Agenda packet — Bell Gardens City Council, July 11, 2022 (part 1 of 2)

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CITY COUNCIL

REGULAR MEETING
MONDAY, JULY 11, 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

PRESENTATION
• RECOGNITION OF POLICE EXPLORERS
PUBLIC HEARING (Items No. 1)

1. URGENCY ORDINANCE NO. 924-U EXTENDING THE EXISTING 90-DAY INTERIM RENT FREEZE FORAN ADDITIONAL 90 DAYS
An urgency ordinance (924-U) to extend the existing 90-day interim rent freeze adopted on April 25, 2022 (922-U)for an additional 90 days effective immediately, with the ability to extend further.

Recommendation:

It is staff's recommendation that the City Council adopt Urgency Ordinance No. 924-U, thereby 1 extending the existing 90-day interim freeze on residential rent increases subject to state rent control for an additional 90 days effective immediately, with the ability to extend further.

PUBLIC COMMENTS ONAGENDAITEMS ONLY
(Three minutes per person)
PUBLIC PARTICIPATION: Pursuant to Government Code Section 54953, recently amended by AB 361,and given the current health concerns, members of the public can access meetings live at https://www.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. 2-10)
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

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

Recommendation:

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

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 06/14/22, 06/16/22, and 06/21/22.

4. MAY2022 TREASURER'S REPORT
The Treasurer's Report is a list of cash, investment portfolio and restricted bond cash held by the City.

Recommendation:

It is recommended that the City Council receive, approve, and file the May 2022 Treasurer's Report.

5. APPROVAL TO ENTER INTO A CONTRACT SERVICES WITH BLACK & WHITE EMERGENCY VEHICLES, INC.

The Police Department requests approval to enter into a contract with Black and White Emergency Vehicles, Inc. for the installation of emergency and electronics equipment for the two Ford Police Interceptor Utility vehicles that were approved by City Council on October 11, 2021.

Recommendation:

It is staff's recommendation that the City Council:

1. Approve an agreement with Black and White Emergency Vehicles, Inc. for the purchase and installation of emergency and communications equipment for the two previously purchased Ford Police Interceptor Utility vehicles that were approved by City Council on October 11, 2021 (Resolution 2021-85);

2. Adopt a resolution authorizing the City Manager to execute an agreement with Black and White Emergency Vehicles, Inc.

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

CONDUCT OF TELECONFERENCED MEETINGS OF THE CITY COUNCIL AND OTHER

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

In compliance with the modified rules set forth under Government Code Section 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.
3 7. 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 COVI D-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 COVI D-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 (COVI D-19).

8. RESOLUTION DECLARING THE CITY OF BELL GARDENS A CHAMPION AND

DEFENDER OF HEALTH EQUITY AND REPRODUCTIVE FREEDOM FOR ALL AND

AFFIRMING THE RIGHT OF INDIVIDUALS TO MARRYAND LOVE FREELY The Bell Gardens City Council affirms its commitment to the human rights afforded to all women under Roe v. Wade, regardless of socioeconomic, ethnic, racial, cultural, or religious background, age or sexual orientation, and to opposing any laws or regulations that pose a threat to reproductive freedom, reproductive rights, sexual freedom, and/or self-determination. The City Council affirms full abortion rights and reproductive equity in opposition to the Supreme Court overturning Roe v. Wade. The threat to human rights in this country will not end at abortion rights. The City of Bell Gardens also affirms the right of individuals to marry and love freely, as well as the right to contraception.

Recommendation:

It is staff's recommendation that the City Council approve the attached Resolution declaring the City of Bell Gardens a champion and defender of health equity and reproductive freedom for all and affirming the right of individuals to marry and love freely.

9. CONSIDERATION OF CPI ADJUSTMENT REQUEST FOR GREENTECH LANDSCAPE} INC.

On October 28, 2019, City Council awarded a contract to Greentech Landscape, Inc. for citywide landscape maintenance services which includes the landscape maintenance of parkways, median islands and open space, including Bell Gardens Veterans Park; mowing and edging, weeding, sweeping, pruning of shrubs, groundcovers care, fertilizing, litter clean-up and tree trimming for clearance. The contract expires on October 28, 2022 with two optional one year extensions through October 28, 2024. The annual contract cost paid by the City is $111,936 for the scope of services provided. On April 21, 2022, the contractor submitted a request for a CPI increase in the amount of 8%, citing rising costs due to increases in fuel, labor, insurance equipment and materials.

However, staff is recommending a CPI adjustment of 3%, for an increased annual cost of$3,358, which would increase the total annual contract amount from $111,936 to $115,294. Given that the subject contract is silent as to CPI increases, City Council approval is required.

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

Consider approving the attached Resolution allowing a consumer price index (CPI) adjustment of 3% to the City's contract with Greentech Landscape, I nc. for landscape services.

10. CONSIDERATION OF CPI ADJUSTMENT REQUEST FOR WEST COAST ARBORIST, INC.

On October 12, 2020, City Council approved the award of a contract to West Coast Arborists, Inc. (WCA) for citywide tree maintenance services. The contract expires on October 12, 2023, with two optional one-year extensions through October 28, 2025. On May 20, 2022, the contractor submitted a letter requesting consideration of a CPI increase in the amount of 3%, effective January 1, 2023, citing rising costs due to increases in labor and a May 2022 CPI of 7.9%. A 3% CPI adjustment would adjust the contract cost by $8,610 annually, which would increase the total annual contract amount from$287,004 to $295,614. Given that the governing contract is silent as to CPI increases, City Council approval is required.

Recommendation:

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

Consider approving the attached First Amendment and Resolution allowing a consumer price index (CPI) adjustment of 3% to the City's contract with West Coast Arborists, Inc. for citywide tree maintenance services.

DISCUSSION (Items No. 11-13)

11. BANQUET FACILITY USES
Explanation of Banquet Facility Uses in the City of Bell Gardens.

Recommendation:

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

12. 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.

13. DESIGNATION OF VOTING DELEGATE ALTERNATE(S) - LEAGUE OF CALIFORNIA CITIES ANNUAL CONFERENCE & EXPO - SEPTEM BER 7-9, 2022
The League of California Cities Annual Conference is scheduled for September 7-9, 2022. The 5 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. On June 27, 2022 the City Council approved Council Member Lisseth Flores as the voting delegate, and would bring back the item so an alternate(s) could be selected.

Recommendation:

It is staff's recommendation that the City Council designate a voting delegate alternate(s) 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, City Clerk- July 7, 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: Michael B. O'Kelly, City Manager
BY: Gustavo Romo, Community Development Director
SUBJECT: URGENCY ORDINANCE NO. 924-U EXTENDING THE EXISTING 90-DAY INTERIM RENT FREEZE FORAN ADDITIONAL 90 DAYS
DATE: July 11, 2022
RECOMMENDATION:

It is staff's recommendation that the City Council adopt Urgency Ordinance No. 924-U, thereby extending the existing 90-day interim freeze on residential rent increases subject to state rent control for an additional 90 days effective immediately, with the ability to extend further.

BACKGROUND/DISCUSSION:

On April 11, 2022, staff presented an update on the City's Rent Control Ad Hoc Committee and its public outreach efforts to the City Council and requested direction on whether the Council desired to pursue a rent control ordinance.

The City Council gave direction to bring the item back to the Ad Hoc Committee and begin drafting an ordinance.

Due to the urgency of the matter, the City Council also directed staff to prepare an urgency ordinance to temporarily freeze residential rent while the permanent ordinance was being further researched and bring the urgency ordinance to the next regularly scheduled meeting for consideration.

On April 25, 2022, the City Council adopted Urgency Ordinance No. 922-U, which established a 90-day rent freeze on residential rent increases subject to state rent control.

The Ad Hoc Committee met on June 22, 2022, and July 6, 2022, to discuss and provide feedback regarding the permanent rent stabilization and just cause eviction ordinance. A draft ordinance has also been presented to the Legal Aid Foundation of Los Angeles (LAFLA)for review and comment as initially requested by the City Council on April 11, 2022. Comments from LAFLA and final comments from the Ad Hoc Committee are still pending.

Once received, the comments received from LAFLA and the Ad Hoc Committee will be incorporated into a final draft. Staff anticipates returning to the City Council with a draft permanent ordinance for introduction and first reading at the end of July or August. Therefore, an extension of the urgency ordinance is necessary to continue the rent freeze until a permanent ordinance is adopted and allow for the public hearing process.

CONCLUSION:

This urgency ordinance will become effective immediately and sunset on October 9, 2022, unless further extended or upon adoption of the permanent rent stabilization ordinance.

FISCAL IMPACT:

Not applicable.

ATTACHMENTS:
7 Exhibit 1 - Ordinance No. 924-U
Exhibit 2 - Public Hearing Notice
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 ORDINANCE NO. 924-U

AN URGENCY ORDINANCE OF THE CITY COUNCIL OF THE CITY OF BELL GARDENS, CALIFORNIA, EXTENDING THE EXISTING 90-DAY

INTERIM PROHIBITION OF RENT INCREASES ON CERTAIN RESIDENTIAL PROPERTIES FOR AN ADDITIONAL 90 DAYS WITH THE

ABILITY TO EXTEND FURTHER
WHEREAS, the City of Bell Gardens ("City") is a general law city, incorporated under the laws of the State of California;
WHEREAS, pursuant to its police power, the City may enact and enforce laws within its boundaries which promote the public health, morals, safety, or general welfare of the community, and are not in conflict with general laws; WHEREAS, it has come to the City's attention that rents throughout the Los Angeles County area are continuing to rise despite the State's Tenant Protection Act of 2019 as real estate costs rise, which is leading to a decrease in affordability for many and potential homelessness;
WHEREAS, the City Council of the City of Bell Gardens has formed an Ad Hoc Committee to look into rising rent costs and needs additional time to create an ordinance that would address both Tenant and Landlord concerns;
WHEREAS, on April 25, 2022, the City Council adopted Urgency Ordinance No. 922-U, which established a 90-day rent freeze on residential rent increases subject to state rent control while a permanent rent stabilization and just cause evictions ordinance is being prepared;
WHEREAS, Urgency Ordinance No. 922-U became effective immediately upon adoption and is set to expire on July 24, 2022;
WHEREAS, the Ad Hoc Committee met on June 22, 2022, and July 6, 2022, to discuss and provide input regarding a permanent rent stabilization and just cause evictions ordinance;
WHEREAS, this urgency interim ordinance is intended to extend the temporary rent freeze for 90 days for any residential property subject to State rent control and not subject to the Costa-Hawkins Act while the City further considers a permanent rent stabilization and just cause evictions program; and
WHEREAS, failure to adopt this temporary ordinance may subject renters to economic hardship and potential displacement that may lead to homelessness to the detriment of the public health, safety and welfare.

NOW, THEREFORE, THE CITY COUNCIL OF THE CITY OF BELL GARDENS DOES HEREBY ORDAIN AS FOLLOWS:

Exhibit 1 9

Ordinance No. 924-U
SECTION 1. Findings. The recitals above are true and correct and incorporated herein by reference.

SECTION 2. Urgency Ordinance No. 922-U, in its entirety, shall be of no further force or effect and is hereby repealed, replaced and superseded by this Urgency Ordinance No. 924-U.

SECTION 3. Definitions. For the purposes of this interim ordinance, the following definitions shall apply:

A. "Base Rent" means the monthly Rent that was in effect on April 25, 2022.

B. "Covered Rental Unit(s)" means any Rental Unit except for:
a. A dwelling unit which is alienable separate from the title to any other dwelling unit, or which is a subdivided interest in a subdivision, as specified in subdivision (b), (d), or (f) of Section 11004.5 of the Business and Professions Code;
b. A dwelling unit for which a certificate of occupancy was issued after February 1, 1995; or
c. Any other dwelling unit exempt from the Costa-Hawkins Rental Housing Act (California Civil Code Section 1954.52) or any other applicable state or federal law
C. "Just Cause" shall have the same meaning as the future California Civil Code Section 1946.2(b), as amended by Section 2 of the Tenant Protection Act of 2019.

D. "Hearing Officer" means the person designated by the Director to conduct a review hearing under Section 5 of this interim ordinance. The Hearing Officer shall not be the enforcement officer that investigated the matter and/or issued the notice of administrative fine under Section 6 of this interim ordinance that is the subject of the administrative hearing or the immediate supervisor of that enforcement officer.

E. "Housing Services" means all services provided by the Landlord related to the use or occupancy of a Covered rental unit, including but not limited to, insurance, repairs, replacement, maintenance, painting, utilities, heat, water, elevator service, laundry facilities, recreational areas and/or pools, Janitorial service, refuse removal, furnishings, parking, storage, and security services.

F. "Landlord" means an owner, lessor, or sublessor who receives or is entitled to receive Rent of the use and occupancy of any Covered Rental Unit or Rental Unit or portion thereof, and the representative, agent, or successor of such owner, lessor, or sublessor. For purposes of this interim ordinance, a Landlord does not include an individual whose primary residence is the same Covered Rental Unit as the Tenant.
2of7
Exhibit 1 10

Ordinance No. 924-U
G. "Notice of Termination" means a written notice from a Landlord to a Tenant that, in addition to any information required by State or federal law to terminate a residential tenancy, identifies at least one For Cause or No Fault reason that permits the Landlord to terminate the tenancy.

H. "Rent(s)" is the sum of all periodic payments and all nonmonetary consideration demanded or received by a Landlord from a Tenant for the use or occupancy of a Covered Rental Unit, including tenant's access to and use of Housing Services.

Rent includes without limitation, the fair market value of goods accepted, labor performed, or services rendered.

I. "Responsible Person" is a person responsible for, or alleged to be responsible for, a violation of this interim ordinance.

J. "Tenant" means a person entitled, by written or oral agreement, or by sufferance, to the use or occupancy of any Covered Rental Unit or Rental Unit.

K. "Rental Unit(s)" means any dwelling units as defined in California Civil Code section 1940, subsection (c), including joint living and work quarters used or occupied in consideration of payment of Rent. This definition applies to any dwelling space that is actually used for residential purposes, whether or not the residential use is legally permitted, including live-work spaces, mobile homes rented by the owner of a mobile home to a Tenant, and accessory dwelling units.

For purposes of compliance with this interim ordinance, Rental Unit does not mean any dwelling unit in which the Landlord or any member of his/her immediate family occupies one of the dwelling units on the property containing the Rental Unit and it is necessary for the Landlord or any member of his/her immediate family to use either a bathroom or kitchen facility common with the tenant.

SECTION 4. Rent Increases. As of the effective date of this interim ordinance, and until October 9, 2022, no residential Landlord in the City of Bell Gardens may request, receive, or retain Rent for a Covered Rental Unit from an existing Tenant whose tenancy began before or on April 25, 2022. A decrease in Housing Services is considered an increase in Rent. A Tenant may petition for an adjustment in rent based on a decrease in Housing Services under the process set forth in Section 7 of this interim ordinance.

SECTION 5. Evictions. While this Interim Ordinance is in effect, no Landlord shall serve a Notice of Termination or otherwise move to terminate a Tenant's tenancy without Just Cause. This section shall not limit a Landlord's ability to repurpose a property for non-rental uses.

SECTION 6. Exceptions and Exemptions. The following are exempt from this Interim Ordinance:
3of7
Exhibit 1 11

Ordinance No. 924-U
A. Accommodations in motels, hotels, inns, tourist houses, rooming houses, and boarding houses, provided that such accommodations are not occupied by the same tenant for thirty (30) or more days;
B. Commercial units; and
C. Housing accommodation in any hospital, convent, monastery, extended care facility, convalescent home, nonprofit home for the aged, or dormitory operated by an educational institution.

This Interim Ordinance does not regulate the initial Rent at which a unit is offered.

SECTION 7. Enforcement. In any action by a Landlord to recover possession of a Rental Unit, the Tenant may raise as an affirmative defense any violation or noncompliance with the provisions of this Interim Ordinance.

SECTION 8. Petition for Relief.

A. Petition Process. If a Landlord desires to increase the rent for a Covered Rental Unit during the interim freeze period and the Landlord Contends that the limitations on Rent increases in Section 3 will prevent the Landlord from receiving a fair and reasonable return with respect to the operation of the property containing the Covered Rental Unit, the Landlord may file a petition with the Community Development Department by requesting a hearing, which will be heard by a Hearing Office appointed by the Director. The Landlord shall mail a copy of the petition by first class mail, postage prepaid, to all Tenants whose Rents are the subject of the petition within five (5) calendar days after the date the petition is filed. Within ten (10) calendar days after the date the petition is filed, the Landlord shall file a proof of service signed under penalty of perjury stating that a copy of the petition was mailed to all such Tenants. The petition shall include a statement indicating the basis on which the Landlord contends that the limitations of this Interim Ordinance on Rent increases will prevent the Landlord from receiving a fair and reasonable return, together with any evidence that the Landlord wants the Hearing Officer to consider. The Landlord shall bear the burden of proving by a preponderance of the evidence at the hearing that because of the implementation of this interim ordinance, the Landlord is unable to obtain a fair and reasonable return.

B. Hearing Process.
a. A hearing before the Hearing Office shall be set for a date no sooner than fifteen (15) days and no later than sixty (60) days after receipt of the request and proof of service on any request complying with the requirements of this Section 7, unless the Hearing Officer determines that good cause exists for an extension of time. The Hearing Officer shall send written notice to the Landlord and the Tenant of the date, time, and place set for the hearing. 4of7
Exhibit 1 12

Ordinance No. 924-U
Upon receipt, the Landlord shall post such notice in a conspicuous place at the affected property including the Covered Rental Units that are the subject of the petition. Such notice shall be placed on a written instrument that is at least eleven (11) inches in width and seventeen (17) inches in length and shall be placed not less than four(4)feet above ground level in the common area, at the entry or entries to the building or units, or other similar location or locations as necessary to provide Tenants a reasonable opportunity to view the notice and be advised of the hearing. Within five (5) calendar days of receipt of the notice of hearing, the Landlord shall personally deliver a copy of the notice to each Tenant in the affected Covered Rental Units. b. At the hearing the Landlord shall be given the opportunity to testify, call witnesses, and to present evidence concerning the petition. The Hearing Officer shall then hear testimony from the Tenants in the affected Covered Rental Units. The Hearing Office may continue the hearing and request additional information from the Landlord or Tenants prior to issuing a written decision. The Hearing Officer shall have the power to issue orders to keep order and decorum during the hearing. All hearings conducted by the Hearing Officer shall be open to the public.
c. The Hearing Officer may, in his or her discretion, grant a continuance of the hearing date upon a request and a showing of good cause by the Landlord or Tenant. The request must be made in writing and be received by the Hearing Officer at least five (5) business days prior to the hearing date. In the instance of a Landlord's continuance request, the Landlord must personally deliver a copy of the request to the affected Tenant(s). In the instance of a Tenant's continuance request, the Tenant must personally deliver a copy of the request to the Landlord. In no event shall the continuance be longer than fifteen (15) calendar days from the originally scheduled hearing date.
d. The cost of the hearing, including but not limited to a Hearing Officer's fee, shall be borne by the petitioner.

C. Evaluation of Petitions. In In evaluating the petitions from a Landlord or Tenant, the Hearing Officer shall consider all relevant factors that may potentially impact a Landlord's ability to obtain a fair and reasonable return and shall consider the basis for the calculation of any increase in Rent. Relevant factors may include, but are not limited to, changes in costs to the Landlord attributable to increased utility rates, property taxes, insurance, advertising, variable mortgage interest rates, governmental assessments and fees, incidental services, employee costs, normal repair, maintenance, upgrading and addition of amenities or services, rent rolls, financial statements, expert analysis, and relevant studies.

D. Hearing Office Decision. After considering all the testimony and evidence submitted at the hearing, within twenty (20) calendar days after the conclusion of 5of7
Exhibit 1 13

Ordinance No. 924-U
the hearing, the Hearing Officer shall issue a written decision denying, affirming or modifying the petition and shall adopt written findings in support of that decision.

The written decision shall be served by first-class mail, postage prepaid on the Landlord and any Tenants in the affected Covered Rental Unit. The Hearing Officer's decision shall be final.

E. Judicial Review of Hearing Officer Decision. Any person directly aggrieved by an administrative decision of a Hearing Officer pertaining to a Petition for Relief from Interim Ordinance may seek judicial review in the Superior Court pursuant to Government Code Section 53069.4 and/or Code of Civil Procedure Sections 1094.5 and 1094.6.

F. Timing of Petitions and Hearing. Any petition that is timely filed before the expiration of this Interim Ordinance may continue to be adjudicated. Relief may be granted retroactively to the date the petition was filed.

SECTION 9. Inconsistent Provisions. Any provision of the Bell Gardens Municipal Code or appendices thereto that conflicts with the provisions of this Interim Ordinance, to the extent of such conflict and no further, is hereby repealed or modified to the extent necessary to implement the provisions of this Interim Ordinance.

SECTION 10. Severability. If any section, subsection, sentence, clause, or phrase of this Interim Ordinance, or any part thereof, is for any reason held to be invalid or unconstitutional by a decision of any court of competent jurisdiction, such decision shall not affect the validity of the remaining portions of this Interim Ordinance or any part thereof. The City Council hereby declares that it would have passed each section, subsection, subdivision, paragraph, sentence, clause, or phrase thereof, irrespective of the fact that any one or more section, subsection, subdivision, paragraph, sentence, clause, or phrase would be subsequently declared invalid or unconstitutional.

SECTION 11. Sunset Date. This Interim Ordinance shall expire by its own terms after October 9, 2022, unless otherwise extended.

SECTION 12. Compliance with California Environmental Quality Act. The City Council finds that Ordinance No. 924-U is not subject to the California Environmental Quality Act pursuant to Section 15060(c)(2), constituting an activity that will not result in a direct or reasonably foreseeable indirect physical change in the environment, and pursuant to Section 15060(c)(3) constituting an activity that is not a project as defined in Section 15378.

SECTION 13. If any section, subsection, sentence, clause, phrase, or portion of this Ordinance is for any reason held to be invalid or unconstitutional by the decision of any court of competent jurisdiction, such decision shall not affect the validity of the remaining portions of this Ordinance. The City Council hereby declares that it would have adopted this Ordinance, and each section, subsection, subdivision, sentence, clause, phrase, or portion thereof* irrespective of the fact that any one or more sections, 6of7
Exhibit 1 14

Ordinance No. 924-U
subsections, subdivisions, sentences, clauses, phrases, or portions might subsequently be declared invalid or unconstitutional.

SECTION 14. The City Clerk shall certify to the passage and adoption of this Ordinance and shall cause this Ordinance to be published or posted as required by law, which shall take full force and effect immediately for a period of 90 days, which may be extended further.

PASSED, APPROVED, AND ADOPTED this 11t"day of July 2022.

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

Rick Olivarez Vanessa Quiroz
City Attorney Acting City Clerk
7of7
Exhibit 1 15

im m J� ti
Il�l�uiw I
iti�I�IuI IIII� IIII I I I I�ioll I Eium Ell URGENCY ORDINANCE NO. 924-U

AN URGENCY ORDINANCE OF THE CITY OF BELL GARDENS, CALIFORNIA, EXTENDING THE EXISTING 90-DAY INTERIM FREEZE ON RENT INCREASEFOR AN ADDITIONAL 90

DAYS WITH THE ABILITY TO EXTEND THE ORDINANCE FURTHER
NOTICE IS HEREBY GIVEN that the City Council of the City of Bell Gardens will consider the adoption of Urgency Ordinance No. 924-U.

