Exhibit 2 170
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Proposals may not be withdrawn after the proposal closing date and each Consultant agrees to this stipulation upon submittal of its proposal.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 2 171
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 2 172
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 remediation 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 remediation of the Site for purposes of residential development, including-
1. Identify and discuss data gaps in site investigation work completed to date and develop a preliminary scope of work and budget to address each date gap identified.
2. Participate in a site visit with DTSC and RWQCB representatives to understand site access constraints and limitations.
3. Prepare a Remedial Action Plan (RAP) to describe the proposed remedial actions and any proposed additional characterization work needed to address data gaps and allow refinement, planning, and design of the remedial actions.
4. Assist with public outreach (and possible California Environmental Quality Act [CEQA] requirements).
5. Prepare design documents and plans and procure subcontractors.
Exhibit 2 173
6. Obtain permits and approvals.
7. Prepare final report.
Factors for consideration:
1. Site remediation activities are subject to California prevailing wage determination.
2. DTCS indicated payment term to the City are 90 days.
3. Proposed respondent subcontractors will be selected based on competitive bids and qualifications.
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:
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
Exhibit 2 174
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 services 1 - 4 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 description of all the consultant's exceptions to the provisions and conditions of the attached City contract.
Exhibit 2 175
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 remediation and administration services
• Minority Ownership/Employment as defined by the County of Los Angeles Community Development Authority and HUD
• Cost and pricing and City's agreement with the consultant's proposed revisions to the City contract
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 2 176
EXHIBIT "B"
CONSULTANT PROPOSAL
Exhibit 2 IF
wood.
3560 Hyland Avenue,Suite 100
Costa Mesa,California 92626
USA
T:949-642-0245
August 15, 2022 www.woodpic.com
22PROPGOVT.0282
City Clerk's Office
Attention: Ms.Vanessa Quiroz,Acting City Clerk
ECRG/ENV RFP Response
City of Bell Gardens
7100 Garfield Avenue
Bell Gardens,CA 90201
Subject: Proposal for Equitable Community Revitalization Grant Environmental Remediation Consultation
5600-5636 Shull Street
Former Berk Oil Site
Dear Ms. Quiroz,
The former Berk Oil site has long been a focus for environmental investigation, remediation,and redevelopment planning.
Since 2011,Wood Environment& Infrastructure Solutions, Inc. has worked hand-in-hand with the City of Bell Gardens (City) and the Department of Toxic Substances Control (DTSC)to characterize the site conditions and make recommendations for site cleanup.The Equitable Community Revitalization Grant(ECRG) given to the City by DTSC will further the progress of cleaning the site for future redevelopment.Wood is here to help the City utilize the funds as efficiently as possible and meet the tight schedule of June 29,2024.
Enclosed, please find two bound and one unbound copy of our proposal for this effort.We emailed an electronic version to the addresses noted in the City's Request for Proposal (RFP).
We are here to help the City with this challenging site and look forward to our continued relationship.Should you have any questions, please contact Joe Bande, PG,our proposed project manager,at(949) 642-0245.
Sincerely,
F• Reviewed by:
4�7
Joseph Bande, PG 7058 Craig Stewart, PG 4087,CHG 106,CEG 1277 Principal Geologist Principal Hydrogeologist
i_MARKET\Proposals\2022 Proposals\22PROPGOVT.0282\Cover Letter.docx\TAN Attachment: Proposal for Environmental Remediation Consultation for Former Berk Oil Site ood'is a trading name for John Wood Group PLC and its subsidiaries Exhibit y 178
Ms.Vanessa Quiroz,Acting City Clerk
City of Bell Gardens
August 15,2022
The information contained in all pages of this Proposal shall not be used in whole or in part for any purpose other than to evaluate this Proposal.
Provided a Contract is awarded to this offer,as a result of or in connection with the submission of such information,City of Bell Gardens shall have the right to duplicate, use,or disclose the information to the extent provided in the resulting Contract. This restriction does not limit City of Bell Gardens'right to use information contained in this Proposal if it is obtained from another source without restriction. The information subject to this restriction incorporates the entire Proposal.
As a global business operating in a transparent and ethical manner, we respect the privacy rights of individuals and are committed to handling personal information responsibly and in accordance with applicable law. The Client acknowledges that Wood's proposal might contain CVs and personal data of individuals. Wood expects the Client to use these data for the sole purpose of the evaluation of Wood's proposal and in strict accordance with the requirements of the EU General Data Protection Regulation(GDPR).In particular, the Client(i)will not share the personal data received from Wood with any third party,(ii)will take appropriate technical and organizational measures to protect such personal data, which will be accessible,in order to ensure the necessary level of security,only to Client's personnel who have a need to review the data to evaluate Wood's bid,and(iii)will immediately destroy any personal data received by Wood in the event that the Contract is eventually not awarded to Wood.
Exhibit 2 179
Proposal
Environmental Remediation Consultation for Former Berk Oil Site Table of Contents
1.0 Technical Proposal............................................................................................................ 2
1.1 Executive Summary...........................................................................................................................2
1.2 Approach to Scope of or ............................................................................................................3
1.3 Scope of or Tasks.........................................................................................................................3
1.4 Project Timeline.................................................................................................................................9
2.0 Management and Staffing ............................................................................................. 11
2.1 Project Manager............................................................................................................................. 11
2.2 Lead Engineer................................................................................................................................. 12
2.3 Technical Review............................................................................................................................ 12
2.4 Task Leads....................................................................................................................................... 12
3.0 Prior Related Firm Experience........................................................................................ 15
4.0 Cost and Pricing ..............................................................................................................20
5.0 Additions or Exceptions.................................................................................................. 23
1 Proposal
Environmental Remediation Consultation for Former Berk Oil Site
1.0 Technical Proposal
On behalf of the City of Bell Gardens (City), the Wood Environment & Infrastructure Solutions, Inc. (Wood) team of highly qualified staff has worked together with the State of California Department of Toxic Substances Control (DTSC), the United States Environmental Protection Agency (EPA), and the National Development Council (NDC) to provide environmental technical support services at the former Berk Oil and Pacific Metal Craft (PMC) site (site or subject property) since 2011.
No other consulting firm has more hands-on, direct experience in understanding and evaluating site conditions, identifying and addressing environmental data gaps, and evaluating work necessary to prepare the site for redevelopment.The key technical staff identified in this submittal include the primary authors of the Revised Supplemental Site Assessment and Human Health Risk Assessment Report (SSA Report) dated July 13, 2022, which forms the basis of proposed site remediation to allow for mixed use (commercial/industrial and residential) redevelopment of this idle and unproductive property in the City.
Wood has a solid understanding of the site work to be conducted under the City's Equitable Community Revitalization Grant (ECRG) being administered by DTSC. We have provided services to State agencies under similar contracts, which have included adherence with grant reporting requirements and compliance with small businesses and disadvantaged business enterprises. Our work on previous grant- funded projects has also included soliciting subcontractor services under California prevailing wage determinations. Our submittal, prepared in response to the City's Request for Proposal (RFP), is organized as follows:
Section 1 describes our project approach, management of ECRG tasks, and roadmap to project success.
Section 2 identifies key Wood staff resources and describes their anticipated project roles and relevant experience.
Section 3 describes four projects Wood has completed involving working with State regulators under grant funding. These projects have involved preparation of remediation planning and contracting documents (including public outreach and selection of qualified subcontractors) and eventual site closure/redevelopment.
Section 4 provides our proposed staffing rates and a cost estimate based on experience working with California regulators at similar sites.
Section 5 notes any exceptions or additions to the City's contract.
Wood is prepared to begin ECRG implementation upon the City's authorization.
In 2022, Wood completed the SSA Report, which summarized historical and recent investigation results, included a human health risk assessment (HHRA), and proposed remedial actions intended to allow for unrestricted reuse of the former Berk Oil site. The proposed remedial actions included removal of shallow soils containing lead or benzo(a)pyrene (BaP) at concentrations exceeding residential cleanup goals. The SSA also noted that some form of vapor intrusion (VI) mitigation likely would be needed as part of site Exhibit 2 181
Proposal
Environmental Remediation Consultation for Former Berk Oil Site redevelopment due to the presence of volatile organic compounds (VOCs) in soil gas at concentrations exceeding potentially applicable screening levels. Such mitigation might include vapor barriers and/or sub-slab venting beneath new buildings and would involve long-term operation, maintenance, and monitoring (OM&M) to verify the effectiveness of the measures. Other alternative VI mitigation measures were presented including focused soil vapor extraction (SVE) or alternative construction methods (e.g., raised building foundations or below-grade parking).While these measures were discussed with DISC staff, staff from the California Regional Water Quality Control Board (RWQCB) now overseeing the site work under the ECRG may have other requirements for site redevelopment.
Wood is ready to assist the City with continued environmental investigation, remediation planning, and remedy implementation to support the City's plans for site redevelopment. Our proposed approach and scope of work are described in the following subsections. 1,2 A Illu,u III a ui a i.I c III i t a S c a III a e mull" W a uii Ilk Scheduling will be a key component to the successful implementation of ECRG activities due to the short duration of the ECRG (which expires June 29, 2024). Because the RWQCB is new to the site, Wood's historical knowledge and firsthand experience with site conditions will be extremely important when addressing the RWQCB's questions and requests and in keeping their focus on site remediation and closure.
Another key component to the successful implementation of ECRG activities is availability of a highly qualified and experienced project team with available resources to implement ECRG-funded activities within the available schedule.As described in this proposal, our approach to successful project completion involves identifying and assigning technical staff with previous experience at the site and/or with successful experience with similar projects.
1 3 Sc 1°I mie m,,oi wou[['„Ills n1^.Ills^
This section describes the scope of work Wood expects to complete for the project. Subsections 1.3.1 through 1.3.7 describe how we plan to accomplish Tasks 1 through 7 listed in the RFP. Based on data collected to date and presented in the SSA Report, we expect site remediation will include excavation and off-site disposal of shallow soil impacted by lead and/or BaP, which will provide conditions suitable for unrestricted site use in relation to soil.The SSA Report recommended installation of vapor barriers and sub-slab venting systems beneath new buildings with slab-on-grade construction to mitigate VI concerns associated with VOCs in soil gas. The RWQCB has provided preliminary input that it may require SVE or other more active form of VI mitigation prior to site redevelopment. Based on initial discussion with the RWQCB and depending on the results of Tasks 1 through 3 below, site remediation may also include design, construction, and Operations, Maintenance & Monitoring (OM&M) of an SVE system to reduce concentrations of VOCs in soil gas prior to redevelopment. Remedy performance monitoring and verification (SVE system monitoring and rebound testing, and/or monitoring of any long-term VI mitigation measures) will likely be required and may extend beyond the period of grant funding availability.
In addition to the specific tasks outlined in the RFP, our experience with similar projects indicates other tasks will become necessary during the project. Potential additional information requirements from the RWQCB are discussed at the end of this section.
Exhibit 2 182
Proposal
Environmental Remediation Consultation for Former Berk Oil Site
1.3.1 Task 1 - Data Gap Identification
This task will involve review of available site information in context of the City's redevelopment goals and plans and identification of data gaps that will need to be addressed prior to or along with site redevelopment. Based on information summarized in the SSA Report and on input provided to date by the RWQCB, we have identified two general data gap categories.
The first category comprises data gaps with a direct bearing on short-term remedy selection and design.
These are data gaps that need to be addressed to support final selection, design, and implementation of remedial actions to enable redevelopment of the site. Data gaps identified in this category include the:
• Lateral and vertical extent of shallow soil containing lead or BaP at concentrations exceeding residential cleanup goals in a few specific areas of the site • Chemical and physical characteristics of material used to backfill prior excavations at the site and its potential impact on site redevelopment plans
• Impact of current soil vapor conditions on site development plans (VI concerns) These remedy selection and design data gaps will be evaluated and addressed during Tasks 2 and 3 described below.
The second category comprises data gaps that will need to be addressed to complete site characterization to support decisions regarding whether longer-term monitoring or management of site conditions will be necessary. Based on initial input from the RWQCB, we have identified current groundwater conditions as a data gap in this category. Based on that input, we anticipate additional data will be needed to characterize the:
• Current soil vapor conditions at depths greater than previously sampled • Presence and extent of shallow/perched groundwater beneath the site • Presence and concentrations of VOCs in shallow/perched groundwater and the next deeper (regionally extensive) groundwater zone
• Potential presence and concentrations of total petroleum hydrocarbons (TPH) in groundwater because of historical site activities and/or of known release of petroleum products at the nearby Vinvale Terminal
These site characterization data gaps will involve field investigation and laboratory analysis pursuant to an RWQCB-approved work plan to obtain additional data to characterize soil, soil gas, and groundwater conditions at the site.The scope of work for this task will be defined in part based on the discussions with the RWQCB in Task 2 described below. Some of the data collected as part of this task may be used during remedy selection and design.
1.3.2 Task - Interaction with DTSC/RWQCBe r in r ject Site This task will include participation in a site visit with DTSC and RWQCB staff and initial interaction with RWQCB personnel as they become more familiar with project history, available data, and overall site conditions.This task will also include initial discussion with RWQCB staff of data gaps and proposed additional work discussed during Task 1.
Exhibit 2 183
Proposal
Environmental Remediation Consultation for Former Berk Oil Site
1.3.3 Task 3 - Preparation
Wood has prepared numerous Remedial Action Plan (RAPs) and other remedy selection documents under RWQCB, DISC, EPA Brownfields, and other regulatory programs. For this project, Wood will consider applicable RWQCB requirements and relevant guidance documents to tailor and prepare a RAP for project-specific conditions.Although for some projects a feasibility study (FS) may be prepared as a separate document to support remedy evaluation and selection prior to a RAP, we expect that the RWQCB will agree these steps can be combined into a single document (RAP) to expedite work within the period of grant funding availability.
For this project, our familiarity with site conditions and information in the SSA Report indicate that excavation and off-site disposal of soil likely will be a preferred remedy for shallow soil impacted by lead or BaP, and SVE or a similar method likely will be the preferred remedy for VOCs in soil gas. Excavation and SVE are both considered "presumptive remedies" by the EPA and other regulatory agencies.As such, they can be selected for use in a project without the level of detailed analysis and justification that may be required for other technologies. We have used this "presumptive remedy" approach on other projects with the RWQCB and expect to follow a similar approach to streamline the RAP for the site.
We anticipate the RAP will be submitted for public review after the RWQCB's initial review (see Task 4 below). The RAP will be considered "final" once the public review processes is complete, after which implementation of the proposed remedy can begin.
1.3.4 Task 4 - Public Outreach Assistance
Public outreach through DTSC and RWQCB is an integral part of the State's efforts to investigate and clean up hazardous waste sites throughout California. Clear concise documents are essential to establishing a two-way communication process between state agencies and the public.Wood has a great deal of experience in assisting in the preparation of public outreach documents, including those required under the California Environmental Quality Act (CEQA).
Upon RWQCB approval, the draft RAP will be submitted for public review. Based on our previous experience providing public outreach assistance to DTSC or the RWQCB, Wood anticipates that the public participation documents for the project will include:
• Community Survey
• Fact Sheets
Wood will retain Printing Resources, a third-party vendor, to develop a mailing list of local community members in the site area, and elected officials and other mandatory organizations.A community survey and fact sheet will be provided to individuals and businesses within a '/4-miles radius of the site in both English and Spanish. Following the typical 30-day public review period, Wood will assist the RWQCB with preparation of a Response to Comments letter. The Response to Comments letter will be returned to all individuals/organization that provided comments on the draft RAP.
Depending on the number of public comments received and the level of public support for site redevelopment, the RWQCB may choose to hold a public meeting or community workshop to solicit additional feedback from the community. Although Wood does not anticipate this level of effort will be needed, our team also has experience in meeting with and presenting to community members and elected officials in both informal and more formal settings and has participated in outreach efforts in low- ®
Exhibit 2 184
Proposal
Environmental Remediation Consultation for Former Berk Oil Site income communities with environmental justice concerns.
Following completion of public outreach efforts, the RAW will be revised to incorporate RWQCB changes and subsequently considered a "final" document, allowing Wood to begin Task 5 activities noted below.
1.3.5 Task - Prepare Design Documents and Plans, and Procure Subcontractors Wood has strong in-house capabilities for design of excavations and soil, soil gas, and groundwater remediation systems. Our experienced design staff represent civil, geotechnical, chemical, and environmental engineers who incorporate input from other disciplines (such as mechanical, structural, and electrical engineering, hydrology, and geology) where needed.
Following RWQCB approval of the "final" RAP, Wood will begin preparing design documents and plans to support soil excavation activities and construction and operation of VI barriers and/or SVE (depending on the final selected remedy for VOCs in soil gas). Implementation of the selected remedy will consist of several phases, including design, construction, start-up, OM&M, post-remediation monitoring, decommissioning, and restoration. Preliminary (30%), intermediate (60%), and pre-final (90%) plans will be prepared for review. The Final Design is a culmination of the 30%, 60%, and 90% plans, and contains final design, details, drawings, specifications, and appendices for remedy implementation.Appendices will include:
• Quality Assurance/Quality Control (QA/QC) Plan
• Air/Dust Monitoring and Mitigation Plan
• Decontamination Plan
• OM&M Plan
• Soil Management Plan
Engineering and design documents will be checked, reviewed, and signed by the licensed civil engineer in responsible charge. Mechanical, structural, and electrical engineers will all stamp their respective drawings, where present.
Concurrent with preparing design documents and plans, Wood's construction management services can also assist the City with preparation of bid specifications, bid evaluation, and contractor selection and procurement. Selection of remediation subcontractors is open to competitive bid pursuant to ECRG requirements.Wood will prepare standard specifications that will encourage open and reasonable competition by establishing measurable project performance and quality levels (e.g., detailed list of characteristics, such as: sizes, physical dimensions, weights, types and grades of materials, standard of workmanship, basic design).The selected remediation contractor(s)will assist Wood with obtaining permits (Task 6) and preparing additional supporting documents, such as traffic control, air monitoring, and health and safety plans. Further, the contractor will demonstrate compliance with State regulations for working with lead impacted soil (hazardous waste management) before remediation activities begin.
1.3.6 Task - Obtain Permits and Approvals
Most engineering plans and specifications must obtain appropriate permits and agency approvals before subsurface disturbance or construction of remediation systems can begin.A grading and trenching permit will likely be necessary from the City and the California Occupational Safety and Health Administration (Cal/OSHA) before remedial excavation of contaminated soil and placement of engineered fill begins.
Permits anticipated for installation and operation of an SVE system, include:
Exhibit 2 185
Proposal
Environmental Remediation Consultation for Former Berk Oil Site • Building permits, which will cover grading, trenching, electrical installation, and building construction • Encroachment permits for any road crossings
• Drilling permits for SVE wells
• Electrical engineering plans to apply for new electrical service • A South Coast Air Quality Management District (SCAQMD) permit to construct/operate for discharge of treated soil gas from the granular activated carbon vessels to the atmosphere Agency approvals associated with design and construction planning may include coordinating the remediation system layout, work areas, and work schedules to accommodate community limitations.
Design and construction plans will also need to consider proposed property redevelopment plans from the City and/or builder. A process hazard analysis will be performed to evaluate potential process hazards and propose recommendations for managing risks associated with those hazards. Wood can assist the City with managing any system installation, beginning with preparation of initial permit applications (SCAQMD and appropriate local agencies such as County Building, Planning, Health, and Fire Departments) through contractor selection, construction observation and project coordination, inspection, and start-up. Once a system is constructed and operational, Wood can assist with OM&M, performance monitoring, optimization, and verification and reporting of results.When the system has achieved its intended results, we can provide decommissioning and site restoration as needed and will prepare completion documents and final report(s) as described for Task 7.
1.3.7 Task 7 - Prepare Final Report
A construction completion report will be prepared once all physical construction, operations, and verification sampling required for site cleanup have been completed. Final site closure documents may include results of post-remediation confirmation samples and a post-remediation HHRA to demonstrate the residual chemical concentrations do not pose a risk to human health or the environment under expected future site conditions. The final report(s) will be prepared toward the end of the ECRG timeframe.
The final goal of any remediation project is to seek and obtain "closure"from the agency providing regulatory oversight. Wood anticipates the RWQCB may issue a No Further Action (NFA) determination for BaP and lead in soil. However, an NFA determination for residual VOCs in soil gas may be not feasible within the ECRG timeframe.Thus, a post construction OM&M plan may be necessary for continuing VI mitigation.
Additional reporting likely will be necessary pursuant to permit requirements.The City, as permit holder, will be responsible for confirming that conditions and monitoring requirements of all permits were followed. Wood anticipates that the selected remediation contractor(s) will prepare final reports documenting monitoring and compliance with permit conditions on behalf of the City.
Key Uncertainties
In addition to identification of specific technical data gaps in Task 1, we expect to identify more general questions and uncertainties that the City and RWQCB will need to resolve to allow the project to proceed on schedule. Potential uncertainties we have identified during initial communications with the RWQCB and development of this proposal include:
Exhibit 2 186
Proposal
Environmental Remediation Consultation for Former Berk Oil Site
1. Will the RWQCB require NFA status for soil and soil gas prior to site redevelopment, or will redevelopment be allowed to proceed If an NFA status Is not In place, but human health Is protected through Institutional and engineering controls?Although achieving NFA status prior to redevelopment would be ideal, it may not be feasible within the schedule for the ECRG. Removal of VOCs from fine-grained soils (such as those present at the site) using SVE typically requires many months, and often years, of SVE operation. In addition, several months of post-SVE monitoring and rebound testing are typically required before the RWQCB will consider granting NFA status. Other technologies (such as deep excavation or in situ thermal treatment) might remove VOCs from soil more quickly once begun but will require more time for planning and permitting and/or will be prohibitively expensive.As indicated in the SSA Report, some form of VI mitigation likely will be needed as part of site redevelopment. VI mitigation can be accomplished, however, without a site being granted NFA status. Such mitigation might include vapor barriers and/or sub-slab venting beneath new buildings and involves long-term OM&M to verify the effectiveness of the measures.
Alternative building construction using ground floor parking garages (podium parking) or below- grade parking garages could be used to address VI concerns by increasing ventilation. The City and the RWQCB will need to agree on an approach that achieves as much remediation as feasible within the term of the ECRG, but also recognize the potential need for ongoing measures to maintain protective conditions after that time.
2. What cleanup goals for VOCs In soil gas will be agreed on by the RWQCB and the City?As noted in the SSA Report, DISC and EPA currently apply different assumptions in calculation of risks associated with VI of VOCs from soil gas to indoor air. Consequently, cleanup goals for soil gas may be more stringent under EPA guidelines than under DISC guidelines.The RWQCB has indicated that it will apply EPA guidelines as a default.As an alternative, however, it may be possible to develop site- specific cleanup goals for soil gas that account for the design and use of future on-site buildings and provide a level of protection satisfactory to the RWQCB, DISC, and the City.The process and timing for establishment of cleanup goals and mitigation measures for soil gas will need to be agreed on prior to selection of a remedy for soil gas at the site.
3. What specific land uses and building designs are the City considering for site redevelopment? This is an important question because some types of building construction and use (e.g., podium and below-grade parking beneath new buildings, or use of ground floor space only for commercial purposes) may affect the extent of remediation required and the need for additional longer-term mitigation measures to address potential future VI risks to site occupants.
4. How much additional work will the RWQCB require?The SSA Report and previous phases of work at the site have been done under the oversight of DISC.The RWQCB, however, is the lead agency for work to be conducted under the ECRG.Although these two agencies work to protect human health and the environment, their requirements and approaches differ, and the RWQCB may request work that has not been required by DISC. The type(s) and amount of additional work requested by the RWQCB, and the timing of that work in relation to other work needed to support site redevelopment, is not currently known, but will need to be identified and agreed on by the City and the RWQCB.
We will begin the review and communications to address these general questions as part of Tasks 1 and 2 but expect this work will continue beyond the specified scope, effort, and schedule for those tasks.
Exhibit 2 187
Proposal
Environmental Remediation Consultation for Former Berk Oil Site ui� e ct 'r ui ui iu ui e IIV lii ui :e
Figure 1 provides a detailed schedule from contract award through the end of the ECRG timeframe (June 29, 2024). The key components of the schedule include:
• Prepare RAP and obtain approval
• Implement approved remedy
• Address remaining data gaps
Wood will identify and evaluate remaining data gaps (soil, soil gas, and groundwater conditions) concurrently with preparation and approval of the RAP to save time. Construction of VI barriers is not included because this work would need to be coordinated with the builder/owner development plans.
Exhibit 2 188
Figure 1
Proposed Schedule for Berk Oil Equitable Community Revitalization Grant Project Completion ID Task Name Durateh,. Start Einish
2022_ Sepptr4,.2.022 at,1,2023 Otr2r20.2_3ay OtJu3,2023 pO4,2023 . ptJa1n,..2_024 at,2r2024aV at' 3l,2024
J, O JanEeb Sp Eeb c Nov Dec Ap M Jun Auq c Nov Dec Ap M Jun Ju ..Auq 1 Contract Award Od Man 8/2222 Man 8/2222 p 8/22/2022 z Kick-off Meeting Od Tue 8M3 2 Tue 8M3 2 ilq 813012022 3 '....Site Visit Od Man 9/5/22 Man 9/5/22 ',.. 1 9/5/2022
4.... RAP Preparation and Approval 100d Mon 9/522 Fri 1120123
5.... Identify remedial technologies with RWQCB 5d Man 9/522 Eri 9/9r22 ',... ',... ',... ',... ',... ',... ',... ',... ',... s.... Prepare RAP for City approval 35d Man 9n2/22 Eri 10rz8rz2
7....''..... Submit RAP for RWQCB review 20d Man 10/31rz2 Eri 11rz5rz2 e.... Finalize RAP per RWQCB comments 5d Man 11/M2 Eri 12rz/22
9.... Submit RAP for public review 25d Man 12/522 Eri 1/6r23 10- Prepare Response to Comments and Finalize RAP 10d Man 1/9r23 Eri 1/20/23 11- Implement Approved Remedy 375d Man 1/23/23 Eri 6/28/24 ',... ',... ',... 12- Prepare design drawing and specifications 40d Mon 1/23/23 Eri 3/17/23 13 ' Prepare subcontractor bid documents 10d Man 3/20/23 Eri 3/31/23 14- Solicit bids and select subcontractors 20d Man 4/3rz3 Eri 4/28/23 15 ',.. Subcontractor plan preparation and notification 20d Man 5/1/23 Eri 5/26/23 16 Soil removal and offsite transportation/disposal 75d Man 529/23 Eri 9/8r23 11- Evaluation of fill conditions 20d Man 9n1/23 Eri 10/6r23 1a- Construction completion report(soil) 30d Eri 10/6r23 Th.11/16/23 L. 19 , SVE operation/vapor intrusion(rebound testing) 28od Mon 4/24/23 Eri 5/17rz4 20- Demobilization and restoration(if necessary) 10d Man 5/20/24 Eri 5/31/24 21- ',. Prepare site closure documents 30d Man 5/20/24 Eri 6rz8rz4 zz- Prepare Post-remedy O&M plan(if necessary) 30d Man 5/20/24 Eri 6rz8rz4 '..... '..... '..... '..... '..... '..... '..... '..... 23 Address Remaining Data Gap 100d Th.9n5rz2 Wed 2/1/23 24 Confirm data gaps with RWQCB Od Thu 9n5rz2 Thu 9n5rz2 9/152022 zs- Prepare data gap sampling plan 20d Th.9n5rz2 Wed 10n2/22 26- Agency review and finalize work plan 20d Th.10/13/22 Wed 11/9r22 21 '..,, Planning and preparation 10d Thu 11/10/22 Wed 11/23/22 za-....,,. Implement soil gas investigation 10d Thu 1124rz2 Wed 12/7r22 20- Implement groundwater investigation 30d Thu 1124rz2 Wed 1/4rz3 30 Reporting 20d Thu 1/523 Wed 2/1/23
31 Grant Closing Date Od Eri 6rz8rz4 Eri 6rz8rz4 6282024 Project.Berk Oil Task Milestone O Summery Einishbnly�� Progress Date.Thu 8/11/22
Woad Environment&Infrastructure Solutions,Inc.
Exhibit 2 189
Proposal
Environmental Remediation Consultation for Former Berk Oil Site
2.0 Management and Staffing
Wood will provide appropriate staff and other resources to assist the City with its efforts to prepare the site for redevelopment within the schedule and funding available through the ECRG . Our team has worked together for many years and has completed many similar projects. Figure 2 provides an organization chart showing the proposed project team and roles. Biographical sketches for the team members are provided below and resumes for the key individuals are provided in Appendix A of this submittal.
Figure — Organization Chart
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Joseph Bande, PG Calvin Hardcastle, PIE
Craig Stewart, IPG, CHG,CEG
Clharles Blanchaird, PE
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Joseph e, PG
Wood's Project Manager, Joseph Bande, will have primary responsibility for this project. He has more than 29 years of professional experience investigating and remediating contaminated soil, soil gas, and groundwater and has served as the project manager on DISC contracts for 18 years. He has managed and implemented almost all of the aspects of site investigations and hazardous waste remediation activities needed to manage the City's ECRG (e.g., preparation of work plans and site investigation report, safety plans, hydrogeologic evaluations, data evaluation, risk assessment, soil and groundwater cleanup planning, public participation, preparation of site remediation and closure documents (RAP/Removal Action Workplan [RAW]), site closure). Joe was one of the lead authors of the SSA.
