actions with increasing restrictions on water use in response to worsening drought or emergency conditions and decreasing supplies; and WHEREAS, the Water Conservation and Water Supply Shortage Program specifies a Level 2 Water Supply Shortage exists when the City Council determines, at their discretion and based upon a water supply shortage declaration issued by the State and/or wholesale water agencies that due to drought or other water supply conditions, a water supply shortage or threatened shortage exists, and a consumer demand is necessary to make more efficient use of water and appropriately respond to existing water condition; and
WHEREAS, on January 4, 2022 and May 24, 2022, the State Water Resources Control Board adopted emergency regulations for Statewide urban water conservation to ensure water agencies, their customers, and state residents increase water conservation in urban settings; and
WHEREAS, the Water Conservation and Water Supply Shortage program provides that under a Level 2 Water Supply shortage, irrigation is restricted as follows:
a. Two (2) watering days per week, from April through October (even numbered address - Sunday and Wednesday; Odd numbered address - Tuesday and Saturday)
b. One (1) watering day per week from November through March (even numbered address-Wednesday; odd numbered address- Tuesday). c. Thirty (30) minutes maximum per week per irrigation station, from April through October; and fifteen (15) minutes maximum per week per irrigation station, from November through March.

Exhibit 1 106

Resolution No. 2022-61
NOW, THEREFORE, BE IT RESOLVED by the City Council of the City of Bell Gardens as follows:

SECTION 1. The City Council of the City of Bell Gardens hereby finds that the above recitals are true and correct and incorporated them herein by this reference.

SECTION 2. Pursuant to Section 11.03.080 of the Bell Gardens Municipal Code, the City Council hereby declares a Level 2 Water Supply shortage, which shall remain in effect immediately until June 12, 2023, at which time the City Council shall review the water supply conditions and State Water Board direction, to determine the need for continued mandatory conservation measures.

SECTION 3. Furthermore, the Council hereby declares that irrigation shall be restricted to two (2) days per week, fifteen (15) minutes per station during the months of April through October (even numbered address - Sunday and Wednesday; Odd numbered address - Tuesday and Saturday); and one day per week (even numbered address- Wednesday; odd numbered address- Tuesday), 15 minutes per station, during the months of November through March.

SECTION 4. Based upon the above recitals, the staff report accompanying this Resolution, and such other oral and written evidence, the Bell Gardens City Council hereby determines and declares that due to drought, reduction in water use is necessary to ensure sufficient supplies will be available to meet anticipated demands.

SECTION 5. The City Council further approves this Resolution and 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 6. 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 27t" day of June, 2022.

THE CITY OF BELL GARDENS
Maria Pulido, Mayor
2of3
Exhibit 1 107

Resolution No. 2022-61
APPROVED AS TO FORM: ATTEST:

Rick Olivarez Jane Halstead
City Attorney City Clerk
3of3
Exhibit 1 108

CITY OF BELL GARDENS

OFFICE OF THE CITY MANAGER
u
m

AG E N DA RE P O RT
Item 9.

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 MEMORANDUM OF UNDERSTANDING AND TEFAPAGREEMENT

WITH THE LOS ANGELES FOOD BANK
DATE: June 27, 2022
RECOMMENDATION:

BACKGROUND/DISCUSSION:

When the COVI D-19 Pandemic struck the United States, the City was quick to mobilize and create programs that would aid our community. One such example was the monthly food distributions held on the third Saturday of the month. These food distributions provided staples of perishable and non-perishable food items monthly to approximately 500 families.

Throughout 2020, the Los Angeles Food Bank provided the City with food resources at (3) three major food distributions.

Staff recognized the need to further provide monthly access to food to sustain families in the Community.

Staff at the Community Family Resource Center will register families and distribute food on the third Saturday of each month. Staff is proposing to provide 500 food boxes monthly, with capacity to increase to 700 monthly if necessary.

During the months of November and December the capacity for these distributions will increase to 1500 each.

CONCLUSION:

Due to the continued economic impact on families during this post COVI D-19 pandemic, staff recommends continuing to provide food boxes monthly to the families of Bell Gardens.

FISCAL IMPACT:

Funding for this program is included in the Fiscal Year 22-23 annual Budget for$25,000.

ATTACHMENTS:

Exhibit 1- MO
TEFAP Agreement- LA FOOD BANK
APPROVED ELECTRONICALLY BY:

Michael B. O'Kelly, City Manager
Stephanie Vasquez, Assistant City Attorney for Rick R. Olivarez, City Attorney Manuel Carrillo, Director of Finance and Administrative Services 109

MEMORANDUM OF UNDERSTANDING

BETWEEN THE

LOS ANGELES FOOD BANK AND THE CITY OF BELL GARDENS REGARDING THE

BELL GARDENS MONTHLY FOOD DISTRIBUTION PROGRAM
This Memorandum of Understanding ("MOU" or "Agreement") is made by and between the Los Angeles Food Bank ("Subrecipient") and the City of Bell Gardens ("City") for the purpose of partnering on the Bell Gardens Monthly Food Distribution Program ("Project"), to be conducted from July 1, 2022 through June 30, 2023 in the City and County of Los Angeles herein as"Party" and may be collectively referred to herein as "Parties."

RECITALS
WHEREAS, the City wishes to engage the Subrecipient to assist the City facilitating the food distribution program and utilizing such funds;
WHEREAS, the City has clearance to release the funds for this project; WHEREAS, the purpose of this MOU is to describe the roles and responsibilities of the Parties, and shall supersede and replace any previous agreements between Subrecipient and the City related to the Project described herein.

NOW THEREFORE, IN CONSIDERATION OF THESE RECITALS, AND THE MUTUAL COVENANTS CONTAINED HEREIN, THE PARTIES AGREE AS FOLLOWS:

1. MOU Contents and Objective
a. This MOU is comprised of these terms and conditions contained herein and any attached Exhibits and may be amended only by written agreement between Subrecipient and the City. Such terms and conditions are subject to change. The Recitals to this Agreement are also incorporated herein by this reference.
b. The Subrecipient certifies that the activities carried out with funds provided under this MOU will meet the Monthly Food Distribution to residents of Bell Gardens and Los Angeles County.

2. Scope of Work
a. Subject to the terms and conditions of this Agreement, Recipient agrees to provide the services and tasks described in that certain proposal entitled "Scope of Services" (hereinafter, the "Scope of Work") which is attached and incorporated hereto as Exhibit «A„

3. Term
Exhibit 1 110

The Term of this Agreement shall begin on the Effective Date of the Agreement and continue until June 17, 2023, hereinafter referred to as the"Completion Date," unless terminated earlier as provided herein (hereinafter"Term"). Time is of the essence in the performance of services under this MOU.

4. Compensation
a. City has allocated General Funds in a not-to-exceed amount of Twenty-Five Thousand Dollars ($25,000) (hereinafter Not-to-Exceed Amount") to the Subrecipient to assist with the program costs for activities described in the Scope of Work. b. Subrecipient shall submit to the City a "Reimbursement Request" within thirty (30) calendar days after signing the agreement.

5. Proiect Manaaement
a. For purposes of this MOU, Subrecipient designates the following Project Managers:

Los Angeles Food Bank
Elizabeth Cervantes
Director of Agency Relations & Product Acquisitions
1734 East 41 st Street
Los Angeles, California 90058
323.234.3030 x132
[email protected]
Recipient reserves the right to change this designation upon written notice to City. b. For purposes of this MOU, City designates the following individual as its Project Managers:

Elizabeth Nava
City of Bell Gardens
Director of Recreation and Community Services
562-806-7650
enava ell ar ens.or
City reserves the right to change this designation upon written notice to Recipient.

6. MOU Changes
a. No alteration or deviation of the terms of this MOU shall be valid unless made in writing and properly executed by both Parties.

Exhibit 1 fi11

7. Records Retention
a. Unless otherwise notified by the City, the Subrecipient shall retain all financial records, supporting documents and statistical reports related to the project identified under this Agreement. All records subject to an audit finding must be retained for five (5) years from the date the finding is made or until the finding has been cleared by appropriate officials and the Subrecipient has been given official written notice. b. The Subrecipient shall furnish and cause each of its own subrecipients or subcontractors to furnish all information and reports required hereunder and will permit access to its books, records and accounts.

8. Notices
Any notice or notices required or permitted to be given pursuant to this MOU may be personally served on the other Party by the Party giving such notice, or may be served by certified mail, return receipt requested, to the following addresses:

To SUBRECIPIENT: Los Angeles Food Bank
Elizabeth Cervantes
Director of Agency Relations & Product Acquisitions
1734 East 41 st Street
Los Angeles, California 90058
323.234.3030 x132
[email protected]
To CITY: City of Bell Gardens
Elizabeth Nava
Director of Recreation and Community Services
562-806-7650
enava ell ar ens.or

9. Compliance with Laws
The Parties shall comply with all Federal, State, County and CITY laws, ordinances, rules and regulations applicable to the production of the Project.

10.Disputes
Except as otherwise provided in this MOU, if a dispute arises between the Parties to this MOU, the Parties hereto agree to use the following procedure to resolve such dispute, prior to pursuing other legal remedies:
a. A meeting shall be held promptly between the Parties that will be attended by individuals with decision-making authority (to the extent reasonably possible), who will attempt in good faith to negotiate a resolution of the dispute.

Exhibit 1 112

b. If the parties are unsuccessful in resolving the dispute under (a) above, they may:
(1) agree to submit the matter to mediation, binding judicial reference, or a private adjudicator (if all Parties so agree); or
(2) initiate litigation following advance written notice to the other Party of not less than thirty (30) days.
c. If any party should bring a legal action against the other to enforce the terms of this MOU, the prevailing party shall be entitled to recover reasonable attorneys' fees and costs, as determined by a court of competent jurisdiction in said proceeding.

11.Noncompliance
In addition to such other remedies as provided by law, in the event of noncompliance with any grant condition or specific requirement of this MOU, this MOU may be terminated.

12.Termination of MOU
a. Termination for Convenience. Either Party may terminate this MOU at any time by giving written notice to the other party of such termination at least ten (10) calendar days before the effective date of such termination.
b. Termination for Cause. If through any cause, Recipient shall fail to timely and adequately fulfill its obligations under this MOU, or if Recipient violates any of the covenants, agreements, or stipulations of this MOU, City shall thereupon have the right to terminate the MOU by giving not less than ten (10) calendar days written notice to Recipient of the intent to terminate and specifying the effective date thereof. The City of Bell Gardens shall provide a reasonable opportunity for Recipient to cure prior to termination. In no event shall such opportunity to cure extend beyond the term of the MOU. In the event that City invokes this termination clause, all finished or unfinished documents and other materials as described in the MOU that belong to City shall be returned to City at its option.

13.Non-Assianment
a. Neither Party shall assign this MOU, or any part thereof, without the written consent of each Party to this MOU. Any assignment without such written consent shall be void and unenforceable.
b. The covenants and agreement of this MOU shall inure to the benefit of, and shall be binding upon each of the Parties and their respective successors and assignees.

14.Indemnity
a. Except for the negligence or willful misconduct of the City and any of its officers, agents, employees, assigns, and successors in interest, Subrecipient undertakes and agrees to defend, indemnify, and hold harmless the City and any of its directors, officers, agents, employees, assigns, and successors in interest from and against any and all suits and Exhibit 1 f13

causes of action, claims, losses, demands and expenses, including, but not limited to, attorney's fees and cost of litigation, damage or liability of any nature whatsoever, for death or injury to any person, including the Subrecipient's employees and agents, or damage or destruction of any property of either party hereto or of third parties, arising in any manner out of, pertaining to, or incident to any alleged acts, errors or omissions of Subrecipient, its officials, officers, employees, or agents in connection with the performance of the Project or this MOU, including without limitation the payment of all consequential damages, expert witness fees and attorneys' fees and other related costs and expenses. b. Except for the negligence or willful misconduct of Subrecipient and any of its directors, officers, agents, employees, assigns, and successors in interest, City undertakes and agrees to defend, indemnify, and hold harmless Subrecipient and any of its directors, officers, agents, employees, assigns, and successors in interest from and against all suits and causes of action, claims, losses, demands and expenses, including, but not limited to, attorney's fees and cost of litigation, damage or liability of any nature whatsoever, for death or injury to any person, including the Subrecipient's employees and agents, or damage or destruction of any property of either party hereto or of third parties, arising rising in any manner out of, pertaining to, or incident to any alleged acts, errors or omissions of City, its officials, officers, employees, or agents in connection with the performance of the Project or this MOU, including without limitation the payment of all consequential damages.

15.Insurance
Subrecipient shall, at its own expense, procure and maintain policies of insurance of the types and amounts identified under paragraphs (a) through (g) of this Section 11, below, for the duration of the MOU. The policies shall state they afford primary coverage. a. Minimum Scope of Insurance—Coverage shall beat least as broad as:
(1) Insurance Services Office Commercial General Liability coverage (Occurrence form CG0001), or its equivalent.
(2) Insurance Services Office form number CA0001 (Ed. 1/87) covering Automobile Liability, code 1 (any auto) or its equivalent.
(3) Workers' Compensation insurance as required by the State of California and Employer's Liability Insurance.
(4) Professional Liability (Errors and Omissions) insurance.

Exhibit 1 N

b. Minimum Limits of Insurance—Subrecipient shall maintain limits no less than:
(1) General Liability: $1,000,000 per occurrence for bodily injury, personal injury and property damage. If Commercial General Liability Insurance or other form with a general aggregate limit is used, either the general aggregate limit shall apply separately to this project/location or the general aggregate limit shall be twice the required occurrence limit.
(2) Automobile Liability: Including contractual liability insuring owned, non-owned, hired and all vehicles by Subrecipient with a combined single limit of not less than $1,000,000 applicable to bodily injury, or death, and loss of or damage to property in any one occurrence.
(3) Workers' Compensation Liability: Including Occupational Diseases in accordance with California Law and Employers' Liability Insurance with a limit of not less than $1,000,000 each accident.
(4) Professional Liability Insurance: With limits of not less than $1,000,000 per occurrence.