WHEN: Monday, July 11, 2022, at 6:00 p.m.

WHAT: This interim urgency ordinance is intended for the immediate preservation of the public peace, health, and safety, and temporarily imposes an additional 90-day moratorium to prohibit rent increases for certain residential units with the ability to extend further.

If approved, this ordinance will take effect and be in force immediately upon its adoption and will expire 90 days from July 24, 2022, when the prior ordinance will sunset unless extended or replaced by the Bell Gardens City Council with a permanent Residential Rent Regulation Ordinance.

WHERE: This item will be discussed at the regular City Council meeting of the City of Bell via teleconferencing.

INVITATION TO BE HEARD: The public hearing will be held before the City Council of the City of Bell Gardens on Monday, July 11, 2022, at 6:00 p.m. Pursuant to Government Code Section 54953, recently amended by AB 361, and given the current health concerns, members of the public can access meetings live at https://www.belIgardens.org/i-want-to/watch-city-council- meetings. Members of the public may participate via Zoom by clicking on the City Council's Meeting Calendar on the website. (Be sure to download the Zoom app), the meeting ID is: 813 3236 4343 and the Passcode is: 2021. Comments may also be made via the Zoom app by using the "Raise Hand" feature on the Zoom app, when it is your turn to speak the host will unmute you. Live comments may also be made by call-in users on Zoom by dialing (669) 900-9128, when prompted enter the Webinar ID: 813 3236 4343#, followed by Passcode: *2021#. During the public comments press *9, when it is your turn to speak, the user will need to dial *6 to unmute. Comments will not be accepted in the Q and A/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 Exhibit 2 16

for any questions.

Questions may be directed to the Community Development Department at (562) 806-7724.

Jane Halstead
City Clerk
Posted: June 28, 2022
Bell Gardens City Hall
Bell Gardens John Anson Ford Park
Bell Gardens Veterans Park- Ross Hall Auditorium
Bell Gardens Department of Public Works
Exhibit 2 17

CITY OF BELL GARDENS

OFFICE OF THE CITY MANAGER
u
m

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: Vanessa Quiroz,Acting City Clerk
SUBJECT: GENERAL MOTION TO WAIVE FULL READING AND APPROVE ORDINANCES BY TITLE ONLY PURSUANT TO CALIFORNIA GOVERNMENT CODE SECTION 36934 DATE: July 11, 2022
RECOMMENDATION:

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

BACKGROUND/DISCUSSION:

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 18 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: July 11, 2022
RECOMMENDATION:

It is staff's recommendation that the City Council receive and file the warrant registers, wire transfers, and net payrolls dated 06/14/22, 06/16/22, and 06/21/22.

BACKGROUND/DISCUSSION:

The attached warrant registers, wire transfers, and net payrolls are for 06/14/22, 06/16/22 and 06/21/22. 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 06/14/22, 06/16/22 and 06/21/22 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
19 Stephanie Vasquez, Assistant City Attorney for Rick R. Olivarez, City Attorney Manuel Carrillo, Director of Finance and Administrative Services 20 CD (0 Cl) M O Ln le ti 1- CO t0 O O I- LO O Cl) LO U) O O 00 00 Co W M M 00 00 N M 0 CD t0 Cl) 0 LO In N 00 O t� 47 fV - n Cf) N :O N N L6 Lr; r Cl) CD O CD 0) (f M CV) O) Ln r- N M LO (G O CD t0 (.0 to O O1 e- co M "It N r- LO LO IT '-t (0 t0 - O I- O It 00 't O Cl) cn O t0 00 00 Q N d' et Lo tt) O O) CV N 0) O) co m CD .- M O) W CO t0 Cn N `- CD tD N C% M O O � c N N
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CITY OF BELL GARDENS

OFFICE OF THE CITY MANAGER
u
m

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 Lazaro Yarza, Accountant, Finance and Administrative Services SUBJECT: MAY 2022 TREASURER'S REPORT
DATE: July 11, 2022
RECOMMENDATION:

It is recommended that the City Council receive, approve, and file the May 2022 Treasurer's Report.

BACKGROUND/DISCUSSION:

The Treasurer's Report is a list of cash and investments held by the City as of May 31, 2022. Monthly reporting includes cash balances by fund and reconciled bank balances provided by Finance and Administrative Services.

CONCLUSION:

The May 31, 2022, Treasurer's Report has been presented to the City Council with a recommendation to receive, approve and file.

FISCAL IMPACT:

No fiscal impact.

ATTACHMENTS:

Exhibit 1- Treasurer's Report May 2022
APPROVED ELECTRONICALLY BY:

TREASURER'S REPORT FOR

CASH,INVESTMENT PORTFOLIO,

AND RESTRICTED BOND CASH
MAY 31,2022

CITY CASH
A.... UNT INSTITUTION NST TUTION BALANCE RATE
, ..............._.__........................_ _.......---------- , MARKET BANK OF THE WEST $ 20,701,204.87 1.00% COMMON CHECKING BANK OF THE WEST 348,058.20 1.00% PAYROLL BANK OF THE WEST 0.00 1.00%
TOTAL $ 21,049,263.07

CITY INVESTMENT

PERCENT
OF MAT. STATED
ISSUER BOOK VALUE FACE VALUE MARKET VALUE PORTFOLIO DATE RATE LOCAL AGENCY INVESTMENT FUNDS $ 10,469,177.02 $ 10,469,177.02 $ 10,469,177.02 87.76% NIA 0.684% AMERICAN RIVIERA BANK-ESCROW ACCT. 1,459,503.00 1,459,503.00 1,459,503.00 12.240/6 NIA TOTAL $ 11,928,680.02 $ 11,928,680.02 $ 11,928,680.02 100.00% CITY TOTAL CASH AND INVESTMENT $ 32,977,943.09

CASH WITH FISCAL AGENT-US BANK'CORE TRUST SERVICES)RESTRICTED BOND CASH NAME BOOK VALUE FACE VALUE MARKET VALUE RATE ACCOUNT ......... ..._... —
WATER REF.REV.BONDS SERIES 2004 Rev $ 0.00 $ 0.00 $ 0.00 0.000% WATER REF.REV.BONDS SERIES 2004 Int 0.00 0.00 0.00 0.000% WATER REF.REV.BONDS SERIES 2004 Prin 7.03 7.03 7.03 0.000% WATER REF.REV.BONDS SERIES 2004 Res 398,434.86 398,434.86 398,434.86 0.000% LEASE REV REF BONDS SERIES 2015A Res 429,854.09 429,854.09 429,854.09 0.000% LEASE REV REF BONDS SERIES 2015A Rev 0.32 0.32 0.32 0.000% TOTAL $ 828,296.30 $ 828,296.30 $ 828,296.30 Exhibit 1 1 Nf

CITY OF BELL GARDENS

TREASURER'S REPORT FOR

CASH,INVESTMENT PORTFOLIO,

AND RESTRICTED BOND CASH
MAY 31,2022
SUCCESSOR to CDC CASH
ACCOUNT INSTITUTION BALANCE RATE
MARKET BANK OF THE WEST $ 1,392,926.44 1.00% COMMON CHECKING BANK OF THE WEST 1156.58 1.00% TOTAL $ 1,394,083.02
SUCCESSOR to CDC INVESTMENT

PERCENT DAYS
OF TO STATED
............................ ........ ,...�.............................................................. —— ... .m.......,.n..._....w MAT. RATE ISSUER B PORTFOLIO
LOCAL AGENCY INVESTMENT FUNDS $ 731,683.28 $ 731,683.28 $ 731,683.28 100.00% NIA 0.684% TOTAL $ 731,683.28 $ 731,683.28 $ 731,683.28 100.00% TOTAL CASH AND INVESTMENT $ 2,125,766.30
CASH WITH FISCAL AGENT-US BANK(CORPORATE TR SH
ACCOUNT _ F MARKET VALUE RATE
CDC TARR BOND P1 RED AR RES At 6144 $ 406 680.81 $ 400,680.81- $ 400,680.81 CDC TARR BOND P1 RED AR REV AIC 2014 A 11.23 11.23 11.23 0.00% CDC TARR BOND CC RED AR RES AIC 2014 B 615,025.61 615,025.61 615,025.61 0.00% CDC TARR BOND CC RED AR REV AIC 2014 B 0.08 0.08 0.08 0.00% CDC 2ND SUB TARR B CC RES AIC 2014 C 1,110,090.03 1,110,090.03 1,110,090.03 0.00% CDC 2ND SUB TARR B CC REV AIC 2014 C 0.19 0.19 0.19 0.00% TOTAL $ 2,125,807.95 $ 2,125,807.95 $ 2,125,807.95 VA E RATE
ACCOUNT NAME aa.... BOOK VALUE FACE VALUE MARKET VALUE FIN.AUTH.TRB REV AIC 2005 SERIES(A) $ 5.70 $ 5.70 $ 5.70 0.00% FIN.AUTH.TRB RES AIC 2005 SERIES(A)PR 1 193,950.80 193,950.80 193,950.80 0.00% FIN.AUTH.TRB RES AIC 2005 SERIES(A)CC 437,787.21 437,787.21 437,787.21 0.00% TOTAL $ 631,743.71 $ 631,743.71 $ 631,743.71 Exhibit 1 2OM

CITY OF BELL GARDENS

TREASURER'S REPORT FOR

CASH,INVESTMENT PORTFOLIO,

AND RESTRICTED BOND CASH
MAY 31,2022

ACCOUNT ACTIVITY-BY TYPE

CITY CASH
BEGINNING + (-) ENDING
ACCOUNT INSTITUTION BALANCE DEPOSITS WITHDRAWALS BALANCE RATE MARKET BANK OF THE WEST $ 15,315,137.10 $ 8,775,669.64 $ (3,389,601.87) $ 20,701,204.87 1.00% COMMON CHECKING BANK OF THE WEST 268,572.40 2,117,576.32 (2,038,090.52) 348,058.20 1.00% PAYROLL BANK OF THE WEST 0.00 862,060.21 (862,060.21) 0.00 1.00% TOTAL $ 15,583,709.50 $ 11,755,306.17 $ (6,289,752.60) $ 21,049,263.07

CITY INVESTMENT

WITHDRAWALS/
SALES/

MATURITIES
NO
+ CHANGES
BEGINNING DEPOSITS/ WITHIN ENDING STATED ISSUER BALANCE PURCHASES FUNDS BALANCE RATE LOCAL AGENCY INVESTMENT FUNDS $ 10,469,177.02 $ 0.00 $ 0.00 $ 10,469,177.02 0.684% AMERICAN RIVIERA BANK-ESCROW 1,459,508.00 0.00 (5.00) 1,459,503.00 TOTAL $ 11,928,685.02 $ 0.00 $ (5.00) $ 11,928,680.02

CASH WITH FISCAL AGENT-US BANK(CORPORATE TRUST SERVICES)RESTRICTED BOND CASH + ADM.FEES/

INTEREST/ WITHDRAWALS/
BEGINNING DEPOSITS/ SALES/ ENDING
ACCOUNT NAME BALANCE PURCHASES MATURITIES BALANCE RATE WATER REF.REV.BONDS SERIES 2004-Res. $ 0.00 $ 0.00 $ 0.00 $ 0.00 0.000% WATER REF.REV.BONDS SERIES 2004-Int. 0.00 0.00 0.00 0.00 0.010% WATER REF.REV.BONDS SERIES 2004-Pri 7.03 0.00 0.00 7.03 0.000% WATER REF.REV.BONDS SERIES 2004-Rev 398,433.22 1.64 0.00 398,434.86 0,000% LEASE REV REF BONDS SERIES 2015A Res 429,852.32 1.77 0.00 429,854.09 0.000% LEASE REV REF BONDS SERIES 2015A Rev 0.32 0.00 0.00 0.32 0.000% $ 828,292.89 $ 3.41 $ 0.00 $ 828,296.30
Exhibit 1 3N

CITY OF BELL GARDENS

TREASURER'S REPORT FOR

CASH,INVESTMENT PORTFOLIO,

AND RESTRICTED BOND CASH
MAY 31,2022

ACCOUNT ACTIVITY-BY TYPE
SUCCESSOR,,,to CDC,CASH
BEGINNING + (-) ENDING
ACCOUNT INSTITUTION BALANCE DEPOSITS WITHDRAWALS BALANCE RATE MARKET BANK OF THE WEST $ 1,412,086.44 $ 3.00 $ (19,163.00) $ 1,392,926.44 1.00% COMMON CHECKING BANK OF THE WEST 1,156.54, (19,163.00 1,156.58 1.00% $ 1,413, _.6 .-.
�242.98 19,166 04 38,326.00 1,394,08302
+ WITHDRAWALS/
BEGINNING DEPOSITS SALES/ ENDING STATED
ISSUER BA BALANCE
_..BA ANCE RATE
m�
LOCAL AGENCY INVESTMENT FUNDS $ 731,683.28 $ 0.00 $ 0.00 $ 731,683.28 0.684% TOTAL $ 731,683.28 $ 0.00 $ 0.00 $ 731,683.28

CASH WITH FISCAL AGENT-US BANK CORPORATE TRUST SERVICES RESTRICTED BOND CASH + ADM.FEESI

INTEREST/ WITHDRAWALS/
DEPOSITS/ SALES/
BEGINNING PURCHASES/ MATURITIES/ ENDING
__.(._ ) .BALANCE RATE
ACCOUNT NAME BALANCE MARKET GAIN MARKET LOSS) BALANCE CDC TARR BOND P1 RED AR RES A/C 2014 A $ 400,679.16 $ 1.65 $ 0.00 $ 400,680.81 0.00% CDC TARR BOND P1 RED AR REV A/C 2014 A 11.23 0.00 0.00 11.23 0.00% CDC TARR BOND CC RED AR RES A/C 2014 B 615,023.08 2.53 0.00 615,025.61 0.00% CDC TARR BOND CC RED AR REV A/C 2014 B 0.08 0.00 0.00 0.08 0.00% CDC 2ND SUB TARR B CC RES A/C 2014 C 1,110,085.47 4.56 0.00 1,110,090.03 0.00% CDC 2ND SUB TARR B CC REV AIC 2014 C 0.19 0.00 0.00 0.19 0.00% TOTAL $ 2,125,799.21 $ 8.74 $ 0.00 $ 2,125,807.95 1-)
+ ADM.FEESI

INTEREST/ WITHDRAWALS/
DEPOSITS/ SALES/
BEGINNING PURCHASES/ MATURITIES/ ENDING
ACCOUNT NAME BALANCE MARKET GAIN (MARKET LOSS) BALANCE RATE FIN.AUTH.TRB REV FUND 2005 SERIES A $ 5.70 $ 0.00 0.00 $ 5.70 0.00% FIN.AUTH.TRB INT A/C 2005 SERIES A PR 1 193,950.00 0.80 0.00 193,950.80 0.00% FIN.AUTH.TRB RES AIC 2005 SERIES A CC 437,785.41 1.80 0.00 437,787.21 0.00% TOTAL $ 631,741.11 $ 2.60 $ 0.00 $ 631,743.71 In compliance with California Government Code Section 53646,as the City Treasurer of City of Bell Gardens,I hereby certify that sufficient investment liquidity and anticipated revenues are available to meet the City's and Successor to CDC's expenditure requirements for the next six months,and that all investments are in compliance of the City's Statement of Investment s enc vet,,, g n °taooll
Policy. I also certify that this report reflects Government A e investments and all City's and Success y tp �'s b k ba,Y;ar+ es Manuel Carillo Sign:

City Treasurer Date �..� �_ ,. ...................

Exhibit 1 4.0

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: Scott Fairfield, Chief of Police
Paul Camacho, Administrative Lieutenant
SUBJECT: APPROVAL TO ENTER INTO ACONTRACT SERVICES WITH BLACK & WHITE EMERGENCY VEHICLES, INC.

DATE: July 11, 2022
RECOMMENDATION:

It is staff's recommendation that the City Council:

2. Adopt a resolution authorizing the City Manager to execute an agreement with Black and White Emergency Vehicles, Inc.

BACKGROUND/DISCUSSION:

On October 11, 2021, the City Council approved the purchase of two new 2020 Ford Explorer Police Interceptor Utility vehicles for the Police Department's Patrol Division (Resolution No. 2021-85). As stated in that agenda report, the purchase did not include required emergency and communications equipment to include the radio, emergency lights, siren, light controls, window barriers, weapon rack/lock, cargo equipment, Mobile Digital Computer, in-car video system, and miscellaneous components.

Installation of these various components requires technically skilled service personnel given the complexity of the work. These installations require vendors to route numerous pieces of equipment to power sources, while maintaining the original vehicle structure and protecting the factory electrical equipment that is under warranty by the manufacturer. Additionally, these installations have become so complex that limited numbers of companies now specialize in this service. Vehicles can no longer be taken to local electronic shops/facilities for installation of these items. In fact, many of the equipment items to be installed require that the installation facility receive specialized training and obtain certification as an authorized installer from the vehicle manufacturer. In addition to the emergency equipment, these two vehicles will need a Mobile Data Computer (MDC) and radio system and networking equipment as well as video camera equipment.

Pursuant to Bell Gardens Municipal Code Section ("BGMC") 3.04.100(A), the City's formal purchasing procedures may be dispensed when the city council (for purchases of more than $10,000) finds that such supplies or equipment are unique because of their quality, durability, availability, or fitness for a particular use and are available only from one source, or, if available from more than one source, bidding is not likely to result in the lowest price. 47 Black & White Emergency Vehicles, Inc. is the only known installation service company that can provide all the necessary emergency and electronics equipment. Additionally, they are an authorized installer that meets the Ford and Chevrolet manufacturer's warranty specifications for these types of installations. Lastly, utilization of this company is much more efficient for the City given that obtaining services from individual companies, would likely result in a higher cost.

Furthermore, by utilizing Black & White the Police Department will avoid the extended completion dates from other unknown installers and the formal purchasing procedures, which is critical since the Department's vehicle fleet has a shortage of patrol vehicles. The shortage has resulted in the loss of five police vehicles that were involved in traffic accidents and our police officers driving the current police vehicles 24/7. Additionally, some of these vehicles are also removed from the Department's vehicle fleet for repairs and regular maintenance, which affects the day-to-day operations of the Patrol Division.

Hence, using Black and White will expedite the outfitting process of these two police vehicles so that they can be added to the vehicle fleet as soon as possible.

CONCLUSION:

The Police Department requests approval to enter into contract with Black and White Emergency Vehicles, Inc. for the purchase and installation of the listed emergency and communications equipment for the two new 2020 Ford Explorer Police Interceptor Utility police vehicles previously purchased through Folsom Lake Ford.

FISCAL IMPACT:

The total cost for this purchase is estimated to be $41,466.48. Funding for the outfitting of these two vehicles was budgeted in the FY2022-23 budget, 110-4441-3140/Vehicles account.

ATTACHMENTS:

Exhibit 1 - Resolution No. 2022-65
Exhibit 2 -Agreement with Black and White
APPROVED ELECTRONICALLY BY:

A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF BELL

GARDENS, CALIFORNIA, APPROVING A CONTRACT WITH BLACK AND WHITE EMERGENCY VEHICLES, INC. FOR THE PURCHASE

AND INSTALLATION OF EMERGENCY AND COMMUNICATIONS

EQUIPMENT FOR THE TWO PREVIOUSLY PURCHASED FORD

POLICE INTERCEPTOR UTILITY VEHICLES TO BE USED BY THE

POLICE DEPARTMENT
WHEREAS, the Bell Gardens Police Department utilizes marked black and white vehicles for the Police Department to perform patrol operations throughout the City of Bell Gardens; and
WHEREAS, the City Council approved the purchase of two new Ford Police Interceptor Utility vehicles in Resolution No. 2021-85; and WHEREAS, the vehicles require outfitting of emergency, communications, networking equipment, cameras, and graphics; and
WHEREAS, pursuant to Bell Gardens Municipal Code Section ("BGMC")

3.04.100(A), the City's formal purchasing procedures may be dispensed when the city council (for purchases of more than $10,000) finds that such supplies or equipment are unique because of their quality, durability, availability, or fitness for a particular use and are available only from one source, or, if available from more than one source, bidding is not likely to result in the lowest price; and
WHEREAS, Black & White Emergency Vehicles, Inc. is the only known installation service company that can provide all the necessary emergency and electronics equipment. Additionally, they are an authorized installer that meets the Ford and Chevrolet manufacturer's warranty specifications for these types of installations.

Lastly, utilization of this company is much more efficient for the City given that obtaining services from individual companies, would likely result in a higher cost; and WHEREAS, after careful analysis, staff selected Black and White Emergency Vehicles, Inc. for the purchase and installation of the emergency and communications equipment.

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

SECTION 1. The City Council, after consideration of the staff report and presentation, discussion, oral testimony and evidence presented to the City Council, hereby finds that the above recitals are true and correct and incorporate them herein SECTION 2. The City Council approves a Contract with Black and White Exhibit 1 49

Resolution No. 2022-65
Emergency Vehicles, Inc. for the purchase and installation of emergency and communications equipment and authorizes and directs the City Manager to execute the Agreement attached to the Staff Report as Exhibit 2.

SECTION 3. The City Council further authorizes and directs the City Manager and staff to take all actions necessary and appropriate to implement and effectuate the intent of the City Council as set forth in this Resolution.

SECTION 4. The City Clerk shall attest and certify to the passage and adoption of this Resolution and enter it into the book of original resolutions, and it shall become effective immediately upon approval.

PASSED, APPROVED and ADOPTED this 11t" day of July, 2022.

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

Rick Olivarez Vanessa Quiroz
City Attorney Acting City Clerk
2 of 2
Exhibit 1 50

2022

CONTRACT SERVICES AGREEMENT
(Contractor: Black & White Emergency Vehicles)
(Nature of Engagement: Installation of Emergency & Electronics Equipment for Two New Police Vehicles)
THIS CONTRACT SERVICES AGREEMENT (hereinafter, "Agreement") is made and entered into this day of 2022 by and between the CITY OF BELL GARDENS, a municipal corporation (hereinafter, "CITY") and BLACKAND WHITE EMERGENCY VEHICLES (hereinafter, "CONTRACTOR"). For the purposes of this Agreement, CITY and CONTRACTOR may be referred to collectively by the capitalized term "Parties." The capitalized term "Party" may refer to CITY or CONTRACTOR interchangeably.

RECITALS
WHEREAS, CITY is a municipal corporation organized under the laws of the State of California, with power to contract for services necessary to achieve its purpose; and WHEREAS, CITY requires the installation of emergency and communications equipment which will include the radio, emergency lights, siren, light controls, window barriers, weapon rack/lock, cargo equipment, Mobile Digital Computer, in-car video system and miscellaneous components; and
WHEREAS, CITY staff has determined that CONTRACTOR possess the skills, experience and expertise required to competently provide the services and tasks contemplated under this Agreement; and
NOW, THEREFORE, for and in consideration of the mutual covenants and conditions herein contained, CITY and CONTRACTOR agree as follows:

Section 1. Description of the Work.

