Exhibit 2 132
DEFINITIONS, TERMS AND CONDITIONS
Definitions: In order to simplify and clarify the language throughout this Request for Proposals, the following definitions shall apply:
CITY: The City of Bell Gardens, CA.
CITY COUNCIL: The elected officials of the City of Bell Gardens, who have been given the authority to exercise such powers and jurisdiction on all City business as conferred by the State Constitution and Laws.
CONTRACT: An agreement between the City and the selected firm to furnish supplies and/or services over a designated period during which repeated purchases are made of the commodity and/or service specified.
RFP: Request for Proposal.
FIRM/CONSULTANT: Organization offering a proposal in response to this RFP.
Proposal Terms and Conditions:
Electronic Documents
Consultants may be supplied with the original RFP documents in electronic form to aid in the preparation of proposal(s). By accepting these electronic documents, each Consultant agrees not to edit or change the language or format of these documents. Submission of a proposal by consultants signifies full agreement with this requirement.
Receipt of Proposals
Submitted proposal(s) must be properly addressed and received by the City prior to the date and time specified. The mere fact that the proposal was dispatched will not be considered; the Consultant must ensure that the proposal is delivered.
Proposals received after the date and time specified shall be returned and will be considered void and unacceptable. The City is not responsible for the lateness of the mail carrier, etc.; and the time/date stamp of receipt by the City Clerk's Office shall be the official time of receipt.
Alterations
Proposals documents cannot be physically altered or amended after the closing date.
Alterations made before closing must be initialed by the Consultant to guarantee authenticity.
Proposals may not be withdrawn after the proposal closing date and each Consultant agrees to this stipulation upon submittal of its proposal. However, all proposals are subject to negotiation before a contract is awarded as further described below.
Questions and Inquiries
To ensure a fair and objective RFP process and evaluation, all questions and inquiries related to this RFP shall be addressed in writing to Steven Jones, City Planner. The deadline for written questions and inquiries is Thursday, August 11, 2022. City Hall is open Monday through Thursday from 7.30 AM to 6.00 PM.
Communication
Exhibit 2 133
The City shall not be responsible for any verbal communication between any employee of the City and any proposing firm. Only written requirements and qualifications will be considered.
No oral statement of any person shall modify or otherwise change, or affect the terms, conditions, or specifications stated in the resulting contract. All change orders to the contract will be made in writing by the City Manager.
Reservations
The City reserves the right to accept or reject any or all proposals received because of this request, to negotiate with all qualified sources, or to cancel, in part or in its entirety, this Request for Proposal if found in the best interest of the City.
Reimbursements
All costs incurred in the preparation of a proposal, the submission of additional information, and/or any other aspect of preparing a proposal will be borne by the Consultant.
Certification
Any proposal which does not contain all the information requested in this RFP will be considered incomplete and may be rejected by the City.
Funding
The City operates and is funded on a fiscal year basis. Accordingly, the City reserves the right to terminate, without any liability, any contract for which funding is not available.
Negotiations
Negotiations may be conducted with responsible firms who submit proposals that are reasonably susceptible of being selected. All firm(s) reasonably susceptible of being selected based on criteria set forth in this RFP may be given an opportunity to make a presentation and/or interview. Although this process will ultimately result in the award of a single contract, the City reserves the right to negotiate a contract with more than one firm.
Additional Information
During the proposal evaluation process, the City reserves the right, where it may serve the City's best interest, to request additional information or clarifications from proposers. The City also reserves the right to investigate the qualifications of the firm(s) as it deems appropriate.
RFP
Proposers should be aware that the RFP and the contents of the successful proposal will become a part of any subsequent contractual documents that may arise from this RFP. In the case of a discrepancy between the RFP and the firm's proposal, the contract will supersede.
All data, documents and other products used during the life of the project shall remain in the public domain upon the project's completion. Similarly, all responses to this RFP shall become the property of the City and will be retained or disposed of in the City's discretion.
Award of the Contract
Award of the contract will be by the City Council at a public meeting.
Exhibit 2 134
BACKGROUND
The City of Bell Gardens is located within Los Angeles County and is a General Law City governed by an elected five-member City Council that appoints the City Manager.
The subject site ("Site") is located at 5614, 5622, and 5636 Shull Street, contains the following seven parcels:
1) APN 6227-034-900
2) APN 6227-034-901
3) APN 6227-034-902
4) APN 6227-034-903
5) APN 6227-034-904
6) APN 6227-034-905
7) APN 6227-034-906
The City is seeking the services of an experienced professional consulting firm to provide administrative services within ECRG program implementation. The assistance to be provided by the consultant is necessary to ensure the City's proper and timely expenditure of program funds and compliance with other regulatory program requirements.
Department of Toxic Substances Control ("DTSC") / ECRG monies will be utilized to fund the services of the selected firm and the expenditure of such funds shall adhere to all applicable Federal, State, County/CDA, and local regulations.
SCOPE OF SERVICES
Based on a previous consultant's Revised Supplemental Site Assessment and Human Health Risk Assessment Report (SSA Report)dated July 13, 2022, and other information provided to the City in support of the ECRG application, the contracted individual or firm shall provide staffing and other resources as required to assist the City with the administrative functions of the Site for purposes of residential development, including:
1. Coordination between the parties involved, including DTSC, Water Board, City of Bell Gardens and Contractors.
2. Oversee invoicing and budget management.
3. Submit quarterly reports to DTSC.
4. Oversee ECRG commitments.
5. Oversee community engagement.
6. Track permits and approvals.
Exhibit 2 135
7. Assist in Final Report preparation.
8. Record retention and availability to oversight entities.
9. Provide required reconciliation with Grant commitments by Applicant.
10.Track project schedule and notify City and advisory team and adjust for grant timeliness.
11.Project close out of remediation and clean up.
Factors for consideration:
Ideal candidate will have knowledge in DTSC, ECRG, RWQCB, Site knowledge, community experience and project experience and City administrative responsibilities, as well as affordable housing building experience, public planning and building experience, understand development requirements, development financing, construction implementation, project sales and leasing, and project close out
PROPOSAL FORMAT AND CONTENT REQUIREMENTS
Requirements
The following instructions describe the form in which proposals must be submitted.
Responses to the following items will be used for proposal evaluation. Proposals which do not contain responses to each of the requirement items will be considered incomplete and may be rejected.
Proposal documents should provide a straightforward, concise description of the firm's capabilities to satisfy the requirements of this RFP. Emphasis should be on completeness, clarity of content, and conveyance of the information requested by the City. The requirements stated do not preclude a firm from furnishing additional reports, functions, and costs as deemed appropriate.
Four copies of your response, two (2) bound, one (1) unbound and (1) electronic version (emailed to cit clerkd sk(-bellgardens.org and Blanes(-bellgardens.org), m ust be subm itted no later than 5.00 p.m. on Monday, August 15, 2022 to the City Clerk's Office. The electronic version of the proposal must be an exact duplicate of the hard copies. If the proposal includes any comments over and above the specific information requested in this RFP, such information should be included as a separate appendix and placed at the end of the proposal.
The proposal must contain the following five (5) elements describing how the Consultant will perform the assignment:
Exhibit 2 136
1. Technical
Technical Proposals will contain, at a minimum: a) an executive summary b) a description of the approach to be taken in addressing the scope of work, c) a listing of the specific tasks required to properly perform the services, and d) a timeline from inception to completion. (ECRG funding ends June 29, 2024)
2. Management and Staffing
Describe the management and staffing configuration to be utilized to complete the scope of work. Resumes of all proposed personnel must be included. The proposal must indicate who will have primary responsibility for this project and experience on similar projects.
3. Prior Related Firm Experience
Firms or individuals must demonstrate competence, experience, and capability to satisfactorily perform the scope of work within the grant funding duration. A description of the Firm's related work experiences should be included.
A list of at least three (3) recent references, including local government agencies where a similar service is or has been provided and any private clients, including names and telephone numbers of the firm and the key managers and professionals assigned to the project.
4. Cost and Pricing
Proposals shall include staff hourly rates, plus overhead, fees, travel and any additional project costs proposed. Prices quoted must remain firm throughout the contract period.
Cost proposals for scope of all services must be submitted with the proposal and all items must be itemized in detail. The approximate costs should be based on specified assumptions and experience within similar projects.
In addition, an hourly fee schedule shall be submitted with the proposal. In the event that the scope of work is substantially modified, the extra cost or credit shall be negotiated based on the submitted hourly rates.
5. Additions or Exceptions
A single and separate section with the heading "ADDITIONS OR EXCEPTIONS TO THE CITY'S REQUEST FOR PROPOSAL" containing a complete and detailed
Exhibit 2 137
description of all the consultant's exceptions to the provisions and conditions of the attached City contract.
EVALUATION CRITERIA
The award of this agreement will be made to the most qualified firm/individual whose proposal complies with the prescribed requirements. The City reserves the right to reject any and all proposals, and to waive any technical errors, irregularities, or discrepancies, if to do so is deemed to serve the best interests of the City. In no event will an award be made until all necessary investigations are made as to the responsibility and qualifications of the firm/individual(s) to whom it is proposed to make such award.
Proposals will be reviewed and evaluated by Community Development Director and City staff, and ranked based on the following considerations:
• Demonstrate familiarity with site conditions (recent site reports are available on Envirostore)
• Technical approach to scope of work
• Experience of proposed personnel and the firm in providing administrative and remediation services
• Minority Ownership/Employment as defined by the County of Los Angeles Community Development Authority and HUD
• Cost and pricing and City's agreement with the consultant's proposed revisions to the City contract
If further clarifications or negotiations are required, on-site interviews may be conducted.
Participation in these interviews will be at the expense of the individual firms. The Selection Panel will be made up of staff members or representatives from the City. Recommendations will be forwarded to the City Council for final selection and award.
Proposals failing to provide sufficient information and assurances of performance to adequately assess each category of the required services and/or failing to comply with the requirements and conditions of this RFP may not be given further consideration.
Each proposal will be considered along with those of other responding firms, with respect to ability to perform effectively and efficiently those tasks outlined above and within the grant funding duration.
Close coordination with the City is required to assure that all requirements will be met. The City reserves the right to withdraw this RFP at any time without any prior notice. Further, the City makes no representations that any Agreement will be awarded to any Consultant responding to this RFP. The City expressly reserves the right to postpone reviewing the proposals for its own convenience and to reject any and all proposals responding to this RFP without indicating any reasons for such rejection(s).
Exhibit 2 138
EXHIBIT "B"
CONSULTANT PROPOSAL
15 Exhibit 2 139
REQUES"FFOR PROPOSALS
EQU TABLE E COM M U N 1 TY REV�FXI EAFUN GRANT'
EWROMENT'XI ADMMSFRATIVE CONSLYI JATION
FOR 5600 5336 SHUL.] S PREE F/ FORMER BERK U I S�T-E
AL.JG US 1-115, 2022
Exhibit 2 140
August 15, 2022
Mr. Steven Jones
City Planner [email protected]
CITY OF BELL GARDENS [email protected] 7100 Garfield Avenue
Bell Gardens, CA 90201
Dear Mr.Jones,
Tierra West Advisors, Inc. ("Tierra West"), a family-owned business and a licensed full-service Real Estate Advisory Firm, is pleased to provide the following proposal in response to the City of Bell Gardens ("City") Request for Proposals (RFP) for Equitable Community Revitalization Grant ("ECRG") Environmental Administrative Consultation services. Our team regularly assists local communities with the insightful analysis, vision, and strategies required to make sound policies bringing the most public benefit. We team with the local leaders tasked with creating vibrant public spaces and help guide communities towards prosperous and sustainable futures.
Tierra West has 10+years involvement and active knowledge of the 5600-5636 Shull Street site (past & current) —giving our consultant team extensive experience on successfully collaborating with the City on the former Berk Oil Site. It is our understanding that the City now seeks to retain a seasoned advisory firm to support environmental administration for the Equitable Community Revitalization Grant,which the City was recently awarded.As Project Manager for this Environmental Administrative Consultation endeavor, Tierra West shall be responsible for the coordination of all activities for this assignment and work collaboratively with City Staff, DTSC, Regional Water Quality Board, EPA, and Environmental Remediation Consultant. Our consultant team possesses the skill set and experience to provide all proposed areas of the Scope of Work detailed in the City's RFP.
Tierra West differentiates itself from other consulting practices by focusing on providing implementation services that extend through the complete project cycle, as is the case with our Grant Administrative Consultation advisory services. Our firm has broad experience in CDBG and HOME grants management and project monitoring for entitlement with participating jurisdictions. We provide professional and technical services to various cities to assist in the development and implementation of program activities to ensure programs are within compliance. We are excited at the opportunity to assist the City with the requested grant administrative consultation services.
Our Federal and State grant administration experience includes preparing annual progress reports and financial management. The team is well versed in managing CDBG Programs, at an entitlement )GM I Id Y (r't
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Exhibit 2 141
city level and with participating cities for the Los Angeles County CDC; monitoring public service recipients, construction management, Davis Bacon compliance, annual reporting, Integrated Disbursement and Information System (IDIS) reports, the preparation of Consolidated Plans, Annual Action Plans, and the Consolidated Annual Performance Report (CAPER).
Tierra West has extensive knowledge of the subject site, the former Berk Oil Site/5600-5636 Shull St.
We have been assisting the City of Bell Gardens for the last 10+ years on various aspect of the site.
Most recently, Tierra West collaborated with the City on implementing the requirements of the Surplus Land Act ("SLA"). On January 1, 2020 AB 1486 SLA went into effect, with the purpose to promote affordable housing on unused or underutilized public land. Per the Long Range Property Management Plan, the Site was declared excess and was to be sold. Following the SLA guidelines, Tierra West assisted the City in posting notifications, creating a solicitation and reviewing proposals submitted. Through this process,Tierra West worked closely with Joe Badhe of Wood Environmental, the environmental contractor for the Brownfield's Grants that the City was awarded in 2012 and 2015.
Our team is aware of the current contamination and the importance of remediating the site. Tierra West is currently assisting the City in implementing the sale of the Site.
Tierra West understands that payment may take up to 90 days. Tierra West is prepared to provide dedicated staffing immediately for the implementation of the Scope of Work presented in the RFP.
John Yonai, Principal; Rose Acosta-Yonai, Principal; Louis Morales, Director; Jason Chiang, Senior Associate; Lauren Yonai, Senior Analyst, and Jane McFarren, Senior Analyst.
Please feel free to call if you have any questions.
Again,thank you for your consideration and we look forward to working with the City of Bell Gardens.
Sincerely,
TIERRA WEST ADVISORS
John Yonai, m„f' opal Rse Acosta-Yonai, Principal &' Exhibit 2 142
ECRG ENVIROMENTAL
ADMINISTRATIVE CONSULTATION
BELL GARDENS/3
Tierra West Advisors, Inc. ("Tierra West") is pleased to submit the following proposal to provide Environmental Administrative Consultative Services pursuant the Department of Toxic Substance Control -Equitable Community Revitalization Grant ("DTSC-ECRG") program implementation to the City of Bell Gardens ("City"). The attached proposal addresses the scope of work for the DTSC-ECRG Environmental Administrative Consultation for 5600-5636 Shull Street/Former Berk Oil Site ("Site") dated August 1, 2022. As a result of Tierra West's long-standing involvement (15+ years) and active knowledge of the Site-past¤t, in addition to providing program implementation for the ECRG, Tierra West proposes to act in the capacity of Project Manager.As Project Manager,Tierra West shall be responsible for the coordination of all activities for this assignment and work collaboratively with City Staff, DTSC, Regional Water Quality Board, EPA, and Environmental Remediation Consultant.
Pursuant to the outline provided in the Request for Proposals, please find the responses as detailed:
1. TECHNICAL
A. EXECUTIVE SUMMARY
Tierra West Advisors, Inc. is a real estate/development strategist and financial advisory firm based in the City of Los Angeles. For the past 35+years, the Principals of Tierra West have provided economic development services, planning consulting, program and project management, and outreach/community building consulting to both public agencies and private entities. The Firm has a seasoned understanding of public sector real estate, Public/Private Partnerships, extensive market knowledge, environmental remediation, and expenditure of Grant funds pursuant to Federal, State, County and local regulations.
Tierra West utilizes a multi-disciplinary approach for enhancing the growth, vitality, and diversity of communities. We look forward to partnering with the City of Bell Gardens to create a project that garners stakeholders' support and momentum as it develops. The Tierra West team partners with its clients to coordinate and deliver project goals in an effective, strategic, and timely manner.
John Yonai, the Principal in Charge, previously served at a Southern California consulting firm overseeing the firm's real estate efforts. In September 2006, Mr. Yonai expanded the services and scope of Tierra West Real Estate Consultants. At this point, Tierra West Real Estate Consultants brought on Partners and reorganized itself as Tierra West Advisors, Inc. to include the following services:
• Project Management: Construction oversight, bid process oversight, drawing/plan reviews, project closeout/management punch list, and final reporting • Program Management: Coordination between public agencies and stakeholders, and project close out
• Financial and Schedule tracking, including budgeting and expenditure line-item tracking, schedule/milestone tracking, and cost management
• Knowledge of Federal and State environmental requirements, current State laws, and local regulations/ordinances
• Grant oversight: Record retention and transparency, commitment compliance, quarterly reporting, and reconciliation
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Exhibit 2 143
ECRG ENVIROMENTAL
ADMINISTRATIVE CONSULTATION
BELL GARDENS/4
• Planning: Current and advanced planning support to cities • Zoning Strategies and Ordinances
• Community outreach and consensus building
• Strategic real property management planning
• Development Project Negotiations and Closed Session presentations • Economic impact analysis
• Value capture analysis/strategy
• Assistance to private clients through the entitlement process • Public/Private Partnerships (P3s)
• Parking Structure Feasibility Analysis and Development • Transactional structuring utilizing all forms of conveyance: Fee, leasehold, license, row, etc. • Financial Analysis and Project Structuring
• Economic and policy development strategies and financing • Real estate financial services including pro-forma analysis and feasibility studies • Brokerage:Acquisitions and dispositions
• Post redevelopment services, including property dispositions and other wind-down related tasks
The principals and senior staff of Tierra West have been involved in analyzing over 40 million square feet, valued in excess of six (6) billion dollars of commercial, office, hotel, hospitality, life science, mixed-use, retail, recreational, residential, industrial development, manufacturing, and special use properties. Our team has over 100 years of combined experience in project and program management, real estate, brokerage, and financial analyses. The following is a sampling of projects that our team has collaborated on alongside public and private agencies. Tierra West uniquely provides the City of Bell Gardens and all its clients with the ability to bring real estate projects home; taking analyses and schematics from the conceptual stage all the way to execution. Past relevant projects include:
CITY OF BELL GARDENS-BICYCLE CASINO CLUB AND HOTEL&EVENT CENTER EXPANSION Provided financial structure, negotiations,financial analyses,and land lease drafting for a seventy(70) year long term lease between the City and the Bicycle Hotel &Casino expansion. Additionally,Tierra West provided Project administration of the environmental review process and lease agreement for the hotel/convention center/parking garage expansion project.
CITY OF COMMERCE-WASHINGTON BLVD WIDENING AND RECONSTRUCTION PROJECT Tierra West assisted the City with the implementation of the Washington Boulevard Widening and Reconstruction Project; which is of Local and Regional importance. Funding sources include City, Federal, State,and Measure R Funds. The City of Commerce is improving Washington Boulevard from the Santa Ana Freeway to the City's western boundary. The total cost of the project is estimated at $35,000,000.
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Exhibit 2 144
ECRG ENVIROMENTAL
ADMINISTRATIVE CONSULTATION
BELL GARDENS/5
CITY OF COMMERCE-TELEGRAPH ROAD CORRIDOR REVITALIZATION PROJECT
COMMERCE CASINO AND CITADEL OUTLET EXPANSIONS
Tierra West worked with the City of Commerce on the revitalization and economic strategy for the Telegraph Road Corridor Revitalization Project ("Corridor"). The Corridor is approximately three (3) miles long and runs parallel to the Golden State Freeway along Telegraph Road. Along the corridor there are a wide variety of uses including single family residential, multi-family residential, office, car dealerships, and several forms of retail.
CITY OF HUNTINGTON BEACH-THE STRAND
Tierra West assisted with the disposition and development of an approximately 3.5 acre site, which included the development of office uses, boutique 140 room hotel, 120,000 sq.ft.of retail, restaurant and entertainment uses, and development of a parking structure. Tierra West worked with the Parking District and City in structuring all deal points of the DDA for the construction, analysis of parking costs, Developer's repayment of loan to City/Agency, negotiations for replacement parking, and bifurcation of development Project; resulting with the City retaining ownership of Parking Structure (500 stalls) and shared revenues with Developer, who retained ownership of development.
CITY OF HUNTINGTON PARK-FOCUSED GENERAL PLAN
The City secured the services of Tierra West to assist with their General Plan update as part of a Metro grant for future TOD development.As the Project Manager,Tierra West led a multi-disciplinary effort to administrate a Transit Oriented Development (TOD) Planning Grant from the Los Angeles County Metropolitan Transportation Authority(Metro TOD Round III).The TOD Planning Grant Program was designed to spur the adoption of local land use regulations that are supportive of Transit Oriented Development in Los Angeles County, which Tierra West helped implement through a "PlanHP" community outreach program to educate and collect public input on the City's TOD planning process.
CITY OF LOS ANGELES AND THE KOREAN AMERICAN NATIONAL MUSEUM (KANM) Tierra West assisted KANM with the preparation of a financial analysis report and the preparation of deal structuring documents and negotiations. This was a 170,000 square foot mixed-use Project and Tierra West assisted in identifying the financial benefits for the City, Museum and dynamic surrounding communities.
LOS ANGELES HOUSING AND COMMUNITY INVESTMENT DEPARTMENT(HCIDLA)
CDBG SLUM/BLIGHT AREA ANALYSIS& DOCUMENTATION SERVICES
HCIDLA selected Tierra West to provide Slum/Blight Area Analysis and Documentation Services related to the Crenshaw Redevelopment Area. A total of 485 parcels were surveyed: documenting physical and economic blighting conditions. Data was used to develop an economic strategy for revitalization of area, inclusive of analyzing the feasibility of developing commercial (retail and office) and institutional uses within a mixed-use environment, including for-sale and for-rent housing within the Project Area.
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Exhibit 2 145
ECRG ENVIROMENTAL
ADMINISTRATIVE CONSULTATION
BELL GARDENS/6
Tierra West is a certified WMBE von#12060021 and SBE/DBE/MBE firm under the California United Certification Program (CUCP) #39013. Tierra West is also a certified Small Local Business (SLB) under the City of Los Angeles#2829.
54Tierra West Advisors, Inc. is incorporated in the state of California.The firm's contact information is as follows:
Tierra West Advisors, Inc., 2616 East 3rd Street, Los Angeles, CA 90033 T: (323)265-4400 F: (323)261-8676 E: [email protected] Tierra West proposes the following team for this DTSC-ECRG Project:
John Yonai, Principal/Partner Rose Acosta-Yonai, Principal/Partner* Louis Morales, Director* Jason Chiang, Senior Associate Lauren Yonai, Senior Analyst Jane McFarren, Senior Analyst * Fluent in Spanish
B. APPROACH TO BE TAKEN IN ADDRESSING THE SCOPE OF WORK Tierra West is organized with a team-oriented focus. Our team approach is committed to provide support and cooperation amongst all team members. When working with Tierra West, the City can expect:
Organization Expertise —Tierra West has the expertise to assess all aspects of project organization, including: management structure and effectiveness, financial systems, resource allocation, and interdepartmental communications and coordination and public process. We have assisted many public agencies in assessing and redesigning their organizational structure and the allocation of personnel resources. We are experienced in analyzing the adequacy of policies and procedures, evaluating performance, and proposing practical recommendations for improvement. Our consultants have extensive experience in developing tactical objectives and key performance indicators that have aided our clients in improving their efficiency and effectiveness.
Interdisciplinary Team - Tierra West provides the interdisciplinary skills and experience that are necessary to successfully accomplish the City's objectives. Our staff consists of specialists in project planning, public outreach,acquisition,and general program implementation.Ourteam is very familiar with all municipal functions and acquisition process.
Outstanding Personnel -Our firm is prepared to assign the required Principals, as well as staff,to this engagement. The project team's consultants are exceptionally well-qualified, as evidenced by their experience in executing similar projects, to provide the competence and expertise that is required.
Team Approach-Tierra West takes pride in the fact that our projects are completed on time and at, or under, budget. Many of these projects extend over long periods of time and require the coordination of multiple agencies and decision-making bodies. This success is based upon our commitment to working closely with our clients. Throughout our engagement,we would work closely with appropriate City personnel and provide frequent written progress reports. 1`` NXI
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Exhibit 2 146
ECRG ENVIROMENTAL
ADMINISTRATIVE CONSULTATION
BELL GARDENS/7
Effective Communication - Tierra West collaborates effectively with all levels of policy, including County Supervisors, City Councils, boards, management, staff, stakeholders, the public and other constituents. We routinely interview and make formal presentations to agencies, staff, owners, businesses and community organizations. As specialists in the public sector,we are fully cognizant of the critical role of elected and appointed decision-making bodies. Our reports are written in non- technical language to ensure maximum use for decision making.Our recommendations are clear,well documented, and practical.
Firm Stability-Tierra West consultants are particularly proud of the long-term relationships that our team has developed with our various clients and have been repeatedly selected for additional assignments. It is our policy to maintain the same personnel throughout all stages of an assignment, which assures the continuity and stability the City desires.
Responsive Client Service-Tierra West is committed to providing the highest level of service to meet the City's needs. We can make this commitment based upon our success in performing similar assignments throughout California.
Resource allocation is a critical part of managing any project. For tasks to be accomplished and project benchmarks to be met, a successful team needs the proper resources allocated in real-time to get started. Effective resource allocation is key to delivering projects on time, on budget, and keeping the client satisfied.
As a seasoned Project/Program Manager, Tierra West will be directly responsible for resource allocation for each task related to the ECRG Project Site. Our Project Manager will assess what personnel, time, and tools will be needed throughout a project's schedule. The Project Manager simultaneously acts as a resource manager who can take a high-level view of which teams are working on certain tasks at any given time. It is essential for the Project Manager to function as an active liaison between all team members to help coordinate the allocation of resources and see that assigned tasks are progressing as planned.
Tierra West understands that the DCSC-ECRG project completion date and Grant amount are fixed, and line-item adjustments may be made, as required.
Tierra West has served as Project Manager for multi-disciplinary projects involving multiple separate teams/organizations, coordinating group efforts and diverse work products towards a common community goal. The tasks described in the City's RFP are areas that Tierra West has decades of experience implementing throughout the Southern California region. We have absolute confidence in our firm's ability to develop a resource allocation plan for all of the tasks described in the RFP.
Strategies to expedite protect process/delivery by reviewing agencies and others In past projects, Tierra West has utilized and learned several different strategies to help expedite project process/delivery by understanding who is involved; public agency, private entity, or other stakeholders. This is crucial to avoiding unexpected project delays and adhering to agreed-upon milestones.
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Exhibit 2 147
ECRG ENVIROMENTAL
ADMINISTRATIVE CONSULTATION
BELL GARDENS/8
Actions that can expedite a project's process/delivery typically include:
Coordination and Public Involvement:
• Full participation of a diverse group
• Clear communication: Identify key issues early
• Regular and frequent team meetings
• Strong Interagency partnerships
• Having a proven conflict resolution process in place Staffing and Training:
• Having clear standard procedure and guidance for team members • Increasing project staff if necessary
• Streamlining training of staff
• Re-training and continued education of team members Information Management Measures:
• Improved early communications between teams
• Using GIS database for standardized information management and distribution • Internet-based project monitoring and tracking, using a platform such as Trello and Fluxx • Ensuring environmental impact documentation is easy-to-read and understand Internal controls to track and report cost and percentage completion on a task-by-task basis Tierra West draws upon its extensive experience as the Prime Consultant on previous large multi- disciplinary project teams. The Tierra West management approach is generally based on three (3) proven strategies:
• Clear Roles& Responsibilities
o It is important that all members of a large project team have a clear understanding of their respective roles and responsibilities for the project.We understand the best and most effective ways to collaborate with one another, to bring out our best talents in solving complex project challenges and creating a compelling vision in consort with our Client and community stakeholders.
• Effective Communication
o Effective and respectful communication is a key aspect of our project management process.Tierra West has developed various methods for working with groups in an interactive, participatory, and productive manner which greatly enhances the project process.
• Quality Control and Exchange of Information
o Producing well-considered and clearly presented materials and final products is essential to the success of the project. Both Key and Support Staff will conduct quality control reviews in each phase of the project to assure the product is complete and in line with the City's expectations.
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Exhibit 2 148
ECRG ENVIROMENTAL
ADMINISTRATIVE CONSULTATION
BELL GARDENS/9
Tierra West's proven project management tools for seamless sharing and collaboration include Dropbox, Google Drive; coordinating and tracking with Trello; Microsoft Projects detailed scheduling; DTSC Fluxx Portal; effective and clear templates for meeting agendas and notes; and pre-set internal design and quality check meetings. Incorporating these management tools, assure for highly-efficient and successful projects which will propel the City towards accomplishing their short and long term goals.
With clear roles and responsibilities, effective communication, and steady quality control/exchange of information, Tierra West has propelled large multi-disciplinary projects containing many moving parts to a successful completion. We are confident and trust our proven process for tracking cost and delivering projects on-time and at budget will be a success.
C. LIST OF SPECIFIC TASKS REQUIRED TO PROPERLY PERFORM THE SERVICES:
• Coordinate between parties involved, including DTSC, Water Board, City of Bell Gardens, and Contractors. Tierra West will attend meetings to keep apprised of schedule, budget, and project status, as well as act as a conduit for communication among all parties. Project files will be maintained at the corporate office and will be readily available for review by authorized entities.
• Oversee invoicing and budget management. Tierra West's project management team will submit invoices using the DTSC Fluxx Portal with a minimum total of$15,000 per batch. Final invoice will be submitted upon completion of ECRG activities no later than 26 months from the date of ECRG Grant award, unless otherwise directed by DTSC. Project budget tracking will be maintained and reviewed by senior staff on an on-going basis. • Prepare and submit quarterly reports to DTSC, which will include ECRG Activity status and progress toward the Proposed Reuse, any hurdles that may affect the ECRG Activities of the Proposed Reuse, expended ECRG Grant funds for the quarter, and amount of ECRG Grant funds that are anticipated to be requested for reimbursement in the next quarter. • Oversee ECRG commitments and requirements pursuant to ECRG agreement for the Former Berk Oil and Pacific Metal Craft Site located at 5636 Shull Street, Bell Gardens, CA. Track project schedule and notify City and advisory team and adjust for Grant timeliness. • Track permits and licenses for all professional and equipment qualifications necessary to be qualified to perform the required work and assure that all such qualifications are maintained in good standing during the term of the Grant.
• Maintain record retention and make available to oversight entities. All records will be maintained at Tierra West corporate office and will be accessible for timely review by any authorized entity.
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Exhibit 2 149
ECRG ENVIROMENTAL
ADMINISTRATIVE CONSULTATION
BELL GARDENS/ 10
• Provide required reconciliation with Grant commitments using DTSC Fluxx Portal and Summary of Cost reporting form as well as in the Quarterly Report requirements. • Assist in Final Report preparation, which will include submission of a Grant Closeout Notice when ECRG Activities have been completed, and no later than the last day of the two-year period covered under the Grant award; submission of a closeout report summarizing all actions taken, the resources committed, and any significant problems completing the ECRG Activities.
D. TIMELINE
Services Start Date End Date Comments
ECRG Grant commencement June 29,2022 June 29,2024 Community engagement activities Ongoing
Attend DTSC/ECRG project kick-off meetings August,2022 Training for DTSC Fluxx Portal August,2022 Coordinate with Environmental Consultant re: Ongoing remediation action plan,scope of work, budget
review
Attend DTSC/ECRG and project meetings Ongoing
Completion of the purchase and sale agreement By December,2022 and development agreement,and assistance
with the City's review and application for change
in zoning to accommodate a residential housing
development
Submit invoice reimbursement packages Ongoing(with minimum batch amount no less
than$15,000)
Submit quarterly reports October,2022 April 1,July 31,October 30,January 31 within the
term of ECRG Grant
Submit Final Invoice No later than 26 months
from date of ECRG Grant
award
Provide support as required to DTSC and Ongoing
Contractor
Submit Grant Closeout Notice June 29,2024
Submit Grant Closeout Report Within 60 days of Grant Closeout
Notice
Submit Reuse and Grant Commitments letter Within 60 following the
completion of the
Proposed Reuse
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Exhibit 2 150
ECRG ENVIROMENTAL
ADMINISTRATIVE CONSULTATION
BELL GARDENS/ 11
2. MANAGEMENT AND STAFFING
Tierra West is prepared with experienced,dedicated staff to immediately provide the requested scope of work. As principal of Tierra West, John Yonai will act as the firm's Project Representative throughout the duration of the contract;maintaining responsibility for project management and serve as the primary staff member responsible for the oversight and preparation of all documents, and coordination with City staff.Assisting John are Tierra West project team members; Rose Acosta-Yonai (Principal), Louis Morales, (Director), Jason Chiang (Senior Associate), Lauren Yonai (Senior Analyst), and Jane McFarren (Senior Analyst). As required, John will assign additional Tierra West staff members to specific tasks, project execution, preparation of reporting documents, and any other required requirements for a seamless execution of the scope of work.
Rose Acosta-Yonai's main focus will be administrative project management; collaborating with staff, project/grant research, and drafting of documents. She will be responsible for overseeing and assisting with all data collection and written materials. Ms. Acosta-Yonai will act as co-Project Representative in charge, ensuring that City staff have immediate and direct access to a senior team member.
Louis Morales has over 25 years of planning experience in providing primary support for planning, permitting, and land-use alternatives and recommendations. Louis' seasoned background and understanding of the planning and permitting process enhances the team's Project Management effort; making recommendations that are both economically feasible and sustainable in support of the City's vision and goals.
Jason Chiang brings over 16 years of experience on both client and vendor sides serving public agencies and public administration bodies in the areas of strategic research and analysis, overseeing preparation of materials and deliverables, project management and community engagement. His dedication to process and strong communication/presentation skills make him essential to our team's grant implementation successes.
Lauren Yonai and Jane McFarren will be assigned as point of contact for day-to-day activities.
RESUMES ON FOLLOWING PAGE
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Exhibit 2 151
ECRG ENVIROMENTAL
ADMINISTRATIVE CONSULTATION
BELL GARDENS/ 12
RESUMES
JOHN YONAI/Principal-Partner
John Yonai has an extensive background in the areas of real estate and finance for the private and public sector, providing project management and implementation services. Assignments included project structuring, market and financial analysis, agreement negotiations, redevelopment plans/amendments, real estate acquisition/disposition, bond issues, project planning/scheduling, ROW, land-use and feasibility analysis. He has expertise with the coordination of revenue � projections,financial evaluation,and fiscal consultations.John has a long standing relationship working with both public agencies and private entities; specializing in the preparation and assessment of real estate development proposals, land use planning, development strategies, P3s, project/program management, development agreement negotiations, project conception, real estate market analysis, financial/economic feasibility,public outreach,entitlement approvals,and project close-out.As interim Community Development Director for City of Commerce, Mr. Yonai offered sustainable and innovative solutions while he managed budgets, services, and community development. As Project Manager and Economic Development Advisor to the Northeast Los Angeles (NELA) Riverfront Collaborative with HUD and City of Los Angeles, implemented an approach linking land-use plans and economic development strategies to further 2007 LA River Master Plan and revitalization. He worked with the City on securing and extending the HUD Grant originally set for a redevelopment project area that was converted to the use for the N ELA project. He drafted the RFP for a Vision Plan subcontractor,and oversaw community stakeholder workshops and drafting of Vision Plan.