In addition, it shall be required that the professional liability insurance policy remain in effect for six (6) months after the Completion Date of this Agreement. c. Other Insurance Provisions—The general liability and automobile liability policies procured by Subrecipient are to contain, or be endorsed to contain, the following provisions:
(1) CITY, its elected and appointed officials, officers, employees, agents and volunteers are to be covered as additional insureds of Subrecipient, with respect to liability arising out of the activities performed by Subrecipient, as well as r, tS -rid- Gemplefed eperatinnc of S ihronipigq ' PFemi�? piorl�s ihronipie� a i4e ry me-hiles n R.ed_ 'eased Ih iiFed r-r hr_rrA_yVed by S bFeGipieRt The-r-ev rage shall GA_1Rt_;;i1R RAG Sonial limitotinnc nn the SGGPe of Prntontinn offender!te GITV i�c ZP_d -;;Rd appeiRte d Gffinialo Gffinoro ompleyeeo agents aA d vela pteero (2) For any claims related to this Project, Subrecipient's insurance coverage shall be primary insurance as it relates to City, its elected and appointed officials, officers, employees, agents and volunteers. Any insurance or self-insurance maintained by City shall be excess of Subrecipient's insurance.
(3) Any failure to comply with reporting or other provisions of the policies including breaches of warranties shall not affect coverage provided to City its elected and appointed officials, officers, employees, agents and volunteers.
(4)
d. Acceptability of Insurers— Insurance is to be placed with California admitted insurers with a current A.M. Best's rating of no less than A and be admitted, unless otherwise approved by Subrecipient and City.

Exhibit 1 f15

e. Verification of Coverage — Subrecipient shall furnish City with original endorsements and certificates of insurance evidencing coverage required by this clause. All documents are to be signed by a person authorized by that insurer to bind coverage on its behalf. All documents are to be received and approved by City before work commences. Upon request of City at any time, Subrecipient shall provide complete, certified copies of all required insurance policies, including endorsements affecting the coverage required by these specifications.

16.Severability
If any provision of this MOU is held to be illegal, invalid, or unenforceable, in whole or in part, such provision shall be modified to the minimum extent necessary to make it legal, valid, and enforceable, and the legality, validity, and enforceability of the remaining provisions shall not be affected thereby.

17.Survival
The following sections survive expiration or termination of this MOU:

Section 7 (Records Retention)
Section 14 (Indemnity)
Section 10 (Disputes)

18.Jurisdiction and Venue
This MOU shall be deemed an agreement under the laws of the State of California and for all purposes shall be interpreted in accordance with such laws. Both Parties hereby agree and consent to the exclusive jurisdiction of the courts of the State of California and that the venue of any action brought thereunder shall be Los Angeles County, California.

19.Waiver
No delay or failure by either Party to exercise or enforce at any time any right or provision of this Agreement shall be considered a waiver thereof of such Party's right thereafter to exercise or enforce each and every right and provision of this Agreement. A Waiver to be valid shall be in writing but need not be supported by consideration. No single waiver shall constitute a continuing or subsequent waiver.

20.Standard of Care
The Parties shall perform the work required for the production of the Project under this MOU in accordance with generally accepted industry standards, practices, and principles applicable to such work.

21.Force Maieure
Neither Recipient nor City shall be liable or deemed to be in default for any delay or failure in performance under this MOU or interruption of services resulting, directly or indirectly, from acts Exhibit 1 f16

of God, civil or military authority, acts of public enemy, war, strikes, labor disputes, or any other similar cause beyond the reasonable control of Recipient and City.

22.Execution of MOU or Amendment
This MOU, or any amendment related thereto (Amendment), may be executed in multiple counterparts, each of which shall be deemed to be an original, but all of which shall constitute one and the same agreement. The signature page of this MOU or any Amendment may be executed by way of a manual or authorized signature. Delivery of an executed counterpart of a signature page to this Agreement or an Amendment by electronic transmission scanned pages shall be deemed effective as a delivery of a manually executed counterpart to this Agreement or any Amendment.

23.Entire MOU
This MOU represents and contains the entire agreement of the Parties with respect to the matters set forth herein. This MOU supersedes any and all prior negotiations, discussions and, if any, previous agreements between the Parties.
(SIGNATURES ON NEXT PAGE)
Exhibit 1 f17

IN WITNESS WHEREOF, the Parties have caused this MOU to be executed by their duly authorized representatives as of the dates indicated below:

LOS ANGELES FOOD BANK
By:

Michael Flood, President/CEO Date
CITY OF BELL GARDENS ("CITY")
By:

Michael B. O'Kelly Date
City Manager
APPROVED AS TO FORM:

By:

Rick Olivarez Date
City Attorney
Exhibit 1 �18

Exhibit A— Scope of Work

1. Provide food for 500 families once per month.

2. Provide healthy food options; shelf stable groceries, frozen meats/poultry, produce and dairy items based on available inventory.

3. Send only food in ready-to-distribute bags/boxes for a drive-through style distribution.

4. Deliver food on distribution days based on mutually agreed upon time frame.

Exhibit 1 149

CALIFORNIA DEPARTMENT OF SOCIAL SERVICES
CalFresh Bureau
Food Distribution Unit
Eligible Recipient Agency (ERA) Agreement with Sub-Distributing Agency (SDA)

USDA TEFAP AGENCY AGREEMENT
This Agreement is entered,on this date by and between the Los Angeles Regional Food Bank, Eligible Recipient Agency(ERA)and City of Bell Gardens Sub-Distributing Agency (hereafter referred to as SDA).

This agreement is for the distribution of the contracted United State Department of Agriculture (USDA)donated food under The Emergency Food Assistance Program(TEFAP)by the ERA in the following county/counties: Los Angeles County.

AGREEMENT PERIOD:

The agreement is considered permanent,with amendments to be made as necessary [7 CFR 251(c)(2)]. Inconsideration of the mutual premises hereinafter contained,the parties agree that this Agreement will be performed in accordance with the following conditions:

SDA Information:

Agency Name & City of Bell Gardens
Agency No.:

Contact Elizabeth Nava
Person(s):

Distribution 6662 Loveland Street
Address:

Agency Phone 562-806-7650
No.:

Cell Phone No. 562-480-4741
Email Address: enava ell ar ens.or
Eligibility Information:

Note: A copy of your IRS determination letter must be attached and submitted with this form for all new agencies applying for the TEFAP program..

Applicant is a: (check all that apply):
❑ Nonprofit Organization ® Public Institution ❑ Faith-Based Organization ❑ Provides Food Assistance to needy persons for household ❑ Provides Food Assistance to needy persons in the form of prepared meals FNS Civil Rights Assurance— (Adapted from FNS-74 Federal State Agreement):

This institution is an equal opportunity provider.
"The agency hereby agrees that it will comply with: i. Title VI of the Civil Rights Act of 1964 (42 U.S.C. 2000d et seq.); ii. Title IX of the Education Amendments of 1972 (20 U.S.C. 1681 et seq.); iii. Section 504 of the Rehabilitation Act of 1973 (29 U.S.C. 794); iv. Age Discrimination Act of 1975 (42 U.S.C. 6101 et seq.); v. Title II and Title III of the Americans with Disabilities Act (ADA) of 1990 as amended by the ADA Amendment Act of 2008 (42 U.S.C. 12131-12189); vi. Executive 1 Exhibit 2 120

Order 13166, "Improving Access to Services for Persons with Limited English Proficiency." (August 11, 2000); vii. All provisions required by the implementing regulations of the Department of Agriculture (USDA) (7 CFR Part 15 et seq.); viii. Department of Justice Enforcement Guidelines (28 CFR Parts 35, 42 and 50.3); ix. Food and Nutrition Service (FNS) directives and guidelines to the effect that, no person shall, on the grounds of race, color, national origin, sex, age, or disability, be excluded from participation in, be denied the benefits of, or otherwise be subject to discrimination under any program or activity for which the Program applicant receives Federal financial assistance from USDA; and hereby gives assurance that it will immediately take measures necessary to effectuate this Agreement.; x. The USDA non-discrimination statement that in accordance with Federal civil rights law and U.S. Department of Agriculture (USDA) civil rights regulations and policies, the USDA, its Agencies, offices, and employees, and institutions participating in or administering USDA programs are prohibited from discriminating based on race, color, national origin, religion, sex, gender identity (including gender expression), sexual orientation, disability, age, marital status, family/parental status, income derived from a public assistance program, political beliefs, or reprisal or retaliation for prior civil rights activity, in any program or activity conducted or funded by USDA (not all bases apply to all programs). This assurance is given in consideration of and for the purpose of obtaining any and all Federal financial assistance, grants, and loans of Federal funds, reimbursable expenditures, grant, or donation of Federal property and interest in property, the detail of Federal personnel, the sale and lease of, and the permission to use Federal property or interest in such property or the furnishing of services without consideration or at a nominal consideration, or at a consideration that is reduced for the purpose of assisting the recipient, or in recognition of the public interest to be served by such sale, lease, or furnishing of services to the recipient, or any improvements made with Federal financial assistance extended to the Program applicant by USDA. This includes any Federal agreement, arrangement, or other contract that has as one of its purposes the provision of cash assistance for the purchase of food, and cash assistance for purchase or rental of food service equipment or any other financial assistance extended in reliance on the representations and agreements made in this assurance. By accepting this assurance, the agency agrees to compile data, maintain records, and submit records and reports as required, to permit effective enforcement of nondiscrimination laws and permit authorized USDA personnel during hours of program operation to review and copy such records, books, and accounts, access such facilities and interview such personnel as needed to ascertain compliance with the nondiscrimination laws.

If there are any violations of this assurance, the Department of Agriculture, FNS, shall have the right to seek judicial enforcement of this assurance. This assurance is binding on the agency, its successors, transferees and assignees as long as it receives assistance or retains possession of any assistance from USDA. The person or persons whose signatures appear below are authorized to sign this assurance on behalf of the agency." This agreement is between the Los Angeles Regional Food Bank (ERA) and City of Bell Gardens (SDA).

1. The agreement is considered permanent, with amendments to be made as necessary [7 CFR 251(c)(2)];

2. The site agrees to distribute United States Department of Agriculture (USDA) commodities, hereafter referred to as TEFAP food(s), to eligible recipients who live within the site's defined geographical service area. Agencies that only serve residents from specific zip codes or cities, must post the zip codes or cities that they serve at every food distribution.

3. If a recipient from out of the site's service area requests food, the site will serve them on a one-time exception basis and will advise the recipient of their proper distribution site or to a referral agency.

4. Proof of household income shall not be required for a client to receive TEFAP food. Income eligibility 2 Exhibit 2 121

is a self-declaration by clients after reviewing posted current income eligibility guidelines. The site may require further client information for use with other programs; however, clients shall not be denied TEFAP food if they refuse to reveal any information that is not a requirement of TEFAP (e.g. demographics).

5. The site agrees to provide TEFAP food free-of-charge to eligible individuals. The site agrees not to request donations of any kind in conjunction with a food distribution. No supporting documentation is required for income eligibility determination. Individuals receiving commodities will self-certify they meet the income guidelines, by signing their names on the TEFAP Household Distribution Sign-In Sheet (EFA-7).

6. The site agrees to provide provisions for people incapable of signing their own name on the EFA-7 sign-in sheet.

7. The site agrees to require an Alternate Pick Up form or note from income eligible recipients unable to attend the physical distribution. The individual picking up commodities for these recipients must possess the form or note, and/or any other documents the distribution site or food bank may require.

The form or note should be maintained with the EFA-7 sign in sheet. Recipients are required to provide a new Alternate Pick Up form or note every 30 days.

8. In the event the site is providing commodities to homebound recipients, the site agrees to ensure that these recipients sign the EFA-7 sign-in sheet.

9. The site agrees to have prominently displayed in clear sight of recipients the following signage at times whenever commodities are distributed:
a. "And Justice for All" poster Form AD-475A
b. Current CDSS established Income Guidelines next to the EFA-7 c. TEFAP Written Notice of Beneficiary Rights (only sites that are religious in nature) d. No Application sign (This only applies to agencies that request an application for other food and/or services)

10. The site agrees to notify the food bank immediately of any changes in distribution Iocation(s), distribution hours, or days of operation. A representative of the Site must be present during the scheduled hours of each distribution to direct recipients to an alternate emergency food pantry in the event all the available food is distributed before the scheduled end time.

11. The site agrees to never to sell or trade commodities.

12. The site agrees not to redistribute commodities to other sites, or any other entity without prior written approval from the food bank.

13. The site agrees to make available any accounts and records pertaining to operations under this agreement to the California Department of Social Services, the United States Department of Agriculture (USDA) or any other state entity or statutory authorized person conducting an inspection, review, or audit. The site agrees to keep TEFAP reports and sign-in sheets on file at agency site for four years.

14. The sites must be open to the general population, unless written approval from the food bank is obtain prior before conducting closed distributions.

15. The site agree that no political or religious activity will be conducted in conjunction with a food distribution.

16. The site agrees to submit to the Food Bank a monthly participation report by the 5th business day of the month for the previous month detailing the total duplicated and unduplicated households and 3 Exhibit 2 122

persons served at each TEFAP site.

17. The site agrees to submit to the Food Bank a monthly inventory report of TEFAP commodities showing what is on hand, received and distributed by case. The report is due to the Food Bank by the 5th business day of every month for the previous month.

18. The site agrees to check quality and quantities received, and to sign for receipt of commodities when delivered or picked up from the food bank.

19. The site agrees to store and maintain food to allow for proper ventilation, with commodities stored off the floor and away from walls

20. The site agrees to store and maintain food at proper temperatures to prevent loss.

21. The site agrees to comply with all requirements relating to food safety and food recalls.

22. The site agrees to ensure proper pest control measures are in place.

23. The site agrees to immediately, upon discovery, report theft, loss, infestation or other spoilage of any commodities to the Food Bank.