Exhibit 2 190
Proposal
Environmental Remediation Consultation for Former Berk Oil Site As the current project manager for the DISC Cypress Region contract, Joe is familiar with the technical and administrative aspects of work under DISC grants. He will work with the City to develop project goals and objectives to address specific environmental concerns during each milestone of site investigation and remediation progress. In his proposed role, Joe will manage the appropriate skilled and experienced Wood staff assigned to this project, and will identify subcontractors, if needed. He will also lead Wood's response to proposed scopes of work provided by the City or RWQCB, and will estimate the level of effort and costs for completion of the scopes, without exceeding the total authorized grant budget funding. 1 6 II ei I III III 111111:n ui
Charles Blanchard, PE
Charles has more than 31 years of experience in active remediation and extensive experience managing the design, installation, operation, and optimization of remediation programs. His experience includes pilot testing, system design, equipment procurement, construction oversight, system optimization and project closeout on a wide variety of projects.
Much of the focus Charles' work has been the pilot testing, design, installation, and operation of SVE systems. In the last decade, he has applied these same skills to the design, installation, and operation of several subslab ventilation and barrier systems.
1,7 'Ilf'edII iii ui iii u4c��l.l Advon m o ii�s Calvin H. Hardcastle, PE — Engineering
Calvin Hardcastle will provide engineering technical lead services to this project. He has more than 41 years of process and environmental engineering experience, and has worked in environmental consulting for the past 35 years. Calvin's expertise includes identification and evaluation of remediation strategies to address contaminated soil, soil gas, and groundwater. He will also assist in developing a site closure strategy to support the City's site reuse planning.
Craig to rt, PG, CHG, CEG — Site Investigation/Hydrogeology Craig Stewart has more than 40 years of professional experience and will provide input and technical review on site investigation and overall project strategy. He has managed and conducted soil and groundwater characterizations, remedial investigations, remedial action planning, and remediation of sites where soils and groundwater were contaminated by fuel hydrocarbons, solvents, metals, oilfield wastes, or pesticides. Craig has experience working with DISC, EPA, and RWQCB regulatory staff. He provided principal-level technical review for the SSA and will continue to provide technical and strategic review and input for this project.
1 8 'n:'V� III e i�"I d!��
Shiow-Whei Chou, PE - Engineering Services
Ms. Shiow-Whei Chou has worked at Wood for 23 years and has experience in environmental engineering and consulting. Her expertise includes hazardous waste site investigation and remediation; design, construction, and implementation of remedial technologies; and project management. She has managed or served as a technical task lead for projects involving design, construction, and implementation of various remedial measures; OM&M of soil and groundwater remediation systems; system optimization; Exhibit 2 191
Proposal
Environmental Remediation Consultation for Former Berk Oil Site regulatory compliance and permitting; and site closures. Shiow-Whei's extensive experience working with the California RWQCBs, EPA, and DISC, participating in remedy selection and evaluation documents, overseeing remediation contractors, and achieving site closures will benefit the City in pursuing its goals for site reuse.
ney Saylor, PH, PE - Engineering Services
Daney has worked at Wood for 21 years and has more than 22 years of experience in engineering and environmental consulting. He has served in key roles in a wide variety of civil engineering and environmental remediation projects including civil engineering, water distribution system modeling, hydrologic and hydraulic analysis and modeling, construction management, stormwater, design of soil and groundwater remediation systems, OM&M of treatment systems, engineering FSs, engineering cost estimates, and plans and specifications. Daney's background and experience will benefit the project in work such as preparation of design drawings and specifications, assistance with preparation of bid documents and review of contractor bids for selection of qualified remediation contractors, and overall support for the City's efforts to complete project work using ECRG funding.
Susan Rebellon, PE — Engineering Services
Susan is an environmental professional with experience in environmental remediation, environmental compliance, and civil engineering. Her focus at Wood includes providing support for design, cost estimation, construction, and OM&M work related to groundwater, soil, and soil vapor treatment and containment systems.This includes scoping/designing treatment systems, overseeing compliance with various environmental permit and other regulatory requirements, and performing spatial and temporal data analysis to evaluate contaminant distribution.
She also has specialized expertise in the investigation and clean up of contaminated sites and a history of advising clients on environmental compliance, liability, and cost recovery matters. Susan is highly knowledgeable of federal, state, and local environmental regulations, including the Comprehensive Environmental Response, Compensation, and Liability Act, Resource Conservation and Recovery Act, and Clean Water Act, as well as hazardous waste, stormwater, and other environmental requirements.
Jorge erez, PG—Site Investigation
Mr. Jorge Perez has worked at Wood for nine years supervising soil, soil gas, and groundwater investigations. As the investigation task leader, he will assist the project manager in identifying appropriate Wood staff resources and will manage soil, soil gas, and/or groundwater investigations and sampling events. He is experienced in groundwater monitoring well and soil vapor probe installation and has supervised the collection of groundwater, soil gas, and soil samples using a wide variety of techniques.Jorge has overseen previous investigation at Berk Oil and will continue to provide services under the ECRG.
ryn Kelly— Risk Assessment
Caryn is a principal toxicologist who has more than 24 years of experience in toxicology, HHRAs, and toxics regulations compliance and has worked at Wood for more than 23 years. She was the primary author of the HHRA that was completed along with the recent SSA Report for the site. She has performed risk assessments to evaluate the potential for adverse health effects associated with the presence of a range of industrial and naturally occurring constituents in soil, air, and water for the RWQCB, DISC, and Exhibit 2 192
Proposal
Environmental Remediation Consultation for Former Berk Oil Site EPA. By working closely with state and federal regulatory personnel, Caryn has successfully completed these evaluations in compliance with risk assessment methodologies prescribed by the Cal/EPA and various state and federal regulatory agencies. Caryn will continue to provide HHRA services under the ECRG.
Tim Reinhardt, ClH — Health & Safety
Tim has worked at Wood for 16 years and has more than 39 years of experience in industrial hygiene and EH&S compliance. He has a comprehensive knowledge of EH&S compliance regulations and manages occupational and public health studies critical to EH&S compliance.Tim manages EH&S compliance and serves as health &safety officer for Wood and serves as an internal compliance resource when questions arise. Tim's background and experience will be utilized during implementation of ECRG activities to safely and efficiently implement the selected site remedy for the City.
Mahesh ettu, PE — Construction Oversight
Mr. Mahesh Mettu has more than 20 years of environmental consulting and project management experience with private and public-sector clients. He currently oversees and serves as a Project Manager on the record for a DISC site involving an Imminent and Substantial Endangerment Order(RAO). He has prepared soil and groundwater management plans and provided excavation oversight for soils impacted with VOCs. In addition, Mahesh has experience with supported permitting and SVE design documentation preparation and groundwater remediation, treatment, and reuse system OM&M contracts. He has prepared RAPs, evaluated remediation technologies, and provided construction oversight for soil, soil gas, and groundwater remediation systems involving a wide range of remediation technologies. Mahesh has also performed annual barrier system (cap) review and conducted barrier system performance evaluations, including a five-year review of a barrier system for a site with a land use covenant.
Exhibit 2 193
Proposal
Environmental Remediation Consultation for Former Berk Oil Site
3.0 Prior Related FirmExperience
Wood has the in-house resources to perform or provide all of the technical services associated with the site redevelopment project tasks described in the RFP. Wood has been working at the Berk Oil site since 2011 and assisting the City with project redevelopment planning since that time. Below, we provide a summary of our experience work at the site, along with descriptions of similar projects recently completed in southern California representative of the scope of work outlined in the RFP.
Berk it and PMC Properties, City of Bell Gardens, California Wood has completed three significant site characterization and redevelopment planning projects at the site since 2012.These included:
• 2012 Targeted Site Investigation implemented on behalf of the City through a DISC grant • 2019 Site Characterization implemented on behalf of the City through a DISC grant • 2022 SSA Report and HHRA implemented on behalf of the City through an EPA grant (this investigation was funded through two EPA Brownfields grants being administered by NDC, a non- profit 50193)
Berk Oil conducted asphalt mixing and oil distribution operations in the western portion of the site from approximately 1965 through 1989. PMC occupied the eastern portion of the site and conducted metal and plastic parts fabrication between 1984 and the early 1990s. Previous site activities included use of underground storage tanks (USTs) and aboveground storage tanks, metal furnaces, and degreasers. In 1988, during excavation Relevant Scope Items:
of impacted soil, a large quantity of asphalt-tar sludge, oil- soaked concrete and debris, and several buried full oil drums Site Investigation were uncovered inside the former steam cleaning sump. 0 Risk Assessment Chemical analysis of soil revealed relatively high concentrations 0 Cleanup and of VOCs (primarily trichloroethene) and TPH. A total of 1,423 tons Redevelopment Evaluation of impacted soil were excavated and transported offsite.
Reportedly, not all impacted soil was excavated, and the former steam cleaning sump excavation was partially backfilled with some of the impacted soil. Since the early 1990s, the site has remained vacant and unused because of remaining
contamination and unknown
environmental conditions.
During the 2012 and 2019 projects, �...
Wood (and our predecessor company
AMEC) was retained by DISC to
implement additional site
characterization through a community-wide Brownfields assessment grant that DISC received from EPA.
Wood prepared work plans to characterize soil, soil gas, and groundwater conditions at the site using innovative tools and techniques to expedite the site investigation.The site characterization and investigations were implemented to assess how environmental conditions associated with current or former land uses may affect redevelopment plans for future reuse of the site, specifically for proposed Exhibit 2 194
Proposal
Environmental Remediation Consultation for Former Berk Oil Site commercial results planning. The 2019 Site Characterization Report provided recommendations for commercial/industrial reuse on a parcel-by-parcel basis.
In 2022, Wood completed the SSA Report to evaluate mixed-use development of the site, including residential development. Soil, soil gas, and groundwater conditions were evaluated using the same innovative tools and techniques. Results of the passive and active soil gas sampling, cone penetration testing, membrane interface hydraulic profile tool direct-read monitoring, and grab groundwater samples did not show significant VOC or TPH impacts to soil or groundwater at the site. However, to support site redevelopment decisions, an HHRA was performed to evaluate both commercial/industrial and residential (mixed) land use and calculate potential health risks posed by chemical of potential concern (COPCs).
Results of the HHRA demonstrated that exposure of future site occupants under both residential and commercial/industrial reuse scenarios to current soil and soil gas conditions would result in an elevated noncancer hazard and cancer risk.Thus, a Response Action would be required to allow for mixed-use site redevelopment. Based on HHRA calculations, the soil cleanup goals for these COPCs included the following:
• BaP toxicity equivalent quotient in soil: 0.90 milligrams per kilogram (mg/kg) for residential and industrial/commercial use
• Lead in soil: 80 mg/kg for residential use and 320 mg/kg for industrial/commercial use The SSA Report identified the estimated areas of lead and/or BaP soil excavation that, when removed, would allow for unrestricted use of site soil.
Results of the HHRA indicated risk management would be necessary for potential vapor intrusion beneath new slab-on-grade building construction. Because soil gas concentrations are relatively low and dispersed throughout the site, Wood recommended a physical barrier to prevent vapor intrusion from impacted media into new construction. Results and recommendation from the SSA Report were used by the City to obtain the ECRG.All project work was completed within the grant funding's deliverable schedule and authorized budget.
Pathway High School Independent Studies, Lynwood, California Wood was retained by the Lynwood Unified
School District (LUSD)to provide environmental
technical support services to assist LUSD and their
'_ 44 `-..09.�6 consultant DelTerra with the Pathway High School Independent Studies project, which included site
evaluation and planning to install modular
classroom buildings on an underutilized portion of Hosler Middle School.Wood evaluated potential soil contamination that may have resulted from the use/application of lead-based paint (LBP) and organochlorine pesticides (OCPs) on and around former site buildings, and its impact on potential site redevelopment plans.The site was undeveloped or agricultural land through the 1940s when it was developed with buildings that initially were used for storage of military supplies. It was subsequently used by LUSD for storage of school supplies.These buildings also included a maintenance shop for minor auto repair and storage of related tools, equipment, and supplies. A 2,000-gallon gasoline UST and fuel dispenser, which had been operated as part of the vehicle maintenance activities, were removed from the site in 1989.The site buildings were demolished in early 2015 after asbestos containing materials and LBP abatement work had been completed.
. .
Exhibit 2 195
Proposal
Environmental Remediation Consultation for Former Berk Oil Site Wood collected soil samples in and around the former site building footprints as part of the lead and OCP investigation.The soil sample results were compared to appropriate DISC or EPA soil screening levels for residential use. Lead and dieldrin were the only COPCs detected in soil at concentrations exceeding screening levels.
Wood assisted LUSD in negotiating a School Cleanup Agreement (Docket Number HSA-FY15/16-141) with DISC to enable DISC to oversee further environmental investigation and removal action (RA) at the site.Wood Relevant Scope Items:
subsequently prepared a Revised RAW on behalf of LUSD to address lead- and dieldrin-impacted soil at the site.The RAW Site Investigation identified and screened RA alternatives that could best achieve • Cleanup Planning the project Removal Action Objectives (RAOs) allowing for the proposed site redevelopment and unrestricted reuse. Based on Raw the evaluation and associated estimates of cost, excavation of Public Outreach lead- and dieldrin-impacted soils followed by transportation of 0 Preparation of Bid the impacted soil to an appropriate, permitted off-site facility for Specification treatment/disposal was identified as the preferred and 0 Selection of Remediation recommended RA alternative. The RAW also included Subcontractors supplemental plans for the safe and successful implementation of . Construction Oversight the proposed RA, including: During Soil Removal • QA/QC Plan • Closure Documentation
• Dust Monitoring and Mitigation Plan with NFA Approval • Decontamination Plan
DISC, acting as the Responsible Agency, approved the RAW for public review pursuant to CEQA. Wood assisted DISC with preparation of a Community Profile, Community Survey, and Public Notice documents.
Following the public comment period, DISC approved the RAW for implementation.
Wood prepared Technical Specifications to assist LUSD in retaining a qualified contractor to implement the approved RA. Subsequently, Wood provided as-needed construction oversight assistance and collected confirmation soil samples. Lead- and dieldrin-impacted soils were safely excavated and removed from the site and no significant field variances/deviations occurred during the RA activities. Confirmation soil sample results demonstrated the impacted soils were removed from the site and residual concentrations of COPCs, where detected, were below site-specific screening levels.The excavation areas were subsequently backfilled with imported fill material obtained from a DISC-approved source.
Completion of the RA and subsequent laboratory analyses demonstrated the project RAOs were achieved.
Subsequently, Wood prepared a Remedial Action Completion Report (RACK), which requested that DISC concur with the recommendation that an NFA determination for the site was warranted. DISC approved the RACR and concurred with Wood's request for NFA status for the site. The classroom buildings were installed in 2019.Wood completed the RAW and RACR on schedule, and through close collaboration with LUSD and DISC representatives, saved an estimated $50,000 off our original projected project costs.
Exhibit 2 196
Proposal
Environmental Remediation Consultation for Former Berk Oil Site Former Engineering PlatingFacility, California
Relevant Scope Items: Wood was retained by DISC to complete a site investigation and prepare a RAP for the former Engineering Plating Corporation (EPC) project site located at 1224 East Pomona Street where • Site Investigation relatively high concentrations of VOCs were detected in • Cleanup Planning groundwater, soil, soil gas, and indoor air samples. The project is • RAW being conducted pursuant to an Imminent and Substantial • Public Outreach Endangerment Determination Order issued by DISC to the • Vapor Intrusion Mitigation current property owner. Shortly after EPC operations ceased in Using SVE the 1990s, the site property was subdivided into two separate addresses, 1224 and 1226 E. Pomona Street. The current site occupant at 1224 E. Pomona Street is a church group, and the current site occupant at 1226 E. Pomona Street is an automotive repair business.
Wood successfully implemented a triad-type approach to expedite site characterization and initiate a rapid response mitigation effort because high concentrations of VOCs were detected in soil gas and indoor air samples. Vapors were extracted from two vertical extraction wells screened between depths of approximately 15 and 30 feet and two horizontal extraction wells with approximately 60 to 70 lineal feet of screen and located approximately six feet underneath the site building. Subsequent soil gas and indoor air sampling results indicate that SVE has been effective for reducing VOC concentrations in soil gas beneath the site.
While onsite SVE planning and operations commenced, Wood continued onsite site and offsite groundwater sampling activities. Soil and groundwater samples were used for bench-scale treatability studies to evaluate effectiveness of in
situ chemical oxidation (ISCO) under
the site conditions. ISCO using sodiumr( r(
. /.rrlo d `r`°� rr lil; d_)d_dC , (/1) '084 �0„7,:" permanganate was considered more
applicable for focused treatment of the StI-C fled 1l-l.-/hor / d_)d_Se-/ (77 1) 484-i ;' 6 VOCs in groundwater. The data
collected from SVE operation and ISCO
pilot studies were used to support remedy selection and design long-term remedial efforts.Wood prepared a RAP describing potential remedial alternatives to mitigate VOCs in soil, soil gas, and groundwater.The selected remedies included:
• SVE for treatment of VOCs in soil and soil gas
• ISCO with sodium permanganate for treatment of VOC-impacted groundwater • Containment (capping and subsurface depressurization • Monitored natural attenuation for treatment of remaining VOC-impacted groundwater • Institutional Controls during and/or after remedial implementation Wood assisted DISC with public outreach efforts, which included preparing an initial study document, Fact Sheet, and public participation plan to support public review of the RAP pursuant to CEQA. Wood also assisted DISC during preparation of the presentation materials and supported DISC staff during their public meeting. The draft RAP was finalized upon receipt of final public comments.
All project work was completed within the funding's deliverable schedule and authorized budget.
Exhibit 2 197
Proposal
Environmental Remediation Consultation for Former Berk Oil Site Bethune Library, Los Angeles, California
Wood conducted a site investigation and prepared a RAW to support redevelopment planning for the former Bethune Library site at 3665 South Vermont Avenue, Los Angeles, California. The approximate
0.77-acre vacant site located adjacent to the University of Southern California campus is in a highly desirable location for development.
The site investigation was
implemented through a DISC grant Itl.> > h=:'>n=:' /)1` (/ ) ," , ; implemented on behalf of the City of
f? E=`EEE:` �°one� 111 l `r`tI�°�I
Los Angeles, Department of Public l
Works Bureau of Sanitation (LASAN)
Brownfields Program to assess
whether current or former land uses may affect redevelopment plans. Based on previous site operations, the COPCs that may have been used at the site and that present an environmental and/or human impact concern included VOCs, TPH, metals, acid, and semi-VOCs.
Wood collected soil and soil gas samples from the site following Relevant Scope Items: the site-specific Sampling and Analysis Plan. Results demonstrated that removal of lead-impacted soil was necessary • Site Investigation to allow for unrestricted reuse of the site property. Subsequently, • Cleanup Planning for Lead- Wood prepared a RAW to evaluate removal action alternatives impacted Soil and costs through the DISC grant for hazardous substance sites. • RAW The RAW was prepared pursuant to California Health and Safety Code, Section 25356.1(h) to support cleanup and removal of released hazardous substances from the site.An estimated 4,945 cubic yards of lead-impacted soil was identified for removal from the site to allow for unrestricted reuse.The RAW described responsibilities of the selected contractor to designate a Certified Lead Supervisor pursuant to California Department of Public Health requirements. Other RAW components prepared by Wood included:
• QA/QC Plan
• Decontamination Plan
• Dust Control and Monitoring Plan
LASAN is using the agency-approved RAW to support redevelopment planning.
Exhibit 2 198
Proposal
Environmental Remediation Consultation for Former Berk Oil Site
4.0 Cost and Pricing
Wood has prepared a cost estimate for Tasks 1 through 4 based on our past experience working with DTSC and the RWQCB. The task assumptions, some of which were discussed in Section 1.3.1, used to develop this estimate are listed below. 'If :'V� 171 .... III c I eui iu dl i
• Review SSA
• Identify and confirm data gaps with RWQCB and/or DISC • Prepare a supplemental work plan for implementing additional site investigation activities n:'aC III, ; ... mf tiw IlI e V Ill s llI
• Prepare hand-outs for agency staff
• Wood PM and one Task Lead will participate in the site visit (including travel) Tasks 1 and 2 will be conducted concurrently with preparation of the RAP to save time (see Figure 2 - Proposed Project Schedule).
'n:'^� 3 ..... e i"I ui
• Evaluate remedial technologies proposed in the SSA Report for suitability with RWQCB requirements • Evaluate additional technologies that may better address RWQCB requirements • Prepare and submit draft RAP to City for review
• Provide RAP to RWQCB for review
• Submit RAP for public review (see Task 4 below)
• Finalize RAP upon completion of public outreach activities 'n:' Illy. di; III ul c ()t si t iii� z.l dii
• Prepare Community Survey and Fact Sheet (in English and Spanish) • Develop '/4-mile radius (including residence, business, and key contacts) and deliver documents • Prepare response to comments
Based on Wood's experience working on similar project and the assumptions listed above, the total estimated cost to implement Tasks 1 through 4 is $66,905. Copies of Wood's hourly fee schedule and summary of cost estimate for Tasks 1 through 7 (individual tasks and total costs) are included on the following pages. Tasks 1 through 7 summarizing the total anticipated scope of work and assumptions for remediation consulting services to be provided by Wood for the entire ECRG is $829,907 and are provided on corresponding pages.
Exhibit 2 199
Summary of Scope of Work and Assumptions
Equitable Community Revitalization Grant (ECRG)
Former Berk Oil and Pacific Metal Craft Site
City of Bell Gardens
Bell Gardens, California
The anticipated scope of work and assumptions for Remediation Consulting Services to be Provided by Wood for the Equitable Community Revitalization Grant (ECRG) for the Former Berk Oil and Pacific Metal Craft Site in Bell Gardens, California, are summarized here. Estimated costs corresponding to these tasks are provided in Attachment 1.
Task 1a—Identify and Address Data Gaps
Scope
Similar to scope described in proposal dated 8/15/22 but expanded based on subsequent RWQCB requests and communications.
Assumptions
Responses to RWQCB letters and requests will be in a single combined work plan document.
One round of RWQCB review comments and responses will be necessary.
Task 1b—Implement Work Plan: Field and Laboratory
Scope
Implementation of RWQCB-approved work plan for combined soil, soil gas, and groundwater investigations.
Assumptions
Work will be conducted in parallel with preparation of the FS/RAP (Task 3a).
Includes: drilling, soil sampling, and groundwater grab sampling; installation and sampling of 6 to 10 multi-depth soil gas probes, construction, development, and sampling of up to 6 groundwater monitoring wells; laboratory analysis of soil, soil gas, and groundwater samples; destruction of up to 8 existing groundwater monitoring wells; and survey.
Wood will retain investigation subcontractors.
Task 1c—Implement Work Plan: Reporting
Scope
Preparation of a combined report for soil, soil gas, and groundwater investigations and well destructions.
Assumptions
Soil, soil gas, and groundwater investigations and well destructions can be reported in a single combined document.
One round of RWQCB review comments and responses will be necessary. 1 Exhibit 2 200
Findings and interpretations will be integrated into a supplement to the FS/RAP (Task 3b) if necessary.
Task 1d—Characterize Extent and Properties of Fill
Scope
Delineate lateral and vertical extent and assess chemical and geotechnical properties of existing fill Assumptions
Initial data will be collected in conjunction with Task 1b.
Additional data will be collected in conjunction with Task 7a after site clearing and removal of surficial debris.
One day of backhoe subcontractor retained by Wood for potholing and trenching.
Additional contractor services if needed for work performed in conjunction with Task 7a will be provided by a contractor retained by the City.
Task 2a—Site Visit
Scope
Initial site visit and discussions with RWQCB.
Assumptions
As described in proposal dated 8/15/22.
Task 2b—Continued Communications with RWQCB
Scope
Meetings, calls, and routine communications with RWQCB staff through June 2024.
Assumptions
Approximately 2 hours per week for Wood project manager or lead engineer.
Task 3a- Prepare a FS/RAP
Scope
Prepare a FS/RAP to identify and evaluate remedial alternatives for soil and soil gas.
Assumptions
As described in proposal dated 8/15/22
Evaluation of remedial alternatives can be streamlined with focus on presumptive remedies for soil (excavation and disposal) and soil gas(SVE).
One round of RWQCB review comments and responses will be necessary. 2 Exhibit 2 201
Task 3b- FS/RAP Supplement
Scope
A FS/RAP Supplement will be prepared to incorporate the results of Data Gap Investigations (Task 1c) and preliminary results of fill characterization (Task 1d, as available) and RWQCB input on vapor intrusion mitigation requirements.
Assumptions
The FS/RAP Supplement will not result in overall changes to the remediation approaches described in the FS/RAP (Task 3a) but will refine how and where the approaches will be implemented on the site.
One round of RWQCB review comments and responses will be necessary.
Task 4-Assist with Public Outreach
Scope
Provide assistance to public outreach efforts.
Assumptions
As described in proposal dated 8/15/22.
Public outreach, CEQA, and related work will be conducted by the RWQCB or a separate consultant retained by the City, with assistance from Wood.
Task 5- Prepare Design Documents and Assist with Contractor Procurement Scope
Prepare plans and specifications for site clearing and debris removal, excavation, transportation, and disposal of contaminated soil (Task 5a) and SVE system(s)or other VI mitigation measures (Task 5b) Assist City with contractor procurement(Task Sc). If SVE is selected as a remedy, design drawings may include:
• Site plan w/SVE wells and assumed ROI
• Trenching Plan View
• Trenching Profiles
• Civil Details
• Process Flow Diagram
• Piping and Instrumentation Diagram
• Treatment Equipment Layout
• Electrical Diagrams
Assumptions
Plans and specifications for site clearing, debris removal, and excavation, transportation, and disposal of contaminated soil are prepared as a single package.
Plans and specifications for SVE or other VI mitigation measures are prepared as a separate single package.
Assistance with procurement consists of answering bidder questions related to site conditions and remediation designs and providing input to the City on bids received, if requested. 3 Exhibit 2 202
Task 6- Obtain Permits and Approvals
Scope
Preparation of work plans for remedial excavation and SVE or other VI mitigation for RWQCB review and approval. Obtaining well permits for groundwater monitoring wells, soil gas probes, and SVE wells as necessary. Obtaining an air discharge permit for an SVE vapor treatment system.
Assumptions
Two separate work plans will be prepared and submitted to the RWQCB.
Both plans will describe sampling and analyses to be done for remedy performance monitoring or verification.
One round of RWQCB review comments and responses will be necessary for each work plan.
All other permits and approvals will be obtained by remediation contractors retained by the City,with minor support from Wood.
Task 7a—Excavation Observation and Reporting
Scope
Observation during site clearing and debris removal.
Additional data collection for characterization of fill (if needed following Task 1d).
Observation during excavation and on-site management of contaminated soil.
Verification sampling and laboratory analysis of soil samples from excavation perimeter.
Assumptions
Field work is conducted over four continuous weeks.
Wood retains laboratory contractor for analysis of verification samples.
Documentation of transport and disposal of contaminated soil and compliance with all permits to be provided by remediation contractor retained by the City.
Preparation of an excavation completion report.
Task 7b—SVE Construction Observation and Reporting
Scope
Observation during construction and startup of SVE system or other VI mitigation measure. Reporting is expected to include:
• Record drawings
• Construction completion report
• Air permit initial compliance
Assumptions
Field work for SVE construction and startup is conducted over five continuous weeks.
Documentation of compliance with all permits to be provided by contractor retained by the City.
Preparation of an SVE construction and startup report.
4 Exhibit 2 203
Task 7c—Plans for Required Future Work
Scope
May include plans for continued SVE operations, OM&M of other VI mitigation measures (such as sub slab depressurization systems), periodic site inspections, or soil management.
Assumptions
Plans or other documents to be required by RWQCB or others will be identified during the project. 5 Exhibit 2 204
Attachment 1
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Wood Environment&Infrastructure Solutions,Inc.
Exhibit 2 205
PROPOSED RATES wood.
City of Bell Gardens Request for Proposal
Equitable Community Revitalization Grant
Former Berk Oil and Pacific Metal Craft Site
Effective through June 29, 2024
WOOD JOB TITLES PROPOSED CONTRACT RATES
Principal $ 240
Sr Associate $ 220
Associate $ 195
Senior 2 $ 175
Senior 1 $ 150
Eng/Sci Professional 3 $ 135
Eng/Sci Professional 2 $ 120
Eng/Sci Professional 1 $ 110
CADD/GIS $ 120
Technician 5 $ 125
Technician 4 $ 110
Technician 3 $ 95
Administrative Staff 5 $ 95
Administrative Staff 3 1 $ 85
Travel Expenses: IRS Standard Milage Rate (current$0.625/mile) Subcontract Expenses: Supplies or services furnished to Wood in support of project activities by any supplier or firm: Cost plus 8%
Direct Expenses: Other expenses in support of project activities: Cost plus 8% Exhibit 2 F:\i_MARKET\Proposals\2QWroposals\22PROPGOVT.0282\Final NATIVE files\rate schedule.xlsx
Proposal
Environmental Remediation Consultation for Former Berk Oil Site
5.0 Additions or Exceptions
As requested, this is a separate section of our submittal, immediately behind this document.