EDUCATION PROFESSIONAL AFFILIATIONS/CERTIFICATIONS Graduate School of Management Urban Land Institute(ULI) Real Estate Finance Certificate International Council of Shopping Center Owners (ICSC) University of California, Los Angeles CA Association of Realtors (CAR) Bachelor of Science-Business/Finance National Association-Corporate Real Estate Executives Loyola Marymount University CA Licensed Real Estate Broker: License No: 00632122 CA Redevelopment Association (CRA)Past Member
ROSE ACOSTA-YONAI/Principal-Partner
Rose Acosta-Yonai provides a variety of real estate and project/program support services. Has a comprehensive understanding of real estate transactions and �"°� acquisitions, project coordination, and has been involved in the acquisition and disposition of multiple property types within the private and public sector. Project services have involved document review and preparation, project implementation, � and negotiations and coordination with legal counsel for the acquisition of real property interest including fee interest, leasehold interests, easement license agreements, and stakeholder coordination of involved parties. Knowledgeable in the '° g p g
areas of appraisal reviews, market values and preparation of BOVs. Provided relocation assistance services on behalf of Los Angeles World Airways (LAWA)to households displaced by the City's acquisition of property through the LAWA Voluntary Residential Acquisition/Relocation Program. Responsible for the quality and responsiveness of staff and assignments; coordinates, oversees and assists with all company projects. Contract Administration:
review and implementation of project; inclusive of quality/accuracy of all administrative work products.
EDUCATION PROFESSIONAL AFFILIATIONS/CERTIFICATIONS Bachelor of Science—Sociology CA Association of Realtors (CAR) Loyola University Marymount CA Licensed Real Estate Salesperson License No: 00909698 Los Angeles County Small Business Commission
LMU Entrepreneurship Family Business Center
Fluent in Spanish
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Exhibit 2 152
ECRG ENVIROMENTAL
ADMINISTRATIVE CONSULTATION
BELL GARDENS/ 13
LOUIS MORALES/Director
Louis Morales has over 30 years of experience in city government with extensivei9a g Y g g, p p y, p g pknowled e of cit bud etin ublic olic ro ram im lementation, and land- use/planning compliance. Louis has served as City Planner and Community Development Director for local jurisdictions and regularly provides interim staffing, assuming management responsibility for all services and activities of a department for the implementation of a respective cannabis program and development projects.
Services include oversight and monitoring of applicant's business entity with regards to State requirements, compliance of licensee's project plans and review of Operations Plan,and coordination with staff to for the preparation and amendment of City Ordinances. Seasoned in the areas of current and advanced planning assignments, and scheduling project activities for Community and Economic Development projects. Assignments have included feasibility and land-use analysis,revenue projections, data gathering, outreach, document preparation, and interim staffing support. Previously served as Interim staff (Project Manager)for the City of El Segundo provided project negotiations and entitlements for major commercial development including LA Lakers Corporate headquarters and training facilities, hotel development, and General Plan update and specific plan to promote economic development along the Sepulveda Corridor.
EDUCATION
Bachelor of Science in Urban & Regional Planning
California Polytechnic University, Pomona
Public Administration—Industrial Technology
California State University, Long Beach
Associate of Arts/Architecture
East Los Angeles College Fluent in Spanish
JASON CHIANG/Senior Associate
Jason Chiang oversees project management and market research for a variety ofmi multi-disciplinary economic development and real estate assignments. Assisting all levels of management and project difficulty; performs research of real estate, economic, and market data in support of financial and economic evaluations.
Manages the execution and preparation of materials required for technical reports, presentations, drafting of staff reports, resolutions, ordinances, public hearing notices and other related City, County or special district documents.
Coordinates and prepares all PowerPoint presentations for Tierra West staff. Recent assignments include the development of alternative funding mechanisms for the Northeast Los Angeles Riverfront Collaborative,feasibility studies for residential and mixed-use developments, and Affordable Housing program implementation.Jason also assisted with implementing the General Plan Update for the City of Huntington Park,executing the Youth Outreach program and coordinating all efforts for a comprehensive community engagement program. Is well versed in relocation assistance services on behalf of Los Angeles World Airways(LAWA)to households displaced by the City's acquisition of property through he LAWA Voluntary Residential Acquisition and Relocation Program.
EDUCATION
Bachelor of Arts—Communication
University of Southern California
Minor—Business Administration
University of Southern California
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Exhibit 2 153
ECRG ENVIROMENTAL
ADMINISTRATIVE CONSULTATION
BELL GARDENS/ 14
LAUREN YONAI/Senior Analyst-Project Administrator
Lauren Yonai coordinates Real Estate support services and implementation of ifil related activities; planning and scheduling of projects, data assembly, and document preparation for private sector and public agencies. Provides assistance with the preparation, coordination and submittal of proposals, SOQs and other RFP packages and marketing efforts. Efficient research skills; obtains title and lien information, property-profiles, and other related back-up information. Assists with market research and analysis in support of BOV assignments. Maintains Project Progress Reporting inclusive of budgets, schedules and requested tasks.
Lauren Yonai coordinates Real Estate support services and implementation of related activities; planning and scheduling of projects, data assembly, and document preparation for private sector and public agencies.
Lauren is well-versed with providing relocation assistance services on behalf of Los Angeles World Airways (LAWA)to households displaced by the City's acquisition of property through the LAWA Voluntary Residential Acquisition and Relocation Program. Currently working with the City of Bell Gardens assisting with Affordable Housing project and coordinating the logistics for the sale of Successor Agency owned properties.
EDUCATION PROFESSIONAL AFFILIATIONS/CERTIFICATIONS Bachelor of Business Notary Public—California, Commission #2314389 Loyola Marymount University, Los Angeles LMU Entrepreneurship Family Business Center JANE MCFARREN/Senior Analyst-Project Administrator
Jane McFarren provides administrative support through all aspects of theiEl project; record retention; invoicing;job-cost analysis; and report generation.Assists with the preparation coordination and submittals of proposals andRFP packages. Has experience working closely with general contractors andsubcontractors to assure contract compliance and clear communication. Janehas administrative management experience in the education sector and has been responsible for budget management, data analysis, scheduling, personnel management and compliance with State and Federal requirements.
EDUCATION
Masters Degree- Education
Brandman University
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Exhibit 2 154
ECRG ENVIROMENTAL
ADMINISTRATIVE CONSULTATION
BELL GARDENS/ 15
3. PRIOR RELATED FIRM EXPERIENCE
FORMER BERK OIL SITE/PACIFIC METAL CRAFT SITE/5600-5636 SHULL STREET
CITY OF BELL GARDENS
Former Berk Oil/Pacific Metal Craft/Shull St.acquired by Bell Gardens Redevelopment Agency("RDA") approximately 20 years ago.At time of acquisition, environmental review did not identify the amount of existing contamination at the Site. Since that time, the RDA has sought funds to assist and define the amount of contamination and sources of funding to remediate the Site. Tierra West has been working on the site with various City Administration after the acquisition of the Site.As a result of the termination of the RDA, the parcel was identified as part of the Long-Range Property Management Plan for disposition. On January 1, 2020,the Surplus Land Act(SLA)went into effect,with the purpose of creating more affordable housing development on unused or underutilized land. Tierra West assisted the City in the process that is required by SLA. The process included drafting a solicitation and reviewing proposals submitted. During this time, Tierra West was included on discussions regarding testing being done on the Site,funded by the National Council for Development through an Environmental Protection Agency Brownfields Assessment Grant. Tierra West is currently assisting the City with the implementation of sale, program management of the DTSC-EPA grant and findings, affordable housing development standards and specific Shull Street housing reuse, required real estate economics, and other required services.
CONTACT:
THE CITY OF BELL GARDENS
Mr. Gus Romo
Director of Community Development
,ir �rtn_q,, ,,I , Ill1gA dPns.oir� (562) 806-7724
CITADEL OUTLET EXPANSIONS-CITY OF COMMERCE
CITADEL 1-2004-2015 $120 Million
CITADEL II-2014-2016 $25 Million
Citadel I: Disposition/Sale and Expansion of the Citadel mixed use project, including increasing the outlet center to 450,000 square feet,70 new retailers, 300,000 square feet of office, 200 hotel rooms and increased project site byw + 10 acres.
Citadel II: Implementation services including, structuring, negotiations, consensus, due diligence, planning, valuation, council presentations, financial analysis, revenue analyses for the redevelopment of the existing casino and expansion.
Entitlement and Development Strategy: Environmental Impact Report Entitlement and Development Strategy:The Economic Analysis and strategic planning preparing for a development agreement including Environmental Impact Report Pro Forma Modeling: developed pro forma modeling for project projections Quantify City Revenue: developed revenue financial analyses for project Public/Private Partnership Options: Reviewed P3 structures, CDBG financing, (Bank sources, tax sharing agreements
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Exhibit 2 155
ECRG ENVIROMENTAL
ADMINISTRATIVE CONSULTATION
BELL GARDENS/ 16
Development Agreement: drafted the agreement with Staff and City attorney Project Benefits:developed fiscal analyses for Outlet mall expansion Project Development Assistance: Worked closely with staff in implementing the $150 million dollar development and audited costs at project completion
Project Presentations: Presentations to City Council, staff and developer Meetings: Attended developer negotiations, public meetings, Council meeting and sub- committee meetings.
CONTACT:
THE CITY OF COMMERCE
Mr. Vilko Domic, Finance Director
viIllDkc:d@�i.ccr rr:rrivrctt,,c ,,:w , (323) 722-4805
NORTHEAST LOS ANGELES RIVERFRONT COLLABORATIVE (NELA)
CITY OF LOS ANGELES AND HUD
Tierra West served as project manager, community outreach facilitators, Niel and economic development advisors of the Northeast Los Angeles Riverfront Collaborative; working with the Department of Housing and Urban Development (HUD) and the City of Los Angeles Economic and Workforce Development Department (EWDD) on a $2.25 Million dollar Community Planning Challenge grant.
The Northeast Los Angeles Riverfront Collaborative was part of the HUD grant in implementing the next steps and further developing the 2007 Los Angeles River Master Plan.
The ultimate goal of the project was to cultivate a comprehensive approach that linked land use plans and economic development strategies to support the revitalization of the NELA Study area; which included the communities of Atwater Village, Cypress Park, Elysian Valley, Glassell Park, and Lincoln Heights.
As Project Manager,Tierra West directed a multi-disciplinary team of 18 organizations—ranging from non-profits, community advocacy groups, City Economic Development staff, and many other regional and federal governing entities. Our team surveyed over 1,800 parcels to compile market analysis data and conducted community outreach workshops for residents and stakeholders to share their collective goals and visions for the area's revitalization.The culmination was a Northeast Los Angeles Riverfront Vision Plan — a guiding document for economic development planning, land use and planning principles, market studies including retail analysis and workforce development, as well as local demographic/regional data.
CONTACT:
HUD AND THE CITY OF LOS ANGELES
NORTHEAST LOS ANGELES RIVERFRONT COLLABORATIVE (NELARC) Mr. Gerardo Ruvalcaba, East Los Angeles Regional Director erifur.ij.�;...uri;�yi;,Illiii;,D ... ....11li,ir , ,r:ur (213) 744-7233 X,
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Exhibit 2 156
ECRG ENVIROMENTAL
ADMINISTRATIVE CONSULTATION
BELL GARDENS/ 17
11600 LONG BEACH BLVD — CITY OF LYNWOOD
Tierra West has been assisting the City of Lynwood on various aspects of this project for the last 15+ years. Work has included project land assessment, potential/proposed assemblage, valuation and Real Estate Economics. As a result of the site being contaminated the private ownership suffered financial difficulty and the City pursued the private ownership through the Polanco Act. Tierra West assisted the City with this effort to implement the Polanco Act and the transfer of the site to a Receiver as directed by the Court. Our team has continued to assist with the negotiations and documentation of the required planning efforts and the Disposition and Development Agreement (DDA) with Northgate Markets. The City has been awarded three (3) Department of Toxic Substance Control- Equitable Community Revitalization Grants and has retained Tierra West to assist with the program and administrative management of the Grants.
CONTACT:
THE CITY OF LYNWOOD
Mr. Ernie Hernandez
City Manager
rriw : :�J ,:.�'°;.III,,,,,I..g.L�ri�.�,.,rri�„�jgf..t�.. (310) 603-0220 Ext:270..IILY...............................��.... ............
4. COST AND PRICING
The City of Bell Gardens has been awarded $6,495,000 through ECRG Grant No. ECRG-2021-00589, dated June 29, 2022. The terms of the award allocate 5% for Project Grantee Project Management.
Project Management for this project is estimated at THREE HUNDRED TWENTY-FOUR THOUSAND SEVEN HUNDRED FIFTY DOLLARS ($324,750). Tierra West anticipates approximately 25% of this project administration cost will be allocated to City of Bell Gardens for direct City staff time, including but not limited to City Manager, Community Development director, finance department and other related staff for services provided.
FEE SCHEDULE ON FOLLOWING PAGE
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Exhibit 2 157
ECRG ENVIROMENTAL
ADMINISTRATIVE CONSULTATION
BELL GARDENS/ 18
FEE SCHEDULE
Tierra West's Hourly Rates for 2022-2023
(Ill°10UIII III YIll II S II IIL.. SIII I Il1011ra IIIIiIII' III: III OiIII'0""I IIII IIaM IIII°°illl'1OUGIII1III': III02024) Classification Rate
Principal $195
Director $180
Senior Associate $160
Associate/Acquisition Agent $140
Senior Analyst $115
Analyst $105
Research Assistant/Real Estate Technician $100
Word Processor $65
Clerical $55
There will be no charge or reimbursement claim for telephone/fax calls, postage, mileage, parking, and incidental photocopies. We do, however, charge for additional insured certificates, messenger services, overnight mail costs, and copies of reports, documents, notices, and support material in excess of five (5) copies.These costs are charged at actual expense plus a 10%surcharge.
5. ADDITIONS OR EXCEPTIONS
Scope of work is based on DTSC/ECRG Grant requirements issued in Grant #ECRG-2021-00589.
Exceptions to this would include any requirements that are in addition to or in conflict with requirements posed by the Regional Water Quality Board or any other oversight agency to this existing Grant.
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Exhibit 2 158
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, Captain
SUBJECT: APPROVAL OF AGREEMENT WITH FOLSOM LAKE FORD FOR THE PURCHASE OF TWO (2) PATROL VEHICLES AND EQUIPMENT REPLACEMENT
DATE: September 12, 2022
RECOMMENDATION:
It is staff's recommendation that the City Council approve the attached agreement and resolution authorizing the purchase of two (2) new Ford Police Interceptor utility vehicles and related equipment for use by the police department. The request for approval for retrofitting these vehicles and new equipment purchase will be addressed at a future Council Meeting.
BACKGROUND/DISCUSSION:
The Police Department (PD) assesses the fleet of patrol vehicles regularly to determine the need for adding additional vehicles and/or replacement of worn vehicles and associated equipment. As part of the preparation of the new fiscal year operating budget, staff conducted an evaluation of the fleet. This evaluation consisted of an examination of vehicle age, mileage, usage, maintenance costs, uniformity of equipment, and condition of interior/exterior. The vehicles were also analyzed for safety history and operating performance before a final determination was made to either maintain the vehicles and make necessary repairs and replace worn or non-uniform equipment or replace the vehicles.After a careful review, four patrol vehicles were identified for replacement.
Unit 213 —2007 Ford Crown Victoria — Miles — 89,672
Unit 213 was involved in an accident on 05/25/2022. As a result of the accident, the vehicle was deemed a total loss.
The City is currently waiting for the final adjuster's appraisal report to be completed. Total repair cost that has gone into the vehicle from 2019 to 2022 is $3,045.61
Unit 227 —2010 Ford Crown Victoria — Miles — 77,649
Unit 227 was involved in an accident on 03/17/2022. A vehicle adjuster came out on 08/31/22 and deemed the vehicle a total loss. The City is currently waiting for the final adjuster's appraisal report to be completed. Total repair cost that has gone into the vehicle from 2019 to 2022 is $7,954.58 Unit 231 —2010 Ford Crown Victoria — Miles — 97,742
Unit 231 was involved in an accident on 06/09/2022. A vehicle adjuster came out on 08/24/2022 and deemed the vehicle a total loss. Per the adjuster, he estimated the value of the vehicle between $800 and $1000. Total cost of repair that has gone into the vehicle from 2019 to 2022 is $7,399.25 159
Unit 248 —2015 Ford Explorer— M iles — 54,162
Unit 248 was involved in an accident on 05/10/2022. As a result of the accident, the vehicle was deemed a total loss.
The City is waiting for a vehicle adjuster to appraise the vehicle. Total cost of repair that has gone into the vehicle from 2019 to 2022 is $7,603.56
Total amount of money spent on all four vehicles from 2019 to 2022 is $26,003.00 As a brief history, Ford Motor Company discontinued production of the Crown Victoria in 2011. Given this change, police departments throughout Los Angeles County and the United States needed to make significant changes to their fleets. The PD began researching and evaluating different makes and models of vehicles. The models evaluated included the Dodge Charger Pursuit, the Chevrolet Caprice PPV, and both of the new Ford Police Interceptor offerings (Utility and Eco Sedan). Staff evaluated and compared vehicle performance, road handling, gas economy, safety, cost, and ergonomics. The PD also relied heavily on thorough road test reviews of each of these vehicles conducted by the California Highway Patrol (CHP). After careful consideration, staff selected the Ford Police Interceptor utility vehicle.
During the 2015 fiscal year, City Council authorized the purchase of three Ford Explorer Police Interceptor vehicles for our patrol fleet. These vehicles have proven to be dependable and have met and exceeded our expectations. It is staff's goal to outfit the remainder of the patrol fleet with these vehicles.
Bell Gardens Municipal Code Section 3.04.100(E) provides that, "When supplies, services or equipment can be produced from a supplier who offers the same or better price, terms and/or conditions as the supplier previously offered as the lowest responsible bidder under competitive procurement conducted by another city or public agency; provided, that the competitive procurement process of the other agency meets or exceeds the standards of the city, is for like or greater quantities, includes all known bidders and that, in the opinion of the purchasing officer, it is in the best interest of the city."
On September 30, 2021, the CHP Department of General Services issued an Invitation for Bid for the purchase of Enforcement Vehicles, Police Pursuit. On May 11, 2022, Folsom Lake Ford was awarded a Procurement Contract# 1-22-23-14C for five years (5-11-22 through 5-10-2025). Due to the Procurement nature of the agreement between Folsom Lake Ford and the CHP, and pursuant to Bell Gardens Municipal Code Section 3.04.100(E), the City may avail itself of the benefits provided to the CHP by Folsom Lake Ford, without having to go through the competitive bidding process.
CONCLUSION:
It is requested that in accordance with BGMC Section 3.04.100(E), the City Council approve the purchase of two (2) 2023 Ford Police Interceptor Utility police vehicles through Folsom Lake Ford. The retrofitting of the new vehicles and new equipment purchases will be addressed in a future agenda item.
FISCAL IMPACT:
The funding for the purchase of these two (2) new Ford Police interceptor utility vehicles is $104,000. These purchases were not included in the current fiscal year 2022-23 budget. Therefore, staff is requesting an appropriation from the General Fund in the amount of$104,000.
ATTACHMENTS:
160
Exhibit 1 - Resolution No. 2022-93
Exhibit 2 -Agreement with Folsom Lake Ford
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 161
RESOLUTION NO. 2022-93
A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF BELL
GARDENS, CALIFORNIA, APPROVING AN AGREEMENT BETWEEN
THE CITY OF BELL GARDENS AND FOLSOM LAKE FORD FOR THE
PURCHASE OF TWO (2) PATROL VEHICLES AND EQUIPMENT
REPLACEMENT
WHEREAS, the Bell Gardens Police Department utilizes marked black and white vehicles to perform patrol operations throughout the City of Bell Gardens; and WHEREAS, after a thorough analysis of the fleet, staff recognized the need to replace two (2) patrol vehicles to maintain reliability and safety of the fleet; and WHEREAS, the police department re-evaluated its fleet during the previous budget year and was authorized by City Council to purchase the Ford Police Interceptor Utility vehicle for use by patrol personnel; and
WHEREAS, pursuant to Section 3.04.100(E) of the Bell Gardens Municipal Code (BGMC), formal bidding is not required when supplies, services or equipment can be produced from a supplier who offers the same or better price, terms and/or conditions as the supplier previously offered as the lowest responsible bidder under competitive procurement conducted by another city or public agency; provided, that the competitive procurement process of the other agency meets or exceeds the standards of the city, is for like or greater quantities, includes all known bidders and that, in the opinion of the Purchasing Officer, it is in the best interest of the city; and WHEREAS, the California Highway Patrol issued an Invitation for Bids for a procurement contract for utility pursuit police vehicles; and WHEREAS, the California Highway Patrol awarded the procurement agreement to Folsom Lake Ford; and
WHEREAS, staff obtained pricing from Folsom Lake Ford for the purchase of two (2) Ford Police Interceptor Utility vehicles utilizing a procurement; and WHEREAS, the police department is requesting City Council to approve ONE HUNDRED-FOUR THOUSAND DOLLARS ($104,000.00) for the purchase of these two (2) new Ford Police Interceptor Utility vehicles which be funded through an appropriation from the General Fund.
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, Exhibit 1 162
Resolution No. 2022-93
hereby finds that the above recitals are true and correct and incorporate them herein.
SECTION 2. The City Council approves the Agreement and authorizes and directs the City Manager to execute the Agreement attached 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. Subject to all applicable laws, the City Council hereby authorizes the City Manager to execute any ancillary documents relating to the Agreement, including any amendments, extensions, and other documents consistent with the Agreement and this Resolution
SECTION 5. The City Clerk shall attest and certify to the passage and adoption of this Resolution and enter it into the book of original resolutions, and it shall become effective immediately upon approval.
PASSED, APPROVED and ADOPTED this 12t" day of September, 2022.
THE CITY OF BELL GARDENS
Maria Pulido, Mayor
APPROVED AS TO FORM: ATTEST:
Rick Olivarez Daisy Gomez
City Attorney City Clerk
2of3
Exhibit 1 163
2022
EQUIPMENT PROCUREMENT AGREEMENT
(Procurement: Enforcement Vehicle, Police Pursuit Utility) (Parties: City of Bell Gardens and Folsom Lake Ford)
THIS EQUIPMENT PROCUREMENT AGREEMENT (hereinafter, "Agreement") is made and entered into this day of 2022 by and between the CITY OF BELL GARDENS, a municipal corporation (hereinafter, "City") and FOLSOM LAKE FORD (hereinafter, "Folsom Ford"). For the purposes of this Agreement, City and Folsom Ford may be referred to collectively by the capitalized term "Parties." The capitalized term "Party" may refer to City or Folsom Ford interchangeably.
RECITALS
WHEREAS, City is a municipal corporation organized under the laws of the State of California, with power to contract for services necessary to achieve its purpose; and WHEREAS, City desires the purchase two (2) Ford Police Interceptor Utility vehicles; and
WHEREAS, City desires to enter into an agreement with Folsom Ford for two (2) Ford Police Interceptor Utility vehicles upon the conditions set forth below; and WHEREAS, per Section 3.04.100(E) (Exceptions) of Chapter 3.04 (Purchasing System) of the Bell Gardens Municipal Code (hereinafter, "Section 3.04.100"), the purchasing policy may be dispensed with when supplies, services or equipment can be produced from a supplier who offers the same or better prices, terms and/or conditions as the supplier previously offered as the lowest responsible bidder under competitive procurement conducted by another city or public agency; and WHEREAS, on September 30, 2021, the Department of General Services (hereinafter "DGS") issued an Invitation for Bid (IFB) for the purchase of Midsize Utility Vehicle, Law Enforcement High Speed Vehicle Police Pursuit; and WHEREAS, on May 11, 2022, Folsom Lake Ford was awarded a Procurement Contract # 1-22-23-14C (hereinafter "Folsom Ford Contract"); and WHEREAS, authorized under Section 3.04.100(E) of the Bell Gardens Municipal Code but such to certain terms and conditions set forth, City wishes to avail itself to the opportunity to purchase certain equipment and services that meet the specifications of the Folsom Ford Contract at the same unit pricing and rates given to DGS under the Folsom Ford Contract; and
Exhibit 2 q64
WHEREAS, City desires to enter into an agreement with Folsom Ford for the purchase of two (2) Ford Police Interceptor Utility vehicles upon the conditions set forth below.
NOW, THEREFORE, for and in consideration of the mutual covenants and conditions herein contained, City and Folsom Ford agree as follows:
Section 1. DESCRIPTION OF EQUIPMENT AND SERVICES.
A. Subject to all the terms and conditions of this Agreement, Folsom Ford agrees to sell and deliver, those certain vehicles listed in Folsom Ford's 1-22-23-14C 2023 Police Interceptor Utility Equipment Group" dated August 31, 2022 (the "Quotation"). A true and correct copy of the Quotation is attached and incorporated hereto as Exhibit "A". For purposes of this Agreement, the capitalized term "Vehicles" shall refer to the Vehicles listed in the IFB. The unit prices charged by Folsom Ford to City for the Vehicles listed in the Quotation shall be no greater than the unit prices charged to DGS under the IFB. Except as otherwise provided herein the Vehicles shall in all respects meet the specifications set forth under the IFB and shall be subject to all warranties set forth under the IFB and Folsom Ford Contract (Collectively referred to as Folsom Ford Documents). A true and correct copy of the Folsom Ford Documents is attached and incorporated hereto as Exhibit"B".
B. Folsom Ford: performance under this Agreement includes all transportation services, labor, material, tools and equipment necessary for Folsom Ford to complete its delivery and off-loading of the Vehicles at the location(s) specified by the City Representatives in a good workmanlike manner. Folsom Ford shall not commence the delivery of the Vehicles until such time as City issues a written notice to proceed (hereinafter, the "Notice to Proceed") with the delivery, which notice shall specify the date, time and location of the delivery along with such other written instructions as may be provided by the City Representatives.
C. Folsom Ford shall perform all services and tasks contemplated under this Agreement continuously and with due diligence. Folsom Ford shall, among other things, be responsible for the delivery of the Vehicles to City and shall also provide its delivery personnel with all equipment and tools necessary to move the Vehicles from Folsom Ford's delivery vehicles to the location(s) specified by the City representatives. City shall in no way be responsible for undertaking the delivery of the Vehicles with its own personnel or any other contracted third-party, nor shall City be responsible for providing Folsom Ford's personnel with training, tools or equipment required to deliver the Vehicles. The Vehicles shall be delivered to City within three hundred and four (304) days from City's issuance of the written Notice to Proceed.
D. All Vehicles shall be subject to inspection by City and may be rejected by City if the Vehicles do not meet the specifications called for under this Agreement or is otherwise broken or defective. The Vehicles shall be considered accepted upon City's issuance of a written Notice of Acceptance, which shall not be unreasonably Exhibit 2 ?65
withheld or delayed. At any time prior to the issuance of a Notice of Acceptance, City may reject, return and demand the replacement of any Vehicles which does not meet the required specifications or is broken or defective and the cost of returning and replacing the Vehicles shall be borne solely and exclusively by Folsom Ford. At City's option, Vehicles that are rejected and returned by City shall be promptly replaced by Folsom Ford or the cost of such Vehicles shall be credited or refunded to City. No payment shall be required until replacement is complete.
Folsom Ford shall replace any and all Vehicles lost during delivery. Prior to the issuance of such Notice of Acceptance, Folsom Ford, at Folsom Ford's sole cost and expense, shall be required to make all such repairs, modifications or corrections to the Vehicles as may be necessary to ensure that the Vehicles will perform in accordance with the agreed specifications or replace any and all defective or incompatible parts as may be necessary to ensure that the Vehicles will perform in accordance with the established specifications.
E. City's acceptance of the Vehicles shall be conditioned upon the final inspection and performance testing of the Vehicles by City, to ensure that the Vehicles satisfy the requirements of the City and is capable of performing in accordance with performance standards set forth in the specifications of the IFB. City reserves the right to direct to replace, at no additional cost to City, any Vehicles which are determined to be damaged, defective or other non-compliant with such specifications.
F. Coordinated installation of all Vehicles will take place during the standard business hours.
G. Risk and Title. Folsom Ford shall bear risk of loss of the Vehicles, including any damage sustained during transportation to the delivery site. Risk in the Vehicles shall pass to City upon delivery. Transfer of title to Vehicles shall pass to City upon payment. Nothing in this subsection shall operate to restrict, limit or modify; (i) the right of City to reject or withhold acceptance of any Vehicles that are damaged, defective or which otherwise fails to meet the specifications called for herein; or(ii) the right of City to purse any other remedies under this Agreement in the event the Vehicles are defective or fails to meet specifications or upon Folsom Ford's breach of any ongoing duties or obligations set forth under this Agreement.
Section 2. REPRESENTATIVES
A. City Representative. For the purposes of this Agreement, the Agreement administrator and City's representative shall be Scott Fairfield, Chief of Police and his designee (hereinafter, the "City Representative"). It shall be Folsom Ford's responsibility to assure that the City Representative is kept informed of the progress of the performance of the services, and Folsom Ford 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.
Exhibit 2 ?66
B. Folsom Ford Representative. For the purposes of this Agreement Dan Raimondi, is hereby designated as the principal and representative of Folsom Ford authorized to act on its behalf with respect to Folsom Ford's performance under this Agreement and to make all decisions in connection therewith (the "Folsom Ford Representative"). Notice to the Folsom Ford Representatives shall be written to constitute notice to Folsom Ford.
Section 3. WARRANTIES
Folsom Ford shall extended to City all such warranties for the vehicles and delivery provided to DGS underthe IFB subject to the same terms and conditions set forth therein, including but not limited to the warranties referenced under Section 27 of the Folsom Ford Contract.
Section 4. COMPENSATION
A. Compensation for Vehicles. Folsom Ford shall sell, delivery of two (2) vehicles referenced in the Quotation at a unit pricing that is no greaterthan the unit pricing provided to DGS for identical vehicles under the IFB. The foregoing notwithstanding, in no event may Folsom Ford's total aggregate compensation for the sale and delivery of the vehicles exceed the aggregate sum of ONE HUNDRED-FOUR THOUSAND DOLLARS ($104,000.00) (the "Vehicle Agreement Price").
Section 5. PROHIBITED INTERESTS
Folsom Ford warrants, represents and maintains that it has not employed nor retained any company or person, other than a bona fide employee working solely for DGS, to solicit or secure this Agreement. Further, Folsom Ford 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 Folsom Ford, 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 6. INDEPENDENT CONTRACTOR
Folsom Ford will act hereunder as an independent contractor. This Agreement shall not and is not intended to constitute as an agent, servant, or employee of City and shall not and is not intended to create the relationship of partnership, joint venture or association between City and Folsom Ford.
Exhibit 2 167
Section 7. RECORDS AND INSPECTION
Folsom Ford shall maintain full and accurate records with respect to all matters covered under this Agreement for a period of three (3) years. City shall have access, without charge, upon reasonable notice, during normal business hours to such records, and the right to examine and audit the same and to make transcripts therefrom, and to inspect all program data, documents, proceedings, and activities. This right inspection shall not extend to the makeup of lump sum prices, day rates, or profit margins.
Section 8. CONFLICTS OF INTEREST
Folsom Ford hereby warrants for itself, its employees, and subcontractors that those persons presently have no interest and shall not obtain any interest, direct or indirect, which would conflict in any manner with the performance of the services contemplated by this Agreement. No person having such conflicting interest shall be employed by or associated with in connection with this project. Folsom Ford 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. Folsom Ford agrees that a clause substantially similar to this Section shall be incorporated into any sub-contract that executes in connection with the performance of this Agreement.
Section 9. INDEMNIFICATION
Folsom Ford shall indemnify, defend and hold harmless the City, its elected and appointed officials, commissioners, officers, employees, agents and volunteers for the same types of loss, claims, suits, actions, damages and causes of action and to the same extent afforded the DGS, DGS' officials, commissioners, officers, agents, employees and volunteers.
Section 10. INSURANCE
Folsom Ford shall at all times during its period of performance under this Agreement maintain all policies of insurance at the same coverage levels and of the same type and scope as set forth under the IFB.
Section 11. MUTUAL COOPERATION
A. City shall provide with all pertinent data, documents and other requested information as is reasonably available for the proper performance of Folsom Ford's services.
B. In the event any claim or action is brought against City relating to Folsom Ford's performance in connection with this Agreement, Folsom Ford shall render any reasonable assistance that City may require.
Exhibit 2 �68
Section 12. TERMINATION FOR CONVENIENCE; TERMINATION FOR CAUSE A. Termination for Convenience. Prior to the issuance of City's written notice to proceed, City may immediately terminate this Agreement, inclusive of the purchase of the vehicles, without cause, without liability and free of any charge or cost to City. Such termination for convenience shall be made in writing signed by the City Representative specifying the effective date of such termination. Folsom Ford may only terminate this Agreement for cause. Except as otherwise provided herein, in the event of City's termination of this Agreement for convenience, Folsom Ford shall be compensated for such vehicles delivered to and accepted by City up to the effective date of the termination.
B. Termination for Cause. In the event either Party fails to perform any duty, obligation, service or task set forth under this Agreement (or fails to timely perform or properly perform any such duty, obligation, service or task set forth under this Agreement), an event of default (hereinafter, "Event of Default") shall occur. For all Events of Default, the Party alleging an Event of Default shall give written notice to the defaulting Party (hereinafter referred to as a "Default Notice") which shall specify: (i) the nature of the Event of Default; (ii) the action required to cure the Event of Default; (iii) a date by which the Event of Default shall be cured, which shall not be less than the applicable cure period set forth under subsection 15(C) below or if a cure is not reasonably possible within the applicable cure period, to begin such cure and diligently prosecute such cure to completion. The Event of Default shall constitute a breach of this Agreement if the defaulting Party fails to cure the Event of Default within the applicable cure period or any extended cure period allowed under this Agreement. An Event of Default shall include, but shall not be limited to the following: (i) Folsom Ford'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) Folsom Ford'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 Folsom Ford, whether voluntary of involuntary; (iv) Folsom Ford's refusal or failure to perform or observe any covenant, condition, obligation or provision of this Agreement; and/or (v) City's discovery that a statement representation or warranty by relating to this Agreement is false or erroneous in any material respect.
C. Folsom Ford shall cure the following Events of Defaults within the following time periods:
1. Within ten (10) calendar days of City's issuance of a Default Notice for any failure to timely provide City or its agents with any information and/or written reports, documentation or work product which Folsom Ford is obligated to provide to City or its agents under this Agreement. Prior to the expiration of the 10-day cure period, Folsom Ford may submit a written request for additional time to cure the Event of Default upon a showing that it has commenced efforts to cure the Event of Default and that the Event of Default Exhibit 2 %9
cannot be reasonably cured within the 10-day cure period. The foregoing notwithstanding, City shall be under no obligation to grant additional time for the cure of an Event of Default under this subsection that exceedsthirty (30) calendar days from the end of the initial 10-day cure period; or
2. Within fifteen (15) calendar days of City's issuance of a Default Notice for any other Event of Default under this Agreement. Prior to the expiration of the 15-day cure period, may submit a written request for additional time to cure the Event of Default upon a showing that has commenced efforts to cure the Event of Default and that the Event of Default cannot be reasonably cured within the 30-day cure period. The foregoing notwithstanding, City shall be under no obligation to grant additional time for the cure of an Event of Default under this subsection that exceeds fifteen (15) calendar days from the end of the initial 15-day cure period.
If an Event of Default relates to a material falsehood or misrepresentation set forth in the equipment specifications that is not susceptible to a cure, City in its sole and absolute discretion may elect to treat the falsehood or misrepresentation as a breach of this Agreement or waive the falsehood or misrepresentation. The foregoing notwithstanding, the prior waiver of a falsehood or misrepresentation as an Event of Default shall not operate as a waiver or any other falsehood or misrepresentation later discovered by City.
D. Except as otherwise specified in this Agreement, City shall cure any Event of Default asserted by within forty-five (45) calendar days of Folsom Ford's issuance of a Default Notice, unless the Event of Default cannot reasonably be cured within the 45-day cure period. Prior to the expiration of the 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 shall be cured by City within thirty (30) calendar days from the date of Folsom Ford's Default Notice to City.
E. City, in its sole and absolute discretion, may also immediately suspend Folsom Ford's performance under this Agreement (or the performance of any specific task or function performed by under this Agreement) pending Folsom Ford's cure of any Event of Default by giving written notice of City's intent to suspend Folsom Ford'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, shall be compensated only for those services and tasks which have been rendered by to the reasonable satisfaction of City up to the effective date of the suspension. No actual or asserted breach of this Agreement on the part of City shall operate to prohibit or otherwise restrict City's ability to suspend this Agreement as provided herein.