A. Subject to the terms and conditions of this Agreement, CONTRACTOR agrees to provide CITY with installation of emergency and communications equipment which will include the radio, emergency lights, siren, light controls,window barriers,weapon rack/lock, cargo equipment, Mobile Digital Computer, in-car video system and miscellaneous components. The various tasks and related services to be performed by CONTRACTOR are more specifically described in the Quotes of CONTRACTOR entitled "Black & White Quote Estimate #2025 & 2029" (hereinafter, the "CONTRACTOR QUOTE") dated July 1, 2022, which are attached and incorporated hereto as Exhibits "A". The capitalized term "Work" shall be a collective reference to all the various services and tasks referenced in the Scope of Work. In the event of any conflict or inconsistency between the provisions of the Scope of Work and the provisions of this Agreement to which the Scope of Work is attached, the provisions of this Agreement shall govern and control.

B. CONTRACTOR shall provide all labor, materials, tools, supplies, equipment, services, tasks and incidental and customary work necessary to competently perform and timely complete the Work. CONTRACTOR shall perform the Work in Exhibit 2 51
1 accordance with the terms and conditions of this Agreement and in accordance with such other written or verbal directives as may be issued by CITY.

C. By executing this Agreement, CONTRACTOR warrants that CONTRACTOR: (i) has thoroughly investigated and considered the nature of the work, services and tasks to be performed under this Agreement; (ii) has carefully considered how the Work should be performed; and (iii) fully understands the facilities, difficulties, and restrictions attending performance of the services under this Agreement.

CONTRACTOR warrants that CONTRACTOR has or will investigate any location where the Work is to be performed and is or will be fully acquainted with the conditions there existing, prior to undertaking any service or task requested by CITY in the manner described under this Section. Should the CONTRACTOR discover any latent or unknown conditions which will materially affect the performance of the services hereunder, CONTRACTOR shall immediately inform the CITY of such fact and shall not proceed, except at CONTRACTOR's risk until written instructions are received from the City Representative as defined herein.

D. In the event CONTRACTOR ceases to perform the Work agreed to under this Agreement or otherwise abandons any undertaking contemplated herein prior to completion and acceptance of the Work, CONTRACTOR shall deliver to CITY immediately and without delay, all materials, records and other work product prepared or obtained by CONTRACTOR in the performance of this Agreement.

Furthermore, CONTRACTOR shall only be compensated for the reasonable value of the services, tasks and other work performed up to the time of cessation or abandonment, less a deduction for any damages, costs or additional expenses which CITY may incur as a result of CONTRACTOR's cessation or abandonment.

Section 2. Prosecution of Work.

A. Time is of the essence for this Agreement and each and every provision contained herein. The Work shall be commenced within three (3) calendar days of CITY's issuance of a written notice to proceed ("Notice to Proceed"). The Work shall be completed within four (4) weeks from the CITY's issuance of the Notice to Proceed (hereinafter, the "Completion Date").

B. CONTRACTOR shall perform the Work continuously and with due diligence so as to complete the Work by the Completion Date. CONTRACTOR shall cooperate with CITY and in no manner interfere with the Work of CITY, its employees or other consultants, contractors or agents.

C. CONTRACTOR may submit a written request for additional time to complete the Work, which request must be submitted to the CITY no later than fifteen (15) calendar days prior to the Completion Date or any extended Completion Date granted by CITY. The written request for additional time must identify (i) what specific tasks or services remain to be completed by CONTRACTOR in order to complete the Work; (ii) how much additional time CONTRACTOR requires; (iii) identification of the circumstances that have caused the need for additional time, according to CONTRACTOR, including, if applicable, identification of any tasks that must be completed by CITY as prerequisite to CONTRACTOR being able to complete any other service or task; and (iv) what proactive steps CONTRACTOR Exhibit 2 5�

has taken up to the date of the request to mitigate the need for additional time, including, if applicable, any effort on the part of CONTRACTOR to alert CITY of the need to provide information or complete certain tasks to be performed by CITY.

CITY in its sole and absolute discretion may grant, deny or conditionally grant a request for additional time, provided that no individual grant of additional time may exceed a maximum of fifteen (15) calendar days.

D. CONTRACTOR shall not claim or be entitled to receive any compensation or damage because of the failure of CONTRACTOR, or its subconsultants, to have related services or tasks completed in a timely manner.

E. CONTRACTOR shall at all times enforce strict discipline and good order among CONTRACTOR's employees.

F. CONTRACTOR, at its sole expense, shall pay all sales, consumer, use or other similar taxes required by law.

Section 3. [Reserved — No Text]
Section 4. Compensation.

G. CONTRACTOR shall perform all the Work in accordance with the rates set forth in the CONTRACTOR QUOTE.

H. CONTRACTOR's total compensation during the Term of this Agreement shall not exceed the aggregate sum of FORTY-ONE THOUSAND FOUR HUNDRED SIXTY- SIX DOLLARS FORTY-EIGHT CENTS ($41,466.48) (hereinafter, the "Aggregate Not-to-Exceed Sum"). CONTRACTOR further agrees that the Aggregate Not-to- Exceed Sum is inclusive of compensation for all labor, materials, tools, supplies, equipment, services, tasks and incidental and customary work necessary to competently perform and timely complete the Work. CONTRACTOR shall have no right or entitlement to any overage contingency sums authorized by the City Council as part of the approval of this Agreement, unless the City Representative authorizes the expenditure of such overage contingency funds in writing in the City Representative's sole and absolute discretion.

I. Following the conclusion of Work requested pursuant to Section 1, above, CONTRACTOR shall submit to CITY an itemized invoice indicating the services and tasks performed. If the amount of CONTRACTOR's compensation includes hours worked by CONTRACTOR's personnel, the invoice shall indicate the number of hours worked in connection with the specific service or task requested, the persons responsible for performing the Work, the rate of compensation at which such services and tasks were performed, the subtotal for each task and service performed and a grand total for all services performed. Within thirty (30) calendar days of receipt of each invoice, CITY shall notify CONTRACTOR in writing of any disputed amounts included in the invoice. Within forty-five (45) calendar days of receipt of each invoice, CITY shall pay all undisputed amounts included on the invoice. CITY shall not withhold applicable taxes or other authorized deductions from payments made to CONTRACTOR.

Exhibit 2 93

Section 5. Standard of Care. CONTRACTOR represents, acknowledges and agrees as follows:

A. CONTRACTOR shall perform all work skillfully, competently and to the highest standards applicable to the CONTRACTOR's field; B. CONTRACTOR represents and maintains that it is skilled in the professional calling necessary to perform the Work;
C. CONTRACTOR shall perform all work in a manner reasonably satisfactory to the CITY;
D. CONTRACTOR shall comply with all applicable federal, state and local laws and regulations, including the conflict of interest provisions of Government Code Section 1090 and the Political Reform Act (Government Code Section 81000 et seq.). CONTRACTOR's compliance with applicable laws will include, without limitation, compliance with all applicable Cal/OSHA requirements and applicable regulations of the Federal Department of Housing and Urbanization; E. CONTRACTOR understands the nature and scope of the Work to be performed under this Agreement as well as any and all schedules of performance; F. All of CONTRACTOR's employees and agents (including but not limited to CONTRACTOR's subcontractors and subconsultants) possess sufficient skill, knowledge, training and experience to perform those services and tasks contemplated under this Agreement;
G. All of CONTRACTOR's employees and agents (including but not limited to CONTRACTOR's subcontractors and subconsultants) possess all licenses, permits, certificates, qualifications and approvals of whatever nature that are legally required to perform the tasks and services contemplated under this Agreement and all such licenses, permits, certificates, qualifications and approvals shall be maintained throughout the term of this Agreement; and
H. CONTRACTOR shall at all times employ such force, plant, materials, and tools as will be sufficient in the opinion of the CITY to perform the Services within the time limits established, and as provided herein. It is understood and agreed that said tools, equipment, apparatus, facilities, labor, and material shall be furnished and said Services performed and completed as required by the Agreement, and subject to the approval of the CITY's authorized representative. The quality of Services shall meet or exceed those standards established by the CITY or the City or County of jurisdiction.

The Parties acknowledge and agree that CONTRACTOR shall perform, at CONTRACTOR's own cost and expense and without any reimbursement from CITY, any services or tasks necessary to correct any errors or omissions caused by CONTRACTOR's failure to comply with the standard of care set forth under this Section or by any like failure on the part of CONTRACTOR's employees, agents, contractors, subcontractors and subconsultants. Such effort by CONTRACTOR to correct any errors or omissions shall be commenced immediately upon their discovery by either Party and Exhibit 2 6�

shall be completed within seven (7) calendars days from the date of discovery or such other extended period of time authorized by the City Representative in writing and absolute discretion. The Parties acknowledge and agree that CONTRACTOR's acceptance of any work performed by CONTRACTOR or on CONTRACTOR's behalf shall not constitute a release of any deficiency or delay in performance. The Parties further acknowledge, understand and agree that CONTRACTOR has relied upon the foregoing representations of CONTRACTOR, including but not limited to the representation that CONTRACTOR possesses the skills, training, knowledge and experience necessary to perform the Work in a skillful and competent manner equivalent to, the standard of performance generally recognized as being employed by professionals performing the same type of work and services in the State of California.

Section 6. Representatives.

A. City Representative. For the purposes of this Agreement, the contract administrator and CITY's representative shall be Lieutenant Paul Camacho (hereinafter, the "City Representative"). It shall be CONTRACTOR's responsibility to assure that the City Representative is kept informed of the progress of the performance of the services, and CONTRACTOR shall refer any decisions which must be made by CITY to the City Representative. Unless otherwise specified herein, any approval of CITY required hereunder shall mean the approval of the City Representative.

B. Contractor Representative. For the purposes of this Agreement, John Patino, is hereby designated as the principal and representative of CONTRACTOR authorized to act on its behalf with respect to CONTRACTOR's performance under this Agreement and to make all decisions in connection therewith (the "Contractor Representative"). Notice to the Contractor Representative whether written or verbal shall constitute notice to CONTRACTOR. The Contractor's Representative shall supervise and direct the Services, using her best skill and attention, and shall be responsible for all means, methods, techniques, sequences, and procedures and for the satisfactory coordination of all portions of the Services under this Agreement.

Section 7. Contractor's Personnel
A. CONTRACTOR represents that it has, or will secure at its own expense, all personnel required to perform the Work and all other services and tasks necessary for CONTRACTOR to competently and timely complete the improvements contemplated under this Agreement. All work, services and tasks will be performed under CONTRACTOR's supervision, and CONTRACTOR's personnel engaged in the performance of the work, services and tasks contemplated under this Agreement shall possess the qualifications, permits and licenses required by applicable law to perform such work, services and tasks.

B. CONTRACTOR shall obtain at its sole cost and expense such licenses, permits, and approvals as may be required by law for the performance of the Work.

CONTRACTOR shall have the sole obligation to pay for any fees, assessments and taxes, plus applicable penalties and interest, which may be imposed by law and arise from or are necessary for the CONTRACTOR's performance of the 5 Exhibit 2 55

Work, and shall indemnify, defend and hold harmless CITY against any such fees, assessments, taxes, penalties, or interest levied, assessed, or imposed against CITY hereunder.

C. CONTRACTOR shall be solely responsible for the satisfactory work performance of all personnel engaged in performing the Work.

D. In the event that CITY, in its sole reasonable discretion, at any time during the term of this Agreement, desires the removal of any person or persons assigned by CONTRACTOR to perform services pursuant to this Agreement, CONTRACTOR shall remove any such person immediately upon receiving notice from CITY of the desire of CITY for the removal of such person or persons.

E. CONTRACTOR shall be responsible for payment of all employees' and subconsultants' wages and benefits and shall comply with all requirements pertaining to employer's liability, workers' compensation, unemployment insurance, and Social Security.

F. CONTRACTOR shall obtain and maintain during the Agreement term all necessary licenses, permits and certificates required by law for the performance of the Work contemplated under this Agreement.

Section 8. Substitution of Key Personnel. CONTRACTOR has represented to CITY that certain key personnel will perform and coordinate the Services under this Agreement.

Should one or more of such personnel become unavailable, CONTRACTOR may substitute other personnel of at least equal competence upon written approval of CITY. In the event that CITY and CONTRACTOR cannot agree as to the substitution of key personnel, CITY shall be entitled to terminate this Agreement for cause. As discussed below, any personnel who fail or refuse to perform the Services in a manner acceptable to the CITY, or who are determined by the CITY to be uncooperative, incompetent, a threat to the adequate or timely completion of the Project or a threat to the safety of persons or property, shall be promptly removed from the Project by the CONTRACTOR at the request of the CITY.

Section 9. [Reserved — No Text]
Section 10. Prevailing Wages and General Labor Compliance and Reporting.

A. CONTRACTOR and any subcontractor performing or contracting any portion of the Work shall comply with all applicable provisions of the California Labor Code for all workers, laborers and mechanics of all crafts, classifications or types, including, but necessarily limited to the following-

1. In accordance with California Labor Code Section 1810, eight (8) hours of labor in performance of the Work shall constitute a legal day's work under this Contract. CONTRACTOR and any subcontractor shall pay workers overtime pay (not less than 1 1/2 times the base rate of pay) as required by California Labor Code Section 1815. CONTRACTOR and any subcontractor shall, as a penalty to the CITY, forfeit twenty-five dollars ($25) for each worker employed in the execution of the contract by the respective contractor or subcontractor Exhibit 2 5%

for each calendar day during which the worker is required or permitted to work more than 8 hours in any one calendar day and 40 hours in any one calendar week in violation to the provisions of Article 3 of Chapter 1 of Part 7, Division 2 of the California Labor Code, which is incorporated by this reference as though fully set forth herein.

2. Pursuant to the provisions of California Labor Code, Sections 1770 et. seq., CONTRACTOR and any subcontractor under CONTRACTOR shall pay not less than the prevailing rate of per diem wages as determined by the Director of the California Department of Industrial Relations. Pursuant to the provisions of California Labor Code Section 1773.2, CONTRACTOR is hereby advised that copies of the prevailing rate of per diem wages and a general prevailing rate for holidays, Saturdays and Sundays and overtime work in the locality in which the work is to be performed for each craft, classification, or type of worker required to execute the Contract, are on file in the office of the District Secretary, which copies shall be made available to any interested party on request.

CONTRACTOR shall post a copy of said prevailing rate of per diem wages at each job site.

B. As required by Section 1773.1 of the California Labor Code, CONTRACTOR shall pay travel and subsistence payments to each worker needed to execute the work, as such travel and subsistence payments are defined in the applicable collective bargaining agreements filed in accordance with this Section.

C. To establish such travel and subsistence payments, the representative of any craft, classification, or type of workman needed to execute the contracts shall file with the Department of Industrial Relations fully executed copies of collective bargaining agreements for the particular craft, classification or type of work involved. Such agreements shall be filed within ten (10) days after their execution and thereafter shall establish such travel and payments.

D. CONTRACTOR shall comply with the provisions of Section 1775 of the California Labor Code and shall, as a penalty to CITY, forfeit up to fifty dollars ($50) for each calendar day, or portion thereof, for each worker paid less than the prevailing rate of per diem wages for each craft, classification, or type of worker needed to execute the contract. CONTRACTOR shall pay each worker an amount equal to the difference between the prevailing wage rates and the amount paid worker for each calendar day or portion thereof for which a worker was paid less than the prevailing wage rate. CONTRACTOR is required to pay all applicable penalties and back wages in the event of violation of prevailing wage law, and CONTRACTOR and any subcontractor shall fully comply with California Labor Code Section 1775, which is incorporated by this reference as though fully set forth herein.

E. CONTRACTOR and any subcontractor shall maintain and make available for inspection payroll records as required by Labor Code Section 1776, which is incorporated by this reference as though fully set forth herein. CONTRACTOR is responsible for ensuring compliance with Labor Code Section 1776 and shall keep accurate payroll records containing all such information as maybe called for under Labor Code Section 1776 and other applicable provisions of State law.

Exhibit 2 57

F. CONTRACTOR and any subcontractors shall, when they employ any person in any apprenticeable craft or trade, apply to the joint apprenticeship committee administering the apprenticeship standards of the craft or trade in the area of the work site for a certificate approving CONTRACTOR or subcontractor under the apprenticeship standards for the employment and training of apprentices in the area or industry affected; and shall comply with all other requirements of Section 1777.5 of the California Labor Code, which is incorporated by this reference as though fully set forth herein. The responsibility of compliance with California Labor Code Section 1777.5 during the performance of this contract rests with CONTRACTOR. Pursuant to California Labor Code Section 1777.7, in the event CONTRACTOR willfully fails to comply with the provisions of California Labor Code Section 1777.5, CONTRACTOR shall be denied the right to bid on any public works contract for up to three (3)years from the date noncompliance is determined and be assessed civil penalties.

G. In accordance with the provisions of Article 5, Chapter 1, Part 7, Division 2 (commencing with Section 1860), and Chapter 4, Part 1, Division 4 (commencing with Section 3700) of the California Labor Code, CONTRACTOR is required to secure the payment of compensation to its employees and for that purpose obtain and keep in effect adequate Workers' Compensation Insurance and Employers Liability Insurance. If CONTRACTOR, in the sole discretion of the CITY satisfies the CITY of the responsibility and capacity under the applicable Workers' Compensation Laws, if any, to act as self-insurer, CONTRACTOR may so act, and in such case, the insurance required by this paragraph need not be provided. CONTRACTOR is advised of the provisions of Section 3700 of the California Labor Code, which requires every employer to be insured against liability for Workers' Compensation or to undertake self-insurance in accordance with the provisions of that Code and shall comply with such provisions and have Employer's General Liability limits of $1,000,000 per accident before commencing the performance of the Work of this Contract. The Notice to Proceed with the Work under this Contract will not be issued, and CONTRACTOR shall not commence the Work, until CONTRACTOR submits written evidence that it has obtained full Workers' Compensation Insurance coverage for all persons whom it employs or may employ in carrying out the Work under this Contract. This insurance shall be in accordance with the requirements of the most current and applicable state Workers' Compensation Insurance Laws. In accordance with the provisions of Section 1861 of the California Labor Code, CONTRACTOR in signing this Contract certifies to the CITY as true the following statement: "I am aware of the provisions of Section 3700 of the Labor Code which requires every employer to be insured against liability for Workers' Compensation or to undertake self-insurance in accordance with the provisions of that Code, and I will comply with such provisions before commencing the performance of the work of this contract." A subcontractor is not allowed to commence Work on the project until verification of Workers' Compensation Insurance coverage has been obtained and verified by CONTRACTOR and submitted to the City Engineer for the CITY's review and records.

H. In accordance with the provisions of Section 1727 of the California Labor Code, the CITY, before making payment to CONTRACTOR of money due under a 8 Exhibit 2 58

contract for public works, shall withhold and retain therefrom all wages and penalties which have been forfeited pursuant to any stipulation in the contract, and the terms of Chapter 1, Part 7, Division 2 of the California Labor Code (commencing with Section 1720). But no sum shall be withheld, retained or forfeited, except from the final payment, without a full investigation by either the Division of Labor Standards Enforcement or by the CITY.

Section 11. Prohibited Interests. CONTRACTOR warrants, represents and maintains that it has not employed nor retained any company or person, other than a bona fide employee working solely for Consultant, to solicit or secure this Agreement. Further, CONTRACTOR warrants and represents that it has not paid nor has it agreed to pay any company or person, other than a bona fide employee working solely for CONTRACTOR, any fee, commission, percentage, brokerage fee, gift or other consideration contingent upon or resulting from the award or making of this Agreement. For breach or violation of this warranty, CITY shall have the absolute and unfettered right to rescind this Agreement without liability or penalty. For the term of this Agreement, no member, officer or employee of CITY, during the term of his or her service with CITY, shall have any direct interest in this Agreement, or obtain any present or anticipated material benefit arising therefrom.

Section 12. Independent Contractor.

A. All acts of CONTRACTOR, its agents, officers, subcontractors and employees and all others acting on behalf of CONTRACTOR relating to the performance of this Agreement, shall be performed as independent contractors and not as agents, officers, or employees of CITY. CONTRACTOR, by virtue of this Agreement, has no authority to bind or incur any obligation on behalf of CITY. CONTRACTOR has no authority or responsibility to exercise any rights or power vested in CITY. No agent, officer, or employee of CITY is to be considered an employee of CONTRACTOR. It is understood by both CONTRACTOR and CITY that this Agreement shall not, under any circumstances, be construed or considered to create an employer-employee relationship or a joint venture.

B. CONTRACTOR, its agents, officers, subcontractors and employees are and, at all times during the term of this Agreement, shall represent and conduct themselves as independent contractors and not as employees of CITY.

C. CONTRACTOR shall determine the method, details and means of performing the Work. CONTRACTOR shall be responsible to CITY only for the requirements and results specified in this Agreement and, except as expressly provided in this Agreement, shall not be subjected to CITY's control with respect to the physical action or activities of the CONTRACTOR in fulfillment of this Agreement.

CONTRACTOR has control over the manner and means of performing the services under this Agreement. CONTRACTOR is permitted to provide services to others during the same period as it provides services to CITY under this Agreement. If necessary, CONTRACTOR has the responsibility for employing other persons or firms to assist CONTRACTOR in fulfilling the terms and obligations under this Agreement.

D. If in the performance of this Agreement any third persons are employed by 9 Exhibit 2 59

CONTRACTOR, such persons shall be entirely and exclusively under the direction, supervision, and control of CONTRACTOR. All terms of employment including hours, wages, working conditions, discipline, hiring, and discharging or any other term of employment or requirement of law shall be determined by the CONTRACTOR.

E. It is understood and agreed that as an independent contractor and not an employee of CITY neither the CONTRACTOR nor CONTRACTOR'S assigned personnel shall have any entitlement as a CITY employee, right to act on behalf of CITY in any capacity whatsoever as an agent, or to bind CITY to any obligation whatsoever.

F. As an independent contractor, CONTRACTOR hereby indemnifies and holds CITY harmless from any and all claims that may be made against CITY based upon any contention by any third party that an employer-employee relationship exists by reason of this Agreement.

Section 13. Conflicts of Interest. CONTRACTOR hereby warrants for itself, its employees, and subcontractors that those persons presently have no interest and shall not obtain any interest, direct or indirect, which would conflict in any manner with the performance of the services contemplated by this Agreement. No person having such conflicting interest shall be employed by or associated with CONTRACTOR in connection with this project. CONTRACTOR hereby warrants for itself, its employees, and subcontractors that no such person shall engage in any conduct which would constitute a conflict of interest under any CITY ordinance, state law or federal statute. CONTRACTOR agrees that a clause substantially similar to this Section shall be incorporated into any sub-contract that CONTRACTOR executes in connection with the performance of this Agreement.

Section 14. Non-Discrimination. During the performance of this Agreement, CONTRACTOR and its subcontractors shall not unlawfully discriminate against any employee or applicant for employment because of race, religion, color, national origin, ancestry, physical handicap, medical condition, marital status, age (over 40) or set.

CONTRACTOR and subcontractors shall ensure that the evaluation and treatment of their employees and applicants for employment are free of such discrimination.