Exhibit 2 207
Exhibit 2 208
Proposal
Environmental Administrative Consultation for Former Berk Oil Site
5.0 Additions or Exceptions
Wood reviewed the sample contract the City provided and does not have any additions or exceptions at this time. However, it is unclear if selected subcontractors will provide services through Wood's agreement or would be contracted separately by the City. We can work with the City and the DISC as the grant manager to address this question upon award of contract. In addition, we recognize the final contract may need to differ from the sample to reflect requirements of the ECRG.
Some key elements of the RFP that Wood considered in its response include:
• Our staff fee will remain in place through June 29, 2024 when the grant funding period ends • Wood understands the ECRG payment terms may be up to 90 days wood.
Exhibit 2 209
wood.
Appendix A
Wood Resumes
Exhibit 2 210
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Summary Professional Summary
Joseph Bande has 29years of environmental site investigation Yei,'1111's 01", and emediadonexperience. He has overseen and implemented 29 (20 with Wood) most aspects of hazardous waste site investigations and emediadon' including preparation of sampling and analysis �� ��� ����������� ��� ��� � ft
p|ans (SAPs)' Phase and || environmental site assessments Costa Mesa, California (ESAs)' removal action work plans (RAVVs) and remedial action p|ans (RAPs), hydrogeo|ogiceva|uadons, health and safety oversight data evaluation, risk assessment, agency negotiations' Bache|orofSdence' Geology, soil and groundwater cleanup, public participation, vapor California State University'Fullerton, intrusion evaluation and mitigation, and preparation of closure ' 199� documents. Joe has conducted and managed numerous soil, Associate of Art, Cypress Co||ege, soil gas' and groundwater remedial investigation (R|)/feasibi|ity 1990 study (FS) projects at facilities throughout California ranging 9���stii�'i'lt���a I ii s from simple grab sample invesdgadonsfor private companies �
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Professional Geologist, C/\ 705E\ ]oe'sexpertise includes the design and implementation ofR|s 2000
and corrective measures for both private sector and
������ al' ��������� government clients. His industry experience includes dry cleaner and plating facilities, manufacturing' petro- andagricu|tue|- w Phase | / || ESAs
chemical, financial, municipalities, Brownfield developments, w Due Diligence military sites, and aerospace facilities. |n addition tomanaging w Remedial Investigation numerous investigations involving petroleum hydrocarbons and/or solvents, Joe designed and implemented R|/FS projects w Soil, Soil Gas, and Groundwater characterizing chemicals such aspesticides, metals, depleted Remediadon uranium, explosives, chemical warfare agents, and emerging w Hydrogeo|ogicStudies compounds. His experience with treatment technologies includes soil vapor extraction (SVE) using cryogenic-cooling and w Brownfield and Property compression technology and activated carbon adsorption' in Assessments situ treatment, soil excavation and removal, and w Vapor Intrusion Evaluation and screening/segregation of explosive/hazardous substances.
Mitigation These investigations and remedial activities were overseen by local, stat� and federal regulatory agencies.
w Remedy Evaluation and Implementation Experience w Construction and Demolition DTSC Site Mitigation and Restoration Program On-Call Planning/Oversight Contract, Cypress Region, CA
w Munitions and Explosives of Responsible for managing the on-call semicescontractfor Concern environmental site assessment and restoration services for the California Department of Toxic Substances Control (DTSC) Cypress, CA Region. The on-call contracts included Phase |/|| ESAs' potential responsible party identification, site-wide facility | screening and hazardous waste generation evaluations, |
22pnopoovr0282
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Exhibit 211
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SAP/workp|an preparation, R|/FS investigations and studies' RAP and RAW preparation, California Environmental Quality Act (CEQA) support and public outreach participation, United States Environmental Protection Agency (U.S. EPA) grant funded Targeted Site Investigation (TS|) projects, design/implementation ofremedial actions' emediadon systems operations and maintenance' and providing technical expertise for on-call tasks. Oversaw and managed 62 task orders totaling nearly $20 million in project work.
Berk Oil and Pacific Metal Craft Properties, Bell Gardens, CAProjectK4anager. Managed and oversaw three separate site investigation programs:
w 2012TS| funded through DTSC grant program
w 2019 Site Characterization funded through DTSC Brownfield Assessment grant w 2022 Supplemental Site Assessment (SSA) funded through U.S. EPA Brownfie|ds grant awarded to National Development Council
Responsible for performing an RI during the 2012 and 2019 programs at this vacant and unproductive brownfie|dsproperty. Prepared Phase ESA in2012summarizing previous site activities and identifying several Recognized Environmental Conditions atthe site. Prepared subsequent work plans to characterize soil, soil-gas, and groundwater conditions at the site using innovative tools and techniques to expedite the site investigation. Oversaw use of high-resolution subsurface screening tools (cone penetration testing [CPT]' Hydraulic Profiling Tool [HPT]' Membrane Interface Probe [K4|P])' along with confirmation soil, soil gas' and groundwater sampling (using grab methods) to assess how environmental conditions associated with current or former land uses affected commercial/industrial redevelopment plans. Lead and benzo(a)pyrene (BaP) were detected in soil at concentrations exceeding screening levels. Prepared the 2019 Site Characterization Report that provided recommendations for commercial/industrial reuse of the site ona parcel by parcel basis.
Managed the 2022 SSA with the goal of evaluating mix reuse of the site (commercial/industrial and residential development). Prepared plans to install passive soil gas probes to provide information on overall site volatile organic compounds (VO{]' total petroleum hydrocarbons (TPH)' and Po|ycyc|ic Aromatic Hydrocarbon conditions. Used results of the passive soil gas samples to direct confirmation sampling locations. Used active soil gas, CPT, membrane interface hydraulic profile tool direct-read monitoring, and grab groundwater samples it evaluate site conditions and support site redevelopment decisions. Assisted with preparation of Human Health Risk Assessment (HHRA) to evaluate both commencia|/industha| and residential (mixed) land use and calculate potential health risks posed by chemicals of potential concern at the site. Results of the HHRA demonstrated that exposure of future site occupants under both residential and commercial/industrial reuse scenarios to current soil and soil gas conditions would result inanelevated noncancer hazard and cancer risk. Therefore, a response action would be required to allow for mixed use site redevelopment.
Prepared the SSA Report, which identified the estimated areas of lead and/or BaP soil excavation that, when removed, would allow for unrestricted use of site soil. Recommended installation of vapor barriers beneath any new slab-on-grade building construction to address potential vapor intrusion concerns because soil gas concentrations were relatively low and dispersed throughout the site. All project work was completed within the gentfunding's deliverable schedule and authorized budget. Results and recommendation from the SSA were used by the City to obtain an Equitable Community Revitalization Grant.
22pnopoovr0282
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Exhibit 212
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Engineering Plating' Santa Ana, CA
Project Manager. Responsible for performing a R| and groundwater pilot studies and supporting implementation of an SVE and situ chemical oxidation (ISCO) pilot tests at a former plating facility. The project was funded through the State ''Orphan Site" program because indoor air VOC concentrations presented a potential "Imminent and Substantial Endangerment"to site occupants and the current site owner did not have the resources tocomplete site investigation and implement remedial actions. To alleviate VOCs concentrations in indoor air, planned for and oversaw installation of two horizontal vapor extraction wells beneath the existing building foundation to provide subsurface depressurization (SSD) by connection to the SVE system' which used granular activated carbon (GAC) to treat extracted vapors.
Operation of the SSD resulted in lowering indoor air VOC concentrations by one to two orders of magnitude.
Used a combination of high-resolution subsurfacesceeningtoo|s (CPl, HPl, K4|P)' along with confirmation soil and groundwater sampling (using grab methods or installing and sampling groundwater monitoring wells) to identify and delineate apa|eochanne| underlying a portion of the site. VOC impacted groundwater was moving along the higher-porosity paleochannel sands and gravels tangential to the regional groundwater flow direction in finer-grained sediments. Prepared a conceptual site model that accounted for the variable VOC mass movement along the paleochannel and in multiple undifferentiated water-bearing zones following the regional flow direction.
Prepared plans for bench-scale treatabi|itystudiestoeva|uate |SCOto emediateVOC impacted groundwater. Using results of the bench-scale teatabi|ity studies' demonstrated that |SCO using sodium permanganate was appropriate for treatment of high VOC concentrations in groundwater. Subsequently prepared an FS/RAP using results of the RI and pilot studies to design and support long-term soil and groundwater remedial efforts. Recommended SVE for VOC impacted soil and |SCO for VOC impacted groundwater. Assisted DTSC with preparation of Public Participation Plan, Fact Sheet community notices, and other documents tosupport CEQA public outreach requirements. Subsequently supported DTSCs public outreach efforts' participated in a community workshop and a public meeting' and reviewed proposed responses to public comments. DTSC approved the FS/RAP following completion of CEQA public review activities.
Prepared plans for an |SCO pilot study' which included an application fora Waste Discharge Requirement (VVDR) permit under the SA-RVV(]CB's Discharge Authorization and Monitoring £k Reporting Program to inject up to 7 percent sodium permanganate by weight. The pilot test was implemented in two phases' the first to evaluate VOC impactedgroundwaterwithinthepa|eochanne| depositsandthesecondto evaluate VOC-impacted groundwater within the undifferentiated water-bearing sediments outside the pa|eochanne|. Oversaw |SCO activities and provided additional safety precautions because of nearby homeless encampment. Subsequently prepared a final |SCO pilot test summary report. The project work was completed according to plan and within authorized budget and schedules.
Pathway High School, Lynwood, CA
Project Manager. Responsible for performing a Supplemental Site Investigation (SSI) and implementing soil removal actions allowing for redevelopment with modular buildings for housing student and faculty personnel on an unused portion of the Lynwood Unified School District (LUSD) property. The LUSD entered into a School Cleanup Agreement with DTSC to provide oversight of the SS| and removal actions allowing for unrestricted land reuse and to comply with public outreach requirements pursuant to CE(]A.
Historical operation of warehouse at the site resulted in organoch|orine pesticide impact to soil from termiddde application (e.g, die|drin) and lead impact tosoil from lead-based paint.
Prepared anSS| Work Plan to define the extent of lead- and die|drin impactedsoi| andaddressother potential site contaminants originating from historical operation of an underground stoegetank/gaso|ine dispenser and reported use of small parts cleaning wash basins inside the former building. Used results of the field sampling program to prepare the SS| Report' which documented lead and die|drin were the only 22pnopoovT.0282
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Exhibit 213
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site contaminants of concern (COCs)' defined the vertical and lateral extent of soils impact and determined COC cleanup goals. Upon DTSC's approval of the SS| Report' assisted them with preparation of the draft Removal Action Workplan (RAW) that recommended excavation of lead and clieldrin impacted soil followed by off-site transportation to an approved facility for treatment/disposal.
After DTSC approved the deft RAW and submitted it for public review, assisted them with implementing CEQA activities, which included preparation ofa Community Profile, Community Survey, and Community Updates.After completion of public outreach efforts, finalized the RAW pursuant to DTSC request and assisted the LUSD with contractor selection (prepared Technical Specifications and Procurement and Agreement Requirements to support competitive bid contract requirements). In 2018, provided oversight during removal of 231.47 tons of impacted soil and collected confirmation soil samples demonstrating achieved the project remedial action objectives. Subsequently, prepared the Removal Action Completion Report (RACR) supporting No Further Action determination for the site. DTSC agreed with our recommendation and approved the RACR in February 2018 as is and with no comments.
The classroom buildings were installed in 2019and the Panthers Pathway program will be open to new students soon. Wood completed the SS|' RAW, and RACR on schedule. Our original total estimated cost for site investigation, planning, and closure was approximately $175,000. However, through planning collaborative efforts between the client and DTSC representatives, our final invoice cost was $122,167 saving over $50'000from our original overall projected project costs.
Former Bethune Library, Los Angeles, CA
Project Manager. Responsible for performing a site investigation and preparing a RAW tosupport redevelopment planning for the former Bethune Library site. The approximate 0J7-acre vacant site located adjacent tothe University of Southern California campus is in a highly desirable location for development. Prepared plans toevaluate potenda| VOCs' TPH' metals, acid' and semi-VOC impacts.
Results from the soil and soil gas samples demonstrated that removal oflead-impacted soil was necessary to allow for unrestricted reuse of the site property.
Assisted in preparation of RAW to evaluate removal action alternatives and costs. Estimated 4'945 cubic yards oflead-impacted soil would need to be removed from the site to allow for unrestricted reuse. The RAW described responsibilities of the selected contractor to designate a Certified Lead Supervisor pursuant toCalifornia Department ofPublic Health requirements. Reviewed and finalized other components of the RAW including:
w Quality Assurance and Quality Control Plan
w Decontamination Plan
w Dust Control and Monitoring Plan
All project work was completed within the gentfunding's deliverable schedule and authorized budget.
The property owner is using the agency-approved RAW tosupport redevelopment planning. 22pnopoovT.0282
Exhibit 214
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Charles has more than 31 years of experience in active
Yei,'1111's 01", emediadon and extensive experience managing the design, 31 (6 with Wood) installation, operation, and optimization oftreatment equipment for oil and� gas, industrial, and petrochemical clients .� � �� �������
His experience includes pilot testing, system design' equipment Oakland, California procurement, construction oversight, system optimization and i C i:"It���a I III, project closeout ona wide variety ofprojects.
Bachelor of Science, Chemical, Charles has expertise working with water treatment equipment Biomedical Engineering' Carnegie including the following treatment Processes: filtration, oil/water separation, aeration, activated ozone/peroxideand
K4e||onUniversi�� NewYor� 1990 ' ' '
UV/peroxide advanced oxidation reactors, and ion exchange ii s resins.
iiiis ��I keii',iises Experience
Professional Engineer, Chemical, CA
Refinery Soil Vapor Extraction (�'��� System Design,
6175 2004 (SVE) °
' Alon' Bakersfield' CA
Professional Engineer, Civil, CA
Project Manager. Managed the design of 15'000 cubic foot 78927 2011
' per minute SVE system at a refinery. This system was one of the Aii�'ei'ls o'l' largest SVE systems ever designed, which utilized thee blowers w Chemical Engineer each equipped with a variable frequency drive toallow maximum flexibility and power consumption optimization. w Environmental Engineer Recovered vapors were treated by regenerative thermal w Industrial Engineer oxidizerfor maximum energy efficiency priorto discharge to the atmosphere.
w Chemist
w Civil Engineer Product Recovery System Upgrade- Refinery, Honensa, St. Croix, U.S. Virgin Islands
Senior Project Engineer. Provided the technical design for the upgrade ofa free-phase hydrocarbon containment and
recovery system comprised of 100 wells. The Environmental Protection Agency's mandated system operational requirements were met for the first time in five years after the completion of the upgrades. |n addition to groundwater pumping wells, the site also operated three thermal oxidizers that processed vapors from multi-phase extraction systems. Modifications tothe thermal soil vapor oxidizers, implemented as part of the same upgrade' resulted in supplemental fuel usage savings of more than $250'000 per year.
22pnopoovT.0282
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Exhibit 215
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UntegritwManagemmemt Support, British Petroleum, Multiple Sites Integrity Management Coordinator. Worked as British Petroleum's integrity management coordinator for US retail, pipeline, terminal, and mining operations. Responsibilities include reviewing all newemediadon system designs and construction, providing final review for any modifications toexisting systems' and supervising system-related incident investigations for active remediation sites. Initiatives have included assisting with the implementation of database for tracking inspection' operation, and maintenance activities, and educating consultants on the proper method for identifying, inspecting and maintaining protective safety devices on active emediadonsystems.
Pipeline Release Remmediation, Kinder Morgan, Corpus Christi, TX Senior Process Engineer. Provided process engineering design support for the remediadon of large pipeline spill. An estimated one million gallons of technical grade benzene were released, which overlay hexava|entchromium impacted groundwater. The site is being emediated through the use ofSVEand multiphase extraction. The vapor treatment system includes a thermal oxidizer and a prototype benzene recovery system. The benzene recovery system removes benzene from the vapor stream by freezing it on two parallel heat exchangers. The recovered liquid benzene is sold to local refinery.Work at the site has included upgrading the existing SVE system through the addition of to increase the hydrocarbon recovery rate and the installation of an air-to-glycol heat recovery system on the thermal oxidizeroff-gasto improve air stripper efficiency.
Remmediation at Former Refinery, Pennzoil, Emmlenton, PA Project Engineer. Designed a system for the recovery and treatment of hydrocarbon impacted groundwater at a former refinery.The recovered groundwater contained 20 mg/liter of dissolved iron. This was reduced to four mg/liter through the use of a sparge tank and a porous settling media. The reduction in iron concentration was required to educe operation and maintenance costs and prevent fouling of the effluent line. The sparge tank was used to precipitate the iron through oxidation and pH increase. This eliminated the need for chemical pH adjustment thereby reducing the system complexity and the need to handle hazardous chemicals.
Terminal Closure, Shell Oil Products, Manila, Philippines Senior Engineer. Assisted with the site conceptual model development and cost estimating fora former bulk storage terminal in operation for approximately 100 years and was responsible for the selection of the proposed remedial technology.
Perchlorate Treatment System, Olin Corporation, Morgan Hill, CA Senior Engineer. Provided system design' procurement, and installation oversight for a hydraulic control system fora large pench|oete plume. Water was treated by filtration and ion exchange prior to discharge to storm sewer. Assisted with the equipment procurement specifications and vendor selection. After equipment vendor selection, worked directly with the vendor to verify that the process controls were properly interlocked with the groundwater recovery system. The equipment was transported to the site as skid mounted equipment to minimize the system installation and commissioning cost. The system was demonstrated to reliably recover and treat groundwater and continues in operation to this day, 22pnopoovT.0282
Page zvfz
Exhibit 216
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Summary Professional Summary
Calvin Hardcast|e has more than 41 years of process and Yei,'1111's 01", environmental engineering experience. He has worked in 41 (27 with Wood) environmental consulting for the past 35 years. His expertise includes investigation and emediadon of contaminated soil (),1111ce ol� irii oyiI irii e I ift
vapor, soil, and groundwater as well as developing site closure Costa Mesa, California' strategies. Calvin has also conducted potable water supply i C i:"It���a I III, projects including feasibility studies, pilot testing, design, Master ofScience, Civil maintenance' and rehabilitation of treatment facilities and Engineering, University ofAh pipelines.
�ona' Experience
Tucson' 1987
Bachelor ofScience, Metallurgical RCRA Facility Investigation (11I and Corrective Engineering, University of Arizona, Measures Implementation, Inglewood, CA Tucson' 1981
Engineering Manager. Performed, managed, and directed a iiiis variety ofproject phases to investigation and remediate the ii s ��I keii',iises presence of volatile organic compounds (VOCs), primarily Professional Engineer, C/\ C44751
tetech|oroethene (PCE)' thch|oroethene (TCE)' and 1'1
1989
' dich|oroethene (1'1 DCE)' in soil, soil vapor, and groundwater.
Responsible for performing an interim remedial measure to Professional Engineer Sanitary remove 26 underground storage tanks (USTs) and dose in-place Engineer, AZ, 26935' 1993 two USTsina staged manner to minimize impact tosite Class AH&Z Contractors License operations. Conducted a design/build for implementation an interim measure using soil vapor extraction (SVE) to educe VOC Aii�'ei'ls ol' mass in soil and soil vapor. The SVE system consists ofa w Soil and Groundwater network of 56we||s co-located in nest well pairings to screen Investigations four different soil zones, a duo manifold system to allow vapor w Process and Remediadon extraction from soil zones with varying vacuum responses, and a Engineering C3 vapor abatement system to condense VOCs into liquid for management ofbv-products. The SVE system also acts asasub- w Site Closure slab depressurization system toreduce potential risks tosite w Litigation Support workers via indoor air intrusion ofVOCs. Technical reviewer of pilot study to evaluate feasibility ofimplementing in situ bioremediadon in shallow zone groundwater. Pilot study
features ^push-pu||^ system to inject quick-release and slow- release carbon substrates and a bacteria consortium to
augment naturally-occurring groundwater conditions to
promote degradation of the chlorinated solvents. Technical director for the corrective measures study (CK4S) toselect remedial alternatives for site soil, soil vapor, and groundwater.
The CMS focuses on a strategy of in situ treatment of shallow groundwater and soil vapor extraction for soil and soil vapor. 22pnopoovr0282
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Exhibit 217
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Superfund Site Investigation and Remediation, South Gate, CA Principal-in-Charge. Responsible for the overall technical review of the project, implementation of the remedial design' and negotiations to stay a portion of the Record of Decision (ROD) for emediadon of former drum reconditioning facility. A USEPA Region |X contractor developed the remedial design for mitigating the presence ofVOCsin soil, soil vapor, and groundwater and 1'4-dioxanein groundwater. To mitigate shallow impacts, a high-vacuum extraction system was designed and constructed to extract soil vapor and shallow groundwater. Soil vapor was treated using a C3 cryogenic-compression-condensation system provided by GEO' Inc. prior to receiving polishing treatment and emission to the atmosphere.
Groundwater was separated from the extracted vapor and treated using an ozone-hydrogen peroxide advanced oxidation system. Treated groundwater was then discharged in conformance with a permit issued by the County of Los Angeles Sanitation Districts (LACSD). The remediadon strategy for the deeper groundwater now varies from the ROD approach of using in situ chemical oxidation at a targeted on-site area, groundwater extraction in a non-focused' offsite area, and construction of an offsite in situ bio- barher underlying a nearby residential area. As a key member ofthe technical team' a stay or possible elimination of the in situ chemical oxidation system was negotiated with USEPA on the basis that previous pilot testing did not demonstrate effectiveness of the technology at the site and that the bio-barrierwas not needed. Instead, the current deeper groundwater emediadon strategy consists of targeted on-site and off-site groundwater extraction to contain and mitigate concentration hot-spots and to educe overall extraction rates. The proposed program is expected todecrease emediadon times bv10to15 years ata VOC-Affected Soil and Groundwater Remmediation
Project Manager. Responsible for preparing plans, specifications, construction' and operation of two 300 scfm' high vacuum soil vapor extraction (SVE) systems. The high vacuum systems were used to dewater the shallow groundwater zone and then extract soil vapor containing chlorinated solvents. Extracted groundwater and soil vapor were treated using GAC. In conjunction with this project, a pilot study was conducted to evaluate injection of Fenton's Reagent into the vadose and saturated zones was conducted asto assess the feasibility ofimplementing this remedial option. While some VOC removal was experienced' the level of removal was not sufficient to warrant further application at this site. Finally, as a final polishing step in the site emediadon' in situ biological treatment of the residual VOC mass was stimulated using a proprietary substrate solution with the objective of catalyzing the eductive dech|orinadonofPCE and TCE.
Wholesale Facility and Fueling Station, Santa Clara, CA Responsible for overseeing implementation of remedial measures consisting of biologically active GAC units for treatment of K4TBE and TBA in groundwater at a gasoline retail station. His activities included developing and review of design and startup of the treatment system.
Farm Fueling Facility, Ventura County, CA
Responsible for overseeing implementation of emediation measures consisting of high vacuum extraction to remove gasoline constituents and K4TBE for soil and groundwater at a farm. Activities included implementing emediation system operations consisting ofdual-phase extraction' groundwater extraction and treatment and biovendng' developing groundwater characterization work plans, and negotiations on behalf ofthe client with the Ventura County Environmental Health Division. The monitoring record and residual soil vapor data were used to demonstrate that the residual VOCs constituted a low risk to human health and groundwater quality. Case closure was granted by Ventura County.
22pnopoovT.0282
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Exhibit 218
Craig
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Summary Professional Summary
Craig Stewart has more than 40 years ofprofessional experience ������ ��� ���������� investigating and remediating contaminated soil and 40 (31 with Wood) groundwater. He has conducted soil and groundwater characterizations remedial investigations remedial action ce ��� �������`������ ' '
planning, and remediationof sites where soils and groundwater Costa Mesa, California were contaminated by fuel hydrocarbons' solvents, metals, oilfield wastes, or pesticides. He has worked on investigations, cleanups, and closures of industrial facilities to supportK4asterofA�s. Geo|ogy' University of Missouri, Columbia, 1982 Brownfie|ds redevelopment projects. Craig has conducted and managed large basin-scale groundwater quality projects as well Bachelor ofScience, Independent as numerous projects involving investigation, monitoring' or Program of Studies Geologic closure of landfills and other waste management or disposal Engineering' Harvey Mudd College, facilities. He has conducted due diligence site assessments for 1980 industrial, commercial, agricultural, and undeveloped properties.
He has experience working with the United States
~ Environmental Protection Agency (U.S. EPA)' Department of ° Toxic Substances Control (DTSC), Regional Water Quality Certified Hydrogeo|ogist CA' Control Board (RVV(]CB)' and other state and local regulatory HG106' 1995 staff on projects that entail complex technical and policy issues, Certified Engineering Geologist, CA, and has Provided expert consultant services and trial testimony EG1277' 1986 in regard to the nature, extent, and cause of soil and Professional Geologist, CA' groundwater contamination and the costs of soil and GE04087' 1986 groundwater remediation.
Experience
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w Site Assessment and SiteUnnestigation/Remmediation Planning, Plating �� � Stanton,Remediadon Facility, CA
w Hydrogeo|ogy Principal-In-Charge. Project involved site characterization, regulatory interaction, and remediadon planning for an active w Groundwater Resources plating facility where soil and groundwater had been affected w Engineering Geology
by chromium (V|) Oxide Cr( �Cr(VI) chlorinated solvents. Early stages of work involved assisting the client and counsel in negotiating a Consent Agreement with DTSLTechnica| work included development of Current Conditions Report and preparation and implementation of Facility Investigation (F|) Work Plan.The F| was conducted using a phased approach to optimize data evaluation and decision-making as the work progressed. Results ofthe F| were compiled and presented in F| Report and incorporated into a Human Health Risk
Assessment (HHRA) that considered current and potential future use of the site.The project a|soinvo|vedeva|uadonofcorrective measure alternatives and identification of preferred alternative | to address impacts ofCr(V|) in soil and groundwater to protect �
22pnopsovT.0282
Exhibit 219
Craig
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human health and the environment.
Engineering Plating' DTSC' Santa Ana, CA
Project Director. Project involved designing and conducting a remedial investigation, a pilot test for in-situ treatment of groundwater and a pilot test for soil emediation using soil vapor extraction. The project, which was conducted at a former plating facility, was funded through State of California ''Orphan Site" project fees because indoor air volatile organic compound (VOC) concentrations presented a potential "Imminent and Substantial Endangerment"to site occupants' and the current site owner did not have the resources to complete site investigation and implement remedial actions (RAs).To alleviate VOCs concentrations in indoor air, two horizontal extraction wells were installed beneath the building foundation to provide subsurface depressurization (SSD) by connection to an SVE system, which uses granular activated carbon (GAQ to treat extracted vapors. Operation of the SSD resulted in lowering indoor air VOC concentrations by one to two orders of magnitude. Using results of bench-scale treatabi|ity studies' demonstrated that |SCO using sodium permanganate was appropriate for treatment of high VOCconcentrations in groundwater.A feasibility study and remedial action plan (FS/RAP) was prepared using results of the Remedial Investigation (R|) and pilot studies to design and support long- term soi| andgroundwateremedia| efforts.TheFS/RAPrecommendedSVEforVOC impactedsoi| and ISCO for VOC-impacted groundwater. Following DTSC approval of the FS/RAP, supplemental investigations and a field-scale pilot study were conducted to provide data for use in design of an In Situ Chemical Oxidation (ISCO) remedy for groundwater. The ISCO pilot study was conducted in accordance with Waste Discharge Requirements issued by the RVV(]CB.The results of the supplemental investigations and |SCO pilot study were compiled and submitted in a comprehensive report to support design of full- scale remedy for groundwater.
Berk Oil and PMC Properties, City of Bell Gardens, CA
Project Director and Technical Review. Project work has included thee significant phases of site characterization and redevelopment planning since 2012. The first two phases of work were conducted in 2012and 2019on behalf of the City through grants awarded byDTSL The third phase of work included a Supplemental Site Assessment (SSA) and HHRA using grant funding provided by the EPA and administered by the National Development Council.
For the 2012 and 2019 phases, work plans were prepared and implemented to characterize soil, soi| gas' and groundwater conditions at the site using innovative tools and techniques.The results of the site characterization were used to assess how site environmental conditions might affect plans for future redevelopment of the site for commercial use. Shallow soils insome portions of the site were found to contain elevated concentrations of lead and/or the semi-volatile organic compound benzo(a)pyrene.The 2019 Site Characterization Report provided recommendations for commercial/industrial reuse on a parcel by parcel basis.