F. No waiver of any Event of Default or breach under this Agreement shall constitute Exhibit 2 T70
a waiver of any other or subsequent Event of Default or breach. No waiver, benefit, privilege, or service voluntarily given or performed by a Party shall give the other Party any contractual rights by custom, estoppel, or otherwise.
G. The duties and obligations imposed under this Agreement and the rights and remedies available hereunder shall be in addition to and not a limitation of any duties, obligations, rights and remedies otherwise imposed or available by law. In addition to any other remedies available to City at law or under this Agreement in the event of any breach of this Agreement, City, in its sole and absolute discretion, may also pursue any one or more of the following remedies:
1. Upon written notice to Folsom Ford, the City may immediately terminate this Agreement in whole or in part;
2. Upon written notice to Folsom Ford, the City may extend the time of performance;
3. The City may proceed by appropriate court action to enforce the terms of the Agreement to recover damages for Folsom Ford's breach of the Agreement, obtain specific performance from Folsom Ford or to terminate the Agreement; or
4. The City may exercise any other available and lawful right or remedy.
H. In the event City is in breach of this Agreement, Folsom Ford's sole remedy shall be the suspension or termination of this Agreement and/or the recovery of any unpaid sums lawfully owed to under this Agreement for completed services and tasks. In no event shall Folsom Ford be entitled to receive more than the amount that would be paid to for the full performance of the services required by this Agreement.
I. No waiver of any default or breach under this Agreement shall constitute a waiver of any other default or breach, whether of the same or other covenant, warranty, agreement, term, condition, duty or requirement contained in this Agreement. No waiver, benefit, privilege, or service voluntarily given or performed by a Party shall give the other Party any contractual rights by custom, estoppel, or otherwise.
Section 13. FORCE MAJEURE
Folsom Ford shall not be liable for any failure to perform if presents acceptable evidence, in City's reasonable judgment, that such failure was due to causes beyond the control and without the fault or negligence of Folsom Ford.
Section 14. 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 Exhibit 2 f71
Folsom Ford 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 FOLSOM FORD:
City of Bell Gardens Folsom Lake Ford
7100 S. Garfield Ave. 12755 Folsom Blvd.
Bell Gardens, California 90201 Folsom, CA 95630
Attn: Chief Scott Fairfield, Chief of Attn: Dan Raimondi Police Phone: (916)353-2000
Section 15. PROHIBITION AGAINST ASSIGNMENT
Folsom Ford shall not delegate, transfer, subcontract or assign its duties or rights hereunder, either in whole or in part, without City's prior written consent, which shall not be unreasonably withheld or delayed and any attempt to do so shall be void and of no effect. City shall not be obligated or liable under this Agreement to any party other than Folsom Ford.
Section 16. ATTORNEY FEES
In the event that City or Folsom Ford commences any legal action or proceeding to enforce or interpret the provisions of this Agreement, the prevailing party shall be entitled to recover its costs of suit, including reasonable attorney's fees.
Section 17. 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 Folsom Ford 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 Folsom Ford.
Section 18. 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.
Exhibit 2 1T72
Section 19. 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 20. AMENDMENT;MODIFICATION
No amendment, modification or supplement of this Agreement shall be valid or binding unless executed in writing and signed by both Parties, subject to City approval. The requirement for written amendments, modifications or supplements cannot be waived and any attempted waiver shall be void and invalid
Section 21. 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 22. AUTHORIZATION
Both parties represent and warrant that the person executing this Agreement on behalf of each party is an authorized agent who has actual authority to bind each party to each and every term, condition, and obligation of this Agreement and that all requirements of each party have been fulfilled to provide such actual authority.
Section 23. SURVIVAL OF PROVISIONS AND OBLIGATIONS
Any provision of this Agreement, which by its nature must be exercised after termination of this Agreement, will survive termination and remain effective for a reasonable time. Any obligation that accrued prior to termination of this Agreement will survive termination of this Agreement.
Section 24. 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 q93
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 FOLSOM LAKE FORD
By: By:
Michael B. O'Kelly, City Manager
Date: Date:
Approved as to form-
By-
Rick Olivarez, City Attorney
Exhibit 2 q14
EXHIBIT "A"
QUOTATION
Exhibit 2 q15
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12755 FOLSOM BOULEVARD — _ � __
FOLSOM, CA 95630 - (916) 353-2000
DANIEL A. RAMAONDI
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Tall Free 1-500-655-0555
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fobs are no tlSde ddL ear vAtta a er£Alike 55� i�Y� . .k�i k P dote A ra taald with Keyed Jake hoe y le q wti b t fobbed alike Asa odafar � r „
r Ke Ye dAt ^-1435x
R4.00y
,S,ayed AtiYce-0135x _ _ 5St3
'
Keye y AhAhke..,mod'OY
d'Addke 5
"eyed µAtake •µ 12,9 tx
__. _..,... __....., sew t ^.w^rec'1Alike 0 151 r .
e
rra tow,
_ t s"faaar CCtadm frrzsrot'and rear
ef3
Seats _..r cdverst snraasude $.�.
arsca 2 raaaW t tio�
` � �tcrav G4otka�e efts
fired r Passenget v 2-w3y xr^ancak rec4ieta an wav A*J e 30.08 W2.AP 164gr 62 x 63 Ap N I2 1'3,ag,
.. ;e;sie�ned to aOtnsulnCS;»p~Ma:sn,wa sr•ra�ar,ayac.�nda& 52 a:7 rnm Md a`xz 75,4 3Q8 Nxcnes,tet t if,.3gs
nciuces 141., e,Pl'N.�wSI.J,aWr Ikp 3r10
ve °CiY-n1 s.r'r de4 yea,
Exhibit 2 179
POLICE INTERCEPTOR UTILITY
PROPRIETARY
EQUIPMENT GROUP
SELECT OPTIONS
..........
Police Perimeter Alert—detects,mottos rn an iipproxiirate�y 270-degree r� ...... . e."irlove
f ment as deterrmned to 6a a ihreal,chime AM sciAnd at 6evej 9 '.'100fS will Eck arid ,ndows root autornaticaay go,up at ievei 11 1nojucas visuai dmpjay in instrotnent ciuster, I;L
alltssorvASSiet with Pedestrian Defection es,Ponvard Callisiort and Automatic Emergency Braking)
Note Inc4udes u*ue one4aren leffitiorary ditabte vw4ch�oi Law Enictemem uso Now Not avaidable with option 96W $151,00
Mirrors-4eaW Sideview
NOW Not eaqui(o0when ofdavrig 6U.50 theareo mtreol it,includedwith BUS0 $64,00 Pennieter Anti.Theft Alarm
o Activated by Hood,Door or Lvftgate,:when unauthorized entry occurs,,system"I hash the neadfamps"parking fanvs anti 54und the horn 593 . Requires Keytess-Sntrj Key Fob(55F $125.00 Note: Cannot pe ordered with Kayed-Aike options
Plotme Engine Idle feature
his feature allows you to ieave me argme runninq and prevents your vehicle f n rom, 4 autho"o 47A $273�00 i .Se Ascher,aut%ldo of yot.lr Yemcro A Iows thq key to do from Vmtion wf,rdo venicie remarns ;Reveso ......
Ttty �ONTRAC
77777
Mote, "140,"avatiawe m*� arqo suaisgr vawi c3V 17A $63T00 Badge Delete
00kOW4 thle 1pohcle mtercepto, oaagm9or,r�--ac mate 160 N/C
-ietes a 'Interceptor' aadqwg on front h000(,E car Bk)osftp �arqo Storage'Vault(includes{ockzibie door and compartment Rqhtl Note- Nav,avadao4eMth Aux Air Crinditzonmg(,17A1. 63V $255M f Class al Trailer Tow LightiN Package(4-psn and 7-pin corinectom and%tinng) s2T 00 �48 AGM Battery,(M CCAJ92-arnp)
-------------111A—ao
:.ow-Bawd Frequency Noise Suppression Kit
Recommended for agencies that opetats radw equipment in the 39-46 MHz frequency,,arge 0J,, F Low Band—Channels 1-9 P Stir- $195�00
;rrovides,miss suppresstoo for m-,oar iwo-wav radivcxmimunwaftondevwes,m MHz. frequency range
Note: Nose Suppresstan Bond&i6OR;,30 ado
Nome Suppression Bonds(,Ground Straps�
Note: -ovv-Sand Freiloency Novia;Stipploswon Kit C68Ft 10Co1nftW1d*d R"K start.recreate radso SOP. equupment era ule,3946 MHz frequwv�y rwq&OVH��Love Band-,Ch*nrwils 1-9' CONTRACT Wait SireniSpeaker dncludes thracket and piafa*0
.00
- ----------
CSZ)-fir soilt conriector—A4kws up to 2 deykas to ba,covinottkX3 to III& d0htzi'ev's'-60-4„wart gig $57.00
t C,- :r%a r,id-,,�vear irc�wdet!�n EqCapment G4"pu2.S= SleridarG Egu:or-e�', Exhibit 2 180
EXHIBIT "B"
FOLSOM FORD DOCUMENTS
Exhibit 2 181
Department of General Services
;oJ Procurement Division
' 707 Third Street, 2nd Floor
'. West Sacramento, CA 95605-2811
State of California
STATEWIDE CONTRACT
USER INSTRUCTIONS
MANDATORY
ISSUE AND EFFECTIVE DATE: 5/11/2022
CONTRACT NUMBER: 1-22-23-14C
DESCRIPTION: Enforcement Vehicles, Police Pursuit
(Ford Explorer V6 AWD)
(Ford Explorer V6 AWD - H EV)
CONTRACTOR: Folsom Lake Ford
CONTRACT TERM: 5/11/2022 through 5/10/2025
STATE CONTRACT ADMINISTRATOR: Rudolph Jimenez
(279) 946-8312
RudoIoh.Jimenezn-das.ca.aov
The contract user instructions, products, and pricing are included herein. All purchase documents issued under this contract incorporate the contract terms and applicable California General Provisions-
Non-IT General Provisions rev 06/08/2010
(https-// www.dgs.ca.gov/-/media/DD 14F21678F64EBFADBC227F2C517C79.ashx) Cal eProcure link: www.cale� rocure.ca.�ov
ORDERP"LACEMENT INFORMATION
Contact Information:
Mailing Address: Fax/Email: Folsom Lake Ford
Folsom Lake Ford Fax: (916) 353-2078 Mark Paoli 12755 Folsom Blvd. Email: Phone: (916) 351-4202 Folsom, CA 95630 MarkPaoli folsomlakeford.com Email:
MarkPaoli folsomlakeford.com
Exhibit 2 182
STATE OF CALIFORNIA
DEPARTMENT OF GENERAL SERVICES
PROCUREMENT DIVISION
Contract (Mandatory) 1-22-23-14C
Contract User Instructions
All changes to most recent Supplement are in boid red italic. Additions are enclosed in asterisks; deletions are enclosed in brackets.
SUMMARY OF CHANGES
Supplement Description/Articles Supplement
Number Date
N/A Original Contract Posted 5/11/2022
All other terms and conditions remain the same.
Exhibit 2 PAR 2 5/11/2022
STATE OF CALIFORNIA
DEPARTMENT OF GENERAL SERVICES
PROCUREMENT DIVISION
Contract (Mandatory) 1-22-23-14C
Contract User Instructions
TABLE OF CONTENTS
1 SCOPE.............................................................................................................................. 5
2. CONTRACT USAGE/RULES ............................................................................................ 5
3. DGS ADMINISTRATIVE FEES..........................................................................................6
4. SB/DVBE OFF-RAMP PROVISION...................................................................................6
5. EXEMPT PURCHASES.....................................................................................................6
6. PROBLEM RESOLUTION/SUPPLIER PERFORMANCE .................................................6
7. CONTRACT ITEMS........................................................................................................... 7
8. SPECIFICATIONS............................................................................................................. 7
9. CUSTOMER SERVICE ..................................................................................................... 7
10. PRODUCT SUBSTITUTIONS ........................................................................................... 7
11. PROMOTIONAL PRICING ................................................................................................ 7
12. PURCHASE EXECUTION.................................................................................................8
13. MINIMUM ORDER............................................................................................................. 8
14. ORDERING PROCEDURE ...............................................................................................9
15. ORDER ACCEPTANCE ....................................................................................................9
16. ORDER RECEIPT CONFIRMATION.................................................................................9
17. OUT OF STOCK REMEDY ............................................................................................. 10
18. DISCONTINUED ITEM REMEDY.................................................................................... 10
19. DELIVERY SCHEDULES................................................................................................ 10
20. FREE ON BOARD (F.O.B.) DESTINATION .................................................................... 11
21. SHIPPED ORDERS......................................................................................................... 12
22. PACKING SLIP................................................................................................................ 12
23. PACKING LABEL ............................................................................................................ 13
24. SAFETY DATA SHEET ................................................................................................... 13
25. INSPECTION AND ACCEPTANCE................................................................................. 13
26. CONTRACT ADMINISTRATION ..................................................................................... 13
27. RETURN POLICY............................................................................................................ 14
28. CREDIT POLICY............................................................................................................. 14
29. RESTOCKING FEES....................................................................................................... 15
30. INVOICING...................................................................................................................... 15
31. PAYMENT ....................................................................................................................... 15
32. CALIFORNIA SELLER'S PERMIT................................................................................... 16 Exhibit 2 PA% 3 5/11/2022
STATE OF CALIFORNIA
DEPARTMENT OF GENERAL SERVICES
PROCUREMENT DIVISION
Contract (Mandatory) 1-22-23-14C
Contract User Instructions
33. WARRANTY.................................................................................................................... 16
34. WARRANTY REPAIR PARTS......................................................................................... 17
35. RECYCLED CONTENT................................................................................................... 17
36. SB/DVBE PARTICIPATION............................................................................................. 18
37. ATTACHMENTS.............................................................................................................. 18 Exhibit 2 PAB% 4 5/11/2022
STATE OF CALIFORNIA
DEPARTMENT OF GENERAL SERVICES
PROCUREMENT DIVISION
Contract (Mandatory) 1-22-23-14C
Contract User Instructions
1. SCOPE
The State's contract with Folsom Lake Ford (Contractor) provides Enforcement Vehicles, Police Pursuit at contracted pricing to the State of California and local governmental agencies in accordance with the requirements of Contract# 1-22-23-14C. The Contractor shall supply the entire portfolio of products as identified in the contract and will be the primary point of contact for data collection, reporting, and distribution of Enforcement Vehicles, Police Pursuit to the State.
The contract term is for three (3) years with an option to extend the contract for two (2) additional one (1) year period or portion thereof. The terms, conditions, and prices for the contract extension option shall be by mutual agreement between the Contractor and the State. If a mutual agreement cannot be met the contract may be terminated at the end of the current contract term.
2. CONTRACT USAGE/RULES
A. State Departments
• The use of this contract is mandatory for all State of California departments. • State departments must adhere to all applicable State laws, regulations, policies, best practices, and purchasing authority requirements, e.g. California Codes, Code of Regulations, State Administrative Manual, Management Memos, and State Contracting Manual Volume 2, as applicable.
• Prior to placing orders against this contract, State departments must have been granted non-IT purchasing authority by the Department of General Services, Procurement Division (DGS-PD) for the use of this statewide contract. State departments that have not been granted purchasing authority by DGS-PD for the use of the State's statewide contracts may contact DGS-PD's Purchasing Authority Management Section by e-mail at parrs adgs.ca.gov.
• State departments must have a Department of General Services (DGS) agency billing code prior to placing orders against this contract. Ordering departments may contact their Purchasing Authority contact or their department's fiscal office to obtain this information.
B. Local Governmental Agencies
• Local governmental agency use of this contract is optional. • Local government agencies are defined in Public Contract Code Chapter 2, Section 10298 (a) (b) and 10299 (b); this includes the California State Universities (CSU) and University of California (UC) systems, K-12 schools and community colleges empowered to expend public funds for the acquisition of products While the State makes this contract available to local governmental agencies, each local governmental agency should determine whether this contract is consistent with its procurement policies and regulations.
Exhibit 2 PA6% 5 5/11/2022
STATE OF CALIFORNIA
DEPARTMENT OF GENERAL SERVICES
PROCUREMENT DIVISION
Contract (Mandatory) 1-22-23-14C
Contract User Instructions
• Local governmental agencies shall have the same rights and privileges as State departments under the terms of this contract. Any local governmental agencies desiring to participate shall be required to adhere to the same responsibilities as do State departments and have no authority to amend, modify or change any condition of the contract.
• A DGS issued billing code is not required for local governmental agencies to place orders against this contract.
C. Unless otherwise specified within this document, the term "ordering agencies" will refer to all State departments and/or local governmental agencies eligible to utilize this contract. Ordering and/or usage instructions exclusive to State departments or local governmental agencies shall be identified within each article.
3. DGS ADMINISTRATIVE FEES
A. State Departments
The DGS will bill each State department an administrative fee for use of this statewide contract. The administrative fee should NOT be included in the order total, nor remitted before an invoice is received from DGS.
Current fees are available online in the Price Book & Directo[y of Services (https-// www.dgs.ca.gov/OFS/Price-Book) (go to Price Book Download and click on Purchasing under Procurement Division).
B. Local Governmental Agencies
For all local government agency transactions issued against the contract, the Contractor is required to remit the DGS-PD an Incentive Fee of an amount equal to
1.25 percent of the total purchase order amount excluding taxes and freight. This Incentive Fee shall not be included in the local governmental agency's purchase price, nor invoiced or charged to the local governmental agency. All prices quoted to local governmental agencies shall reflect State contract pricing, including any and all applicable discounts, and shall include no other add-on fees.
4. SB/DVBE OFF-RAMP PROVISION
There is no SB/DVBE off ramp associated with this contract.
5. EXEMPT PURCHASES
There are no exempt purchases associated with this contract.
6. PROBLEM RESOLUTION/SUPPLIER PERFORMANCE
Ordering agencies and/or Contractor shall inform the State Contract Administrator of any technical or contractual difficulties encountered during contract performance in a timely manner. This includes and is not limited to informal disputes, supplier performance, Exhibit 2 PA6_6 6 5/11/2022
STATE OF CALIFORNIA
DEPARTMENT OF GENERAL SERVICES
PROCUREMENT DIVISION
Contract (Mandatory) 1-22-23-14C
Contract User Instructions
outstanding deliveries, etc. The ordering agency should include all relevant information and/or documentation (e.g., purchase documents).
7. CONTRACT ITEMS
All line items are listed on Attachment A — Contract Pricing.
8. SPECIFICATIONS
All products listed on Attachment A, Contract Pricing, conform to Attachment 131, Specifications 2310-5644, dated 9/30/2021 and Attachment 132, Specifications 2310-5712, dated 9/30/2021.
9. CUSTOMER SERVICE
Contractor will provide office and personnel resources for responding to requests, including telephone coverage weekdays during the hours of 8.00 AM through 5.00 PM (PT).
Contact Phone Email
Customer Service Unit (916) 351-4202 MarkPaoli folsomlakeford.com
10. PRODUCT SUBSTITUTIONS
Product substitution shall be in accordance with the General Provisions (rev 06/08/10), Article 16 entitled "Substitutions".
11. PROMOTIONAL PRICING
During special pricing promotions, the Contractor shall offer the ordering agency the promotional pricing or the discount percentage off list, whichever is lower.
The Contractor shall notify the State Contract Administrator of all promotional pricing changes. Notification shall include at a minimum:
• Promotion start and end dates
• Models, products, and services included in the promotion • Promotional pricing
Promotional pricing shall not be cause for a permanent change in pricing. Promotional pricing shall not be cause for Contractor refresh.
Promotional items shall come with all benefits of the statewide contract terms and conditions and shall include all provisions such as warranty and delivery.
Exhibit 2 PA6% 7 5/11/2022
STATE OF CALIFORNIA
DEPARTMENT OF GENERAL SERVICES
PROCUREMENT DIVISION
Contract (Mandatory) 1-22-23-14C
Contract User Instructions
12. PURCHASE EXECUTION
A. State Departments
1) Std. 65 Purchase Documents
State departments not transacting in FISCAL must use the Purchasing Authority Purchase Order (Std. 65) for purchase execution. An electronic version of the Std. 65 is available at the Office of State Publishinq web site ( https://www.dgsapps.dgs.ca.gov/osp/StatewideFormsWeb/Forms.aspx) (select STD Forms).
All Purchasing Authority Purchase Orders (Std. 65) must contain the following:
• Agency Order Number (Purchase Order Number)
• Ordering Agency Name
• Agency Billing Code
• Purchasing Authority Number
• Leveraged Procurement Number (Contract Number)
• Supplier Information (Contact Name, Address, Phone Number, Fax Number, E-mail)
• Line Item number
• Quantity
• Unit of Measure
• Commodity Code Number
• Product Description
• Unit Price
• Extension Price
2) FISCAL Purchase Documents
State departments transacting in FISCAL will follow the FISCAL procurement and contracting procedures.
3) Blanket Orders
The use of blanket purchase orders against this statewide contract is not allowed.
B. Local Governmental Agencies
Local governmental agencies may use their own purchase document for purchase execution. The purchase documents must include the same data elements as listed above (Exception: Purchasing Authority Number and Billing Code which are used by State departments only).
13. MINIMUM ORDER
The minimum order shall be one (1) vehicle
Exhibit 2 PA6% 8 5/11/2022
STATE OF CALIFORNIA
DEPARTMENT OF GENERAL SERVICES
PROCUREMENT DIVISION
Contract (Mandatory) 1-22-23-14C
Contract User Instructions
14. ORDERING PROCEDURE
Ordering agencies are to submit appropriate purchase documents directly to the Contractor via one of the following ordering methods:
• U.S. Mail
• Facsimile
• Email
The Contractor's Order Placement Information is as follows:
ORDER'PLACEMENT INFORMATION
U.S. Mail: Email:
Folsom Lake Ford Facsimile: (916) 353-2078 MarkPaoli folsomlakeford.com 12755 Folsom Blvd.
Folsom, CA 95630
When using any of the ordering methods specified above, all State departments must conform to proper State procedures.
15. ORDER ACCEPTANCE
The Contractor shall accept orders from any ordering agency. The Contractor shall not accept purchase documents for this contract that:
• Are incomplete
• Contain non-contract items
• Contain non-contract terms and conditions
The Contractor must not refuse to accept orders from any ordering agency for any other reason without written authorization from the State Contract Administrator.
16. ORDER RECEIPT CONFIRMATION
The Contractor will provide ordering agencies with an email or facsimile order receipt confirmation within forty-eight (48) hours of receipt of purchase document. The Order Receipt Confirmation shall include the following information:
• Ordering agency name
• Agency order number (purchase order number)
• Purchase order total cost
• Anticipated delivery date
Exhibit 2 PAS 9 5/11/2022
STATE OF CALIFORNIA
DEPARTMENT OF GENERAL SERVICES
PROCUREMENT DIVISION
Contract (Mandatory) 1-22-23-14C
Contract User Instructions
17. OUT OF STOCK REMEDY
Upon receipt of an order acknowledgment identifying out of stock items, the ordering agencies shall have the following options:
• Request a back order
• Cancel the item from the order with no penalty
The Contractor will provide notification to the ordering agencies regarding out-of-stock items which have been back ordered.
Under no circumstance is the Contractor permitted to make substitutions with non-contract items or unauthorized products.
18. DISCONTINUED ITEM REMEDY
Upon receipt of an order acknowledgment identifying discontinued items, the ordering agencies shall have the following options:
• Amend purchase document to reflect State-approved substitute item (per Article 10, Product Substitutions)
• Cancel the item from the order
Under no circumstance is the Contractor permitted to make substitutions with non-contract items or unauthorized products without approval from the State Contract Administrator.
19. DELIVERY SCHEDULES
Delivery for orders placed against this contract shall be in accordance with the following:
A. Pre-Delivery Checklist
Prior to delivery, each vehicle shall be completely inspected, serviced, and detailed by the delivering dealer and/or the manufacturer's pre-delivery service center. A copy of the pre-delivery checklist shall be completed for each vehicle, signed by a representative of the organization performing the inspection/service, and delivered with the vehicle.
B. Delivery Documents
The following documents shall be delivered to the receiving agency with the vehicle:
• Completed and signed pre-delivery service checklist, including the order number and Vehicle Identification Number (VIN)
• "Line Set Tickets" or "Window Sticker" showing all options installed • One (1) copy of the vehicle warranty
• One (1) Owner's Manual
• Speed Calibration documentation for each vehicle
Exhibit 2 Pam 10 5/11/2022
STATE OF CALIFORNIA
DEPARTMENT OF GENERAL SERVICES
PROCUREMENT DIVISION
Contract (Mandatory) 1-22-23-14C
Contract User Instructions
C. Locations
Deliveries are to be made (statewide) to the location specified on the individual purchase order, which may include, but not limited to inside garages and parking lots.
D. Schedule
Delivery made to any State department is to begin within ninety (90) days after receipt of order (ARO). State departments may limit delivery to a maximum of ten (10) units per working day.
Delivery to local agencies is to be completed in full within 150 days ARO.
Since receiving hours for each ordering agency will vary by facility, it will be the Contractor's responsibility to check with each facility for their specific delivery hours before delivery occurs. The Contractor must notify the ordering agency within twelve (12) hours of scheduled delivery time, if delivery cannot be made within the time frame specified on the Order Confirmation.
Contractor is requested to make deliveries in Los Angeles County, Orange County, San Bernardino Metropolitan Area, and San Diego Metropolitan Area during off-peak hours. Off-peak hours are Monday through Friday, 10:00 AM to 4:00 PM.
E. Security Requirements
Deliveries may be made to locations inside secure grounds that require prior clearances or special entry procedures for delivery drivers.
Security procedures may vary from facility to facility. The Contractor will be responsible for contacting the secure location for security procedures, hours of operation for deliveries and service, dress code, and other rules of delivery.
Deliveries that are delayed due to drivers not being cleared to enter secure grounds may be cause for contract default.
20. FREE ON BOARD (F.O.B.) DESTINATION
All prices offered shall be F.O.B. destination; freight prepaid by the Contractor, to the ordering agency's receiving point. Responsibility and liability for loss or damage for all orders shall remain with the Contractor until final inspection and acceptance, when all responsibility shall pass to the ordering agency, except the responsibility for latent defects, fraud, and the warranty obligations.
The Contractor will be required to deliver vehicles to State agencies or local agencies FOB Destination, Sacramento County. Additionally, delivery shall be FOB Destination to the California Highway Patrol (CHP), Fleet Operations, 3300 Reed Ave., West Sacramento, California 95605.
Exhibit 2 PabW 11 5/11/2022
STATE OF CALIFORNIA
DEPARTMENT OF GENERAL SERVICES
PROCUREMENT DIVISION
Contract (Mandatory) 1-22-23-14C
Contract User Instructions
Vehicles shall be delivered from the factory to the Contractor's place of business. If the purchase order indicates delivery outside an FOB point, the Contractor and agency will negotiate for delivery beyond the FOB point. This delivery may be subject to an additional delivery charge by the resulting contractor(s). This charge shall be shown as a separate item on the purchase order and invoice.
State agencies requesting delivery outside the FOB area must contact the Transportation Management Unit for freight rate comparisons if the Contractor is delivering the vehicle.
These delivery instructions will be provided on the purchase order. Contractors receiving a purchase order without specific transportation instructions must contact the ordering agency.
Caravan or drive-away method of delivery from the factory to a dealer is not acceptable.
The supplier shall insure that each vehicle reaches its delivery point with no less than five (5) gallons of fuel in the fuel tank.
Drop ship deliveries shall not be made without prior State inspection.
Vehicles delivered from a Contractor with more than 50 miles on the odometer will be charged 50 cents for each mile exceeding 50 miles. This charge shall be deducted from the order price for each vehicle delivered against each order. Vehicles delivered with more than 250 miles on the odometer will not be accepted.
21. SHIPPED ORDERS
All shipments shall be in accordance with the General Provisions, Article 12 entitled "Packing and Shipment".
22. PACKING SLIP
A packing slip will be included with each shipment, which will include at least the following information in no particular order:
• Agency order number (purchase order number)
• Ordering agency name
• Line item description
• Quantity ordered
• Quantity included in shipment
• Any back ordered or out of stock items and availability date of unfilled and partial shipment
• Number of parcels
• Destination
• All information contained on the packing label
Exhibit 2 PabW 12 5/11/2022
STATE OF CALIFORNIA
DEPARTMENT OF GENERAL SERVICES
PROCUREMENT DIVISION
Contract (Mandatory) 1-22-23-14C
Contract User Instructions
23. PACKING LABEL
A packing label will also be included with each order shipped and include the following items, visible on the outside of the box:
• Ordering agency name
• Delivery address, unit, and/or floor
• Department and floor
• Ordering agency contact name
• Ordering agency telephone number
24. SAFETY DATA SHEET
The Contractor shall provide a Safety Data Sheet for product(s) subject to Title 8 of the California Code of Regulations, Section 5194, Hazard Communication. The Safety Data Sheet is to be prepared and delivered in accordance with this Section.
25. INSPECTION AND ACCEPTANCE
Vehicles ordered for State use will be inspected by a State Inspector at the Contractor's place of business. Inspection by local agencies will be at the Contractor's place of business or as otherwise agreed to by the dealer and local purchasing agency. Inspection will commence within five (5) State working days of notification that a vehicle is ready for inspection. Inspection will include: specification compliance, workmanship, appearance, proper operation of all equipment and systems, and that all documents are present. In the event deficiencies are detected, the vehicle will be rejected and the delivering Contractor will be required to make the necessary repairs, adjustments or replacements. Payment and/or the commencement of a discount period (if applicable) will not begin until the defects are corrected and the vehicle is re-inspected and accepted.
Completion of inspection or acceptance by the State Inspector shall in no way release the Contractor from satisfying the requirements of the contract, specifications, and warranty.
Deviations from the specified requirements that are detected by the inspection shall be corrected by the Contractor in an expeditious manner at no expense to the owning agency.
Inspection by local agencies will be at the dealer's place of business or as otherwise agreed to by the dealer and local purchasing agency.
26. CONTRACT ADMINISTRATION
Both the State and the Contractor have assigned contract administrators as the single points of contact for problem resolution and related contract issues.
Exhibit 2 PabV 13 5/11/2022
STATE OF CALIFORNIA
DEPARTMENT OF GENERAL SERVICES
PROCUREMENT DIVISION
Contract (Mandatory) 1-22-23-14C
Contract User Instructions
Administrator Information DGS-PD Folsom Lake Ford Contact Rudolph Jimenez Mark Paoli
Name:
Telephone: 279 946-8312 916 951-4202
Facsimile: 916 375-4613 916 353-2078
Email: Rudolph.Jimenezadcs.ca.Qov MarkPaoli folsomlakeford.com Address: DGS/Procurement Division Folsom Lake Ford Attn: Rudolph Jimenez Attn: Mark Paoli
707 Third Street, 2nd Floor, MS 201 12755 Folsom Blvd.
West Sacramento, CA 95605 Folsom, CA 95630
27. RETURN POLICY
The Contractor will accept all products for return at no cost to the ordering agency within thiry (30) calendar days of delivery, and refund the customer in full.
Products returned should be in the packaging as delivered and include all documentation.
Lost or damaged packaging materials and/or documentation shall be supplied by the Contractor. The Contractor shall not charge for these materials in excess of the Contractor's cost or the 10 percent restocking fee, whichever is lower. The Contractor shall provide the State Contract Administrator and/or ordering agency a copy of the Contractor's material cost, if requested, within ten (10) days of request.
All returns shall be picked up within seven (7) working days of notification. Notification is defined as notice in writing, by facsimile, or e-mail.
28. CREDIT POLICY
The Contractor shall offer a credit/refund for the following items:
• Items shipped in error
• Items that are returned within thirty (30) calendar days of delivery • Defective or freight-damaged items
In all cases, the ordering agency shall have the option of taking an exchange or receiving a credit, or receiving a refund.
The Contractor will be responsible for the credit or replacement of all products, including those covered by manufacturer warranties. The Contractor cannot require the ordering agency to deal directly with the manufacturer.
Exhibit 2 PabV 14 5/11/2022
STATE OF CALIFORNIA
DEPARTMENT OF GENERAL SERVICES
PROCUREMENT DIVISION
Contract (Mandatory) 1-22-23-14C
Contract User Instructions
29. RESTOCKING FEES
The Contractor will not impose a restocking fee on the ordering agency for the following situations:
• Items returned that were damaged upon receipt
• Incorrect items shipped
• Items that are returned within thirty (30) calendar days of delivery • Items that are returned, but exchanged for other items within thirty (30) calendar days Re-stocking fees for all other reasons shall be 10 percent of the value of the items to be re-stocked.
The packaging and documentation provisions in accordance with Article 27, Return Policy, shall apply to re-stocked items.
The Contractor will not be required to accept returns more than sixty (60) days after delivery. The ordering agency will be responsible for return transportation costs to the Contractor if so accepted after sixty (60) days after delivery.
30. INVOICING
Ordering agencies may require separate invoicing, as specified by each ordering agency.
Invoices will contain the following information:
• Contractor's name, address and telephone number
• Leveraged Procurement Agreement Number (Contract Number) • Agency order number (purchase order number)
• Item and commodity code number
• Quantity purchased
• Contract price and extension
• State sales and/or use tax
• Prompt payment discounts/cash discounts, if applicable • Totals for each order
31. PAYMENT
A. Terms
Payment terms for this contract are net forty-five (45) days. Cash Discount of$500 per unit for payment within twenty (20) days. Payment will be made in accordance with the provisions of the California Prompt Payment Act, Government Code Section 927, et seq. Unless expressly exempted by statute, the Act requires State departments to pay properly submitted, undisputed invoices not more than forty-five (45) days after the date of acceptance of goods, performance of services, or receipt of an undisputed invoice, whichever is later.
Exhibit 2 PabW 15 5/11/2022
STATE OF CALIFORNIA
DEPARTMENT OF GENERAL SERVICES
PROCUREMENT DIVISION
Contract (Mandatory) 1-22-23-14C
Contract User Instructions
B. CAL-Card Use
Use of the CAL-Card for payment of invoices is not allowed under this statewide contract.
C. State Financial Marketplace
State departments reserve the right to select the form of payment for all procurements, be it either an outright purchase with payment rendered directly by the State, or a financing/lease-purchase or operating lease via the State Financial Marketplace (GS $Mart and/or Lease $Mart). If payment is via the financial marketplace, the Contractor will invoice the State department and the State department will approve the invoice and the selected Lender/Lessor for all product listed on the State's procurement document will pay the Contractor on behalf of the State.
D. Payee Data Record
Each State department's accounting office must have a copy of the Contractor's Payee Data Record (Std. 204) in order to process payments. State departments should forward a copy of the Std. 204 to their accounting offices. Without the Std. 204, payment may be unnecessarily delayed. State departments should contact the Contractor for copies of the Payee Data Record.
32. CALIFORNIA SELLER'S PERMIT
The California seller permit number for the Contractor is listed below. Ordering Agencies can verify that permits are currently valid at the following website. www.cdtfa.ca.pov .
State departments must adhere to the file documentation identified in the State Contracting Manual Volume 2.
Contractor Name Seller Permit#
Folsom Lake Ford 26-797640
33.WARRANTY
The manufacturer's regular new vehicle warranty shall apply to all vehicles procured against the resulting contract.
The warranty shall be factory authorized and shall cover not less than 3 years/36,000-mile bumper to bumper, no charge parts and labor. All emission-related components shall be warranted in compliance with the California Air Recourses Board (CARB) and Federal requirements. Bids offering independent insurance or a statement indicating self-insurance will be deemed non-responsive and will be rejected.
This warranty shall be honored by all franchised dealers of the vehicle within the State of California. The State's established preventative maintenance procedures and practices shall be acceptable to the manufacturer/dealers in lieu of the manufacturer's prescribed Exhibit 2 PabV 16 5/11/2022
STATE OF CALIFORNIA
DEPARTMENT OF GENERAL SERVICES
PROCUREMENT DIVISION
Contract (Mandatory) 1-22-23-14C
Contract User Instructions
procedures, which may form a part of the warranty. All warranty certificates and/or cards shall be supplied with each vehicle delivered.
If an additional extended warranty is purchased, a warranty certificate, warranty card, or a statement indicating the extended warranty has been recorded with the manufacturer shall be furnished with each vehicle delivered.