CONTRACTOR and subcontractors shall comply with the provisions of the Fair Employment and Housing Act (Gov. Code, Section 12990 et seq.) and the applicable regulations promulgated hereunder (California Code of Regulations, Title 2, Section 7285.0 et seq.). The applicable regulations of the Fair Employment and Housing Commission implementing Government Code, Section 12990, set forth in Chapter 5 of Division 4 of Title 2 of the California Code of Regulations are incorporated into this Contract by reference and made a part hereof as if set forth in full. CONTRACTOR and its subcontractors shall give written notice of their obligations under this clause to labor organizations with which they have a collective bargaining or other agreement. This CONTRACTOR shall include the nondiscrimination and compliance provisions of this clause in all subcontracts to perform work under this Agreement.

Section. 15. Indemnification.

A. To the fullest extent permitted by law, CONTRACTOR hereby agrees, at its sole 10 Exhibit 2 60

cost and expense, to defend, protect, indemnify, and hold harmless CITY and CITY's elected and appointed officials, officers, attorneys, agents, employees, volunteers, successors, and assigns (collectively "Indemnitees") from and against any and all damages, costs, expenses, liabilities, claims, demands, causes of action, proceedings, expenses, judgments, penalties, liens, and losses of any nature whatsoever, including fees of accountants, attorneys, or other professionals and all costs associated therewith (collectively "Liabilities"), arising or claimed to arise, directly or indirectly, out of, in connection with, resulting from, or related to any act, failure to act, error, or omission of CONTRACTOR or any of CONTRACTOR's officers, agents, servants, employees, subcontractors, materialmen, suppliers or their officers, agents, servants or employees, arising or claimed to arise, directly or indirectly, out of, in connection with, resulting from, or related to this Agreement and the performance or failure to perform any term, provision, covenant, or condition of the Agreement, including this indemnity provision. This indemnity provision is effective regardless of any prior, concurrent, or subsequent active or passive negligence by CONTRACTOR and shall operate to fully indemnify Indemnitees against any such negligence. This indemnity provision shall survive the termination of the Agreement and is in addition to any other rights or remedies which Indemnitees may have under the law or elsewhere under this Agreement. Payment is not required as a condition precedent to an Indemnitee's right to recover under this indemnity provision, and an entry of judgment against any one or more of the Indemnitees shall be conclusive in favor of the Indemnitees' right to recover under this indemnity provision. CONTRACTOR shall pay Indemnitees for any attorney's fees and costs incurred in enforcing this indemnification provision. Notwithstanding the foregoing, nothing in this instrument shall be construed to encompass (a) Indemnitees' sole negligence or willful misconduct to the limited extent that the underlying Agreement is subject to Civil Code § 2782(a), or (b) the contracting public agency's active negligence to the limited extent that the underlying Agreement is subject to Civil Code § 2782(b).

This indemnity is effective without reference to the existence or applicability of any insurance coverage(s)which may have been required under the Agreement or any additional insured endorsements which may extend to Indemnitees. Accountants, attorneys, or other professionals employed by Indemnitor to defend Indemnitees shall be selected by Indemnitees. CONTRACTOR, on behalf of itself and all parties claiming under or through it, hereby waives all rights of subrogation and contribution against the Indemnitees, while acting within the scope of their duties, from all claims, losses and liabilities arising out of or incident to activities or operations performed by or on behalf of the Indemnitor regardless of any prior, concurrent, or subsequent active or passive negligence by the Indemnitees.

B. CONTRACTOR's obligations under this or any other provision of this Agreement will not be limited by the provisions of any workers compensation act or similar act.

CONTRACTOR expressly waives its statutory immunity under such statutes or laws as to the Indemnities.

C. CONTRACTOR agrees to obtain executed indemnity agreements with provisions identical to those in this Section from each and every subcontractor or any other person or entity involved by, for, with or on behalf of CONTRACTOR in the performance of this Agreement. In the event CONTRACTOR fails to obtain such 11 Exhibit 2 61

indemnity obligations for the benefit of CITY, CONTRACTOR agrees to be fully responsible and indemnify, hold harmless and defend CITY, its officers, agents, employees and volunteers from and against any and all claims and losses, costs or expenses for any damage due to death or injury to any person and injury to any property resulting from any alleged, intentional, reckless, negligent or otherwise wrongful acts, errors or omissions of CONTRACTOR or any of its officers, employees, servants, agents, subcontractors, volunteers or any other person or entity involved by, for, with or on behalf of CONTRACTOR in the performance of this Agreement. Such costs and expenses shall include reasonable attorneys' fees incurred by counsel of CITY's choice.

D. CITY does not, and shall not; waive any rights that it may possess against CONTRACTOR because of the acceptance by CITY, or the deposit with CITY, of any insurance policy or certificate required pursuant to this Agreement. This hold harmless and indemnification provision shall apply regardless of whether or not any insurance policies are determined to be applicable to the claim, demand, damage, liability, loss, cost or expense. CONTRACTOR agrees that CONTRACTOR's covenant under this Section shall survive the termination of this Agreement.

E. CONTRACTOR shall fully comply with the workers' compensation laws regarding CONTRACTOR and CONTRACTOR's employees. CONTRACTOR further agrees to indemnify and hold CITY harmless from any failure of CONTRACTOR to comply with applicable workers' compensation laws. CITY shall have the right to offset against the amount of any fees due to CONTRACTOR under this Agreement any amount due to CITY from CONTRACTOR as a result of CONTRACTOR's failure to promptly pay to CITY any reimbursement or indemnification arising under this Section.

Section 16. Insurance.

A. CONTRACTOR shall at all times during the term of this Agreement carry, maintain, and keep in full force and effect, insurance as follows-

1. Commercial General Liability Insurance with minimum limits of One Million Dollars ($1 000,000)for each occurrence and in the aggregate for any personal injury, death, loss or damage.

2. Automobile Liability Insurance for any owned, non-owned or hired vehicle used in connection with the performance of this Agreement with minimum limits of One Million Dollars ($1,000,000) per accident for bodily injury and property damage.

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

B. CONTRACTOR shall require each of its sub-consultants or sub-contractors to maintain insurance coverage that meets all of the requirements of this Agreement.

C. The policies required by this Agreement shall be issued by an insurer admitted in the State of California and with a rating of at least A:VII in the latest edition of Best's Insurance Guide.

Exhibit 2 6�21

D. CONTRACTOR agrees that if it does not keep the insurance required in this Agreement in full force and effect, CITY may either immediately terminate this Agreement or, if insurance is available at a reasonable cost, CITY may take out the necessary insurance and pay, at CONTRACTOR'S expense, the premium thereon.

E. Prior to commencement of work under this Agreement, CONTRACTOR shall file with CITY's Risk Manager a certificate or certificates of insurance showing that the insurance policies are in effect and satisfy the required amounts and specifications required pursuant to this Agreement.

F. CONTRACTOR shall provide proof that policies of insurance expiring during the term of this Agreement have been renewed or replaced with other policies providing at least the same coverage. Such proof will be furnished at least two weeks prior to the expiration of the coverages.

G. The general liability and automobile policies of insurance shall contain an endorsement naming CITY, its elected officials, officers, agents, employees, attorneys, servants, volunteers, successors and assigns as additional insureds. All of the policies shall contain an endorsement providing that the policies cannot be canceled or reduced except on thirty (30) days' prior written notice to CITY.

CONTRACTOR agrees to require its insurer to modify the certificates of insurance to delete any exculpatory wording stating that failure of the insurer to mail written notice of cancellation imposes no obligation, and to delete the word "endeavor" with regard to any notice provisions.

H. All policies of Commercial General Liability and Automobile Liability insurance shall be primary and any other insurance, deductible, or self-insurance maintained by the CITY, its officials, officers, employees, agents, or volunteers shall not contribute with this primary insurance. Policies shall contain or be endorsed to contain such provisions.

I. All insurance coverage provided pursuant to this Agreement shall not prohibit CONTRACTOR, and CONTRACTOR's employees, agents, subcontractors, or volunteers from waiving the right of subrogation prior to a loss. CONTRACTOR hereby waives all rights of subrogation against CITY, its officials, officers, employees, agents and volunteers.

J. Any deductibles or self-insured retentions must be approved by CITY. At the option of CITY, CONTRACTOR shall either reduce or eliminate the deductibles or self- insured retentions with respect to CITY, or CONTRACTOR shall procure a bond guaranteeing payment of losses and expenses.

K. If CONTRACTOR is a Limited Liability Company, general liability coverage must be amended so that the Limited Liability Company and its managers, affiliates, employees, agents, and other persons necessary or incidental to its operation are insureds.

L. Procurement of insurance by CONTRACTOR shall not be construed as a limitation 13 Exhibit 2 63

of CONTRACTOR's liability or as full performance of CONTRACTOR's duties to indemnify, hold harmless and defend under Section 15 of this Agreement.

M. In the event any policy of insurance required under this Agreement does not comply with these specifications or is canceled and not replaced immediately so as to avoid a lapse in the required coverage, CITY has the right but not the duty to obtain the insurance it deems necessary and any premium paid by CITY will be promptly reimbursed by CONTRACTOR or CITY will withhold amounts sufficient to pay premium from Consultant payments. In the alternative, CITY may cancel this Agreement effective upon notice.

N. CITY reserves the right to modify these requirements, including limits, based on the nature of the risk, prior experience, insurer, coverage, or other special circumstances.

Section 17. Records and Inspection. CONTRACTOR shall keep, and require subcontractors to keep, such books and records as shall be necessary to document the performance of the Work and enable the CITY to evaluate the performance of the Work.

The Contract Officer shall have full and free access to such books and records at all times during normal business hours of CITY, including the right to inspect, copy, audit, and make records and transcripts from such records. Such records shall be maintained for a period of four (4) years following completion of the services hereunder, and the CITY shall have access to such records in the event any audit is required.

Section 18. Termination.

A. Termination for Convenience. CITY may immediately terminate this Agreement for convenience, without cause and without penalty or liability at any time upon the issuance of written notice to CONTRACTOR specifying the effective date of such termination. Such termination for convenience shall be made in writing signed by either the City Representative, the City Manager or the Assistant City Manager.

CONTRACTOR may only terminate this Agreement for cause.

B. Termination for Cause. In the event either Party fails to perform any duty, obligation, service or task set forth under this Agreement (or fails to timely perform or properly perform any such duty, obligation, service or task set forth under this Agreement), an event of default (hereinafter, "Event of Default") shall occur. For all Events of Default, the Party alleging an Event of Default shall give written notice to the defaulting Party (hereinafter referred to as a "Default Notice") which shall specify: (i) the nature of the Event of Default; (ii)the action required to cure the Event of Default; (iii) a date by which the Event of Default shall be cured, which shall not be less than the applicable cure period set forth in this Section or if a cure is not reasonably possible within the applicable cure period, to begin such cure and diligently prosecute such cure to completion. The Event of Default shall constitute a breach of this Agreement if the defaulting Party fails to cure the Event of Default within the applicable cure period or any extended cure period allowed under this Agreement.

An Event of Default shall include, but shall not be limited to the following: (i) CONTRACTOR's failure to fulfill or perform its obligations under this Agreement within the specified time or if no time is specified, within a reasonable time; (ii) CONTRACTOR's and/or its employees' disregard or violation Exhibit 2 di

of any federal, state, local law, rule, procedure or regulation; (iii) the initiation of proceedings under any bankruptcy, insolvency, receivership, reorganization, or similar legislation as relates to CONTRACTOR, whether voluntary of involuntary; (iv) CONTRACTOR's refusal or failure to perform or observe any covenant, condition, obligation or provision of this Agreement; and/or (v) CITY's discovery that a statement representation or warranty by CONTRACTOR relating to this Agreement is false or erroneous in any material respect, including any statement, representation or warranty set forth in the Equipment Specifications.

1. CONTRACTOR shall cure the following Event of Defaults within the following time periods:
i. Within three (3) business days of CITY's issuance of a Default Notice for any failure of CONTRACTOR to timely provide CITY or CITY's employees or agents with any information and/or written reports, documentation or work product which CONTRACTOR is obligated to provide to CITY or CITY's employees or agents under this Agreement.

Prior to the expiration of the 3-day cure period, CONTRACTOR may submit a written request for additional time to cure the Event of Default upon a showing that CONTRACTOR has commenced efforts to cure the Event of Default and that the Event of Default cannot be reasonably cured within the 3-day cure period. The foregoing notwithstanding, CITY shall be under no obligation to grant additional time for the cure of an Event of Default under this subsection that exceeds seven (7) calendar days from the end of the initial 3-day cure period; or
i. Within thirty (30) calendar days of CITY's issuance of a Default Notice for any other Event of Default under this Agreement. Prior to the expiration of the 30-day cure period, CONTRACTOR may submit a written request for additional time to cure the Event of Default upon a showing that CONTRACTOR has commenced efforts to cure the Event of Default and that the Event of Default cannot be reasonably cured within the 30-day cure period. The foregoing notwithstanding, CITY shall be under no obligation to grant additional time for the cure of an Event of Default under this subsection that exceeds thirty (30) calendar days from the end of the initial 30-day cure period.

If an Event of Default relates to a material falsehood or misrepresentation set forth in Exhibit "A" that is not susceptible to a cure, CITY in its sole and absolute discretion may elect to treat the falsehood or misrepresentation as a breach of this Agreement or waive the falsehood or misrepresentation. The foregoing notwithstanding, the prior waiver of a falsehood or misrepresentation as an Event of Default shall not operate as a waiver or any other falsehood or misrepresentation later discovered by CITY.

2. Except as otherwise specified in this Agreement, CITY shall cure any Event of Default asserted by CONTRACTOR within thirty (30) calendar days of CONTRACTOR's issuance of a Default Notice, unless the Event of Default cannot reasonably be cured within the 30-day cure period. Prior to the expiration of the 30-day cure period, CITY may submit a written request for Exhibit 2 65 15

additional time to cure the Event of Default upon a showing that CITY has commenced its efforts to cure the Event of Default and that the Event of Default cannot be reasonably cured within the 30-day cure period. The foregoing notwithstanding, an Event of Default dealing with CITY's failure to timely pay any undisputed sums to CONTRACTOR shall be cured by CITY within five (5) calendar days from the date of CONTRACTOR's Default Notice to CITY.

3. CITY, in its sole and absolute discretion, may also immediately suspend CONTRACTOR's performance under this Agreement (or the performance of any specific task or function performed by CONTRACTOR under this Agreement) pending CONTRACTOR's cure of any Event of Default by giving CONTRACTOR written notice of CITY's intent to suspend CONTRACTOR's performance (hereinafter, a "Suspension Notice"). CITY may issue the Suspension Notice at any time upon the occurrence of an Event of Default.

Upon such suspension, CONTRACTOR shall be compensated only for those services and tasks which have been rendered by CONTRACTOR to the reasonable satisfaction of CITY up to the effective date of the suspension. No actual or asserted breach of this Agreement on the part of CITY shall operate to prohibit or otherwise restrict CITY's ability to suspend this Agreement as provided herein.

4. No waiver of any Event of Default or breach under this Agreement shall constitute a waiver of any other or subsequent Event of Default or breach. No waiver, benefit, privilege, or service voluntarily given or performed by a Party shall give the other Party any contractual rights by custom, estoppel, or otherwise.

5. The duties and obligations imposed under this Agreement and the rights and remedies available hereunder shall be in addition to and not a limitation of any duties, obligations, rights and remedies otherwise imposed or available by law.

In addition to any other remedies available to CITY at law or under this Agreement in the event of any breach of this Agreement, CITY, in its sole and absolute discretion, may also pursue any one or more of the following remedies:
i. Upon written notice to CONTRACTOR, the CITY may immediately terminate this Agreement in whole or in part;
L Upon written notice to CONTRACTOR, the CITY may extend the time of performance;
L The CITY may proceed by appropriate court action to enforce the terms of the Agreement to recover damages for CONTRACTOR's breach of the Agreement or to terminate the Agreement; or
iv. The CITY may exercise any other available and lawful right or remedy.

CONTRACTOR shall be liable for all legal fees plus other costs and expenses that CITY incurs upon a breach of this Agreement or in the CITY's exercise of its remedies under this Agreement.
16 Exhibit 2 66

6. In the event CITY is in breach of this Agreement, CONTRACTOR's sole remedy shall be the suspension or termination of this Agreement and/or the recovery of any unpaid sums lawfully owed to CONTRACTOR under this Agreement for completed services and tasks. In no event shall CONTRACTOR be entitled to receive more than the amount that would be paid to CONTRACTOR for the full performance of the services required by this Agreement.

7. No waiver of any default or breach under this Agreement shall constitute a waiver of any other default or breach, whether of the same or other covenant, warranty, agreement, term, condition, duty or requirement contained in this Agreement. No waiver, benefit, privilege, or service voluntarily given or performed by a Party shall give the other Party any contractual rights by custom, estoppel, or otherwise.

Section 19. Force Majeure. The Completion Date shall be extended in the event of any delays due to unforeseeable causes beyond the control of CONTRACTOR and without the fault or negligence of CONTRACTOR, including but not limited to severe weather, fires, earthquakes, floods, epidemics, quarantine restrictions, riots, strikes, freight embargoes, wars, litigation, and/or acts of any governmental agency, including the CITY, if the CONTRACTOR shall within three (3) calendar days of the commencement of such delay notify the City Representative in writing of the causes of the delay. The City Representative shall ascertain the facts and the extent of delay, and extend the time for performing the services for the period of the enforced delay when and if in the judgment of the City Representative such delay is justified. The City Representative's determination shall be final and conclusive upon the parties to this Agreement. In no event shall CONTRACTOR be entitled to recover damages against the CITY for any delay in the performance of this Agreement, however caused, CONTRACTOR'S sole remedy being extension of the Agreement pursuant to this Section.

Section 20. Notices. Any notices, bills, invoices, or reports required by this Agreement shall be deemed received on: (a) the day of delivery if delivered by hand or overnight courier service during CONTRACTOR's and CITY's regular business hours; or (b) on the third business day following deposit in the United States mail, postage prepaid, to the addresses heretofore below, or to such other addresses as the parties may, from time to time, designate in writing.

If to CITY: If to CONTRACTOR:

City of Bell Gardens Black and White Emergency 7100 S. Garfield Ave. Vehicles
Bell Gardens, CA 90201 590 South Vincent Avenue Attn: Lieutenant Paul Camacho Azusa, CA 91702
Attn: John Patino
With a courtesy copy to: Phone: (626) 334-6300 Rick Olivarez,
Olivarez Madruga Law Organization, LLP
500 S. Grand Ave. Floor 12
17 Exhibit 2 67

Los Angeles, CA 90071
Telephone: (213)744-0099
Facsimile: (213)744-0093
Section 21. Prohibition. CONTRACTOR shall not delegate, transfer, subcontract or assign its duties or rights hereunder, either in whole or in part, without CITY's prior written consent, and any attempt to do so shall be void and of no effect. CITY shall not be obligated or liable under this Agreement to any party other than CONTRACTOR.

Section 22. Attorney Fees. In the event that CITY or CONTRACTOR commences any legal action or proceeding to enforce or interpret the provisions of this Agreement, the prevailing party shall be entitled to recover its costs of suit, including reasonable attorney's fees.

This instrument contains the entire Agreement between CITY and CONTRACTOR with respect to the subject matter herein. No other prior oral or written agreements are binding on the parties. Any modification of this Agreement will be effective only if it is in writing and executed by both CITY and CONTRACTOR.

Section 24. Governing Law; Jurisdiction. This Agreement shall be interpreted and governed according to the laws of the State of California. In the event of litigation between the Parties, venue, without exception, shall be in the Los Angeles County Superior Court of the State of California. If, and only if, applicable law requires that all or part of any such litigation be tried exclusively in federal court, venue, without exception, shall be in the Central District of California located in the City of Los Angeles, California.

Section 25. Severability. Wherever possible, each provision of this Agreement shall be interpreted in such a manner as to be valid under applicable law. If any provision of this Agreement is determined by a court of competent jurisdiction to be invalid, void or unenforceable, the remaining provisions shall nevertheless continue in full force and effect.

Section 26. Captions. The captions used in this Agreement are solely for reference and the convenience of the parties. The captions are not a part of the Agreement, in no way bind, limit, or describe the scope or intent of any provision, and shall have no effect upon the construction or interpretation of any provision herein.

Section 27. Execution. This Agreement may be executed in any number of counterparts, each of which shall be deemed an original, but all of which when taken together shall constitute one and the same instrument.
[SIGNATURES ON FOLLOWING PAGE]
Exhibit 2 68

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

CITY OF Bell Gardens, a municipal BLACK & WHITE EMERGENCY corporation VEHICLES
By: By:

Michael B. O'Kelly
City Manager Name:

Date: Title-
Date-
APPROVED AS TO FORM:

By:

Rick Olivarez
City Attorney
Date:

Exhibit 2 68

EXHIBIT "A"

CONTRACTOR QUOTE
Exhibit 2 18

II
I e WHITE Quote
590 South Vincent Avenue
Azusa, CA 91702 Date Estimate#
7/1/2022 2025
Name/Address Ship To
Bell Gardens Police Department Bell Gardens Police Department 7100 Garfield Ave. 7100 Garfield Ave.

Bell Gardens, CA 90201 Bell Gardens, CA 90201
Customer Terms
2022 Patrol Build Net 30
Item Description FQtY
Rate Total
MATRIXPROMO Matrix Dual Color Lightbar Package.Includes a Dual 1 3,200.00 3,200.00T Color Lightbar,Z3 Matrix Siren,and Two I OOW
Speakers.
42-3PRBA-CM Citadell Matrix PIU,Red/Blue/Amber 1 1,175.78 1,175.78T ' BK21021TU20 PB450L Push Bumper with 4 Code3 MR6 Lights,2020 1 990.42 990.42T Ford PIU
FK0400ITU20 PB5 Fender Wraps Aluminum 1 445.56 445.56T HBI2PAK-PI-DC-RB DIR, 12 LED,HIDE-A-BLAST,TWIST LOCK,R/B 2 95.47 190.94T ULTMC-RB 12 LED,Mega ThinTM surface mount,multicolor, 12-24 2 70.95 141.90T volt,Red/Blue
CC-UV20-L-18 2020 PI Utility 18"L Shape Console,8"Slope, 10"level 1 427.52 427.52T AC-INBHG Troy 4"Internal Dual Cup Holder 1 45.72 45.72T AC-ARMMNT58-LP Low Profile Arm Rest,Pedestal insert,5x8 Foam Arm 1 151.90 151.90T Rest.(3 Parts)
TP-E-SL6-US-SS Troy Stash N Stow Cage with Sliding Center Window 1 790.67 790.67T W/Square Punched Mesh Guard
KP-UV20-DAP-SS 2020 PI Utility 3pc.Kick Panel w/Foot Pockets Use with 1 170.54 170.54T Big Boy Mount
SAB-20-FDUV-BB 2020 PI Utility Big-Boy Partition Mounting Kit 1 0.00 O.00T PS-20-UVFX-OS-RI, Plastic Seat with OS Belts,Rear Partition Polycarbonate 1 1,789.78 1,789.78T Window,with Fire Extinguisher Compartment
AC-20-UV-SET 2020 PI Utility Driver/Passenger Side Set of l 193.80 193.80T Diamond-Punched Window Screens
CP-UV20-CARGO 2020 PI Utility Tilt-Up Cargo Mount w/Gas Shocks 1 690.61 690.61T AC-20-UV-TRAY 2020 PI Utility Electronics Tray Bolts to 1 227.07 227.07T CP-UV20-CARGO
WIRE&TERMINALS Wire,Terminals,Tie-Wraps,&Hardware 1 125.00 125.00T Quotes are subject to change and are Valid for 30 Days Subtotal Sales Tax (10.25%)
Signature Total
590 S.Vincent Ave,Azusa,CA 91702
Office(626)334-6300 Fax(626)344-6301
JP(a BLACKANDWHITEEV.CO*WiVW.BLACKANDWHITEEV.COM
Exhibit 2 71

HITE Quote
590 South Vincent Avenue
e Azusa, CA 91702 Date Estimate#
7/l/2022 2025
Name 1 Address Ship To
Bell Gardens Police Department Bell Gardens Police Department 7100 Garfield Ave. 7100 Garfield Ave.