The 2022 SSA and HHRA were conducted to evaluate mixed use redevelopment of the site, including residential development. Soil, soil-gas, and groundwater conditions were evaluated using the innovative tools and techniques applied successfully in 2019. Results ofthe passive and active soil gas sampling, cone penetration testing, membrane interface hydraulic profile tool direct-read monitoring' and grab groundwater sampling showed relatively low levels ofVOC and total petroleum hydrocarbon impacts.To support site redevelopment decisions, the HHRA evaluated both commercial/industrial and residential (mixed) land use and calculated potential health risks posed by chemicals ofpotential concern at the site.
Results of the HHRA indicated that localized cleanup of shallow soils and more widespread mitigation of 22pnopoovT.0282
Page zvfa
Exhibit 220
Craig
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potential vapor intrusion from soil gas to indoor air would be required to allow for mixed use site redevelopment.
Remedial Action Work Plan for Site Redevelopment, New Economics for Women, Los Angeles' CA
Project Director and Technical Advisor. This project involved development of emediadon approach and preparation ofa remedial action work plan (RAVV) on behalf of New Economics for Women, anon-profit organization, to support construction of five story building that would house a primary healthcare clinic on the lower two floors and affordable housing on the upper floors. To support redevelopment plans, soil emediadon is necessary' and the building materials will require proper abatement of hazardous materials before any building renovation or demolition activities occur.The RAW was prepared pursuant to DTSC guidelines and described onsitecontaminadon' removal action goals, details ofthe preferred and recommended removal actions and necessary guidance (e.g, health and safety plan, quality assurance plan, decontamination plan, dust monitoring and mitigation plan, soil management plan, transportation p|an)' and implementation cost and schedule.The RAW described appropriate lead-based paintand asbestos-containing materials abatement, excavation and soil management procedures (including hazardous waste controls and air monitoring measures, and installation of vapor barrier and depressurization system). DTSC approved the RAW, which was completed within the project schedule and authorized budget.
Kenneth Hahn State Recreational Area, Baldwin Hills, CA Technical Advisor. Provided technical review for site investigation and risk management activities related to the redevelopment of portion of the Inglewood Oil Field into a recreational soccer field complex as part of the Kenneth Hahn State Recreational Area. Project activities included reviewing previous environmental investigation reports and regulatory agency correspondence, performing field activities that included soil gas and soil sampling and analysis, and performing a human health risk evaluation.
Resource Conservation and Recovery Act Facility Investigation and Corrective Measures Implementation, Inglewood, CA
Technical Advisor. Work at the site is being conducted under aDTSC Consent Agreement. Soil vapor investigations, groundwater monitoring, and dense non aqueous phase liquid measurement and removals have been conducted. Perch|oroethy|ene and trich|oroethy|ene and their degradation products are the primary VOCs in the subsurface at this site. An off-site shallow soil vapor survey was conducted to assess potential indoor air impacts related to soil vapor intrusion to nearby residential properties' which was found to not be an issue. Groundwater investigations and monitoring were conducted to evaluate the presence and extent ofVOCsin the upper two water-bearing zones and a microcosm bench-scale study was performed to assess the potential for insitu bioremediadonofVOC impacted groundwater.
Subsequent phases of work included operating anon-site SVE interim measure using GEO's proprietary "CY technology, hydraulic testing, long-term monitoring of groundwater, and conducting an in situ bioemediation pilot study for impacted groundwater under a site-specific Waste Discharge Permit issued by the RVV(]CB.A Corrective Measures Study (CMS) was prepared to support selection of methods for remediation of soil and groundwater impacts related to chlorinated solvents. Groundwater modeling was used to support the alternatives analysis for the groundwater remedies. The CK4S was approved by DTSC and a Corrective Measures |mp|ementadonVVorkp|an is currently being developed. 22pnopoovT.0282
Page avfa
Exhibit 221
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Senior Associate � � | �
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Summary Professional Summary
Ms. Shiow-VVhei Chou has more than 23 years of experience in Yei"1111's 01"', environmental engineering and consulting. Her expertise 23 (23 with Wood) includes hazardous waste site investigation and emediadon; design construction and imp|ementadonofinnovadve
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emediadon technologies; and project management. She has Costa Mesa, California managed or served as a technical lead for projects involving site i C i:"It���a I III, assessments; feasibility and pilot studies; design, construction, Master ofScience Civil and implementation of various remedial measures; operations, maintenance' and monitoring (OK4£kK4) of soil and groundwater Engineering, Civil Engineering, maintenance,
systems; system optimization; regulatory
of California, Irvine, 2007 compliance and permitting; and site closures. She has extensive Bachelor ofScience, Environmental experience working with the California Regional Water Quality Engineering, University of Control Boards (RVVQCBs)' United States Environmental California, Irvine, 1999 Protection Agency Region IX, the California Department ofToxic Bachelor ofScience, Biological Substances Control (DTSC)' and other regulatory agencies in Sciences, University of California, California. Shiow-VVhei is an experienced project manager with Irvine, 1999 strong skills in client management regulatory agency and public interaction, project controls, and technical review and delivery.
Ce irtll�ci"It�a I iiiis ��������
. Experience
Professional Engineer, Civil, CA
66044 2004 Confidential Superfund Site, Southern California Project Responsible budgeting and client
���e�s ��� ��������� �-, � ' '
and regulatory interactions at a former drum reconditioning w Remedial Design facility.The project involved design and implementation of soil w Remedial Implementation and groundwater remedies including a dual-phase extraction system and a groundwater extraction and aboveground
w Site |nvestigadon/Remediadon advanced oxidation treatment system toemediate soil and w Project and Construction groundwater impacted with chlorinated volatile organic Management compounds (VOCs) and 1'4-dioxane. Pre-construction tasks included site investigations, pilot testing, preparation of remedial planning documents, design drawings and
specifications, bidding' permitting and identification of substantive requirements. Construction management tasks included construction oversight hazardous waste management regulatory reporting, and schedule and cost control. Operation and maintenance (O£kK4) of the soil and groundwater
emediadon systems included preparation of the O£kK4 manual, regulatory compliance, system optimization, performance | monitoring, and reporting.
|
22pnopsovT0282
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Exhibit 222
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Senior Associate � � | �
�����|��[ ��V|����������/ �n[�|n����[ ~ � �� �� ��� �
Confidential Remmediation Project, Beaumont, CA
Project Manager. Managed the permitting, design, and construction of three remedial measures ina emote and biologically sensitive area: soil excavation and ex situ bioLeatmentfor perch|oete; soil excavation and offsite disposal for metals; and construction of biobarherto remediaAa pench|oeAa in groundwater. The project a|soindudeddesignandimp|ementadonofaninsituchemica| oxidadonpi|oL test as a contingency measure for 1,4 dioxane in groundwater. As part of the design phase, reviewed the conceptual site model (CSM) focusing on the hydrogeology and fate and transport of perchlorate in groundwater. Based on this review, an additional assessment was conducted to verify the CSM and the conceptual design for the biobarrier. The additional assessment consisted of a seismic refraction survey to assess the approximate depths to bedrock and drilling of boreholes for lithologic assessment, potentiometric data, and collection of discrete-depth groundwater samples for perchlorate analysis. The assessment results supported the CSK4' supplemented the basis for the biobarrier and monitoring well network design, and supported the elimination of deeper groundwater monitoring wells.
Also worked with the Santa Ana RVV(]CBto obtain Waste Discharge Requirements for both the biobarher system and the |SCO pilot test. OK4£kK4of the biobarrieris ongoing. The project was |aterexpandedto include OM&M of an advanced oxidation process system for remediation of 1,4-dioxane in groundwater at a companion site and groundwater monitoring and reporting for more than 300 wells at both sites.
Responsibilities have included client, regulatory, and stakeholder interactions; management of the design' permitting, construction, and OK4£kK4 of the remedial measures; management of health and safety and quality control; and schedule and cost control.
Danis Chemmical, DTSC, Los Angeles, CA
Project Manager. Managed an extended SVE pilot test to address chlorinated VOCs in soil. Optimized the SVE system operation and conducted a rebound test following system shutdown to verify remediation progress. Led the data analysis and submittal of site closure report and received DTSC concurrence with our recommendations for no further action.
Site Assessment and Remmediation, Fuel Pipeline, Santa Fe Pacific Pipelines Partners, L.P., Norwalk, CA
Project Manager. Implemented remedial measures for removal of free product and treatment of petroleum hydrocarbon constituents in soil and groundwater at a decommissioned military facility that has been impacted with gasoline, diesel, and jet fuel. Also developed and implemented strategies and work plans for additional site assessments and remediadon system optimization. Remedial measures for this site consisted of free-product ecovery' groundwaterextraction' soi| vaporextraction' and phytoemediadon. Responsibilities included project management, O£kK4' performance monitoring, regulatory compliance monitoring' reporting, communicating with client and regulatory agency personnel, and presenting status reports and information at quarterly public meetings. 22pnopoovT.0282
Page zvfz
Exhibit 223
=~a"°ey Saylor, PE, PH m
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Senior Associate /— | � '
.�<�[l|(�[ ^�|V|/ �[l(�|[l<�<�[ ~ � `=- ~�- -�~� Summary Professional Summary
Daney Saylor has more than 22 years of experience in civil and Yei,'1111's 01", environmental engineering and consulting. His expertise 22 (21 with Wood) includes water resources engineering, hydrology and drainage engineering, and His project
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experience includes plans, specifications, and estimates (PS£kE) Costa Mesa, California preparation, hydrologic modeling and hydraulic analysis, i C i:"It���a I III, drainage design, stonnwater management, soil and Master ofScience, Civil groundwater emediadon system design, operation and maintenance of treatment systems, engineering feasibility Engineering, UniversityofKentuc�� studies (FSs) preparation, and construction cost estimates.
Lexington' 2001
Bachelor ofSdence
Daney has engaged in numerous design pnyectsengingfrom
' Civil deftingconceptual designs for FSstocomp|edonofdetailed Engineering, UniversityofKentuc�� PS£kE documents for both private and public clients. He has Lexington' 1999 participated in design projects in various roles and has served as Master of Fine Arts, Photography the engineer-of-record on projects. Daney's designs have and Media, California Institute for encompassed water supply, pipelines, drainage infrastructure the Arts, 2012 and Best Management Practices, wastewater treatment, and ii s genera| sitedvi| engineering
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iis ������ Daney'saeasofexpe�iseindudehydro|og� drainage' and ' stonnwatermanagemenL He has participated in numerous Professional Engineer, Civil, CA projects in California and Washington involving hydrologic and 65050 200�
' hydraulic analysis of existing sites, numerical modeling of Professional Hydrologist, hydrology and hydraulics, and planning and design of 15-H-7011' 2012 conveyance, treatment, and attenuation systems.
Aii�'ei'ls o'l' Experience
w Civil Engineering Remmediation System Construction, Confidential Client, w Environmental Engineering Vernon, CA
w Soil and Groundwater Engineer-of'Record. The remedial action for this Remediadon 25-ace' former aluminum manufacturing site, impacted with chlorinated and Stoddard solvents, included soil vapor
w Hydrology extraction (SVE) and biovendngtoaddress soil contamination. w Water Resources Engineering The site was redeveloped into two properties for industrial use requiring the design of two SVE systems using the existing 58 w Hydraulic Engineering requiring
wells. After review of the developer plans, design plans were prepared that routed the SVE pipelines and appurtenances around the proposed buildings, utilities, and improvements.
Worked with the developer's engineers and architect to plan for the various designs to consider and resolve potential conflicts.
Prepared cost estimates and completed the plan check process. 22pnopoovr0282
Page of
Exhibit 224
=~a"°ey Saylor, PE, PH m
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Senior Associate /— | � '
.�<�[l|(�[ ^�|V|/ �[l(�|[l<�<�[ ~ � `=- ~�- -�~� Confidential Remmediation Project, Beaumont, CA
Engi neer-of-Record. Prepared design plans, calculations, and specifications for the remedial action for a southern California site. The design for the remedial action addressed pench|oete and metal-impacted soil and perch|oete-impacted groundwater. The remedial action for soil utilized ex situ bioLreatmentfor pench|oete-impacted soil and excavation and off-site disposal for metals-impacted soil. The remedial action for groundwater consisted of the design of passive' biobarhertench that intercepted and treated shallow groundwater. The design process included successive submittals, each building on the previous iteration by addressing both the client's technical consultant and oversight agency reviews, comments, and observations. Provided engineering support throughout construction of the remedial action.
Confidential Supenfund Site, Southern California
Senior Engineer. Prepared construction plans and cost estimates for a groundwater extraction (SVVE) system for an industrial Superfund site. The design of the GVVE system included extraction wells located on multiple private properties requiring a conveyance pipeline located in the public right-of-way. The design required discussions with and approval from private property owners and the City ofSouth Gate in the development of easements for the system. Directed initial implementation ofthe Los Angeles County Sanitation District wastewater permit for treated effluent disposal, which included flow meter calibration, discharge testing, and permit reporting. Provided support for troubleshooting and optimizing operations of the dual phase extraction and GVVE system.
Water Supply Well Facilities Design, Glendale Water & Power, Glendale, CA Senior Engineer. Prepared PS£kEsfor a 3500-foot-long, 8-inch-diameter ductile iron pipeline; a 250 gpm production well; pump facilities; sodium hypoch|ohte disinfection system; and site improvements (site grading, retaining walls, paving' disinfection system building, drainage infrastructure, and fencing).
Coordinated and oversaw production of control system and electrical plans. The pipeline was located in the public right-of-way under Foothill Boulevard and terminated at the connection to the sub-surface concrete reservoir at New York Avenue Park. Provided support during construction by reviewing submittals and replying to requests for information and changes. Assisted the City with well permitting and interactions with the California Department ofPublic Health.
Plans and Specifications for Extraction Wells and Pipeline, Confidential Client, North Hollywood, CA
Engineer-of-Record. The goal of this superfund project was to emediate the groundwater aquifer impacted by chlorinated solvents. The project involved interactions with various stake holders and the Environmental Protection Agency.The scope of work included the production of design documents to progress the design of the remedial action. Led the production of design plans and specifications for a 12'000-fooL-long, 14-inch-dia meter pipeline and extraction well facility inan urban residential and commercial area. Four extraction wells were designed to produce an overall 2050 gallons per minute of flow to be conveyed to the existing treatment plant. Prepared design reports, schedules, cost estimates, and an operations, maintenance' and monitoring plan. Oversaw the production of waste disposal plan, permit applications, storm water pollution prevention plan, geotechnical investigation, and utility potholing. The project required multiple field reconnaissance toidentify potential extraction well sites in a fully developed neighborhood. Design was an iterative process that considered comments from both the client's technical consultant and regulator.
22pnopoovr0282
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Exhibit 225
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Senior Engineer Environmental
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S mma Profess~onaU Summary
Susan isanenvironmental professional with experience in Yei"1111's 01"', environmental emediadon, environmental compliance, and civil 11 (5 with Wood) engineering. Her focus at Wood includes providing support for design cost and operations, monitoring and
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maintenance work related to groundwater, soil, and soil vapor Oakland, California treatment and containment systems. This includes treatment i C i:"It���a I III, system scoping and design, ensuring compliance with various Master ofSdence
environmental permit and other regulatory requirements, and ' pedbrmingspada| and temporal data analysis toevaluate Civil/Environmental Engineering' contaminant distribution.
Fluid Mechanics/Hydrology,
Stanford University' 2012 She also has speda|ized expe�iseinthe investigation and cleanup of contaminated sites and a history of advising clients Bachelor ofScience, Earth Systems; on environmental compliance, liability, and cost recovery Biology (minor)' Stanford matters. Susan is highly knowledgeable of federal, state' and University' 2010 local environmental regulations, including CERCLA, RCRA. and Coursework' Pollution £k Hydrology, CVVA' as well as hazardous waste, stormwater, and other Princeton Groundwater, Inc., 2013 environmental requirements. She has native fluency in English ii s ^ and Spanish and has experience with the following so�software��� applications: K4icrosoftOffice; AncG|S; EPANET/HEC; AutoCAD; � ��������
° and LCA SimaPro.
Professional Engineer, Civil, CA Experience
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91310, 2020
Former Allied Signal Park One Site, Confidential Client, AiiiI�"ei:"Is ol' Los Angeles, CA
w Groundwater, Soil, and Soil
Task Manager. Design task lead for interim and full-scale Vapor Treatment System groundwater containment system for treating 1'4-dio«ane and Design and Operation chlorinated volatile organic compounds through groundwater w Environmental Monitoring and extraction, treatment through advanced oxidation process and Regulatory Compliance granular activated carbon' and reinjection. Managing design team in preparing interim groundwater containment system design, procurement, permitting, construction, and
commissioning. Managed design team in preparing 30% design package and report fora full-scale treatment system.
Coordinated field activities for pilot test construction' commissioning, operation, and decommissioning, and
developed pilot test completion report.
Task Manager: Newark, Confidential Client, Newark,
CA
Task Manager. Coordinated six consecutive semi-annual soi| vapor and ambient air sampling event. Site was subject topost- closure permit' and sampling events were required to adhere to post-closure permit requirements. Sampling events included | mobile lab soil vapor sampling onsite and inresidential |
22pnopoovr0282
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Exhibit 226
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Senior Engineer Environmental
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backyards, and ambient air sampling using 6-L Summa canisters. Following sampling events, responsibilities included analytical data review and analysis as part of semi-annual report preparation.
Annual Point Cap Inspection, The John Stewart Company, Richmond, CA Project Manager. Perform annual cap inspection and prepare inspection report.
Residential Treatment Systems, Fairchild Airforce Base, Spokane, WA Engineering Field Staff. Performed site visits for residential groundwater treatment system design for teatmentofper- and po|yf|uoroe|ky| (PFAS). Oversaw subcontractors performing field installation of treatment systems. Managed he|p|ine for issues related to treatment system installation and performance' and interim water supply provision.
North Hollywood Operable Unit, Confidential Client, Los Angeles, CA Engineering Professional. Developed design criteria fora 1'000 and 6'000 gallon per minute treatment system. Prepared equipment layouts, pump sizing calculations, and wellhead designs.
Vapor Mitigation System Plan and Report Development
Task Manager. Developed or reviewed the Site Management Plan, Institutional Controls Plan, Financial Assurance Plan, and other regulatory documents. Performed and coordinated ambient air sampling using Summa canisters and vent riser sampling using Ted|ar bags' including ensuring regulatory compliance for sampling frequency and detections.
MEW' Confidential Client' Mountain View, CA
System Engineering Professional. Coordinated weekly inspections, monthly sampling events' and regular maintenance and housekeeping for treatment system including groundwater extraction, advanced oxidation process and air stripper treatment, and discharge to storm drain. Monitored inspection forms and data collected to confirm treatment system operating parameters and compliance. Performed treatment system and well operation troubleshooting. Prepared annual progress report for submittal to the Environmental Protection Agency.
Treatment System Relocation, Confidential Client, Rancho Cordova, CA Responsible for preparing the design of the Southern Groundwater Study Area (SGSA) treatment system relocation. Responsibilities include coordinating access and stakeholder engagement, preliminary design preparation, cost estimation, and regulatory permitting and approvals.
Supenfund Site Focused Feasibility Study, Confidential Client, San Jose, CA Technical Manager/Project Engineer. Supported the joint preparation of focused feasibility study between several stakeholders for the subject Superfund site. Effort includes performing remedial technology scenario cost estimates, coordinating remediation scenario comparative modeling, and collaboratively drafting and reviewing focused feasibility study report components. 22pnopoovT.0282
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Exhibit 227
Jorge � �o�
Perez, w `�
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Senior Geologist
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Summary Professional Summary
Mr.Jorge Perez has nine years of experience coordinating and Yei"1111's 01"', managing groundwater monitoring and sampling programs, 9 (9 with Wood) supervising drilling for groundwater and soil investigations, and (),1111ce oil� rii oyiI irii e I ift preparing and reviewing investigation reports. He is Costa Mesa, California experienced in supervising field programs and implementing drilling techniques including reverse circulation drilling, mud i C i:"It���a I III, rotary, sonic, hollow-stem auger, cone penetration testing, and Master ofScience, Earth Science, dual tube percussion drilling methods. Jorge is experienced in UCSD' 2013 groundwater well and soil vapor probe installation and Bachelor ofScience, Earth Science, sampling. He has supervised the collection of groundwater, soil UCSD' 2011 vapor and soil samples and has utilized various techniques for sampling.Jorge has also coordinated sampling programs for ii s per- and po|vf|uoroa|kv| substances (PFAS) investigations. iiiis ��������� Experience
°
Professiona| Geo|ogistCA, 968�
2019 Remmediation System Construction, Confidential Client, CA���e�s ��� Vernon,
w Geology Task Leader. Responsibilities include coordinating with project managerto review general work plans, communicating with the w Management ofField Sampling client, maintaining documents' overseeing/coordinating and Investigations groundwater sampling events, and processing/evaluating w Groundwater Sampling
chemical data. Groundwater samples are collected using either low-flow pumping methods orno purge sampling (e.g.
w Drilling HydeS|eeves). Supervise the drilling and the installation of w Well Installation monitoring wells to depths ofapproximately 170 feet to assess groundwater conditions. Discrete groundwater samples are w Soil and Groundwater
collected using ahydropunch tool and analyzed for volatile Monitoring Reporting organic compounds (VOCs). VVe|| logs were prepared using the Unified Soil Classification System. Update and manage quarterly groundwater sampling and report.
Industrial Facility, Burbank CA
Project Manager. Responsibilities include coordinating sampling events with client and groundwater team, evaluating data, updating technical reports, and conducting safety audits.
Groundwater samples are collected using dedicated low-flow sampling equipment at an approximate depth of380feet below ground surface.
22pnopoovT.0282
Page of
Exhibit 228
Jorge � �o�
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Senior Geologist
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Port of Los Angeles (POLA) Environmental Site Assessment (ESA) and Restoration Services On-Call Contract
Field and Task Leader. Provided Phase |/|| ESAs and monitoring/sampling support. Tasks for this on-call contract included budget planning, scheduling subcontractors, coordinating with POLA, overseeing field work (baseline soil and groundwater sampling, and soil excavations), processing and evaluating analytical data, and reporting. The baseline soil and groundwater assessments were conducted using hand auger sampling and direct-push drilling methods for the collection of discrete soil and groundwater. Sample results were compared to industrial regulatory screening levels (RSLs)' including waste characterization criteria for metals, toestablish baseline conditions and toassess potential future disposal requirements for soil. An additional soil and groundwater investigation was conducted in an area of former rail line to support redevelopment. Atthis location, soil removal was performed to address soil results above RSLs.
Groundwater Monitoring, Southern California
Task Leader. Responsibilities included coordinating the gauging and sampling of approximately 300 wells, updating, and reviewing technical reports (semi-annual groundwater report, sampling and analysis plans, and health and safety plans), and processing and evaluating analytical data. Groundwater sampling plans are modified yearly to enhance the well networks integrity. Groundwater samples are collected using dedicated and non-dedicated low-flow sampling equipment.
On-Call Geoennironmmental Services, Groundwater Monitoring and PFASUnnestigation, John Wayne Airport, Orange County, CA
Field Supervisor. Tasks for this on-call contract have included producing environmental baseline assessments of airport and tenant facilities; managing total petroleum hydrocarbon (TPH) free product recovery, groundwater monitoring (PFAS' TPH' and VOCs)' and reporting for a former fuel farm facility; and implementing a free product inspection, groundwater monitoring, and reporting program for a new commercial fuel farm facility. Provide oversight for soil and soil vapor probe installation and analysis for various task orders.
Remedial Design and TreatabilitwStudy- Formmer Wax Paper Manufacturing and Printing Facility, Commerce, CA
Task Leader. Responsibilities included communicating with overseeing agency, maintaining documents, overseeing and coordinating groundwater sampling events, and evaluating analytical data to maintain the integrity of the well network. Groundwater samples were collected using low-flow pumping methods. 22pnopoovT.0282
Page zvfz
Exhibit 229
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Caryn Kelly has 24years of experience in toxicology, health risk Yei"1111's 01"', assessment and air toxics regulations compliance. By working 24 (23 with Wood) closely with state and federal regulatory personnel, Caryn has successfully completed these evaluations in compliance with (),1111ce ol�
risk assessment methodologies prescribed by the California Sacramento, California Environmental Protection Agency (e.g, Department of Toxic i C i:"It���a I III, Substances Control [DTSC], various Regional Water Quality Control Boards [RVV(]CBs]' and OfficeofEnvironmental Health Bache|orofSdence Environmental' Hazard Assessment [OEHH/]) and the United States Toxicology, University of California at Davis, Environmental Protection Agency (U.S. EPA). In addition to ' �A' 1999 evaluating environmental remediadon related health risk, she h focused i quality |i for the AB2588
�� � as ocuse on air y compliance r e program �� ��������
and California Environmental Quality Act (CEQA) compliance. � .
- Hertechnica| experienceinc|udesdataeva|uation; exposue �PPS' September2020 assessment; various fate and transport modeling, including vapor intrusion and off-site air dispersion modeling; and report preparation. Her areas of expertise include risk assessments w Environmental Risk Assessment
performed for remedial investigations, state and federal w Air Quality
superfund health risk assessments, state and municipal
w Proposition 65Compliance
Brownfield redevelopment projects, CEQA evaluations, and risk- w Consumer Product Safety based support during remedial action plans (RAPs) and feasibility studies (FSs). Caryn also specializes in developing air monitoring plans for use during remedial work and estimating off-site neighborhood impacts to air quality prior to
implementation ofremedial measures.
Experience
Vapor Intrusion Investigation and Multiple Human
Health Risk Assessment (HHRA), Confidential Client,
Southern California
Senior Associate/Principal Toxicologist. Provided overall review of the development of the risk-based approach to soil gas and indoor air monitoring in multiple off-site residential and commercial areas for a site under RVV(]CB oversight. Provided oversight of the HHRA development approach. Provided review of multiple HHRAs. Participated in regulatory negotiations with the RVV(]CB/OEHH/\ Participated in public outreach meetings.
HHRA, Formmer Ford Aerospace and Communications
Corporation Facility San Juan Capistrano, CA
Assodate/Prindpa| Toxico|ogisL Provided risk-based strategies and support for several tasks during the Deft Resource
| Conservation and Recovery Act Facility Investigation. Former |
22pnopoovT.0282
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Exhibit 230
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site operations included research, development, assembly, and testing of munitions, including 25 millimeter(mm) and 40 mm ammunition, and components. Both incremental and discrete soil samples were collected to characterize the nature and extent ofpotential munitions constituents at the three former firing ranges. Developed background threshold values to identify chemicals of potential concern for the human health and ecological risk assessment. Successfully performed the evaluation with minimal comments from DTSC.The HHRA Work Plan successfully streamlined the HHRA process with a complicated conceptual site model (10 exposure areas, five environmental media' and five receptor populations). DTSC approved the work plan in less than two months' allowing quick progression to conducting the HHRA.
HHRA/RemmedialAction Completion Report, Agri-Chemical & Supply, Unc~ Oceanside, CA A vapor intrusion HHRA was initially prepared based on soil vapor sampling conducted at four shallow soil vapor probes.The indoor air quality assessment was conducted in accordance with the Interim Remedial Action Plan Excavation and Off-Site Disposal of Soil Containing Fee Phase Hydrocarbon. Both the HHRA and a Conceptual Site Model report were submitted to the San Diego Department ofEnvironmental Health to support closure of the site. Although the site did not meet all of the required criteria of the State Water Resources Control Board's Low-Threat underground storage tank policy, multiple lines of evidence were used to recommend site closure and that no further action be required.
HHRA from Construction and Diesel Particulate Matter, City of Santa Monica, Ocean Avenue Project, Santa Monica, CA
Senior Associate Toxicologist. Provided lead technical oversight in preparation of an HHRA that evaluated off-site health risks from construction related Toxic Air Contaminant (TAQ emissions created by the redevelopment project. The project was proposed as part of the Ocean Avenue Project Environmental Impact Report project site. The objective of the risk assessment was to evaluate the potential health risks to neighboring commercial and residential building occupants from TAC emissions created during demolition, excavation, and grading. Health risks were compared toCE(]Athresholds.
HHRA, FS and RAP, Demolition and Remmediation of a Former Aluminum Manufacturing Facility, Vernon CA
Associate Toxicologist. Supported an HHRA prepared to assess areas of the site that warranted emediadon based on an anticipated future industrial land use scenario. Risk-based emediadongoa|s (RBRGs) were developed for Polychlorinated bipheny|s (PCBs)' as total Arodors and as Arodor 1254' detected in concrete and soil. The RBRGs for PCBs took into considerations not only the Aroclor compounds but also the dioxin-like PCBcongeners (congener-spedficana|ysis). Considering the high costs associated with PCB congener-spedficana|ysis' a statistical approach was developed based on the analysis ofdioxin-like PCB congeners and Aroc|ors that was ultimately accepted by U.S. EPA' and the RBRGs for PCBs were approved. This approach allowed for cost-effective decision-making basedontota| Arodorconcentradons while satisfying U.S. EPA's concerns for the dioxin-like congeners.
Based on the findings of the HHRA, an FS/RAP was prepared pursuant to an Imminent and Substantial Endangerment and Consent Order issued by DTSC' and a PCB Notification Plan (Plan) was prepared pursuant to the Toxic Substances Control Act for the PCB elements of the RAP. The remediation work under the RAP and Plan included 1) removal and off-site disposal of PCB impacted concrete, 2) off-site disposal of PCB- andarsenic-impactedsoi|sandsha||owexcavadon' 3) design' constructionandoperadon of soil vapor extraction (SVE) system to mitigate chlorinated volatile organic compound (VOC) impacted soil, and 4) design' construction' and operation of biovendng/SVE system to mitigate Stoddard solvent impacted soil.