Normal wear items such as tires, belts, hoses, headlamps, light bulbs, brake linings, brake discs/drums, etc. are excluded from warranty coverage. All other items not subject to normal wear or gross operator neglect and abuse, such as window, seat or wiper motors, chassis electrical switches (door, trunk lid), paint, hinges, locks, etc., shall be covered.
The State reserves the right to use re-refined lubrication oils, where available, in lieu of the virgin equivalent oils. The re-refined oils used by the State will meet all API and SAE standards and specifications as set forth by the vehicle manufacturer. The use of said oils shall in no way void or degrade the original manufacturer's minimum 3-year/36,000-mile warranty.
The State reserves the right to use recycled content antifreeze/coolant, where available, in lieu of virgin equivalent antifreeze/coolant, in servicing its vehicles. The recycled antifreeze/coolant used by the State will meet all ASTM standards and specifications as set forth by the vehicle manufacturer. The use of said recycled antifreeze/coolant shall in no way void or degrade the original manufacturer's minimum 3-year/ 36,000-mile warranty. "Manufacturer's Warranty Policy and Procedures Manual" shall be made available upon customer request. The solicitation shall also require each awarded Bidder to designate by name, a responsible contact and alternate assigned for the duration of the contract, who will resolve State warranty-related claims on a priority basis.
Note: Vehicles not placed in service immediately upon receipt shall be warranted from the date the unit is placed in service. The receiving agency shall notify the dealer in writing of the actual "in-service" date.
34.WARRANTY REPAIR PARTS
It shall be the responsibility of the Contractor to maintain an adequate stock of all regular and special parts to meet the continuing service and warranty repair parts needs of the State without undue delay. A special system shall be set up for expediting the procurement of back order items needed to repair an inoperative vehicle including a system to air freight parts at the Contractor's expense when parts are not in stock in California parts depots.
Warranty replacement parts shall be available within three (3) working days after telephone notification.
35. RECYCLED CONTENT
There is no recycled content associated with this contract.
Exhibit 2 PabV 17 5/11/2022
STATE OF CALIFORNIA
DEPARTMENT OF GENERAL SERVICES
PROCUREMENT DIVISION
Contract (Mandatory) 1-22-23-14C
Contract User Instructions
36. SB/DVBE PARTICIPATION
There is no Small Business (SB) or Disabled Veteran Business Enterprise (DVBE) participation for this contract.
37.ATTACHMENTS
Attachment A— Contract Pricing
Attachment B 1, Specifications 2310-5644, dated 9/30/2021 Attachment B2, Specifications 2310-5712, dated 9/30/2021 Exhibit 2 PabW 18 5/11/2022
Das
State of California 2310-5644, Rev 0
Bid Specification 1-22-23-14C
j I F""'�All j 1""'VIC",F; MIDSIZE UTILITY VEHICLE, Attachment B1
LAW ENFORCEMENT HIGH SPEED VEHICLE
POLICE PURSUIT
Document Summary
Detail Type Detail
Event ID 0000020265
Commodity MIDSIZE UTILITY VEHICLE, LAW ENFORCEMENT HIGH SPEED
VEHICLE POLICE PURSUIT
Attachment Exhibit Attachment B1
Group-Class 23-10
Bid Specification 2310-5644
Revision Level Original
Revision Date September 30, 2021
Agency Name Statewide
Revision His to
Bid Rev Revision Author Summary of Changes
Spec Level Date
2310-4264 Original Aril 12, 2018 MADUELL, R First Bid Development 2310-5644 1 Original I Sept 30, 2021 1 Lai, Y Bid Development Lai, Y Page 1 of 11 Sept. 30, 2021
Exhibit 2 200
Das
State of California 2310-5644, Rev 0
Bid Specification 1-22-23-14C
j I F""'�All j 1""'VIC",F; MIDSIZE UTILITY VEHICLE, Attachment B1
LAW ENFORCEMENT HIGH SPEED VEHICLE
POLICE PURSUIT
Table of Contents
DocumentSummary........................................................................................................1 RevisionHistory...............................................................................................................1 Tableof Contents ............................................................................................................2
1.0 SCOPE ..................................................................................................................3
2.0 APPLICABLE LAWS and INDUSTRY STANDARDS.............................................3
2.1 LAWS and REGULATIONS................................................................................3
2.2 INDUSTRY STANDARDS ..................................................................................3
3.0 TECHNICAL REQUIREMENTS.............................................................................3
3.1 GENERAL REQUIREMENTS.............................................................................4
3.2 ENGINE..............................................................................................................4
3.3 ENGINE OIL COOLER.......................................................................................4
3.4 FUEL SUPPLY SYSTEM....................................................................................4
3.5 FUEL TANK........................................................................................................4
3.6 COOLING SYSTEM ...........................................................................................4
3.7 ELECTRICAL SYSTEM......................................................................................5
3.8 TRANSMISSION ................................................................................................5
3.9 BRAKES .............................................................................................................5
3.10 WHEELS AND TIRES ........................................................................................5
3.11 SUSPENSION ....................................................................................................6
3.12 DIFFERENTIAL..................................................................................................6
3.13 RADIO SUPPRESSION .....................................................................................6
3.14 BODY .................................................................................................................7
3.15 EXTERIOR COLOR ...........................................................................................7
3.16 INTERIOR/SEAT UPHOLSTERY.......................................................................7
3.17 SPEEDOMETER................................................................................................7
3.18 PAYLOAD...........................................................................................................7
3.19 RADIO ................................................................................................................8
3.20 SPOTLIGHTS.....................................................................................................8
3.21 HOOD-LATCH RELEASE ..................................................................................8
3.22 FLOOR COVERING ...........................................................................................8
3.23 INTERIOR AREA................................................................................................8
3.24 CONTROLLER AREA NETWORK (CAN) SYSTEM ..........................................8
3.25 MISCELLANEOUS EQUIPMENT.......................................................................8
3.26 PERFORMANCE REQUIREMENTS: See Exhibit 1 for testing methodology...10 Lai, Y Page 2 of 11 Sept. 30, 2021
Exhibit 2 201
Das
State of California 2310-5644, Rev 0
Bid Specification 1-22-23-14C
F J I F 1,,�All i 1 "VIC",F MIDSIZE UTILITY VEHICLE, Attachment B1
LAW ENFORCEMENT HIGH SPEED VEHICLE
POLICE PURSUIT
1.0 SCOPE
This specification describes the State of California minimum requirements for an all or rear wheel drive midsize utility vehicle (UV) to be used in high-speed highway traffic and general law enforcement work. The vehicle will at times be operated at speeds in excess of 100 miles per hour for both short and long durations. It will be driven on all types of roads, and road surfaces and at altitudes ranging from approximately 200 feet below sea level to 10,000 feet above sea level. Ambient temperatures to which the vehicle will be exposed will range from approximately 0°F to 120°F.
The manufacturer shall use components, materials and design practices that are the best available in the industry for the type of operational conditions to which the vehicles will be subjected. Engine, transmission, driveline, differential, brake, suspension, wheel, tire and other component parts of the vehicle shall be selected to give maximum performance, service life, as well as safety and not merely meet the minimum requirements of this specification. Where necessary, the component parts shall exceed the usual quantity, quality, or capacity generally supplied with standard production vehicles in order to withstand the unusual strain, exposure, temperature, wear and use required for a police application.
2.0 APPLICABLE LAWS and INDUSTRY STANDARDS
Specifications, standards and codes referenced in this document in effect on the opening of the `Invitation for Bid', form a part of this specification.
2.1 LAWS and REGULATIONS
2.1.1 Applicable California Vehicle Code (CVC).
2.1.2 Code of Federal Regulations, Title 49, "Federal Motor Vehicle Safety Standard" (FMVSS)
2.1.3 California Code of Regulations, Title 13, "Motor Vehicles" rules and regulations (except emissions regulations)
2.1.4 Federal and State rules, regulations, and safety standards applicable to the vehicle type in effect on the date of the opening of the invitation for bid.
2.1.5 Vehicles shall meet 50 State emissions requirements that allow the resale of these vehicles to the general public as originally equipped upon emergency vehicle "service life" completion
2.2 INDUSTRY STANDARDS
2.2.1 Society of Automotive Engineers (SAE) J 1100, "Motor Vehicle Dimensions" and other applicable SAE standards.
3.0 TECHNICAL REQUIREMENTS
All vehicles offered in compliance with these specifications shall be the manufacturer's "Police Pursuit" rated midsize UV model and shall be suitable for high-speed pursuit and emergency driving. All vehicles shall meet the following minimum specifications:
Lai, Y Page 3 of 11 Sept. 30, 2021
Exhibit 2 202
Das
State of California 2310-5644, Rev 0
Bid Specification 1-22-23-14C
F j I F All 1 "VIC",F MIDSIZE UTILITY VEHICLE, Attachment B1
LAW ENFORCEMENT HIGH SPEED VEHICLE
POLICE PURSUIT
3.1 GENERAL REQUIREMENTS
3.1.1 Each vehicle shall be new (unused), current model year production. Each vehicle shall be supplied with all equipment and accessories indicated as standard equipment in the manufacturer's published literature unless specifically deleted as stated in this specification. Optional equipment necessary to meet the requirements of this specification shall also be installed.
3.2 ENGINE
3.2.1 The engine shall be a manufacturer's "Police Package" configuration and shall have a displacement, to be determined by the manufacturer, sufficient so that all performance requirements described in Section 1.0, Scope and Section 3.25, Performance Requirements are achieved.
3.2.2 The engine shall be designed to operate knock free at all engine and vehicle speeds on unleaded fuel with a minimum octane rating of 87 [(RM + MM) = 2].
3.3 ENGINE OIL COOLER
3.3.1 An auxiliary engine oil cooler shall be installed if required to maintain oil operating temperatures <_ 300°F, under operating conditions described in the Section 1.0 of this specification.
3.4 FUEL SUPPLY SYSTEM
3.4.1 The fuel supply system shall be of such a design to eliminate vapor lock when the engine is operating in high ambient temperatures or during periods of extended idling.
3.5 FUEL TANK
3.5.1 The fuel tank furnished shall be the largest capacity available.
3.6 COOLING SYSTEM
3.6.1 The cooling system shall be liquid pressurized, forced circulation type. The manufacturer shall provide the heaviest duty cooling system components and recovery system applicable to the model offered. The cooling system design and capacity shall maintain the engine at optimum temperature, under all operating conditions specified, without any loss of coolant or overheating of engine or components. The cooling system shall be free of contaminants that may affect cooling system component longevity and performance. Optimum engine temperature shall be maintained with the vehicle loaded to the vehicle manufacturer's published maximum gross vehicle weight rating (GVWR) and continually operated in all operating environments described within the scope of this specification.
Lai, Y Page 4 of 11 Sept. 30, 2021
Exhibit 2 203
Das
State of California 2310-5644, Rev 0
Bid Specification 1-22-23-14C
F j I F 1,,�All i 1 "VIC",F MIDSIZE UTILITY VEHICLE, Attachment B1
LAW ENFORCEMENT HIGH SPEED VEHICLE
POLICE PURSUIT
3.7 ELECTRICAL SYSTEM
3.7.1 The electrical system shall be 12-volt negative ground. All wiring shall include weather-proof connectors.
3.7.2 The vehicle battery shall be the optional heaviest duty type available, compatible with the vehicle charging system and intended for police service. The vehicle battery shall have a minimum of 700 cold cranking amps, with a manufacturing date not exceeding six (6) months prior to vehicle delivery. Vehicles will not be accepted with batteries exhibiting less than 90 percent of full charge at time of delivery.
3.7.3 The generator/alternator shall be the highest capacity optional generator/alternator listed in the manufacturer's current police package brochure applicable to the vehicle bid. It shall have a minimum 200-amp output.
3.8 TRANSMISSION
3.8.1 The transmission shall be fully automatic transmission equipped with auxiliary transmission fluid coolers, if necessary, to maintain oil operating temperatures not to exceed 275°F, maximum. Console or floor mounted shifters are acceptable but must be capable of allowing the installation of California Highway Patrol (CHP) radio and equipment.
3.9 BRAKES
3.9.1 The brakes shall be power assisted and feature an anti-lock brake system (ABS). All four wheels shall be equipped with disc brakes. Friction material shall be designed for police applications.
3.10 WHEELS AND TIRES
3.10.1 Each vehicle shall be supplied with five (5) matching wheels and tires. One (1) of the five (5) shall be a matching full-size wheel and spare tire. A space saver type spare tire is not acceptable. The wheels shall have a safety ridge rolled into the rim or otherwise designed to prevent the tire from separating from the wheel in the event of a flat. Wheels shall be steel construction, designed for police applications. Lug nuts shall be covered with a center cap. Manufacturer's standard Tire Pressure Monitoring System shall be supplied. If a tire pressure activation tool is needed to reset the light on the tire pressure monitoring system, one tool shall be provided for each vehicle as part of this requirement.
3.10.2 The vehicle manufacturer shall test and certify tires as acceptable for original equipment and replacement installation on the police package vehicle specified in this invitation for bid.
3.10.3 Any wheel weights used shall be "non-lead" type.
Lai, Y Page 5 of 11 Sept. 30, 2021
Exhibit 2 204
Das
State of California 2310-5644, Rev 0
Bid Specification 1-22-23-14C
j I F""'�All j 1""'VIC",F; MIDSIZE UTILITY VEHICLE, Attachment B1
LAW ENFORCEMENT HIGH SPEED VEHICLE
POLICE PURSUIT
3.11 SUSPENSION
3.11.1 The front and rear suspension including shock absorbers shall be designed for police work. Front and rear stabilizer bars are required.
3.12 DIFFERENTIAL
3.12.1 The differential shall be the conventional type, ring and pinion gears, with a ratio designed to give the best overall performance for the transmission and tire size installed on the vehicle. The gear ratio shall be the same on all vehicles.
3.13 RADIO SUPPRESSION
3.13.1 The vehicle shall not cause the radio system to be affected by any electromagnetic interference (EMI) or radio frequency interference (RFI) including but not limited to the following radio frequencies currently in use by CHP vehicles:
a) Low Band: 39 - 46 MHz Transmit and Receive.
b) Repeaters: 153 -155 MHz Transmit and Receive.
c) Radio, UHF 440 - 490 MHz Transmit and Receive.
d) Allied Radio 806 - 870 MHz Transmit and Receive.
e) Allied Radio 581 - 866 MHz Transmit and Receive.
f) Allied Radio 159 - 173 MHz Transmit and Receive.
g) Allied Radio 150 - 174 MHz Transmit and Receive.
h) Radio / Repeater 764 - 806 MHz Transmit and Receive. i) Canines 26 - 28 MHz Receive.
j) Canines 303.9 MHz Receive.
k) Computers: 896-901 MHz Transmit, 935-940 MHz Receive. 1) Canines: 303.875 MHz Receive.
3.13.2 The vehicle should not cause the radio system more than one (1) dB of radio degradation at the antenna whether it be radiated or conducted radio frequency interference (RFI), or electromagnetic interference (EMI). If the vehicle causes the radio system any two or all three types of interference, the total combined allowable receiver degradation is 1 dB at all CHP frequencies. See Exhibit 2 for radio degradation testing details.
Lai, Y Page 6 of 11 Sept. 30, 2021
Exhibit 2 205
Das
State of California 2310-5644, Rev 0
Bid Specification 1-22-23-14C
F J I F 1,,�All i 1 "VIC",F MIDSIZE UTILITY VEHICLE, Attachment B1
LAW ENFORCEMENT HIGH SPEED VEHICLE
POLICE PURSUIT
3.14 BODY
3.14.1 The body shall be a four door, midsize SUV with center post. Protective side molding shall not be installed on the vehicle. This is to permit installation of an Agency insignia (33" long by 20" high) without trim interference.
3.14.2 The wheel wells shall be constructed so that OEM approved tire chains or cables may be installed in a conventional manner, without clearance problems and without causing body or structural damage to the vehicle.
3.15 EXTERIOR COLOR
3.15.1 The body shall be painted manufacturer's gloss black. The roof panel and lower portion of both front doors below the window belt line shall be painted manufacturer's gloss bright white. After-factory applied paint to accomplish the white portion of the two-tone paint scheme is acceptable if factory applied black and white two-tone paint configuration is unavailable from the manufacturer.
3.16 INTERIOR/SEAT UPHOLSTERY
3.16.1 Front seats shall be bucket type accommodating the installation of a center console by the end user. A 60/40 split bench/bucket type seat is not acceptable. The driver's seat shall be power adjustable and shall be designed for maximum comfort, support and durability. The front and rear seats shall be the manufacturer's standard cloth upholstery (A vinyl rear set is acceptable provided the manufacturer warranties the vinyl seat material against sun and heat damage for not less than three (3) years).
3.17 SPEEDOMETER
3.17.1 The vehicle described in this specification will be used in law enforcement and speedometer accuracy is essential. The speedometer shall be calibrated and be accurate within two (2) miles per hour at speeds from 15 to 100 miles per hour of the true vehicle speed, within the environmental operating conditions specified in Section 1.0 Scope. A digital only speedometer is preferred and shall be installed if offered. If equipped with an analog speedometer, the dial face shall be marked up to a minimum of 140 miles per hour and the face markings shall be in increments no greater than two (2) miles per hour. The design of the speedometer, whether analog or digital, shall be such to ensure accuracy throughout the life of the vehicle. A letter of certification of accuracy shall be provided with each unit and shall be applicable to both digital and analog displays. The bidder shall specify the size of tires for which the speedometer is certified.
3.18 PAYLOAD
Lai, Y Page 7 of 11 Sept. 30, 2021
Exhibit 2 206
Das
State of California 2310-5644, Rev 0
Bid Specification 1-22-23-14C
F j I F 1,,�All i 1 "VIC",F MIDSIZE UTILITY VEHICLE, Attachment B1
LAW ENFORCEMENT HIGH SPEED VEHICLE
POLICE PURSUIT
3.18.1 The vehicle shall have a minimum payload of 1500 Ibs when configured in the standard Police Pursuit rated version.
3.19 RADIO
3.19.1 Vehicle shall be factory equipped with the factory base radio and at least two (2) front mounted radio speakers and two (2) rear mounted radio speakers.
3.20 SPOTLIGHTS
3.20.1 Factory installed A-Pillar incandescent spotlights with 2 wire handles, one spotlight on each A-Pillar. Shall be a glass sealed beam incandescent bulb H-7635. The two wire handles shall have one black and one red color wire each 48 inches in length and non-terminated. If factory is unable to install the spotlights, factory shall prepare the vehicle structure ready for spotlight installation (i.e. manufacturer shall at a minimum install spotlight brackets and drill A-pillar through-holes) and send the spotlight assemblies to CHP for installation.
3.21 HOOD-LATCH RELEASE
3.21.1 The hood latch release shall be mounted inside the front passenger compartment so that the hood cannot be readily opened from outside the vehicle. The release shall be readily accessible to the seated driver.
3.22 FLOOR COVERING
3.22.1 The floor covering of the front and rear floor shall be standard rubber, vinyl or carpet. The color shall be keyed to the upholstery color. OEM floor mats shall be included for carpeted vehicles.
3.23 INTERIOR AREA
3.23.1 The Vehicle shall be equipped with 1st and 2nd row seats only and shall have a seating capacity of minimum 5.
3.24 CONTROLLER AREA NETWORK (CAN) SYSTEM
3.24.1 At a minimum, the vehicle shall make available in usable format the following vehicle signals via the vehicle's CAN for use by the CHP's emergency vehicle equipment (Whelen CenCom Core ® or similar): engine running, vehicle speed, brake-service (indicator of brake pedal being applied), doors (open/closed state of all doors and hatch), turn signal (right, left), transmission selector position (park, reverse, neutral, drive), and key position (off, accessory, run, crank).
3.25 MISCELLANEOUS EQUIPMENT
Lai, Y Page 8 of 11 Sept. 30, 2021
Exhibit 2 207
Das
State of California 2310-5644, Rev 0
Bid Specification 1-22-23-14C
F j I F All 1 "VIC",F MIDSIZE UTILITY VEHICLE, Attachment B1
LAW ENFORCEMENT HIGH SPEED VEHICLE
POLICE PURSUIT
3.25.1 The vehicle shall be equipped with the following miscellaneous equipment:
a) Backup camera with display.
b) Reverse sensing.
c) Heated driver and passenger mirrors.
d) Tilt steering wheel.
e) Fresh air type heater and defroster. Refrigeration air conditioning of a size and type recommended and installed by the manufacturer of the vehicle.
f) Intermittent windshield wiper system.
g) Fuel level and water temperature indicator gauges.
h) 12-volt DC power outlet in front compartment.
i) Ballistic Door Panels (left front and right front doors), threat level 3+ or better. (Door Panels shall meet and pass National Institute of Justice Certification level III plus test standards.
Testing certification shall be provided upon request).
j) Cruise control.
k) Dual electric horns or dual note horn.
1) Headlight wigwag capability.
m) Map/dome/courtesy light(s) which provide the following functions:
• When vehicle front doors are opened, none of the interior map/dome/courtesy light(s) shall illuminate automatically. • At least one map/dome/courtesy light (at both front and second row) that shall be manually operated to illuminate the seating areas.
n) Quick release style driver's side inside door handle to allow the driver's door to be unlocked by pulling on the inside handle. o) Driver and front passenger front impact air bag.
p) Driver and front passenger side impact air bag.
Lai, Y Page 9 of 11 Sept. 30, 2021
Exhibit 2 208
Das
State of California 2310-5644, Rev 0
Bid Specification 1-22-23-14C
F J I F All 1 "VIC",F MIDSIZE UTILITY VEHICLE, Attachment B1
LAW ENFORCEMENT HIGH SPEED VEHICLE
POLICE PURSUIT
q) All four (4) doors shall contain power locking and unlocking mechanisms controlled by switches located on the driver's side door control panel.
r) All four windows shall be power actuated and controlled from the driver's side door control panel with a lockout feature to prevent other windows from being operated when locked out by the driver. s) Rear window defogger/defroster on a separate switch. t) The vehicle shall use the same single key or fob for ignition, door, rear, and glove box (if vehicle includes). A set of four (4) total keys or fobs shall be supplied for each vehicle. Each vehicle shall be keyed individually.
u) Arm rests on each of the four (4) doors (arm rests in rear passenger compartment may be mounted on other than the door if vehicle is so designed).
v) Left and right remote control outside mirrors. Similar in appearance and mounted on left and right front doors. Both mirrors shall be controllable from the driver's seat.
w) Windshield and all windows shall feature tinted glass. x) Light in rear cargo area with rear cargo door actuated switch. y) Standard tool kit including wheel changing tools and jack adequate to safely lift the vehicle.
3.26 PERFORMANCE REQUIREMENTS: See Exhibit 1 for testing methodology
3.26.1 All vehicles shall meet the following Top Speed and Acceleration requirements:
a) 0 to 60 miles per hour in 9.0 seconds or less.
b) 0 to 100 miles per hour in 23.0 seconds or less.
c) 50 to 100 miles per hour in 18.0 seconds or less.
d) Attain a top speed of not less than 130 miles per hour within a distance of two (2) miles.
e) 0 to 60 miles per hour in 11.0 seconds or less at approximately 5,500-6,000 feet of elevation.
3.26.2 All vehicles shall be tested for the following Vehicle Dynamics:
Lai, Y Page 10 of 11 Sept. 30, 2021
Exhibit 2 209
Das
State of California 2310-5644, Rev 0
Bid Specification 1-22-23-14C
j I F All 1""'VIC",F; MIDSIZE UTILITY VEHICLE, Attachment B1
LAW ENFORCEMENT HIGH SPEED VEHICLE
POLICE PURSUIT
a) Steering — Response, Road Feel.
b) Suspension — Roll Resistance, Front-end Dive, Rear-end Squat. c) Handling — High-speed Curves, Medium-speed Curves, Tight Cornering, Predictability.
3.26.3 All vehicles shall meet the following Braking requirements/tests:
a) ABS Braking:
• Full ABS stop from 90 MPH. Stopping distance shall not to exceed 325 feet.
• Vehicle stops in a straight line, within its own lane and without evidence of brake fade or excessive pedal travel.
b) Pursuit Course Testing:
• No evidence of excessive brake pedal travel or brake fade. • Braking system provided acceptable stopping power. • No steering pull or wheel lock-up.
• No flame occurring within the test.
Lai, Y Page 11 of 11 Sept. 30, 2021
Exhibit 2 210
Das
State of California 2310-5712, Rev 0
Bid Specification 1-22-23-14C
j I F""'�All j 1""'VIC",F; HYBRID MIDSIZE UTILITY VEHICLE, Attachment B2
LAW ENFORCEMENT HIGH SPEED VEHICLE
POLICE PURSUIT
Document Summary
Detail Type Detail
Event ID 0000020265
Commodity MIDSIZE HYBRID ELECTRIC VEHICLE (HEV) OR PLUG-IN HYBRID
ELECTRIC VEHICLE (PHEV), LAW ENFORCEMENT HIGH SPEED
VEHICLE POLICE PURSUIT
Attachment Exhibit Attachment B2
Group-Class 23-10
Bid Specification 2310-5712
Revision Level Original
Revision Date September 30, 2021
Agency Name Statewide
Revision His to
Bid Rev Revision Author Summary of Changes
Spec Level Date
2310-5712 Original Sept 30, 2021 Lai, Y First Bid Development Lai, Y Page 1 of 11 Sept. 30, 2021
Exhibit 2 211
Das
State of California 2310-5712, Rev 0
Bid Specification 1-22-23-14C
j I F""'�All j 1""'VIC",F; HYBRID MIDSIZE UTILITY VEHICLE, Attachment B2
LAW ENFORCEMENT HIGH SPEED VEHICLE
POLICE PURSUIT
Table of Contents
DocumentSummary........................................................................................................1 RevisionHistory...............................................................................................................1 Tableof Contents ............................................................................................................2
1.0 SCOPE ..................................................................................................................3
2.0 APPLICABLE LAWS and INDUSTRY STANDARDS.............................................3
2.1 LAWS and REGULATIONS................................................................................3
2.2 INDUSTRY STANDARDS ..................................................................................3
3.0 TECHNICAL REQUIREMENTS.............................................................................4
3.1 GENERAL REQUIREMENTS.............................................................................4
3.2 ENGINE..............................................................................................................4
3.3 ENGINE OIL COOLER.......................................................................................4
3.4 FUEL SUPPLY SYSTEM....................................................................................4
3.5 BATTERY SYSTEM ...........................................................................................4
3.6 FUEL TANK........................................................................................................4
3.7 COOLING SYSTEM ...........................................................................................5
3.8 ELECTRICAL SYSTEM......................................................................................5
3.9 TRANSMISSION ................................................................................................5
3.10 BRAKES SYSTEM .............................................................................................5
3.11 WHEELS AND TIRES ........................................................................................5
3.12 SUSPENSION ....................................................................................................6
3.13 DRIVE SYSTEM.................................................................................................6
3.14 RADIO SUPPRESSION .....................................................................................6
3.15 BODY .................................................................................................................6
3.16 EXTERIOR COLOR ...........................................................................................6
3.17 INTERIOR/SEAT UPHOLSTERY.......................................................................7
3.18 SPEEDOMETER................................................................................................7
3.19 PAYLOAD...........................................................................................................7
3.20 RADIO ................................................................................................................7
3.21 SPOTLIGHTS.....................................................................................................7
3.22 HOOD-LATCH RELEASE ..................................................................................8
3.23 FLOOR COVERING ...........................................................................................8
3.24 INTERIOR AREA................................................................................................8
3.25 CONTROLLER AREA NETWORK (CAN) SYSTEM ..........................................8
3.26 MISCELLANEOUS EQUIPMENT.......................................................................8
3.27 PERFORMANCE REQUIREMENTS................................................................10 Lai, Y Page 2 of 11 Sept. 30, 2021
Exhibit 2 212
Das
State of California 2310-5712, Rev 0
Bid Specification 1-22-23-14C
F J I F 1,,�All i 1 "VIC",F HYBRID MIDSIZE UTILITY VEHICLE, Attachment B2
LAW ENFORCEMENT HIGH SPEED VEHICLE
POLICE PURSUIT
1.0 SCOPE
This specification describes the State of California minimum requirements for an all- or rear-wheel drive midsize Hybrid Electric Vehicle (HEV) or Plug-in Hybrid Electric Vehicle (PHEV) to be used in high-speed highway traffic and general law enforcement work. The vehicle will at times be operated at speeds in excess of 100 miles per hour for both short and long durations. It will be driven on all types of roads, and road surfaces and at altitudes ranging from approximately 200 feet below sea level to 10,000 feet above sea level. Ambient temperatures to which the vehicle will be exposed will range from approximately 0°F to 120°F.
The manufacturer shall use components, materials and design practices that are the best available in the industry for the type of operational conditions to which the vehicles will be subjected. Engine, transmission, driveline, differential, brake, suspension, wheel, tire and other component parts of the vehicle shall be selected to give maximum performance, service life, as well as safety and not merely meet the minimum requirements of this specification. Where necessary, the component parts shall exceed the usual quantity, quality, or capacity generally supplied with standard production vehicles in order to withstand the unusual strain, exposure, temperature, wear and use required for a police application.
2.0 APPLICABLE LAWS and INDUSTRY STANDARDS
Specifications, standards and codes referenced in this document in effect on the opening of the `Invitation for Bid', form a part of this specification.
2.1 LAWS and REGULATIONS
2.1.1 Applicable California Vehicle Code (CVC).
2.1.2 Code of Federal Regulations, Title 49, "Federal Motor Vehicle Safety Standard" (FMVSS)
2.1.3 California Code of Regulations, Title 13, "Motor Vehicles" rules and regulations (except emissions regulations)
2.1.4 Federal and State rules, regulations, and safety standards applicable to the vehicle type in effect on the date of the opening of the invitation for bid.
2.1.5 Vehicles shall meet 50 State emissions requirements that allow the resale of these vehicles to the general public as originally equipped upon emergency vehicle "service life" completion
2.2 INDUSTRY STANDARDS
2.2.1 Society of Automotive Engineers (SAE) J 1100, "Motor Vehicle Dimensions" and other applicable SAE standards.
2.2.2 STATE OF MICHIGAN Department of State Police and Department of Technology, Management and Budget, Police Vehicle Evaluation Program.
Lai, Y Page 3 of 11 Sept. 30, 2021
Exhibit 2 213
Das
State of California 2310-5712, Rev 0
Bid Specification 1-22-23-14C
F j I F All 1 "VIC",F HYBRID MIDSIZE UTILITY VEHICLE, Attachment B2
LAW ENFORCEMENT HIGH SPEED VEHICLE
POLICE PURSUIT
3.0 TECHNICAL REQUIREMENTS
All vehicles offered in compliance with these specifications shall be the manufacturer's "Police Pursuit" rated midsize HEV or PHEV utility model and shall be suitable for high- speed pursuit and emergency driving. All vehicles shall meet the following minimum specifications:
3.1 GENERAL REQUIREMENTS
3.1.1 Each vehicle shall be new (unused), current model year production. Each vehicle shall be supplied with all equipment and accessories indicated as standard equipment in the manufacturer's published literature unless specifically deleted as stated in this specification. Optional equipment necessary to meet the requirements of this specification shall also be installed.
3.2 ENGINE
3.2.1 The engine shall be a manufacturer's "Police Package" configuration and shall have a displacement, to be determined by the manufacturer, sufficient so that all performance requirements described in Section 1.0, Scope and Section 3.25, Performance Requirements are achieved.
3.2.2 The engine shall be designed to operate knock free at all engine and vehicle speeds on unleaded fuel with a minimum octane rating of 87 [(RM + MM) = 2].
3.3 ENGINE OIL COOLER
3.3.1 An auxiliary engine oil cooler shall be installed if required to maintain oil operating temperatures <_ 300°F, under operating conditions described in the Section 1.0 of this specification.
3.4 FUEL SUPPLY SYSTEM
3.4.1 The fuel supply system shall be of such a design to eliminate vapor lock when the engine is operating in high ambient temperatures or during periods of extended idling.
3.5 BATTERY SYSTEM
3.5.1 The battery pack shall be optimized for best performance of the vehicle.
3.5.2 The heating and cooling system shall keep the components operating at optimum temperature under operating conditions specified within the scope of this specification.
3.6 FUEL TANK
3.6.1 The fuel tank furnished shall be the largest capacity available.
Lai, Y Page 4 of 11 Sept. 30, 2021
Exhibit 2 214
Das
State of California 2310-5712, Rev 0
Bid Specification 1-22-23-14C
F j I F 1,,�All i 1 "VIC",F HYBRID MIDSIZE UTILITY VEHICLE, Attachment B2
LAW ENFORCEMENT HIGH SPEED VEHICLE
POLICE PURSUIT
3.7 COOLING SYSTEM
3.7.1 The cooling system shall be liquid pressurized, forced circulation type. The manufacturer shall provide the heaviest duty cooling system components and recovery system applicable to the model offered. The cooling system design and capacity shall maintain the engine at optimum temperature, under all operating conditions specified, without any loss of coolant or overheating of engine or components. The cooling system shall be free of contaminants that may affect cooling system component longevity and performance. Optimum engine temperature shall be maintained with the vehicle loaded to the vehicle manufacturer's published maximum gross vehicle weight rating (GVWR) and continually operated in all operating environments described within the scope of this specification.
3.8 ELECTRICAL SYSTEM
3.8.1 The electrical system shall be 12-volt negative ground. All wiring shall include weather-proof connectors.
3.8.2 The vehicle battery shall be the optional heaviest duty type available, compatible with the vehicle charging system and intended for police service. The vehicle battery shall have a minimum of 800 cold cranking amps, with a manufacturing date not exceeding six (6) months prior to vehicle delivery. Vehicles will not be accepted with batteries exhibiting less than 90 percent of full charge at time of delivery.
3.8.3 The generator/alternator shall be the highest capacity optional generator/alternator listed in the manufacturer's current police package brochure applicable to the vehicle bid. It shall have a minimum 200-amp output.
3.9 TRANSMISSION
3.9.1 The transmission shall be fully automatic transmission equipped with auxiliary transmission fluid coolers, if necessary, to maintain oil operating temperatures not to exceed 275°F, maximum. Console or floor mounted shifters are acceptable but must be capable of allowing the installation of radio and equipment.
3.10 BRAKES SYSTEM
3.10.1 The brakes shall be power assisted regenerative braking and feature an anti-lock brake system (ABS). All four wheels shall be equipped with disc brakes. Friction material shall be designed for police applications.
3.11 WHEELS AND TIRES
3.11.1 Each vehicle shall be supplied with five (5) matching wheels and tires. One (1) of the five (5) shall be a matching full-size wheel and spare tire. A space Lai, Y Page 5 of 11 Sept. 30, 2021
Exhibit 2 215
Das
State of California 2310-5712, Rev 0
Bid Specification 1-22-23-14C
F j I F 1,,�All i 1 "VIC",F HYBRID MIDSIZE UTILITY VEHICLE, Attachment B2
LAW ENFORCEMENT HIGH SPEED VEHICLE
POLICE PURSUIT
saver type spare tire is not acceptable. The wheels shall have a safety ridge rolled into the rim or otherwise designed to prevent the tire from separating from the wheel in the event of a flat. Wheels shall be designed for police applications. Lug nuts shall be covered with a center cap.
Manufacturer's standard Tire Pressure Monitoring System shall be supplied. If a tire pressure activation tool is needed to reset the light on the tire pressure monitoring system, one tool shall be provided for each vehicle as part of this requirement.
3.11.2 The vehicle manufacturer shall test and certify tires as acceptable for original equipment and replacement installation on the police package vehicle specified in this invitation for bid.
3.11.3 Any wheel weights used shall be "non-lead" type.
3.12 SUSPENSION
3.12.1 The front and rear suspension including shock absorbers shall be designed for police work. Front and rear stabilizer bars are required.
3.13 DRIVE SYSTEM
3.13.1 The drive system shall be designed to give the best overall performance for the transmission and tire size installed on vehicle.
3.14 RADIO SUPPRESSION
3.14.1 No standardize radio suppression requirements. Successful bidder shall work with the Agencies that have specific radio suppression requirements post award.
3.15 BODY
3.15.1 The body shall be a four door, utility vehicle with center post. Protective side molding shall not be installed on the vehicle. This is to permit installation of an Agency insignia (33" long by 20" high) without trim interference.