24. The site agrees to conduct at the least a monthly inventory of USDA foods, if storing food.

25. The site agrees to not request or accept more commodities than can be distributed.

26. The site agrees to follow first in-first out inventory practices.

27. The Food bank, USDA and TEFAP representatives retain the right to visit and inspect the site without prior notice.

28. The site agrees to operate the program in accordance with Title 7, Code of Federal Regulations (CFR), Parts 250 and 251 (see attached excerpt from Section 5 of the TEFAP Policy and Procedure Manual) that pertain to the Emergency Food Assistance Program.

29. The site agrees to train all agency frontline and non-frontline staff and volunteers annually who handle personal information and/or interact with TEFAP food recipients regarding Civil Rights. The site agrees to only use the established Civil Rights training approved and provided by the CDSS Office.

30. The site agrees to ensure that under no circumstances will they discriminate due to race, color, national origin, sex, age, religion, political beliefs or disability. Sites must print the following statement on all printed outreach materials that advertise a TEFAP distribution.

In accordance with Federal civil rights law and U.S. Department of Agriculture (USDA) civil rights regulations and policies, the USDA, its Agencies, offices, and employees, and institutions participating in or administering USDA programs are prohibited from discriminating based on race, color, national origin, sex, disability, age, or reprisal or retaliation for prior civil rights activity in any program or activity conducted or funded by USDA.

Persons with disabilities who require alternative means of communication for program information (e.g.

Braille, large print, audiotape, American Sign Language, etc.), should contact the Agency (State or local) where they applied for benefits. Individuals who are deaf, hard of hearing or have speech disabilities may contact USDA through the Federal Relay Service at (800) 877-8339. Additionally, program information may be made available in languages other than English. 4 Exhibit 2 123

To file a program complaint of discrimination, complete the USDA Program Discrimination Complaint Form, (AD-3027) found online at: How to File a Complaint, and at any USDA office, or write a letter addressed to USDA and provide in the letter all of the information requested in the form. To request a copy of the complaint form, call (866) 632-9992. Submit your completed form or letter to USDA by:
(1) mail: U.S. Department of Agriculture
Office of the Assistant Secretary for Civil Rights
1400 Independence Avenue, SW
Washington, D.C. 20250-9410;
(2) fax: (202) 690-7442; or
(3) email: [email protected].

31. The site agrees that in case of disaster or during post disaster recovery it may be required but not limited to the following: distribute food and/or supplies to people affected by the disaster, operate distribution site outside of normal hours of operation and/or provide short term storage for USDA foods, other food items and/or supplies.

32. The site agrees to abide by any addendums the ERA/Food Bank requires. 5 Exhibit 2 124

Name of Sub-Distributing Agency:

Agency #:

Please indicate days and times of distributions:

Day(s) of Distribution Start Time End Time Start Time End Time Monday
Tuesday
Wednesday
Thursday
Friday
Saturday 9:OOam 12:00 Noon 3Id Saturday of the month
Sunday
Please circle if your distribution is:
• WEEKLY
• BI-WEEKLY (Schedule of dates must be attached for the next 12 months) • BI-WEEKLY: 11t 2nd 3rd 4th
• QONTHL 1st 2nd 94th
This agreement may be canceled upon (30) days' notice in writing by either party. Notwithstanding the foregoing, the SDA, may cancel this agreement immediately upon receipt of evidence that the terms hereof have not been complied with by the ERA.

ERA signing below certifies that the information provided herein is true and correct to the best of my knowledge and that my facility is in full compliance with all Federal, State, County and Local health codes and ordinances regarding food storage.

ERA Representative's Name (print or type) ERA Representative's Title ERA Representative's Signature Date
By signing below, the sub-distributing agency has approved the TEFAP USDA Commodity Food Service Application and Agreement as completed.

Sub-Distributing Agency Rep. Name (print or type) Sub- Distributing Agency Rep. Title Sub-Distributing Agency Rep. Signature Date 6 Exhibit 2 125

CITY OF BELL GARDENS

OFFICE OF THE CITY MANAGER
u
m

AG E N DA RE P O RT
Item 10.

TO: Honorable Mayor and City Council Members
FROM: Michael B. O'Kelly, City Manager
BY: Gustavo Romo, Community Development Director
SUBJECT: CONTRACT AMENDMENT NO. 4 FOR MICHAEL BAKER INTERNATIONAL FISCAL YEAR2022-2023 CDBG PROGRAM ADMINISTRATION
DATE: June 27, 2022
RECOMMENDATION:

It is staff's recommendation that the City Council adopt the attached resolution and approve a Fourth Amendment to the Michael Baker International Professional Services Agreement for Fiscal Year 2022-2023 and task budget reallocation for Community Development Block Grant (CDBG) program administration.

BACKGROUND/DISCUSSION:

The City participates in the U.S. Department of Housing and Urban Development's (HUD) Community Development Block Grant (CDBG) program through the Los Angeles County Development Authority (LACDA). On October 6, 2020, the City Council approved the Professional Services Agreement with Michael Baker for CDBG Administration for the City's Fiscal Year 2020-2021 CDBG projects. The original Consultant proposal was in response to the City's Request for Proposals (RFP) dated April 28, 2020 for CDBG Program Implementation and Administration Services for a not-to-exceed cost of $58,400 for Fiscal Year 2020-2021. The proposal included key personnel hourly rates.

On April 28, 2021, a First Amendment to the Consultant's Professional Services Agreement was approved adding an additional task to administer the City's Permanent Local Housing Allocation (PLHA), thereby increasing the original budget of$58,400 by$63,620 to a not-to-exceed budget of $122,020.

On July 20, 2021, a Second Amendment was approved adding Section 108 Loan administration services to the contract and increasing the budget by$4,500 to a not-to-exceed budget of $126,520.

On December 7, 2021, a Third Amendment was approved to increase the budget for the administration of the City's CDBG and CDBG-CV Small Business Assistance grant programs, thereby increasing the budget by $13,080 to a not-to-exceed budget of $139,600.

Requested Adjustment of Hourly Rates:

The Consultant's original proposal included key personnel hourly rates for Fiscal Year 2020-2021 as follows:

Title Hourly Rate
Project Director $195
Program Manager $135
Project Manager $120
Labor Compliance Manager $160
126

Labor Standards Compliance Officer 1 $110 1
Their hourly rates remained the same for Fiscal Year 2021-2022. Michael Baker is now requesting approval of updated hourly rates for Fiscal Year 2022-2023 for the following personnel:

Title Hourly Rate
Project Director $260
Program Manager $150
Project Manager $135
Labor Compliance Manager $185
Labor Standards Compliance Officer $120
The adjustment in rates does not affect the City's General Fund since all services are covered through CDBG funds. No increases in budget are proposed at this time. However, the higher rates may result in the budget being depleted faster. If the tasks get close to exceed the current not-to-exceed budget of $139,600, staff will return with a new amendment.

Re-allocation of Task Budgets:

The City placed their Fiscal Year2022-2023 CDBG allocation of $605,166 towards the Ford Park Aquatics Center project. However, staff is not recommending approval of an amendment to Michael Baker's Professional Services Agreement for the additional administration and labor compliance services until City staff finalizes the plans for demolition of the existing pool. The City's remaining allocation of PLHA funds have yet to be released. Therefore, staff is proposing to move the remaining balance of $26,585 for Michael Baker's PLHA task budget over to the Ford Park Aquatics Center project to continue their administration.

Tasks Original Budget Budget Balance Updated Budget Ford Park Aquatics Center $55,925 $8,965 $82,510 PLHA $28,250 $26,585 $1,665
Once the PLHA program becomes active and additional work is needed, City staff will request an amendment to Michael Baker's Professional Services Agreement to replenish their task budget if necessary for this program in addition to providing labor compliance services for the Ford Park Aquatics Center.

CONCLUSION:

The proposed amendment does not impact the current services. The updated hourly rates continue to be 100% reimbursable by LACDA through the CDBG program. It is staff's recommendation that the City Council approve the Fourth Amendment to the Professional Services Agreement for the Fiscal Year 2022-2023 for adjusted hourly rates and task budget reallocation for the City's CDBG program.

FISCAL IMPACT:

Michael Baker's consulting services will continue to be reimbursed with CDBG funds. Therefore, there is no impact to the City's General Fund.
127

ATTACHMENTS:

Exhibit 1 - Resolution No. 2022-62
Exhibit 2 - Fourth Amendment With Exhibits
APPROVED ELECTRONICALLY BY:

Michael B. O'Kelly, City Manager
Stephanie Vasquez, Assistant City Attorney for Rick R. Olivarez, City Attorney Manuel Carrillo, Director of Finance and Administrative Services 128

RESOLUTION NO. 2022-62

A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF BELL

GARDENS, CALIFORNIA, APPROVING AND AUTHORIZING A FOURTH

AMENDMENT TO THE MICHAEL BAKER INTERNATIONAL AGREEMENT FOR FISCAL YEAR 2022-2023 HOURLY RATES AND

BUDGET REALLOCATION FOR ADMINISTRATION OF CDBG

PROGRAMS
WHEREAS, the City of Bell Gardens (the "City") participates in the U.S.

Department of Housing and Urban Development's (HUD) Community Development Block Grant (CDBG) program through the Los Angeles County Development Authority (LACDA);
WHEREAS, on October 6, 2020, the City Council approved a Professional Services Agreement with Michael Baker International ("Consultant") for CDBG Administration for the City's FY 2020-2021 CDBG Program which was later amended by way of a First Amendment, Second Amendment and later a Third Amendment for purposes of modifying Consultant's Services and compensation; and WHEREAS, Consultant represents that it is fully qualified to perform such professional services by virtue of its experience, training, education, and expertise; and WHEREAS, the City and Consultant desire to amend the Professional Services Agreement to adopt the hourly rates for Fiscal Year 2022-2023 and to allow for a task budget reallocation.

NOW, THEREFORE, BE IT RESOLVED by the City Council Of The City Of Bell Gardens as follows:

SECTION 2. The City Council approves a Fourth Amendment to the Professional Services Agreement and authorizes and directs the City Manager to execute the Fourth Amendment to the Agreement with Michael Baker International 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. 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.

Exhibit 1 129

Resolution No. 2022-62
PASSED, APPROVED and ADOPTED this 27th 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
Exhibit 1 2 pf�

2022

FOURTH AMENDMENT TO PROFESS IONALSERVICES AGREEMENT
(Engagement: Community Development Block Grant Implementation and Administration Services)
(Parties: City of Bell Gardens and Michael Baker International) THIS FOURTH AMENDMENT (hereinafter, "Fourth Amendment") to that certain agreement entitled "Professional Services Agreement" and dated November 5, 2020 (hereinafter, "Master Agreement"), is hereby made and entered into this 27t" day of June, 2022 (hereinafter, "Effective Date") by and between CITY OF BELL GARDENS, a municipal corporation (hereinafter, "City") and MICHAEL BAKER INTERNATIONAL, (hereinafter, "Consultant"). For purposes of this Fourth 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 Fourth Amendment is made and entered into with respect to the following facts:

WHEREAS, on November 5, 2020, the Parties executed and entered into the Master Agreement for the Consultant to provide assistance with Community Development Block Grant (CDBG) program implementation and administration; and WHEREAS, the Master Agreement was later amended by the City Council by way of a first amendment (hereinafter, the "First Amendment") at its Regular Meeting of March 227 2021 for purposes of modifying Consultant's Services and Compensation provisions of the Master Agreement; and
WHEREAS, the Master Agreement was again amended by way of a Second Amendment (hereinafter, the "Second Amendment") at the Regular City Council meeting of July 12, 2021, to expand the Consultant's services; and WHEREAS, the Master Agreement was again amended by way of a Third Amendment (hereinafter, the "Third Amendment") at the Regular City Council meeting of November 8, 2021, to expand Consultant's services and compensation; and WHEREAS, for purposes of this Fourth Amendment, the Master Agreement as amended by way of the First Amendment, Second Amendment and Third Amendment may be referred to collectively as the "Master Agreement". The Master Agreement is attached and incorporated hereto as Exhibit "A"; and
WHEREAS, on June 24, 2022 Consultant provided the City with its Fiscal Year 2022-2023 rates (hereinafter "Fiscal Year 2022-2023 Rates"); and Exhibit 2 131

WHEREAS, the Fiscal Year 2022-2023 Rates are attached and incorporated hereto as Exhibit "B"; and
WHEREAS, the Parties now wish to modify the Master Agreement to revise the hourly rates for Fiscal Year 2022-2023.

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 6 (COMPENSATION) of the Master Agreement is hereby amended to revise the Compensation Estimate to include the Fiscal Year 2022-2023 Rates which are attached and incorporated hereto as Exhibit "B".

SECTION 3. Except as otherwise set forth in this Fourth Amendment, the Master Agreement, First Amendment, Second Amendment and Third Amendment shall remain binding, controlling, and in full force and effect. Section 18.9 of the Master Agreement notwithstanding, this Fourth Amendment, together with the Master Agreement, First Amendment, Second Amendment and Third Amendment, shall constitute the entire, complete, final, and exclusive expression of the Parties with respect to the matters addressed in both documents.

SECTION 4. The provisions of this Fourth Amendment shall be deemed a part of the Master Agreement, First Amendment, Second Amendment and Third Amendment and except, as otherwise provided under this Fourth Amendment, the Master Agreement, First Amendment, Second Amendment and Third Amendment and all provisions contained therein shall remain binding and enforceable. In the event of any conflict or inconsistency between the provisions of this Fourth Amendment and the provisions of the Master Agreement, First Amendment, Second Amendment and Third Amendment, the provisions of this Fourth Amendment shall control, but only in so far as such provisions conflict with the Master Agreement, First Amendment, Second Amendment and Third Amendment and no further.
[SIGNATURES ON NEXT PAGE]
Exhibit 2 132

IN WITNESS WHEREOF, the Parties hereto have caused this Fourth Amendment to be executed on the day and year first appearing above.