22pnopoovT.0282
Page zvfz
Exhibit 231
Timothy Reinhardt, CNH �m�m��
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«� Associate Hygienist
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Summary Professional Summary
Tim Reinhardt has more than 39years of experience as an Yei"1111's 01"', industrial hygienist/environmental scientist. He has prepared 39 (16 with Wood)
and reviewed hundreds of site-specific health and safety plans ol� irii oyiI irii e I ift (HASPs) for contaminated sites, specifying controls and Seattle, Washington measurement methods to minimize occupational exposure to hazards during site investigation and emediation. He develops i C i:"It���a I III,
risk-based criteria to protect public health from site cleanup Master ofSdence Forest Resources,' operations, and applies ambient air monitoring methods to University ofWashington, 1987
demonstrate the effectiveness of emission controls when there Bachelor ofScience, Environmental are sensitive receptors nearby. His comprehensive knowledge Science, Washington State University' of environmental health and safety (EH£kS) regulations and 1982
liabilities gained from program development, implementation, iiiis 1,S technical support and hundreds of environmental, health and safety compliance audits help him anticipate and quickly c e i"i,s e s
recognize potential compliance problems.
Certified Industrial Hygienist US' 5816
Tim has in-depth familiarity with EH£kS compliance issues at AiiiI�"ei:"Is al' diverse facilities, including government operations, electronics w Risk Assessor Health
and mechanical fabrication and assembly plants water/
w Safety/Occupational Health Engineer wastewater treatment plants, chemical plants, flammable and combustible liquid blending and packaging plants, automotive and truck maintenance' telecommunications, marine terminals and shipyards' aviation facilities, mines and mineral processing facilities, hazardous waste facilities, coal and gas-fired power plants, and natural gas utilities. His experience facilitates timely recognition of compliance problems.
Experience
HASP, Initial Assessment of PFAS Substances at Naval
Air Station Lemmoore, Naval Facilities Engineering
Command Southwest, Lemmoore, CA
Technical Lead. Reviewed potential hazards associated with installation, sampling and abandonment oftemporary
groundwater monitoring wells, and redevelopment and
sampling of existing groundwater monitoring wells. Supervised development of site HASP to characterize the distribution of Per- and po|yf|uoroa|ky| substances (PFAS) in soils and groundwater. Reviewed Agency for Toxic Substances and
Disease Registry draft toxicological profile for PFAS' and adopted the occupational exposure limit for perf|uorooctanoic acid from Germany asa representative compound for this class of chemicals. Established work practices and monitoring to verify remedial investigation teams were safe and not
overexposed to these chemicals and other site chemicals of | potential concern during the site investigation work. 22pnopoovT.0282
Exhibit 232
Timothy Reinhardt, CNH �m�m��
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«� Associate Hygienist
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Phase U Environmental Site Assessment EH&S Compliance Audit, Confidential Commercial Client, Central CA
Led a comprehensive EH£kS compliance audit of an agricultural product research/development lab and seed treatment facility.The audit reviewed the physical plant and operations for opportunities to improve regulatory compliance. Summarized action items needed to achieve compliance with Occupational Safety and Health Administration EH£kS regulations and presented results toclient management team.
Job Hazard Analysis/ Injury and Illness Prevention Program (UUPP), Confidential Commercial Client, Stanton, CA
When requested by legal counsel to review and update the ||PPata metal finishing facility, a job hazard analysis was developed for diverse site operations, including a chemistry laboratory, anodizing and plating lines, abrasive blasting, and spray coating using materials such as hexava|entchromium [chrome(V|)]' cadmium and nickel. After observing operations and controls, occupational exposure assessments were recommended for noise, chrome(V|)' nickel and cadmium. The results drove improvements tospray booth' parts abrading, and dip tank facilities to reduce contaminant exposures as much as feasible, and improvements in personal protective equipment tocontrol remaining exposures. Directed testing to demonstrate that occupational noise levels among staff using compressed air for parts cleaning and drying could be educed below the action level by selecting low-noise air guns and reducing air pressure by modest percentage. The ||PPwas revised to include a hearing conservation program' cadmium compliance program, and controls for chrome(V|)' as well as comprehensive revisions tothe chemical hazard communication and Proposition 65 notification programs, respiratory protection plan, emergency action plan, and procedures for confined space' fall protection' |ockout/tagout forklift, flammable liquids, electrical safety' radiation safety' personal protective equipment and other health and safety compliance programs. Worked closely toeducate staff in safety requirements and procedures and developed a compliance calendar with periodic action items to help the facility achieve regulatory compliance.
EH&S Compliance Audit, Confidential Commercial Client, Burbank, CA Project Manager/Technical Lead. Responsible for several third party independent reviews more than 15 years of E£kHS compliance issues at a high-pressure hydraulic pump and electrical instrumentation production plant for the aerospace industry. Reviewed status of compliance with all applicable regulations and code requirements for topics such as chemical safety' lockout-tagout confined space entry' fall protection, flammable and combustible liquids storage and handling, compressed gases, personal protective equipment, spray coating operations, occupational noise exposure, and electrical safety.
Received subsequent requests to help the facility with specific compliance action items' including occupational exposure assessment and development of energy control procedures.
Multimedia EH&S Compliance Audit, Confidential Commercial Client, CA Lead H£kS Auditor. Performed audits for three pharmaceutical manufacturing sites located in southern California fora due diligence pre-acquisition review. Worked underattorney/dient privilege as part of an audit team.Wood's Compliance Manager software was used for the audit protocols and to generate reports to help the company evaluate the relative risk related to each audit finding and make corrective action decisions.The audits were conducted to assess the facility's compliance with federal, state' and local environmental requirements. Environmental media covered in the audits included air quality, wastewater/stormwater, hazardous and solid waste' spill prevention and control, storage tanks, emergency planning and community right-to know' and toxic substances, as well as specific internal Corporate environmental requirements. Each audit consisted of an opening conference; thorough site walk to observe facility operations and EH£kS management procedures; records review; and a dosing conference to discuss preliminary findings.
22pnopoovT.0282
Page zvfz
Exhibit 233
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Associate Engineer � � |
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K4c K4ahesh K4ettu has more than 20years of environmental Yezlii� oi:' ',Xlpeii�iii e ri:c e consulting and project managementexpehencewithphvaAa 20 (18 with Wood) and public-sector clients. He currently serves as the Southwest Division Liaison for Amtrak's national account and engages staff ce o,f'
across multiple offices and states. He currently oversees and Costa Mesa, California serves as a Project Manager for a site with the California Department of Toxic Substances Control (DTSC) Imminent and Master ofSdence
Substanda| Endangerment Order and refinery groundwater
' Civil and emediadon' treatment and eusesystem (GTS) opeedon £k Environmental Engineering, maintenance (O£kK4) contect.
UniversityofNewOdeans' 2001
Bachelor ofSdence
K4ahesh routinely works with office practice leaders toscope, ' Civil cost, and plan investigation and emediadon projects and 1999
Engineering, Osmania University' support environmental compliance tasks. He has experience working with Regional Water Quality Control Board (RVVQCB)' e �A iii�i"I't���a ri! DTS�, and other agencies and has assisted clients in p nU ect planning, imp|ementadonandmanagementofinterdisdp|inary
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Professional Engineer, CA' C76447' projects including contaminated site characterizations, vapor intrusion assessments, and environmental site and emediadon 2010
of sites where soils and groundwater were contaminated with Qualified Industrial Stonnwater chlorinated solvents and petroleum hydrocarbons. He has Pectidoner(0SP) for the California written remedial action plans (RAPs)' evaluated emediadon NPDES Industrial General Permit technologies and provided installation oversight ofremedial 2014-0057-DVVQ, 2020 technologies including, soil vapor extraction (SVE); ex-situ groundwater treatment using air-stripping' biological treatment, ��� �� ! �� �����t�� e
and adsorption technologies.
w Project Management Experience
w Site Investigations
/Remediadon Amtrak National Contract
w VI Assessments Southwest Division Manager. Has been successfully managing w Groundwater Treatment the southern California stormwater management services Systems O&M contract and management of ongoing Remedial Action Objectives (RA[) project associated with the Amtrak LA Yard, as w Spill Prevention Plans well as managing various Amtrak projects from California to w Storm Water Compliance
Texas. Routinely engages Wood resources across states and offices to support Amtrak business and has successfully expanded Wood's support across northern California.
22pnopoovT.0282
Exhibit 234
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Remedial Investigation and Risk Assessment,� Amtrak Redondo Junction' Los Angeles, CA
Project Manager. Project involves ongoing site investigation, risk assessment, and feasibility studies conducted under DTSC RAO. Supported the project in other roles (project engineer and task leader) during various phases of on-going activities for the site. Performed multiple rounds of site investigation activities at the site, and drafted sections of the remedial investigation (RI) report. Subsequent to completion of the RI, coordinated additional soil vapor investigations to update and draft Human Health Risk Assessment (HHRA).
Led indoor air sampling planning and field activities (Summa canisters and long-term passive samplers (Radie||o 130. [ompi|ed' interpreted, and managed large and complex data sets. Supported business development activities, including proposal preparation, attending business and technical meetings.
Torrance Refinery Remediation Program, Torrance Refining Company, LLC, Torrance, CA
Contract Lead/Project Manager. Responsible for providing general consulting and engineering support for the refinery's 1'000-gallons per minute GTS.The GTS is a fixed-bed biological reactor with multimedia filter and liquid granular activated carbon vessels as polishers and the primary role for this contract is to manage and optimize GTS operations and reuse. Routinely oversees subcontractor-led GTSfie|d operations and manages daily operations; reviews process and analytical data for system optimization; and reviews equipment and provided recommendations for spares. Prepares contractor work scopes for maintenance events that involves multiple refinery trades (mechanical, instrumentation, fixed equipment' etc.). Reviews reports prepared by the GTS operating contractor and coordinates the execution of work performed by refinery and 3rd party maintenance trades, including mechanical, electrical, instrumentation and controls, inspections, and supporting contractors. Leads monthly process O&M meetings and reviews safety, maintenance, and reporting metrics for client. Oversees work scope development and coordinates with 3rd party engineering resources for detailed design ofGTS upgrades and modifications, including reviews of Issued for Approval, Issued for Construction, and related engineering packages.
Site Contamination Remmediation, Inglewood, CA
Project Manager/Engineer. Responsible for O&M of 500 standard cubic feet per minute SVE system fora site impacted with chlorinated hydrocarbons' primari|ytetech|oroethy|ene and trich|oroethene.
Supported project during planning, procurement, and installed an SVE unit. Supervised field teams for execution of scopes and coordinated facility management/tenants in efficient operations of the SVE system. Prepared remedial progress reports and project progress presentations to client and Los Angeles RVVQCB. Prepared proposal drafts for principal review and attended business and technical meetings.
Performed indoor air evaluation at the site warehouse with office spaces. Coordinated with client and agency in order to perform the investigations. Evaluated data and prepared deft reports for risk assessor and project manager that documented the sampling leading to development of cleanup goals for the site.
The SVE system successfully removed significant quantities of volatile organic compounds to below site- specific cleanup goals.
22pnopoovT.0282
Page zvfz
Exhibit 235
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: Gustavo Romo, Community Development Director
SUBJECT: SECOND READING AND APPROVAL OF ORDINANCE NO. 928 AMENDING TITLE 3 OF THE BELL GARDENS MUNICIPAL CODE TO ESTABLISH CHAPTER 3.27 "DEVELOPMENT IMPACT FEES"
DATE: October 24, 2022
RECOMMENDATION:
It is staff's recommendation that the City Council conduct the second reading and approve Ordinance No. 928 amending Title 3 of the Bell Gardens Municipal Code to Establish Chapter 3.27, "Development Impact Fees." BACKGROUND/DISCUSSION:
On October 10, 2022, the City Council (by a vote of 5-0) adopted the Development Impact Fee Nexus Study and conducted the first reading and introduction by title only of Ordinance No. 928 amending Title 3 of the Bell Gardens Municipal Code to Establish Chapter 3.27, "Development Impact Fees" and waiving further reading thereof.
CONCLUSION:
If approved, Ordinance No. 928 will become effective 30 calendar days from October 24, 2022. Once effective, staff will schedule and notice an amendment to the City's Master Fee Schedule to add the subject Development Impact Fees identified in the adopted Nexus Study.
FISCAL IMPACT:
Adoption of the ordinance and the associated DI Fs will result in additional funds being recovered to offset the infrastructure impacts from new development. The cost to the City to maintain a DI F program is absorbed by existing staff who apply the fees upon building permit issuance, monitor the program to ensure appropriate collection and use, and manage the construction of capital projects once funds are collected. These costs can simultaneously be paid for by the DI F funds through the administrative charge and by charging staff time for project development as a project cost.
ATTACHMENTS:
Exhibit 1 - Ordinance No. 928
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 236
ORDINANCE NO. 928
AN ORDINANCE OF THE CITY OF BELL GARDENS, CALIFORNIA, ADDING CHAPTER 3.27 "DEVELOPMENT IMPACT FEES" TO TITLE 3 (REVENUE AND FINANCE) OF THE BELL GARDENS MUNICIPAL
CODE ESTABLISHING FEE GUIDELINES APPLICABLE TO CERTAIN
NEW ACTIVITIES AND DEVELOPMENTS WITHIN 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, the City recognizes that there will continue to be additional development and expansion within the City based on growth projections from the Southern California Association of Governments; and
WHEREAS, future development within the City boundaries will result in a demand for additional transportation facilities, parks and recreation facilities, general government facilities, law enforcement facilities and updates to the City's General Plan; and WHEREAS, the City may collect public facilities fees under authority granted by the State of California Mitigation Fee Act ("Act"); and
WHEREAS, the General Plan requires such development impacts to be mitigated by requiring that new development mitigate its share of the impacts to the natural and built environment to be fiscally neutral and not result in a net economic loss for the City; and WHEREAS, in accordance with the requirement that new development mitigate its share of the impacts, the City contracted with Willdan Financial Services for preparation of a Development Impact Fee Nexus Study ("Study") dated August 18, 2022, which recommends establishing development impact fees, and explains the nexus between the imposition of the fee and the estimated reasonable cost of providing the service for which the fee is charged; and
WHEREAS, the purpose of a development impact fee program is to ensure that new development pays the capital costs associated with growth; and WHEREAS, the City is forecast to see moderate growth that would create an increase in demand for public services and the facilities required to deliver them; and WHEREAS, the City shall allocate costs of planned facilities to accommodate growth in compliance with the Act; and
WHEREAS, the impact fee revenue shall be spent on new facilities or expansion of current facilities to serve new development; and
Exhibit 1 237
Ordinance No. 928
WHEREAS, the City finds it necessary to amend the Bell Gardens Municipal Code to establish administrative procedures and guidelines to facilitate the collection of fees for new developments.
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. Fee Determination by Type of Use.
A. Residential Development.
Development impact fees for residential development shall be based upon the square footage of the dwelling unit constructed. The proposed development impact fee categories correspond to the City's land use designations in the Land Use Element of the City's General Plan.
B. Nonresidential Land Uses.
Development impact fees for nonresidential land uses shall be based upon the square footage of the building. The proposed development impact fee categories correspond to the City's land use designations in the Land Use Element of the City's General Plan.
C. Uses Not Specified.
If there are land uses unspecified, the development impact fee for such use shall be determined by the City's Community Development Director or his or her designee who shall determine such fee based on an analysis of the impacts of the proposed use on public facilities in relation to other uses in the City's Land Use Element designations.
SECTION 3. Chapter 3.27 (Development Impact Fees) of Title 3 (Revenue and Finance) of the Bell Gardens Municipal Code is hereby added to read as follows:
Chapter 3.27
DEVELOPMENT IMPACT FEES
Sections:
3.27.010 Purpose and Applicability.
2of13
Exhibit 1 238
Ordinance No. 928
3.27.020 Definitions.
3.27.030 Exemptions.
3.27.040 Development Impact Fees.
3.27.050 Transportation Facilities Fee.
3.27.060 Parks and Recreation Facilities Fee.
3.27.070 General Government Facilities Fee.
3.27.080 Law Enforcement Facilities Fee.
3.27.090 General Plan Update Fee.
3.27.100 Resolution Establishing Fee Amounts.
3.27.110 Determination of Fees.
3.27.120 Payment of Fees.
3.27.130 Administration of Development Impact Fees.
3.27.140 Consideration in Lieu of Fees — Credit.
3.27.150 Development Impact Fee Nonexclusive.
3.27.160 Accounting for Fees.
3.27.170 Use and Disbursement of Funds.
3.27.180 Appeals.
3.27.010 Purpose and Applicability.
A. The purpose of this Chapter is to impose impact mitigation fees on new residential, commercial, industrial, and other developments in the city to offset the costs of upgrading and expanding public facilities and public services necessitated by such developments. This Chapter establishes the urban structure program for the adoption and administration of development impact fees by the City for the benefit of the citizens whereby as a condition to the issuance of a building permit by the City the property owner or land developer will be required to pay development impact fees or provide other consideration to the City for the purpose of defraying the costs of public expenditures for capital improvements and operational services which will benefit such new development.
B. General Use Guidelines
3 of 13
Exhibit 1 239
Ordinance No. 928
In addition to any use identified in a specific section of this Chapter, revenues raised by payment of identified impact mitigation fees may be used within the category of facilities for which they were established for the following purposes:
1. To pay for the design, engineering, right of way acquisition and construction of designated facilities and improvements and reasonable costs of outside consultant studies related thereto; and
2. To reimburse the city for designated improvements constructed with city funds from other sources, together with accrued interest; and
3. To reimburse developers who have designed and constructed designated improvements which are oversized with supplemental size, length, or capacity; and
4. To pay for and/or reimburse costs of program development and ongoing administration of the involved impact mitigation fee program.
C. The City Treasurer shall maintain funds.
D. The development impact fees established herein shall be imposed in an amount based upon a unit of measurement, including but not limited to, the gross square footage, or some similarly fair and reasonable basis to finance such capital improvement and operational services, the demand for which is generated by new development in the City.
E. New development impact fees shall not exceed the cost of providing capital improvements and operational services for which the need is attributable to those development projects that pay the fees.
F. This Chapter regulates fees for certain new developments. It requires an application process, establishes an administrative petition process, and provides for procedures and guidelines for the implementation of this Chapter.
3.27.020 Definitions. For the purposes of this Chapter, unless the context requires otherwise, the following definitions shall apply:
A. "Building permit" means the permit required for new construction and additions pursuant to this title. The term "building permit," as used herein, shall not be deemed to include permits required for remodeling, rehabilitation, or other improvements to an existing structure or rebuilding a damaged or destroyed structure, provided there is no increase in gross floor area of commercial or 4 of 13
Exhibit 1 240
Ordinance No. 928
industrial development or in the number of dwelling units in residential developments resulting therefrom.
B. "Development Impact Fee" are fees complied via extensive study towards certain new residential, commercial, and industrial developments.
C. "Capital Improvement" means any acquisition or improvement of public infrastructure (including park or open space land), purchase of vehicles or equipment.
D. "Capital improvements program" means the City's annually updated program indicating the approximate location, size, time schedule and estimates of cost for public facilities and improvements.
E. "City" means the City of Bell Gardens.
F. "Code" means the City of Bell Gardens Municipal Code.
G. "Commercial development" means any development designated or intended to be occupied or used for retail commercial, nonretail commercial, general business, or other commercial purposes, including sleeping rooms in hotels and motels with or without kitchens or kitchen facilities. It does not mean repair or replacement of a commercial building which has been accidentally damaged or destroyed by natural causes or human activity provided there is no increase in the floor area of the building.
H. "Council" means the City Council of the City.
I. "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.
J. "Development" or "development project" means any man-made change to improved or unimproved real property, the use of any principal structure or land, or any other activity that requires the issuance of a building permit.
K. "Development impact fees" means any monetary exaction, other than a tax or special assessment, which is charged to an applicant in connection with approval 5 of 13
Exhibit 1 241
Ordinance No. 928
of a development project for the purpose of defraying all or a portion of the cost of capital improvements and operational services resulting from the development project, subject to the exceptions set forth in California Government Code Section 66000 et seq.
L. "Director" means the Director of Community Development of the City of Bell Gardens, or their designee.
M. "Fee" means a monetary exaction, other than a tax or special assessment, which is charged by City to an applicant in connection with approval of a development project for the purpose of defraying all or a portion of the cost of public facilities related to the development project, but does not include fees specified in Section 66477 of the California Government Code, fees for processing applications for governmental regulatory actions or approvals, or fees collected under development agreements adopted pursuant to Article 2.5 (commencing with Section 65864) of Chapter 4, Division 1, Title 7 of the California Government Code.
N. "Master Fee Schedule" means the fees adopted by City Council resolution.
O. "New Development" means the following:
1. Construction or relocation of a structure.
2. The addition, extension, or enlargement of an existing structure used or intended for nonresidential use.
3. The conversion of a residential use structure to a nonresidential use structure.
4. The development of any new residential, commercial, or industrial structure.
P. "Industrial development" means any development designed or intended for manufacturing, processing, research, warehousing, or similar uses. It does not mean repair or replacement of an industrial building which has been accidentally damaged or destroyed by natural causes or human activity provided there is no increase in the floor area of the building.
Q. "Operational services" means public services and maintenance which are to be financed in whole or in part by the imposition of development impact fees.
R. "Report"means the Development Impact Fee Study prepared by Willdan Financial Services dated August 18, 2022, pursuant to the provisions of California Government Code Section 66000 et seq., which is on file with the City Clerk of the City.
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Exhibit 1 242
Ordinance No. 928
S. "Residential development" means any development consisting of new residential dwelling units as defined in Title 9. It does not mean:
1. Any addition to an existing single-family home; or
2. Repair or replacement of a residential building which has been accidentally damaged or destroyed by natural causes or human activity provided there is no increase in the number of dwelling units; or
T. "Public facilities" includes public improvements, public services, and community amenities.
3.27.030 Exemptions. The following new developments are exempted from payment of the fees required by this Chapter:
A. The reconstruction of any building destroyed or damaged by fire, explosion, natural catastrophe, or Act of God to the extent that the reconstruction does not add to the floor area of the structure which existed prior to its being damaged or destroyed, or where such additional floor area is less than one thousand (1 000) square feet.
B. Any development for which a building permit issued prior to the effective date of the ordinance establishing this Chapter which is still valid.
C. Exemptions are not automatic but shall be granted by the Department upon application.
3.27.040 Development Impact Fees. To implement the goals, objectives, policies and specific actions of the City's General Plan, the capital improvement program and the City's annually adopted budget; to protect the health, safety and general welfare of the City's population; to mitigate impacts of new development on the level of service capacity in existing facilities; and to ensure that the burdens of financing capital improvements and operational services are borne by the development projects benefited thereby, and except as otherwise expressly set forth elsewhere in this municipal code, every person constructing any new residential, commercial or industrial development shall pay to the City prior to issuance by the City of a building permit the development impact fee categories set forth herein below and such other development impact fees as the City Council may adopt by resolution or ordinance as necessary and appropriate from time to time. 7of13
Exhibit 1 243
Ordinance No. 928
3.27.050 Transportation Facilities Fee. To mitigate the impacts of new development on traffic and transportation facilities, a transportation facilities fee shall be imposed on all new development. The traffic facilities fees shall be used to finance transportation improvements, including intersection improvements, sidewalks, roadways, and other modes of transportation.
3.27.060 Parks and Recreation Facilities Fee. To mitigate the impacts of new residential development on the availability of open space land and park and recreational facilities, a parks and recreation facilities fee and/or a Quimby fee shall be imposed to all new residential development in lieu of parkland dedication and a Quimby fee shall only apply to development occurring in subdivisions pursuant to California Government Code Section 66477.
3.27.070 General Government Facilities Fee. To provide adequate public services and to support the well-being and general welfare of the City's growing population, a general government facilities fee shall be imposed on all new development to include, public and institutional buildings, residential and all commercial, office, and industrial development projects in the City. The general government facilities fee shall be used to finance land acquisition, design, construction, equipping and related capital costs for general government facilities.
3.27.080 Law Enforcement Facilities Fee. To mitigate the impacts of new development on the availability of law enforcement facilities, a law enforcement facilities fee shall be imposed on all new development in the City.
3.27.090 General Plan Update Fee. A General Plan update fee shall be imposed to all new development to ensure that new development funds its fair share of a future General Plan update that will serve both residents and businesses and assess the demand for services and associated facilities based on the City's service population including residents and workers.
3.27.100 Resolution Establishing the Amount of Development Impact Fees.
A. The City Council shall by resolution establish and periodically adjust the amount of the development impact fees specified in this Chapter, consistent with the requirements of Assembly Bill 1600 (Chapter 927 Statutes 1989) as set forth in California Government Code Section 66000, et seq. and shall identify the following:
1. The purpose of the fee;
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Exhibit 1 244
Ordinance No. 928
2. The use to which the fee will be put;
3. A reasonable relationship between the fee's use and the type of development project on which the fee is imposed;
4. A reasonable relationship between the need for the public facility and the type of development project on which the fee is imposed; and
5. A reasonable relationship between the specific amount of the fee imposed on a development project and the cost of the needed public facilities attributable to that development project.
3.27.110 Determination of Fees. Upon the receipt by the Department of an informal request or of an application by a property owner or land developer for any development action, the Department shall determine and give written notice to the property owner or land developer of the applicability of this Chapter to said development, the amount, if any, of developable land to which such approval relates and the amount of the fee(s) payable pursuant to the resolution(s) adopted pursuant to Section 3.27.100, which may be expressed in terms of a formula. The Department need not give written notice to the property owner or land developer for informal requests or if it determines that no fee relating to such development is payable pursuant to this Chapter and the resolution(s).
3.27.120 Payment of Fees. After the adoption by the City Council of a resolution establishing the amounts of the development impact fees, no building permit shall be issued and no development shall be permitted on any land within the City unless and until the development impact fees relating to such development and established by the resolution(s) adopted pursuant to Section 3.27.100 have been paid unless a determination has been made by the Department that no fee is payable pursuant to this Chapter. Development impact fees payable in connection with mobile home park development shall be paid by the property owner or land developer prior to issuance by the City of off-site improvement permits. With respect to residential developments, the requirement that a property owner or land developer pay the development impact fees prior to the issuance of a building permit is imposed pursuant to Government Code Section 66007(b).
3.27.130 Administration of Development Impact Fees. The fees collected pursuant to this Chapter shall be deposited into separate specific amounts for capital improvements and operational services of the City. These funds and any interest earnings thereon shall be used solely for the purposes specified for funds of such account and solely for the financing of capital improvements and operational services 9 of 13
Exhibit 1 245
Ordinance No. 928
or to reimburse the City for capital improvements and operational services funded or constructed in whole or in part by the City.
3.27.140 Consideration In-Lieu of Fees - Credits.
A. Notwithstanding the provision of Sections 3.27.040 and 3.27.110, upon application by a property owner or land developer, the City Council may accept consideration in-lieu of the development impact fees required pursuant to this Chapter, provided:
1. The City Council, upon recommendation of the City staff, finds that the substitute consideration proposed has a value equal to or greater than such fee; and,
2. The substitute consideration is in a form acceptable to the City Council.
B. A property owner or land developer may elect to construct capital improvement(s). If the property owner or land developer elects to construct such improvement(s), the property owner or land developer must enter into an agreement with the City prior to issuance of any building permit by the City. The agreement must establish the estimated cost of the improvement(s), the schedule for initiation and completion of the improvement(s), a requirement that the improvement(s) be completed to City standards, and such other terms and conditions as deemed necessary by the City.
C. A property owner, land developer, commercial or industrial enterprise may be entitled to a waiver, reduction, or deferral in the transportation facilities fee established in Section 3.27.050, , the general government fee established in Section 3.27.070, the law enforcement fee established in Section 3.27.080, and the General Plan update fee established in Section 3.27.090 if the City manager determines that a development will contribute a significant amount of sales tax to the City, will create a substantial number of jobs, or will enhance the City's quality of life or produce other desirable benefits to the community, commercial or industrial enterprise.
3.27.150 Development Impact Fee Nonexclusive.
A. The development impact fees established herein are additional and supplemental to, and not in substitution of, any other requirements imposed by the City on the development of land or the issuance of building permits. 10 of 13
Exhibit 1 246
Ordinance No. 928
B. The development impact fee(s) are intended to be consistent with and to further the goals, objectives, policies, and specific actions of the City's General Plan; the Study; and other City policies, ordinances, and resolutions by which the City seeks to ensure the provision of public facilities and services in conjunction with the development of land.
C. In no event shall a property owner or land developer be obligated to pay for capital improvements and operational services in an amount in excess of the amount calculated pursuant to this Chapter and the resolution(s) adopted pursuant to Section
3.27.100; provided, however, a property owner or land developer may be required to pay, pursuant to City ordinances, regulations, or policies for other public facilities and services, including, without limitation, subdivision improvements and other fees associated with development.