3.15.2 The wheel wells shall be constructed so that OEM approved tire chains or cables may be installed in a conventional manner, without clearance problems and without causing body or structural damage to the vehicle.
3.16 EXTERIOR COLOR
3.16.1 The body shall be painted manufacturer's gloss black. The roof panel and lower portion of both front doors below the window belt line shall be painted manufacturer's gloss bright white. After-factory applied paint to accomplish the white portion of the two-tone paint scheme is acceptable if factory Lai, Y Page 6 of 11 Sept. 30, 2021
Exhibit 2 216
Das
State of California 2310-5712, Rev 0
Bid Specification 1-22-23-14C
F J I F 1,,�All i 1 "VIC",F HYBRID MIDSIZE UTILITY VEHICLE, Attachment B2
LAW ENFORCEMENT HIGH SPEED VEHICLE
POLICE PURSUIT
applied black and white two-tone paint configuration is unavailable from the manufacturer.
3.17 INTERIOR/SEAT UPHOLSTERY
3.17.1 Front seats shall be bucket type accommodating the installation of a center console by the end user. A 60/40 split bench/bucket type seat is not acceptable. The driver's seat shall be power adjustable and shall be designed for maximum comfort, support and durability. The front and rear seats shall be the manufacturer's standard cloth upholstery (A vinyl rear set is acceptable provided the manufacturer warranties the vinyl seat material against sun and heat damage for not less than three (3) years).
3.18 SPEEDOMETER
3.18.1 The vehicle described in this specification will be used in law enforcement and speedometer accuracy is essential. The speedometer shall be calibrated and be accurate within two (2) miles per hour at speeds from 15 to 100 miles per hour of the true vehicle speed, within the environmental operating conditions specified in Section 1.0 Scope. A digital only speedometer is preferred and shall be installed if offered. If equipped with an analog speedometer, the dial face shall be marked up to a minimum of 140 miles per hour and the face markings shall be in increments no greater than two (2) miles per hour. The design of the speedometer, whether analog or digital, shall be such to ensure accuracy throughout the life of the vehicle. A letter of certification of accuracy shall be provided with each unit and shall be applicable to both digital and analog displays. The bidder shall specify the size of tires for which the speedometer is certified.
3.19 PAYLOAD
3.19.1 The vehicle shall have a minimum payload of 1500 Ibs when configured in the standard Police Pursuit rated version.
3.20 RADIO
3.20.1 Vehicle shall be factory equipped with the factory base radio and radio speaker(s).
3.21 SPOTLIGHTS
3.21.1 Factory installed A-Pillar incandescent spotlights with 2 wire handles, one spotlight on each A-Pillar. Shall be a glass sealed beam incandescent bulb H-7635. The two wire handles shall have one black and one red color wire each 48 inches in length and non-terminated. If factory is unable to install the spotlights, factory shall prepare the vehicle structure ready for spotlight installation (i.e. manufacturer shall at a minimum install spotlight brackets Lai, Y Page 7 of 11 Sept. 30, 2021
Exhibit 2 217
Das
State of California 2310-5712, Rev 0
Bid Specification 1-22-23-14C
F j I F 1,,�All i 1 "VIC",F HYBRID MIDSIZE UTILITY VEHICLE, Attachment B2
LAW ENFORCEMENT HIGH SPEED VEHICLE
POLICE PURSUIT
and drill A-pillar through-holes) and send the spotlight assemblies to agency for installation.
3.22 HOOD-LATCH RELEASE
3.22.1 The hood latch release shall be mounted inside the front passenger compartment so that the hood cannot be readily opened from outside the vehicle. The release shall be readily accessible to the seated driver.
3.23 FLOOR COVERING
3.23.1 The floor covering of the front and rear floor shall be standard rubber, vinyl or carpet. The color shall be keyed to the upholstery color. OEM floor mats shall be included for carpeted vehicles.
3.24 INTERIOR AREA
3.24.1 The Vehicle shall be equipped with 1st and 2nd row seats only and shall have a seating capacity of minimum 5.
3.25 CONTROLLER AREA NETWORK (CAN) SYSTEM
3.25.1 At a minimum, the vehicle shall make available in usable format the following vehicle signals via the vehicle's CAN for use by the agency's emergency vehicle equipment (Whelen CenCom Core ® or similar): engine running, vehicle speed, brake-service (indicator of brake pedal being applied), doors (open/closed state of all doors and hatch), turn signal (right, left), transmission selector position (park, reverse, neutral, drive), and key position (off, accessory, run, crank).
3.26 MISCELLANEOUS EQUIPMENT
3.26.1 The vehicle shall be equipped with the following miscellaneous equipment:
a) Backup camera with display.
b) Reverse sensing.
c) Heated driver and passenger mirrors.
d) Tilt steering wheel.
e) Fresh air type heater and defroster. Refrigeration air conditioning of a size and type recommended and installed by the manufacturer of the vehicle.
f) Intermittent windshield wiper system.
g) Fuel level and water temperature indicator gauges.
Lai, Y Page 8 of 11 Sept. 30, 2021
Exhibit 2 218
Das
State of California 2310-5712, Rev 0
Bid Specification 1-22-23-14C
F j I F All 1 "VIC",F HYBRID MIDSIZE UTILITY VEHICLE, Attachment B2
LAW ENFORCEMENT HIGH SPEED VEHICLE
POLICE PURSUIT
h) 12-volt DC power outlet in front compartment.
i) Ballistic Door Panels (left front and right front doors), threat level 3+ or better (Door Panels shall meet and pass National Institute of Justice Certification level III plus test standards.
Testing certification shall be provided upon request).
j) Cruise control.
k) Dual electric horns or dual note horn.
1) Headlight wigwag capability.
m) Map/dome/courtesy light(s) which provide the following functions:
• When vehicle front doors are opened, none of the interior map/dome/courtesy light(s) shall illuminate automatically. • At least one map/dome/courtesy light (at both front and second row) that shall be manually operated to illuminate the seating areas.
n) Quick release style driver's side inside door handle to allow the driver's door to be unlocked by pulling on the inside handle. o) Driver and front passenger front impact air bag.
p) Driver and front passenger side impact air bag.
q) All four (4) doors shall contain power locking and unlocking mechanisms controlled by switches located on the driver's side door control panel.
r) All four windows shall be power actuated and controlled from the driver's side door control panel with a lockout feature to prevent other windows from being operated when locked out by the driver. s) Rear window defogger/defroster on a separate switch. t) The vehicle shall use the same single key or fob for ignition, door, rear and glove box (if vehicle includes). A set of four (4) total keys or fobs shall be supplied for each vehicle. Each vehicle shall be keyed individually.
u) Arm rests on each of the four (4) doors (arm rests in rear passenger compartment may be mounted on other than the door if vehicle is so designed).
Lai, Y Page 9 of 11 Sept. 30, 2021
Exhibit 2 219
Das
State of California 2310-5712, Rev 0
Bid Specification 1-22-23-14C
F J I F 1,,�All i 1 "VIC",F HYBRID MIDSIZE UTILITY VEHICLE, Attachment B2
LAW ENFORCEMENT HIGH SPEED VEHICLE
POLICE PURSUIT
v) Left and right remote control outside mirrors. Similar in appearance and mounted on left and right front doors. Both mirrors shall be controllable from the driver's seat.
w) Windshield and all windows shall feature tinted glass. x) Light in rear cargo area with rear cargo door actuated switch. y) Standard tool kit including wheel changing tools and jack adequate to safely lift the vehicle.
3.27 PERFORMANCE REQUIREMENTS
3.27.1 All vehicles must pass the tests in the latest version of the STATE OF MICHIGAN Department of State Police and Department of Technology, Management and Budget, Police Vehicle Evaluation Program (see Exhibit 3 for testing methodology).
3.27.2 All vehicles shall meet the following Top Speed and Acceleration requirements:
a) 0 to 60 miles per hour in 9.0 seconds or less.
b) 0 to 80 miles per hour in 15.0 seconds or less.
c) 0 to 100 miles per hour in 23.0 seconds or less.
d) Attain a top speed of not less than 130 miles per hour within a distance of two (2) miles.
3.27.3 All vehicles shall be tested for the following Vehicle Dynamics:
a) Steering — Response, Road Feel.
b) Suspension — Roll Resistance, Front-end Dive, Rear-end Squat. c) Handling — High-speed Curves, Medium-speed Curves, Tight Cornering, Predictability.
3.27.4 All vehicles shall meet the following Braking requirements/tests:
a) ABS Braking:
• Full ABS stop from 60 MPH. Stoping distance shall not exceed 140 feet.
• Vehicle stops in a straight line, within its own lane and without evidence of brake fade or excessive pedal travel.
Lai, Y Page 10 of 11 Sept. 30, 2021
Exhibit 2 220
Das
State of California 2310-5712, Rev 0
Bid Specification 1-22-23-14C
j I F""'�All j 1""'VIC",F; HYBRID MIDSIZE UTILITY VEHICLE, Attachment B2
LAW ENFORCEMENT HIGH SPEED VEHICLE
POLICE PURSUIT
b) Pursuit Course Testing:
• No evidence of excessive brake pedal travel or brake fade. • Braking system provided acceptable stopping power. • No steering pull or wheel lock-up.
• No flame occurring within the test.
Lai, Y Page 11 of 11 Sept. 30, 2021
Exhibit 2 221
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: Daisy Gomez, 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: September 12, 2022
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.
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, August 22, 2022, the City passed Resolution Number 2022-89, 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 August 22, 2022, through September 21, 2022, pursuant to Brown Act provisions.
222
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 2022-74 expires on September 21, 2022. Staff recommends the City Council adopt the attached Resolution to avoid any lapse.
CONCLUSION:
If approved, the following will be adopted or approved:
1. The attached Resolution authorizing the City conduct public meetings virtually for all public bodies subject to the Brown Act in accordance with the requirements of AB 361, which will require reauthorization every thirty(30) days.
FISCAL IMPACT:
No fiscal Impact.
ATTACHMENTS:
Exhibit 1 - Resolution No. 2022-94
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 223
RESOLUTION NO. 2022-94
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 SEPTEMBER 12, 2022, THROUGH OCTOBER 12, 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 1 224
Resolution No. 2022-94
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 1 225
Resolution No. 2022-94
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, on July 11, 2022, the City Council adopted Resolution No. 2022-66, reauthorizing remote teleconference meetings of the City Council, City Boards, and all Commissions of the City of Bell Gardens through August 10, 2022; WHEREAS, on August 8, 2022, the City Council adopted Resolution No. 2022-74, reauthorizing remote teleconference meetings of the City Council, City Boards, and all Commissions of the City of Bell Gardens through September 7, 2022; 3of5
Exhibit 1 226
Resolution No. 2022-94
WHEREAS, on August 22, 2022, the City Council adopted Resolution No. 2022- 89, reauthorizing remote teleconference meetings of the City Council, City Boards, and all Commissions of the City of Bell Gardens through September 21, 2022; WHEREAS, the City finds that the continuous spread of COVID-19, specifically with regard to the highly transmissible variants, throughout the community has caused, and will continue to cause, conditions of peril to the safety of persons within the City that are likely to be beyond the control of the City;
WHEREAS, the City continues to enforce measures to promote social distancing which include recommending staff and civilians wear masks in City buildings as well as posting COVID-19 safety measures throughout City buildings and on the City website; WHEREAS, in light of the continuing State declaration of emergency resulting from the COVID-19 pandemic, the continuing recommendation by Los Angeles County Public Health officials for masking at indoor events, and the imminent risks to the health and safety of attendees at meetings conducted in person due to the spread of COVID-19, the City Council desires to make the findings required by AB 361 to allow the City Council 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 September 12, 2022, until the earlier of October 12, 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 4of5
Exhibit 1 227
Resolution No. 2022-94
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 12t" day of September 2022.
THE CITY OF BELL GARDENS
Maria Pulido, Mayor
APPROVED AS TO FORM: ATTEST:
Rick Olivarez Daisy Gomez
City Attorney City Clerk
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Exhibit 1 228
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: Grissel Chavez, Director of Public Works
SUBJECT: APPROVAL OF AGREEMENT FOR SIDEWALK INSPECTION SERVICES DATE: September 12, 2022
RECOMMENDATION:
It is staff's recommendation that the City Council by motion:
1. Adopt the attached Resolution; and
2. Approve a contract with Precision Concrete Cutting (PCC) for the inspection of sidewalks citywide for an annual amount of $33,069.
BACKGROUND/DISCUSSION:
The City of Bell Gardens maintains approximately 85 miles of sidewalk within its boundaries. It is important that these sidewalks are inspected on a regular basis as they continue to lift, mainly from tree roots, which result in hazardous conditions and increase the City's liability from potential trip and fall incidents.
Staff is proposing to utilize the services of Precision Concrete Cutting for the inspection of sidewalks citywide, through a Master Agreement established through the California Joint Powers Insurance Authority (CJPIA). Upon completion of the inspections, City staff will make the necessary repairs to identified hazards utilizing various repair methods such as grinding, patching and/or removal and replacement. JPIA recommends sidewalks to be inspected on an annual basis in order to identify hazards that need repair.
Master Agreement by JPIA
The California Joint Powers Insurance Authority (CJPIA) created a master services agreement to allow member agencies to take advantage of favorable pricing related to sidewalk inspection and maintenance. After following its own selection process, the CJPIA entered into an agreement with Precision Concrete Cutting on January 1, 2019.
As a member agency of the CJPIA, the City of Bell Gardens may utilize their master services agreement to perform sidewalk inspection services.
Procurement of Sidewalk Inspection Services
Under Section 3.04.100(E) of the Bell Gardens Municipal Code, the City's purchasing policy allows for an exception to the purchasing policy when the supplier offers the same or better price, terms and conditions as a supplier offered as the lowest responsible bidder under a competitive procurement conducted by another city or public agency. Bell Gardens is a member of CJPIA and membership entitles the City to utilize their master services agreement to perform sidewalk inspection services.
229
Following the terms and conditions in the JPIA agreement, PCC would inspect sidewalks and provide an inspection report that includes the identification, location, and description of each problem, photographs, plotted GPS maps, and recommended action to be taken. This includes noting the size of the hazard, in height, length, and square footage. The fee schedule is based on a cost of $386.00 per sidewalk mile.
Staff is recommending an award of contract to Precision Concrete Cutting, Inc. for an annual amount of $33,069.
The term of the contract is for one year for a maximum of two (2)additional one-year extension terms.
CONCLUSION:
If approved, the sidewalk inspections will begin by October 2022 and anticipate completion by April 2023.
FISCAL IMPACT:
There are funds available in the FY 22/23 Public Works budget for this service. Funding for additional annual inspections will be budgeted in subsequent fiscal years.
ATTACHMENTS:
Exhibit 1 - Resolution No. 2022-95
Exhibit 2 -Agreement with Exhibits
APPROVED ELECTRONICALLY BY:
Michael B. O'Kelly, City Manager
Stephanie Vasquez, Assistant City Attorney for Rick R. Olivarez, City Attorney Manuel Carrillo, Director of Finance and Administrative Services 230
RESOLUTION NO. 2022-95
A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF BELL
GARDENS, CALIFORNIA, APPROVING AND AUTHORIZING A
CONTRACT SERVICES AGREEMENT BY AND BETWEEN THE CITY OF
BELL GARDENS AND PRECISION CONCRETE CUTTING FOR
SIDEWALK INSPECTIONS
WHEREAS, the City of Bell Gardens ("City") requires inspection of sidewalks citywide; and
WHEREAS, City is a member of the California Joint Powers Insurance Authority ("CJPIA"); and
WHEREAS, CJPIA entered into a Master Services Agreement with Precision Concrete Cutting on behalf of its member cities for sidewalk inspection and maintenance services; and
WHEREAS, City staff has determined that Precision Concrete Cutting possess the skills, experience and expertise required to competently provide the services and tasks contemplated under this Agreement; and
WHEREAS, the City desires to avail itself of CJPIA's Master Services Agreement to enter into a Contract Services Agreement with Precision Concrete Cutting.
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 the Contract Services Agreement and authorizes and directs the City Manager to execute the Contract Services Agreement attached hereto as Exhibit 2.
SECTION 3. The City Council further authorizes and directs the City Manager and staff to take all actions necessary and appropriate to implement and effectuate the intent of the City Council as set forth in this Resolution.
SECTION 4. Subject to all applicable laws, the City Council hereby authorizes the City Manager to execute any ancillary documents relating to the Contract Services Agreement, including any amendments, extensions, and other documents consistent with the Contract Services Agreement and this Resolution.
Exhibit 1 231
Resolution No. 2022-95
SECTION 5. The City Clerk shall 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 12t" day of September, 2022.
THE CITY OF BELL GARDENS
Maria Pulido, Mayor
APPROVED AS TO FORM: ATTEST:
Rick Olivarez Daisy Gomez
City Attorney City Clerk
2 of 2
Exhibit 1 232
2022
CONTRACT SERVICES AGREEMENT
(Contractor: Precision Concrete Cutting)
(Nature of Engagement: Sidewalk Inspection)
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 PRECISION CONCRETE CUTTING (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 inspection of sidewalks citywide; and WHEREAS, City is a member of the California Joint Powers Insurance Authority ("CJPIA"); and
WHEREAS, CJPIA entered into a Master Services Agreement on behalf of its member cities for sidewalk inspection and maintenance services; 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.
NOW, THEREFORE, for and in consideration of the mutual covenants and conditions herein contained, CITY and CONTRACTOR agree as follows:
Section 1. Scope of Work.
A. Subject to the terms and conditions of this Agreement, CONTRACTOR agrees to provide CITY sidewalk inspection services. The various tasks and related services to be performed by CONTRACTOR are more specifically described in the CJPIA Master Services Agreement" (hereinafter the "AGENCY MASTER SERVICES AGREEMENT") dated January 1, 2019. The AGENCY MASTER SERVICES AGREEMENT is attached and incorporated hereto as Exhibit "A". The capitalized term "Work" shall be a collective reference to all the various services and tasks referenced in the Scope of Work. For the purposes of this Agreement the aforementioned services and tasks set forth in the Scope of Work shall hereinafter be referred to generally by the capitalized term "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.
Exhibit 2 A3
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 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 Section 3, below. 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. Term.
A. This Agreement shall have a term of one (1) year, commencing as of October 1, 2022 (hereinafter, the "Term"). The Agreement may be extended by the CITY subject to its same terms and conditions for a maximum of two (2) additional one- year extension terms, provided the City Manager or City Representative 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 to terminate this Agreement at any time for convenience or for cause.
C. CONTRACTOR shall perform the Work continuously and with due diligence.
CONTRACTOR shall cooperate with CITY and in no manner interfere with the Work of CITY, its employees or other consultants, contractors or agents.
D. CONTRACTOR shall not claim or be entitled to receive any compensation or damage because of the failure of CONTRACTOR, or its subcontractors, to have related services or tasks completed in a timely manner.
Exhibit 2 234
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.
G. CONTRACTOR shall complete the services within the term of this Agreement, and shall meet any other established schedules and deadlines.
Section 3. Prosecution of Work.
A. CONTRACTOR shall perform the Work contemplated under this Agreement on an as-needed, as requested basis. Nothing in this Agreement shall be construed to grant CONTRACTOR the exclusive right to perform any of the types of services or tasks contemplated under this Agreement nor shall anything in this Agreement be construed to entitle CONTRACTOR to the receipt of any sums under this Agreement, except to the extent CITY requests the performance of any Work in the manner described below and such Work is in fact performed and completed by CONTRACTOR and accepted by CITY. CITY requests for the performance of specific services or tasks contemplated under this Agreement shall be made 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-
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.
B. CONTRACTOR shall perform no Work under this Agreement without a written request from the City Representative, containing the information set forth in Section 3(A), above.
C. Time is of the essence in the performance of Work under this Agreement, and in the absence of a specific schedule or other instructions from the City Representative, CONTRACTOR shall begin and complete performance of the Work to completion in a timely and a diligently manner as possible.
Section 4. Compensation.
A. CONTRACTOR shall perform all the Work in accordance with the rates set forth in CONTRACTOR's "Sidewalk Trip Hazard Inspection Requests" dated May 3, 2022 (hereinafter "CONTRACTOR QUOTATION"), which is attached and incorporated hereto as Exhibit "B".
Exhibit 2 2�5
B. CONTRACTOR's total compensation during the Term of this Agreement shall not exceed the annual sum of THIRTY-THREE THOUSAND SIXTY-EIGHT DOLLARS AND SIXTY-TWO CENTS ($33,068.62) (hereinafter, the "Annual Not- to-Exceed Sum"). CONTRACTOR further agrees that the Annual 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.
The Annual Not-to-Exceed Sum will be paid to CONTRACTOR in monthly increments as the Work is completed. Following the conclusion of each calendar month, CONTRACTOR will submit to CITY an itemized invoice indicating the services performed and tasks completed during the recently concluded calendar month, including services and tasks performed and the reimbursable out-of-pocket expenses incurred. If the amount of CONTRACTOR's monthly compensation is a function of hours worked by CONTRACTOR's personnel, the invoice should indicate the number of hours worked in the recently concluded calendar month, the persons responsible for performing the Work, the rate of compensation at which such services and tasks 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 will notify CONTRACTOR in writing of any disputed amounts included in the invoice. Within forty-five (45) calendar days of receipt of each invoice, CITY will pay all undisputed amounts included on the invoice. CITY will not withhold applicable taxes or other authorized deductions from payments made to CONTRACTOR.
C. The Annual Not-to-Exceed Sum will be paid to CONTRACTOR in monthly increments as the Work is completed. Following the conclusion of each calendar month, CONTRACT will submit to CITY an itemized invoice indicating the work performed and the tasks completed during the recently concluded calendar month, including the Work and tasks performed and the reimbursable out-of-pocket expenses incurred. 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.
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;
Exhibit 2 A
B. CONTRACTOR represents and maintains that it is skilled in the professional calling necessary to perform the Services;
C. CONTRACTOR shall perform all work in a manner reasonably satisfactory to the CITY;
D. CONTRACTOR shall comply with all applicable federal, state and local laws and regulations, including the conflict of interest provisions of Government Code Section 1090 and the Political Reform Act (Government Code Section 81000 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 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 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 Exhibit 2 A7
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 Grissel Chavez, Director of Public Works (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, Ron Durna 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 (hereinafter, 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 their 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 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 Exhibit 2 A8
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 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.
Exhibit 2 Y39
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.
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 Exhibit 2 A
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 Agreement. 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 the 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 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 Exhibit 2 2'41
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 CONTRACTOR, to solicitor 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 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.
Exhibit 2 A2
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 the 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 Exhibit 2 ��3
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 orwillful 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 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 Exhibit 2 R4
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: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 Exhibit 2 R5
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 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 Exhibit 2 A6
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 CONTRACTOR 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 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, Exhibit 2 R7
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 Agency Master Services Agreement.
1. CONTRACTOR shall cure the following Event of Default within the following time periods:
i. Within three (3) business days of CITY's issuance of a Default Notice for any failure of CONTRACTOR to timely provide CITY or CITY's employees or agents with any information and/or written reports, documentation or work product which CONTRACTOR is obligated to provide to CITY or CITY's employees or agents under this Agreement.
Prior to the expiration of the 3-day cure period, CONTRACTOR may submit a written request for additional time to cure the Event of Default upon a showing that CONTRACTOR has commenced efforts to cure the Event of Default and that the Event of Default cannot be reasonably cured within the 3-day cure period. The foregoing notwithstanding, CITY shall be under no obligation to grant additional time for the cure of an Event of Default under this subsection that exceeds seven (7) calendar days from the end of the initial 3-day cure period; or
ii. Within thirty (30) calendar days of CITY's issuance of a Default Notice for any other Event of Default under this Agreement. Prior to the expiration of the 30-day cure period, CONTRACTOR may submit a written request for additional time to cure the Event of Default upon a showing that CONTRACTOR has commenced efforts to cure the Event of Default and that the Event of Default cannot be reasonably cured within the 30-day cure period. The foregoing notwithstanding, CITY shall be under no obligation to grant additional time for the cure of an Event of Default under this subsection that exceeds thirty (30) calendar days from the end of the initial 30-day cure period.
If an Event of Default relates to a material falsehood or misrepresentation set forth in Exhibit"B"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 Exhibit 2 A8
any undisputed sums to CONTRACTOR shall be cured by CITY within five (5) calendar days from the date of CONTRACTOR's Default Notice to CITY.
3. CITY, in its sole and absolute discretion, may also immediately suspend CONTRACTOR's performance under this Agreement (or the performance of any specific task or function performed by CONTRACTOR under this Agreement) pending CONTRACTOR's cure of any Event of Default by giving CONTRACTOR written notice of CITY's intent to suspend CONTRACTOR's performance (hereinafter, a "Suspension Notice"). CITY may issue the Suspension Notice at any time upon the occurrence of an Event of Default.
Upon such suspension, CONTRACTOR shall be compensated only for those services and tasks which have been rendered by CONTRACTOR to the reasonable satisfaction of CITY up to the effective date of the suspension. No actual or asserted breach of this Agreement on the part of CITY shall operate to prohibit or otherwise restrict CITY's ability to suspend this Agreement as provided herein.
4. No waiver of any Event of Default or breach under this Agreement shall constitute a waiver of any other or subsequent Event of Default or breach. No waiver, benefit, privilege, or service voluntarily given or performed by a Party shall give the other Party any contractual rights by custom, estoppel, or otherwise.
5. The duties and obligations imposed under this Agreement and the rights and remedies available hereunder shall be in addition to and not a limitation of any duties, obligations, rights and remedies otherwise imposed or available by law.
In addition to any other remedies available to CITY at law or under this Agreement in the event of any breach of this Agreement, CITY, in its sole and absolute discretion, may also pursue any one or more of the following remedies:
i. Upon written notice to CONTRACTOR, the CITY may immediately terminate this Agreement in whole or in part;
ii. Upon written notice to CONTRACTOR, the CITY may extend the time of performance;
iii. The CITY may proceed by appropriate court action to enforce the terms of the Agreement to recover damages for CONTRACTOR's breach of the Agreement or to terminate the Agreement; or
iv. The CITY may exercise any other available and lawful right or remedy.
CONTRACTOR shall be liable for all legal fees plus other costs and expenses that CITY incurs upon a breach of this Agreement or in the CITY's exercise of its remedies under this Agreement.
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 Exhibit 2 R9
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 Term 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 Precision Concrete Cutting
7100 S. Garfield Ave. 13089 Peyton Dr., #C235 Bell Gardens, California 90201 Chino Hills, CA 91709 Attn: Grissel Chavez, Director of Public Attn: Ron Durna Works Phone: (909) 539-7740
With a courtesy copy to:
Rick Olivarez,
Olivarez Madruga Law Organization, LLP
500 S. Grand Ave., Floor 12
Los Angeles, CA 90071
Telephone: (213)744-0099
Facsimile: (213)744-0093
Exhibit 2 Ho
Section 21. Prohibition. CONTRACTOR shall not delegate, transfer, subcontract or assign its duties or rights hereunder, either in whole or in part, without CITY's prior written consent, and any attempt to do so shall be void and of no effect. CITY shall not be obligated or liable under this Agreement to any party other than CONTRACTOR.
Section 22. Attorney Fees. In the event that CITY or CONTRACTOR commences any legal action or proceeding to enforce or interpret the provisions of this Agreement, the prevailing party shall be entitled to recover its costs of suit, including reasonable attorney's fees.
Section 23. Entire Agreement. All documents referenced as exhibits in this Agreement are hereby incorporated in this Agreement. Except as expressly provided in this Agreement or its Exhibits, in the event of any conflict or inconsistency between the express provisions of this Agreement and provisions of any document incorporated by reference, the provisions of this Agreement shall prevail and control. This instrument contains the entire Agreement between CITY and CONTRACTOR with respect to the subject matter herein. No other prior oral or written agreements are binding on the parties.
Any modification of this Agreement will be effective only if it is in writing and executed by both CITY and CONTRACTOR.
Section 24. Governing Law; Jurisdiction. This Agreement shall be interpreted and governed according to the laws of the State of California. In the event of litigation between the Parties, venue, without exception, shall be in the Los Angeles County Superior Court of the State of California. If, and only if, applicable law requires that all or part of any such litigation be tried exclusively in federal court, venue, without exception, shall be in the Central District of California located in the City of Los Angeles, California.
Section 25. Severability. Wherever possible, each provision of this Agreement shall be interpreted in such a manner as to be valid under applicable law. If any provision of this Agreement is determined by a court of competent jurisdiction to be invalid, void or unenforceable, the remaining provisions shall nevertheless continue in full force and effect.
Section 26. Captions. The captions used in this Agreement are solely for reference and the convenience of the Parties. The captions are not a part of the Agreement, in no way bind, limit, or describe the scope or intent of any provision, and shall have no effect upon the construction or interpretation of any provision herein.
Section 27. Execution. This Agreement may be executed in any number of counterparts, each of which shall be deemed an original, but all of which when taken together shall constitute one and the same instrument.
[SIGNATURES ON FOLLOWING PAGE]
Exhibit 2 Mi
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 PRECISION CONCRETE CUTTING municipal corporation
By: By:
Michael B. O'Kelly
City Manager Name:
Date: Title-
Date-
APPROVED AS TO FORM:
By:
Rick Olivarez
City Attorney
Date:
Exhibit 2 A2
EXHIBIT "A"
AGENCY MASTER SERVICES AGREEMENT
Exhibit 2 293
MASTER SERVICES AGREEMENT
This Master Services Agreement("AGREEMENT") made as of this date, I / 1/ o L't _, by and between Precision Concrete Cutting("CONTRACTOR")and The California Joint Powers Insurance Authority ("AUTHORITY").
This AGREEMENT is created for the sole purpose of establishing an agreed-upon set of services and related costs in order to allow California JPIA members ("MEMBER")access to professional sidewalk inspection and maintenance services.
Further, this AGREEMENT creates no obligation or expectation that any work will result from this agreement. The CONTRACTOR's specific services are defined below, and are available to MEMBER on an as-needed basis. The exact terms and conditions of such services are to be arranged between CONTRACTOR and MEMBER. MEMBER is responsible for initiating and requesting any work of CONTRACTOR.
Service 0 Et on I
SIDEWALK ASSESSMENT SERVICES
CONTRACTOR will inspect sidewalks and provide a written inspection report in the format approved by the MEMBER(optional curbs and gutters can be included in the scope of work). The inspection reports shall include the identification, location, and description of each problem and recommended action to be taken. The format and information required may be changed at the request of MEMBER with the agreement of both parties.
Sidewalk Assessment Fee Schedule
Cost Per Total Sidewalk Estimated Cost Estimated Total Estimated Sidewalk Mile Miles per Day Man Days Assessment Cost $386.00 TBD $1,000 TBD $TBD
Sample Services and Responsibilities
1. MEMBER shall provide maps of specified areas to CONTRACTOR.
2. CONTRACTOR shall inspect public rights-of-way designated on the maps.
3. CONTRACTOR shall use current ADA and California Building Code standards, as applicable, in determining trip hazards. These hazards shall include, but not be limited to:
a) Differential displacement between sidewalk sections 3/8" or greater b) Spall surfaces, holes in surfaces, and cracks above 1"wide or greater c) Deteriorated joints that have an eroded condition and are 1/2" wide or greater
4. CONTRACTOR shall record location of damaged sections in a GPS device.
5. Data entered into the GPS device shall be provided in writing to the MEMBER.
6. CONTRACTOR shall provide written inspection report that shall include, but not be limited to:
a) Identification and description of each problem condition b) Physical address and location, including GPS location data c) Size of the hazards in height, length, and square foot Rev. 11/18 Pagel of5
Exhibit 2 254 e4�
d) Probable cause of the hazard, if evident
e) Pictures of damaged areas
f) Priority for repair—high, medium, or low
g) Recommended action to be taken
7. CONTRACTOR shall report to the MEMBER the results of the inspection upon completion.
Service Option 2_
SIDEWALK TRIP HAZARD REMOVAL
...........
Small Medium Large Lineal Foot Square Foot Hazard Class (3/8" to 1/2") (>1/2" to V) (>1") per Location per Location Price per Hazard $25.75 $51.75 $104.25 5 lin. feet 25 sq. ft.
Price per Sq. Ft. $1.03 $2.07 $4.17 $5.00 N/A CONTRACTOR shall be paid a fee for trip hazard repair service on lifted sidewalk with a difference in vertical elevation 3/8" and above to 2 1/2".
The fee paid to CONTRACTOR for trip hazard removal shall be charged on a per hazard class per 5 lineal feet. Removal of a trip hazard greater than 5 lineal feet shall be charged in 5 linear foot increments:
Example: A small hazard (3/8"to 1/2" high)that is 7 lineal feet shall be charged for 10 linear feet $26.50 x 2 locations =$53.00.
Sample Services and Responsibilities
1. CONTRACTOR shall repair sidewalk trip hazards from 3/8" and up to 2 1/2" in designated work areas as determined by the MEMBER.
2. CONTRACTOR shall remove hazards completely, from one end of the raised sidewalk joint to the other, if applicable, leaving a zero point of differential between slabs.
3. CONTRACTOR shall not cause any damage to landscaping,trees, retaining walls, curbs, sprinkler heads, utility covers or other objects adjacent to sidewalks. If CONTRACTOR and/or CONTRACTOR's equipment does cause damage to above,the MEMBER must be notified immediately and damages must be repaired at the CONTRACTOR's expense within 24 hours of the time the damage occurred.
4. CONTRACTOR shall completely and immediately clean up all debris after each hazard is repaired. All costs incurred for disposal of waste material shall be included in unit cost and not paid for separately.
5. CONTRACTOR shall repair each sidewalk trip hazard without damage to adjacent slab(s)or curb(s).
6. CONTRACTOR shall cut dry with dust abatement mechanism. No water-cooling is allowed, which creates slurry and contaminates storm drains or causes excessive environmental impact.
7. CONTRACTOR shall submit an itemized summary of all repaired hazards which includes:
a) The specific hazard height—both high side and low side measurement—in l/8ths of an inch b) The actual length of the repair to the nearest 1/2 foot c) The total width of actual repair to the nearest 1/2 foot d) The square feet of the effective panel from joint to nearest joint or score line e) The calculated unit for measurement shall be the square foot of the affected panel Rev. 11/18 Page 2 of 5
Exhibit 2 255
f) The physical location(address)of each repair
g) Pictures of each repair,as requested
h) Itemized cost of each repaired trip hazard
8. CONTRACTOR shall submit a detailed invoice setting forth the services performed, in accordance with the formula for saw-cutting calculations. All invoices must show the cut depth, size, length, width, square feet, address,the number of locations, and the date repaired for each hazard removal. The billing unit for invoice calculation shall be the number of locations where one (1) location is up to 5 lineal feet.
9. CONTRACTOR shall guarantee specified repair slope (1:12, or based upon the Americans with Disabilities Act and California Building Code) is achieved. If defined slope is not achieved, CONTRACTOR must repair to specification at no additional charge within 24 hours of discovery.
10. CONTRACTOR shall guarantee that the removed trip hazard will have a uniform appearance and texture. The finished surface shall have a co-efficient of friction of at least 0.6.
11. Method of trip hazard removal shall entail precise saw-cutting performed with hand-held, electric-powered equipment, using a machined hub and flush-mounted, diamond-tipped blades.
Must be capable of cutting at any angle and perform trip hazard removal in hard-to-reach areas, around obstacles, on narrow walkways, and next to fences and retaining walls or buildings.
12. CONTRACTOR shall make its best effort to notify residents 3 days in advance of any work and schedule the operations so as to cause a minimum of interruption, interference or disturbance to the operation of stores, businesses, office buildings, hotels, churches, etc., and allow access by pedestrians and emergency, delivery and service vehicles at all times. Sidewalk repair equipment and all other items incidental to the work shall not be left or stored on the sidewalk or on private property while not in use.
13. CONTRACTOR shall take precautions during saw-cutting operations not to disfigure,scar, or impair the health of any tree on public or private property.
Service Option 3
SIDEWALK ASSESSMENT AND TRIP HAZARD REMOVAL
Hazard Class Small Medium Large Lineal Foot Square Foot (3/8" to 1/2") (>1/2" to I") (>1") per Location per Location Price per Hazard $31.00 $62.00 $123.00 5 lin. feet 25 sq. ft.