CITY: CONSULTANT:

CITY OF BELL GARDENS MICHAEL BAKER INTERNATIONAL By: By:

Michael B. O'Kelly, City Manager
Name:

Title:

Date:

APPROVED AS TO FORM:

By:

Rick Olivarez, City Attorney
Date:

Exhibit 2 133

EXHIBIT "A"

MASTER AGREEMENT
Exhibit 2 134

2021

THIRD AMENDMENT TO PROFESSIONALSERVICES AGREEMENT
(Engagement: Community [Development Block Grant Implementation and Administration Services)
(Parties: City of Bell Gardens and Michael Baker International) THIS THIRD AMENDMENT (hereinafter, "Third Amendment") to that certain agreement entitle 84Professional Services Agreement" and dated November 5, 2020 (hereinafter, "Master Agreement"), is hereby made and entered into this 81h day of November, 2021 (hereinafter, "Effective Date") by and between CITY OF BELL GARDENS, a municipal corporation (hereinafter, "City") and MICHAEL BAKER INTERNATIONAL, (hereinafter, "Consultant"). For purposes of this Third Amendment, the capitalized term "Parties" shall be a collective reference to both City and Consultant. The capitalized terra "Party" may refer to either City or Consultant interchangeably, as appropriate.

RECITAL
This Third Amendment is made and entered into with respect to the following facts:
on November 5, 2020, the Parties executed and entered into the Master Agreement for the Consultant to provide assistance with Community Development Block Grant (G G) program implementation and administration; and the Master Agreement was later amended by the City Council by way of a first amendment(hereinafter, the "First Amendment") at its Regular Meeting of March 22, 2021 for purposes of modifying Consultant's Services and Compensation provisions of the Master Agreement; and
WHEREAS, the Master Agreement was again amended by way of a Second Amendment (hereinafter, the "Second Amendment")at the Regular City Council meeting of July 12, 2021, to expand the Consultant's services,- and WHEREAS, for purposes of this Third Amendment, the Master Agreement as amended by way of the First Amendment and Second Amendment may be referred to collectively as the "Agreement", The Agreement is attached and incorporated hereto as Exhibit "A"; and
the Parties now wish to modify the Agreement to expand the Consultant's Services to allow for additional consulting services-, and the additional tasks and services to be performed by Consultant are set forth and more particularly described in Consultant's October 20, 2021 "Amendment o. 3 to Current Agreement for Administration of CCDEG and C G-CV Business Assistance Grant Programs" which is attached and incorporated hereto as Exhibit && " (hereinafter, the "October 2021, Supplemental Consultant's Services"); and Exhibit 2 135

WHEREAS, the Parties now wish to increase the 2021-2022 Nat-to-Exceed Sum of ONE HUNDRED TWENTY-SIX THOUSAND FIVE HUNDRED TWENTY DOLLARS ($126,520) by THIRTEEN THOUSAND EIGHTY DOLLARS ($13,080) for a new Not-to- Exceed Sum of ONE HUNDRED THIRTY-NINE THOUSAND SIX HUNDRED DOLLARS ($139,600) to allow for additional services for Fiscal Year 2021-2022; and 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 5.1 (CONSULTANT'S SERVICES) of the Agreement is hereby amended to include the additional tasks and services set forth in Consultant's October 20, 2021 "Amendment No. 3 Current Agreement for Administration of CDBG and CDBG-CV Business Assistance Grant Programs" (hereinafter, "October 2021 Supplemental Scope of Services") which is attached and incorporated hereto as Exhibit 14 B»
SECTION 2. Section 6 (COMPENSATION) of the Agreement is hereby amended increase 2021-2022 Nat-to-Exceed Sum of ONE HUNDRED TWENTY-SIX THOUSAND FIVE HUNDRED TWENTY DOLLARS ($126,520) by THIRTEEN THOUSAND EIGHTY DOLLARS ($13,080) for a new Not-to-Exceed Sum of ONE HUNDRED THIRTY-NINE THOUSAND SIX HUNDRED DOLLARS ($139,600) to allow for additional services for Fiscal Year 2021-2022 for all Work contemplated under the Master Agreement, First Amendment, Second and Third Amendment.

SECTION 3. Except as otherwise set forth in this Third Amendment, the Master Agreement, First Amendment and Second Amendment shall remain binding, controlling, and in full force and effect. Section 18.9 of the Master Agreement notwithstanding, this Third Amendment, together with the Master Agreement, First Amendment and Second Amendment, shall constitute the entire, complete, final, and exclusive expression of the Parties with respect to the matters addressed in both documents.

SECTION 4. The provisions of this Third Amendment shall be deemed a part of the Master Agreement, First Amendment and Second Amendment and except, as otherwise provided under this Third Amendment, the Master Agreement, First Amendment and Second Amendment and all provisions contained therein shall remain binding and enforceable. In the event of any conflict or inconsistency between the provisions of this Third Amendment and the provisions of the Master Agreement, First Amendment and Second Amendment, the provisions of this Third Amendment shall control, but only in so far as such provisions conflict with the Master Agreement, First Amendment and Second Amendment and no further.
[SIGNATURES ON NEXT PAGE]
Exhibit 2 136

IN WITNESS WHEREOF, the Parties hereto have caused this Third Amendment to be executed on the day and year first appearing above.

CITY: CONSULTANT:

CITY OF BELL GARDENS MICHAEL BAKER INTERNATIONAL
If
By..._._ ..._. _.._ .. By:__—._ 'Fe
Michael B. O'Kelly, City Manager
Blame:William Hoose
Title: Associate Vice President
Date:

Date:

APPROVED AS TO FORM:

By: :f.° on behalf of
_.. .__.__ .... ....._ ..._.. ._w_...._..._____.

Rick Olivarez, City Attorney
Date: December 7, 2021
Exhibit 2 137

IN WffNESS WHEREOF, the Part�es hereto have cat.isee th s ThG rd Arner�drnent to be exeWted on fl day and yezir first appearing above,
CITY: CONSULTANT:

CITY OF BELL GARDE14S MICHAEL BAKER INTERNAnONAL
00"!
By* By:_
Michael B. O'Kelly, City Mana er
Narne,William Hoose
Title: Associate Vice-President
Date:-.L
Date November 22, 2021
APPROVED AS TO FORM.

By-,
Rick Olivarez, City Attorney
Date:,,,,.

Exhibit 2 138

IN WITNESS WHEREOF, the Parties hereto have caused this Third Amendment to be executed on the day and year first appearing above.

CITY: CONSULTANT:

CITY OF BELL GARDENS MICHAEL BAKER INTERNATIONAL Michael B. O'Kelly, City Manager
Title:

Date: .--- -- Date:

APPROVED AS TO FORM:

By:

Rick Olivarez, City Attorney
Date:

Exhibit 2 139

EXHIBIT "A"

AGREEMENT
Exhibit 2 140

2021

SECOND AMENDMENT TO PROF ESSIONALSERVIC ES AGREEMENT
(Engagement: Community Development Block Grant Implementation and Administration Services)
(Parties: City of Bell Gardens and Michael Baker International) THIS SECOND AMENDMENT (hereinafter, "Second Amendment") to that certain agreement entitled "Professional Services Agreement" and dated November 6, 2020 (hereinafter, "Master Agreement"), is hereby made and entered into this 12th day of July, 2021 (hereinafter, "Effective Date") by and between CITY OF BELL GARDENS, a municipal corporation (hereinafter, "City") and MICHAEL BAKER INTERNATIONAL, (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 5, 2020, the Parties executed and entered into the Master Agreement for the Consultant to provide assistance with Community Development Block Grant (CDBG) program implementation and administration; and WHEREAS, the Master Agreement was later amended by way of a first amendment (hereinafter, the "First Amendment") and was approved by the City Council of the City of Bell Gardens ("City Council") at its Regular Meeting of March 22, 2021 for purposes of modifying Consultant's Services and Compensation provisions of the Master Agreement; and
WHEREAS, for purposes of this Second Amendment, the Master Agreement as amended by way of the First Amendment may be referred to collectively as the "Agreement". The Agreement is attached and incorporated hereto as Exhibit"A"; and WHEREAS, the Parties now wish to modify the Agreement to expand the Consultant's Services to allow for additional consulting services; and WHEREAS, the additional tasks and services to be performed by Consultant are set forth and more particularly described in Consultant's June 16, 2021 "Amendment No. 2 to Current Agreement for a Section 108 Loan Guarantee Application for the John Anson Ford Park Aquatics Center' which is attached and incorporated hereto as Exhibit "B" (hereinafter, the "June 2021, Supplemental Consultant's Services"); and WHEREAS, the Parties now wish to increase the Not-to-Exceed Sum of ONE HUNDRED TWENTY-TWO THOUSAND TWENTY DOLLARS ($122,020) by FOUR Exhibit 2 141

THOUSAND FIVE HUNDRED DOLLARS ($4,500) for a new Not-to-Exceed Sum of ONE

HUNDRED TWENTY-SIX THOUSAND FIVE HUNDRED TWENTY DOLLARS ($126,520) to allow for additional services for Fiscal Year 2021-2022 ; and 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 5.1 (CONSULTANT'S SERVICES) of the Master Agreement is hereby amended to include the additional tasks and services set forth in Consultant's June 16, 2021 "Amendment No. 2 to Current Agreement for a Section 108 Loan Guarantee Application for the John Anson Ford Park Aquatics Center" (hereinafter, "June 2021 Supplemental Scope of Services") which is attached and incorporated hereto as Exhibit"B".

SECTION 2. Section 6 (COMPENSATION) of the Master Agreement is hereby amended increase Not-to-Exceed Sum of ONE HUNDRED TWENTY-TWO THOUSAND TWENTY DOLLARS ($122,020) by FOUR THOUSAND FIVE HUNDRED DOLLARS ($4,500) for a new Not-to-Exceed Sum of ONE HUNDRED TWENTY-SIX THOUSAND FIVE HUNDRED TWENTY DOLLARS ($126,520) to allow for additional services for Fiscal Year 2021-2022 for all Work contemplated under the Master Agreement, First Amendment and Second Amendment.

SECTION 3. Except as otherwise set forth in this Second Amendment, the Master Agreement and First Amendment 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 and First Amendment, shall constitute the entire, complete, final, and exclusive expression of the Parties with respect to the matters addressed in both documents.

SECTION 4. The provisions of this Second Amendment shall be deemed a part of the Master Agreement and First Amendment and except, as otherwise provided under this Second Amendment, the Master Agreement and First Amendment 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 and First Amendment, the provisions of this Second Amendment shall control, but only in so far as such provisions conflict with the Master Agreement and First Amendment and no further.
[SIGNATURES ON NEXT PAGE]
Exhibit 2 142

IN WITNESS WHEREOF,the Parties hereto have caused this Second Amendment to be execul ed on the day and year first appearing above.

CITY: CONSULTANT:

CITY OF BELL,GARDENS VACHAEL BAKER INTERNATIONAL
BY"- By. ....

Michael B. OKelly, Cityy0anager
Namre: William M. Hoose
f Title: Associate Vice President
/. Date.

APPROVED AS TO FORM:

Rick DIhrarez, City Attomey
Date:.July 20,2021
Exhibit 2 143

EXHIBIT "A"

AGREEMENT
Exhibit 2 144

2021

FIRST AMENDMENT TO PROFESSIONALSERVICES AGREEMENT
(Engagement: Community Development Block Grant Implementation and Administration Services)
(Parties: City of Bell Gardens and Michael Baker International) THIS FIRST AMENDMENT (hereinafter, "First Amendment") to that certain agreement entitled "Professional Services Agreement" and dated November 5, 2020 (hereinafter, "Master Agreement"), (hereinafter, "Effective Date") by and between CITY OF BELL GARDENS, a municipal corporation (hereinafter, "City") and MICHAEL BAKER INTERNATIONAL, (hereinafter, "Consultant"). For purposes of this First 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 First Amendment is made and entered into with respect to the following facts:

WHEREAS, on November 5, 2020, the Parties executed and entered into the Professional Services Agreement for the Consultant to provide assistance with Community Development Block Grant (CDBG) program implementation and administration; and
WHEREAS, the Master Agreement is attached and incorporated hereto as Exhibit "A"; and
WHEREAS, under the terms of the Master Agreement, City agreed to pay Consultant an annual Not-to-Exceed Sum of FIFTY-EIGHT THOUSAND FOUR HUNDRED DOLLARS ($58,400) (hereinafter, "Compensation") for the Term of the Agreement; and
WHEREAS, the Parties now wish to modify the Master Agreement to expand the Consultant's Services to allow for additional consulting services; and WHEREAS, the additional tasks and services to be performed by Consultant are set forth and more particularly described in Consultant's March 10, 2021 "Amendment No. 1 to Current Agreement Between the City and Michael Baker International Letter Proposal to Increase Budget for Program Implementation and Administration of the City of Bell Gardens Community Development Block Grant Program which is attached and incorporated hereto as Exhibit "B" (hereinafter, the "March 2021, Supplemental Consultant's Services"); and
Exhibit 2 145

WHEREAS, the Parties now wish to increase the annual Not-to-Exceed Sum of FIFTY-EIGHT THOUSAND FOUR HUNDRED DOLLARS ($58,400) by SIXTY-THREE THOUSAND SIX HUNDRED TWENTY DOLLARS ($63,620)for a new aggregate annual Not-to-Exceed Sum of ONE HUNDRED TWENTY-TWO THOUSAND TWENTY DOLLARS ($122,020) to allow for additional services; and 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 5.1 (CONSULTANT'S SERVICES) of the Master Agreement is hereby amended to include the additional tasks and services set forth in Consultant's March 10, 2021 "Amendment No. 1 to Current Agreement Between the City and Michael Baker International Letter Proposal to Increase Budget for Program Implementation and Administration of the City of Bell Gardens Community Development Block Grant Program which is attached and incorporated hereto as Exhibit "B".