3.27.160 Accounting for Fees.
A. For the purposes of accounting, the City shall establish separate funds for each impact fee facility category.
B. Interest earned on each fund shall be part of that fund and shall only be spent on the purpose for which the fee revenue was collected; provided, however, that monies in the funds may be commingled for investment purposes with other City assets with a pro rata share of resulting interest earnings credited to each fund.
3.27.170 Use and Disbursement of Funds. Fees from new developments shall be appropriated and disbursed towards new capital improvements or expansions of facilities or services.
3.27.180 Appeals.
A. Determinations made by the Department pursuant to the provisions of this section may be appealed to the Planning Commission by filing a written request with the Director, together with a fee established by resolution of the Council, within ten (10) calendar days of the determination of the Department.
C. If the Planning Commission finds and determines that the amount of the development impact fee(s) deposited exceeds the amount of the development impact fee(s) required by the development project, the difference shall be reimbursed to the property owner or the land developer.
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Exhibit 1 247
Ordinance No. 928
D. If the notice of appeal is accompanied by a cash deposit in an amount equal to the development impact fee(s) due as calculated by the Department, the chief building official shall issue the building permit. The filing of an appeal shall not stay the collection of the development impact fee(s).
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 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. The adoption of the Study and the establishment of development impact fees is not subject to the California Environmental Quality Act in that pursuant to CEQA Guidelines, section 15378(b)(4), the creation of government funding mechanisms which do not involve any commitment to any specific project which may cause a significant effect on the environment, is not defined as a "project" under CEQA.
SECTION 7. The City Clerk shall certify to the passage and adoption of this Ordinance causing it to be posted as required by law, and it shall be effective thirty (30) days after its adoption.
PASSED, APPROVED, AND ADOPTED this 24t"day of October 2022. [Signatures on the following page]
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Exhibit 1 248
Ordinance No. 928
THE CITY OF BELL GARDENS
Maria Pulido, Mayor
APPROVED AS TO FORM: ATTEST:
Ricardo Olivarez Daisy Gomez
City Attorney City Clerk
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Exhibit 1 249
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: Scott Fairfield, Chief of Police
Paul Camacho, Captain
SUBJECT: ADOPT A RESOLUTION APPROVING AN AGREEMENT WITH SPIDR TECH, INC. FOR
LAWENFORCEMENT CUSTOMERSERVICE PLATFORM SOFTWARE LICENSING
AND SERVICES
DATE: October 24, 2022
RECOMMENDATION:
It is staff's recommendation that the City Council:
1. Adopt the attached resolution; and
2. Authorize the City Manager to execute an agreement with SPI DR Tech, Inc. for one year in the amount of $17,350 with the option of three (3) 1-year extensions in the amount of $14,850 for each extension year thereafter.
BACKGROUND/DISCUSSION:
The Bell Gardens Police Department (BGPD) has approximately 45 employees assigned to patrol duties and/or investigations who are responsible for responding to the community's calls for service, reports of crime, investigations of crime, collisions, and engagement in community policing. These activities consistently require engagement and interaction with community members. BGPD believes there is a need for increased transparency and communication between law enforcement and the Bell Gardens community, now more than ever. BGPD is constantly seeking ways to build community trust and continue to improve upon the services provided to the citizens of Bell Gardens.
The Bell Gardens Police Department (BGPD) has identified a need for increased communication with the Bell Gardens community using technology and has researched the availability of customer service technology platforms specializing in law enforcement. SPI DR Tech, Inc. (SPI DR) is the only service provider identified by the City that offers a customer service platform that meets the unique and specific needs of law enforcement.
SPIDR provides a law enforcement customer service technology platform that will leverage BGPD's data to communicate with community members, provide timely information, increase efficiencies, and provide services that meet the needs of the Bell Gardens community, which includes victims of crime. SPI DR's platform will integrate with BGPD's Records Management System (RMS) and Computer Aided Dispatch (CAD) system to provide several methods of communication following citizens' interactions with BGPD. SPIDR partners with Motorola, BGPD's RMS/CAD service provider, and will provide seamless integration.
The SPI DR platform contains three modules, which provide the following:
1. Investigations Module: Victims of crime will receive automatically generated and customized text and email 250
messages with commonly requested information such as crime report information, name of officer taking the report, contacts for resources, next steps in the investigation process, crime prevention tips, and social media links.
2. Patrol Module: Reporting parties will receive automatic text messages after a CAD Event is generated, which provides a "receipt" for their call and directs them to helpful information such as online reporting and a non- emergency number to call with updates. This module also provides proactive communication with citizens if an officer's response time will be delayed.
3. Insights Module: Reporting parties and crime victims will receive surveys soliciting feedback from citizens following interaction with BGPD. This information will be used by BGPD to improve its service to the community.
Bell Gardens Municipal Code Section 3.04.100(A) provides that for purchases of more than $10,000 the City Council may waive standard purchasing policy requirements when it finds that such supplies or equipment are unique because of their quality, durability, availability, or fitness for a particular use and are available only from one source, or, if available from more than one source, bidding is not likely to result in the lowest price.
The above modules will allow BGPD to connect with crime victims and the Bell Gardens community to provide information and receive feedback in a way that is not currently available outside of SPI DR's unique platform. Staff believes a formal process would not result in pricing or services that are more beneficial than the pricing and services offered by SPI DR, nor would it result in additional vendors.
CONCLUSION:
Purchasing this SPI DR software platform will assist the Police Department with the day-to-day operations and increase the lines of communication with the community. In addition, S P I D R's software platform allows the community to provide feedback in away that is not currently available outside of SPI DR's unique platform.
FISCAL IMPACT:
The total cost for the SPI DR software platform is $17,350 for the first year. Funding exists for this purchase within the Police Department's fiscal year 22-23 budget. After the first year, the annual cost will be $14,850 for a total of $61,900 for all 4 years. Costs for years two through four will be budgeted each year during the citywide budget approval process.
ATTACHMENTS:
Resolution No.2022-109
Exhibit 1 - SPI DR Tech Agreement
Exhibit 2 - SPI DR Tech Sole Source Letter
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 251
RESOLUTION NO. 2022-109
A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF BELL
GARDENS, CALIFORNIA, APPROVING AN AGREEMENT WITH SPIDR
TECH, INC. FOR THE PURCHASE FOR LAW ENFORCEMENT
CUSTOMER SERVICE PLATFORM SOFTWARE LICENSING AND
SERVICES FOR THE POLICE DEPARTMENT
WHEREAS, the Bell Gardens Police Department (BGPD) has approximately 45 employees assigned to patrol duties and/or investigations who consistently engage and interact with Bell Gardens community members; and
WHEREAS, BGPD believes there is a need for increased transparency and communication between law enforcement and the community in an effort to build community trust and improve upon the services provided to Bell Gardens residents; and WHEREAS, the City desires to enter into an agreement with SPIDR Tech, Inc. for a law enforcement customer service platform that will provide increased communication and efficiencies; and
WHEREAS, the Bell Gardens Municipal Code Section 3.04.100(A) provides that for purchases of more than $10,000 the City Council may waive standard purchasing policy requirements when it finds that such supplies or equipment are unique because of their quality, durability, availability, or fitness for a particular use and are available only from one source, or, if available from more than one source, bidding is not likely to result in the lowest price; and
WHEREAS, the City Council finds that due to the unique software design of the SPIDR Tech, Inc. platform, the City may dispense with its formal purchasing procedures because the product is only available from one source, and additional bidding is not likely to result in a lower price: and
WHEREAS, the City Council desires to enter into an agreement with SPIDR Tech, Inc. for one (1) year in the amount of $17,350 with the option of three 1-year extensions in the amount of $14,850 for each extension year thereafter for a total amount of $61,900.
NOW, THEREFORE, BE IT RESOLVED by the City Council of the City of Bell Gardens as follows:
SECTION 1. The City Council finds that the above recitals are true and correct and incorporated them herein.
SECTION 2. The City Council finds that an Agreement with SPIDR Tech, Inc. for law enforcement customer service platform software licensing and services is unique and only available from one source.
Exhibit 1 252
Resolution No. 2022-109
SECTION 3. The City Council hereby authorizes an Agreement with SPIDR Tech, Inc. for law enforcement customer service platform software licensing and services as described and outlined in the accompanying staff report herewith from SPIDR Tech, Inc., for one (1) year in the amount of $17,350 with the option of three 1-year extensions in the amount of $14,850 for each extension year thereafter for a total amount of $61,900.
SECTION 4. The City Council further authorizes the City Manager to execute any and all documents relating to the Agreement that is consistent with 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 24t" day of October, 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 1 253
1 ' ,
�T E C H-
Bell Gardens Police Department
SPIDR Tech Agreement
Expires- "10.31 .2022
Purer for:
Chief Scott IFairfidd
P- repared by:
Don Ili is irrnan, Co Founder, RI[YR Tbch
Exhibit 2 254
GSPIDR
T E C H
Executive Summary
w
SPUR Tech was founded by former law enforcement officers to help law enforcement agencies leverage their own data to improve public perception and increase efficiency by providing excellent customer service. Following extensive market research, we designed and built the world's first comprehensive, customer service infrastructure for law enforcement with the goal of improving communication and transparency between agency and community.
Overview
The SPUR Tech Platform is designed to incorporate relevant data from your agency's Records Management System (RMS) and/or Computer Aided Dispatch (CAD) system to automatically generate and send customized text and email messages to victims of crime and reporting parties. Subsequently, customers will receive mobile-friendly surveys comprised of questions chosen by your agency that can be utilized to measure community trust and satisfaction.
The platform offered in this proposal is entirely Software-as-a-Service (SaaS) and requires no hardware to be installed locally with the agency. The software can be accessed using any modern browser, such as Chrome, Firefox, Safari, and Edge.
Your agency can push data to the SPUR Tech Platform via our Application Program Interface (API), or the SPUR Tech deployment team can read data from a server through a secure connection.
Supportingr CJIS and Securityit
Working with law enforcement data requires special security considerations, and SPUR Tech supports these requirements. We perform background checks on all employees and will subject all project personnel to a agency background checks if requested. Our teams have passed all FBI screenings in the past for projects with other law enforcement agencies.
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Exhibit 2 255
GSPIDR
T E C H
SPIDR Tech uses Amazon Web Services (AWS) GovCloud for data hosting. AWS follows Criminal Justice Information Services (CJIS) compliance guidelines and we possess all supporting documentation detailing our compliance. Our data center is in the USA, an isolated AWS region, and is used for highly sensitive workloads.
It is important to note that SPIDR Tech does not install, own, or manage any equipment within your agency's network. Our services are hosted in the cloud, and the networks talk to each other via a secure Virtual Private Network (VPN) or API.
SPIDR Tech utilizes a Federal Information Processing Standard (FIPS) 140-2 compliant encryption method to encrypt CJIS data at rest, including database backups and volumes. As an additional precaution, The SPIDR Tech Platform encrypts CJI data such as driver's licenses and social security numbers if an agency chooses to provide those items as part of the data transfer.
Description of the SPIDR Tech Platform Modules
Module
Il The 9-1-1 Module integrates with your Computer Aided Dispatch (CAD) to automatically send text messages to
Vrpiu uuvm8eete¢V Po.ec9ariake Beach Prall'u4.e f7ePeRurmrrrk N mber15,z03,060D "a7PM�,Y°�r°�nPer" your reporting parties (RPs) after a CAD Event is generated.
Number is 18�19�G9�iG�,
Tlnari'k You for calling us 1Me Ftirl,re Po Provide new Your agency can customize these messages based on CAD e°;'��� excellent
line'rtLa�10)31 2477t.IfalVr-upIf event type to provide RPs with a "receipt" for their call. You If you;findPleeye`"III cle tale",datf°,pl-ee' can also include helpful information, such as a link to online If you diu�,ye your vehicVe at a Ilptor dote,pleaae
yotify ur'ehidleIa oundtorepoertFreomery, reporting or a non-emergency number to call if the RP has your m�tniclle'@5�fv�nuu�ud ka a report uis�r2cv�aeey.
If the RBPDi recovered yourvehcle pNease review an update. kNve ffoillowiur,g yaollcy,
PrfYf1`"ievevev ri i uvr r:r.u,i,frih PF J°parlor rali^a*_r vvE r+,yv av,rrrrlv6urizia llr"_i I r r apyi
To alotah,.r.py dthe refroft,Il n—d Delayed Arrival Messages Pall rtirrwaeu kvuin rAu siilrllrgta,gartlor l ul a smvI "xewldlklIf I'll Lal ff0fi-RIporl, Delayed Arrival Messages automatically update an RP if an rlpU °.'rc"`rc�dt'°, officer has not marked themselves on scene for a [rrl�.p.d!rdp;c,i p,.r�eYoricP"r in.,.0✓�ra.pJeuyi"Geer"AYarlU_cr(_ra ghl", predetermined period of time. For example, if a loud party °fhanrP You,
if Reach Poke Departreooet call has been queued for 60 minutes, the SPIDR Tech 'rm,�,rnf�,to_nni platform can send an automated text message to the RP, explaining that priority call volume is high and an officer will respond to their incident as soon as one is available.
When there is a delay in service, proactively sending an RP information regarding the status of an officer response will help set expectations and prevent frequent call-backs that occupy dispatch lines and resources.
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Exhibit 2 256
0SPIDR
T E C H
Example CAD Event Categories:
Disturbances Battery Dead Body Report Hit and Run Suspicious Circumstances Assault Deadly Weapon Found Person Drunk Driver Thefts Indecent Exposure Found Property Violation Restraining Order Illegal Parking Criminal Threats Found Weapon Annoyance/Threat Animal Incidents Arson Group Fight Abandoned Vehicle Vehicle Accidents Embezzlement Harassment/Stalking Animal Bite Patrol Requests Identity Theft Hazard Missing Person Transient Person Defrauding an Innkeeper Illegal Dumping Health and Safety Burglary Vandalism Keep Peace Shots Heard Mentally III Graffiti Lost Animal Mandown Forgeries Trespassing Lost Person Drunk/Drugs in Public Robbery Lewd Conduct Lost Property Stolen Vehicle Investigations
The Investigations Module will integrate
with your RMS to automatically
' generate and send customized text and
email messages to victims of crime.
Hello Pearlene,
Thank yoti for contsocing the Seattle Polite Department,we were contacted on The,November 15,2013 at 07:34PM regard in g a Auto Theft.Sle ically,�the In ad rat involved.a a I a0avt of 138511/aBWC.The officer th at These messages will decrease anek y r-epert ws A M r saefte.
wour report laember is 82186.Pdasa keap this faryour records administrative calls to your records and We take the crime of ache theft very serloccly and will do everynaing wtthln cur pcwerto assistvwim the matter. investigations departments by In the nreintrars,the for lowing is information related to auto m afc proactively providing the most
Theft anN'Unlawvfull Ti iklng oP a baM'licie
A person in California commas thecnme oEthett and unlawfuftakingordrtving ufavehicle by commonly requested information. Case • drivingortsking a vehicle bsddngingta another studies have shown that victims of ,a bout the owners consent,a nd
v,tl the Intent to permanently o, vmeo,,,,/ydcprwe the owner of the vehicle. crime who receive SPIDR Tech emails Tips.to Prevent Auto Theft and texts are 43% less likely to call Do,Not Leave II In Your Cur
Do not leave or hide your car keys coronyour car Everydaywe have vehicles that .stolen byroing a key asking for more information regarding ehattrieevictr eftinthd car 5I..,.ct y i,lf.l itP d gth hdd. I,y.01 -s.p.e h. breaks their case. ntoa hcie to s€¢ml tams vvll find the,keyor a free and the resuit c mcs..IC coon non foe crimin al,to go to Her cos and sr opp.ng centers to kindtars that P. hidden keys.Rarely do they have to apand mcch tln'fe looking.
For specific crime categories, the system will send the victim a tailored message that can include critical report information, including (but not limited to):
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Exhibit 2 257
0SPIDR
T E C H
• Date and time of report filing General category of the crime • Name of officer/deputy who took the report Report number • Who to contact and when Next step in investigation process • Investigation criteria Crime prevention tips
• Crime definitions Victim resources information • Advocacy information Community outreach/program information • Social media links Upcoming events
Example Crime Categories:
Auto Burglary Burglary Theft
Assault/Battery Robbery Forgery
Arson Assault with a Deadly Weapon Brandishing a Weapon Carjacking Court Order Violation Criminal Threats Fraud False Imprisonment Hit and Run
Vandalism Prowling Shoplifting
Stalking Trespassing Traffic Accident Report
Fraud Forgery Identity Theft
Arrest Notifications
Arrest Notifications are automated messages
that can be sent to victims of any crime.
ITIC.SO
POLICE These notifications automatically inform I victims that an arrest has been made
0MllI
I pertaining to their report. Today, many
The TLvVd l'kz.[ofiurm you¢Y at on 10/39/2619,RM 5 .was arrested In <°nett, agencies don't inform victims when an arrest A'
1 1 It M1 y h h, ngl h t tl i h p y - tl right be b m d yp g1 d g h. d herg has been made and those that do do so make pa , pa arm[he mpt rn°f rhea elfyoi world lk t nakean pea � h' etpl.......t-the W c i P_d40n[e Unit at 520 791 5483 t0 lean more induct,g 00wt0 P.`.dey 1 manually via phone call, or through the use of if yI,,ne d .....is h re res y Pill,,1111 th,V / nc U 52G 791 Y83 M°tl y rrtlay,8L0AM-5'00PMItI nmm III—It 1 ,n,R� , , t an opt-in, victim registration system. Doing ,,1p111
yenb°n°rtm,tt°ben°t d ff p MI1d, ep,y,y0 °y Ipt 5D,P bve°I1ngtherne=°n so manually is difficult to track and is costly Pallce�Department PmcOM D p r ment�[5 0]91 AAUi,M°ntl y�Prtiay,8'.00 AM�5'.00 PM.
Trr= P 1 11 p 1nn P III h hgh p y p d arbtn hacyo° due to the amount of necessary labor. Using e aPto,Aed p,.r Ieplrghs,'ndutl',g the night t,be treited ith fir reap ddign'€y, d be free. f t d h - b h gh h - J 1 J p -.
A,,v y GIs.ha di t° I,h1, ,y u requet0r wave T°gm i nuboutvc sights a victim registration system puts the burden °dertnlj�h night °h gh °md °`eel°°g `o°al=teflotzdse cesge of work on the crime victim. By automatically Ttson` G par[men[
_P notifying victims of an arrest, you can
1,,,g „n- decrease the amount of administrative effort 9,
required by your agency while raising the bar
for customer service.
5 of 19
Exhibit 2 258
OSPIDR
T E C H
Multi-Lingual Functionality
OP Mor I`a ��r Your message templates can be sent in ` � up to three languages. For example,
Monterey Park Police Department in
Yi4 Wed,August 29,20118 �h MontereyP,rkPu �p ,�,t, �,,, © �„ f RoSllli- California sends all of their messages in aRTIM Rim 7 Y�p1'"r,Ai1k41�.:Yp&9. ±fi�pl;rx9YtP.�.ftC1.t.rr'F$ROhllf1,000giNA iiahrrvl ,fl. English, Traditional Mandarin, and AtEAt,M3'l _4 � `U_ ����""° '� Spanish. The agency can also solicit iRH ®fi�tr.".f'3E#.�3k dYf7B 3LF7�I4 fgr A tE1 ,la. ro#ili lhf)h f3m ,�Tf"FIL "y survey responses in multiple languages. �3ri�.F, h�iG
anysJt" ,y mrtu� . itar �ram pis:rzcae ,zsao
RrCW.m�C,m ittVttm'=Bill of Right,OlrAPNIt x`YAWPJAC rWHWW This feature allows your agency to be inclusive of minority or majority members
¢` of the community, ensuring people
£, receive the information they need in a
language they understand.
Insights
Surveys are delivered to the RP and crime
victim via email and/or text message
following an interaction with your agency.
These surveys enable you to benchmark Did the police respond in a timely manner in regard to your report? 0 u
and track community perception. No
Requesting feedback is a common and
valuable practice for the private sector. Howwouldyou ratethe professionallism of the department in regard toyourpeliee report?
Companies use this data to improve 0 Varyhlyhyuallty services, track initiatives, and identify -'NlghgaJ°1y Nalth&high or low quality
weaknesses. Today, agencies understand h�qhty
they cannot improve without measuring a Vorylowqual@y their interactions with the community.
Overall,how do you feel about the Seattle Police Department? Not'at all satdsfl©[➢
It's important to note that these surveys :, sr„© atsatsflmd (,,,J Satisi lcd
are sent based on incident, allowing you to Verysatlsflcd measure each community interaction 'ea"9'tt®
independently. This is different from public
sentiment surveys, which include survey
responses from individuals who have never interacted with your agency.
By surveying your customers regularly, you can include monthly survey trends in your CompStat model, relay officer/dispatcher commendations that reinforce positive community interactions, and identify issues before they become liabilities.
SPUR Tech will provide agency personnel with daily survey updates containing survey responses, as well as more in-depth survey analysis reports on a periodic basis. All survey response data can be broken down by area, crime type, call type and date. 6 of 19
Exhibit 2 259
GSPIDR
T E C H
Victim
TUCSON The Victim Portal is an application embedded
POLICE in your website that enables victims of crime Tucson Police Department Victim Information Portal to access case details with authentication. As L-1.C1. S1.P 2,-ifyVk„m1-1- o „eks,a,. part of the deployment of this module, SPUR Tech will migrate both historic and new data,
as well as cold cases.
Parz vereste pgiria en expnnol,haga rl'ir aiiui
I i ?vl ,Diu
Community
This module is a one-to-many text
message response through our
SPUR Engage platform and is SAPD:;The San Antonio IP6kce Department is currently being utilized by the San seeking the public's assistance in finding 3-year- Antonio Police Department. This old Lina Sarclar i hii. additional module is called the SAPD:®El departamento de Ipoiicfa de San Community Engagement Module, Antonio solicita is ayuda del p6blico para and allows an agency to utilize the eincontrar a i�a ni a de tres anos Duna Sarclar KNiL survey sent at the end of an
interaction to ask if the recipient
would like to opt-in to additional
message "blasts" from the agency. Text STOP to cancel, Responda con'ALTO'part The Community Engagement cainceiar.
Module automatically builds a list of
opted-in individuals for which the
agency can create additional
messaging campaigns in a one-to-many message format. For further information, please visit the San Antonio Police Department website to see press releases detailing this new module.
7 of 19
Exhibit 2 260
0SPIDR
T E C H
Pricing
SPIDR Tech software pricing has two components: The initial, one-time deployment fee and the annual subscription cost. The deployment fee includes all technical and non-technical interfaces and the subscription cost includes all messages (text and email), data storage, feature updates, maintenance and professional services. The standard, annual subscription pricing for the platform ranges from $149 to $297 per sworn officer, per year.
Platinum
SPIDR Tech:Year 1 Price
SPIDR Platform Subscription Includes: $14,850 • 9-1-1 Module
• Investigations Module
• Insights Module
• Portal Module
• Community Engagement Module
• Choice of custom short code or long code
• Custom interfaces built by SPIDR Tech or pair-programmed with your team
• Unlimited User Acceptance Testing
• Custom reporting available
• Daily Survey Update Emails
• Standard monthly report
• Assigned SPIDR Tech Account Manager
• Unlimited adjustments to the interface
• 24/7 interface monitoring
• Initial translation service included for up to 2 additional languages
Deployment and Installation Deployment and installation fee(one-time setup/integration fee) $10,000 Unlimited maintenance and support, unlimited changes to Full Maintenance and Support settings, messages, surveys, and configurations post go-live, FREE assigned Customer Success Manager
Discount Discount based on technical feasibility and full purchase -$7,500 Total: $17,350
SPIDR Tech:Optional Years 2 through 4 Price
SPIDR Platform Subscription Annual subscription fee for each additional year of service $14,850 Unlimited maintenance and support, unlimited changes to Full Maintenance and Support settings, messages, surveys, and configurations post go-live, FREE assigned Customer Success Manager
Total: $14,850
8 of 19
Exhibit 2 261
0SPIDR
11 ppry I T E C H
a llwr.lnuunr 1•rll!���'I w
This Agreement shall have a term of one(1)year effective the date of full execution (hereinafter,the "Term"). The Agreement may be extended by Client subject to its same terms and conditions for a maximum of three(3) additional one-year extension terms, provided Client issues written notice of its intent to extend the Term of the Agreement prior to the expiration of the initial Term.
Please note:All pricing and discounts described in this Order Form are contingent upon Customer's execution and return of this Order Form no later than 10/31/2022(unless countersigned by SPIDR Tech).
By signing below, each party acknowledges that it has carefully read and fully understood this Agreement, and each agrees to be bound by the terms of the Agreement.The Agreement becomes effective upon the date of last signature(the "Effective Date").The individuals signing this Agreement represent that they have the authority to bind the respective parties to the terms of this Agreement.
SPIDR Tech, Inc. Agency
Signature: Signature:
Name: Rahul Sidhu Name:
Title: President Title:
Date Signed: Date signed:
SUBSCRIPTION AGREEMENT
This Subscription Agreement (this "Agreement") is made as off 1, 202[_] (the "Effective Date"), by and between SPIDR Tech Inc., a Delaware corporation addressable at P.O. Box 3448, Manhattan Beach, CA, 90266 ("SPIDR Tech"), and the Customer identified in the attached Sales Proposal. SPIDR Tech and Customer may be referred to as a "Party" herein and together as the "Parties." The Sales Proposal executed by and between SPIDR Tech and the Customer (the "Sales Proposal") and the terms therein shall be deemed incorporated herein.
WHEREAS, SPIDR Tech's proprietary systems, applications and related APIs permit police departments to gather, review and analyze data in connection with law enforcement intelligence, officer productivity and related community engagement.
WHEREAS, Customer desires to access and use SPIDR Tech's proprietary system, and SPIDR Tech desires to provide such access, in accordance with the terms and conditions herein;
NOW, THEREFORE, in consideration of the covenants set forth herein, SPIDR Tech and Customer hereby agree as follows:
1. Provision of the Service.
1. Provision Generally. SPIDR Tech will provide Customer with access to SPIDR Tech's proprietary service for the modules specified in the Sales 9 of 19
Exhibit 2 262
GSPIDR
T E C H
Proposal (collectively the "Service") in accordance with the terms and conditions of this Agreement. In order to access and use the Service, Customer is responsible at its own expense for obtaining its own Internet access, and any hardware and software required therefor.
2. Grant of Rights. Subject to the terms and conditions of this Agreement, SPUR Tech hereby grants to Customer a limited, non-exclusive, non-transferable right to access and use the Service, solely for Customer's purposes during the Term. All rights not expressly granted to Customer are reserved by SPUR Tech and its licensors. There are no implied rights.
3. Restrictions. Customer shall not (and shall not allow any third party to): (a) use the Service for the benefit of any third party, or to develop or market any product, software or service that is functionally similar to or derivative of the Service, or for any other purpose not expressly permitted herein; (b) permit any third party or individual to access or use the Service; (c) sell, distribute, rent, lease, service bureau, post, link, disclose or provide access to the Service, directly or indirectly, to any third party; (d) alter, modify, debug, reverse engineer, decompile, disassemble, or otherwise attempt to derive or gain access to any software (including source code) associated with the Service; or (e) use any robot, spider, scraper or other automated means to access the Service, or engage in any scraping, data-mining, harvesting, screen-scraping, data aggregating or indexing of the Service. Customer shall keep all passwords and API Keys provided to it safe and secure, and shall be responsible for all use of the Service using passwords or API keys issued to Customer. Customer shall notify SPUR Tech immediately of any actual or suspected unauthorized use of its passwords or API keys for the Service. Without limiting any of its other rights or remedies, SPUR Tech reserves the right to suspend access to the Service if SPUR Tech reasonably believes that Customer has materially violated the restrictions and obligations in this Agreement (in which case, it shall provide Customer prompt written notice of such suspension).
4. Customer Cooperation. Customer shall: (a) reasonably cooperate with SPUR Tech in all matters relating to the Service; (b) respond promptly to any SPUR Tech request to provide information, approvals, authorizations or decisions that are reasonably necessary for SPUR Tech to provide the Service in accordance with this Agreement; and (c) provide such Customer materials or information as SPUR Tech may reasonably request to provide the Service and ensure that such materials or information are complete and accurate in all material respects.
2. SPIDR Tech Technology. In connection with providing the Service, SPUR Tech and its licensors shall operate and support the hosted environment used by SPUR Tech to provide the Service, including the SPUR Tech Technology, the server hardware, disk storage, firewall protection, server operating systems, management programs, web server programs, documentation and all other technology or information so used by SPUR Tech. As used herein, "SPIDR 10 of 19
Exhibit 2 263
GSPIDR
T E C H
Tech Technology" means all of SPUR Tech's proprietary technology (including software, hardware, products, processes, algorithms, user interfaces, know- how, techniques, designs and other tangible or intangible technical material or information) made available to Customer by SPUR Tech in providing the Service.