Price per Sq. Ft. $1.24 $2.48 _ $4.92 N/A N/A See sample services and responsibilities under respective sections in Service Option I and Service Option
2. Service Option 4
FIVE-YEAR MAINTENANCE PROGRAM
Small Medium Large Lineal Foot Square Foot Hazard Class (3/8" to 1/2") (>1/2" to 1") (>I") per Location per Location Price per Hazard $31.00 $62.00 $123.00 5 lin. feet 25 sq. ft.
Price per Sq. Ft. $1.24 $2.48 $4.92 N/A N/A ------------------------
Rev. 11/18 Page 3 of 5
Exhibit 2 256
Sample Sidewalk Survey Services and Responsibilities
1. CONTRACTOR shall perform annual, semi-annual,or quarterly sidewalk inspection as determined by the scope of services to be defined by terms mutually set between the MEMBER and CONTRACTOR.
2. CONTRACTOR shall specify problems and recommend action to be taken.
3. CONTRACTOR shall prioritize the areas and problems to be resolved.
4. CONTRACTOR shall identify repairs to be accomplished by saw cutting.
5. CONTRACTOR shall identify spall surfaces, holes in surfaces, and cracks above 1"wide or greater.
6. CONTRACTOR shall recommend areas to be demolished and replaced.
7. CONTRACTOR shall provide written inspection report that shall include, but not be limited to:
a) Identification and description of each problem condition b) Physical address and location, including GPS location data c) Size of the hazards in height, length, and square foot d) Probable cause of the hazard, if evident
e) Pictures of damaged areas
f) Priority for repair—high, medium, low
g) Recommended action to be taken
h) CONTRACTOR shall report to the MEMBER the results of the inspection upon completion Sample Sidewalk Trip Hazard Removal Services and Responsibilities
1. CONTRACTOR shall make repairs and recommendations to achieve the lowest overall cost to the MEMBER.
2. CONTRACTOR shall remove the existing trip hazards by saw cutting changes in elevation between adjacent panels from 3/8" up to 2 1/2" in height as specified in the scope of work defined by mutually set terms between the MEMBER and CONTRACTOR.
3. The MEMBER shall set a fixed budget"not to exceed" per month, per quarter, or per year.
4. CONTRACTOR shall provide in-depth report, audit-able for maintenance and risk management.
Sample Remove/Replacement Survey Reporting Services and Responsibilities
1. CONTRACTOR shall survey and report all areas not recommended for saw cutting.
2. CONTRACTOR shall identify "remove and replacement" locations to maximize the repair of locations that truly need to be replaced.
3. CONTRACTOR shall provide a written report that identifies the location, length, width, and square foot measurement of the affected panels to be replaced.
4. CONTRACTOR shall provide GPS locations, maps and photographs of areas recommended for removal and replacement.
5. CONTRACTOR shall provide an in-depth report on a monthly basis, audit-able for maintenance and risk management.
Rev. 11/18 Page 4 of 5 __09
Exhibit 2 257
FOR AUTHORITY: FOR CONTRACTOR:
Norman Lefmann Gary Beneduci
NAME NAME
Assistant Executive Officer General Manager
TITLE TITLE
SIGN UR AW
. �� ��
DATE DAT'a
Rev. 11/18 Page 5 of 5
Exhibit 2 258
EXHIBIT "B"
CONTRACTOR QUOTATION
Exhibit 2 Rg
LA,COUnity(SOV)O"d OC County(Nfh
Hftnrdl ftwnwaW GpecW�ft WrWW,$NFOS14iPWa1k*xwm
.........................................lllll—,,ll..................———------ AWN(917l#iant sale$iJuWalks--Sidewl Trip Hazard Removal Smil May 3, 2022
Mi,, Affiredo Onate
City of Bell,Garden,,
Stlr�.3ol Maintenan"i Supervisor
8327 Garlielid Avenue
Ball Gardens, 902,101
Subject: Sidewalk trip hazard inspection requesis.
Gear Mr, Affredo OnaW�
Thiall YOU agalln for the opportunity to help improve Vie saletlyof your wafkways in the ',sill y of Bell Gjatll l work with citles all Orroughoot Cialflornia, to lmpirove thiie safety of thielr walkways arId reduce,the risk 0 liability, We off oil the most cost effective %ollution to maintain your sidewallks wtiflle meeting your ADA requilireinents, Rather Than messy Agrinding or cosily replacernent, we out uriieven sidewalks W101 precisllonl dianijond slaws,
Thie benefits af our service include,
Guaranteed ADA and OSHA Compilanoel
A l attractive firflFoh,
Compl,ete removal in hard-to-reacb places
Quick removal Wilh NOW dillsrupbon in slervlm
Cost-effective use of budbet
Longer ill sid4erw6lks,
No Satisfied cornimunity,mlembers
As,requested, here is proposal for thin"segments requestad iden(lifilad bellow..
Our linspectlo'" Process.
Identified hazard conditions,inicludinigi cll'iangesl'in verticW elevation (frig hazards), spaill areas:, Ont and crack iss,ue,s,
* Reloorded aetuW rnpasuremenft&il1eight, Width & I ength of all danfl areas, * Calculated square fl of arl'i efte,ctedl sidewalk parrals * Photographed all hazard hx.*fions
lidentified severe freer r and root prime issues
Recommend il methods and areas Ifiat require complete recornistructon Plotted GPS, Maps.[Dcations of alli li,azard lociations Survey eategiorized by Myzne linformallm,
Detaile(J suer report on a strect by street basis
Flard and soft provided on a street Iby street, and district by clisthot basis ("On firm fiall Page I 9"PIll
Exhibit 2 A0
000%
e*,M , -* rllT=� . '
ill LA Gbuffly(80W)and'OC Coluifft IN)
, I Wyawim P!(goo)s?,3,-4016
; l NWlWlqWWN*$00"Vo " —'...1*..................--.............. ..........
ADA Cdj,ejJ*Aid Sale�thtwAU-SidomhN 5' p bend Ord RlomrwW Mai wwke The fo,Ilinwkig i5 a surnimarry af our price,propossal
OUR QUOTATION
PRICE SUMMARY
7—# :a
Lmation:CRY of Hall GaMen 0j ldewa
s ice to,1napect
West of Garfleld Ave, 58,39 $22,538.54
..... ........
East of Oarfield Ave. 27-28 $1 OL&K 08
—4......................
number of a4dewalk mlles to be
05.67 $33,068.62
..........
THE PRECISIOND111FIFEREINCE
Wo n,easure each ilnr.,IvMdual hazard and out fll ire propw distance from lh,Gs back M lhe ha2wd to provida a smoofh AD A compkan�ravyip ffusOivofth the MlijaCent eDnerele sktb, ..........................................
101i
m .
TRIP HAZARD B,E,.F,OR,E REP AR,
I
TRIP HAZARD AFT. FR.SAW CI,,JT RFPMR
Large trip hazard BEFORIE the PrecUllon Metbad
Q�
("AnIfidetnJal Page 2
Exhibit 2 Al
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: Manuel Carrillo, Director of Finance &Administrative Services Patricia Ahumada, Human Resources Manager
SUBJECT: APPROVAL OF CLASS SPECIFICATION FORASSISTANT TO THE CITY MANAGER DATE: September 12, 2022
RECOMMENDATION:
It is staff's recommendation that the City Council, by motion, approve the attached Resolution to amend the City's class plan and adopt the job specification for Assistant to the City Manager.
BACKGROUND/DISCUSSION:
On June 27, 2022, the City Council approved the Fiscal Year 2022-2023 budget, which included a total of 148 authorized full-time staff positions. The Assistant to the City Manager was approved as a reclassification of the Senior Management Analyst position in the City Manager's Office. A budget appropriation of $35,000 for the reclassification from Senior Management Analyst to Assistant to the City Manager was approved.
The reclassification of the Senior Management Analyst position to Assistant to the City Manager was appropriate because the position evolved due to a change in administration and the elimination of the Assistant City Manager position in FY 2020-2021. The Assistant to the City Manger is an at-will mid-management classification with responsibility for assisting the City Manager with the overall management and administration of City operations and services.
Pursuant to Personnel Rules Section 3.06 Request for Reclassification, when a department head believes a position is not properly classified due to a significant change in duties, functions and responsibilities, the department head may request that a position classification study be initiated by the City Manager (Personnel Officer) for the position in question.
Pursuant to Personnel Rules Chapter 3, Classification, Section 3.01 Preparation and Adoption and Section 3.08 Class Allocation, staff is requesting that Council approve the class specification for the new position.
CONCLUSION:
The reclassification was approved in the Fiscal Year 2022-2023 budget, so a new appropriation is not necessary.
Per the Personnel Rules, Chapter 3 Classification, any amendment, or revisions to the City's classification plan must be approved by Council. Therefore, staff is recommending that the City Council approve and adopt the class specification for Assistant to the City Manager.
FISCAL IMPACT:
On June 27, 2022, the City Council approved the Fiscal Year 2022-2023 budget, which included a budget appropriation of $35,000 for a reclassification of the Senior Management Analyst to Assistant to the City Manager 262
effective July 1, 2022.
ATTACHMENTS:
Exhibit 1 - Resolution No. 2022-96
Exhibit 2 -Job Description
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 263
RESOLUTION NO. 2022-96
A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF BELL GARDENS, CALIFORNIA, UPDATING THE CITYWIDE
CLASSIFICATION AND COMPENSATION PLAN
WHEREAS, Section 3.01 (Preparation and Adoption) of Chapter 3 (Classification) of the City of Bell Gardens Personnel Rules and Regulations requires the City Manager or designee prepare and maintain the Classification Plan which shall consist of those classes of positions in the City service as approved by the City Council in adopting, amending or revising the plan;
WHEREAS, Section 3.05 (Request for New Classification) of Chapter 3 (Classification) of the City of Bell Gardens Personnel Rules and Regulations requires that upon request of the City Manager or designee, a department head provide information pertinent to class specification when requesting a new classification to be created; and WHEREAS, Section 3.06 (Request for Reclassification) of Chapter 3 (Classification) of the City of Bell Gardens Personnel Rules and Regulations requires that when a department head believes a position is not properly classified due to a significant change in duties, functions and responsibilities, the department head request that a position classification study be initiated by the City Manager or designee for the position in question;
WHEREAS, Section 3.07 (Reclassification) of Chapter 3 (Classification) of the City of Bell Gardens Personnel Rules and Regulations requires that the City Manager or designee recommend to the City Council reclassification of any position(s) he or she determines to be improperly classified;
WHEREAS, Section 3.08 (Class Allocation) of Chapter 3 (Classification) of the City of Bell Gardens Personnel Rules and Regulations requires the City Council to approve the new class specifications; and
WHEREAS, the City Manager, recommends that certain organizational and administrative updates to the Classification Plan be made, effective as of July 1, 2022 (except where otherwise indicated), consistent with position allocations in the proposed Citywide Budget for Fiscal Year 2022/2023.
NOW, THEREFORE, BE IT RESOLVED by the City Council of the City of Bell Gardens as follows:
SECTION 1. The City Council, based on the presentation and written report of the City Manager, finds that the foregoing recitals are true and correct and further finds that the Personnel Officer, has substantially complied with the procedural requirements of Chapter 3 (Classification) of the City of Bell Gardens Personnel Rules and Regulations.
Exhibit 1 264
Resolution No. 2022-96
SECTION 2. The City Council hereby adopts the Classification Plan as set forth in Exhibit 2 of this Resolution, effective July 1, 2022 (except where otherwise indicated), which includes the following revisions:
1. Reclassification of Senior Management Analyst to Assistant to the City Manager
2. Addition of Assistant to the City Manager to Classification Plan SECTION 3. 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 12t" day of September, 2022.
THE CITY OF BELL GARDENS
Maria Pulido, Mayor
APPROVED AS TO FORM: ATTEST:
Rick Olivarez Daisy Gomez
City Attorney City Clerk
2 of 2
Exhibit 1 265
Exhibit 2
Date Adopted: September 12, 2022
/G a�iau'V i V�Iljllolll ° \'1
City of Bell Gardens
Assistant to the City Manager
DEFINITION
Under the direction of the City Manager, the Assistant to the City Manager performs a variety of advanced professional and technical administrative duties in providing highly responsible staff assistance in the City Manager's Office and assumes lead responsibilities for a significant functional area. Performs special non-routine assignments and conducts research on operational issues providing analysis and recommendations.
The Assistant to the City Manager is a single incumbent classification; incumbent performs a variety of advanced journey level analytical, technical, specialized, complex professional tasks in support of the City Manager's office. Incumbent reports to the City Manager and is part of the City Manager's management team.
EXAMPLES OF DUTIES
Essential Functions: --Essential functions, as defined under the Americans with Disabilities Act, may include any of the following representative duties, knowledge, and skills. This is not a comprehensive listing of all functions and duties performed by incumbents of this class,- employees may be assigned duties which are not listed below,reasonable accommodations will be made as required. The job description does not constitute an employment agreement and is subject to change at any time by the employer. Essential duties and responsibilities may include, but are not limited to, the following:
• Assists the City Manager in the analysis of and formulating solutions to various city- wide issues, assumes a highly responsible role in city-wide information review and dissemination, works closely with other management staff throughout the City on a variety of special projects.
• Assists, department staff, City Manager, and other department heads with special projects; determines and defines issues and proposes solutions, options, and alternatives in problem solving situations; researches and analyzes City issues and develops summary reports and presentations.
• Serves as a liaison between the City Manager and city departments. • Evaluates, reviews, and analyzes programs and projects; develops, shares, and implements recommendations; analyzes current and historical trends, and recommends program revisions as appropriate.
• Performs highly skilled technical and administrative duties, including special projects, special program activities, data management, records management, community relations, and research.
• Manages City programing and special projects; collects, compiles, and evaluates data for use in budget making decisions; develops and implements strategies for success within management and department.
• Manages, supervises, and directs compliance programs with a variety of state, local, and regulatory agencies.
• Oversees the research and compilation of potential funding sources and appropriate avenues of revenue; supports analysis and creation of budgets and financial forecasting.
1 Exhibit 2 266
Exhibit 2
Date Adopted: September 12, 2022
• Supports the relationship between the City of Bell Gardens and the general public by demonstrating courteous and cooperative behavior when interacting with citizens, visitors, and City staff; maintains confidentiality of work-related issues and City information.
• Leads and participates in legislative monitoring, conducts review and analysis of activities performed for the City and makes recommendations to management staff. • Prepares Requests for Proposals and manages contracts. • Oversees the preparation, distribution, and noticing of various materials and documents.
• Attends and participates in professional group meetings; stays abreast of new trends and innovation in the field of public administration and governmental policy. • Coordinates, conducts, and monitors the effectiveness of a comprehensive public information program, including: writing, editing, and preparing for publication social media and website publications; Livestream City meetings on Zoom, YouTube, Facebook Live and City website.
• Assisting community organizations and their representatives in the conduct of jointly sponsored promotional efforts.
• Conduct surveys and perform research and statistical analyses on administrative, fiscal, personnel, and operational problems.
• Respond to complaints and requests for information. • Administer the IT budget and assist staff and residents with IT related needs and questions.
• Responsible for the planning, management and support of technology related resources throughout the city including acquisition, maintenance and support of networking hardware, desktop computers, software, and their technology related devices; Assist with audio and video equipment setup.
• Coordinate FEMA Disaster Relief and Emergency Assistance and Area E Disaster Management.
• Train users regarding workstation operating systems, applications, software, hardware, printing and peripherals including creating documentation and or training aids to help end users with IT equipment, processes and applications. • Assists with the development and maintenance of the City's social media accounts and website, as well as releasing appropriate information to the media. • Participates in the development of video presentations, public service announcements, and focused public relations campaigns related to projects, program and services undertaken by the City and the Police Department. • May train, supervise and/or coordinate the work of subordinate staff. • Perform other related duties as required.
2 Exhibit 2 267
Exhibit 2
Date Adopted: September 12, 2022
Knowledge, Skills & Abilities
Knowledge of:
• Current municipal administrative procedures, organization, and procedures. • Principles of project management, research, design, and data analysis. • Personnel Management and supervision.
• Report writing and making professional presentations. • Current political and economic trends in state and municipal government. • Customer Service standards and protocols.
• Applicable Federal, State and local laws, rules, and regulations • Business computers and standard MS Office software applications. • Records management principles.
Skill in:
• Planning, prioritizing, and completing assignments. • Analyzing administrative and operational issues, interpreting policies and regulations, evaluating alternatives, and recommending changes based on findings. • Researching and compiling data for reports and technical documents. • Using initiative and independent judgment within established procedural guidelines • Establishing and maintaining cooperative working relationships with co-workers, elected officials, managers, other government agencies, community and professional organizations and the public.
• Using a personal computer with standard and specialized software applications. • Communicating effectively verbally and in writing. • Dealing tactfully and courteously with elected officials, employees and the public. • Assessing and prioritizing multiple tasks, projects and demands and meeting deadlines.
• Analyzing procedural problems and developing and implementing solutions. • Exercising sound judgement, initiative, decisiveness, and creativity necessary in situations involving the direction, control and planning of multiple programs, and in critical or unexpected situations involving considerable risk or loss to the City.
MINIMUM QUALIFICATIONS
Any combination of education, training and experience that has provided the knowledge, skills and abilities necessary for successful job performance. A typical way to obtain the requisite qualifications to perform the duties of this class is as follows:
Education/Training
Graduation from an accredited college or university with a Bachelor's degree in Public or Business Administration, Public Policy or a related field; and five years of progressively responsible experience in public sector administration, operations, and two years of supervisory experience.
Ability to speak Spanish is highly desirable.
3 Exhibit 2 268
Exhibit 2
Date Adopted: September 12, 2022
License(s) / Certification(s)
Valid California Class C driver's license.
OTHER PHYSICAL REQUIREMENTS AND WORKING CONDITIONS
Environmental: Work is performed primarily in a standard office setting with some travel, when necessary, to local, regional, and state sites.
Physical: Primary functions require sufficient physical ability and mobility to work in an office setting; to stand or sit for prolonged periods of time; to occasionally stoop, bend, kneel, crouch, reach, and twist; to lift, carry, push, and/or pull light to moderate amounts of weight; to operate office equipment requiring repetitive hand movement and fine coordination including use of a computer keyboard; and to verbally communicate to exchange information.
MISC INFORMATION
FLSA Status: Exempt
Bargaining Unit: Non-Represented
4 Exhibit 2 269
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: Manuel Carrillo, Director of Finance and Administrative Services Lazaro Yarza, Accountant, Finance and Administrative Services SUBJECT: JULY2022 TREASURER'S REPORT
DATE: September 12, 2022
RECOMMENDATION:
It is recommended that the City Council receive, approve, and file the July 2022 Treasurer's Report.
BACKGROUND/DISCUSSION:
The Treasurer's Report is a list of cash and investments held by the City as of July 31, 2022. Monthly reporting includes cash balances by fund and reconciled bank balances provided by Finance and Administrative Services.
CONCLUSION:
The July 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 July 2022
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 270
CITY OF BELL GARDENS
TREASURER'S REPORT FOR
CASH,INVESTMENT PORTFOLIO,
AND RESTRICTED BOND CASH
JULY 312022
CITY CASH
ACCOUNT INSTITUTION BALANCE RATE
MARKET BANK OF THE WEST $ 18,506,574.03 1.00% COMMON CHECKING BANK OF THE WEST 672,502.59 1.00% PAYROLL BANK OF THE WEST 0.00 1.00%
TOTAL $ 19,179,076.62
CITY INVESTMENT
PERCENT
OF MAT. STATED
ISSUER BOOK VALUE FACE VALUE MARKET VALUE PORTFOLIO DATE RATE LOCAL AGENCY INVESTMENT FUNDS $ 10,488,777.66 $ 10,488,777.66 $ 10,488,777.66 98.95% NIA 1.090% AMERICAN RIVIERA BANK-ESCROW ACCT. 111,417.00 111,417.00 111,417.00 1.05% NIA TOTAL $ 10,600,194.66 $ 10,600,194.66 $ 10,600,194.66 100.00% CITY TOTAL CASH AND INVESTMENT $ 29,779,271.28
CASH WITH FISCAL AGENT US BANK..CORPORATE TRUST SERVICES RESTRICTED BOND CASH ACCOUNT NAME BOOK VALUE FACE VALUE MARKET VALUE RATE WATER REF.REV.BONDS SERIES 2004 Prin 7.03 7.03 7.03 0.000% WATER REF.REV.BONDS SERIES 2004 Res 398,438.19 398,438.19 398,438.19 0.000% LEASE REV REF BONDS SERIES 2015A Res 437,790.87 437,790.87 437,790.87 0.000% TOTAL $ 836,236.09 $ 836,236.09 $ 836,236.09 Exhibit 1 271
1 of 4
CITY OF BELL GARDENS
TREASURER'S REPORT FOR
CASH,INVESTMENT PORTFOLIO,
AND RESTRICTED BOND CASH
JULY 31,2022
SUCCESSOR to CDC CASH
ACCOUNT INSTITUTION C RATE
MARKET OF THE WEST $ 1,866,822.97 1. 0%
COMMON CHECKING BA K OF THE WEST 1,160.01 1. % TOTAL 1, 67, 8 . 8
SUCCESSOR to CDC INVESTMENT
PERCENT DAYS
OF TO STATED
ISSUER BOOK VALUE FACE VALUE MARKET VALUE PORTFOLIO MAT. RATE 733,053.14 $ 733,053.14 100 00% NIA 1.090% ALA AGENCY INVESTMENT FUNDS $ 733,d5314 $ �._.. ------- TOTAL $ 733,053.14 $ 733,053.14 $ 733,053.14 100.00% TOTAL CASH AND INVESTMENT $ 2,601,036.12
.... (CORPORATE _�. ,.._�H
ASH WITH FISCAL AGENT-US BANK CORPORATE TRUST SERVICES)RESTRICTED BOND CAS � ACCOUNTNAME _ BOOK VALUE FACE VALUE MARKET VALUE RATE CDC TARR BOND P1 RED AR RES AIC 2014A $ 400,684.16 $ 40Q,684.16 $� 400,684.16 0.00% CDC TARR BOND P1 RED AR REV A/C 2014 A 533,000.00 533,000.00 533,000.00 0.00% CDC TARR BOND CC RED AR RES A/C 2014 B 615,030.75 615,030.75 615,030.75 0.00% CDC TARR BOND CC RED AR REV A/C 2014 B 527,950.08 527,950.08 527,950.08 0.00% CDC 2ND SUB TARR B CC RES A/C 2014 C 1,110,099.30 1,110,099.30 1,110,099.30 0.00% CDC 2ND SUB TARR B CC REV A/C 2014 C 699,808.39 699,808.39 699,808.39 0.00% TOTAL $ 3,886,572.68 $ 3,886,572.68 $ 3,886,572.68 ACCOUNT NAME __ BOOK VALUE FACE VALUE MARKET VALUE RATE _.
FIN.AUTH.TRB REV A/C 2005 SERIES(A) �$ — "5.70 $ 5.70 $ 5.70 0.00% FIN.AUTH.TRB RES AIC 2005 SERIES(A)PR 1 193,952.42 193,952.42 193,952.42 0.00% FIN.AUTH,TRB RES A/C 2005 SERIES(A)CC 429,857.69 429,857.69 429,857.69 0.00% TOTAL $ 623,815.81 $ 623,815.81 $ 623,815.81 Exhibit 1 272
2of4
CITY OF BELL GARDENS
TREASURER'S REPORT FOR
CASH,INVESTMENT PORTFOLIO,
AND RESTRICTED BOND CASH
JULY 31,2022
ACCOUNT ACTIVITY-BY TYPE
CITY CASH
BEGINNING + (-) ENDING
INSTITUTION BALANCE DEPOSITS WITHDRAWALS BALANCE RATE ACCOUNT..... ......... _.r. .�.. _.....- MARKET BANK OF THE WEST $ 21,059,928.90 $ 8,597,113.02 $ (11,150,467.89) $ 18,506,574.03 1.00% COMMON CHECKING BANK OF THE WEST 465,540.55 7,188,869.56 (6,981,907.52) 672,502.59 1.00% -PAYROLL BANK OF THE WEST 0.00 943.012 66 943 012.66) 0.00 1.00% TOTAL $ 21,525,469.45 $ 16,728,995.24 $ (19,075,388.07) $ 19,1799,076.62
CITY INVESTMENT
(-)
WITHDRAWALS/
SALES/
MATURITIES
NO
+ CHANGES
BEGINNING DEPOSITS/ WITHIN ENDING STATED IS
SUER BALANCE PURCHASES FUNDS BALANCE RATE LOCAL AGENCY INVESTMENT FUNDS $ 10,469,177.02 $ 19,600.64 $ 0.00 $ 10,488,777.66 1.090% BANK-ESCROW _._._......111,417.00. .� 0.00. .........................................0.0U .,.. ..111,417.00..� TOTAL 10,580,594 02 $ 19,600.64 $ 0.00 $ 10,600,194.66
CASH WITH FISCAL AGENT-US BANK(CORPORATE TRUST SERVICES)RESTRICTED BOND CASH 0 + ADM.FEESI
INTEREST/ WITHDRAWALS/
BEGINNING DEPOSITS/ SALES/ ENDING
ACCOUNT NAME BALANCE PURCHASES MATURITIES BALANCE_ RATE WATER REF.REV.BONDS SERIES 2004-Pri 7.03 0.00 0.00 7.03 0.000% WATER REF.REV.BONDS SERIES 2004-Rev 398,436.55 1.64 0.00 398,438.19 0.000% LEASE REV REF BONDS SERIES 2015A Res 437 789.07 1.80 0.00 437,790.87 0.000% $ 836,232.65 $ 3.44 $ 0.00 $ 836,236.09
Exhibit 1 3373
CITY OF BELL GARDENS
TREASURER'S REPORT FOR
CASH,INVESTMENT PORTFOLIO,
AND RESTRICTED BOND CASH
JULY 31,2022
ACCOUNT ACTIVITY-BY TYPE
SUCCESSOR to CDC CASH
BEGINNING + (-) ENDING
ACCOUNT INSTITUTION BALANCE DEPOSITS WITHDRAWALS BALANCE RATE MARKET BANK OF THE WEST $ 3,630,689.94 $ 0.00 $ (1,763,866.97) $ 1,866,822.97 1.00% COMMON CHECKING BANK OF THE WEST 1,156.62 1,763,870.36 1,763,866.97) 1,160.01 1.00% _ ,. ..
$ 3,631,846.56 $ 1,763,870.36 $ (3,527,733,94 $ 1,867,982.98 + WITHDRAWALS/
BEGINNING DEPOSITS SALES/ ENDING STATED
..e•. .... ..��. . .......... _ ..
ISSUER BALANCE PURCHASES MATURITIES BALANCE RATE LOCAL AGENCY INVESTMENT FUNDS $ 731,683.28 $ 1,369.86 $ 0.00 $ 733,053.14 1.090% TOTAL $ 731,683.28 $ 1,369.86 $ 0.00 $ 733,053.14
CASH WITH FISCAL AGENT-US BANK('CORPORATE TRUST SERVICES)RESTRICTED BOND CASH + ADM.FEES/
INTEREST/ WITHDRAWALS/
DEPOSITS/ SALES/
BEGINNING PURCHASES/ MATURITIES/ ENDING
m,... . _...... _ BALANCE.... RATE
ACCOUNT NAME BALANCE MARKET GAIN MARKET LOSS CDC TARR BOND P1 RED AR RES A/C 2014 A $ 400,682.51 $ 1.65 $ 0.00 $ 400,684.16 0.00% CDC TARR BOND P1 RED AR REV A/C 2014 A 11.23 532,988.77 0.00 533,000.00 0.00% CDC TARR BOND CC RED AR RES A/C 2014 B 615,028.22 2.53 0.00 615,030.75 0.00% CDC TARR BOND CC RED AR REV A/C 2014 B 0.08 527,950.00 0.00 527,950.08 0.00% CDC 2ND SUB TARR B CC RES A/C 2014 C 1,110,094.74 4.56 0.00 1,110,099.30 0.00% CDC 2ND SUB TARR B CC REV A/C 2014 C 0.19 699,808.20 0.00 699,808.39 0.00% TOTAL $ 2,125,816.97 $ 1,760,755.71 $ 0.00 $ 3,886,572.68 + 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 $ 5.76 0.00% FIN.AUTH.TRB INT A/C 2005 SERIES A PR 1 193,951.62 0.80 0.00 193,952.42 0,00% FIN.AUTH.TRB RES A/C 2005 SERIES A CC 429,855.92 1.77 0.00 429,857.69 0.00% TOTAL $ 623,813.24 $ 2.57 $ 0.00 $ 623,815.81 In compliance with California Government Code Section 53646,as the City Treasurer of City of Bell Gardens,I hereby certify that sufficient investment liquidity and anticipated revenues are available to meet the City's and Successor to CDC's expenditure requirements for the next six months,and that all investments are in compliance of the City's Statement of Investment Policy. I also certify that this report reflects all Government Agency pooled investments and all City's and Successor�Ipnpy to CDC s k bal,an6ee Manuel Carillo Sign
City Treasurer Date
Exhibit 1 274
4 of 4
CITY OF BELL GARDENS
OFFICE OF THE CITY MANAGER
u
m
AG E N DA RE P O RT
Item 10.
TO: Honorable Mayor and City Council Members
FROM: Michael B. O'Kelly, City Manager
BY: Gustavo Romo, Community Development Director
SUBJECT: SECOND READING AND APPROVAL OF ORDINANCE NO. 925 ESTABLISHING RENT
STABILIZATION AND TENANT EVICTION PROTECTIONS IN THE CITY OF BELL
GARDENS
DATE: September 12, 2022
RECOMMENDATION:
It is staff's recommendation that the City Council conduct the second reading and approve Ordinance No. 925 inclusive of modifications approved at first reading.
BACKGROUND/DISCUSSION:
On August 22, 2022, the City Council (by a vote of 5-0) approved the introduction for first reading by title only and waiving further reading of Ordinance No. 925 adding Chapter 5.62 "Rent Stabilization" and Chapter 5.63 "Tenant Eviction Protections" to Title 5 of the Bell Gardens Municipal Code subject to the following modifications:
1. Set annual rent increase cap at fifty percent (50%) of the change in the Consumer Price Index, or four percent (4%), whichever is less. (Section 5.62.040.A); and
2. Waive the registration fee for owner-occupied residential real properties containing no more than four (4) dwelling units. (Section 5.62.090.C).
If adopted, the Ordinance will take effect thirty(30)days from this action (October 12, 2022).
FISCAL IMPACT:
Costs will be based on staff time to implement, administer and enforce the rent stabilization and eviction protection regulations, as appropriate.
The proposed ordinance would allow for rental registration fees to offset costs.
A fee study will be performed by the City to determine the full cost of administering and enforcing the new program.
Staff estimates that the fee study will cost a minimum of $60,000. However, the proposals received through the RFP process will determine the actual costs of the study.
ATTACHMENTS:
Exhibit 1-Ordinance No. 925-Rent Stabilization and Tenant Eviction Protections-F I NAL APPROVED ELECTRONICALLY BY:
275
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 276
ORDINANCE NO. 925
AN ORDINANCE OF THE CITY OF BELL GARDENS CALIFORNIA ADDING CHAPTER 5.62 "RENT STABILIZATION" AND CHAPTER 5.63 "TENANT EVICTION PROTECTIONS" TO TITLE 5 OF THE BELL
GARDENS MUNICIPAL CODE RESTRICTING RENT INCREASES AND
ESTABLISHING EVICTION PROTECTIONS AND OTHER
REGULATIONS APPLICABLE TO CERTAIN COVERED RESIDENTIAL
RENTAL UNITS IN THE CITY
WHEREAS, the City of Bell Gardens ("City") is a general law city, incorporated under the laws of the State of California; and
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; and WHEREAS, in response to community concern about rising rents and the need for greater tenant protections, at the City Council meeting of April 8, 2019, the City Council of the City of Bell Gardens ("City Council") formed an Ad Hoc Committee ("Committee") to study the issue of rent control, engage in community outreach and consider the potential development of a rent stabilization and tenant eviction protection ordinance; and WHEREAS, on January 1, 2020, the California Tenant Protection Act of 2019 (the "Act") went into effect. Among other provisions, the Act requires just cause evictions and limits rent increases for rental properties subject to the Act to five percent plus the percentage change in the consumer price index up to a maximum of 10% (Civil Code Section 1947.12); and
WHEREAS, as of March of 2020, to mitigate the impact of the Coronavirus 2019 ("COVID-19") pandemic the State of California Legislature and County of Los Angeles Board of Supervisors implemented urgency measures to protect tenants from evictions and limit rent increases on residential properties. Because of these temporary measures, the City paused its efforts to consider a local rent control program within the City.
Exhibit 1 277
Ordinance No. 925
WHEREAS, on February 22, 2021, at the regular City Council meeting, City Council appointed additional members to the Committee and directed staff to resume its directive to explore a permanent rent control program.
WHEREAS, between June of 2021 and March of 2022 the Committee met on several occasions to explore and discuss the issue. The Committee also held two community workshops on January 13, 2022, and March 12, 2022; and WHEREAS, on April 11, 20227 City staff provided an update to the City Council on the Committee's efforts and the City Council directed staff to prepare a rent stabilization and tenant eviction protection ordinance with input from the Committee for future consideration by the City Council; and
WHEREAS, on April 25, 2022, the City Council adopted Urgency Ordinance No. 922-U to temporarily restrict rent increases for certain residential properties while the City further considers and develops a rent stabilization and tenant eviction protection ordinance; and
WHEREAS, on July 11, 2022, the City Council adopted Urgency Ordinance No. 924-U extending the temporary rent freeze for covered units to allow more time to gather input from key stakeholders and finalize a permanent rent stabilization and tenant eviction protection ordinance for City Council consideration; and WHEREAS, rents in the City and throughout Los Angeles County continue to rise, and although the City has lower rents relative to surrounding communities, many local residents, particularly low-income households, struggle with paying for rising housing costs and meeting other basic needs such as food, transportation and health care; and WHEREAS, in the City of Bell Gardens, 77.8% of households are renters and approximately 88% of renter households fall within the low, very low, or extremely low income category, according to the City's Housing Element 2021-2029 ("Housing Element"). The Housing Element also indicates that 62% of renter-occupied households 2 of 48
Exhibit 1 278
Ordinance No. 925
in the City are cost burdened, paying more than 30% of gross income on housing; and 31% are severely cost burdened, paying more than half of gross income on housing; and WHEREAS, the effect of high rents coupled with low incomes, critical shortages of affordable rental housing, and rapidly rising costs for other basic necessities leaves residents vulnerable to economic hardship, housing insecurity and displacement, threatening the public health, safety and welfare of a substantial number of City residents; and
WHEREAS, the Costa-Hawkins Rental Housing Act, California Civil Code section 1954.50, et seq., ("Costa-Hawkins Act") limits the applicability of local rent stabilization policies, including prohibiting local jurisdictions from applying rent control to certain residential rental properties. This Ordinance intends to comply with the Costa-Hawkins Act and all other applicable state laws; and
WHEREAS, the protections provided in this Ordinance are more restrictive, or provide greater benefits than those set forth in California Civil Code section 1946.2 in that this Ordinance further limits the reasons for termination of a residential tenancy, provides for higher relocation assistance amounts, or provides additional tenant protections that are not prohibited by any other provision of law.
NOW, THEREFORE, THE CITY COUNCIL OF THE CITY OF BELL GARDENS DOES HEREBY ORDAIN AS FOLLOWS:
SECTION 1. Findings. The Recitals above are true and correct and incorporated herein by reference.
SECTION 2. Chapter 5.62 of Title 5 of the Bell Gardens Municipal Code is hereby added to read as follows:
Chapter 5.62
RENT STABILIZATION
Sections:
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Exhibit 1 279
Ordinance No. 925
5.62.010 Purpose and Applicability
5.62.020 Definitions
5.62.030 Exemptions
5.62.040 Permitted Rent Increases for Covered Rental Units
5.62.050 Permitted Rent Increases for Below Market Rents
5.62.060 Capital Improvement Pass-Through Cost Recovery
5.62.070 Petition for Rent Adjustment
5.62.080 Security Deposits
5.62.090 Rental Unit Registration
5.62.100 Notices to Tenants
5.62.110 Enforcement
5.62.120 Administrative Review and Appeals
5.62.130 Administrative Citations
5.62.140 Remedies
5.62.150 Waiver
5.62.160 Severability
5.62.010. Purpose and Applicability.
A. The purposes of this Chapter are to protect tenants from excessive rent increases and to promote long-term stability and certainty for tenants in the rental market while providing landlords an ability to receive a fair return on their rental property.