SECTION 2. Section 6 (COMPENSATION) of the Master Agreement is hereby amended increase annual Not-to-Exceed Sum of FIFTY-EIGHT THOUSAND FOUR HUNDRED DOLLARS ($58,400) by an annual SIXTY-THREE THOUSAND SIX HUNDRED TWENTY DOLLARS ($63,620) for a new aggregate annual Not-to-Exceed Sum of ONE HUNDRED TWENTY-TWO THOUSAND TWENTY DOLLARS ($122,020) for all Work contemplated under the Master Agreement and First Amendment.

SECTION 3. Except as otherwise set forth in this First Amendment, the Professional Services Agreement shall remain binding, controlling, and in full force and effect. Section 18.9 of the Master notwithstanding, this First Amendment, together with the Professional Services Agreement, shall constitute the entire, complete, final, and exclusive expression of the Parties with respect to the matters addressed in both documents.

SECTION 4. The provisions of this First Amendment shall be deemed a part of the Professional Services Agreement and except, as otherwise provided under this First Amendment, the Professional Services Agreement and all provisions contained therein shall remain binding and enforceable. In the event of any conflict or inconsistency between the provisions of this First Amendment and the provisions of the Professional Services Agreement, the provisions of this First Amendment shall control, but only in so far as such provisions conflict with the Professional Services Agreement and no further. [SIGNATURES ON NEXT PAGE]
Exhibit 2 146

IN WITNESS WHEREOF, the Parties hereto have caused this First Amendment to be executed on the day and year first appearing above.

CITY: CONSULTANT:

CITY OF BELL GARDENS MICHAEL BAKER AND ASSOCIATES By: By:

Michael B. O'Kelly, City Manager
Name:

Title:

Date:

APPROVED AS TO FORM:

By:_..

Rick Olivarez, City Attorney
Date:

Exhibit 2 147

EXHIBIT "A"

MASTER AGREEMENT
Exhibit 2 148

2020

PROFESSIONAL SERVICES AGREEMENT
(Engagement: Community Development Block Grant Implementation and Administration Services)
(Parties: City of Bell Gardens and Michael Baker Intemational)

1. IDENTIFICATION
THIS PROFESSIONAL SERVICES AGREEMENT ("Agreement") is entered Into by and between the City of Bell Gardens, a California municipal corporation ("City") and Michael Baker International ("Consultant").

2. RECITALS
WHEREAS, City requires consultant services to provide assistance with Community Development Block Grant (CDBG) program implementation and administration for a term of three(3)fiscal years, commencing as of fiscal year 2020-2021 (hereinafter, the "Term"), The Agreement may be extended by the CITY subject to its same terms and conditions for a maximum of two (2)additional one-year extension terms, provided the City, through the City Manager, or their designee, issues written notice of the City's intent to extend the Term of the Agreement prior to the expiration of the initial Term. and
WHEREAS, City staff has determined that Consultant possesses the experience, skills and training necessary to competently provide such services to City; and NOW, THEREFORE, for and in consideration of the mutual covenants and conditions herein contained, City and Consultant agree as follows:

3. [Reserved— No Text]

4. TERM
This Agreement shall have a term of three (3)fiscal years, commencing as of fiscal year 2020-2021 (hereinafter, the "Term"). The Agreement may be extended by the CITY subject to its same terms and conditions for a maximum of two (2) additional one-year extension terms, provided the City, through the City Manager, or their designee, issues written notice of the City's intent to extend the Term of the Agreement prior to the expiration of the initial Term.

5. CONSULTANT'S SERVICES

5.1 Subject to the terms and conditions of this Agreement, Consultant agrees to provide the services and tasks described in that certain Request for Proposals of CITY entitled "Request for Proposals for 2020 — 2025 CDBG Administration" issued April 28, Exhibit 2 149

2020, and re-circulated on August 10, 202 (hereinafter, "City ") and the written proposal of Consultant entitled "Proposal for the City of Bell Gardens Proposal for Administration ices" (hereinafter, the "Consultant Proposal") t ust 25, 2020.

The City RFP and the Consultant Proposal are attached and incorporated hereto s Exhibit ," respectively. The ter f Services" shall be a collective reference o the Cityn e Consultant Proposal. The capitalizedto " shall be a collective reference to all the various services tasks referenced in the Scope of Services. In the event of any conflict or inconsistency between the provisions aft e document entitled City RFP and the provisions of the document entitled o It nt Proposal, the requirements of the document entitled CityI ov and trol but only to the extent of the conflict or inconsistency n o further. In the event of any conflict or inconsistency between the provisionsof the Scope of Services and the provisions of this Agreement to which the Scope of Services is attached, the provisions oft is Agreement shall govern and control.

5.3 Consultant represents that it has, or will secure at its own expense, all personnel e uir o perform the services identified in the Scope of Services. All such services shall.be performedy Consultant or under its supervision, d all personnel engaged in the work shall be qualified to perform such services. Consultant shall identify project administrator and shall have it ct responsibility for management of Consultant's performance under this Agreement. No change shall be made in Consultant's rod inistr for without City's prior written consent.

6. COMPENSATION
Consultant shall perform the Work in accordance with the Cost Estimate (hereinafter, t "Compensation Rate") is attached n incorporated heret er Exhibit " ". The foregoing o i st i , Consultant's annual compensation fort e performance of all Work contemplated under this Agreement, will not exceed the annual not-to-exceed of FIFTY-EIGHT THOUSAND FOUR HUNDRED DOLLARS ( , ) (hereinafter, t I Not-to-Exceed during e Term of this Agreement, unless suchde x itur is first approved by the City Council. In the event ons It t' charges are projected to exceed the Annual Not-to-Exceed u `or tot e expiration oft is Agreement, City may suspend Consultant's performance pending City rov I of any anticipated expendituresin excess of the Not-to-Exceedr any other City approved e ent to the compensation terms oft is Agreement.

The Annual Not-to-Exceed ill be paidto Consultant in monthly increments s the Work is completed. Following the conclusion of each calendar o f o s It n ill submit to City an itemized invoice indicating the services e or and tasks completed in the recently concluded calendar month, including services and tasks performed and the reimbursable out-o oc et expenses incurred. If the amount of Consultant's monthly compensation is a function of hours workedConsultant's personnel, the invoice shoul indicate the number of hours worked in the recently concluded calendar month, the persons responsible for performing the Work, the rate of compensation at which such services and tasks re performed, the subtotal for each Exhibit 2 150

task and service performed and a grand total for all services performed. Within thirty(30) calendar days of receipt of each invoice, City will notify Consultant in writing of any disputed amounts included in the invoice. Within forty-five (46) calendar days of receipt of each invoice, City will pay all undisputed amounts included on the invoice. City will not withhold applicable taxes or other authorized deductions from payments made to Consultant.

T. 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.

S. 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.

9. 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 and Citys elected and appointed officials, its officers, agents, employees and volunteers should (hereinafter, "the City Indemnitees") to the fullest 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, Exhibit 2 151

employees and volunteers from and against any and all claims and losses, costs or expenses for any damage due to death or injury to any person and injury to any property resulting from any alleged intentional, reckless, negligent, or otherwise wrongful acts, errors or omissions of Consultant or any of its officers, employees, servants, agents, or subcontractors in the performance of this Agreement. Such costs and expenses shall include reasonable aftomeys' 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 and City's elected and appointed officials, 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 fully responsible and indemnify, hold harmless and defend City, its officers, agents, employees and volunteers from and against any and all claims and losses, costs or expenses for any damage due to death or injury to any person and injury to any property resulting from any alleged intentional, reckless, negligent, or otherwise wrongful acts, errors or omissions of Consultant's subcontractors or any other person or entity involved 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 in 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 Exhibit 2 152

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 carry, 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.

11.1.2 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.

11.1.3 Worker's Compensation insurance as required by the laws of the State of California.

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 A:VI I 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.

Exhibit 2 153

1.7 The general liability n automobile policies of insurance required by this Agreement shall contain an endorsement naming City, its officers, employees, agents and volunteersadditional insureds. ll of the policiesrequired under this re ent shall contain an endorsement providing that the policies cannot be canceled or reduced except on thirty (30) ay " prior written notice to City. Consultant agrees to require its insurer to modify the certificates of insurance to delete any exculpatory wor in t tin that failure of the insurer to mail written notice of cancellation imposes no obligation, an to delete the or "endeavor" with regard to anynotion provisions.

11.8 Th insurance provided by Consultant shall be primaryto any coverage available to City. Any insurance or self-insurance aint i od by City, its officers, to agentsor volunteers, it o i oo of Consultant'sinsurance n shall notcontribute it 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 bond guaranteeingpayment of losses and expenses.

11.10 Procurement of insurance by Consultant shall not be construed limitation of ConsultanVs liability or as full performance of Consultant's duti to indemnify, hold less and defend underSection 10 of this Agreement.

COOPERATION12. MUTUAL
City shall provide Consultantit complete access to information for the proper performance of Consultant'sservices under this roe ante w

RECORDS AND INSPECTIONS
Consultant shall maintain full and accurate records with respect to all matters covered under this Agreement for a periodof three (3) years after the expiration or termination of this r en e City shall have the right to access and examine such records, without charge, rin or I business hours. City shall further have the right to audit suchrecords, to make transcripts therefrom and to inspect all program data, documents, proceedings, and activities.

Consultant14. PERMITS AND APPROVALS
all obtain, at its sole cost and expense, all permits and regulatory approvals noo sea in the performance oft is Agreement. ® NOTICES
y notices, bills, invoices, or reports required by this roo nt shall be deemed received on: (i) the day of delivery if delivered by hand, facsimile or overnight courier service uring Consultant's an it " regular business hours; or (ii) on the third ( rd) business day following deposit in the UnitedStates mail if delivered by mail, postage prepaid, to the addresses listed bolo (or to such other addresses as the parties ay, from time to time, designate in writing).
6 Exhibit 2 154

If to CRY: If to Consultant:

City of Bell Gardens Michael Baker International 7100 S. Garfield Ave. 3760 Kilroy Airport Way, Suite 270 Bell Gardens, California 90201 Long Beach, CA 90806 With a courtesy copy to:

Rick Olivarez,
Olivarez Madruga Lemieux O'Neill, LLP
500 S. Grand Ave. Floor 12
Los Angeles, CA 90071
Telephone: (213)744-0099
Facsimile: (213)744-0093

16. SURVIVING COVENANTS
The parties agree that the, covenants contained in Sections 9 and 10 and Section 12, 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.

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 full 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 T
Exhibit 2 155

status, national origin, ancestry, age, physical or mental handicap, ical 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 therey conflict between such din the sectionor paragraph ther of at the head of which it appears, the section or paragraph thereof, as the case may be, and not such heading, shall control and governin the construction of this Agreement. Masculine or feminine pronouns shall be substituted for the neuter for and vice versa, and the plural shall be substituted for the singular form and vice versa, B any place or places herein in which the contextrequires such su stit tion(s).

18.4 The waiver by City or Consultant of any breach of any term, covenant or condition r i 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 term, nt or condition herein contained. No term, covenant or condition of this Agreement shall be deemed to have been waivedy City or Consultant unless in writing.

18.5 Consultant shall not be liable for any failure to performif Consultant presents cc to le evidence that such iB re was due tocauses yond the control and withoutthe fault or negligence of Consultant.

18.6 Each right, power and remedy provided for herein or nowor hereafter existing at law, in equity, by statute, or otherwise shall be cumulative and shall be in addition to everyother right, power, or remedy provided for herein or now or hereafter existing at law, in equity, by statute, or otherwise. The exercise, the commencement of the exercise, or the forbearance of the exercise y any party of any one or more of such rights, powers or remedies shall not preclude the simultaneous or later exercise by such party of any of all of such other rights, powers or remedies. In the event legal action shall benecessary to enforce any term, covenant or condition her contained, the party prevailing in such ction, whether reduced to judgment or not, shall be entitled to its reasonable court costs, including cc u t ts' fees, if any, and attorneysfees expended in such action subject to the limitations contained in Sectione venue for any litigation shall be Los Angeles County, California.

18.7 If any term or provision oft is Agreement or the application thereof to any person or circumstance shall, to any extent, be invalid or unenforceable, then such term or provision shall amended to, and solely to, the extent necessary to cure such invalidity or unenforceability, and in its amended form shall be enforceable. In such event, the remainder oft is Agreement, or the application of such term or provision to persons or circumstances other than those s to which it is held invalid or unenforceable, shall not be affected thereby, n ac term and provision of this Agreement shall be valid enforced to the fullest extent er i by I .

18.8 This Agreement shall be governedand construed in accordance with the laws of the State of California.

18.9 All documents referenced as exhibits in this Agreement are hereby incorporated in this Agreement. In the event of any material discrepancy between the express provisions of this Agreement and the provisions of any document incorporated 6 Exhibit 2 156

herein by reference, the provisions of this Agreement shall prevail. This Instrument contains the entire Agreement between City and Consultant with respect to the transactions contemplated herein. No other prior oral or written agreements are binding upon the parties. Amendments hereto or deviations herefrom shall be effective and binding only If made In writing and executed by City and Consultant.

TO EFFECTUATE THIS AGREEMENT, the parties have caused their duly authorized representatives to execute this Agreement on the dates set forth below.

SICI .,n "Consultant"
City of Bell Gardens Michael Baker International B : `� w_ _...___. ___..

Michael' :.Q' ally, Cl n .�._ Y� � .. .�ager Date:_ Date:_
Approved as to form:

By:
44 on behalf of
Rick 411varez, City Attorney
g
Exhibit 2 157

EXHIBIT "A"

CITY RFP
I:
10 Exhibit 2 158

herein by reference, the provisions of this Agreement shall prevail. This instrument contains the entire Agreement between City and Consultant with respect to the transactions contemplated herein. No other prior oral or written agreements are binding upon the parties. Amendments hereto or deviations herefrom shall be effective and binding only if made in writing and executed by City and Consultant.