Bell Gardens, CA 90201 Bell Gardens, CA 90201
Customer Terms
2022 Patrol Build Net 30
Item Description Qty Rate Total
FULL,BUILD Installation of all Emergency Equipment into 2022 Police 1 3,680.00 3,680.00T Vehicle and Customer provide Two Way Radio and
Computer.

MMSU-1 Magnetic Mic Single Unit 2 32.00 64.00T AC-DUALUSB Dual USB Plug for Troy Face Plates 1 16.15 16.15T CM-SDMT-SL-CF30 Console Side Computer Mount w/Sliding Arm for 1 527.73 527.73T Panasonic CF31
Ch27.1.20/L3 27 Circuits W/Modular Smart Start Timer and L3 bracket 1 725.00 725.00T for Ford Utility with 20ft long Output Wires,
W6BR Wildcat Hide-a-Blast W600 Vertical Flange Mount,9ft 2 87.46 174.92T' Blue/Red
C3RNRDC-60L-BWRW 60"Running Board,Left Wire Exit,DC,BWRW 1 364.08 364.08T C3RNRDC-60R-BWRW 60"Running Board,Right Wire Exit,DC,BWRW 1 364.08 364.08T RNRBKT-P1U Running Board Light Bracket 2 24.61 49.22T CP-GB203212-TL UV Gun Box,Half Size 1 1,220.701 1,220.70T 475-2001 Gun Rack-Dual Weapon,Partition Mounted,Vertical 1 468.19 468.19T (GR3-AR BLM-870-XTRD-VP3/8/9)
475-0023 Gun Rack-Single Weapon,Trunk Mounted 1 394.38 394.38T (GR4-AR-BLM-UTM)
Quotes are subject to change and are Valid for 30 Days Subtotal $18,805.66 Sales Tax (10.25%) $1,927.58
Signature Total $20,733.24
590 S.Vincent Ave,Azusa,CA 91702
Office (626)334-6300 Fax(626)344-6301
JPna.BLACKANDWHITEE V.0 OIRaWWW.BLACKANDWHITEEV.COM
Exhibit 2 72

H ITC Quote
590 South Vincent Avenue ��--
Azusa, CA 91702 Date Estimate#
II
7/1/2022 2029
Name/Address Ship To
Bell Gardens Police Department Bell Gardens Police Department 7100 Garfield Ave. 7100 Garfield Ave.

Bell Gardens, CA 90201 Bell Gardens, CA 90201
Customer Terms
2022 Patrol Build Net 30
Item Description Qty Rate Total
MATRIXPROMO Matrix Dual Color Lightbar Package.Includes a Dual 1 3,200.00 3,200.00T Color Lightbar,Z3 Matrix Siren.and Two I OOW
Speakers.
42-3PRBA-CM Citadell Matrix PIU,Red/Slue/Amber 1 I,175.78 1,175.78T BK2102ITU20 PB450L Push Bumper with 4 Code3 MR6 Lights.2020 1 990.42 990.42T Ford PIU
FK04001TU20 PB5 Fender Wraps Aluminum 1 445.56 445.56T HB I 2PAK-PI-DC-RB DIR, 12 LED,HIDE-A-BLAST.TWIST LOCK,R/B 2 95.47 190.94T ULTMC-RB 12 LED,Mega ThinTM surface mount,multicolor, 12-24 2 70.95 141.90T volt,Red/Blue
CC-UV20-L-18 2020 PI Utility 18"L Shape Console,8" Slope, 10"level 1 427.52 427.52T AC-INBHG Troy 4"Internal Dual Cup Holder 1 45.72 45.72T AC-ARMMNT58-LP Low Profile Ann Rest,Pedestal insert,5x8 Foam Arm 1 151.90 151.90T Rest.(3 Parts)
TP-E-SL6-US-SS Troy Stash N Stow Cage with Sliding Center Window 1 790.67 790.67T W/Square Punched Mesh Guard
KP-UV20-DAP-SS 2020 PI Utility 3pc.Kick Panel w/Foot Pockets Use with I 170.54 170.54T Big Boy Mount
SAB-20-FDUV-BB 2020 PI Utility Big-Boy Partition Mounting Kit 1 0.00 O.00T PS-20-UVFX-OS-RL Plastic Seat with OS Belts, Rear Partition Polycarbonate 1 1,789.78 1,789.78T Window,with Fire Extinguisher Compartment
AC-20-UV-SET 2020 PI Utility Driver/Passenger Side Set of 1 193.80 193.80T Diamond-Punched Window Screens
CP-UV20-CARGO 2020 Pi Utility Tilt-Up Cargo Mount w/Gas Shocks 1 690.61 690.61T AC-20-UV-TRAY 2020 PI Utility Electronics Tray Bolts to 1 227.07 227.07T CP-UV20-CARGO
WIRE&TERMINALS Wire,Terminals,Tie-Wraps,&Hardware 1 125.00 125.00T Quotes are subject to change and are Valid for 30 Days Subtotal Sales Tax (10.25%)
Signature Total
590 S.Vincent Ave,Azusa, CA 91702
Office(626)334-6300 Fax(626)344-6301
JP(a BLACKANDWHITEEV.COIRWiVW.BLACKANDWHITEEV.COM
Exhibit 2 73

wHITE Quote
590 South Vincent Avenue
Azusa, CA 91702 Date Estimate#
7/1/2022 2029
Name/Address Ship To
Bell Gardens Police Department Bell Gardens Police Department 7100 Garfield Ave. 71.00 Garfield Ave.

Bell Gardens, CA 90201 Bell Gardens, CA 90201
Customer Terms
2022 Patrol Build Net 30
Item Description Qty Rate Total
FULL,BUILD Installation of all Emergency Equipment into 2022 Police 1 1680.00 - 3,680.00T Vehicle and Customer provide Two Way Radio and
Computer.

W6BR Wildcat Hide-a-Blast W600 Vertical Flange Mount,911: 2 87.46 174.92T Blue/Red
C3RNRDC-60L-BWRW 60"Running Board,Left Wire Exit,DC, BWRW 1 364.08 364.08T C3RNRDC-60R-BWRW 60"Running Board,Right Wire Exit,DC,BWRW 1 364.08 364.08T RNRBKT-PIU Running Board Light Bracket 2 24.61 49.22T CP-GB203212-TL UV Gun Box,Half Size 1 1,220.70 1,220.70T 475-2001 Gun Rack-Dual Weapon,Partition Mounted,Vertical 1 468.19 468.19T (GR3-AR BLM-870-X7-RD-VP3/8/9)
475-0023 Gun Rack-Single Weapon,Trunk Mounted 1 394.38 394.38T (GR4-AR-BLM-UTM)
Quotes are subject to change and are Valid for 30 Days Subtotal $18,805.66 Sales Tax (10.25%) $L927.58
Signature _ Total $20,733.24
590 S.Vincent Ave,Azusa,CA 91702
Office(626)334-6300 Fax(626)344-6301
JP&,BLACKANDWHITEEV.CO?RaWWW.BLACKANDWHITEEV.COM
Exhibit 2 74

CITY OF BELL GARDENS

OFFICE OF THE CITY MANAGER
u
m

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: Vanessa Quiroz,Acting 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: July 11, 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 27, 2022, the City passed Resolution Number 2022-60, 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 27, 2022, through July 27, 2022, pursuant to Brown Act provisions.
75 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 2022-60 expires on July 27, 2022. Staff recommends the City Council adopt the attached resolution to avoid any lapse.

CONCLUSION:

If approved, the following will be adopted or approved:

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. 2022-66
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 JULY 11, 2022, THROUGH AUGUST 10, 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 77

Resolution No. 2022-66
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 78

Resolution No. 2022-66
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, on June 27, 2022, the City Council adopted Resolution No. 2022-60, reauthorizing remote teleconference meetings of the City Council, City Boards, and all Commissions of the City of Bell Gardens through July 27, 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; 3of5
Exhibit 1 79

Resolution No. 2022-66
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 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 July 11, 2022, until the earlier of August 10, 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 11t" day of July 2022. 4of5
Exhibit 1 80

Resolution No. 2022-66

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

Rick Olivarez Vanessa Quiroz
City Attorney Acting City Clerk
5of5
Exhibit 1 81

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: Hailes H. Soto, Senior Management Analyst
SUBJECT: CONSIDERATION OF A RESOLUTION REAFFIRMING RESOLUTION NO. 2020-21

WHICH DECLARED A LOCAL EMERGENCY DUE TO THE PUBLIC THREAT CAUSED BY CORONAVIRUS (COVID-19)
DATE: July 11, 2022
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 (COVI D-19).

BACKGROUND/DISCUSSION:

Coronavirus, also known as COVI D-19, was first reported in China in December 2019. On March 4, 2020, California Governor Gavin Newsom declared a State of Emergency and the County of Los Angeles, City of Los Angeles, City of Long Beach and City of Pasadena all declared Local Emergencies. On March 11, 2020, the World Health Organization ("WHO") publicly characterized COVI D-19 as a pandemic. On March 13, 2020, the President of the United States declared a National Emergency due to the continued spread and the effects of COVI D-19. On March 17, 2020, the City of Bell Gardens City Council adopted Resolution No. 2020-21 declaring a local emergency due to COVI D-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").

On March 19, 2020, the County of Los Angeles Department of Public Health issued the Safer at Home Order for Control of COVID-19 to further restrict and limit the gathering of persons and to require the closure of shopping centers, children's playgrounds, and non-essential retail businesses in an effort to slow the spread of COVI D-19 within the greater Los Angeles community. Also on March 19, 2020, Governor Newsom issued Executive Order N- 33-20 ordering all individuals living in the State of California to stay at home or their place of residence except as needed to maintain continuity of operations of the federal critical infrastructure sectors;. On March 20, 2020, the State Public Health Officer issued a memorandum spelling out the list of "Essential Critical Infrastructure Workers." On March 21, 2020, the County of Los Angeles Department of Public Health modified its Safer at Home Order for the Control of COVI D-19.

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". As of July 4, 2022, there have been 3,140,615 confirmed cases of COVID-19 in Los Angeles County, which has resulted in 32,361 deaths. The number of confirmed cases and deaths continue to increase. Conditions of extreme peril to the safety of persons and property continue due to COVID-19 in the City of Bell Gardens. Based on the aforementioned, it is imperative to prepare for and respond to suspected or confirmed COVI D-19 cases, to take measures to mitigate the spread of COVI D-19, and to prepare to respond to the increasing number of individuals requiring medical care and hospitalization. If COVI D-19 spreads at a rate comparable to the rate of spread in other 82 locations, the number of persons requiring medical care may exceed locally available resources, and controlling outbreaks minimizes the risk to the public, maintains the health and safety of the community, and limits the spread of infection in the community and within the healthcare delivery system.

CONCLUSION:

The reasons for declaring the local emergency still exist. The local emergency will continue to exist until the City Council proclaims the termination of this local emergency.

FISCAL IMPACT:

No fiscal impact.

ATTACHMENTS:

Exhibit 1 - Resolution No. 2022-67
Exhibit 2 - Resolution No. 2020-21
APPROVED ELECTRONICALLY BY:

A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF BELL GARDENS, CALIFORNIA REAFFIRMING RESOLUTION NO. 2020-21

WHICH DECLARED A LOCAL EMERGENCY DUE TO THE PUBLIC THREAT CAUSED BY CORONAVIRUS (COVID-19)
WHEREAS, Coronavirus, also known as COVID-19, was first reported in China in December 2019;
WHEREAS, on March 4, 2020, California Governor Gavin Newsom declared a State of Emergency and the County of Los Angeles, City of Los Angeles, City of Long Beach and City of Pasadena all declared Local Emergencies; WHEREAS, on March 11, 2020, the World Health Organization ("WHO") publicly characterized COVID-19 as a pandemic;
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 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");
WHEREAS, on March 19, 2020, the County of Los Angeles Department of Public Health issued the Safer at Home Order for Control of COVID-19 to further restrict and limit the gathering of persons and to require the closure of shopping centers, children's playgrounds, and non-essential retail businesses in an effort to slow the spread of COVID-19 within the greater Los Angeles community;
WHEREAS, on March 19, 2020, Governor Newsom issued Executive Order N-33- 20 ordering all individuals living in the State of California to stay at home or their place of residence except as needed to maintain continuity of operations of the federal critical infrastructure sectors;
WHEREAS, on March 20, 2020, the State Public Health Officer issued a memorandum spelling out the list of "Essential Critical Infrastructure Workers"; WHEREAS, on March 21, 2020, the County of Los Angeles Department of Public Health modified its Safer at Home Order for the Control of COVID-19; WHEREAS, 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";
Exhibit 1 84

Resolution No. 2022-67
WHEREAS, as of July 4, 2022, there have been 3,140,615 confirmed cases of COVID-19 in Los Angeles County, which has resulted in 32,361 deaths; WHEREAS, the number of confirmed cases and deaths continue to increase; WHEREAS, conditions of extreme peril to the safety of persons and property continue due to COVID-19 in the City of Bell Gardens;
WHEREAS, it is imperative to prepare for and respond to suspected or confirmed COVID-19 cases, to take measures to mitigate the spread of COVID-19, and to prepare to respond to the increasing number of individuals requiring medical care and hospitalization;
WHEREAS, if COVID-19 spreads at a rate comparable to the rate of spread in other locations, the number of persons requiring medical care may exceed locally available resources, and controlling outbreaks minimizes the risk to the public, maintains the health and safety of the community, and limits the spread of infection in the community and within the healthcare delivery system; and
WHEREAS, the reasons for declaring the local emergency still exist.

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

SECTION 1. That at the City Council meeting of March 17, 2020, the City Council declared a Local Emergency due to Coronavirus (COVID-19).

SECTION 2. That the City Council reaffirms all portions of Resolution No. 2020- 21, including all order contained therein.

SECTION 3. That the City Manager, as the Director of Emergency Services, is hereby authorized to exercise his powers and duties as provided in § 2.34.060 of the Bell Gardens Municipal Code.

SECTION 4. That this local emergency shall continue to exist until the City Council proclaims the termination of this local emergency.

SECTION 5. The City Clerk shall attest and certify to the passage and adoption of this Resolution and enter it into the book of original resolutions, and it shall become effective immediately upon its approval.
[Signatures on the following page]
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Exhibit 1 85

Resolution No. 2022-67
PASSED, APPROVED and ADOPTED this 11t" day of July, 2022.

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

Rick Olivarez Vanessa Quiroz
City Attorney Acting City Clerk
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Exhibit 1 86

RESOLUTION NO. 2020-21

A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF BELL

GARDENS, CALIFORNIA, DECLARING A LOCAL EMERGENCY DUE
TO THE PUBLIC THREAT CAUSED BY CORONAVIRUS (COVID-19)
WHEREAS, Coronavirus, also known as COVID-19, was first reported in China in December 2019; and
WHEREAS, in less than three (3) months, COVID-19 has infected over 135,000 people in 120 cases and has caused nearly 5,000 deaths; and WHEREAS, COVID-19 can take up to 14 days to exhibit symptoms, is highly contagious (even when not showing symptoms), and has no known vaccine; and WHEREAS, COVID-19 was it identified in the United States on January 21, 2020, and since then, there has been a total of 1,599 confirmed cases and 40 deaths; and WHEREAS, public facilities, schools, major events, and activities throughout Southern California have been cancelled, closed or postponed; and WHEREAS, on February 26, 2020, the Centers for Disease Control and Prevention ("CDC"), confirmed the first possible case of community transmission of the COVID-1 9 in the United States; and
WHEREAS, on March 4, 2020, California Governor Gavin Newsom declared a State of Emergency and the County of Los Angeles, City of Los Angeles, City of Long Beach and it of Pasadena all declared Local Emergencies; and WHEREAS, on March 11, 2020, the World Health Organization ("WHO") publicly characterized COVID-19 as a pandemic; and
WHEREAS, on March 12, 2020, I of Bell Gardens ("City") began taking measures to reduce the spread of the virus by canceling all City-planned events for the Month of March, temporarily closing the Senior Center programs and activities; recreational classes; STAR program activities; large group facility; senior soccer program; youth baseball awards ceremony; coffee with a Cop; Census Complete Count Committee; and Censoteria; and
WHEREAS, on March 129 20209 Governor Newsom issued Executive Order N-25- 20 in a further effort to confront and contain COVID-1 9,that among otherthings suspended certain provisions of the Ralph M. Brown Act providing local agencies with greater flexibility to hold meetings via teleconferencing; and
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; and Exhibit 2 87

Resolution No. 2020-21
WHEREAS, the City Council does hereby find the following:

1. That the above recitals are true and correct and based thereon, hereby finds that the spread and potential further spread of COVID-19 constitutes a situation that severely impairs the public health and safety within the City and constitutes conditions of extreme peril to the safety of persons and property within the City;

2. That these conditions are likely to be beyond the control of the services, personnel, equipment, and facilities of the City; and

3. That the conditions of extreme peril warrant and necessitate the proclamation of the existence of a local emergency.

WHEREAS, Title 2 (administration and Personnel), Chapter 2.34 (Disaster Council), Section 2.34.030 (Created — Membership) of the Bell Gardens Municipal Code ("Code") creates the Bell Gardens disaster council and shall consist of: 1)The mayor, who shall be chairman; 2) the director of emergency services, who shall be vice chairman; 3) the coordinator of emergency services; 4) such chiefs of emergency services as are provided for in a current emergency plan of this City; and 5) such representatives of civic business, labor, veterans, professional, or other organizations having an official emergency responsibility, and may be appointed by the director with the advice and consent of the City Council; and
WHEREAS, Title 2 (administration and Personnel), Chapter 2.34 (Disaster Council), Section 2.34.050 (Director and coordinator of emergency services — Offices created), of the City's Municipal Code designates the City Manager to act as Director of Emergency Services, as part of the Bell Gardens Disaster Council and allows the Director to appoint office of coordinator of emergency services.

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

SECTION 1. At the City Council meeting of March 17, 2020, the City Council declared a Local Emergency due to Coronavirus (COVID-19).

SECTION 2. That during the threatened existence and actual existence of the local emergency, the powers, functions, and duties of the Director of Emergency Services and the emergency organization of the City shall be those prescribed by state law, by ordinances, and resolutions of the City and approved by the City Council.

SECTION 3. That, the City Manager, as the Director of Emergency Services, is hereby authorized to exercise his powers and duties as provided in § 2.34.060 of the Bell Gardens Municipal Code.

SECTION 4. To ensure that City vendors are paid in a timely manner, the City Manager is authorized and directed to approve the claims and demands, make payments 2 of 4
Exhibit 2 88

Resolution No. 2020-21
thereon, and finally to bring those claims and demands to the City Council at future meetings for ratification of the payments made.

SECTION S. That the City Council will utilize, to the extent reasonably feasible and appropriate, the ability to conduct its council meetings via teleconferencing and other electronic means to permit councilmembers and members of the public to adopt social distancing to the greatest extent possible while still proceeding with the efficient handling of the City's business, in compliance with California Executive Order N-25-20.

SECTION 6. To the full extent ordered by the County of Los Angeles Public Health Department and the State of California, all business establishments for which members of the public typically congregate for eating, recreation or exercise (e.g., restaurants, bars, nightclubs, gymnasiums and the like) shall adhere to the operational restrictions established by declaration, proclamation or executive order of the County of Los Angeles Public Health Department; the State of California and the federal government of the United States of America, including the office of the President of the United States.

SECTION 7. To the fullest extent permitted by applicable law, declaration or executive order of the State of California or as may otherwise be provided under the Bell Gardens Municipal Code or collective bargaining agreement, the City Manager shall be authorized to make such urgency expenditures as may be necessary to preserve the public health safety and welfare and make such personnel assignments as may be necessary for the orderly and effective functioning of City government, including but not limited to services that directly impact the health and safety of the public.

SECTION 8. 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 17th day of March, 2020.

THE CITY OF BELL GARDENS
AWandra' Corte"ayor
APPROVED AS TO FORM. ATTEST:
�alstead Rick Olivar'ez
City Attorney City Clerk
3 of 4
Exhibit 2 89

Resolution No. 2020-21
I, JANE HALSTEAD, City Clerk of the City of Bell Gardens, hereby CERTIFY that City Council Resolution No. 2020-21 was adopted by the Bell Gardens City Council at a special meeting of the City Council held on Tuesday, March 17, 2020 and was approved and passed by the following vote:

AYES: Council Member Aceituno, Barcena; Mayor Pro Tem Flores; Mayor Cortez NOES: None
ABSTAIN: None
ABSENT: None
ane alstead
Clerk
4 of 4
Exhibit 2 90

Exhibit 2 91

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: Hailes H. Soto, Senior Management Analyst
SUBJECT: RESOLUTION DECLARING THE CITY OF BELL GARDENS ACHAMPION AND

DEFENDER OF HEALTH EQUITYAND REPRODUCTIVE FREEDOM FORALLAND

AFFIRMING THE RIGHT OF INDIVIDUALS TO MARRYAND LOVE FREELY DATE: July 11, 2022
RECOMMENDATION:

BACKGROUND/DISCUSSION:

On January 22, 1973, the United States Supreme Court announced its decision in Roe v. Wade (410 U.S. 959), a constitutional challenge to a Texas statute that criminalized the termination of a pregnancy unless a woman's life was at stake. The case had been filed by"Jane Roe," an unmarried woman who wanted to end her pregnancy safely and legally. Finding that Ms. Roe's constitutional rights has been violated, the Court struck down the Texas law. In its decision, the Court recognized the constitutional right to privacy "...is broad enough to encompass a woman's decision whether or not to terminate her pregnancy." (Roe v. Wade (1973)410 U.S. 113, 153.) Roe v. Wade has come to be known as the case that affirmed the constitutional right across the country for a woman to choose an abortion and have control over her own body. At the time the decision was handed down, may states outlawed abortion. This decision rendered those laws unconstitutional, making abortion services safer and more accessible to women across the country.

On September 9, 2021, the United States Department of Justice filed a lawsuit to prevent the State of Texas from enforcing Senate Bill 8, which went into effect on September 1, 2021. Senate Bill 8 is unusual in its structure and the manner in which it operates as a restriction on the right of a woman to determine whether or not to terminate her pregnancy. Instead of criminalizing an abortion after six-weeks, Senate Bill 8 deputizes private citizens to sue anyone who "aids or abets" the provision of such an abortion, with successful plaintiffs receiving a minimum of $10,000. The complaint seeks a declaratory judgment that Senate Bill 8 is invalid under the Supremacy Clause and the Fourteenth Amendment, is preempted by federal law, and violates the doctrine of intergovernmental immunity. The Department of Justice also sought an order, preliminary or permanently, prohibiting the State of Texas, including its officers, employees, and agents, as well as private parties who would bring suit under the law, from implementing or enforcing Senate Bill 8. More states are expected to follow Texas and restrict abortion access, forcing those with means to travel to states where abortion remains legal and forcing those without means to travel to make less safe decisions regarding the termination of their pregnancies.