3. Downtime. Subject to the terms and conditions of this Agreement, SPUR Tech shall use commercially reasonable efforts to provide access to the Service for twenty-four (24) hours a day, seven (7) days a week throughout the term of this Agreement. Customer agrees that from time to time the Service may be inaccessible or inoperable for various reasons, including (i) equipment malfunctions; (ii) periodic maintenance procedures or repairs which SPUR Tech may undertake from time to time; or (iii) causes beyond the control of SPUR Tech or which are not reasonably foreseeable by SPUR Tech, including interruption or failure of telecommunication or digital transmission links, hostile network attacks or network congestion or other failures, or failures or issues experienced by the Hosting Contractors independent of and not related to the Service or SPUR Tech (collectively "Downtime"). SPUR Tech shall use commercially reasonable efforts to provide twenty-four (24) hour advance notice to Customer in the event of any scheduled Downtime. SPUR Tech shall have no obligation during performance of such operations to mirror Customer Data on any other server or to transfer Customer Data to any other server. SPUR Tech shall use commercially reasonable efforts to minimize any disruption, inaccessibility and/or inoperability of the service in connection with Downtime, whether scheduled or not.
4. Ownership. Customer acknowledges and agrees that as between SPUR Tech and Customer, all right, title and interest in and to the Service (including the data, information, text, images, designs, sound, music, marks, logos, compilations (meaning the collection, arrangement and assembly of information) and other content on or made available through the Service, other than Customer Data), the SPUR Tech Technology and all improvements and derivatives of the foregoing (including all intellectual property and proprietary rights embodied therein or associated therewith) are and shall remain owned by SPUR Tech or its licensors, and this Agreement in no way conveys any right, title or interest in the Service or the SPUR Tech Technology other than a limited right to use the Service in accordance with the terms and conditions herein. No right or license is granted hereunder to Customer under any trademarks, service marks, trade names or logos. Customer shall not remove any SPUR Tech trademark, service mark or logo, or any proprietary notices or labels (including any copyright or trademark notices) from the Service.
5. Fees; Payments; Taxes.
1. Fees. In consideration of the provision of the Service hereunder, Customer shall pay SPUR Tech the fees as set forth and the scheduled laid out on the Sales Proposal.
11 of 19
Exhibit 2 264
OSPIDR
T E C H
2. Taxes. All amounts due hereunder are exclusive of all sales, use, excise, service, value added, or other taxes, duties and charges of any kind (whether foreign, federal, state, local or other) associated with this Agreement, the Service, or Customer's access to the Service. Customer shall be solely responsible for all such taxes, duties and charges (except for taxes imposed on SPIDR Tech's income), which may be invoiced by SPIDR Tech from time-to- time.
3. Payment Method. Customer shall make all payments hereunder, in US dollars, in the manner specified by SPIDR Tech, and without deduction of any charges, taxes or other amounts.
4. Late Payments. Customer shall pay interest on all late payments at the lesser of (a) 1.5% per month or (b) the highest rate permissible under applicable law, calculated daily and compounded monthly. Customer shall reimburse SPIDR Tech for all costs and expenses, including attorneys' fees, incurred in collecting any unpaid amounts owed by Customer hereunder.
6. Term; Termination.
1. Term. This Agreement shall have a term of one (1) year effective the date of full execution (hereinafter, the "Term"). The Agreement may be extended by Client subject to its same terms and conditions for a maximum of three (3) additional one-year extension terms, provided Client issues written notice of its intent to extend the Term of the Agreement prior to the expiration of the initial Term.
2. Termination for Breach. Either Party may terminate this Agreement by written notice thereof to the other Party, if the other Party materially breaches this Agreement and does not cure such breach within 30 days after written notice thereof.
3. Effects of Termination; Survival. Upon any termination of this Agreement: (a) all rights granted to Customer hereunder shall terminate and SPIDR Tech shall no longer provide access to the Service to Customer, and (b) Customer shall cease using the Service. Any obligations that have accrued prior to termination shall survive termination of this Agreement. In addition, the following Sections, as well as any other provisions herein which by their nature should survive, shall survive termination of this Agreement: Sections 4 through
12. 7. Customer Data.
1. Data Generally. All data and information which the Customer inputs or provides to the Service (the "Customer Data") is stored in a private and secure fashion (as regulated by CJIS requirements), and will not be used by SPIDR Tech except as permitted herein. Customer hereby grants to SPIDR Tech a limited, non-exclusive, non-transferable, royalty-free right to use, reproduce, manipulate, display, transmit and distribute the Customer Data solely in 12 of 19
Exhibit 2 265
OSPIDR
T E C H
connection with providing the Service to Customer, and improving and developing the Service. In addition, SPUR Tech may analyze Customer Data, and data of other customers, to create aggregated or anonymized statistics or data that do not identify Customer or any individual, and SPUR Tech may during and after the Term use and disclose such statistics or data in its discretion. Except as specified otherwise in this Agreement (including the Sales Proposal), Customer shall be solely responsible for providing, updating, uploading and maintaining all Customer Data. The content of Customer Data shall be Customer's sole responsibility. SPUR Tech shall operate the Service in a manner that provides reasonable information security for Customer Data, using commercially reasonable data backup, security, and recovery protections (as regulated by CJIS requirements).
2. Additional Customer Responsibilities. Customer is solely responsible for all Customer Data. SPUR Tech does not guarantee the accuracy, integrity or quality of Customer Data. Customer shall not: (a) upload or otherwise make available to SPUR Tech any Customer Data that is unlawful or that violates the rights of any third parties; (b) upload or otherwise make available to SPUR Tech any Customer Data that Customer does not have a right to transmit due to any law, rule, regulation or other obligation; (c) use, upload or otherwise transmit any Customer Data that infringes any intellectual property or other proprietary rights of any third party; (d) upload or otherwise make available to SPUR Tech any material that contains software viruses or any other computer code, files or programs designed to interrupt, destroy, limit the functionality of any computer software or hardware or telecommunications equipment; (e) interfere with or disrupt the Service or servers or networks connected to the Service; (f) upload or otherwise make available to SPUR Tech any Customer Data that constitutes protected health information subject to the Health Insurance Portability and Accountability Act or any regulation, rule or standards issued thereunder; or (g) violate any applicable law, rule or regulation, including those regarding the export of technical data.
8. Representations and Warranties; Disclaimer.
1. General Representations and Warranties. Each Party hereby represents and warrants to the other Party that: (a) it is a corporation, company or other entity (as applicable) duly organized, validly existing and in good standing in its jurisdiction of organization; (b) its execution, delivery and performance of this Agreement have been duly and validly authorized by all necessary organizational action on its part; (c) the provisions set forth in this Agreement constitute legal, valid, and binding obligations of such Party enforceable against such Party in accordance with their terms, subject to bankruptcy, insolvency and other laws affecting creditors' rights generally; and (d) its execution, delivery and performance of this Agreement do not and will not conflict with, result in a breach of, constitute a default under, or require the consent of any third party under, any agreement or other obligation to which such Party is subject.
13 of 19
Exhibit 2 266
0SPIDR
T E C H
2. SPIDR Tech Limited Warranty. SPIDR Tech warrants that it will provide the Service in a competent and workmanlike manner. SPIDR Tech does not warrant that it will be able to correct all reported defects or that use of the Service will be uninterrupted or error free. SPIDR Tech makes no warranty regarding features or services provided by any third parties. SPIDR Tech retains the right to modify its services and the SPIDR Tech Technology in its sole discretion; provided that doing so does not have a material adverse impact on the Service hereunder. Customer's sole remedy for SPIDR Tech's breach of the warranty in this paragraph shall be that SPIDR Tech shall remedy the applicable error, or if SPIDR Tech is unable to do so in a timely manner, refund to Customer actual damages up to a limit of the fees paid for the Service for the 6-month period immediately prior to when the breach of warranty occurred.
3. Disclaimer. EXCEPT FOR THE WARRANTIES SET FORTH IN SECTIONS 8.1-8.2 ABOVE, SPIDR TECH MAKES NO REPRESENTATION OR
WARRANTY WHATSOEVER, AND HEREBY DISCLAIMS ALL
REPRESENTATIONS AND WARRANTIES, WITH RESPECT TO THE SERVICE (IN EACH CASE WHETHER EXPRESS OR IMPLIED BY LAW, COURSE OF
DEALING, COURSE OF PERFORMANCE, USAGE OF TRADE OR
OTHERWISE), INCLUDING ANY WARRANTY (A) OF MERCHANTABILITY,
FITNESS FOR A PARTICULAR PURPOSE, OR NONINFRINGEMENT, (B) THAT
THE SERVICE WILL MEET CUSTOMER'S REQUIREMENTS, WILL ALWAYS BE
AVAILABLE, ACCESSIBLE, UNINTERRUPTED, TIMELY, SECURE OR OPERATE
WITHOUT ERROR, (C) AS TO THE RESULTS THAT MAY BE OBTAINED FROM
THE USE OF THE SERVICE, OR (D) AS TO THE ACCURACY OR RELIABILITY OF ANY INFORMATION OBTAINED FROM THE SERVICE.
9. Limitations of Liability.
1. Damages Cap. TO THE FULLEST EXTENT PERMISSIBLE BY LAW,
SPIDR TECH'S TOTAL LIABILITY FOR ALL DAMAGES ARISING OUT OF OR
RELATED TO THE SERVICE OR THIS AGREEMENT, WHETHER IN CONTRACT,
TORT (INCLUDING NEGLIGENCE) OR OTHERWISE, SHALL NOT EXCEED THE
TOTAL AMOUNT OF FEES PAID BY CUSTOMER TO SPIDR TECH UNDER THIS AGREEMENT DURING THE PRIOR 6 MONTHS.
2. Disclaimer of Indirect Damages. EXCEPT FOR (A) CUSTOMER'S
OBLIGATION TO PAY ALL AMOUNTS DUE HEREUNDER (B) DAMAGES
ARISING FROM CUSTOMER DATA VIOLATING THE INTELLECTUAL
PROPERTY RIGHTS OF A THIRD-PARTY, OR (C) CUSTOMER'S BREACH OF
ANY INTELLECTUAL PROPERTY OR CONFIDENTIALITY OBLIGATIONS OR
RESTRICTIONS HEREIN (INCLUDING ANY LIMITATIONS OR RESTRICTIONS
ON USE OF THE SERVICE), IN NO EVENT SHALL EITHER PARTY BE LIABLE
FOR ANY INDIRECT, CONSEQUENTIAL, INCIDENTAL, SPECIAL, EXEMPLARY
OR PUNITIVE DAMAGES (INCLUDING LOSS OF DATA, PROFITS OR
REVENUE) ARISING OUT OF OR RELATED TO THE SERVICE OR THIS 14 of 19
Exhibit 2 267
0SPIDR
T E C H
AGREEMENT, WHETHER SUCH DAMAGES ARISE IN CONTRACT, TORT (INCLUDING NEGLIGENCE) OR OTHERWISE.
3. Basis of the Bargain. THE PARTIES AGREE THAT THE LIMITATIONS OF LIABILITY SET FORTH IN THIS SECTION 9 ARE A FUNDAMENTAL BASIS
OF THE BARGAIN, THAT SPIDR TECH HAS SET ITS FEES IN RELIANCE ON
THE ENFORCEABILITY OF THESE PROVISIONS, AND THAT THEY SHALL
APPLY NOTWITHSTANDING THAT ANY REMEDY SHALL FAIL ITS ESSENTIAL PURPOSE.
10. Indemnification.
1. SPIDR Tech Indemnification. To the fullest extent permitted by law, SPIDR Tech hereby agrees, at its sole cost and expense, to defend, protect, indemnify, and hold harmless Customer and Customer's elected and appointed officials, officers, attorneys, agents, employees, volunteers, successors, and assigns (collectively "Indemnitees") from and against any and all demands, damages, costs, expenses, liabilities, judgments, penalties, liens, and losses of any nature whatsoever, including reasonable attorneys' fees incurred by Customer in enforcing this indemnity provision (collectively "Liabilities"), to the extent arising out of a third-party claim (a) that the Services infringe, misappropriate, or otherwise violate any third party intellectual property or proprietary rights (excluding patents); or (b) arising from SPIDR Tech's gross negligence or willful misconduct that results in a material breach of 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.
2. SPIDR Tech'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. SPIDR Tech expressly waives its statutory immunity under such statutes or laws as to the Indemnities.
3. Customer does not, and shall not; waive any rights that it may possess against SPIDR Tech because of the acceptance by Customer, or the deposit with Customer, 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.
4. SPIDR Tech shall fully comply with the workers' compensation laws regarding SPIDR Tech and SPIDR Tech's employees. SPIDR Tech further agrees to indemnify and hold Customer harmless from any failure of SPIDR Tech to comply with applicable workers' compensation laws.
11. Confidentiality.
15 of 19
Exhibit 2 268
OSPIDR
T E C H
1. Definition. "Confidential Information" means information that is disclosed by either Party (the "Disclosing Party") to the other Party (the "Receiving Party") hereunder during the Term that is clearly labeled or identified as confidential or proprietary when disclosed, or that, under the circumstances, should reasonably be treated as confidential, except that "Confidential Information" shall not include any information that (a) is or becomes generally known to the public through no fault of, or breach of this Agreement by, the Receiving Party; (b) is rightfully in the Receiving Party's possession at the time of disclosure without an obligation of confidentiality; (c) is independently developed by the Receiving Party without use of the Disclosing Party's Confidential Information; or (d) is rightfully obtained by the Receiving Party from a third party without restriction on use or disclosure. In addition, (i) the terms and conditions of this Agreement shall be deemed to be Confidential Information of both Parties; and (ii) the Service and SPUR Tech Technology shall be deemed Confidential Information of SPUR Tech, regardless of whether or not they are labeled or identified, or would reasonably be considered confidential.
2. General Obligations. Each Party agrees that it will during the Term and thereafter (a) not disclose the other Party's Confidential Information to any third party (other than as permitted in the last sentence of this paragraph); (b) use the other Party's Confidential Information only to the extent reasonably necessary to perform its obligations or exercise its rights under this Agreement; (c) disclose the other Party's Confidential Information only to those of its employees and independent contractors who reasonably need to know such information for purposes of this Agreement and who are bound by confidentiality obligations offering substantially similar protection to those in this Section 11; and (d) protect all Confidential Information of the other Party from unauthorized use, access, or disclosure in the same manner as it protects its own confidential information of a similar nature, and in no event with less than reasonable care. Notwithstanding the above, this paragraph shall not prohibit:
(i) a Party from disclosing Confidential Information of the other Party to the extent required by applicable law, rule or regulation (including a court order or other government order) or the rules and regulations of the SEC or any national securities exchange; provided that such Party provides the other Party prior written notice of such disclosure, to the extent practicable, and reasonably cooperates with efforts of the other Party to seek confidential treatment thereof, to the extent such cooperation is requested by the other Party; or (ii) a Party from disclosing the terms and conditions of this Agreement to its attorneys and financial advisors, or current or potential lenders, other sources of financing, investors or acquirors; provided that such third parties are bound by confidentiality obligations offering substantially similar protection to those in this Section 11 (provided further that such third parties are only permitted to use such information for the purpose of advising, lending or providing financing to, or investing in or acquiring, such Party, as applicable). 16 of 19
Exhibit 2 269
OSPIDR
T E C H
3. Return or Destruction. Except as otherwise expressly provided in this Agreement, the Receiving Party will return to the Disclosing Party, or destroy or erase, the Disclosing Party's Confidential Information in tangible form, upon the termination of this Agreement; provided that (a) Receiving Party may retain a copy of Disclosing Party's Confidential Information solely for the purposes of tracking Receiving Party's rights and obligations hereunder with respect thereto, (b) Receiving Party may retain copies of Disclosing Party's Confidential Information solely to the extent required by law or by applicable professional standards which require such Party to retain copies of its working papers, and (c) Receiving Party may retain Disclosing Party's Confidential Information solely to the extent reasonably necessary for Receiving Party to exercise rights or perform obligations under this Agreement that survive such termination.
4. Feedback. Notwithstanding the above or anything to the contrary herein, to the extent that Customer at any time provides SPUR Tech with any feedback or suggestions regarding the Service, including potential improvements or changes thereto (collectively, "Feedback"), the Feedback shall not be considered Confidential Information of Customer, and SPUR Tech shall be free to use, disclose, and otherwise exploit in any manner, the Feedback for any purpose.
12. Miscellaneous.
1. Compliance with Laws. Each Party shall comply with all laws, rules, regulations and ordinances applicable to its activities hereunder.
2. Hosting Providers. Customer acknowledges that the Service is hosted by third party hosting providers (the "Hosting Contractors"). SPUR Tech may change its Hosting Contractors at any time. Customer's use of the Service is subject to any applicable restrictions imposed by the Hosting Contractors.
Notwithstanding any other provision of this Agreement, SPUR Tech shall not be liable for any problems, failures, defects or errors with the Service to the extent caused by the Hosting Contractors. Customer acknowledges that the fees payable for the Service reflect the fact that SPUR Tech is not responsible for the acts and omissions of the Hosting Contractors.
3. Assignment. Customer may not assign this Agreement, or assign any of its rights or delegate any of its obligations under this Agreement, without the prior written consent of SPUR Tech. SPUR Tech may freely assign this Agreement, or assign any of its rights or delegate any of its obligations under this Agreement. Any purported assignment or delegation in violation of this paragraph is null and void. This Agreement will bind and inure to the benefit of each Party's successor and permitted assigns.
4. Entire Agreement; Amendment. This Agreement (including the Sales Proposal attached hereto) contains the complete understanding and agreement of the Parties with respect to the subject matter hereof, and supersedes all prior or contemporaneous agreements or understandings, oral or written, with 17of 19
Exhibit 2 270
OSPIDR
T E C H
respect thereto. No pre-printed terms on any purchase order, invoice or similar document issued in relation to this Agreement shall have any effect on the Parties or this Agreement. This Agreement may be amended or modified only by an express written agreement signed by duly authorized representatives of both Parties.
5. Notices. Unless otherwise specifically provided herein, all notices required or permitted by this Agreement shall be in writing and may be delivered personally, or may be sent by facsimile, overnight delivery or certified mail, return receipt requested, to the addresses provided in the Sales Proposal.
6. Force Majeure. SPIDR Tech shall not be liable or responsible to Customer, nor be considered to have defaulted or breached this Agreement, for any failure or delay in fulfilling or performing any provision of this Agreement to the extent such failure or delay is caused by or results from any act, circumstance or other cause beyond the reasonable control of SPIDR Tech, including acts of God, flood, fire, earthquake, explosion, governmental actions, war, invasion or hostilities (whether war is declared or not), terrorist threats or acts, riot, or other civil unrest, national emergency, revolution, insurrection, epidemic, lockouts, strikes or other labor disputes (whether or not relating to either Party's workforce), or restraints or delays affecting carriers or inability or delay in obtaining supplies of adequate or suitable technology or components, telecommunication breakdown, or power outage.
7. Publicity. SPIDR Tech shall have the right to use Customer's name and logo on client lists published on SPIDR Tech's website and in marketing materials. SPIDR Tech may announce the relationship hereunder in a press release provided that SPIDR Tech obtains Customer's prior approval of the wording of the release (not to be unreasonably withheld).
8. Choice of Law. This Agreement is and will be governed by and construed under the laws of California USA, without giving effect to any conflicts of laws provision thereof or of any other jurisdiction that would produce a contrary result. The Parties hereby consent to the jurisdiction of any federal or state court located in the state of California for any claim or other proceeding related to this Agreement or their activities hereunder, and waive any objections of improper venue or inconvenient forum.
9. Injunctive Relief. Each Party acknowledges that its breach of any intellectual property or confidentiality obligations or restrictions herein (including any limitations or restrictions on use of the Service) will cause substantial harm to the other Party that could not be remedied by payment of damages alone.
Accordingly, the other Party will be entitled to seek preliminary, temporary and permanent injunctive relief, and other equitable relief, for any such breach, without any requirement to post bond, in any court of competent jurisdiction.
10. Relationship of the Parties. The relationship between the Parties is that of independent contractors. Nothing contained in this Agreement shall be 18 of 19
Exhibit 2 271
GSPIDR
T E C H
construed as creating any agency, partnership, joint venture or other form of joint enterprise or employment relationship between the Parties, and neither Party shall have authority to contract for or bind the other Party in any manner whatsoever.
11. Waiver. No waiver by either Party of any of the provision of this Agreement is effective unless explicitly set forth in writing and signed by such Party. No failure to exercise, or delay in exercising, any right, remedy, power or privilege arising from this Agreement operates, or may be construed, as a waiver thereof. No single or partial exercise of any right, remedy, power or privilege hereunder precludes any other or further exercise thereof or the exercise of any other right, remedy, power or privilege.
12. Severability. If any provision of this Agreement is invalid, illegal or unenforceable in any jurisdiction, such invalidity, illegality or unenforceability shall not affect any other provision of this Agreement or invalidate or render unenforceable such provision in any other jurisdiction.
13. Headings; Interpretation. Headings are provided for convenience only and will not be used to interpret the substance of this Agreement. Unless the intent is expressly otherwise in specific instances, use of the words "include," "includes," or "including" in this Agreement shall not be limiting and "or" shall not be exclusive.
14. Counterparts. This Agreement may be executed in two counterparts (which may be delivered by .pdf or other facsimile format acceptable to the Parties), each of which shall be an original and both of which taken together shall form one agreement.
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Exhibit 2 272
SPIOR
SPIDR Tech Sole Source Justification
Date: September 1, 2022
To: The Office of Finance/Office of Procurement
Re: Sole Source justification for SPIDR Tech Engage
SPIDR Tech is pleased to provide you with this sole source justification letter for the SPIDR Engage system. SPIDR Tech, powered by Versaterm Public Safety, is a Versaterm-owned company. SPIDR Tech is the sole provider of the SPIDR Engage system. No other product can provide all the functionality of the SPIDR Engage system. SPIDR Tech offers a unique solution, and is the only company to provide the following:
• The SPIDR Engage system covers all aspects of messaging to customers for a public safety agency, including acknowledgement, updates, and survey feedback. SPIDR Tech is the only product that provides configurable messages for all the following:
• CAD Call Acknowledgement Messages, configurable by call type • CAD Call Delay Messages, configurable by call type
• More than one type of customized CAD Survey, configurable by call type • Victim Acknowledgement Messages, sent via email and SMS, determined by RMS data, configurable by offense code
• Investigation Update Messages, sent via email and SMS, determined by RMS data, configurable by case status code
• Arrest Notification Messages, sent via email and SMS, determined by RMS data • Victim Acknowledgement Surveys, customizable to your needs, sent via email and SMS
• Investigation Update Surveys, customizable to your needs, sent via email and SMS • Custom white-labeled domain names, determined by your organization Proprietary and Confidential
Exhibit 3 273
I
• The ability to use either a short code or long code, with a dedicated phone line for your organization.
• The ability to gather, create, and maintain a list of future opted-in community members for further engagement. This list can be segmented by zip code, demographic, neighborhood, age, etc.
• SPDIR Tech offers many different opportunities to survey your community. Surveys can be customized and updated to fit the agency's needs. Other survey products require the agency to limit questions or require specific questions with no customization available. • SPIDR Tech is the only company with a Spotlight dashboard, which showcases all message activity and scores for each of your unique surveys.
• SPIDR Tech provides onshore development and support in the United States of America.
Elon Kaiserman
Co-Founder
SPIDR Tech
Proprietary and Confidential
Exhibit 3 274
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: Grissel Chavez, Director of Public Works
Douglas Benash, City Engineer
SUBJECT: ADOPT A RESOLUTION AUTHORIZING PARKING RESTRICTIONAND THE INSTALLATION OF BLUE CURB "DISABLED PERSON PARKING"AT 6113 1/2
GALLANT STREET
DATE: October 24, 2022
RECOMMENDATION:
It is staff's recommendation that the City Council by motion;
1. Approve the attached Resolution authorizing parking restriction in the City of Bell Gardens; and
2. Authorize staff to install sixteen feet of blue curb (disabled person parking)at 6113 1/2 Gallant Street.
BACKGROUND/DISCUSSION:
The Department of Public Works received a request for the installation of a blue curb at the property of 6113 1/2 Gallant Street; specifically to help with the resident's (disabled person) access to the home.
The City Engineer completed a site investigation of the location to confirm existing conditions and any other constraints for the installation of blue curb.
Gallant Street is a local residential street with prima facia speed limit of 25 miles per hour (MPH). The street has multi-family dwelling units on both sides of the street. The resident is requesting an on-street painted blue curb for disabled person access. As required by the City's policy, the vehicle in question utilizing a handicap placard issued by the State of California is to be registered to the resident along with the vehicle to the address of the property.
The resident indicated there is assigned parking on site, but the vehicle they use for disabled person access is too large to fit down the narrow property driveway.
On October 4, 2022, the Traffic and Safety Commission approved forwarding for City Council consideration, the installation of sixteen feet of blue curb (disabled person parking)at 6113 1/2 Gallant Street.
CONCLUSION:
Staff recommends the installation of the blue curb at the property; however, the resident will be informed that the blue curb allows anyone having a valid handicap placard issued by the State to park in that space on the public street.
FISCAL IMPACT:
275
The estimated cost for installing the new blue curb and sign is approximately $400 and is available in the current Street Maintenance Budget.
ATTACHMENTS:
Exhibit 1 - Resolution No. 2022-110
Exhibit 2 - Master Parking Resolution
Exhibit 3 - Location
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 276
RESOLUTION NO. 2022-110
A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF BELL GARDENS, CALIFORNIA, AMENDING RESOLUTION NO. 2005-15 SECTION 5E ESTABLISHING PARKING RESTRICTIONS IN THE CITY OF BELL GARDENS IN ACCORDANCE WITH CHAPTER 13.20 (PARKING) OF THE BELL GARDENS MUNICIPAL CODE
WHEREAS, the City Council desires by this Resolution to amend Section 5E of Resolution No. 2005-15 to add an area of blue curb `handicapped parking'; and WHEREAS, the City Council desires to add Item Number 16 to Section 5E.
NOW, THEREFORE, BE IT RESOLVED by the City Council of the City of Bell Gardens as follows:
SECTION 1. The City Council, after consideration of the staff report and presentation, discussion, oral testimony and evidence presented to the City Council, hereby finds that the above recitals are true and correct and incorporate them herein.
SECTION 2. Resolution No. 2005-15 is hereby amended as to Section 5E of said resolution to add an area of blue curb `handicapped parking' as follows:
Section 5E:
16. The north side of Gallant Street from a point three hundred eighty-four (384) feet west of the western prolongation of Ira Avenue to a point four hundred (400) feet westerly thereof;
SECTION 3. In all other respects, Resolution No. 2005-15 is hereby reaffirmed and ratified, except as modified in Section 2 above of this Resolution.
SECTION 4. The City Council hereby approves the amendment to the City's master parking list and directs City staff to amend the City's master parking list by adding `handicapped parking' (blue curb) area described in the preceding paragraph.
SECTION 5. The City Clerk shall attest and certify to the passage and adoption of this Resolution and enter it into the book of original resolutions, and it shall become effective immediately upon its approval.
Exhibit 1 277
Resolution No. 2022-110
PASSED, APPROVED, and ADOPTED this 24t" day of October, 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 1 278
PARKING RESOLUTION
Updated: 8-10-22
A RESOLUTION OF THE CITY COUNCIL OF
THE CITY OF BELL GARDENS ESTABLISHING
PARKING RESTRICTIONS IN THE CITY OF
BELL GARDENS.
WHEREAS, the City Council desires to amend Resolution 2005-15 to add Item Number 162 of Section 1 A.