TO EFFECTUATE THIS AGREEMENT, the parties have caused their duly authorized representatives to execute this Agreement on the dates set forth below. dicityly "Consultant"
City of Bell Gardens Michael Baker International By: By: V
Michael B. O'Kelly, City Manager
Approved as to form:

Rick 011varez, City Attorney
Exhibit 2 159

EXHIBIT "A"

CITY RFP
10 Exhibit 2 160

EXHIBIT "B"

CONSULTANT PROPOSAL
11 Exhibit 2 161

Exhibit 2 162

« fir
w,
rvm rho dp fi IM
40 Niu

REQUEST FOR PROPOSALS
2020-2025 CDBG Administration
RFP Release Date
April 28, 2020
Proposal Submittal Deadline
May 21, 2020
Contact Person:

Gustavo Romo, Community Development Director
City of Bell Gardens
7100 Garfield Avenue
Bell Gardens, CA 90201
(562) 806-7721
romo bell ardens.or
7100 Garfield Avenue - Bell Gardens, CA 90201 - (562) 806-7700- www.beligardens.org Exhibit 2 163

TABLE OF CONTENTS
Introduction , . . . . . . , - - - - . . . . . . ^ ^ ^ ` ' ' ' , ^ ' ~ ^ ' ~ ^ ' ' ^ ' ' ' ^ ` ^ ' ' ^ ` ^ ' ^ ` ^ ^ ' ^ ` - ` ^ ' ^ ' ' ' ' ' ^ ' ^ 3 Submittal Procedures and Deadline . . . . . . . . . . . . . . . . . , . , . . . . . ' ' ' . - ' ' . . . ' . ' ' . . . . ' - . .4 Definitions, Terms and Conditions . . . . ' . ' - ' ' ' ' ' . , . . . ' . . . . . . , . ' . . , . . ' . . ' ' ' ' ' . . ^ . . ' ' ' 5 General Information . . . . . ' . . . ' . . . . . . . . . ' ' . ' ' - . ' ' . . ' . . . . . . , ' ' ' ' ' . . . . . ' . . . . , ' - . ' , . . 0 Scopeof work ' ' ' . ' . . . . . . . ' . . ' . ' ' . ' ' . . ' ' ' ' . . . , , ^ . ^ . . . . ' . ' ' ' . ' ' ' ' . ' . ' . ' , , . . . . ' . . . 8 Proposal Format and Content Requirements . . . . . - . . . . . . . . ' . . . . ' . ' - ' . ' ' ' ' . . . . , . ' , . . 11 EvaluationCriteria' . ' . . . . . . . . . ' ' . . . ' ' ' ' . . . ' ^ ' ^ . ' . ' ' . . ' ^ . . ^ . . . - ' . . ' ' ' . ^ ' . . . . ' . . . ' ' 13 Sample Contract Services Agreement . . . . . - ' . . . . . . . . , ' . ' . . ' ' ' ' ' . . . . . ^ . . . . ' ' ' ' . . . . . 14

LTRODU&1=ON
E
The City of Bell Gardens Community Development Department ("City") is seeking qualified individuals/firms with proven expertise to submit a proposal to perform Implementation and Administration services for the City's Community Development Block Grant Program with four possible one-year extensions (for a total of five years).

It is the intent of the City of Bell Gardens to select a single firm to accomplish and/or supply all services outlined in this Request for Proposal (RFP). 3 Exhibit 2 165

SUBMITTAL PROCEDURES/DEADLINE -1
Four copies of your response, two (2) bound, one (1) unbound and (1) electronic version (CD-ROM, or USB flash drive duplicate of copies), shall be submitted no later than 5:00 p.m. on Thursday, May 21, 2020 to the City Clerk's Office. Postmarks by this date are not acceptable and facsimiles will not be accepted. Please mail or deliver your response in a sealed envelope with "CDBG Admin RFP Response" written below the address label and addressed as follows:

City Clerk's Office
Attention: Ms, Jane Halstead, City Clerk
CDBG Admin RFP Response
City of Bell Gardens
7100 Garfield Avenue
Bell Gardens, CA 90201
In order to ensure a fair and objective RFP process and evaluation, all questions and inquiries related to this RFP shall be addressed in writing to Gustavo Roma, Community Development Director, at [email protected]. The deadline for written questions and inquiries is May 11, 2020. Although currently closed for walk-in service due to the COVID-19 pandemic, City Hall is open via telephone and email Monday through Thursday from 7:30 AM to 6:00 PM.

The tentative schedule for this Request for Proposals is as follows:
----------
S�W .......f P to Vendors ...jy#sd Aril
28, 2020
Deadline, ,f6r'_'du6si i o n s a—nd,...........I-n,—q u__J rie-s- Monda May 11, 2020 b 5:00 PM Pro osai..S.ubmission Deadline Thursday, May_21,,_?q?0 by 5:00 PM Interviews for Qualified Firms Week of May_�25,_2020 Contract Evaluations/Np_qotiations Week of June 1, 2020 .�City Pouncil MeetincJ for p)rqyal._ Monday,,4qpq.ZZ, 2020 Earliest Award of Any.One Contract Tuesday, June 30, 2020 4 Exhibit 2 166

�� DE�FINI�TION�S, TER S p�CON�DIT�ION� �� Definitions: In order to simplify clarify the language throughout this Request for Proposals, the following efi iti ns shall apply:

CITY. The Cityf Bell Gardens, CA.

CITY COUNCIL: The elected officials f the Cityof Bell Gardens, who have been given the authority to exercise suchpowers and jurisdiction on all City business as conferred by the State on tittion and Laws.

CONTRACT: An agreement n the City and the selectedfirm to furnish supplies and/or services over a designatedperiod f time duringwhich repeated purchases are made of the commodity and/or service specified.

RFP: Request for Proposal.

CCONSULTANT: Organization offering a proposal in response to this .

Proposali
Electronic
Consultants y be suppliedi ri i t RFP documentsin electronic form to aidin the preparation of r o l( ). By acceptingthese electronic documents, each ons It nt agrees not to edit or change the language or format of these documents. Submission of a proposal by Consultants signifies full agreement with this requirement.

SubmittedReceipt Of Pr2pksals
r s l( ) must be property addressed and received y the City prior to the date and time cifi r fact that the proposal was dispatched will not be considered; the Consultant must insure that the r os l is actually delivered.

Proposals received r the date and time specified ll be returned ill be considered void andunacceptable. The City Is not responsible for the lateness of the mail carrier, c.; and the time/date st f receipt y the CityI r ss Office shall be the official time of receipt.

Alterations
Proposals ..documents cannot be physically altered or amended after the closing t .

Alterations fro closing must be initialed by the Consultant to guarantee authenticity.

Proposals may not be withdrawn after the proposal closing te and each Consultant agrees to this ti l ti n upon submittal of its proposal. However, all proposals are subject t negotiation f r contract is awarded as further scri 1 .

Questlon§.��
In order to ensure a fair and objective RFP pr000ss and evaluation, all questions and s
Exhibit 2 167

inquiries related to this RFP shall be addressed in writing to Gustavo Romo, Community Development irector. The deadline for written questions and inquiries is Monday, May 11, 2020. Although currently closed for walk-in service due to the COVID-19 pandemic, City Hall is open via telephone and email Monday through Thursday from 7:30 AM to :0 Communication
The City shall not be responsible for any verbal communication between any employee of the City and any proposing firm. Only written requirements and qualifications will be considered. 0 oral statement of any person shall modify or otherwise change, or affect the terms, conditions, or specifications stated in the resulting contract. All change orders to the contract ill be made in writing by the City Manager.

Reservations
The City reserves the right to accept or reject any or all proposals received as a result of this request, to negotiate with all qualified sources, or to cancel, in part or in its entirety, this Request for Proposal if found in the best interest of the City Reimbursements
All costs incurred in the preparation of a proposal, the submission of additional information, and/or any other aspect of preparing a proposal will be bome by the Consultant.

Certification
Any proposal whichdoes not contain all of the information requested in this RFP will be considered incomplete and may be rejected by the City.
i .

The City operates and is funded on a fiscal year basis. Accordingly, the Cityreserves the right to terminate, without any liability, any contract for which funding is not available. ! i
Negotiations may be conducted with responsible firms who submit proposals that are reasonably susceptible of being selected. All firm(s) reasonably susceptible of beingselected basedon criteria set forth In this RFP maybe given an opportunity to make a presentation and/or interview. Although this process will ultimately result in the award of a single contract, the City reserves the right to negotiate a contract with more than one firm.

Additional Information
During the proposal evaluation rocess, the City reserves the right, where it may serve the ity's best interest, to request additional information or clarifications from roposers. The City also reserves the right to investigate the qualifications of the firm(s) as it deems appropriate.

RFP
Proposers should be aware that the RFP and the contents of the successful proposal will become a part of any subsequent contractual documents that may arise from this RFP. In the case of a discrepancy between the and the fir "s proposal, the contract will supersede.

Exhibit 2 168

All data, documents and other products used rin the lift of the project shall remain in the public domain uponthe projects completion. Similarly, all responses to this RFP shall become the property of the City and will be retained or disposed of in the City's discretion.

Awardthe Contract
Award of the contractit y the City Council at a public meeting.

Exhibit 2 169

GENERAL INFORMATION
The i of Bell Gardens is located within Los Angeles County is a General Law City governed by an elected five-member City Council that appoints the City Manager.

The City participates in the U.S. Department of Housing andUrban Development's (HUD) Community Development Block Grant ( ) program through the County of Los Angeles u ity Development Authority (L ), Under the n County Program, the City would have approximately $636,638 in funding for eligible activitiest the beginningof the 2020-2021 CDBG ProgramYear plus an additional $12,290 of unallocated prior is CDBG funds for a total of$648,928. In addition, the City will have supplemental CD1BG funds of approximately $374,513 from the Coronavirus Aid, Relief n io Security Act. Furthermore, approximately $690,542 in CDBG funds arecurrently allocated to an on- going project for future se in conjunction it the Section 108 Loan Guarantee Program.

The City is seeking the servicesof an experiencedr f ssi n l consulting firm to provide assistance i program implementation an inistr io for t 021 with fur possible one-year extensions (for a total of five years). The assistance to be provided y the consultant is necessary to ensurethe City's proper and timely expenditure o program n s and compliance with other regulatory r requirements, CDBG monies will be utilized to fund the services of the selected firm andthe expenditure of such funds shall adhere to all applicable Federal, State, County/CDA, and local regulations.
8 Exhibit 2 170

ammo im
===:SCOPE O F�SE R�Vl C�ES ��=-
The contracted individual or firm shall provide staffing and other resources as required to assist the City with the preparation of a Section 108 Loan Guarantee Application for the John Anson Ford Park Aquatics Center to complete the following for all approved City CDBG projects:
1 Meet with City representatives to provide status updates on all CDBG projects and issues requiring immediate attention.

2. Prepare and submit to City a quarterly status report of all CDBG projects.

3. Develop time lines for each approved CDBG project, establishing key dates for review, and accomplishment and progress monitoring.

4. Review and maintain files for all CDBG projects.

5. Develop and maintain financial spreadsheets for all CDBG projects, to include eligible reimbursements, amounts expended, reimbursements received, and balances available,

6. Monitor and maintain all financial records relevant to CDBG funded projects and reconcile any records discrepancies.

7. Review monthly reimbursement requisitions to the Community Development Authority prepared by Finance Department for all CDBG projects.

8. Gather and maintain information required for and prepare and submit all required Grantee Performance reports.

9. Perform CDBG project oversight monitoring, to include on-going monitoring and closeout review for all CDBG funded projects.

10. Establish and maintain all operating assignments with CDBG sub-recipients.

11. Conduct Davis-Bacon monitoring and contract compliance for all CDBG funded construction projects.

12. Conduct Section 3 monitoring and compliance for all CDBG funded projects.

13. Prepare all CDBG related submissions, as required by the Department of Housing and Urban Development (HUD) and the County of Los Angeles Community Development Authority (LACDA) (ex. Contract/Subcontract Activity Report, Labor 9 Exhibit 2 171

Standards Report, etc.)

14. Performliaison functions between the Cityn the County of Los Angeles Community to ent Authority.

15. Prepare all CDBG related oc nt , including o s, contracts, agreements, n amendments,

16. Develop, r p r , and submit project amendments, as required, for all CDBG funded projects.

17. Advise City and ensureproper implementation of all CDBG programchanges.

18. Prepare and submit a Planning Summaryn all necessary ocu ent ti for the upcoming ro r year.

19. Conformto the mandatoryregulatory rovisions of the Urban County Program.

20. Be available t City Hall as necessary to complete alI work items.

1. Complete Labor Compliance for individual prod ct s requested,

22. Assist City with the preparation of a Section 108 LoanGuarantee Application for the John Ansonr k Aquatics Center, if necessary.

23. II other CDBG-related works directed by City's Community Development Director.

II work items will be carried t in conjunction withit staff direction, input, and review.
10 Exhibit 2 172

:::�FIO
�PO_�SAL�fOlj�M�Ai A�D CO�NTE�NT �EQU IRE M E�NTS
Requirements
The following instructions describe the form in which proposals must be submitted.

Responses to the followingitems ill be usedfor proposal ovaluation. Proposals which do not contain responses to each of the requirement items will be consideredincomplete y be rejected.

Proposal documents should rovi straightforward, concise description of the fir "s capabilities to satis the requirements f this RFP. Emphasis should be on completeness, clarity of content, and conveyance f the information requested y the City. The requirements stated do not preclude a firm from furnishing additional reports, functions, and costs s deemed appropriate.