The recent leak of an initial draft majority opinion of the Supreme Court of the United States (SCOTUS) written by Justice Samuel Alito in the case of Thomas E. Dobbs, State Health Officer of the Mississippi Department of Health 92 v. Jackson Womens Health Organization foreshadowed the impending overturn of Roe v. Wade, allowing states to ban abortion at any point in pregnancy and the possibility of complete bans on abortion.

By its majority opinion in Dobbs v. Jackson of Justice Samuel Alito joined by Justices Clarence Thomas, Neil Gorsuch, Brett Kavanaugh, and Amy Coney Barrett, the Supreme Court on June 24, 2022 revoked the constitutional right to an abortion, reversing 50 years of legal precedent.

The contents of the majority opinion, as well as the warning from the dissenting Supreme Court Justices, Stephen Breyer, Sonia Sotomayor, and Elena Kagan, make it clear that the threat to human rights in this country will not end at abortion rights. Specifically, Clarence Thomas writes that for, "future cases, we should reconsider all of this Court's substantive due process precedents, including Griswold, Lawrence, and Obergefell," and thus calls into question the right of individuals to marry and love freely, as well as the right to contraception. Sexual and reproductive rights, including safe and legal abortions, constitute a fundamental right, and the criminal ization, delay and denial of access to safe and legal abortion care constitutes a form of violence against those who would seek contraceptive and reproductive care.

The Bell Gardens City Council affirms its commitment to the human rights afforded to all women under Roe v.

Wade, regardless of socioeconomic, ethnic, racial, cultural, or religious background, age or sexual orientation, and to opposing any laws or regulations that pose a threat to reproductive freedom, reproductive rights, sexual freedom, and/or self-determination.

CONCLUSION:

The City of Bell Gardens is declared a champion and defender of health equity and reproductive freedom for all. The City Council affirms the right of all people to make medical decisions about their own bodies and to obtain access to the full spectrum of reproductive healthcare, including contraception and related services without obstacles. The City Council affirms full abortion rights and reproductive equity in opposition to the Supreme Court overturning Roe v. Wade. Unfortunately, the threat to human rights in this country will not end at abortion rights. The City of Bell Gardens also affirms the right of individuals to marry and love freely.

FISCAL IMPACT:

No fiscal impact.

ATTACHMENTS:

Exhibit 1 - Resolution 2022-68
APPROVED ELECTRONICALLY BY:

A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF BELL

GARDENS, CALIFORNIA, DECLARING THE CITY OF BELL GARDENS

A CHAMPION AND DEFENDER OF HEALTH EQUITY AND

REPRODUCTIVE FREEDOM FOR ALL AND AFFIRMING THE RIGHT OF

INDIVIDUALS TO MARRY AND LOVE FREELY
WHEREAS, in 1972, the people of California amended Article 1 §1 of the California Constitution to make the right of privacy inalienable;
WHEREAS, the Supreme Court of the United States (SCOTUS) acknowledged in its 1973 decision in Roe v. Wade that the ability to make a private medical decision impacting one's own reproductive health is a constitutionally protected right; WHEREAS, SCOTUS established a precedent in the, landmark case of Roe v.

Wade (1973), later affirmed in Planned Parenthood v. Casey (1992) and Whole Womans Health v. Hellerstedt (2016), guaranteeing the constitutional right to legal pre-viability abortion in the US;
WHEREAS, prior to 1973, women faced significant obstacles to safe reproductive health services, resulting in widespread loss of life and serious illness; WHEREAS, the legalization of abortion in the United States led to safer practices and drastically reduced the incidences of material deaths and hospitalizations related to abortion; Roe v. Wade recognized women's freedom of reproductive choice as essential to the lives, rights, health, and equality of women;
WHEREAS, in 2002, California enacted the Reproductive Privacy Act, which prevents the State from interfering with the right to choose between carrying a pregnancy to term;
WHEREAS, in 2019, Governor Gavin Newsom issued the California Proclamation on Reproductive Freedom to educate Californians on their reproductive rights under the state constitution and laws an affirm California's commitment to reproductive freedom; WHEREAS, in August 2021 the United States Supreme Court failed to uphold the precedent set in Roe v. Wade and allowed Texas to enact Senate Bill 8 which operates to restrict women's reproductive rights;
WHEREAS, the right to safe, legal, and accessible abortion continues to be undermined by other states that have signaled they are going to enact similar laws threatening the health and safety of women's lives, including the most marginalized women and women of color;
WHEREAS, the United States Supreme Court developed a draft majority opinion Exhibit 1 94

Resolution No. 2022-68
in support of Texas's law that was leaked to the public in May 2022 which spelled out an explicit intent to overturn Roe v. Wade and Planned Parenthood v. Casey, which would allow states to ban abortion at any point in pregnancy and the possibility of complete bans on abortion;
WHEREAS, by its majority opinion in Dobbs v. Jackson of Justice Samuel Alito joined by Justices Clarence Thomas, Neil Gorsuch, Brett Kavanaugh, and Amy Coney Barrett, the Supreme Court on June 24, 2022 revoked the constitutional right to an abortion, reversing 50 years of legal precedent;
WHEREAS, the contents of the majority opinion, as well as the warning from the dissenting Supreme Court Justices, Stephen Breyer, Sonia Sotomayor, and Elena Kagan, make it clear that the threat to human rights in this country will not end at abortion rights; WHEREAS, specifically, Clarence Thomas writes that for, "future cases, we should reconsider all of this Court's substantive due process precedents, including Griswold, Lawrence, and Obergefell," and thus calls into question the right of individuals to marry and love freely, as well as the right to contraception; WHEREAS, sexual and reproductive rights, including safe and legal abortions, constitute a fundamental right, and the criminalization, delay and denial of access to safe and legal abortion care constitutes a form of violence against those who would seek contraceptive and reproductive care;
WHEREAS, prohibitions on the right to freely exercise reproductive freedoms are harmful to public health and safety and are contrary to the values of the people of Bell Gardens;
WHEREAS, such restrictions on the rights of women to make their own reproductive choices will force those with means to travel to states where abortion remains legal and will force those without means to travel to make less safe decisions regarding the termination of their pregnancies;
WHEREAS, logistical barriers including, for example, travel costs and distance to clinics, lodging needs and costs, limited access to translation services, lost waged, and lack of paid time off for health care appointments can all delay or prohibit abortion care; WHEREAS, passage of these laws disproportionately impacts women, undocumented people, young people, those living in rural areas where hospitals have closed, Black, Latinx, indigenous, and other people of color; WHEREAS, the City of Bell Gardens has a vested interest in protecting and promoting the health and the rights of all of its residents; WHEREAS, as states around the country enact extreme laws that violate the fundamental right to decide whether or not to terminate a pregnancy, the City of Bell 2 of 4
Exhibit 1 95

Resolution No. 2022-68
Gardens can serve as a model and commit to defend and fight for reproductive freedom, and welcome all those seeking to fully exercise their reproductive rights and access safe legal abortion.

WHEREAS, the City of Bell Gardens is declared a champion and defender of health equity and reproductive freedom for all.

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

SECTION 1. That the Bell Gardens City Council affirms the right of all people to make medical decisions about their own bodies and to obtain access to the full spectrum of reproductive healthcare, including contraception and related services without obstacles.

SECTION 2. That the Bell Gardens City Council affirms its commitment to obtaining reproductive justice - including equal access to affordable contraception, comprehensive sex education, freedom from sexual violence, and surveillance and accountability of systems to prevent reproductive human rights abuses -for all.

SECTION 3. That the Bell Gardens City Council condemns the Supreme Court majority opinion in Dobbs v. Jackson Womens Health Organization and urges federal codification of full abortion rights and other affordable, safe, and accessible reproductive heath care.

SECTION 4. The Bell Gardens City Council calls on the federal government to further codify the rights upheld by Griswold, Lawrence, and Obergefell.

PASSED, APPROVED and ADOPTED this 11t" day of July, 2022.

THE CITY OF BELL GARDENS
Maria Pulido, Mayor
3of4
Exhibit 1 96

Resolution No. 2022-68
APPROVED AS TO FORM: ATTEST:

Rick Olivarez Vanessa Quiroz
City Attorney Acting City Clerk
4of4
Exhibit 1 97

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: Grissel Chavez, Director of Public Works
SUBJECT: CONSIDERATION OF CPI ADJUSTMENT REQUEST FOR GREENTECH LANDSCAPE, INC.

DATE: July 11, 2022
RECOMMENDATION:

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

Consider approving the attached Resolution allowing a consumer price index (CPI) adjustment of 3% to the City's contract with Greentech Landscape, I nc. for landscape services.

BACKGROUND/DISCUSSION:

On October 28, 2019, City Council approved the award of a contract to Greentech Landscape, Inc. for citywide landscape maintenance services which includes the landscape maintenance of parkways, median islands and open space, including Bell Gardens Veterans Park; mowing and edging, weeding, sweeping, pruning of shrubs, groundcovers care, fertilizing, litter clean-up and tree trimming for clearance. The contract expires on October 28, 2022 with two optional one year extensions through October 28, 2024. The annual contract cost paid by the City is $111,936 for the scope of services provided.

CPI Adjustment Request
On April 21, 2022, the contractor submitted the attached letter requesting consideration of a CPI increase in the amount of 8%, citing rising costs due to increases in fuel, labor, insurance equipment and materials. The contractor cited the May 2022 Consumer Price IndexforAll Urban Consumers (CPI-U), which reflected an 8 percent increase.

An 8% CPI adjustment would increase the Greentech contract cost by$8,955 annually.

Given that the subject contract is silent as to CPI increases, Council approval is required.

The contractor has been performing services satisfactorily to date. They have maintained positive communication with staff and have been responsive in addressing issues or fulfilling requests. Staff is recommending a CPI adjustment of 3%, for an increased annual cost of $3,358, which would increase the total annual contract amount from $111,936 to $115,294.

CONCLUSION:

If the CPI adjustment is approved, the increase will take effect January 1, 2023. 98 FISCAL IMPACT:

The City's FY 2022-23 Public Works operations budget includes funding to cover the cost of this annual increase in the amount of $3,358.

ATTACHMENTS:

Exhibit 1 - Resolution No. 2022-69
Exhibit 2 - First Amendment and exhibits
APPROVED ELECTRONICALLY BY:

A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF BELL

GARDENS, CALIFORNIA, APPROVING A FIRST AMENDMENT TO THE

CONTRACT SERVICES AGREEMENT BETWEEN THE CITY AND GREENTECH LANDSCAPE, INC. FOR PUBLIC WORKS LANDSCAPE

MAINTENANCE SERVICES
WHEREAS, on October 28, 2019, the City of Bell Gardens and Greentech Landscape, Inc. executed and entered into a Master Agreement for public works landscape maintenance services; and
WHEREAS, on April 21, 2022, Greentech Landscape, Inc. requested a CPI increase that would become effective as of January 1, 2023 (hereinafter "CPI Request Letter");
WHEREAS, the Parties now wish to increase the total Not-to-Exceed Sum by THREE THOUSAND THREE HUNDRED FIFTY-EIGHT DOLLARS ($3,358)for a new total Not-to-Exceed Sum of ONE HUNDRED FIFTEEN THOUSAND TWO HUNDRED NINETY- FOUR DOLLARS ($115,294) to account for the requested CPI increase which would be effective as of January 1, 2023 and would be in effect for the remainder of the Term and any extensions.

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. Based upon the above recitals, the staff report accompanying this Resolution, and such other oral and written evidence, the Bell Gardens City Council hereby approves the First Amendment to the Contract Services Agreement with Greentech Landscape, Inc.

SECTION 3. The City Council further approves the First Amendment to the Contract Services Agreement with Greentech Landscape, Inc. accompanying this Resolution and authorizes and directs the City Manager to execute the First Amendment, along with all exhibits and other ancillary documents necessary to effectuate the intent and objectives of the First Amendment and this Resolution.

Exhibit 1 100

Resolution No. 2022-69
PASSED, APPROVED and ADOPTED this 11t" day of July, 2022.

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

Rick Olivarez Vanessa Quiroz
City Attorney Acting City Clerk
Exhibit 1 2 p612

2022

FIRST AMENDMENT TO CONTRACT SERVICES AGREEMENT
(Engagement: Public Works Landscape Maintenance)
(Contractor: Greentech Landscape, Inc.)
THIS FIRST AMENDMENT (hereinafter, "First Amendment") to that certain agreement entitled "Contract Agreement for Public Works Landscape Maintenance in the City of Bell Gardens" and dated October 28, 2019 (hereinafter, the "Master Agreement"), is hereby made and entered into this day of , 2022 (hereinafter, "Effective Date") by and between the CITY OF BELL GARDENS, a municipal corporation (hereinafter, "CITY") and GREENTECH LANDSCAPE, INC. (hereinafter, "CONTRACTOR"). For purposes of this First Amendment, the capitalized term "Parties" shall be a collective reference to both CITY and CONTRACTOR. The capitalized term "Party" may refer to either CITY or CONTRACTOR, interchangeably as appropriate.

RECITALS
This First Amendment is made and entered into with respect to the following facts:

WHEREAS, on October 28, 2019, the Parties executed and entered into the Master Agreement for Public Works landscape maintenance services; and WHEREAS, the Master Agreement is attached and incorporated hereto as Exhibit "A"; and
WHEREAS, under the terms of the Master Agreement the CITY agreed to pay CONTRACTOR a total not-to-exceed sum of ONE HUNDRED ELEVEN THOUSAND NINE HUNDRED THIRTY-SIX DOLLARS ($111,936) (hereinafter, "Compensation") to provide Citywide tree maintenance services; and
WHEREAS, on April 21, 2022, CONTRACTOR requested a CPI increase that would become effective as of January 1, 2023 (hereinafter "CPI Request Letter"); and WHEREAS, the CPI Request Letter is attached and incorporated hereto as Exhibit "B"; and
WHEREAS, the Parties now wish to increase the total Not-to-Exceed Sum by THREE THOUSAND THREE HUNDRED FIFTY-EIGHT DOLLARS ($3,358) for a new total Not-to-Exceed Sum of ONE HUNDRED FIFTEEN THOUSAND TWO HUNDRED NINETY-FOUR DOLLARS ($115,294) to account for the requested CPI increase which would be effective as of January 1, 2023 and would be in effect for the remainder of the Term and any extensions; 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 4b. (COMPENSATION) of the Master Agreement is hereby 1 Exhibit 2 102

amended to increase the Not-to-Exceed Sum of ONE HUNDRED ELEVEN THOUSAND NINE HUNDRED THIRTY-SIX DOLLARS ($111,936) by THREE THOUSAND THREE HUNDRED FIFTY-EIGHT DOLLARS ($3,358)for a new total Not-to-Exceed Sum of ONE

HUNDRED FIFTEEN THOUSAND TWO HUNDRED NINETY-FOUR DOLLARS ($115,294) which shall be effective as of January 1, 2023 and shall continue through the remainder of the Term and any additional extensions.

SECTION 2. Except as otherwise set forth in this First Amendment, the Master Agreement shall remain binding, controlling, and in full force and effect. Section 23 of the Master Agreement notwithstanding, this First Amendment, together with the Master Agreement, shall constitute the entire, complete, final, and exclusive expression of the Parties with respect to the matters addressed in both documents.

SECTION 3. The provisions of this First Amendment shall be deemed a part of the Master Agreement and except, as otherwise provided under this First Amendment, the Master 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 Master Agreement, the provisions of this First Amendment shall control, but only in so far as such provisions conflict with the Master Agreement and no further.
(SIGNATURES ON NEXT PAGE)
2 Exhibit 2 103

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

CITY: CONTRACTOR:

CITY OF BELL GARDENS GREENTECH LANDSCAPE, INC.

By: By:

Michael B. O'Kelly, City Manager
Name-
Title-
Date- Date:

APPROVED AS TO FORM:

By:

Rick Olivarez, City Attorney
Date-
3 Exhibit 2 104

EXHIBIT "A"

MASTER AGREEMENT
4 Exhibit 2 105

CITY OF BELL GARDENS

CONTRACT AGREEMENT
FOR

PUBLIC WORKS LANDSCAPE MAINTENANCE

IN THE CITY OF BELL GARDENS
THIS CONTRACT SERVICES AGREEMENT (hereinafter, "Agreement") is made and entered into this 28th day of October 2019 (hereinafter, the "Effective Date"), by and between the CITY OF BELL GARDENS, a municipal corporation (hereinafter, "City") and GREENTECH LANDSCAPE INC. (hereinafter, "Contractor"). For the purposes of this Agreement, City and Contractor may be referred to collectively by the capitalized term "Parties." The capitalized term "Party" may refer to City or Contractor interchangeably.

WHEREAS, City is a municipal corporation organized under the laws of the State of California, with power to contract for services necessary to achieve its purpose; and WHEREAS, City desires to engage the services of a company to perform landscaping and maintenance services for the City's landscaped areas; and WHEREAS, City staff has determined that Contractor possesses the skills, experience and expertise necessary to complete required landscaping and maintenance; and
WHEREAS, the execution of this Agreement was approved by the City of Bell Gardens Council at its Regular Meeting of October 28 2019.

NOW, THEREFORE, for and in consideration of the mutual covenants and conditions herein contained, City and Contractor agree as follows:

Section 1. Term.
a. This Agreement shall commence on the Effective Date and shall have a Term of three (3) years. This Agreement may be extended by City subject to its same terms and conditions for two (2) additional extension terms of one (1) year, provided City issues written notice of its intent to extend the Term of the Agreement prior to the expiration of the initial Term.
b. Nothing in this Section shall operate to prohibit or otherwise restrict the City's ability Exhibit 2 106

to terminate this Agreement at any time for convenience or for cause as provided under Section 5 of this Agreement.

Section 2. Scope of Work.
a. Subject to the terms and conditions of this Agreement, Contractor agrees to provide landscape and maintenance services and tasks that are set forth in that certain request for proposal of the City entitled "Request for Proposal Public Works Landscape Maintenance Contract" issued on September 25, 2019 (the "City RFP Work Scope") which attached and incorporated hereto as Exhibit "A"; and b. That certain written proposal for landscape maintenance entitled "Request for Proposal for Landscape Maintenance Services for City of Bell Gardens" dated October 11, 2019 (the Landscape Contract Proposal Work Scope") which is attached and incorporated hereto as Exhibit "B".
c. For purposes of this Agreement, the capitalized term "Scope of Work" shall be a collective reference to City RFP Work Scope and the Landscape Contract Proposal Work Scope. In the event of any conflict or inconsistency between the provisions of the City RFP Work Scope and the Landscape Contract Proposal Work Scope shall govern and control but only to the extent of the conflict or inconsistency and no further.
d. Contractor also agrees to furnish City with all labor, materials, tools, supplies, equipment, services, tasks and incidental and customary work necessary to competently perform and timely complete the services and tasks set forth in the Scope of Work. For purposes of this Agreement, the capitalized term "Work"shall be a collective reference to all of the various services and tasks described under the Scope of Work.

Section 3. Prosecution of Work.
a. Time is of the essence of this Agreement and each and every provision contained herein. The Work shall be commenced within three (3) calendar days of City's issuance of a written notice to proceed ("Notice to Proceed"). b. Contractor shall cooperate with City and in no manner interfere with the work of City, its employees or other consultants, contractors or agents. c. Contractor shall not perform any additional services or tasks beyond those expressly identified in the Scope Work without prior authorization from City in the form of a written work order(s) issued by the City Representative (each such written request hereinafter referred to as a "Work Order"). Each Work Order shall include the following information:

Exhibit 2 107

1. A detailed description of the specific services or tasks requested;

2. The location of where the particular services or tasks are to be performed, if applicable;

3. A not-to-exceed budget for performing the services or tasks;

4. A timeline for completing the requested services or tasks;

5. Any other information City deems necessary and relevant to the requested services or tasks; and

6. The signature of the City Representative, confirming that the services or tasks have been authorized by the City Representative.

Section 4. Compensation.
a. Contractor shall perform the various services and tasks set forth in the Scope of Work in accordance with the hourly rates provided in Contractor's October 11, 2019 Proposal Schedule, which is attached and incorporated hereto as Exhibit «C,o
b. Section 2(a) notwithstanding, Contractor shall perform all of the various services and tasks that comprise the Work for an annual not-to-exceed sum of ONE

HUNDRED ELEVEN THOUSAND NINE HUNDRED THIRTY-SIX DOLLARS ($111,936) (hereinafter, the "Not-to-Exceed Sum"). Contractor further agrees that the Not-to-Exceed Sum is inclusive of compensation for all labor, materials, tools, supplies, equipment, services, tasks and incidental and customary work necessary to competently perform and timely complete the Work. As specified under subsection (d) of this Section, below, the Not-to-Exceed sum shall be paid to Contractor in increments as the Work is completed.
c. In the event Contractor's charges are projected to exceed the Not-to-Exceed Sum prior to the completion of all of the Work, City may suspend Contractor's performance pending City approval of any anticipated expenditures in excess of the Not-to-Exceed Sum or any other City-approved amendment to the compensation terms of this Agreement.
d. Following the conclusion of each calendar month, Contractor shall submit to City an itemized invoice indicating the services and tasks performed during the recently concluded calendar month. If any subtotal of charges set forth in the invoice is a function of hours worked by Contractor's personnel, the invoice shall indicate the number of hours worked in the recently concluded calendar month, the job title/classification of the person(s) performing the services or tasks, the rate of compensation at which such services and tasks were performed, the subtotal for each task and service performed and a grand total for all services performed within the subtotal. Within thirty (30) calendar days of receipt of each invoice, City shall notify Contractor in writing of any disputed amounts included in the invoice. Within forty-five (45) calendar day of receipt of each invoice, City shall pay all undisputed Exhibit 2 108

amounts included on the invoice. City shall not withhold applicable taxes or other authorized deductions from payments made to Contractor.

Section 5. Standard of Care. Contractor represents, acknowledges and agrees as follows:
a. Contractor shall perform all Work skillfully, competently and to the highest standards applicable to the Contractor's field;
b. Contractor shall construct and complete the Work in a good, workmanlike and prompt manner reasonably acceptable to City and shall furnish all labor and materials necessary to accomplish the same;
c. Contractor shall comply with all applicable federal, state and local laws and regulations, including the conflict of interest provisions of Government Code Section 1090 and the Political Reform Act (Government Code Section 81000 et seq.);
d. Contractor understands the nature and scope of the work to be performed under this Agreement as well as any and all schedules of performance; e. All of Contractor's employees and agents (including but not limited to Contractor's subcontractors and subconsultants) possess sufficient skill, knowledge, training and experience to perform those services and tasks contemplated under this Agreement; and
f. All of Contractor's employees and agents (including but not limited to Contractor's subcontractors and subconsultants) possess all licenses, permits, certificates, qualifications and approvals of whatever nature that are legally required to perform the tasks and services contemplated under this Agreement and all such licenses, permits, certificates, qualifications and approvals shall be maintained throughout the term of this Agreement.