B. This Chapter shall apply to all Rental Units within the jurisdictional boundaries of the City, unless otherwise exempted by State law or the provisions of this Chapter.
C. This Chapter regulates rents for certain tenancies. It requires landlords to register rental units, establishes an administrative petition process, and provides for procedures and guidelines for the implementation of this Chapter.
5.62.020. Definitions. For the purposes of this Chapter, unless the context requires otherwise, the following definitions shall apply:
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Ordinance No. 925
A. "Base Rent" means the Rent charged for a Rental Unit in effect on April 11, 2022, when the City Council declared its intent to regulate rent for residential properties in the City, or at the initiation of the Tenancy, whichever is later, plus any rent increase allowed thereafter pursuant to this Chapter.
B. "Capital Improvement" means the addition, substantial repair or replacement of any improvements to dwelling units, buildings, or common areas, which materially adds to the value of the property, appreciably prolongs its useful life or adapts it to new uses, provided such improvement has a useful life expectancy of more than one (1) year and which is the same type of improvement as those allowed to be amortized over the useful life of the improvement in accordance with the Internal Revenue Code and its regulations or similar improvements as determined by the Department. Capital Improvement does not include normal or routine maintenance or repair or repairs covered by insurance.
C. "City" means the City of Bell Gardens.
D. "Code" means the City of Bell Gardens Municipal Code.
E. "Comparable Unit" means Rental Units that have approximately the same living space and the same or similar number of bedrooms, are located in the same or similar neighborhoods, and feature the same, similar, or equal amenities and housing services.
F. "Consumer Price Index" or "CPI" means the Consumer Price Index for all urban consumers of the Los Angeles-Long Beach-Anaheim, California area, published by the U.S. Department of Labor, Bureau of Labor Statistics, or any successor designation of that index that may later be adopted by the U.S. Department of Labor.
G. "Covered Rental Unit" means any Rental Unit that is not designated as exempt pursuant to Section 5.62.030 of this Chapter.
H. "Department" means the Community Development Department of the City of Bell Gardens, or other Department designated by the City Council to administer the provisions of this Chapter.
I. "Director" means the Director of Community Development of the City of Bell Gardens, or their designee.
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Exhibit 1 281
Ordinance No. 925
J. "Hearing Officer" means the person designated by the City Manager or designee to conduct a review hearing and decide petitions and appeals under this Chapter.
K. "Housing Services" means all services provided by the Landlord related to the use or occupancy of a Rental Unit, including, water, heat, utilities, insurance, maintenance, repairs, painting, elevator service, laundry facilities, janitorial service, refuse removal, furnishings, window shades and screens, parking, storage, security services, recreational areas, right to have specified number of tenants or occupants, allowing pets, communications technologies (internet, cable and satellite services), and any other benefit, privilege or facility that has been provided by the Landlord to the Tenant with use or occupancy of a Rental Unit. Services to a Rental Unit shall include a proportionate part of services provided to common facilities of the building or residential complex in which a Rental Unit is contained.
L. "Landlord" means an owner, lessor, sublessor, or any other person entitled to offer any Rental Unit for Rent or entitled to receive Rent for the use and occupancy of a Rental Unit, and the agent, representative, or successor of any of the foregoing. "Landlord" includes a Mobilehome Park and its agent, representative, or successor.
M. "Mobilehome" means any mobilehome as defined under California Civil Code Section 798.3.
N. "Mobilehome Park" means an area of land located where two or more Mobilehome spaces are rented or leased out for Mobilehomes used as residences.
O. "Rent" means 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 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. Rent does not include any of the following: security deposits, utility charges billed separately to the Tenant by the utility company, and pass-through fees and charges authorized pursuant to this Chapter.
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Ordinance No. 925
P. "Rental Agreement" means an agreement, oral, written, or implied, between a Landlord and Tenant for the use or occupancy of a Rental Unit and related Housing Services.
Q. "Rental Unit" means any dwelling unit, as defined under California Civil Code section 1940 subsection (c) located in the jurisdictional boundaries of the City of Bell Gardens and that is used or occupied for human habitation in consideration of payment of rent, whether or not the residential use is legally permitted, including Mobilehomes rented by the owner of the Mobilehome, and accessory dwelling units. "Rental Unit" also means a Mobilehome Park space located in the jurisdictional boundaries of the City of Bell Gardens.
R. "Residential Real Property" includes any parcel of land containing one or more dwelling units intended for human habitation.
S. "Service Reduction" means any decrease or diminution in the level of Housing Services provided by the Landlord on or after the effective date of this Chapter, including but not limited to, services the Landlord is required to provide pursuant to..
1. California Civil Code section 1941 et. seq.;
2. The Landlord's implied warranty of habitability, which cannot be contractually excluded or waived;
3. A Rental Agreement between the Landlord and the Tenant; and
4. The level of service as implied by the condition of improvements, fixtures, and equipment, and their availability for use by the Landlord at the time of execution of the Rental Agreement with the Landlord.
T. "Tenancy" means the lawful right or entitlement of a Tenant to use or occupy a Rental Unit. This includes a lease or a sublease.
U. "Tenant" means a tenant, subtenant, lessee, sublessee, or any other person entitled, under the terms of a Rental Agreement to the use or occupancy of any Rental Unit.
5.62.030. Exemptions.
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Ordinance No. 925
A. This Chapter shall not apply to any Rental Unit expressly exempt pursuant to any provision of State or federal law, with the exception of the requirements of Section
5.62.090.
B. The following are specifically exempt from the provisions of this Chapter:
1. Any dwelling unit that has a certificate of occupancy or equivalent permit for residential occupancy issued after February 1, 1995.
2. Any dwelling unit that is alienable separate from the title to any other dwelling unit, including single family residences, condominiums and townhomes, but excluding Mobilehomes offered for rent by the owner of the Mobilehome, or is a subdivided interest in a subdivision, as specified in California Business and Professions Code Section 11004.5 (b), (d) or (f).
3. Housing restricted by deed, regulatory restriction contained in an agreement with a government agency, or other recorded document as affordable housing for persons and families of very low, low or moderate income, as defined in Health and Safety Code section 50093, or subject to an agreement that provides housing subsidies for affordable housing for persons and families of very low, low or moderate income, as defined in Health and Safety Code section 50093 or comparable federal statutes, but excluding any dwelling unit for which a Landlord receives federal housing assistance vouchers issued under Section 8 of the United States Housing Act of 1937 line 9 (42 U.S.C. Sec. 1437f).
4. Owner-occupied residential real property containing no more than three (3) rental units in which the owner occupied one of the units as the owner's principal place of residence since the beginning of the tenancy, so long as the owner continues in occupancy. For purposes of this subsection:
a. The term "owner" means a natural person who owns at least a 25% ownership interest in the residential real property.
b. An exemption under this subsection shall expire by operation of law when the owner ceases to reside on the property as their principal place of residence.
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Exhibit 1 284
Ordinance No. 925
5. Accommodations in hotels, motels, inns, tourist homes and boarding houses, and rooming houses, or other facilities, for which the City has received or is entitled to receive payment of transient occupancy tax pursuant to Chapter 3.24 of the Code (Transient Occupancy Tax) and California Civil Code section 1940 subdivision (b).
6. Housing accommodations in a nonprofit hospital, religious facility, extended care facility, licensed residential care facility for the elderly (as defined in Health and Safety Code Section 159.2), or any other facility licensed by the State to provide medical care for residents.
C. Exemptions are not automatic but shall be granted by the Department upon application by the Landlord as set forth in Section 5.62.090.
5.62.040. Permitted Rent Increases for Covered Rental Units.
A. A Landlord shall not increase the Rent for a Covered Rental Unit by more than fifty percent (50%) of the change in CPI, or four percent (4%), whichever is lower.
For purposes of this Section, "change in CPI" means the percentage change in the Consumer Price Index over the previous 12-month period ending in April of each year.
B. A Landlord shall not impose more than one (1) Rent increase for a Covered Rental Unit in any 12-month period, calculated from the date the Rent increase takes effect, unless otherwise permitted pursuant to this Chapter.
C. Commencing ten (10) days after the effective date of this Chapter and no later than September 30 of each subsequent year, the Department shall announce the maximum allowable annual Rent increase effective as of November 1 of that year, in accordance with the Department's procedures and guidelines.
D. A Landlord may impose an annual Rent increase for any Covered Rental Unit, as allowed in this Section, only after providing at least thirty (30) days written notice to the Tenant of the Rent increase pursuant to California Civil Code section 827.
E. A Landlord may impose an annual Rent increase only upon registering the Rental Unit with the City and paying any required annual registration fees pursuant to 9of48
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Ordinance No. 925
Section 5.62.090, and maintaining compliance with State and local laws and requirements.
F. A Landlord who does not impose an annual Rent increase or a portion of the permitted annual Rent increase waives that annual Rent increase or the remaining portion of that permitted annual Rent increase for the remainder of the Tenancy. A Landlord shall not bank any waived or unused permitted annual Rent increases for use in future years.
G. This Chapter does not supersede a Landlord's right to set the initial Rent for new tenancies under State law.
H. A Tenant of a Covered Rental Unit subject to this Section shall not enter into a sublease that results in a total Rent for the Rental Unit that exceeds the allowable Rent authorized by this Section. Nothing in this Section authorizes a Tenant to sublet or assign the Tenant's interest where otherwise prohibited I. A Tenant may refuse to pay a Rent increase which is in violation of this Chapter.
Such refusal to pay the unallowed increased amount in excess of permitted Rent charges shall be an affirmative defense in any action brought to recover possession of a Rental Unit or to collect the Rent increase owed.
5.62.050. Permitted Rent Increases for Below Fair Market Rent.
A. If the Landlord of a residential real property charges an existing Tenant Rent for a Covered Rental Unit that is less than 80% of Fair Market Rent for a Comparable Unit, upon approval of the Department, a Landlord may increase the Rent, in addition to the annual Rent increase allowed under Section 5.62.040, by an amount not to exceed three percent (3%) subject to the following:
1. The Department shall only approve adjustments to Rent increases under this subsection until the Rent equals or exceeds 80% of Fair Market Rent for a Comparable Unit.
2. The U.S. Department of Housing and Urban Development's Office of Policy Development and Research's (HUD PD&R) then most recently published Small Area Fair Market Rents (SAFMRs) calculated for the 10 of 48
Exhibit 1 286
Ordinance No. 925
Bell Gardens Zip Code shall be used for determining Fair Market Rent.
In the event HUD PD&R ceases publishing such Small Area Fair Market Rent, the City Council, by resolution, may identify an alternative source of Fair Market Rent.
3. The Landlord files an application with the Department to request approval for a permitted below market rent increase in accordance with the Department's procedures and guidelines.
4. A Landlord may not increase the Rent under this Section until the Department approves the Landlord's application and the Landlord registers each affected Rental Unit pursuant to Section 5.62.090. Only one additional Rent increase may be approved in any 12-month period.
5. The Landlord shall provide Tenants with written notice of the Rent increase authorized by the Department.
6. Nothing in this Section shall be interpreted to authorize a Rent increase for a Covered Rental Unit in excess of the amount authorized pursuant to California Civil Code section 1947.12.
5.62.060. Capital Improvements Pass-Through Cost Recovery.
A. A Landlord may pass-through 50% of Capital Improvement costs to existing Tenants in Covered Rental Units in accordance with the provision of this Section.
B. Capital Improvements must be for the primary benefit, use and enjoyment of Tenants, cost-factored, and amortized over a useful life of at least five (5) years, and permanently fixed in place or relatively immobile and appropriate to the use of the rental property.
C. Capital Improvements eligible for pass-through cost recovery include, but are not limited to:
1. The addition, but not the replacement, of the following improvements to a Rental Unit or common areas of the building in which the Rental Unit is located: air conditioning, security gates and other security items, swimming pool, sauna or hot tub, fencing, children's play equipment permanently 11 of 48
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Ordinance No. 925
installed on the premises, and other similar improvements as determined by the Department.
2. Replacement or substantial modification of any structural, electrical, plumbing, or mechanical system that requires a permit pursuant to State or local law.
3. Abatement of hazardous materials, such as lead-based paint, mold or asbestos, in accordance with applicable federal, State, and local laws.
D. Capital Improvements cannot include regular maintenance or repairs from wear and tear, or be the result of a Landlord's failure to perform regular maintenance and repairs, or repairs covered by insurance.
E. Application Process.
1. A Landlord must apply to the Department for recovery of Capital Improvement costs, on a form approved by the Department, within one hundred eighty (180) days of completion of the Capital Improvement.
2. The pass-through application must contain the following information, and be accompanied by copies of relevant supporting documentation:
a. A description of the completed Capital Improvement; b. A copy of all estimates, contracts, bills, invoices, and other documentation reasonably necessary to establish the cost of the Capital Improvement;
c. The proposed amortization period to be used based on the Department's procedures and guidelines, if the period differs from 60 months;
d. A list of Tenants that will be affected by or benefit from the Capital Improvement;
e. The formula used to calculate the pro rata share of each Tenant; f. The monthly cost to each affected or benefiting Tenant; g. The commencement and completion dates of the Capital Improvement; and
h. Such other information as the Department may reasonably request. 12 of 48
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3. Within five (5) calendar days after submission of the application with the Department, the Landlord shall serve each affected Tenant with notice of the application via personal service or certified mail return receipt requested. The notice must include a copy of the application.
4. Within ten (10) calendar days after submission of the application, the Landlord shall file with the Department a proof of service signed under penalty of perjury stating that a copy of the application was served upon the affected Tenant. Such proof of notice is required before the application will be reviewed by the Department.
F. Landlord may not pass-through costs of Capital Improvements to Tenants until the Department approves the Landlord's application and the Landlord registers each affected Rental Unit pursuant to Section 5.62.090.
G. No pass-through cost-recovery shall be approved in an amount that would exceed five percent (5%) of the Rent in effect at the time the pass-through application is filed with the Department. If the total amount of calculated pass-through costs would result in an increase that exceeds five percent (5%), the pass-through cost amortization period may be extended beyond the established amortization period to allow the Landlord to recover eligible Capital Improvement costs while not exceeding the maximum increase authorized by this subsection.
H. A Landlord shall provide written notice of an approved pass-through cost to Tenants in accordance with California Civil Code section 827 and the notice shall be delivered at least thirty (30) days before the approved pass-through cost takes effect.
I. The approved pass-through cost should appear as a separate line item on a Rent statement along with the end date of the amortization period and any remaining pass-through balance. An approved pass-through cost is not considered Rent for purposes of this Chapter.
J. Pass-through cost recovery applications will be considered and determined by the Director in accordance with guidelines and procedures established by the 13 of 48
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Ordinance No. 925
Department; and the Director's determination may be appealed to a Hearing Officer in accordance with the procedures set forth in Section 5.62.120.
5.62.070. Petition for Rent Adjustment.
A. Landlord's Application for Rent Increase. A Landlord may file an application with the Department to request an increase in Rent for a Covered Rental Unit in excess of that which is permitted under Sections 5.52.040 and 5.62.050 to in good faith ensure a fair and reasonable return on the Landlord's investment.
1. Presumption. It shall be a rebuttable presumption that the annual net operating income earned by a Landlord, and Rent increases allowed under Sections 5.62.040 and 5.62.050, provide the Landlord with a fair and reasonable return on their investment. A Landlord shall have the burden to prove the necessity of any additional Rent increase necessary to earn a fair and reasonable return.
2. Nothing in this Section shall be interpreted to authorize a Rent increase for a Covered Rental Unit in excess of the amount authorized pursuant to California Civil Code section 1947.12.
3. Approval of the Landlord's application for Rent increase may become effective only after all of the following:
a. A Landlord has provided written notice to the Tenant of the approved Rent increase for the Covered Rental Unit in accordance with California Civil Code section 827; and
b. A Landlord has registered each Rental Unit in the rental property, and is current on payment of registration fees, pursuant to Section
5.62.090.
4. Review and Approval of Application for Rent Increase. a. The Department shall consider the following factors, as well as any other relevant factors, in reviewing the application and making its determination, and no one (1) factor shall be determinative. i. Changes in the CPI.
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ii. The rental history of the affected Covered Rental Unit(s) and the rental property, including the Base Rent and pattern of past Rent increases or decreases;
iii. The Landlord's income and expenses as they relate to the rental property.
iv. Increases or decreases in property taxes.
v. The history or any prior hearings or determinations on an application for Rent increase by Landlord.
vi. The addition of Capital Improvements on the rental property. vii. The physical condition of the affected Covered Rental Unit(s) and building, including the quantity and quality of maintenance and repairs performed during the preceding twelve (12) months, as well as the long-term patterns of operating, maintenance, and Capital Improvement expenditures.
viii.The need for repairs caused by circumstances other than ordinary wear and tear.
ix. Any increase or decrease of Housing Services since the last Rent increase.
x. Any existing Rental Agreement lawfully entered into between the Landlord and the Tenant.
A. A decrease in net operating income.
xii. A fair and reasonable return on the building prorated among the Rental Units in the building.
xiii.If Landlord received Rent in violation of this Chapter or has otherwise failed to comply with this Chapter.
b. The Director may approve or deny an application for Rent increase beyond that which is permitted under Section 5.62.040 and 5.62.050 and make the following determinations, with written findings in support thereof, in compliance the provisions of this Chapter:
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i. The Department determines the Rent increase in the amount requested by Landlord is necessary and appropriate to ensure the Landlord receives a fair and reasonable return on the Landlord's investment, and will not cause an undue financial burden on the affected Tenant.
ii. The Department determines a lesser Rent increase than the amount requested by Landlord more appropriately ensures a fair and reasonable return on the Landlord's investment and will not cause an undue financial burden on the affected Tenant.
iii. The Department determines no additional Rent increase is necessary and appropriate to ensure the Landlord receives a fair and reasonable return on the Landlord's investment. c. Nothing in this Section shall be interpreted to authorize a Rent increase for a Covered Rental Unit in excess of the amount authorized pursuant to California Civil Code section 1947.12.
5. Notices Upon Filing Application for Rent Increase. Within five (5) calendar days after submission of an application for Rent increase with the Department, the Landlord, at their own expense, shall provide written notice of said application to each affected Tenant via personal service or certified mail return receipt requested.
B. Tenant Application for Adjustment. A Tenant of a Covered Rental Unit may file an application for Rent adjustment with the Department for its determination in order to in good faith ensure the Tenant receives any adjustment they may be entitled to because of a Landlord's potential violation(s) of this Chapter. A Tenant must file such application for Rent adjustment within one hundred eighty (180) days from the date the Tenant knew, or reasonably should have known, of the Landlord's potential violation(s).
1. Unlawful Rent and/or Fees or Charges. A Tenant may file an application for adjustment with the Department due to a Landlord's demand for Rent, fees, 16 of 48
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Ordinance No. 925
or charges that may be in excess of that permitted for a Covered Rental Unit.
2. Failure to Maintain Habitable Premises. A Tenant may file an application for adjustment with the Department to request a refund of, or decrease in, Rent proportional to a Landlord's potential failure to maintain the Covered Rental Unit as a habitable premise in accordance with applicable laws or the Rental Agreement.
a. A Landlord shall not be liable to a Tenant for failure to maintain habitable premises if the Tenant caused the condition that is the subject of the application.
3. Decrease in Housing Services. A Tenant may file an application for adjustment with the Department for a Service Reduction in Housing Services, without a corresponding reduction in Rent, which may be considered an increase in excess of permitted Rent.
4. Prior to filing an application for adjustment with the Department, a Tenant shall provide the Landlord all of the following:
a. Written notice identifying the potential violation(s) of excess Rent, fees or charges, failure to maintain habitable premises and/or decrease in housing services; and
b. A reasonable opportunity for the Landlord to correct the issues.
5. Review and Determination of Application for Adjustment. The Department shall consider the following factors, as well as any other relevant factors, in making its determination and no one (1) factor shall be determinative. a. Increases or decreases in Rent or Housing Services since the effective date of this Chapter,
b. The pattern of recent Rent or Housing Service increases or decreases.
c. Whether the Landlord has received payment in excess of the maximum allowable Rent, fees, or charges permitted by this Chapter or has otherwise failed to comply with this Chapter.
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d. When and how the Service Reduction was first identified by the Tenant and when and how the Landlord was notified of the alleged Service Reduction, orally, or in writing, and Landlord's response to such notice and whether Housing Services were reinstated or restored by the Landlord, and if so, when and how.
e. Whether any habitability violations stated by the Tenant in the application was improved or corrected, and if so, when and how. f. The status of the habitability issues as of the date the application is signed.
6. Notice upon Filing Application for Adjustment. Within five (5) calendar days after submission of an application for adjustment with the Department, the Tenant shall provide written notice of said application to the Landlord via personal service or certified mail return receipt requested.
C. Application Submittal to Department for Rent Increase or Adjustment. Upon receipt of an application, the Department shall review and evaluate whether there should be a Rent increase or adjustment in accordance with this Section and the Department's procedures and guidelines.
1. The application shall be on a form approved by the Department, signed under penalty of perjury, and must be accompanied by an application fee, if any, and must include the following:
a. The specific Rent increase or adjustment requested; and b. Copies of any books, records, papers, or other financial information relevant to the review of the application; and
c. Other documentation reasonably required by the Department relevant to the application.
2. Application Fees. The Department may set a reasonable application fee to be paid by the applicant at the time of the filing based on the administrative expenses incurred in reviewing and processing the application.
3. The Department shall have the authority to deem an application complete. 18 of 48
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D. Right of Assistance. All parties to an application for Rent adjustment may seek assistance from attorneys or any other person designated by said parties.
E. Consolidation. Applications for Rent adjustment pertaining to Tenants in the same building or rental property may be consolidated for determination at the election of the Department.
5.62.080. Security Deposit.
A. Unless otherwise prohibited by State law or the terms of a written rental agreement, a Landlord may increase a Tenant's security deposit for a Covered Rental Unit at the same time the Landlord seeks to increase the Rent under sections 5.62.040. Any increase in the security deposit shall be clearly stated in the written notice of the annual rent increase and shall not exceed the maximum amount authorized by State law.
B. As used in this Section, security deposit means any "security" as defined in California Civil Code section 1950.5.
5.62.090. Rental Unit Registration.
A. On or before September 30, 2023, and on or before September 30 of each subsequent year, a Landlord must register with the Department each Rental Unit that is rented or available for Rent for a term exceeding thirty (30) consecutive days by filing a rental registration in a form approved by the Department. After initial Rental Unit registration, a Landlord shall notify the Department and update the rental registration within thirty (30) days of the start of a new tenancy or any subsequent change in tenancy or ownership.
B. Registration must include, but is not limited to, the following information:
1. Property information, including address, year built and certificate of occupancy date.
2. Rent for each Rental Unit in the rental property at the time of registration and the date and amount of the last Rent increase.
3. Ownership information for the rental property.
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4. The number of total Rental Units in the rental property.
5. The number of bedrooms and bathrooms for each Rental Unit
6. Tenant information, including names and move-in dates.
7. A description of Housing Services.
8. Any additional information reasonably required by the Department to implement this Chapter.
C. Registration Fee. A Landlord must pay an annual registration fee for each Rental Unit registered on or after September 30, 2023. The registration fee shall be established by resolution of the City Council. Such fees are intended to recover the City's reasonable costs to implement, administer and enforce its rent stabilization and eviction protection regulations as set forth in Chapters 5.62 and Chapter 5.63 of the Code. The registration fee established by this subsection shall be waived for any Rental Unit in an owner-occupied residential real property containing no more than four (4) dwelling units in which the owner occupies one of the units as the owner's principal place of residence, so long as the owner continues in occupancy. For purposes of this subsection:
1. The term "owner" means a natural person who owns at least a 25% ownership interest in the residential real property.
2. A waiver under this subsection shall expire by operation of law when the owner ceases to reside on the property as their principal place of residence.
D. Registration Fee Pass-Through. A Landlord may recover fifty percent (50%) of a registration fee from the Tenant. A Landlord may only collect one annual registration fee pass-through cost at a time and must also meet the following requirements to pass-through this registration fee:
1. Timely and accurately submits an annual registration for each Rental Unit in the rental property;
2. Lists the registration fee pass-through cost as a separate line item on the monthly obligation(s) statement;
3. Provides Tenant with thirty (30) days' notice before collecting any registration fee pass-through cost; and
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Ordinance No. 925
4. A Tenant's payment to the Landlord for the registration fee pass-through cost is paid in twelve (12) equal, monthly installments, unless otherwise agreed to by the Tenant.
E. Application for Rental Unit Exemption. Any person with an ownership interest in a Rental Unit may claim an exemption from this Chapter by filing with the Department an application of exemption on a form approved by the Department.
5.62.100. Notices to Tenants.
A. Mandatory Notices to Tenants. Landlords must provide to each Tenant, prior to, or at the time of agreeing to rent or lease a Covered Rental Unit, a notice of Tenant rights under this Chapter. The Department shall publish a form notice of Tenant rights in English and other frequently spoken languages. Landlords must provide the form notice in the following circumstances.
1. When entering into a Rental Agreement, by including a copy of the form notice as an exhibit or attachment to the written Rental Agreement;
2. When renewing a Rental Agreement; and
3. When providing notice of a Rent increase or decrease in a Covered Rental Unit
B. Notice Regarding Potential Pass-Through Costs and Fees. A Landlord shall include language in the Rental Agreement that Tenant may be subject to pass- through costs and fees that have been reviewed and approved by the Department.
C. If the Rental Agreement is negotiated or written in a language other than English, the Landlord must also provide the form notice of Tenant rights in English and the language in which the Rental Agreement was negotiated or written.
5.62.110. Enforcement.
A. Enforcement Authority. The Department is authorized to take appropriate steps it deems necessary to administer and enforce this Chapter.
B. The Director of the Department, or designee, may develop and publish procedures and guidelines to aid in the implementation of this Chapter. 21 of 48
Exhibit 1 297
Ordinance No. 925
5.62.120. Administrative Review and Appeals.
A. Administrative Review.
1. The Department shall review and evaluate applications pursuant to this Chapter and issue a notice of decision in accordance with its procedures and guidelines.
2. The Department may request documents, interview witnesses and affected parties, and gather necessary evidence to review and make appropriate conclusions and findings.
B. Appeal. Any party dissatisfied by the Department's final decision pursuant to this Chapter may request an appeal of the Department's decision to a Hearing Officer, unless otherwise prohibited by this Chapter. The Department's administrative record shall be reviewable by the Hearing Officer.
C. Time Limit. A party must file an appeal in writing before the Department within thirty (30) of the Department's final decision. The Hearing Officer shall have no authority to consider matters not filed within thirty (30) days of the Department's final decision.
D. Filing of Appeals. An appeal shall be filed with the Department, on the prescribed form, along with any accompanying appeal fee, and shall state specifically whether the basis of the appeal is that:
1. The Department's determination or interpretation is not in accord with the purposes of this Chapter;
2. There was an error or abuse of discretion by the Department;
3. The administrative record includes inaccurate information; or
4. The Department's decision is not supported by the administrative record.
E. Procedures for Appeals.
1. Hearing Dates. A hearing on a request for appeal will be scheduled before a hearing officer for a date no sooner than fifteen (15) days and no later than sixty (60) days after receipt of the request for appeal, unless the hearing officer determines that good cause exists for an extension of time. 22 of 48
Exhibit 1 298
Ordinance No. 925
Upon setting the hearing date, the hearing officer shall send written notice to the appealing party of the date, time and place set for the hearing.
2. Public Hearing. The appeal hearing shall be conducted at a hearing open to the public. At the hearing, the Hearing Officer shall review the record of the decision and hear testimony of the party requesting the appeal, representatives of the Department, and any other interested party.
3. Application and Materials. At an appeal hearing, the Hearing Officer shall consider only the administrative record that was the subject of the Department's final decision.
F. Decision and Notice.
1. After the hearing, the Hearing Officer shall either:
a. Affirm, modify, or reverse the Department's decision and specify the reasons for its decision; or
b. Refer the matter back to the Department for further review.
2. Decisions shall be rendered within thirty (30) days of the close of the hearing. If the Hearing Officer fails to act within thirty (30) days of the close of the hearing, the Department's decision shall be deemed affirmed.
G. The Hearing Officer shall mail the Hearing Officer's decision to the parties within ten (10) days after it is rendered.
H. Final decision. The decision of the Hearing Officer shall be final and not subject to further appeal.
I. Judicial Review of Hearing Officer Decision. Any person directly aggrieved by an administrative decision of a hearing officer pertaining to a request for appeal of a Director's decision under this Chapter, may seek judicial review in the Court pursuant to Government Code Section 53069.4 and/or Code of Civil Procedure Sections 1094.5 and 1094.6.
5.62.130. Administrative Citations.
A. Administrative Citation. Any Landlord or Tenant who violates any provision of this Chapter, or Department's procedures and guidelines, is subject to an 23 of 48
Exhibit 1 299
Ordinance No. 925
administrative fine as set in a schedule of fines adopted by resolution by the city council as provided in Chapter 1.16 of the Code.
B. Remedies are Cumulative. Each day that a violation continues shall constitute a separate and distinct offense forwhich an administrative fine may be imposed. The remedies set forth in this section are cumulative and in addition to any other penalty provided by law, including any remedies which may be sought in a civil action. The provisions of this Chapter shall not be construed as limiting any party's right to obtain relief to which he or she may be entitled at law or in equity.
C. Notices of Violation and Administrative Fine. If the Department determines that a Landlord or Tenant has violated this Chapter, the Department may issue notices of violation and administrative fine in accordance with the authority and procedures set forth in Chapter 1.16 of the Code.
D. Administrative Appeals and Judicial Review.
1. Administrative Appeal. Any Landlord or Tenant who receives a notice of administrative fine may request an administrative hearing before a hearing officer in accordance with Chapter 1.16 of the Code.
2. Judicial Review of Hearing Officer Decision. Any Landlord or Tenant may seek judicial review of a hearing officer's decision pertaining to the imposition of an administrative fine in accordance Chapter 1.16 of the Code.
5.62.140. Remedies.
A. Civil Liability. Any Tenant, or any other person or entity acting on behalf of the Tenant who will fairly and adequately represent the Tenant's interest, including the City, is authorized to bring a civil action and/or proceeding in a court of competent jurisdiction for violation of this Chapter, for civil penalties, injunctive, declaratory and other equitable relief, restitution and reasonable attorneys' fees and costs and may take such other steps as necessary to enforce this Chapter. The court may award reasonable attorneys' fees and costs to a Landlord who prevails in any such action if the court determines that the Tenant's action was frivolous. 24 of 48
Exhibit 1 300
Ordinance No. 925
B. Civil Penalty. Any person violating any of the provisions, or failing to comply with any of the requirements of this Chapter, may be liable for a civil penalty not to exceed One Thousand Dollars ($1,000) for each violation.
C. Criminal Penalty. Any person violating any of the provisions or failing to comply with any of the requirements of this Chapter, shall be guilty of a misdemeanor and punished by a fine of not more than One Thousand Dollars ($1,000), or by imprisonment in the county jail for a period of not more than six (6) months, or by both.
D. Defense to Eviction. A Tenant may assert as an affirmative defense a Landlord's failure to comply with the provisions of this Chapter in any action by a Landlord to recover possession of a Rental Unit.
E. Each violation of any provision of this Chapter, and each day during which any such violation is committed, permitted or continued, shall constitute a separate offense.
F. The above remedies are not exclusive and do not preclude the City or any Tenant from seeking other remedies or penalties provided by applicable law.
5.62.150. Waiver. Any waiver of rights under this Chapter shall be void as contrary to public policy.
5.62.160. Severability. If any provision of this Chapter or the application thereof to any person, property, or circumstance, is held invalid, such invalidity shall not affect other provisions or applications of this Chapter that can be given effect without the invalid provision(s) or application, and to this end, the provisions of this Chapter are declared to be severable.
SECTION 3. Chapter 5.63 of Title 5 of the Bell Gardens Municipal Code is hereby added to read as follows:
Chapter 5.63
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Ordinance No. 925
TENANT EVICTION PROTECTIONS
Sections:
5.63.010 Purpose and Applicability
5.63.020 Definitions
5.63.030 Termination of Tenancy
5.63.040 Relocation Assistance
5.63.050 Tenant Buyout Agreements
5.63.060 Retaliatory Eviction and Anti-Harassment
5.63.070 Notices to Tenants
5.63.080 Enforcement
5.63.090 Administrative Citations
5.63.100 Remedies
5.63.110 Waiver
5.63.120 Severability
5.63.010. Purpose and Applicability.
A. The purpose of this Chapter is to reasonably regulate just cause evictions so as to be more protective than Civil Code section 1946.2.
B. This Chapter shall apply to any Tenancy after at least one Tenant has continuously and lawfully occupied a Rental Unit for twelve (12) months or more.
C. This Chapter regulates evictions for certain tenancies. It requires landlords to provide relocation assistance for certain no-fault evictions, prohibits retaliation and harassment, and provides for the implementation and enforcement of this Chapter.
5.63.020. Definitions. For the purposes of this Chapter, unless the context requires otherwise, the following definitions shall apply. 26 of 48
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A. "Buyout Agreement" means a written agreement between a Landlord and a Tenant as provided in Section 5.63.050 by which a Tenant, typically in consideration for monetary payment, agrees to vacate a Rental Unit.
B. "City" means the City of Bell Gardens.
C. "Code" means the City of Bell Gardens Municipal Code.
D. "Department" means the Community and Economic Development Department of the City of Bell Gardens, or other Department designated by the City Council to administer the provisions of this Chapter.
E. "Director" means the Director of the Department, or their designee.
F. "Ellis Act" means California Government Code sections 7060 - 7060.7.
G. "Housing Services" means all services provided by the Landlord related to the use or occupancy of a Rental Unit, including, water, heat, utilities, insurance, maintenance, repairs, painting, elevator service, laundry facilities, janitorial service, refuse removal, furnishings, window shades and screens, parking, storage, security services, recreational areas, right to have specified number of tenants or occupants, allowing pets, communications technologies (internet, cable and satellite services), and any other benefit, privilege or facility that has been provided by the Landlord to the Tenant with use or occupancy of a Rental Unit. Services to a Rental Unit shall include a proportionate part of services provided to common facilities of the building in which a Rental Unit is contained.
H. "Landlord" means an owner, lessor, sublessor, or any other person entitled to offer any Rental Unit for Rent or entitled to receive Rent for the use and occupancy of a Rental Unit, and the agent, representative, or successor of any of the foregoing.
I. "Landlord's Family Member" means a spouse, domestic partner, child, grandchild, parent, or grandparent of a Landlord who is a natural person whose name is on the title of the property.
J. "Mobilehome" means any mobilehome as defined under California Civil Code Section 798.3.
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Ordinance No. 925
K. "Mobilehome Park" means an area of land located where two or more Mobilehome spaces are rented or leased out for Mobilehomes used as residences.
L. "Rent" means 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 Rental Unit or Mobilehome Park space located in the jurisdictional boundaries of the City of Bell Gardens, 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. Rent does not include any of the following: security deposits, utility charges billed separately to the Tenant by the utility company, and pass-through fees and charges authorized pursuant to this Chapter.
M. "Rental Agreement" means an agreement, oral, written, or implied, between a Landlord and Tenant for the use or occupancy of a Rental Unit and related Housing Services.
N. "Rental Unit" means any dwelling unit, as defined under California Civil Code section 1940 subsection (c) located in the jurisdictional boundaries of the City of Bell Gardens and that is used or occupied for human habitation in consideration of payment of rent, whether or not the residential use is legally permitted, including Mobilehomes rented by the owner of the Mobilehome, and accessory dwelling units.
O. "Residential Real Property" includes any parcel of land containing one or more dwelling units intended for human habitation.
P. "Tenancy" means the lawful right or entitlement of a Tenant to use or occupy a Rental Unit. This includes a lease or a sublease.
Q. "Tenant" means a tenant, subtenant, lessee, sublessee, or any other person entitled, under the terms of a Rental Agreement to the use or occupancy of any Rental Unit.