Four copies of your response, ) bound, one (1) unbound (1) electronic version ( or USB flash drive) must be submitted no later than a on Thursday, May 1, 2020 to the CityClerk's Office. In addition, the electronic version of the proposal must included in Adobe Acrobat format ritt n to single ® The electronic version of the proposal must be an exact duplicate of the r ism If the r s I includes any comments over and abovethe specific information requested in this , such information should included s a separate appenix and placedt the endof the proposal.

The r 1 must contain the following v ( elements describing how the Consuftant will perform the assignment:

1. Technical
Technical Proposals will contain, at a minimum: ) an executive summary b) e description f the approach to be taken in addressing the scope of work, e} a listing of the specific tasks required to properly perform the services, ) a timeline from inception to completion.
4 Management and Staffing
Describe the management and staffing configuration to be utilizedto complete the scope f work. Resumes of all proposedpersonnel must be included. The proposal oust indicate ill have primary responsibility r this project.

Prior3. Related FirmExperience
Firms or individuals must demonstrate competence n i i to satisfactorily perform the scope of work. A description of the Firm's related wor x ri e s should included.
11 Exhibit 2 173

list of at least three ( recent references, including local government agencies ire a similar service is or has been provided and any private clients, including names and telephone numbers of the firm and the key managers and professionals assigned to the project.

4. Cost and Pricing
Proposals shall include staff hourly rates, plus overhead, travel and any additional project costs proposed. Prices quoted must remain firm for the first year of the contract. Costproposals must be submitted with the proposal and all items must be itemized t il. The total project st shall be expressed "Not t Exceed"
amount for items 1- 1 under the "Scope of Services" section.

In addition, an hourly fee schedule shall be submitted it sal. In the event that the scope ®f work is substantially ifi , the extra costor credit shall be negotiated s n the submitted hourly rates.

Section 108 Loan identified as item number 22 under the "Scope of Services" section, will be an additional service the City will be consideringand a separate projs t cost should be submitted.

5. Additions or Exceptions
single n separate section with the heading "ADDITIONS OR EXCEPT I THE l T" containing plete and detailed description of all of the consultant's exceptions to the provisions and conditions oft e attached City contract.
12 Exhibit 2 174

EVALUATION CRITERIA
The and of this agreement will be made to the most qualified firm/individual whose proposal complies with the prescfibed requirements. The City reserves the right to reject any and all proposals, and to waive any technical errors, irregularities, or discrepancies, if to do so is deemed to serve the best interests of the City. In no event will an award be made until all necessary investigations are made as to the responsibility and qualifications of the firm/individuai(s)to whom it is proposed to make such award.

Proposals will be reviewed and evaluated by Community Development Director and City staff, and ranked based on the following considerations:
• Technical approach to scope of work
• Experience of proposed personnel and the firm in providing CDBG program administration services
• Minority Ownership/Employment as defined by the County of Los Angeles Community Development Authority and HUD
• Cost and pricing and City's agreement with the consultant's proposed revisions to the City contract
In the event that further clarifications or negotiations are required, on-site interviews may be conducted. Participation in these interviews will be at the expense of the individual firms.

The Selection Panel gill be made up of staff members or representatives from the City.

Recommendations will be forwarded to the City Council for final selection and award.

Proposals failing to provide sufficient information and assurances of performance to adequately assess each category of the required services and/or failing to comply with the requirements and conditions of this RFP may not be given further consideration.

Each proposal will be considered along with those of other responding firms, with respect to ability to perform effectively and efficiently those tasks outlined above.

Close coordination with the City is required to assure that all requirements will be met. The City reserves the right to withdraw this RPP at any time without any prior notice. Further, the City makes no representations that any Agreement will be awarded to any Consultant responding to this RPP. The City expressly reserves the right to postpone reviewing the proposals for its own convenience and to reject any and all proposals responding to this RPP without indicating any reasons for such rejection(s).
13 Exhibit 2 175

SAMPLE CONTRACT SERVICES AGREEMENT

CITY OF BELL GARDENS

CONTRACT SERVICES AGREEMENT FOR
[REPLACE THIS LINE WITH DESCRIPTION OF SERVICES]
This Contract Services Agreement ("Agreement") is made and entered into this _ day of ...... 2020, by and between the City of Bell Gardens, a municipal corporation ("City"), and ("Consultant"). The to Consultant includes professionals performing in a consulting capacity, The parties hereto agree as follows:

1.0 SERVICES OF CONSULTANT

1.1 kQp.g of Services. In compliance with all terms and conditions of this Agreement, Consultant shall provide the work and services specified in the "Scope of Services" attached hereto as Exhibit "A"and incorporated herein by this reference. Consultant warrants that all work or services set forth in the Scope of Services will be performed in a competent, professional and satisfactory manner.

1.2 Consul_tant's-Irms—al. The Scope of Services shall include the Consultant's proposal or bid which shall be incorporated herein by this reference as though fully set forth herein. In the event of any inconsistency between the terms of such proposal and this Agreement, the terms of this Agreement shall govern.
13 Comp once wiaw, All work and services rendered hereunder shall be provided in 1L _tLL—
accordance with all ordinances, resolutions, statutes, rules, and regulations of the City and any Federal, State or local governmental agency having jurisdiction.

1.4 Licenses,,Pcrm its E ,,.k rod.Assessments. Consultant shall obtain at its sole cost and expense, such licenses, permits and approvals as may be required by law for the performance of the services required by this Agreement. Consultant shall have the sole obligation to pay for any fees, assessments,taxes, including applicable penalties and interest, which may be imposed by law and arise from or are necessary for the Consultant's performance of the services required by this Agreement; and shall indemnify, defend and hold harmless City against any claim for such fees, assessments, taxes, penalties or interest levied, assessed or imposed against City hereunder.

1.5 Familiaritv with-- --
Work. By executing this Agreement, Consultant warrants that .........---—
Consultant (a) has thoroughly investigated and considered the scope of services to be performed, (b) has carefully considered how the work and services should be performed, and (c) fully understands the facilities, difficulties and restrictions attending performance of the services under this Agreement.

1.6 Additional'S'e'r'v"ice's. City shall have the right at any time during the performance of the services, without invalidating this Agreement, to order extra work beyond that specified in the Scope of Services or make changes by altering, adding to or deducting from said work. No such extra work may be: undertaken unless a written order is first given by the Contract Officer to the Consultant, 14 Exhibit 2 176

incorporating therein any adjustment in (i) the Contract Sum, and/or (ii) the time to perform this Agreement, which said adjustments are subject to the written approval of the Consultant. Any increase in compensation of up to five percent (5%) of the Contract Sum or $25,000, whichever is less, may be approved by the Contract Officer. Any greater increases, taken either separately or cumulatively must be approved by the City Council. It is expressly understood by Consultant, that the provisions of this Section shall not apply to services specifically set forth in the Scope of Services or reasonably conterriplated therein, Consultant hereby acknowledges that it accepts the risk that the services to be provided pursuant to the Scope of Services may be more costly or time consuming than Consultant anticipates and that Consultant shall not be entitled to additional compensation therefor.

L7 Spggi R L uirements. Additional terms and conditions of this Agreement, if any, 1-41M M-1--
which are made a part hereof are set forth in the "Special Requirements" attached hereto as.Exhibit "B" and incorporated herein.by this reference. In the event of a conflict between the provisions of Exhibit 11B"and any other provisions of this Agreement,the provisions of Exhibit ".B"shall govern.

1.8 Environmental Laws. Consultant shall comply with all, applicable environmental laws, ordinances, codes and regulations of Federal, State, and local governments. Consultant shall also comply with all applicable mandatory standards and policies relating to energy efficiency,

2.0 COMPENSATION
2,1 Q.onkaq$,um. For the services tendered pursuant to this Agreement, Consultant shall be compensated in. accordance with the "Schedule of Compensation" attached hereto as Exhibit IVI and incorporated herein by this reference, but not exceeding the maximum contract amount of ......... dollars ("Contract Sum"), except as provided in Section L6. The method of compensation may include: (i) a, lump surn payment upon completion, (ii)payment in accordance with the percentage of completion of the services, (iii)payment for time and materials based upon the Consultanfs rates as specified in the Schedule of Compensation, but not exceeding the Con Tact Sum or (iv) such other methods as may be specified in the Schedule of Compensation, Compensation may include reimbursement for actual and necessary expenditures approved by the Contract Officer in advance if specified in the Schedule of Compensation. '17he Contract Sum shall include the attendance of Consultant at all project meetings reasonably deemed necessary by the City.

Consultant agrees that if Consultant becomes aware of any facts, circumstances, techniques, or events that may or will materially increase or decrease the cost of the work or services or, if Consultant is providing design services, the cost of the project being designed, Consultant shall promptly notify the Contract Officer of said fact, circumstance, technique or event and the estimated increased or decreased cost related thereto and, if Consultant is providing design services, the estimated increased or decreased cost estimate for the project being designed.

2.2 Method-of Payment. Unless some other inethod of payment is specified in the Schedule of Compensation, in any month in which Consultant wishes to receive payment,, no later than the first (I st) working day of such month, Consultant shall submit to the City, in a form approved by the City's Director of Finance, an invoice for services tendered prior to the date of the invoice. Except as provided in Section 7.2, City shall pay Consultant for all expenses stated thereon which are approved by City pursuant to this Agreement generally within thirty (30) days, and no later than forty-five (45) days, from the submission of an invoice in an approved form.

Exhibit 2 177

2.3 Availability...of_fpnds. It is mutually understood between the parties that this Agreement is valid and enforceable only if sufficient funds are made available by the City Council of the City for the purposes of this Agreement. The availability of funding is affected by matters outside the City's control, including other governmental entities. Accordingly, the City has the option to void the whole Agreement or to amend the Agreement to reflect unanticipated reduction in funding for any reason.

3.0 PERFORMANCE SCHEDULE
11 Time of Essence, Time is of the essence in the performance of this Agreement. 12 Schedule of Performance. Consultant shall commence the services pursuant to this Agreement upon receipt of a written. notice to proceed and shall perform all services within the time period(s) established in the "Schedule of Performance" attached hereto as Exhibit "Y', if any, and incorporated herein by this reference. When requested by the Consultant, extensions to the time period(s) specified in the Schedule of Perfonriance may be approved in writing by the Contract Officer but not exceeding one hundred eighty(180)days cumulatively. 33 Force Maeurg. The time period(s) specified in the Schedule of Performance for performance of the services rendered pursuant to this Agreement shall be extended because of any delays due to unforeseeable causes beyond the control and without the fault or negligence of the Consultant, including, but not restricted to, acts of God or of the public enemy, unusually severe weather, fires, earthquakes, floods, epidemics, quarantine restrictions, riots, strikes, freight embargoes, wars, litigation, and/or is of any governmental agency, including the City, if the Consultant shall, within ten (10) days of the commencement of such delay, notify the Contract Officer in writing of the causes of the delay. The Contract Officer shall ascertain the facts and the extent of delay and extend the time for performing the services for the period of the enforced delay when and if, in the judgment of the Contract Officer, such delay is justified. The Contract"Officer's determination shall be final and conclusive upon the parties to this Agreement. In. no event shall Consultant be entitled to recover damages against the City for any delay in the performance of this Agreement, however caused; Consultant's sole remedy being extension of the Agreement pursuant to this Section.

3.4 Term. Unless earlier terminated in accordance with Section 7.4 below, this Agreement shall continue in full force and effect until completion of the services no later than

4.0 COORDINATION OF WORK

4.1 &pKqsentative of Consultant. is hereby designated as being the ---'--"------------------
representative of Consultant authorized to act on its behalf with respect to the work or services specified herein and to make all decisions in connection therewith.

It is expressly understood that the experience, knowledge, capability and reputation of the representative was a substantial inducement for City to enter into this Agreement, Therefore, the representative shall be responsible during the to of this Agreement for directing all activities of Consultant and devoting sufficient time to personally supervise the services hereunder. For purposes of this Agreement, the representative may not be replaced nor may his responsibilities be substantially reduced by Consultant without the express written approval of City. 16 Exhibit 2 178

4.2 Contract Officer. The City's City Manager is hereby designated as the representative of the City authorized to act in its behalf with respect to the work and services and to make all decisions in connection therewith ("Contract Officer"). It shall be the Consultants responsibility to assure that the Contract Officer is kept informed of the progress of the performance of the services and the Consultant shall refer any decisions which must be made by City to the Contract Officer, The City may designate another Contract Officer by providing written notice to Consultant.

4.3 Prohibition Against Subcontract.n g.,,,or....Assignment. The experience, knowledge, I...... ..........i
capability and reputation of Consultant, its principals and employees were a substantial inducement for the City to enter into this Agreement. Therefore, Consultant shall not contract with any other entity to perform in whole or in part the services required hereunder without the express written approval of the City. In addition, neither this Agreement nor any interest herein may be transferred or assigned without the prior written approval of City. Transfers restricted hereunder shall include the transfer to any person or group of persons acting in concert of more than twenty five percent(25%) of the present ownership and/or control of Consultant taking all transfers into account on a cumulative basis. A prohibited transfer or assignment shall be void. No approved transfer shall release the Consultant or any surety of Consultant of any liability hereunder without the express consent of City.

4.4 Independent Contractor. Neither the City nor any of its employees shall have any control over the manner or means by which Consultant, its agents or employees, perform the services required herein, except as otherwise set forth herein. Consultant shall perform all services required herein as an independent contractor of City and shall remain under only such obligations as are consistent with that role. Consultant shall not at any time or in any manner represent that it or any of its agents or employees are agents or employees of City. City shall not in any way or for any purpose become or be deemed to be a partner of Consultant in its business or otherwise or a joint venturer or a member of any joint enterprise with Consultant.