The Parties acknowledge and agree that Contractor shall perform, at Contractor's own cost and expense and without any reimbursement from City, any services or tasks necessary to correct any errors or omissions caused by Contractor's failure to comply with the standard of care set forth under this Section or by any like failure on the part of Contractor's employees, agents, subcontractors and subconsultants. Such effort by Contractor to correct any errors or omissions shall be commenced immediately upon their discovery by either Party and shall be completed within seven (7) calendars days from the date of discovery or such other extended period of time authorized by the City Exhibit 2 109

Representative in writing and absolute discretion. The Parties acknowledge and agree that Contractor's acceptance of any work performed by Contractor or on Contractor's behalf shall not constitute a release of any deficiency or delay in performance. The Parties further acknowledge, understand and agree that City has relied upon the foregoing representations of Contractor, including but not limited to the representation that Contractor possesses the skills, training, knowledge and experience necessary to perform the Work in a skillful and competent manner equivalent to, the standard of performance generally recognized as being employed by professionals performing the same type of work and services in the State of California.

Section 6.. Representatives.
a. Cite Representative. For the purposes of this Agreement, the City's representative shall be Director of Public Work, Chau Vu (hereinafter, the "City Representative").

It shall be Contractor's responsibility to assure that the City Representative is kept informed of the progress of the performance of the services, and Contractor shall refer any decisions which must be made by City to the City Representative. b. Contractor Representative. For the purposes of this Agreement, Contractor hereby designates , as its representative authorized to act on its behalf with respect to Contractor's performance under this Agreement and to make all decisions in connection therewith (the "Contractor Representative").

Notice to the Contractor Representative whether written or verbal shall constitute notice to Contractor.

Section 7. Contractor's Personnel
a. Contractor represents that it has, or will secure at its own expense, all personnel required to perform the Work and all other services and tasks necessary for Contractor to competently and timely complete any tasks and services requested by way of City-issued Work Order. All work, services and tasks will be performed under Contractor's supervision, and Contractor's personnel engaged in the performance of the work, services and tasks contemplated under this Agreement, including subcontractors and their personnel, shall possess the qualifications, permits and licenses required by applicable law to perform such work, services and tasks on behalf of Contractor.
b. Contractor shall obtain at its sole cost and expense such licenses, permits, and approvals as may be required by law for the performance of the Work. Contractor shall have the sole obligation to pay for any fees, assessments and taxes, plus applicable penalties and interest, which may be imposed by law and arise from or are necessary for the Contractor's performance of the Work, and shall indemnify, defend and hold harmless City against any such fees, assessments, taxes, Exhibit 2 110

penalties, or interest levied, assessed, or imposed against CITY hereunder. c. Contractor shall be solely responsible for the satisfactory work performance of all personnel engaged in performing the Work.
d. If, at any time during the term of this Agreement, City requests the removal of any person(s) or subcontractor(s) assigned by Contractor to perform services pursuant to this Agreement, Contractor shall remove any such person immediately upon receiving notice from City of such request.
e. Contractor shall be responsible for payment of all wages and benefits owed to Contractor's employees and the payment of subcontractors engaged by Contractor in the performance of this Agreement. Contractor shall also comply with all requirements pertaining to employer's liability, workers' compensation, unemployment insurance, and Social Security.
f. Contractor shall obtain and maintain during the Term of the Agreement all necessary licenses, permits and certificates required by law for the performance of the Work contemplated under this Agreement.

Section 8. Warranty.
a. Contractor warrants all materials used, equipment installed, and improvements constructed under this Agreement shall: (i) meet all conditions of the Agreement; and (ii) shall be free from all defects in design, materials and workmanship for a period of one (1) year after completion of the Work and acceptance by City. If any defects are discovered within twelve (12) months following acceptance by City, Contractor shall be solely responsible for the correction of those defects and Contractor's sole cost and expense. The warranty set forth under this subsection (a) of Section 7 shall be in addition to any warranties for materials used, equipment installed, and improvements constructed by Contractor in the performance of this Agreement.
b. Contractor shall transfer to City all of Contractor's rights to and interest to any and all manufacturers' warranties or guarantees for any materials, equipment or fixtures installed by Contractor in the performance of this Agreement. Where applicable, City shall be named as the owner-beneficiary in any such warranties or guarantees. Contractor shall deliver to City all the written material comprising the manufacturers' warranties or guarantees. Contractor shall ensure that each warranty or guarantee is in full force and effect from the date the City starts using the equipment or fixtures. All manufacturers' warranties or guarantees shall be in addition to the Contractor's warranty set forth under subsection (a) of this Section, above or subsection (c) of this Section, below.

Exhibit 2 111

c. In addition to all manufacturers' warranties and all other warranties implied by law, Contractor warrants that all materials used, equipment installed, and improvements constructed in the performance of this Agreement shall conform to the Scope of Work and any additional plans, drawings or specifications incorporated into this Agreement.

Section 9. Surety Bond.

A. Performance Bond. Unless waived by the City Representatives in writing, Contractor shall execute and provide to City concurrently with this Agreement a Performance Bond in the amount of the total Not-to-Exceed Sum. The Performance Bond shall be in a form approved by City. No payment shall be made to Contractor until the Performance Bond has been received and approved by the City or the requirement for the Performance Bond has been waived.

B. Labor and Materials Bond. Unless waived by the City Representatives in writing, Contractor shall execute and provide to City concurrently with this Agreement a Labor and Materials Bond in the amount of the Not-to-Exceed Sum. The Labor and Materials Bond shall be in a form approved by City. No payment shall be made to Contractor until the Labor and Materials Bond has been received and approved by the City.

Section 10. Documents and Data. All specifications, operational manuals, reports, documents or other written material ("written products") developed by Contractor in the performance of this Agreement shall be and remain the property of City. All data, documents, discussion, or other information received by Contractor from City or provided for performance of this Agreement are deemed confidential and shall not be disclosed by Contractor without prior written consent by City. City shall grant such consent if disclosure is legally required or necessary to provide the services under this Agreement. All City data shall be returned to City upon the termination of this Agreement. Contractor's covenant under this Section shall survive the termination of this Agreement.

Section 11. Prohibited Interests. Contractor warrants, represents and maintains that it has not employed nor retained any company or person, other than a bona fide employee working solely for Consultant, to solicit or secure this Agreement. Further, Contractor warrants and represents that it has not paid nor has it agreed to pay any company or person, other than a bona fide employee working solely for Contractor, any fee, commission, percentage, brokerage fee, gift or other consideration contingent upon or resulting from the award or making of this Agreement. For breach or violation of this warranty, City shall have the absolute and unfettered right to rescind this Agreement without liability or penalty. For the term of this Agreement, no member, officer or employee of City, during the term of his or her service with City, shall have any direct interest in this Agreement, or obtain any present or anticipated material benefit arising therefrom.

Exhibit 2 112

Section 12. Independent Contractor.
a. The Parties acknowledge, understand and agree that Contractor and Contractor's employees, subcontractors, subconsultants and agents and all persons or entities acting on Contractor's behalf in the performance of this Agreement are independent contractors and not employees, officers or officials of the City.

Contractor, by virtue of this Agreement, has no authority to bind or incur any obligation on behalf of City. Contractor has no authority or responsibility to exercise any rights or power vested in City. No agent, officer, or employee of City is to be considered an employee of Contractor. It is understood by both Contractor and City that this Agreement shall not, under any circumstances, be construed or considered to create an employer-employee relationship or a joint venture. b. Contractor, its agents, officers, subcontractors and employees are and, at all times during the term of this Agreement, shall represent and conduct themselves as independent contractors and not as employees, officials or officers of the City. c. Contractor shall determine the method, details and means of performing the Work.

Contractor shall be responsible to City only for the requirements and results specified in this Agreement or any individual Work Order. Contractor has control over the manner and means of performing the services under this Agreement.

Contractor is permitted to provide services to others during the same period as it provides services to City under this Agreement.
d. If, in the performance of this Agreement, any third persons are employed by Contractor, such persons shall be entirely and exclusively under the direction, supervision, and control of Contractor. All terms of employment including hours, wages, working conditions, discipline, hiring, and discharging or any other term of employment or requirement of law shall be determined by the Contractor. e. As an independent contractor, Contractor hereby indemnifies and holds City harmless from any and all claims that may be made against City based upon any contention by any third party that an employer-employee relationship exists by reason of this Agreement.

Section 13. Conflicts of Interest. Contractor hereby warrants for itself, its employees, and subcontractors that those persons presently have no interest and shall not obtain any interest, direct or indirect, which would conflict in any manner with the performance of the services contemplated by this Agreement. No person having such conflicting interest shall be employed by or associated with Contractor in connection with this project.

Contractor hereby warrants for itself, its employees, and subcontractors that no such person shall engage in any conduct which would constitute a conflict of interest under any City ordinance, state law or federal statute. Contractor agrees that a clause substantially similar to this Section shall be incorporated into any sub-contract that Contractor executes in connection with the performance of this Agreement.

Exhibit 2 113

2022

RECITALS
This First Amendment is made and entered into with respect to the following facts:

SECTION 1. Section 4b. (COMPENSATION) of the Master Agreement is hereby 1 Exhibit 2 114

HUNDRED FIFTEEN THOUSAND TWO HUNDRED NINETY-FOUR DOLLARS ($115,294) which shall be effective as of January 1, 2023 and shall continue through the remainder of the Term and any additional extensions.

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

CITY: CONTRACTOR:

CITY OF BELL GARDENS GREENTECH LANDSCAPE, INC.

By: By:

Michael B. O'Kelly, City Manager
Name-
Title-
Date- Date:

APPROVED AS TO FORM:

By:

Rick Olivarez, City Attorney
Date-
3 Exhibit 2 116

EXHIBIT "A"

MASTER AGREEMENT
4 Exhibit 2 117

EXHIBIT "B"

CPI REQUEST LETTER
5 Exhibit 2 118

Section 14. Non-Discrimination. During the performance of this Agreement, Contractor and its subcontractors shall not unlawfully discriminate against any employee or applicant for employment because of race, religion, color, national origin, ancestry, physical handicap, medical condition, marital status, age (over 40) or set. Contractor and subcontractors shall ensure that the evaluation and treatment of their employees and applicants for employment are free of such discrimination. Contractor and subcontractors shall comply with the provisions of the Fair Employment and Housing Act (Gov. Code, Section 12990 et seq.) and the applicable regulations promulgated hereunder(California Code of Regulations, Title 2, Section 7285.0 et seq.). The applicable regulations of the Fair Employment and Housing Commission implementing Government Code, Section 12990, set forth in Chapter 5 of Division 4 of Title 2 of the California Code of Regulations are incorporated into this Contract by reference and made a part hereof as if set forth in full. Contractor and its subcontractors shall give written notice of their obligations under this clause to labor organizations with which they have a collective bargaining or other agreement. This Contract shall include the nondiscrimination and compliance provisions of this clause in all subcontracts to perform work under this Agreement.

Section 15. Indemnification.
a. To the fullest extent permitted by law, Contractor hereby agrees, at its sole cost and expense, to defend, protect, indemnify, and hold harmless City and City's elected and appointed officials, officers, attorneys, agents, employees, volunteers, successors, and assigns (collectively "Indemnitees") from and against any and all damages, costs, expenses, liabilities, claims, demands, causes of action, proceedings, expenses, judgments, penalties, liens, and losses of any nature whatsoever, including fees of accountants, attorneys, or other professionals and all costs associated therewith (collectively"Liabilities"), arising or claimed to arise, directly or indirectly, out of, in connection with, resulting from, or related to any act, failure to act, error, or omission of Contractor or any of Contractor's officers, agents, servants, employees, subcontractors, materialmen, suppliers or their officers, agents, servants or employees, arising or claimed to arise, directly or indirectly, out of, in connection with, resulting from, or related to this Agreement and the performance or failure to perform any term, provision, covenant, or condition of the Agreement, including this indemnity provision. This indemnity provision is effective regardless of any prior, concurrent, or subsequent active or passive negligence by Contractor and shall operate to fully indemnify Indemnitees against any such negligence. This indemnity provision shall survive the termination of the Agreement and is in addition to any other rights or remedies which Indemnitees may have under the law or elsewhere under this Agreement.

Payment is not required as a condition precedent to an Indemnitee's right to recover under this indemnity provision, and an entry of judgment against any one or more of the Indemnitees shall be conclusive in favor of the Indemnitees' right to recover under this indemnity provision. Contractor shall pay Indemnitees for any attorney's fees and costs incurred in enforcing this indemnification provision.

Notwithstanding the foregoing, nothing in this instrument shall be construed to Exhibit 2 119

encompass (a) Indemnitees' sole negligence or willful misconduct to the limited extent that the underlying Agreement is subject to Civil Code § 2782(a), or (b) the contracting public agency's active negligence to the limited extent that the underlying Agreement is subject to Civil Code § 2782(b). This indemnity is effective without reference to the existence or applicability of any insurance coverage(s)which may have been required under the Agreement or any additional insured endorsements which may extend to Indemnitees. Accountants, attorneys, or other professionals employed by Indemnitor to defend Indemnitees shall be shall be selected by Indemnitees. Contractor, on behalf of itself and all parties claiming under or through it, hereby waives all rights of subrogation and contribution against the Indemnitees, while acting within the scope of their duties, from all claims, losses and liabilities arising out of or incident to activities or operations performed by or on behalf of the Indemnitor regardless of any prior, concurrent, or subsequent active or passive negligence by the Indemnitees. b. Contractor's obligations under this or any other provision of this Agreement will not be limited by the provisions of any workers compensation act or similar act.

Contractor expressly waives its statutory immunity under such statutes or laws as to the Indemnities.
c. Contractor agrees to obtain executed indemnity agreements with provisions identical to those in this Section from each and every subcontractor or any other person or entity involved by, for, with or on behalf of Contractor in the performance of this Agreement. In the event Contractor fails to obtain such indemnity obligations for the benefit of City, Contractor agrees to be fully responsible and indemnify, hold harmless and defend City, its officers, agents, employees and volunteers from and against any and all claims and losses, costs or expenses for any damage due to death or injury to any person and injury to any property resulting from any alleged, intentional, reckless, negligent or otherwise wrongful acts, errors or omissions of Contractor or any of its officers, employees, servants, agents, subcontractors, volunteers or any other person or entity involved by, for, with or on behalf of Contractor in the performance of this Agreement. Such costs and expenses shall include reasonable attorneys' fees incurred by counsel of .City's choice.
d. City does not, and shall not; waive any rights that it may possess against Contractor because of the acceptance by City, or the deposit with City, of any insurance policy or certificate required pursuant to this Agreement. This hold harmless and indemnification provision shall apply regardless of whether or not any insurance policies are determined to be applicable to the claim, demand, damage, liability, loss, cost or expense. Contractor agrees that Contractor's covenant under this Section shall survive the termination of this Agreement. e. Contractor shall fully comply with the workers' compensation laws regarding Exhibit 2 120

Contractor and Contractor's employees. Contractor further agrees to indemnify and hold City harmless from any failure of Contractor to comply with applicable workers' compensation laws. City shall have the right to offset against the amount of any fees due to Contractor under this Agreement any amount due to City from Contractor as a result of Contractor's failure to promptly pay to City any reimbursement or indemnification arising under this Section.

Section 16. Insurance.
a. Contractor shall at all times during the term of this Agreement carry, maintain, and keep in full force and effect, insurance as follows:

1. Commercial General Liability Insurance with minimum limits of One Million Dollars ($1,000,000)for each occurrence and in the aggregate for any personal injury, death, loss or damage.

3. Worker's Compensation insurance as required by the State of California. b. Contractor shall require each of its subconsultants or subcontractors to maintain insurance coverage that meets all of the requirements of this Agreement. c. The policies required by this Agreement shall be issued by an insurer admitted in the State of California and with a rating of at least A:VI I in the latest edition of Best's Insurance Guide.
d. Contractor agrees that if it does not keep the insurance required in this Agreement in full force and effect, City may either immediately terminate this Agreement or, if insurance is available at a reasonable cost, City may take out the necessary insurance and pay, at Contractor's expense, the premium thereon. e. Prior to commencement of work under this Agreement, Contractor shall file with City's Risk Manager a certificate or certificates of insurance showing that the insurance policies are in effect and satisfy the required amounts and specifications required pursuant to this Agreement.
f. Contractor shall provide proof that policies of insurance expiring during the term of this Agreement have been renewed or replaced with other policies providing at least the same coverage. Such proof will be furnished at least two weeks prior to the expiration of the coverages.

Exhibit 2 121

g. The general liability and automobile policies of insurance shall contain an endorsement naming City, its elected officials, officers, agents, employees, attorneys, servants, volunteers, successors and assigns as additional insureds.

All of the policies shall contain an endorsement providing that the policies cannot be canceled or reduced except on thirty (30) days' prior written notice to City.

Contractor agrees to require its insurer to modify the certificates of insurance to delete any exculpatory wording stating that failure of the insurer to mail written notice of cancellation imposes no obligation, and to delete the word "endeavor" with regard to any notice provisions.
h. The insurance provided by Contractor shall be primary to any other coverage available to City. Any insurance or self-insurance maintained by City, its officers, employees, agents or volunteers, shall be in excess of Contractor's insurance and shall not contribute with it.
i. All insurance coverage provided pursuant to this Agreement shall not prohibit Contractor, and Contractor's employees, agents, subcontractors, or volunteers from waiving the right of subrogation prior to a loss. Contractor hereby waives all rights of subrogation against City.
j. Any deductibles or self-insured retentions must be approved by City. At the option of City, Contractor shall either reduce or eliminate the deductibles or self-insured retentions with respect to City, or Contractor shall procure a bond guaranteeing payment of losses and expenses.
k. If Contractor is a Limited Liability Company, general liability coverage must be amended so that the Limited Liability Company and its managers, affiliates, employees, agents, and other persons necessary or incidental to its operation are insureds.

I. Procurement of insurance by Contractor shall not be construed as a limitation of Contractor's liability or as full performance of Contractor's duties to indemnify, hold harmless and defend under Section 15 of this Agreement.

Section 17. Records and Inspection. Contractor shall keep, and require subcontractors to keep, such books and records as shall be necessary to document the performance of the Work and enable the City to evaluate the performance the Work. The Contract Officer shall have full and free access to such books and records at all times during normal business hours of City, including the right to inspect, copy, audit, and make records and transcripts from such records. Such records shall be maintained for a period of four (4) years following completion of the services hereunder, and the City shall have access to such records in the event any audit is required.

Exhibit 2 122

Section 18. Termination.
a. Termination for Convenience. City may immediately terminate this Agreement for convenience, without cause and without penalty or liability at any time upon the issuance of written notice to Contractor specifying the effective date of such termination. Such termination for convenience shall be made in writing signed by the City Representative. Contractor may only terminate this Agreement for cause. b. Termination for Cause. In the event either Party fails to perform any duty, obligation, service or task set forth under this Agreement or any Work Order (or fails to timely perform or properly perform any such duty, obligation, service or task set forth under this Agreement or any Work Order), an event of default(hereinafter, "Event of Default") shall occur. For all Events of Default, the Party alleging an Event of Default shall give written notice to the defaulting Party (hereinafter referred to as a "Default Notice") which shall specify: (i) the nature of the Event of Default; (ii)the action required to cure the Event of Default; (iii) a date by which the Event of Default shall be cured, which shall not be less than the applicable cure period set forth under subsection 19(b)(2) below or if a cure is not reasonably possible within the applicable cure period, to begin such cure and diligently prosecute such cure to completion. The Event of Default shall constitute a breach of this Agreement if the defaulting Party fails to cure the Event of Default within the applicable cure period or any extended cure period allowed under this Agreement.

An Event of Default shall include, but shall not be limited to the following: (i) Contractor's failure to fulfill or perform its obligations under this Agreement within the specified time or if no time is specified, within a reasonable time; (ii) Contractor's and/or its employees' disregard or violation of any federal, state, local law, rule, procedure or regulation; (iii) the initiation of proceedings under any bankruptcy, insolvency, receivership, reorganization, or similar legislation as relates to Contractor, whether voluntary of involuntary; (iv) Contractor's refusal or failure to perform or observe any covenant, condition, obligation or provision of this Agreement; and/or (v) CITY's discovery that a statement representation or warranty by Contractor relating to this Agreement is false or erroneous in any material respect, including any statement, representation or warranty set forth in the Equipment Specifications.

1. Contractor shall cure the following Events of Defaults within the following time periods:
i. Within three (3) business days of City's issuance of a Default Notice for any failure of Contractor to timely provide City or City's employees or agents with any information and/or written reports, documentation or work product which Contractor is obligated to provide to City or City's employees or agents under this Agreement. Prior to the expiration of the 3-day cure period, Contractor may submit a written request for Exhibit 2 123

additional time to cure the Event of Default upon a showing that Contractor has commenced efforts to cure the Event of Default and that the Event of Default cannot be reasonably cured within the 3-day cure period. The foregoing notwithstanding, City shall be under no obligation to grant additional time for the cure of an Event of Default under this subsection that exceeds seven (7) calendar days from the end of the initial 3-day cure period; or
ii. Within thirty (30) calendar days of City's issuance of a Default Notice for any other Event of Default under this Agreement. Prior to the expiration of the 30-day cure period, Contractor may submit a written request for additional time to cure the Event of Default upon a showing that Contractor has commenced efforts to cure the Event of Default and that the Event of Default cannot be reasonably cured within the 30-day cure period. The foregoing notwithstanding, City shall be under no obligation to grant additional time for the cure of an Event of Default under this subsection that exceeds thirty (30) calendar days from the end of the initial 30-day cure period.

If an Event of Default relates to a material falsehood or misrepresentation that is not susceptible to a cure, City in its sole and absolute discretion may elect to treat the falsehood or misrepresentation as a breach of this Agreement or waive the falsehood or misrepresentation. The foregoing notwithstanding, the prior waiver of a falsehood or misrepresentation as an Event of Default shall not operate as a waiver or any other falsehood or misrepresentation later discovered by City.

2. Except as otherwise specified in this Agreement, City shall cure any Event of Default asserted by Contractor within thirty (30) calendar days of Contractor's issuance of a Default Notice, unless the Event of Default cannot reasonably be cured within the 30-day cure period. Prior to the expiration of the 30-day cure period, City may submit a written request for additional time to cure the Event of Default upon a showing that City has commenced its efforts to cure the Event of Default and that the Event of Default cannot be reasonably cured within the 30-day cure period. The foregoing notwithstanding, an Event of Default dealing with City's failure to timely pay any undisputed sums to Contractor shall be cured by City within five (5) calendar days from the date of Contractor's Default Notice to City.

3. City, in its sole and absolute discretion, may also immediately suspend Contractor's performance under this Agreement or any individual Worts Order (or the performance of any specific task or function performed by Contractor under this Agreement or any individual Work Order) pending Contractor's cure of any Event of Default by giving Contractor written notice of City's intent to Exhibit 2 124

suspend Contractor's performance (hereinafter, a "Suspension Notice"). City may issue the Suspension Notice at any time upon the occurrence of an Event of Default. Upon such suspension, Contractor shall be compensated only for those services and tasks which have been rendered by Contractor to the reasonable satisfaction of City up to the effective date of the suspension. No actual or asserted breach of this Agreement on the part of City shall operate to prohibit or otherwise restrict City's ability to suspend this Agreement as provided herein.