5.63.030. Termination of Tenancy.
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A. No Landlord shall terminate a Tenancy of an occupied Rental Unit after a Tenant has continuously and lawfully occupied the Rental Unit for twelve (12) months or more unless the Landlord can demonstrate either a For Cause or No-Fault term ination.
B. When terminating a Tenancy either For Cause or No-Fault, a Landlord must comply with all of the following:
1. The Landlord must serve a written notice to the Tenant in accordance with California Civil Code sections 1946 through 1946.5 that states the Landlord will terminate the Tenancy, indicates at least one For Cause or No-Fault reason for termination in reasonable detail, and includes any other information required by federal or State law; and
2. The Landlord has not accepted and will not accept Rent or any other consideration in return for the continued use of the Rental Unit beyond the term of the terminated Tenancy in compliance with California Civil Code sections 1945 through 1946.5; and
3. The Landlord qualifies the termination as For Cause or No-Fault, as specified in this Section; and
4. If the termination is a No Fault termination, the Landlord has provided the Tenant with the notice of relocation assistance required by Section
5.63.040.
5. The Landlord has submitted to the Department, within five (5) days after service of the notice of termination on the Tenant, a true and accurate copy of the Landlord's written notice of termination, and proof of such service, signed under penalty of perjury, on the Tenant. The Landlord shall maintain proof of service to the Department as evidence that the Landlord has complied with this Section.
C. For Cause Termination of Tenancy. If a Landlord can show any of the following circumstances with respect to a termination of Tenancy in a Rental Unit, the termination qualifies as a For Cause Termination.
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Exhibit 1 305
Ordinance No. 925
1. Failure to Pay Rent. Tenant failed to pay Rent within three (3) days of written notice being served on Tenant by Landlord demanding payment as provided in paragraph (2) of California Code of Civil Procedure Section 1161.
2. Violation of Material Term of Rental Agreement. Tenant has continued to violate a material term of the Rental Agreement as provided in California Code of Civil Procedure section 1161 subdivision (3), after written notice to cease, and did not cure such violation within ten (10) days after receiving written notice from the Landlord of such violation.
3. Waste. A Tenant committed waste as described in California Code of Civil Procedure section 1161 subdivision (4).
4. Nuisance or Illegal Purpose. Tenant has maintained, committed, or permitted the maintenance or commission of a nuisance or used the Rental Unit for an illegal purpose as provided in California Code of Civil Procedure section 1161 subdivision (4) including:
a. Any crime or act of violence committed by a Tenant of a Rental Unit which involves use of a gun or a deadly weapon, or inflicts serious bodily injury and for which a police report has been filed; b. Any threat of violent crime or violence, which includes any statement made by a Tenant, or at the Tenant's request, by the Tenant's agent, to any person who is on the property where the Rental Unit is located, threatening to commit a crime or violence which will result in death or serious bodily injury to another person, with the specific intent that the statement is to be taken as a threat, even if there is no intent of actually carrying it out, when on its face and under the circumstances in which it is made, it is unequivocal, immediate, and specific as to convey to the person threatened, a gravity of purpose and an immediate prospect of execution of the threat, and thereby causes that person reasonably to be in sustained fear for his or her own safety or for his or her immediate family's safety; or
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Exhibit 1 306
Ordinance No. 925
c.Tenant has created or is maintaining a dangerous condition or an unsanitary condition that endangers health, safety and welfare or physically damages the unit beyond normal wear and tear and that condition has not been promptly abated or repaired after written notice to the Tenant from the Landlord and the passage of a reasonable cure period.
It shall be an affirmative defense to an action for possession of a Rental Unit under this Subsection 5.63.030.E.4 if a court determines that: (i) The Tenant or the Tenant's household member is a victim of an act or acts that constitute domestic violence or sexual assault or stalking; and (ii)The notice of For Cause termination is substantially based upon the act or acts constituting domestic violence or sexual assault or stalking against the Tenant or a Tenant's household member, including but not limited to an action for possession based on complaints of noise, disturbances, or repeated presence of police.
5. Failure to Sign Substantially Similar Lease. The Tenant has refused to execute a written extension or renewal of a Rental Agreement upon expiration of a prior Rental Agreement, after written request or demand from the Landlord, but only if the provisions are substantially similar and the additional term is of similar duration to the prior written Rental Agreement, and is consistent with federal, State, and local laws. For purposes of this Subsection, the Landlord's written request or demand must be received no later than sixty (60) days before final day of Tenancy of the prior Rental Agreement.
6. Assignment or Subletting in Violation of Lease. The Tenant has assigned or sublet the Rental Unit in violation of the Rental Agreement, as provided in California Code of Civil Procedure section 1161(4).
7. Refuse Access. Tenant has continued to refuse, after Landlord has provided a written request, reasonable access to the Rental Unit by the Landlord for the purpose of making necessary repairs or improvements in 31 of 48
Exhibit 1 307
Ordinance No. 925
accordance with California Civil Code Sections 1101.5 and 1954 and California Health and Safety Code Sections 13113.7 and 17926.1.
8. Failure to Vacate After Termination of Employment. Tenant was employed by the Landlord to serve as a resident manager or other employee, was provided with the Rental Unit as part of or as a condition of the employment and the employment has been terminated. This provision shall not apply to any Tenant whose Tenancy in the building or complex housing the Rental Unit commenced prior to assuming managerial responsibilities or whose status as a Tenant commenced prior to their status as a resident manager.
9. Failure to Vacate After Termination of Lease. A Tenant's failure to timely deliver possession of the Rental Unit after: (i) providing the Landlord written notice as provided in Civil Code section 1946 of the Tenant's intention to terminate a lease; or(ii) making a written offer to surrender, that is accepted in writing by the Landlord, but the time specified in that written notice as described in Code of Civil Procedure section 1161(5) has expired.
D. No-Fault Termination of Tenancy. If a Landlord can show any of the following circumstances with respect to a termination of Tenancy in a Rental Unit, the termination qualifies as a No-Fault termination.
1. A Landlord seeks in good faith to recover possession in order to imminently:
a. Demolish the Rental Unit
b. Withdraw the Rental Unit permanently from rental housing use pursuant to the Ellis Act and other applicable State laws.
2. A Landlord seeks in good faith to recover possession of a Rental Unit for the use and occupancy by Landlord or Landlord's Family Member as the principal residence. Said Rental Unit must be occupied as the principal residence within ninety (90) days of the Tenant household vacating the Rental Unit, and the Rental Unit must continue to be occupied as the principal residence of Landlord or Landlord's Family Member for at least three (3) years, unless extenuating circumstances exist. 32 of 48
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a. If the Rental Agreement was entered into on or after the effective date of this Chapter, this Subsection 5.63.030.D.2 shall apply only if the Tenant agrees, in writing, to the termination, or if a provision of the Rental Agreement allows the Landlord to terminate the Rental Agreement if the Landlord, or Landlord's Family Member unilaterally decides to occupy the Rental Unit.
b. A Landlord must provide the Tenant sixty (60) days' written notice that the Landlord intends to terminate the Tenancy.
c. Owner-Occupancy Disclosure.
i. Not less than sixty (60) days prior to the final date of the Tenancy, in addition to any notice required by California Civil Code section 827, the Landlord must disclose to the Department the name(s) of the eligible individual(s) who will occupy the Rental Unit, and the relationship of said individual(s) to the Landlord.
ii. The Department may contact Landlord during the three (3) year occupancy time frame to confirm that the Landlord or Landlord's Family Member resides in the recovered Rental Unit(s), and may obtain written verification of residency. d. A Landlord may not terminate a Tenancy under this Section if any of the following apply, unless the Landlord or Landlord's Family Member who will reside in the Dwelling Unit is similarly situated as the Tenant or Tenant's household members who are being displaced:
i. any Tenant in the Rental Unit has continuously resided in the Rental Unit for at least five (5) years, and a member of Tenant's household is either: (i) 62 years of age or older; or (ii) disabled as defined in Section 12955.3 of the California Government Code or handicapped as defined in Section 50072 of the California Health and Safety Code;
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Ordinance No. 925
ii. any Tenant in the Rental Unit or member of Tenant's household is terminally ill as certified by a treating physician licensed to practice in the State of California; or
iii. any Tenant in the Rental Unit is a low-income tenant (low- income tenant means a household whose income does not
exceed the qualifying limits for lower income families as established and amended from time to time pursuant to Section 8 of the United States Housing Act of 1937, or as otherwise defined in California Health and Safety Code Section 50079.5).
e. Tenant's Right of First Return.
i. If a Landlord or Landlord's Family Member ceases occupation of the Rental Unit within three (3) years after the final date of Tenancy, the Tenant of a Rental Unit is entitled to receive notice of the first right to return to rent the same unit at the Rent previously charged plus any annual Rent increases allowed under Chapter 5.62 of the Code.
ii. Nothing in this Section shall be construed to relieve the Landlord of the obligation to directly contact the former Tenant and to advise the Tenant that the recovered Rental Unit will again be offered for Rent.
3. A Landlord seeks in good faith to recover possession to comply with any of the following: (i) An order issued by a government agency or court relating to habitability that necessitates vacating the Rental Unit; (ii)An order issued by a government agency or court to vacate the Rental Unit; or (iii) A local ordinance that necessitates vacating the Rental Unit. If it is determined by any government agency or court that the Tenant is at fault for the condition or conditions triggering the order or for the need to vacate under this Subsection, the Tenant shall not be entitled to relocation assistance.
E. All No-Fault terminations of Tenancy are eligible for relocation assistance. 34 of 48
Exhibit 1 310
Ordinance No. 925
5.63.040. Relocation Assistance.
A. Permanent Relocation Assistance. When relocation assistance must be paid to Tenants who are evicted from their Rental Unit pursuant to Section 5.63.030, the Landlord must make the relocation assistance payment in accordance with this Section. The Landlord must provide written notice to the Tenant of the Tenant's entitlement to permanent relocation assistance at the same time the Landlord serves a notice of termination of Tenancy.
1. The Landlord shall pay a relocation assistance amount equal to three (3) times the Tenant's monthly Rent in effect when the Landlord served the notice to terminate the tenancy.
2. If any Tenant residing in the Rental Unit from which the Tenants are to be displaced includes a Qualified Tenant, then all Tenants living in the Rental Unit are collectively entitled to additional relocation assistance as follows:
a. The Landlord shall pay an additional relocation assistance amount equal to one (1) times the Tenant's monthly Rent in effect when the Landlord served the notice to terminate the tenancy.
b. For purposes of this Subsection, Qualified Tenant means any Tenant who:
i. Is sixty-two (62) years of age or older, disabled, as defined in Section 12955.3 of the California Government Code or handicapped as defined in Section 50072 of the California Health and Safety Code;
ii. Has one or more dependent children under the age of eighteen (18) residing in the Rental Unit;
iii. Meets the income limits for a "lower-income household" as defined in California Health and Safety Code section 50079.5; or
iv. Has continuously resided in the Rental Unit for five (5) years or more.
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Exhibit 1 311
Ordinance No. 925
The Tenant shall notify Landlord within ten (10) days of receiving the termination of tenancy notice, if any of the Tenants living in the Rental Unit from which the Tenants are to be displaced includes a Qualified Tenant, along with any reasonable proof of eligibility.
3. Permanent relocation assistance payments must be paid directly to the Tenant.
a. If a Rental Unit is occupied by two (2) or more Tenants, then each Tenant of the Rental Unit shall be paid a pro-rate share of the relocation assistance payment.
b. Landlord shall pay one-half of the relocation assistance due no later than fifteen (15) days following service of the termination of tenancy and the balance due no later than five (5) business days after the Tenant has vacated the Rental Unit. If a Tenant fails to vacate after the expiration of the notice to terminate the tenancy, the actual amount of any relocation assistance provided pursuant to this Chapter shall be recoverable as damages in an action to recover possession.
B. Temporary Relocation Assistance. A Landlord must provide temporary relocation assistance to Tenants of a Rental Unit who are temporarily displaced due to repairs, rehabilitation of a Rental Unit, health and safety violations, or other work or activities that will make the Rental Unit an untenantable dwelling, as defined in California Civil Code Section 1941.1, or will expose the Tenant to toxic or hazardous materials, or that cannot otherwise be completed while the Tenant remains in the Rental Unit.
1. Thirty (30) Days or Less. A Landlord must provide the Tenant a per-diem payment if the Tenant will be temporarily displaced for thirty (30) days or less.
2. Thirty-One (31) Days or More. A Landlord must provide the Tenant either a per-diem payment or comparable temporary accommodations, if available. 36 of 48
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3. Per-Diem Payment.
a. Per-diem payment will be based on the Federal General Services Administration per-diem rate for lodging in the County of Los Angeles, which is updated on a yearly basis, unless otherwise agreed upon by the Landlord and Tenant, and may include any applicable transient occupancy taxes.
b. Upon mutual agreement by the Landlord and Tenant, per-diem payments may be paid directly to the Tenant, or in the event of a hotel, motel or short-term rental accommodations, directly to the hotel, motel or short-term rental.
4. Temporary Relocation Assistance payments will be made on a pro-rata basis to the eligible Tenant household.
5. Temporary Hotel or Motel Accommodation. If relocation is to a hotel or motel, the Landlord must provide a hotel or motel accommodation which is safe, sanitary, and unless otherwise agreed upon by the Landlord and Tenant, within a reasonable distance of the Tenant's Rental Unit.
6. The temporary displacement and relocation of a Tenant pursuant to this Section 5.63.040.I3 shall not terminate the Tenancy of the displaced Tenant.
The displaced Tenant shall have the right to reoccupy his or her Rental Unit upon the completion of the work necessary for the Rental Unit to comply with housing, health, building or safety laws or any government order and the Tenant shall retain all rights of Tenancy that existed prior to the displacement.
7. Nothing in this Section 5.63.040.I3 shall be construed as authorizing a Landlord to require a Tenant to vacate a unit, except as permitted under federal, state, or local law.
C. No Waiver. A Tenant cannot waive his or her right to receive relocation assistance required by this Chapter.
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Exhibit 1 313
Ordinance No. 925
D. Any action brought by a Tenant for a violation of this Section must be brought in a court of competent jurisdiction. No administrative remedy need be exhausted prior to filing suit pursuant to this Section.
5.63.050. Tenant Buyout Agreements.
A. Landlord's Disclosure Prior to Buyout Offer. At the time a proposed buyout agreement is provided, the Landlord shall provide each Tenant in the Rental Unit a written disclosure, on a form approved by the Department, in English and in the Tenant's primary language if other than English translated at the Landlord's expense, that shall include all of the following:
1. A statement that the Tenant has a right not to enter into buyout negotiations or a buyout agreement;
2. A statement that the Tenant may choose to consult with an attorney before entering into a buyout agreement;
3. A statement that the Tenant may rescind the buyout agreement for up to thirty (30) days after it is fully executed;
4. A statement that the Tenant may contact the Department for information about other buyout agreements in the Tenant's neighborhood and other relevant information;
5. Any other information required by the Department consistent with the purpose and provisions of this Section; and
6. A space for each Tenant to sign and write the date the Landlord provided the Tenant with the disclosure.
B. Requirement for Buyout Agreements. The buyout agreement shall:
1. Be in writing in English and the language in which the buyout agreement was negotiated if other than English translated at the Landlord's expense.
The Landlord shall give each Tenant a copy of the proposed buyout agreement at least forty-five (45) days before it is executed by the parties.
2. Include the following statement in bold letters in at least 12-point boldface type in close proximity to the space reserved for the signature of the Tenant:
38 of 48
Exhibit 1 314
Ordinance No. 925
a. "You may cancel this buyout agreement in writing at any time before the thirtieth (30th) day after all parties have signed this buyout agreement."
b. "You have a right not to enter into a buyout agreement." c. "You may choose to consult with an attorney before signing this buyout agreement. The City of Bell Gardens Community Development Department may also have information about other buyout agreements in your neighborhood."
C. Rescission of Buyout Agreement. A Tenant shall have the right to rescind a buyout agreement for up to thirty (30) days after its execution by all parties. In order to rescind a buyout agreement, the Tenant must hand-deliver, email, or send by certified mail return receipt requested, a statement to the Landlord indicating that the Tenant has rescinded the buyout agreement.
D. Filing of Buyout Agreement and Disclosure Notice. The Landlord shall provide the Tenant a copy of the fully executed buyout agreement within ten (10) days of execution. Landlord shall also file with the Department a copy of the executed buyout agreement, along with proof of service to the Tenant of the disclosure notice as required in this Section, within ten (10) days after the buyout agreement is executed by all parties.
5.63.060. Retaliatory Eviction and Anti-Harassment.
A. Retaliatory Eviction.
1. No Landlord may terminate a Tenancy or refuse to renew a Tenancy or otherwise cause a Tenant to vacate a Rental Unit, if the Landlord's intent in termination of the Tenancy or refusal to renew the Tenancy is retaliatory in nature, and if the Tenant is not in default as to the payment of Rent.
2. A Tenant may assert retaliation affirmatively or as a defense to the Landlord's action regardless of the period of time which has elapsed between the Tenant's assertion or exercise of rights under this Chapter and the alleged act of retaliation.
39 of 48
Exhibit 1 315
Ordinance No. 925
3. Retaliation against a Tenant because of the Tenant's exercise of rights under this Chapter is prohibited. Retaliation claims may only be brought in court and may not be addressed administratively. A court may consider the protections afforded by this Chapter in evaluating a claim of retaliation.
B. Anti-Harassment. No Landlord, or any person, acting as a principal or agent, offering a Rental Unit for Rent, or any contractor, subcontractor or employee of the Landlord shall, with respect to property used as a Rental Unit under any Rental Agreement or other lawful Tenancy, do any of the following:
1. Interrupt, terminate, or fail to provide Housing Services required by Rental Agreement or by federal, State, or local housing, health, or safety laws, or threaten to do so, or violate California Civil Code sections 789.3 and 1940.2;
2. Do any of the actions in bad faith:
a. Fail to perform repairs and maintenance required by Rental Agreement or by federal, State, or local laws;
b. Fail to exercise due diligence in completing repairs and maintenance once undertaken;
c. Fail to follow appropriate industry repair, containment, or remediation protocols designed to minimize exposure to noise, dust, lead, paint, mold, asbestos, or other building materials with potentially harmful health impacts;
d. Conduct elective renovation or construction of Rental Unit for the purpose of harassing a Tenant;
e. Refuse to acknowledge or accept receipt of a Tenant's lawful Rent payment as set forth in a Rental Agreement, by usual practice of the parties, or in a notice to pay Rent or quit;
f. Refuse to cash or process a rent check or other form of acceptable Rent payment for over thirty (30) days after it is tendered; g. Fail to maintain a current address, in addition to any electronic payment methods, for delivery of Rent payments;
40 of 48
Exhibit 1 316
Ordinance No. 925
h. Request information that violates a Tenant's right to privacy, including, but not limited to, residency or citizenship status, protected class status, or social security number, except as required by law or in the case of a social security number, for the purpose of determining the Tenant's qualifications for a Tenancy;
i. Release information protected by the Tenant's right to privacy except as required or authorized by law; or
j. Request or demand an unreasonable amount of information from Tenant in response to a request for reasonable accommodation.
3. Abuse the right of access into a Rental Unit as established by California Civil Code section 1954 or other applicable law. This includes, but is not limited to, entries for inspections that are not related to necessary repairs or services; entries that are unreasonable in frequency or duration; entries that improperly target certain Tenants or are used to collect evidence against the occupant or otherwise beyond the scope of an otherwise lawful entry.
4. Influence or attempt to influence a Tenant to vacate a Rental Unit through fraud, misrepresentation, intimidation or coercion, which shall include threatening to report a Tenant to the United States Department of Homeland Security.
5. Threaten the Tenant, by word or gesture, with physical harm, or repeatedly mistreat an occupant of a Rental Unit during in-person conversations, through social media postings or messages, or other communications, with language, verbal or written, that a reasonable person would consider likely to cause fear or provoke an immediate violent reaction.
6. Violate any law which prohibits discrimination based on race, gender, sexual preference, sexual orientation, ethnic background, nationality, religion, age, parenthood, marriage, pregnancy, disability, human immunodeficiency virus (HIV)/ acquired immune deficiency syndrome (AIDS), occupancy by a minor child, or source of income. 41 of 48
Exhibit 1 317
Ordinance No. 925
7. Take action to terminate any Tenancy including service of any notice to quit or other eviction notice or bring any action to recover possession of a Rental Unit based upon facts which the Landlord has no reasonable cause to believe to be true or upon a legal theory which is untenable under the facts known to the Landlord. No Landlord shall be liable under this Subsection for bringing an action to recover possession unless and until the Tenant has obtained a favorable termination of that action.
8. Remove from the Rental Unit personal property, furnishings, or any other items without the prior written consent of the Tenant, except when done pursuant to enforcement of a legal termination of Tenancy.
9. Provide false written or verbal information regarding any federal, State, or local Tenant protections, including mischaracterizing the nature or effect of a notice to quit or other eviction notice.
10.Offer payments to:
a. A Tenant to vacate, including a Buyout Agreement offer, more frequently than once every six (6) months, after the Tenant has notified the Landlord in writing that the Tenant does not desire to receive further offers of payments to vacate.
b. Attempt to coerce the Tenant to vacate accompanied with threats or intimidation. This shall not include settlement offers in pending eviction actions made in good faith and not accompanied with threats or intimidation.
11. Interfere with a Tenant's right to quiet use and enjoyment of a Rental Unit as that right is defined by law.
12.Commit repeated acts or omissions of such significance as to substantially interfere with or disturb the comfort, repose, peace, or quiet of any person lawfully entitled to occupancy of such Rental Unit and that cause, are likely to cause, or are intended to cause any person lawfully entitled to occupancy of a Rental Unit to vacate such Rental Unit or to surrender or waive any rights in relation to such occupancy.
42 of 48
Exhibit 1 318
Ordinance No. 925
13. Interfere with the right of Tenants to organize as Tenants and engage in concerted activities with other Tenants for the purpose of mutual aid and protection; provide property access to tenant organizers, advocates, or representatives working with or on behalf of Tenants living at a property; convene tenant or tenant organization meetings in an appropriate space accessible to Tenants under the terms of their Rental Agreement; or distribute and post literature in common areas, including lobby areas and bulletin boards, informing other Tenants of their rights and of opportunities to involve themselves in organized tenant activities.
C. Remedies and Penalties. For the purposes of this Section
1. If any Landlord or any person, acting as a principal or agent, offering a Rental Unit for rent, or any contractor, subcontractor, or employee of the Landlord violates the terms of this Section, an aggrieved Tenant may institute a civil action, as allowed under Section 5.63.100, for injunctive relief, direct money damages, and any other relief that the court deems appropriate.
2. The above remedies are not exclusive and do not preclude any Tenant from seeking other remedies or penalties provided by this Chapter or applicable law. No administrative remedy need be exhausted prior to filing suit pursuant to this Section.
5.63.070. Notices to Tenants.
A. Mandatory Notices to Tenants. Landlords must provide to each Tenant, prior to, or at the time of agreeing to rent or lease a Rental Unit, a notice of Tenant rights under this Chapter. The Department shall publish a form notice of Tenant rights in English and other frequently spoken languages. Landlords must provide the form notice in the following circumstances.
1. When entering into a Rental Agreement, by including a copy of the form notice as an exhibit or attachment to the written Rental Agreement;
2. When renewing a Rental Agreement; and
43 of 48
Exhibit 1 319
Ordinance No. 925
B. If the Rental Agreement is negotiated or written in a language other than English, the Landlord must also provide the form notice of Tenant rights in English and the language in which the Rental Agreement was negotiated or written.
5.63.080. Enforcement.
A. Enforcement Authority. The Department is authorized to take appropriate steps it deems necessary to administer and enforce this Chapter.
B. The Director of the Department, or designee, may develop and publish procedures and guidelines to aid in the implementation of this Chapter.
5.63.090. Administrative Citations.
A. Administrative Citation. Any Landlord or Tenant who violates any provision of this Chapter, or Department's procedures and guidelines, is subject to an administrative fine as set in a schedule of fines adopted by resolution by the city council as provided in Chapter 1.16 of the Code.
B. Remedies are Cumulative. Each day that a violation continues shall constitute a separate and distinct offense forwhich an administrative fine may be imposed. The remedies set forth in this section are cumulative and in addition to any other penalty provided by law, including any remedies which may be sought in a civil action. The provisions of this Chapter shall not be construed as limiting any party's right to obtain relief to which he or she may be entitled at law or in equity.
C. Notices of Violation and Administrative Fine. If the Department determines that a Landlord or Tenant has violated this Chapter, the Department may issue notices of violation and administrative fine in accordance with the authority and procedures set forth in Chapter 1.16 of the Code.
D. Administrative Appeals and Judicial Review.
1. Administrative Appeal. Any Landlord or Tenant who receives a notice of administrative fine may request an administrative hearing before a hearing officer in accordance with Chapter 1.16 of the Code.
44 of 48
Exhibit 1 320
Ordinance No. 925
2. Judicial Review of Hearing Officer Decision. Any Landlord or Tenant may seek judicial review of a hearing officer's decision pertaining to the imposition of an administrative fine in accordance Chapter 1.16 of the Code.
5.63.100. Remedies.
A. Civil Liability. Any Tenant, or any other person or entity acting on behalf of the Tenant who will fairly and adequately represent the Tenant's interest, including the City, is authorized to bring a civil action and/or proceeding in a court of competent jurisdiction for violation of this Chapter, for civil penalties, injunctive, declaratory and other equitable relief, restitution and reasonable attorneys' fees and costs and may take such other steps as necessary to enforce this Chapter. The court may award reasonable attorneys' fees and costs to a Landlord who prevails in any such action if the court determines that the Tenant's action was frivolous.
B. Civil Penalty. Any person violating any of the provisions, or failing to comply with any of the requirements of this Chapter, may be liable for a civil penalty not to exceed One Thousand Dollars ($1,000) for each violation.
C. Criminal Penalty. Any person violating any of the provisions or failing to comply with any of the requirements of this Chapter, shall be guilty of a misdemeanor and punished by a fine of not more than One Thousand Dollars ($1,000), or by imprisonment in the county jail for a period of not more than six (6) months, or by both.
D. Defense to Eviction. A Tenant may assert as an affirmative defense a Landlord's failure to comply with the provisions of this Chapter in any action by a Landlord to recover possession of a Rental Unit.
E. Each violation of any provision of this Chapter, and each day during which any such violation is committed, permitted or continued, shall constitute a separate offense.
F. The above remedies are not exclusive and do not preclude the City or any Tenant from seeking other remedies or penalties provided by applicable law. 45 of 48
Exhibit 1 321
Ordinance No. 925
5.63.110. Waiver. Any waiver of rights under this Chapter shall be void as contrary to public policy.
5.63.120. Severability. If any provision of this Chapter or the application thereof to any person, property, or circumstance, is held invalid, such invalidity shall not affect other provisions or applications of this Chapter that can be given effect without the invalid provision(s) or application, and to this end, the provisions of this Chapter are declared to be severable.
SECTION 4. Inconsistent Provisions. Any provision of the Bell Gardens Municipal Code or appendices thereto that conflicts with the provisions of this 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 5. Severability. If any section, subsection, sentence, clause, or phrase of this 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 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 6. Compliance with California Environmental Quality Act. The City Council finds that this Ordinance 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.
46 of 48
Exhibit 1 322
Ordinance No. 925
SECTION 7. 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, subsections, subdivisions, sentences, clauses, phrases, or portions might subsequently be declared invalid or unconstitutional.
SECTION 8. 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.
This Ordinance shall become effective thirty (30) days after the date of its adoption.
PASSED, APPROVED, AND ADOPTED this 12t" day of September 2022.
THE CITY OF BELL GARDENS
Maria Pulido, Mayor
APPROVED AS TO FORM: ATTEST:
Rick Olivarez Daisy Gomez
City Attorney City Clerk
47 of 48
Exhibit 1 323
CITY OF BELL GARDENS
OFFICE OF THE CITY MANAGER
u
m
AG E N DA RE P O RT
Item 11.
TO: Honorable Mayor and City Council Members
FROM: Michael B. O'Kelly, City Manager
BY: Manuel Carrillo, Director of Finance &Administrative Services Patricia Ahumada, Human Resources Manager
SUBJECT: CLAIM REJECTION
DATE: September 12, 2022
RECOMMENDATION:
It is staff's recommendation that the City Council reject the following claims and the claimants and/or their representatives be notified:
• Alma Leticia Ahumada v. City of Bell Gardens (DOE 3/15/2022; DOR 8/1/2022) • Carlos Lazo v. City of Bell Gardens (DOE 5/14/2022; DOR 5/19/2022) The City's general liability claims administrator, Carl Warren & Company, recommends that these claims be rejected. The claimants, subject to certain exceptions, shall have up to six (6) months to file a court action subsequent to the City Council's rejection.
BACKGROUND/DISCUSSION:
The City Clerk's Office received the claims and City staff directed the claims to the City's general liability claims administrator Carl Warren & Company for processing, review, and investigation.
CONCLUSION:
After carefully reviewing and investigating the claims, Carl Warren & Company and City staff determined that the City is not liable for the claims and recommend rejection.
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 324
CITY OF BELL GARDENS
OFFICE OF THE CITY MANAGER
m
AG E N DA RE P O RT
Item 12.
TO: Honorable Mayor and City Council Members
FROM: Michael O'Kelly, City Manager
BY: Daisy Gomez, City Clerk
SUBJECT: LOCAL COMMISSIONS APPOINTMENT LIST
DATE: September 12, 2022
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.
BACKGROUND/DISCUSSION:
The Local Appointments List includes all Bell Gardens Commissions and Commissioners. The City Council adopted Ordinance No. 825 on July 13, 2009 establishing minimum requirements for service on commissions. All Commissioners must reside within the City of Bell Gardens and may only serve on one Commission at a time. Once appointed, each Commissioner must adhere to the requirements of the City's Conflict of Interest Code and state- mandated AB 1234 ethics training and AB 1661 harassment training.
Ordinance No. 825 allows each Council Member to remove or appoint one candidate per Commission, subject to the approval of the Council majority. Appointed Commission Members serve terms that coincide with the term of the Council Member who made the appointment.
Pursuant to California Government Code Section 54974 any special vacancy that have occurred have been posted for at least 10 working days and is eligible for appointment by corresponding Council Member:
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CONCLUSION:
After an appointment is made, Commission members will receive their Oath of Office and will begin service with their respective Commission at the next regularly scheduled Commission meeting. The City Clerk's Office will arrange for the proper filing of Conflict of Interest Code forms and schedule AB 1234 and AB 1661 training.
FISCAL IMPACT:
No fiscal impact.
ATTACHMENTS:
325
Exhibit 1 - Commissioner Roster
Exhibit 2 - Notice of Unscheduled Vacancy_Senior Citizen Commission 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 326
CITY OF BELL GARDENS
ROSTER OF CITY COMMISSIONS
Updated: 8/18/2022
NAME APPOINTED BY APPOINTMENT DATE
77 Miguel Flores Chavez 3/22/2021
Kristina Paulo Barcena 9/14/2020
Oscar Boado Jr. Cortez 10/12/2020
Jonathan Herrera Flores 9/27/2021
Francis De Leon Sanchez Pulido 1/11/2021
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Miguel De La Rosa Chavez 1/11/2021
Andrew Leon Barcena 12/14/2020
Alexander Villalobos Cortez 2/11/2019
Dianne Flores Flores 4/8/2019
Tony Rivera Pulido 1/11/2021
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Tiara Solorzano Chavez 1/25/2021
Isabel Duron Barcena 8/8/2022
Carmen Vargas Cortez 9/14/2020
Laura Cortez Flores 4/12/2021
VACANT Pulido
VACANT Chavez
Ana Maria Sanchez Flores Barcena 9/27/2021 Tiffany Quintero-Maldonado Cortez 1/25/2021
VACANT Flores
VACANT Pulido
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Carlos Jose Barrera Chavez 1/11/2021
David Edward Heredia Barcena 1/14/2019
Raul Velasco Cortez 9/14/2020
Amy Sanchez Flores 4/11/2022
Jayson Gavilanes Pulido 1/11/2021
Exhibit 1 327
City of Bell Gardens
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An unscheduled vacancy exists on the:.
SENIOR CITIZEN COMMISSION
Pursuant to Section 54974 of the California Government Code, NOTICE IS HEREBY GIVEN that an unscheduled vacancy has occurred on the Bell Gardens Senior Citizen Commission as of July 9 2022. The unexpired term will end December 2022.
Applicants must be a registered voter and resident of the City of Bell Gardens. No person previously convicted of a felony in this state or elsewhere shall be permitted to serve on any City commission. Any member of a commission shall be deemed to have resigned from the commission, and his or her office as a member of the commission shall automatically vacated, in the event the member ceases to be a resident of the City or is convicted of a felony. (Bell Gardens Municipal Code Sections 2.68.030, 2.28.030, 2,22.030, 2.35.030) Appointment to fill the position will be made by the Bell Gardens City Council. Residents interested in being consider for said position should complete and submit a Gcrniii a s�AA)n iir ices,, �mmMp icabo to the City Clerk's office, 7100 Garfield Ave, Bell Gardens, CA 90201.
Applications will be accepted in the City Clerk's Office on a continuous basis until an appointment is made.
A �"o�inu iii siorr rSerif'i cati ri may be obtained from the City of Bell Gardens website at! !,.zIl� dp!j� or at the City Clerk's Office at City Hall. Please call the City Clerk's Office at (562) 806-7705 for more information.
This notice was duly posted no later than 20 days after the vacancy occurred as required by law. Final appointment to the Senior Citizen Commission shall not be made by the City Council for at least ten (10) working days after posting of this notice. An appointment can be made after JuIv 28 ,2022,
Vail O' M
Vanessa t uiroz, Vcting City Clerk
Posted Ju9y 'I , 2022'
CITY OF BELL GARDENS
OFFICE OF THE CITY MANAGER
u
m
AG E N DA RE P O RT
Item 13.
TO: Honorable Mayor and City Council Members
FROM: Michael B. O'Kelly, City Manager
BY: Chief Scott Fairfield
SUBJECT: DISCUSSION ON NARCOTICS ENFORCEMENT/STATISTICS AND BGPD'S NARCAN
PROGRAM
DATE: September 12, 2022
RECOMMENDATION:
It is staff's recommendation that the City Council by motion receive and file this report.
BACKGROUND/DISCUSSION:
The Bell Gardens Police Department ("BGPD") monitors, analyzes, and addresses national, state and local crime trends. In addition, BGPD leadership attends conferences, training, working groups, and conducts research to help identify current and emerging crime trends in an effort to best serve and protect our community.
BGPD, over the past several years, has emphasized narcotic-related crimes to protect our community members from the horrors of addiction, overdoses, and the overall crime that is often the result of drug use and addiction.
In late 2020 we noticed that drug seizures, drug use, and drug overdoses were increasing at a noticeable and alarming rate. Based on this information, BGPD remained steadfast in our commitment to enforce narcotics laws in our city even though the District Attorneys Office refused to file charges in most cases due to DA Special Directive 20-007.
BGPD also worked with our schools and community partners to educate our residents on the dangers of drugs. In addition we investigated and arrested those individuals profiting from flooding our communities with these dangerous drugs.
BGPD Detectives are working with DEA teams and ODMAP to train and assist us with tracking and investigating individuals who poison our residents by providing them with dangerous and often counterfeit drugs containing the deadly narcotic fentanyl. Lastly, in 2018, we implemented our NARCAN program in an effort to potentially save the lives of those suffering from opioid induced overdoses and have recently expanded the program to make it available to other city departments and employees.
CONCLUSION:
The changing philosophies of politicians and the public regarding narcotics enforcement and punishment have caused police departments across the state to rethink our strategies. Unfortunately, it has made narcotic enforcement more challenging than ever.
The challenge moving forward will be to build new partnerships with non-profit organizations, diversion programs, and stakeholders to develop programs that focus on awareness, treatment and, rehabilitation while ensuring that those 329
who choose to victimize our community and young adults are held accountable.
The Bell Gardens Police Department will continue working with our schools, youth groups and collaborating with local, state, and federal partners to impact drug use in our city. Our goal is to reduce narcotics sales, narcotics use, and overdoses while balancing the rights of those addicted to narcotics and the residents impacted by the flood of illegal drugs into our communities.
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 330