5.0 INSURANCE AND INDEMNIFICATION

5.1 Insurance. Consultant shall procure and maintain, at its sole cost and expense, in a form and content satisfactory to City, during the entire term of this Agreement including any extension thereof, the following policies of insurance:
(a) Commercial General Liabilfty,Insurance. A policy of commercial general ...............-.1.11-
liability insurance using Insurance Services Office "Commercial General Liability"policy form CG 00 01,with an edition date prior to 2004, or the exact equivalent. Coverage for an additional insured shall not be limited to its vicarious liability. Defense costs must be paid in addition to limits. Limits shall be no less than $5,000,000 per occurrence for all covered losses and no less than $5,000,000 general aggregate.
(b) Workers' Cpmpgn A4tion Insurance. A policy of workers' compensation insurance on a state-approved policy form providing statutory benefits as required by law with employer's liability limits no less than$1,000,000 per accident for all covered losses. (c) Automotive Insurance. A policy of comprehensive automobile liability insurance written on a per occurrence basis in an amount not less than $1,000,000 per accident, combined single limit. Said policy shall include coverage for owned, non owned, leased and hired cars.
17 Exhibit 2 179

(d) Professional LiAili or Error and Omissions Insurance. A policy of insurance in an amount not less than per claim with respect to loss arising from the actions of Consultant performing professional services hereunder on behalf of the City.

All of the above policies of insurance shall be primary insurance. The general liability policy shall name the City, its officers, employees and agents ("City Parties") as additional insureds and shall waive all rights of subrogation and contribution it may have against the City and the City's Parties and their respective insurers. All of said policies of insurance shall provide that said insurance may be not cancelled without providing ten (10) days prior written notice by registered mail to the City.- In the event any of said policies of insurance are cancelled or amended, Consultant shall, prior to the cancellation or amendment date, submit new evidence of insurance in conformance with this Section

4.1 to the Contract Officer. No work or services under this Agreement shall commence until Consultant has provided City with Certificates of Insurance or appropriate insurance binders evidencing the above insurance coverages and said Certificates of Insurance or binders are approved by city.

Consultant agrees that the provisions of this Section 4.1 shall not be construed as limiting in any way the extent to which Consultant may be held responsible for the payment of damages to any persons or property resulting from Consultant's activities or the activities of any person or persons for which Consultant is otherwise responsible.

The insurance required by this Agreement shall be satisfactory only if issued by companies qualified to do business in California, rated "A" or better in the most recent edition of Best Rating Guide, The Key Rating Guide or in the Federal Register, and only if they are of a financial category Class VII or better, unless such requirements are waived by the Risk Manager of the City due to unique circumstances.

In the event that the Consultant is authorized to subcontract any portion of the work or services provided pursuant to this Agreement, the contract between the Consultant and such subcontractor shall require the subcontractor to maintain the same policies of insurance that the Consultant is required to maintain pursuant to this Section 4.I

5.2 Indemnification.
(a) Iride_ jqj_Professional Liability. When the law establishes a professional standard of care for ConsultanVs services,to the fullest extent permitted by law, Consultant shall indemnify, defend and hold harmless City and the City's Parties from and against any and all losses, liabilities, damages, costs and expenses, including attorneys' fees and costs to the extent same are caused in whole or in part by any negligent or wrongful act, error or omission of Consultant, its officers, agents, employees of subcontractors (or any entity or individual for which Consultant shall bear legal liability) in the performance of professional services under this Agreement. (b) litidpj ty,fqt.Qtk qLThan Professional Liabilit . Other than in the performance of professional services and to the full extent permitted by law, Consultant shall indernnify, defend and hold harmless City and City's Parties from and against any liability(including liability for claims, suits,actions, losses, expenses or costs of any kind, whether actual, alleged or threatened, including attorneys' fees and costs, court costs,defense costs and expert witness fees), 18 Exhibit 2 180

where the same arise out of, are a consequence of, or are in any way attributable to, in whole or in part, the performance of this Agreement by Consultant or by any individual or entity for which Consultant is legally liable, including but not limited to officers, agents, employees or subcontractors of Consultant,

6.0 RECORDS AND REPORTS

6.1 &2orts. Consultant shall periodically prepare and submit to the Contract Officer such reports concerning the performance of the services required by this agree rnent as the Contract Officer shall require.
62 Records. Consultant shall keep, and require subcontractors to keep, such books and records as shall be necessary to perform the services required by this Agreement and enable the Contract Officer to evaluate the performance of such services. The Contract Officer shall have full and fi-e access to such books and records at all times during normal business hours of City, including the right to inspect, copy, audit and inake records and transcripts from such records. Such records shall be maintained for a period of five(5) years following completion of the services hereunder, and the City shall.have access to such records in the event any audit is required.

6.3 0wnershiI��f_RQgIkMLqqt§. All drawings, specifications, reports, records, documents and other materials prepared by Consultant, its employees, subcontractors and agents in the perfonnance of this Agreement shall be the property of City and shall be delivered to City upon request of the Contract Officer or upon the termination of this Agreement and Consultant shall have no claim for further employment or additional compensation as a result of the exercise by City of its fu ll
rights of ownership of such docunients and materials. Consultant may retain copies of such documents for its own use and Consultant shall have an, unrestricted right to use the concepts embodied dierein.

Any use of such completed documents by City for other projects and/or use of uncompleted documents without specific written authorization by the Consultant will be at, the City's sole risk an,d without liability to Consultant and the City shall indemnify the Consultant. for all damages resulting therefrom.

All subcontractors shall provide for assignment to City of any documents or materials prepared by them, and in the event Consultant fails to secure such assignment, Consultant shall indemnify City for all damages resulting therefrom.

7.0 ENFORCEMENT OF AGREEMENT
71 California Law. This Agreement shall be construed and interpreted both as, to validity and to performance of the parties in accordance with the laws of the State of California. Legal actions concerning any dispute, claim or matter arising out of or in relation to this Agreement shall be instituted in the Superior Court of the County of Los Angeles, State of California, or any other appropriate court in such county, and Consultant agrees to submit to the personal jurisdiction, of such court in the event of such action.

7.2 Retention of Funds. Consultant hereby authorizes City to deduct from any amount payable to Consultant (whether or not arising out of this Agreement) (i) any amounts the payment of which may be in dispute hereunder or which are necessary to compensate City for any losses, costs, liabilities, or damages suffered by City, and (ii) all amounts for which City may be liable to third parties, by reason of Consultant's acts or omissions in performing or failing to perform Consultant's obligation under this Agreement. In the event that any claim is made by a third party, the amount or validity of which is disputed by Consultant, City may withhold, from any payment due, without 19 Exhibit 2 181

liability for interest because of such withholding, an amount sufficient to cover such claim, The failure of City to exercise such right to deduct or to withhold shall not, however, affect the obligations of the Consultant to insure,indemnify, and protect City as elsewhere provided herein.

7.3 Waiver. No delay or omission in the exercise of any right or remedy by a none defaulting party on any default shall impair such right or remedy or be construed as a waiver. A party's consent to or approval of any act by the other party requiring the party's consent or approval shall not be deemed to waive or render unnecessary the other party's consent to or approval of any subsequent act. Any waiver by either party of any default must be in writing and shall not be a waiver of any other default concerning the same or any other provision of this Agreement.

7.4 ..

Termination Prior N)i to._Eratjqp.,o.f.Term. Either party may terminate this Agreement at ..............any time, with or without cause, upon thirty (30) days' written notice to the other party. Upon receipt of any notice of termination, Consultant shall immediately cease all work or services hereunder except such as may be specifically approved by the Contract Officer, Consultant shall be entitled to compensation for the reasonable value of the work product actually produced prior to the effective date of the notice of termination and for any services authorized by the Contract Officer thereafter in accordance with the Schedule of Compensation and City shall be entitled to reimbursement for any compensation paid in excess of the services rendered.

7.5 CompJetio _of Work After Termination for Default of Consultant, If termination is due to the failure of the Consultant to fulfill its obligations under this Agreement, City may, after compliance with the provisions of Section 7.2, take over the work and prosecute the same to completion by contract or otherwise, and the Consultant shall be liable to the extent that the total cost for completion of the services required hereunder exceeds the compensation herein stipulated (provided that the City shall use reasonable efforts to mitigate such damages), and City may withhold any payments to the Consultant for the purpose of set-off or partial payment of the amounts owed the City as previously stated.

7.6 Aq2mey en
1�Fees. If either party to this Agreement is required to initiate or defend or made a party to any action or proceeding in any way connected with this Agreement, the prevailing party in such action or proceeding, in addition to any other relief which may be granted, shall be entitled to reasonable attorneys' fees, whether or not the matter proceeds to judgment, and to all other reasonable costs for investigating such action, taking depositions and discovery, including all other necessary costs the court allows which are incurred in such litigation.

8.0 CITY OFFICERS AND EMPLOYEES: NON-DISCRIMINATION

8.1 Non-liabivily.0 Officers and s
--y lo . No officer ore of the City shall
- y
be personally liable to the Consultant, or any successor in interest, in the event of any default or breach by the City or for any amount which may become due to the Consultant or to its successor, or for breach of any obligation of the terms of this Agreement.

8.2 on Cflict Int
__Pf ----—--erestv. No officer oremployee of the City shall have any financial interest in this Agreement nor shall any such officer or employee participate in any decision relating to the Agreement which affects his financial interest or the financial interest of any corporation, partnership or association in which he is interested, in violation of any State statute or regulation, 20 Exhibit 2 182

formally bound to the provisions of this Agreement, and(iv) the entering into this Agreement does not violate any provision of any other Agreement to which said party is bound.

IN WITNESS WHEREOF, the parties have executed and entered into this Agreement as of the date first written above.

CITY:

CITY OF BELL GARDENS,
a municipal corporation
Alejandra Cortez,Mayor
ATTEST:

Jane Halstead, City Clerk
APPROVED AS TO FORM:

Olivarez Madruga Lemieux O'Neill, LLP
Rick,6-1iv,a-r—ez,,-6ty,Attorney
[NOTE TO STAFF: TWO signatures are required if the Consultant is a corporation, company or partnership. Delete this note in preparing your agreement.]
CONSULTANT:P4ieA401 00*r
[insert company name A"er
a [California corporation]
By: 4^-
Name:

Title: 444416"4M4.44
oer Se awroq1ty
By:

Name: [insert name here]
Title: [insert titleV-5oeejM*V j(e, 'Pre6'4;,64
Address: [insert address] ,57
[insert address] 5 tr,
t
[insert address] k5r_41j
[insert address]
22 Exhibit 2 183

83 Conflict of Interest. Consultant. Consultant warrants that it has not paid or given and will not pay or give any third party any money or other consideration for obtaining this Agreement.

Consultant shall comply with all conflict of interest laws and regulations including, without limitation, City's Conflict of Interest Code which is on file in the City Clerks office. Accordingly, should the City Manager determine that Consultant will. be performing a specialized or general service for the City and there is substantial likelihood that the Consultant's work product will be presented, either written or orally, for the purpose of influencing a governmental decision, the Consultant and its officers, agents or employees, as applicable,shall be subject to the City's Conflict of interest Code. 8A Con Aga vean ir t rist_ I?iscrimination, Consultant covenants that, by and for itself, its ................
executors, assigns, and all persons claiming under or through them, that there shall be no discrimination against or segregation of, any person or group of persons on account of race, color, creed, religion, sex, marital status, national origin, or ancestry in the perform ance of this Agreement.

Consultant shall take affirmative action to insure that applicants are employed and that employees are treated during employment without regard to their race, color, creed, religion, sex, marital status, national origin or ancestry.

9.0 MISCELLANEOUS PROVISIONS

9.1 Notice. Any notice or other communication either party desires or is required to give to the other party or any other person shall be in writing and either served personally or sent by prepaid, first-class mail, in the case of the City, to the City Manager and to the attention of the Contract Officer, City of Bell Gardens, 7100 Garfield Avenue, Bell Gardens, California 90201, and in the case of the Consultant, to the person at the address designated on the execution page of this Agreement, Either party may change its address by notifying the other party of the change of address in writing. Notice shall be deemed communicated at the time personally delivered or in seventy-two (72) hours from the time of mailing if mailed as provided in this Section.
91 The terms of this Agreement shall be construed in accordance with the meaning of the language used and shall not be construed for or against either party by reason of the authorship of this Agreement or any other rule of construction which might otherwise apply.

9.3 hrtegraiJ01n,.Amgqdrqqpt. It is understood that there are no oral agreements between the parties hereto affecting this Agreement and this Agreement supersedes and cancels any and all previous negotiations, agreements and understandings, if any, between the parties, and none shall be used to interpret this Agreement. This Agreement may be amended at any time by an instrument in writing signed by both parties.

9.4 SeverabilLty. Should a portion of this Agreement be declared invalid or unenforceable by a judgment or decree of a court of competent jurisdiction, such invalidity or unenforceability shall not affect any of the remaining portions, of this Agreement which are hereby declared as severable and shall be interpreted to carry out the intent of the parties unless the invalid provision is so material that its invalidity deprives either party of the basic benefit of their bargain or renders this Agreement meaningless.
9,5 Q9 g_4tq.[p r art Authority. The persons executing this Agreeme t on behalf of the p i es hereto warrant that(i)such party is duly organized and existing, (ii) they are duly authorized to execute and deliver this Agreement on behalf of said party, (iii) by so executing this Agreement, such party is 21 Exhibit 2 184

23 Exhibit 2 185

EXHIBIT "A"

SCOPE OF SERVICES
[INSERT CONSULTANT NAME]
Exhibit 2 1$81

EXHIBIT"B"

SPEC REQUIREMENTS
[INSERT CONSULTANT NAME]
o-R-1
Exhibit 2 107- -

EXHIBIT ftclf

SCHEDULE OF COMPENSATION
......................-
[INSERT CONSULTANT NAME]
Exhibit 2 181

EXHIBIT f'Dlt
CE
Exhibit "All

Page 2 ends

Bell Gardens City CouncilJune 27, 2022

Bell Gardens City Council
June 27, 2022