In addition to any other remedies available to City at law or under this Agreement in the event of any breach of this Agreement, City, in its sole and absolute discretion, may also pursue any one or more of the following remedies:
i. Upon written notice to Contractor, the City may immediately terminate this Agreement in whole or in part;
ii. Upon written notice to Contractor, the City may extend the time of performance;
iii. The City may proceed by appropriate court action to enforce the terms of the Agreement to recover damages for Contractor's breach of the Agreement or to terminate the Agreement; or
iv. The City may exercise any other available and lawful right or remedy.

Contractor shall be liable for all legal fees plus other costs and expenses that City incurs upon a breach of this Agreement or in the City's exercise of its remedies under this Agreement.

6. In the event City is in breach of this Agreement, Contractor's sole remedy shall be the suspension or termination of this Agreement and/or the recovery of any Exhibit 2 125

unpaid sums lawfully owed to Contractor under this Agreement for completed services and tasks. In no event shall Contractor be entitled to receive more than the amount that would be paid to Contractor for the full performance of the services required by this Agreement.

Section 19. Force Majeure. The Completion Date shall be extended in the event of any delays due to unforeseeable causes beyond the control of Contractor and without the fault or negligence of Contractor, including but not limited to severe weather, fires, earthquakes, floods, epidemics, quarantine restrictions, riots, strikes, freight embargoes, wars, litigation, and/or acts of any governmental agency, including the City, if the Contractor shall within three (3) calendar days of the commencement of such delay notify the City Representative in writing of the causes of the delay. The City Representative shall ascertain the facts and the extent of delay, and extend the time for performing the services for the period of the enforced delay when and if in the judgment of the City Representative such delay is justified. The City Representative's determination shall be final and conclusive upon the parties to this Agreement. In no event shall Contractor be entitled to recover damages against the City for any delay in the performance of this Agreement, however caused, Contractor's sole remedy being extension of the Agreement pursuant to this Section.

Section 20. Notices. Any notices, bills, invoices, or reports required by this Agreement shall be deemed received on: (a) the day of delivery if delivered by hand or overnight courier service during Contractor's and City's regular business hours; or (b) on the third business day following deposit in the United States mail, postage prepaid, to the addresses heretofore below, or to such other addresses as the parties may, from time to time, designate in writing.

If to City: If to Contractor:

City of Bell Gardens Greentech Landscape Inc.

Department of Public Works 13560 Telegraphs Rd.
7100 Garfield Avenue Whittier, CA 90605
Bell Gardens, CA 92688 Phone: (800) 420-1962
Phone: (562)806-7700 Fax: (818) 988-4934
Attn: Public Works Director Attn: Juan Sanchez
Exhibit 2 126

With a courtesy copy to:

Rick Olivarez, City Attorney
Olivarez Madruga Lemieux O'Neill,
LLP
500 S. Grand Ave. Floor 12
Los Angeles, CA 90071
Telephone: (213)744-0099
Facsimile: (213)744-0093
Section 21. Prohibition. Contractor shall not delegate, transfer, subcontract or assign its duties or rights hereunder, either in whole or in part,without City's prior written consent, and any attempt to do so shall be void and of no effect. City shall not be obligated or liable under this Agreement to any party other than Contractor.

Section 22. Attorneys' Fees. In the event that City or Contractor commences any legal action or proceeding to enforce or interpret the provisions of this Agreement, the prevailing Party shall be entitled to recover its costs of suit, including reasonable attorneys' fees.

Section 23. Entire Agreement. All documents referenced as exhibits in this Agreement are hereby incorporated in this Agreement. Except as expressly provided in this Agreement or its Exhibits, in the event of any conflict or inconsistency between the express provisions of this Agreement and provisions of any document incorporated by reference, the provisions of this Agreement shall prevail and control. This instrument contains the entire Agreement between City and Contractor with respect to the subject matter herein. No other prior oral or written agreements are binding on the parties. Any modification of this Agreement will be effective only if it is in writing and executed by City and Contractor.

upon the construction or interpretation of any provision herein.

TO EFFECTUATE THIS AGREEMENT, the parties have caused their duly authorized representatives to execute this Agreement on the dates set forth below. "City"
"Contractor"
CITY OF BELL GARDENS: GREENTECH LANDSCAPE, INC.:

B
By,
y
Michael B. O'Kelly, ity Manager
Date: Date
,..1� .� � � c_ .
� �'` ' c�'
APPROVED AS TO FORM:

By
Rick Olivarez, City Attorney
Exhibit 2 129

l ® GATE(MMfDDIYYY1)
CERTIFICATE OF LIABILITY INSURANCE 11/5/2019
A
THIS CERTIFICATE IS ISSUED AS A MATTER OF INFORMATION ONLY AND CONFERS NO RIGHTS UPON THE CERTIFICATE HOLDER. THIS

CERTIFICATE,DOES NOT AFFIRMATIVELY OR NEGATIVELY AMEND, EXTEND OR ALTER THE COVERAGE AFFORDED BY THE POLICIES BELOW. THIS CERTIFICATE OF INSURANCE DOES NOT CONSTITUTE A CONTRACT BETWEEN THE ISSUING INSURER(S), AUTHORIZED REPRESENTATIVE OR PRODUCER,AND THE CERTIFICATE HOLDER.

IMPORTANT: If the certificate holder is an ADDITIONAL INSURED,the policy(ies}must be endorsed. If SUBROGATION IS WAIVED,subject to the terms and conditions of the policy,certain policies may require an endorsement. A statement on this certificate does not confer rights to the certificate holder in lieu of such endorsement s).

CONTACT Rhonda Scow, CISR
PRODUCER NAME ._._ -- - ---
Landscape Contractors (Lic#0755906) PHONE (559)650-3555 AIC,_No) (559)650 3558 PH No,C (
E-MAIL
Insurance Services, Inc.
u. AIL ,,..scow@lcisinccom
. ,..m...... ,.. __.._ ---._._._ ,,. ..._. 1835 N. Fine Avenue lNsuR,._"R_.)_ GE ,, I . .Nac _.,_.. .., . ._..._.- ER S AFFORDING COVERAGE
Fresno CA 93727 INSURERAAtain Specialty Ins Co 17159 .._.... _ �- ...

INSURED INSURER," ...._.",._ .... ,,,,_ Greentech Landscape Inc. INSURE Rc . —
P.O. Box 911124 INSURER.P ..m... � .. � ..

INSURER E ,�..,......... ..�,...._ ..., -------- ._...... ".

Los Angeles CA 90091 INSURERF:

COVERAGES CERTIFICATE NUMBER:19-20 Pkg _ REVISION NUMBER:

THIS IS TO CERTIFY THAT THE POLICIES OF INSURANCE LISTED BELOW HAVE BEEN ISSUED TO THE INSURED NAMED ABOVE FOR THE PO7WHICHTHIS INDICATED. NOTWITHSTANDING ANY REQUIREMENT,TERM OR CONDITION OF ANY CONTRACT OR OTHER DOCUMENT WITH RESPECT TOCERTIFICATE MAY BE ISSUED OR MAY PERTAIN, THE INSURANCE AFFORDED BY THE POLICIES DESCRIBED HEREIN IS SUBJECT TO ALL EXCLUSIONS AND CONDITIONS OF SUCH POLICIES.LIMITS SHOWN MAY HAVE BEEN REDUCED BY PAID CLAIMS.

INSRR TYPE OF INSURANCE- - ADDLISUBR POLICY NUMBER---- -MMIDD......�YF MMI�UY EYX'k"' -

1. LIMBS
�"x COMMERCIAL GENERAL LIABILITY EACH OCCURRENCE $ 3'_ D00 .._ LAMPREMISES O RENTED 3
A CLAIMS-MADE � OCCUR M D EXP(Any one parson $ 00 000 X Y CIP384117 3/27/2019 3/27/2020 ) $ 5,000 .. .. _ 1 000,000
' X $1�.000 PD DED PERSONAL&ADV INJURY $ r �_ _ „ .._
GEN'L AGGREGATE LIMIT APPLIES PER: GENERAL AGGREGATE $® 2,000,000 .. -
PRO- PRODUCTS COMP/OP AGG $ 2,000,000 X I POLICY�JECT � LOC
OTHER: Employee Benefits $ 1,000 000...

AUTOMOBILE LIABILITY COMBINED SINGLE LIMIT $ BODILY INJURY(Per person) $
ANY AUTO _._ _
ALL OWNED SCHEDULED BODILY INJURY(Per accident) $ AUTOS �."_ AUTOS
NON-OWNED PROPERTY DAMAGE
r,Perdnt, $
HIRED AUTOS �AUTOS i accie ...
$
I I
UMBRELLA LIAB L OCCUR EACH OCCURRENCE $ „ ....... , . ...._
EXC
ESS LIAB I CLAIMS-MADE

AGGREGATE
S
DED RETENTION$ $
WORKERS-COMPENSATION" PER TATU j OTH- 1 I I I
AND EMPLOYERS'LIABILITY �E,- E�R � � _, ANY PROPRIETORIPARTNERIEXECUTIVE Ya N 1 A E L EACH ACCIDENT $ OFFICERIMEMBER EXCLUDED? E L DISEASE.-EA EMPLOYEh $ (Mandatory in NH) _ ..........

If yes,describe under E.L.DISEASE-POLICY LIMIT �S DESCRIPTION OF OPERATIONS below
DESCRIPTION OF OPERATIONS I LOCATIONS I VEHICLES (ACORD 101,Additional Remarks Schedule,may be attached If more space is required) RE: All .landscape operations performed by or on behalf of the named insured (See attached CG20330413 & CG24040509 & AF001397(07/16)).

City of Bell Gardens, its officers, agents, employees and volunteers (Excluding Professional Liability) are named as additional insured As required by written contract CERTIFICATE HOLDER CANCELLATION

SHOULD ANY OF THE ABOVE DESCRIBED POLICIES BE CANCELLED BEFORE City of Bell Gardens THE EXPIRATION DATE THEREOF, NOTICE WILL BE DELIVERED IN Department Of Public -Works ACCORDANCE WITH THE POLICY PROVISIONS.

Exhti C D 25(2014/01) The ACORD name and logo are registered marks of ACORD 5(201401) 130
'

-................................

Policy Number:CIP384117 COMMERCIAL GENERAL LIABILITY CG 20 33 04 13
THIS ENDORSEMENT CHANGES THE POLICY. PLEASE.READ IT CAREFULLY.

ADDITIONAL INSURED - OWNERS, LESSEES OR

CONTRACTORS AUTOMATIC STATUS WHEN

REQUIRED IN CONSTRUCTION AGREEMENT WITH YOU
This endorsement modifies insurance provided under the following:

COMMERCIAL GENERAL LIABILITY COVERAGE PART
A. Section II — Who Is An Insured is amended to B. With respect to the insurance afforded to these include as an additional insured any person or additional insureds, the following . additional organization for whore, you are performing exclusions apply:
operations when you and such person or This insurance does not apply to:
organization have agreesl in writing in a contract or
agreement. that such person or organization be 1. "Bodily injury", "'property da mage" or t of the personal
added as an additional insured on your policy. and advertising injury" arising out .

Such person or organization is an additional rendering of, or the failure to render, any insured only with respect to liability for "bodily professional architectural, engineering or injury", "property damage" or "personal and surveying services, including:
advertising injury"caused, in whole or in part, by: a. The preparing, approving, or failing to

1. Your acts or omissions; or prepare or approve, maps, shop drawings, opinions, reports, surveys, field orders,

2. The acts or omissions of.those acting on your change orders or drawings and behalf; specifications; or
in the performance of your ongoing operations for b. Supervisory, inspection, architectural or the additional insured. engineering activities_ However, the insurance afforded to such 'This exclusion applies even if the claims against additional insured: any insured allege negligence or other wrongdoing

1. Only applies to the extent permitted by law; in the supervision, hiring, employment, training or and monitoring of others by that insured, if the

2. Will not be broader than that which you are "occurrence" which caused the "bodily injury" or "property damage", or the offense which caused
required by the contract or agreement to
provide for such additional insured. the "personal and advertising injury", involved the rendering of or the failure to render any
A. person's or organization's states as an professional architectural, engineering or additional insured Linder this endorsement ends surveying services. when your operations for that additional insured
are completed.

Exhibit 2 CG 20 33 04 13 0 Insurance Ser:+ s Office, Inc.,'2012 Page 1 of 2

2. "Bodily injury" or "property damage" occurring Q. With respect to the insurance afforded to these after: additional insureds, the following is. added to a. All work, including materials, parts or Section III—Limits Of Insurance:
equipment furnished in connection with The most we will pay on behalf of the additional such work, on the project (other than insured is the amount of insurance:
service, maintenance or repairs) to be 1. Required by the contract or agreement you performed by or on behalf of the additional have entered into with the additional insured; insured(s) at the location of the covered or
operations has been completed; or
onion of"your work' out of which the 2. Available under the applicable Limits of b. That
p Y Insurance shown in the Declarations;
injury or damage arises has been put to its
intended use by any person or organization whichever is less. other than another contractor or This endorsement shall not increase the subcontractor engaged in performing applicable Limits of Insurance shown in the. operations for a principal as a part of the Declarations. same project.

Exhibit 2 Page 2 of 2 0 Insurance Se 1i32s Office, Inc., 2012 CG 20 33 04 13 .

............ - '_------................... ll_____......................... ....................... .. ..................... ................___- __........ ......

POLICY NUMBER-UP384117 COMMERCIAL GENERAL LIABILITY CG 124`04V6.09.

WAIVER OF TRANSFER OF RIGHTS OF RECOVERY
AGAINST OTHERS TO US:
mo'This.andotse'ment dime fi Is insurance provided under the:f6IIq ing:

COMMERCIAL GENERALUABILITY COVERAGE PART

RROQQCTS/QOMPLETEID OPERATIONS LIABILITY CQVERAGE PART

SCHEDULE
...........

NarngOf'PersomOr Organization:
,"Any person or organization:with whom the-insured has�:agreed to waive rights of recovery, provided It
such agreement is made in writing and prior to the],loss. ...............

Information required to coMfete this schedule., it not shown above,will be shown in the Declarations.

The.:fdll6wihg is added to Paragraph-8. Transfer Of
Rights, Of Recovery Against Others To Us of
Seitioftiv,-Conditions:

We,w_ai,ve:arjy tigh.t.of recovery we may have against
ainst
the ,person 'or organization . wshownin th.e.SchedWe
abo.y.e because of, payments e make for inju ry% or
".. I_
damage-arising out of your ongoing operations or
"yourwork" done. under;a-contract with that person
:or o(ganization .and Jhciuded in :the. VfodudsL
torn 'Oted operationshOzard This 'waiver aPpfies
only to the person or. organization shown in the
Schedule above:

Exhibit 2 CG 24 04.06 OR C Insurance ServM Office,Inc., 2008. Pagel of 1 13

EN.DGRSEMENT Policy Number:CIP384117
T..his-Endors.erne nt:changes the:Policy-Please Reael&Carefully

PRIMARYAND MON CONTRIBUTING INSURANCE
t$ple Negli:gencej
This endorsement modifies-coverage provided underthe..falfowing:

COMMERCIAL GENERAL LIA-BlUTY CO.VERAAGE PART
OWNERS',ND CONTRACTORS PROTECTIVf LIABIUTY COVERAGE PART

PRODUCTS COMPLETED OPERATIONS LIABIUTY COVE RAGE PART
The following,is.:added-toS:ect1 an IV—Comm erciaLGeneral LiabilityConditions,.Paragraph :

Section IV':.Commercial:General Liability Conditions

4. Other Insurance;
d. S,pecifical.ly and solely for the Third-.Partyshawn below; notwithstanding the provisions ofsubparagraphsa, b,and e of this paragraph,it is-hereby agreed-that in the event of any`fsuit"were the:damages aracaused bythe insure&sscile negligence;thisinsurance shall'be;primary.and any other insurance maintained by the.add'itidna] insured named as the Third Party.below sha11 be excess and non'-contributory.

T.he Third-Party to whom this.endorsement applies is:
"Any party for whom the insured is performing services.,at a specified project set forth:in a written contract"that(1)has been signed.by all parties,including the named insured.and the party seeking c.overage under this endorsement,and(2)has been entered into before any loss has:occurred,
Any coverage provided pursuant to this endorsement shall be subject to all other terms;conditions,exdusions:and endorsements of the policy"to which this farm is attached.

Tfie endo.tsement:s effeetive•onthe iniceptidn date of the policy unless Otherwise,stated below.

P.oli :Number.: CIP384117
'Named insured, Greentech Landscape Inc.
'Endorse.rrrent Effeeiive:Date.;. O'/ 7j�Q19
AF:.001397(07/16.) Page 1 of 1
Exhibit 2 134

DATE(MWDDNYYY).

AC RED F LIABILITY INSURANCE 11/05/2019
THIS CERTIFICATE IS ISSUED ASC MATTER OF INFORMATION� OLY AND CONFERS NO RIGHTS UPON THE CERTIFICATE HOLDER. THIS

CERTIFICATE DOES NOT AFFIRMATIVELY OR NEGATIVELY AMEND, EXTEND OR ALTER THE COVERAGE AFFORDED BY THE POLICIES BELOW. THIS CERTIFICATE OF INSURANCE DOES NOT CONSTITUTE A CONTRACT BETWEEN THE ISSUING INSURER(S), AUTHORIZED REPRESENTATIVE OR PRODUCER,AND THE CERTIFICATE HOLDER.

IMPORTANT: If the certificate holder is an ADDITIONAL INSURED,the policy(ies) must have ADDITIONAL INSURED provisions or be endorsed.

If SUBROGATION IS WAIVED, subject to the terms and conditions of the policy, certain policies may require an endorsement. A statement on this certificate does not confer ri hts to the certificate holder in lieu of such endorsement(s).

PRODUCER AXiW. Wanza Tolliver
_NAME wanza askwanza com
PHONE 310 973 6044 FAx (310)973 6088
StdteFdrm Wanza Tolliver tA�c ni ( )_ rac tio� Insurance and Financial Services Inc E-MAIL @
...ADDRESS,;... .... __ °
... ....�, i AFFORDING�. GE ......... NAIC# 15223 Crenshaw Blvd Suite B State FarmMutual.... __bl ""' p Gardena,CA 90249 INSURER A: 25178
...... --. _ .° ,. _ — . �....... .. urance Company ._ ._...... .....

INSURED INSURER B ,51E°°,,,_ ,,,,,,, ,.,.....". .�. ....._..— ,. .... ..

Greentech Landscape Inc. INSURER°c
PO Box 911124 INSURER D a, __.... ... .., --� m� ,.. ...._..

Los Angeles,CA 90091 INSURER E
,,,,INSURER F.•.,... ...._..,, .... „�,�,.. ..... ,,, ... .......".-."_..�,-a ..........-...._� COVERAGES CERTIFY THAT THE POLICIES OFINSU NUMBER:CL LISTED BELOW HAVE INDICATED.CNOTWITHSTANDING ANY REQUIREMENT, TERM OR CONDITION OF ANY CONTRACT OR OTHER DOCUMENT VA H FOR THE

CERTIFICATEREVISION NUMBER
THIS is TO
_... VE BEEN ISSUED POLICY PERIOD
I TH RESPECT TO WHICH THIS

CERTIFICATE MAY BE ISSUED OR MAY PERTAIN, THE INSURANCE AFFORDED BY THE POLICIES DESCRIBED HEREIN IS SUBJECT TO ALL THE TERMS, EXCLUSIONS AND CONDITIONS OF SUCH POLICIES.LIMITS SHOWN MAY HAVE BEEN REDUCED BY PAID CLAIMS.

TYPE OF.INSURANCE POLICY NUMBER- Q m
. _. .. IAbbL SUB R. LI Y EFF PDLICY EXP • LIMITS MMdnn
I $ __ _
COMMERCIAL GENERAL LIABILITY I EACH OCCURRENCE $ j CLAIMS-MADE OCCUR PRN�MiaES fEa oc urrence? � � MED EXPAny
one r r
n)

PERSONAL&ADV INJURY
I GENERAL AGGREGATE
GEN L AGGREGATE LIMIT APPLIES PER: I _
G LOC PRODUCTS COMP
S
POLICYJECT 5$$
654 4003-619-75 i 09/19/2019 02119/ COMBINED SINGLE LIMIT 5 OTHER: .d._....

AUTOMOBILEANY LITOABILITY I 2020 BO accident 5 _-
Y Y
2013 FORD TRUCK F150 BODILY INJURY(Perperson) s 1,000 000 A OWNED SCHEDULED BODILY INJURY(Per accident)I S 1,000 000 HIURED5ONLY �� NON OWNED �AUTOS { PROPERTY DAMAGE S 1,,000,000 AUTOS ONLY AUTOS ONLY accldent'p._
'"I
• - I I 5
UMBRELLA LIAB OCCUR EACH OCCURRENCE $
� � � I AG - _
i ; AGGREGATE
S
EXCESS LIAB CLAIMS MADE1 °° -
,�.. - ,... __ I PER .._.... ,�.r. ....� .. _ 5
I DED RETENTION$ -�-- OTH
WORKERS COMPENSATION STATUTE ER _

AND EMPLOYERS'LIABILITY
'ANY PROPRIETORIPARTNEWEXECUTIVE Y l N.I E.L EACH ACCIDENr $ ❑ N/A
OFFICERIMEMBER EXCLUDED?
[(Mandatory In NH) E:L DISEASE
,,, -EA EMPLOYE 5
). ...... ,,� ....._._
1 If yes,describe under I E.L.DISEASE-POLICY LIMIT 5 DESCRIPTION OF OPERATIONS below �...... ' �•� ...-°.�.,. mm•mm LOCATIONS {ACORD701,AdditionaiRem W-m-mmm WW-WmAIT .• " ° WW^^ ••••• m - DESCRIPTION OF OPERATIONS!LOCI A mm marks Schedule,may be attached if more space is required) Business Description:Landscaping Services
CERTIFICATE HOLDER CANCELLATIONw_m mmm

SHOULD ANY OF THE ABOVE DESCRIBED POLICIES BE CANCELLED BEFORE

THE EXPIRATION DATE THEREOF, NOTICE WILL BE ,DELIVERED IN City of Bell Gardens ACCORDANCE WITH THE POLICY PROVISIONS.

EXhACF�D 25(2016/03) The ACORD name and logo1 re registered marks of ACORD 1001486 132849.12 03-16-2016

PO Box 853922 Richardson,TX 75085-3922
6196AA WAIVER OF SUBROGATION UNDER THE LIABILITY COVERAGE This endorsement is a part of the policy. Except for the changes this endorsement makes, all other provisions of the policy remain the same and apply to this endorsement.

It is agreed that we have no right of subrogation under Liability Coverage against the person or organization whose name is shown immediately following the title of this endorsement on the Declarations Page to the extent that you have waived your legal right to recover from that person or organization pursuant to a written contract you had duly executed with that person or organization prior to the accident or loss.

Name of person(s)or Organization(s):

City of Bell Gardens
Department of Public Works
8327 Garfield Avenue
Bell Gardens, CA 90201

Page 1 of 1 ends

Bell Gardens City CouncilJuly 11, 2022

Bell Gardens City Council
July 11, 2022