NOW, THEREFORE, THE CITY COUNCIL OF THE CITY OF BELL GARDENS FINDS, DETERMINES, AND RESOLVES AS FOLLOWS:
SECTION 1. The stopping, standing, or parking of a vehicle upon any of the following streets or parts thereof shall be prohibited, pursuant to Section 13.20.120 of the Bell Gardens Municipal Code, at all times or during such other hours as are set forth herein:
A. At all times.
1. The north side of Gage Avenue from a point eight hundred fifty-five (855)feet east of the prolongation of the east curb of Garfield Avenue to a point two hundred (200) feet west of the prolongation of the west curb of Darwell Avenue;
2. The south side of Gage Avenue from a point five hundred seventy-five (575) feet west of the prolongation of the east curb of Garfield Avenue to the prolongation of the east curb of Ira Avenue;
3. On the north and south sides of Gage Avenue from Specht Avenue to Eastern Avenue;
4. On the north and south sides of Gage Avenue from the prolongation of the easterly curb of Eastern Avenue to a point two hundred (200) feet easterly thereof;
5. On the north and south sides of Gage Avenue from a point two hundred (200) feet west of the prolongation of the westerly curb of Colmar Avenue to a point two hundred (200) feet east of the prolongation of the easterly curb of Colmar Avenue;
6. On the north and south sides of Gage Avenue from a point two hundred (200)feet west of the prolongation of the westerly curb of Jaboneria Road to a point two hundred (200) feet east of the prolongation of the easterly curb of Jaboneria Road;
7. The east side of Darwell Avenue from the prolongation of the northerly curb of Florence Avenue to a point six hundred twenty (620) feet north of the prolongation of the northerly curb of Loveland Avenue;
1 Exhibit 2 279
8. The west side of Marlow Avenue from the driveway at 5560 Ludell Street to a point two hundred fifty (250) feet northerly thereof;
9. The north side of Florence Avenue from the prolongation of the east curb line of Ira Avenue to a point two hundred thirty-five (235) feet east of the prolongation of the east curb line of Toler Avenue;
10. The north side of Shull from the prolongation of the easterly curb of Garfield Avenue to a point one hundred sixty-five (165) feet easterly thereof;
11. The south side of Suva Street between Loveland Street and Emil Avenue;
12. The west side of Bell Gardens Avenue from the prolongation of the southerly curb of Quinn Street to a point six hundred (600) feet north of the prolongation of the northerly curb of Gotham Street;
13. The south side of Gage Avenue from a point two hundred fifty (250) feet west of the prolongation of the westerly curb of Chalet Drive to a point two hundred seventy (270) feet east of the prolongation of the easterly curb of Chalet Drive;
14. The south side of Clara Street between the west City limits and the south Clara Street service road;
15. The north side of Clara Street from the west City limits to the north Clara Street service road;
16. The north and south side of Loveland Street from the prolongation of the west curb on Garfield Avenue to a point two hundred fifteen (215)feet westerly thereof;
17. The south side of Florence Avenue from the prolongation of the west curb of Priam Drive to a point sixty-three (63) feet westerly thereof;
18. The north side of Gage Avenue from two hundred seventy (270)feet west of the prolongation of the west curb line of Emil Avenue to a point nine hundred sixty (960) feet westerly thereof;
19. The red curb would begin on the north side of Agra Street from a point four hundred (400) feet west of the prolongation of the west curb line of Jaboneria Road to a point four hundred fifty (450) feet westerly thereof;
20. The south side of Gage Avenue from a point four hundred (400) feet east of the prolongation of the east curb of Perry Road to a point four hundred sixty (460) feet easterly thereof;
21. The south side of Quinn Street from the prolongation of the west curb of Jaboneria Road to a point one hundred (100) feet westerly thereof; 2 Exhibit 2 280
22. The north and south sides of Gage Avenue from the west City limits to the service roads;
23. The east and west sides of Scout Avenue from the prolongation of the north curb of Florence Avenue to a point two hundred fifty (250) feet northerly thereof;
24. The north side of Florence Avenue from a point three hundred (300) feet west of the prolongation of the west curb line of Scout Avenue to the east City limits;
25. The west side of Jaboneria Road from the prolongation of the north curb of Gage Avenue to a point two hundred (200) feet northerly thereof;
26. The east side of Jaboneria Road from the prolongation of the north curb of Gage Avenue to a point fifty (50) feet northerly thereof;
27. The east and west sides of Jaboneria Road from the prolongation of the south curb of Gage Avenue to a point two hundred (200)feet southerly thereof;
28. The east side of Eastern Avenue from the prolongation of the north curb line of Florence Avenue to a point five hundred forty-five (545) feet northerly thereof;
29. The east side of Eastern Avenue from the prolongation of the south curb line of Florence Avenue to a point two hundred (200) feet southerly thereof;
30. The north side of Florence Avenue from the prolongation of the east curb line of Eastern Avenue to a point one hundred ninety-five (195)feet east of the prolongation of the east curb line of Ajax Avenue;
31. The north and south sides of Florence Avenue from the prolongation of the west curb line of Eastern Avenue to the west City limits;
32. The north side of Suva Street from a point six hundred ninety-four (694) feet east of the prolongation of the east curb line of Emil Avenue to a point seven hundred six (706) feet easterly thereof;
33. The west side of Ira Avenue from the prolongation of the southerly curb line of Clara Street to the westerly curb line of Garfield Avenue;
34. The east side of Eastern Avenue from the prolongation of the northerly curb line of Watcher Street to the northerly City limits;
35. The south side of Florence Avenue from the prolongation of the east curb line of Eastern Avenue to a point one hundred seven (107) feet east of the prolongation of the east curb line of El Selinda Avenue;
36. The north side of Agra Street from a point four hundred (400)feet west of the prolongation of the west curb line of Jaboneria Road to a point six hundred (600) feet westerly thereof;
3 Exhibit 2 281
37. The east side of Garfield Avenue from a point one hundred ninety (190) feet south of the prolongation of the south curb of Cecilia Avenue to a point two hundred ten (210) feet southerly thereof;
38. The north side of Clara Street from a point 175' west of the western prolongation of Kress Street to a point 200' westerly thereof.
39. The south side of Suva Street from a point six hundred fifty-five (655) feet east of the prolongation of the east curb line of Emil Avenue to a point seven hundred thirty-five (735) feet easterly thereof;
40. The west side of Garfield Avenue from the prolongation of the easterly curb line of Eastern Avenue to a point one hundred twenty (120) feet northerly thereof;
41. The south side of Clara Street from a point one hundred seventy-two (172)feet east of the prolongation of the easterly curb of Garfield Avenue to a point three hundred twenty (320) feet easterly thereof;
42. The south side of Florence Avenue from a point one hundred seventy (170)feet west of the prolongation of the west curb line of Jaboneria Road to a point seventy (70) feet east of the prolongation of the east curb line of Jaboneria Road;
43. The south side of Florence Avenue from a point fifty (50) feet east of the prolongation of the east curb line of Ira Avenue to a point forty (40) feet west of the prolongation of the west curb line of Ira Avenue;
44. The south side of Florence Avenue from a point two hundred sixty-five (265)feet east of the prolongation of the east curb line of Ira Avenue to a point three hundred ninety (390) feet easterly thereof;
45. The south side of Florence Avenue from a point two hundred ten (210) feet west of the prolongation of the west curb line of Toler Avenue to a point seventy-five (75)feet east of the prolongation of the east curb line of Toler Avenue;
46. The south side of Florence Avenue from a point one hundred forty-five (145) feet west of the prolongation of the west curb line of Garfield Avenue to a point three hundred thirty-five (335) feet east of the prolongation of the east curb line of Garfield Avenue;
47. The south side of Florence Avenue from a point one hundred thirty (130) feet west of the prolongation of the west curb line of Perry Road to a point forty (40) feet east of the prolongation of the east curb line of Perry Road;
48. The south side of Florence Avenue from a point sixty-five (65) feet west of the prolongation of the west curb line of Kress Avenue to a point seventy (70) feet east of the prolongation of the east curb line of Kress Avenue;
49. The south side of Florence Avenue from a point one hundred twenty- five (125) feet west of the prolongation of the west curb line of Emil Avenue to a 4 Exhibit 2 282
point one hundred sixty-three (163) feet east of the prolongation of the east curb line of Emil Avenue;
50. The north side of Florence Avenue from a point sixty-two (62) feet west of the prolongation of the west curb line of El Selinda Avenue to a point one hundred thirty (130) feet east of the prolongation of the east curb line of El Selinda Avenue;
51. The north side of Florence Avenue from a point one hundred sixty-five (165)feet west of the prolongation of the west curb line of Jaboneria Road to a point seventy (70) feet east of the prolongation of the east curb line of Jaboneria Road;
52. The north side of Florence Avenue from the prolongation of the west curb line of Ira Avenue to a point sixty-five (65) feet westerly thereof;
53. The west side of Eastern Avenue from the prolongation of the south curb line of Lubec Street to the prolongation of the north curb line of Priory Street;
54. The north side of Florence Avenue from the prolongation of the east curb line of Granger Avenue to a point sixty-five (65) feet easterly thereof;
55. The north side of Florence Avenue from a point sixty-three (63) feet west of the prolongation of the west curb line of Perry Road to a point one hundred fifty (150) feet east of the prolongation of the east curb line of Perry Road;
56. The north side of Florence Avenue from a point fifty-seven (57) feet west of the prolongation of the west curb line of Emil Avenue to a point one hundred ninety-five (195) feet east of the prolongation of the east curb line of Emil Avenue;
57. The north side of Florence Place from a point two hundred thirty(230) feet west of the prolongation of the west curb line of Toler Avenue to a point fifty-five (55) feet east of the prolongation of the east curb line of Toler Avenue;
58. The east side of Eastern Avenue from the prolongation of the south curb line of Fry Street to the prolongation of the north curb line of Live Oak Street;
59. The north side of Live Oak Street from the prolongation of the east curb line of Eastern Avenue to a point one hundred fifty (150) feet easterly thereof;
60. The north side of Fry Street from the prolongation of the east curb line of Eastern Avenue easterly to the school property;
61. The north side of Priory Street from the prolongation of the west curb line of Eastern Avenue westerly to the west City limits;
62. The south side of Priory Street from the prolongation of the west curb line of Eastern Avenue to a point one hundred fifty (150) feet westerly thereof;
63. The west side of Darwell Avenue from the prolongation of the south curb line of Gage Avenue to a point one hundred eighty (180)feet southerly thereof; 5 Exhibit 2 283
64. The south side of Scout Avenue from a point thirty (30) feet west of the west property line of 7800 Scout Avenue easterly to a point fifty (50) feet;
65. The south side of Scout Avenue from the east property line of 7800 Scout Avenue westerly to a point thirty (30) feet;
66. The north side of Florence Place from the prolongation of the east curb of Garfield Avenue to a point two hundred thirty (230) feet easterly thereof;
67. The south side of Lubec Street from the prolongation of the west curb of Eastern Avenue to a point one hundred ninety-five (195) feet east of the prolongation of the east curb of Marlow Avenue;
68. The south side of Quinn Avenue from Lynda Lane to a point twenty- five (25) feet east of the prolongation of the east curb of Lynda Lane;
69. The east side of Eastern Avenue between the points six hundred sixty- five (665)feet and seven hundred twenty-five (725)feet north of the prolongation of the north curb of Florence Avenue;
70. The east side of Garfield Avenue from a point three hundred twenty- five (325) feet south of the prolongation of the south curb line of Loveland Street to a point five hundred thirty-five (535) feet southerly thereof;
71. The east side of Eastern Avenue from the prolongation of the south curb of Gage Avenue to a point two hundred thirty (230) feet southerly thereof;
72. The north and south sides of Clara Street from the prolongation of the west curb of Eastern Avenue to a point three hundred fifty (350) feet westerly thereof;
73. The north and south sides of Clara Street from the prolongation of the east curb of Eastern Avenue to a point two hundred fifty-five (255) feet easterly thereof;
74. The west side of Scout Avenue from the prolongation of the south curb of Florence Avenue to the prolongation of the east curb of Priam Drive;
75. The east side of Scout Avenue from the prolongation of the south curb of Florence Avenue to a point one hundred (100) feet south of the prolongation of the south curb of Clara Street;
76. The south side of Hannon Street from a point six hundred (600) feet east of the prolongation of the east curb of Chalet Drive to a point six hundred seventy-five (675) feet southerly thereof;
77. The north side of Hannon Street from a point six hundred twenty-five (625) feet east of the prolongation of the east curb of Chalet Drive to a point seven hundred seventy-five (775) feet southerly thereof;
6 Exhibit 2 284
78. The west side of Perry Road from the prolongation of the south curb of Florence Avenue to a point three hundred five (305) feet southerly thereof;
79. The east side of Perry Road from the prolongation of the south curb of Florence Avenue to a point one hundred (100) feet southerly thereof;
80. The east side of Colmar Avenue from the prolongation of the south curb of Gage Avenue to a point fifty-five (55) feet southerly thereof;
81. The west side of Perry Road from the prolongation of the north curb of Florence Avenue to the alley northerly thereof;
82. The east side of Greenwood Avenue from the prolongation of the south curb of Gage Avenue to a point one hundred five (105)feet southerly thereof;
83. The west side of Greenwood Avenue from the prolongation of the south curb of Gage Avenue to a point fifty (50) feet southerly thereof;
84. The north side of Gage Avenue from the prolongation of the west curb of Greenwood Avenue to a point one hundred five (105) feet westerly thereof;
85. The west side of Emil Avenue from the prolongation of the south curb of Gage Avenue to a point forty (40) feet southerly thereof;
86. The east side of Emil Avenue from the prolongation of the south curb of Gage Avenue to a point one hundred fifty (150) feet southerly thereof;
87. The east side of Darwell Avenue from the prolongation of the south curb of Gage Avenue to a point seventy (70) feet southerly thereof;
88. The east side and west side of Darwell Avenue from the prolongation of the north curb of Gage Avenue to a point sixty (60) feet northerly thereof;
89. The west side of Colmar Avenue from the prolongation of the north curb of Gage Avenue to a point seventy-five (75) feet northerly thereof;
90. The south side of Gage Avenue from the prolongation of the west curb of Greenwood Avenue to a point two hundred five (205) feet westerly thereof;
91. The north side of Gage Avenue from a point two hundred eighty-five (285) feet east of the prolongation of the east curb of Chalet Drive to a point three hundred twenty-five (325) feet west of the prolongation of the west curb of Chalet Drive;
92. The east side of Chalet Drive from the prolongation of the south curb of Gage Avenue to a point one hundred forty (140) feet southerly thereof;
93. The north side of Gage Avenue from a point two hundred forty-five (245) feet east of the prolongation of the east curb of Emil Avenue to a point two hundred thirty-five (235) feet west of the prolongation of the west curb of Emil Avenue;
7 Exhibit 2 285
94. The south side of Gage Avenue from a point one hundred sixty (160) feet west of the prolongation of the west curb of Emil Avenue to a point two hundred thirty-five (235) feet west of the prolongation of the east curb of Emil Avenue;
95. The west side of Garfield Avenue from the prolongation of the south curb of Loveland Street to a point two hundred fifty (250) feet southerly thereof;
96. The east side of Garfield Avenue from a point four hundred (400)feet north of the prolongation of the north curb of Clara Street to a point six hundred sixty-five (665) feet northerly thereof;
97. The west side of Jaboneria Road from the prolongation of the north curb of Clara Street to a point one hundred seventy (170) feet northerly thereof;
98. The east side of Jaboneria Road from the prolongation of the south curb of Clara Street to a point one hundred seventy-six(176)feet southerly thereof;
99. The south side of Clara Street from the prolongation of the west curb of Jaboneria Road to a point one hundred seventy-seven (177) feet westerly thereof;
100. The north side of Clara Street from the prolongation of the east curb of Jaboneria Road to a point one hundred thirty (130) feet easterly thereof; 101. The west side of Emil Avenue from a point two hundred seventy(270) feet south of the prolongation of the south curb of Florence Avenue to a point two hundred ninety (290) feet southerly thereof;
102. The south side of Shull Street from a point eight hundred eighty-nine (889)feet east of the BCR at Jaboneria Road, twenty-five (25)feet east and west of the back driveway at 5700 Shull Street;
103. The north side of Clara Street from a point one hundred forty-five (145) feet west of the prolongation of the west curb of Ira Avenue to a point one hundred sixty (160) feet westerly thereof;
104. The north side of Clara Street from a point one hundred ninety (190) feet west of the prolongation of the west curb of Ira Avenue to a point two hundred five (205) feet westerly thereof;
105. The north side of Clara Street from a point four hundred (400) feet west of the prolongation of the west curb of Ira Avenue to a point four hundred fifteen (415) feet westerly thereof;
106. The north side of Clara Street from a point four hundred forty-five (445) feet west of the prolongation of the west curb of Ira Avenue to a point four hundred sixty (460) feet westerly thereof;
107. The north side of Watcher Street from a point eighty (80) feet east of the west curb of Jaboneria Road to a point ninety(90)feet south of the north curb of Watcher Street on the west side of Jaboneria Road;
8 Exhibit 2 286
108. The east side of Colmar Street from a point fifty (50) feet north of the prolongation of the north curb line of Lanto Street to a point one hundred fifty-five (155) feet northerly, thereof;
109. The east side of Emil Avenue south of Clara Street at alley entrance from the BCR on the north side of alley to a point twenty (20)feet northward on the east side of Emil Avenue; and from the BCR on the south side of alley to a point twenty (20) feet southward on the east side of Emil Avenue; 110. The west side of Emil Avenue south of Clara Street from the BCR on the north side of alley to a point twenty (20)feet northward on the west side of Emil Avenue;
111. The south side of Florence Avenue from a point one hundred forty (140)feet west of the prolongation of the west curb line of Ira Avenue to a point one hundred sixty-eight (168) feet westerly thereof;
112. The west side of Garfield Avenue from a point twenty five (25) feet south of the southern prolongation of Loveland Street to a point four hundred twenty-five (425) feet southerly, thereof;
113. The west side of Garfield Avenue from a point five hundred fifty (550) feet south of the southern prolongation of Loveland Street to a point seven hundred nineteen (719) feet southerly, thereof;
114. The north side of the southern Clara Street service road from the west City limits cul-de-sac to a point two hundred eighty five (285) feet easterly thereof; 115. The west side of Ajax Avenue from the prolongation of the southern curb line of Lubec Street, to a point 562' southerly thereof; 116. The south side of Ludell Street from a point of (12) feet west of the prolongation of the western curbline of El Selinda, to a point one hundred four feet (104) westerly thereof;
117. The south side of Gage from a point (423) feet east of the prolongation of the east curb line of Garfield Avenue to a point five hundred twenty three feet easterly thereof;
118. The south side of Park Lane, from a point four hundred twenty-three feet (423') east of the eastern prolongation of the east side of Garfield Avenue, to a point five hundred twenty-three feet (523') easterly; thereof."; 119. The southside of Priory Street, twenty-one (21') feet west of the western prolongation to a point of six hundred fifty eight (658') westerly thereof; 120. The north side of Agra Street, from a point four hundred eighty seven feet (487') from the east prolongation of Colmar Street to a point six hundred and one feet(601') easterly thereof. For a total of one hundred and fourteen feet(114'); 9 Exhibit 2 287
121. The north side of Lubec Street from a point fourteen (14) feet east of the eastern prolongation of Specht Avenue to a point one hundered fourty three (143) feet easterly thereof; (08/28/06)
122. The north side of Foster Bridge Blvd from a point twenty five (25)feet west of the western prolongation of Priam Drive to a point fifty five (55)feet westerly thereof; (03/26/07)
123. The north side of Foster Bridge Blvd from a point one hundred ninety three (193) feet west of the western prolongation of Cassandra Avenue to a point two hundred forty one (241) feet westerly thereof; (03/26/07) 124. The east side of Emil Avenue from a point twenty six (26) feet of the southern prolongation of Otto Street to a point fifty six (56) feet southerly thereof; (08/27/07)
125. The east side of Priam Drive from a point ten (10) feet north of the northern prolongation of Foster Bridge Blvd to a point forty (40) feet northerly thereof; (10/22/07)
126. The west side of Priam Drive from a point fifteen (15) feet north of prolongation of Foster Bridge Blvd to a point thirty(30)feet northerly thereof; (10/22/07) 127. The east side of Garfield Avenue from a point ten (10) feet south of the southern prolongation of Gallant Street to a point fourty-one (41) feet southerly thereof; (11/12/07)
128. The south side Gotham Street (at 5648 Gotham Street) from a point fifteen (15) feet south of the west of the western prolongation of the alley to a point 50 feet westerly thereof; (05/12/08)
129. The east side of Scout Avenue from a point five hundred twenty two (522')feet north of the northerly prolongation of Florence Avenue to a point five hundred sixty two (562') feet northerly thereof; (08/25/08) 130. The east side of Scout Avenue from a point six hundred and eight (608')feet north of the northerly prolongation of Florence Avenue to a point six hundred forty eight (648') feet northerly thereof; (08/25/08) 131. The west side of Scout Avenue from a point five hundred and sixty feet (560') south of the southern prolongation of Live Oak Street to a point of six hundred (600') feet southerly thereof; (03/23/09 7535 Scout Ave) 132. The west side of Scout Avenue from a point six hundred thirty (630') feet south of the southern prolongation of Live Oak Street to a point of six hundred fifty (650') feet southerly thereof; (03/23/09) 133. The west side of Scout Avenue from a point seven hundred twenty five (725') feet south of the southern prolongation of Live Oak Street to a point seven hundred sixty five (765') feet southerly thereof; (03/23//09) 134. The west side of Scout Avenue from a point eight hundred (800')feet south of the southern prolongation of Live Oak Street to a point eight hundred twenty (820') feet southerly thereof; (03/23/09) 10 Exhibit 2 288
135. The south side of Foster Bridge Blvd from a point seven hundred and seventy seven (777) feet west of the western prolongation of Scout Avenue to a point seven hundred and ninety four (794) feet westerly thereof; (Reso 2011-14 04/25/11)
136. The south side of Foster Bridge Blvd from a point eight hundred forty six (846) feet west of the western prolongation of Scout Avenue to a point eight hundred sixty nine (869) feet westerly thereof, (Reso 2011-14 04/25/11)
137. On the north side of Lubec Street from a point thirteen (13)feet east of the eastern prolongation of El Cortez Avenue, to a point fifty three(53) feet easterly thereof, (Reso 2011-50 11/28/11)
138. On the north side of Suva Street from a point nine-hundred and seven (907) feet west of the west prolongation of Scout Avenue to a point forty (40) feet westerly thereof; (Reso 2012-15 02/27/12) 138. On the north side of Florence Place from a point two hundred and fifty one (251) feet west of the west prolongation of Garfield Avenue to a point fifty seven (57) feet westerly thereof; (Reso 2012-16 02/27/12) 139. On the north side of Agra Street from a point six hundred one (601') feet west of the westerly prolongation of Jaboneria Road to a point six hundred thirty (630') feet westerly thereof; (Reso 2012-49 09/24/12) 140. On the north side of Watcher Street from the east prolongation of Eastern Avenue to a point 127' feet thereof, (Reso 2013-29 07/22/13) 141. On the south side of Watcher Street from a pointy thirty-five (35')feet from the easterly prolongation of Eastern Avenue to a point one- hundred twenty (120') feet easterly thereof; (Reso 2014-39) 142. On the south side of Loveland Street from the western prolongation of Adamson Avenue to a point thirty three feet(33')westerly thereof; (Reso 2014-44)
143. The west side of Jaboneria Road from a point two hundred eighty seven feet south of the prolongation of the south curb line of Clara Street to a point three hundred twenty eight (328') feet southerly thereof; (Reso.2017-35 8-14-17)
144. The north side of Live Oak Street a point ninety nine (99')feet west of the ending curb radius of Purdy Avenue to a point one hundred twenty nine (129') feet westerly thereof; (Reso.2017-56 12-11-17) 145. The north side of Live Oak Street from a point two hundred twenty nine (229') feet west of the ending curb radius of Purdy Avenue to a point two hundred fifty nine (259')feet westerly thereof, (Reso.2017-56 12- 11-17)
146. The north side of Live Oak Street from a point three hundred seventy one (371') feet west of the ending radius of Purdy Avenue to a point four hundred sevent one (471')feet westerly thereof, (Reso.2017-5612-11-17) 11 Exhibit 2 289
147. The north side of Lubec Street from the prolongation of the west curb of Purdy Avenue to a point ten (10')feet westerly thereof, (Reso 2020-10 2-10-20)
148. The south side of Lubec Street from the prolongation of the west curb of Purdy Avenue to a point ten (10') feet westerly thereof, (Reso 2020-10 2-10-20)
149. The south side of Lubec Street from the prolongation of the east curb of Purdy Avenue to a point ten (10')feet easterly thereof, (Reso 2020-10 2-10-20)
150. The north side of Lubec Street from the prolongation of the east curb of Purdy Avenue to a point ten (10') feet easterly thereof, (Reso 2020-10 2-10-20)
151. The east side of Purdy Avenue from the prolongation of the north curb of Lubec Street to a point ten (10')feet northerly thereof, (Reso 2020-10 2- 10-20)
152. The west side of Purdy Avenue from the prolongation of the south curb of Lubec Street to a point ten (10') feet southerly thereof; (Reso 2020-10 2-10-20)
153. The east side of Purdy Avenue from the prolongation of the south curb of Lubec Street to a point ten (10')feet southerly thereof. (Reso 2020-10 2- 10-20)
154. The west side of Emil Avenue from a point five hundred thirty-five (535') feet south of the prolongation of the south curb of Florence Avenue to a point five hundred sixty(560')feet southerly thereof. (Reso. 2021-04 1-25-21)
155. The west side of Ira Avenue from a point three hundred seventy one (371') feet south of the prolongation of the south curb of Live Oak Street to a point three hundred ninety one (391') feet southerly thereof. (Reso 2021-73 9-13-21)
156. The west side of Ira Avenue from a point twenty (20') feet south of the prolongation of the south curb of Priory Street to a point forty (40') feet southerly thereof. (Reso 2021-73 9-13-21)
157. The west side of Garfield Avenue from a point four hundred eight (408') feet south of the prolongation of south curb on Ira Avenue to a point four hundred sixty (460') feet southerly thereof. (Reso 2021-74 9-13-21)
158. The east side of Garfield Avenue from a point four hundred thirty six (436') feet north of the prolongation of the north curb of Muller Street to a point four hundred seventy one (471') feet northerly thereof. (Reso 2021-74 9-13-21)
159. The west side of Jaboneria Road from a point seven hundred twenty six (726') feet south of the prolongation of the south curb of Lubec 12 Exhibit 2 290
Street to a point seven hundred sixty six (766')feet southerly thereof; (Reso 2021-91 10-25-21)
160. The west side of Jaboneria Road from a point sixteen (16')feet south of the prolongation of the south curb of Ludell Street to a point thirty (30') feet southerly thereof; (Reso 2021-91 10-25-21)
161. The south side of Florence Avenue from the prolongation of the east curb line of Jaboneria Road to a point two hundred thirteen (213)feet easterly thereof, (Reso. 2022-21 3-14-22)
162. On the east side of Eastern Avenue from a point three hundred fifty- two (352')feet north of the prolongation of the north curb line of Lubec Street to a point three hundred sixty-two (362') feet northerly thereof; (Reso. 2022-71 8-8-22)
B. Designated Hours:
1. The south side of Clara Street from the south Clara service road and a point three hundred fifty (350) feet west of the prolongation of the west curb of Eastern Avenue, between the hours of 3:00 p.m. and 6:00 p.m., Saturdays, Sundays, and holidays excepted;
2. The south side of Clara Street, from a point three hundred fifty (350) feet east of the prolongation of the east curb of Eastern Avenue to a point two hundred (200) feet east of the prolongation of the east curb of Jaboneria Road, between the hours of 3:00 p.m. and 6:00 p.m., Saturdays, Sundays, and holidays excepted and excluding the no stopping anytime areas;
3. The north side of Clara Street, from a point two hundred fifty-five(255) feet east of the prolongation of the east curb of Eastern Avenue to a point three hundred (300) feet east of the prolongation of the east curb of Jaboneria Road, between the hours of 6:30 a.m. and 8:30 a.m., Saturdays, Sundays, and holidays excepted and excluding the no stopping anytime areas;
4. The south side of Florence Avenue from a point one hundred twenty- five (125)feet east of the prolongation of the east curb line of Priam Drive to a point one hundred seven (107) feet east of the prolongation of the east curb line of El Selinda Avenue, between the hours of 3:00 p.m. and 6:00 p.m., Saturdays, Sundays, and holidays excepted and excluding the no stopping any time areas;
5. The north side of Florence Avenue from a point one hundred ninety- five (195) feet east of the prolongation of the east curb line of Ajax Avenue to a point one hundred (100) feet west of the prolongation of the west curb line of Garfield Avenue, between the hours of 6:00 a.m. and 8:00 a.m., Saturdays, Sundays, and holidays excepted and excluding the no stopping any time areas;
6. The north side of Florence Avenue from a point ninety(90)feet east of the prolongation of the east curb line of Garfield Avenue to a point three hundred (300) feet west of the prolongation of the west curb line of Scout Avenue, between the hours of 6:00 a.m. and 9:00 a.m., Saturdays, Sundays, and holidays excepted and excluding the no stopping any time areas;
13 Exhibit 2 291
SECTION 2. The stopping, standing, or parking of a vehicle upon any of the following streets or parts thereof for a period of time in excess of the time hereafter set forth, shall be prohibited pursuant to Section 13.20.110 of the Bell Gardens Municipal Code, at all times or during such other hours as are set forth herein unless such vehicle displays a parking permit authorized on the streets listed under Section 2A (4-9):
A. Two-hour parking -7:00 a.m. to 6:00 p.m., Saturdays, Sundays, and holidays excepted
1. The east side of Garfield Avenue from Florence Place to the northerly City limits and the west side of Garfield Avenue from a point five hundred seventy feet (570') south of the southern prolongation of Gage Avenue to the northern curb line of Florence Place;
2. The south side of Gage Avenue from a point two hundred (200) feet east of the prolongation of the east curb of Eastern Avenue to Ajax Avenue;
3. The west side of Garfield Avenue from a point twenty-three (23) feet north of the driveway of the Garfield Elementary School to a point one hundred eighty (180) feet south;
4. The south side of Agra Street from Colmar Avenue to Darwell Avenue (permit parking allowed);
5. The north side of Agra Street from Jaboneria Road to Darwell Avenue (permit parking allowed);
6. The east side of Jaboneria Road from Agra Street to Watcher Street (permit parking allowed);
7. The east and west sides of Jaboneria Road from Agra Street to the alley one hundred forty (140) feet south of Agra Street (permit parking allowed);
8. The north and south sides of Watcher Street from Jaboneria Road to Darwell Avenue (permit parking allowed);
9. The north and south sides of Lanto Street from Jaboneria Road to Darwell Avenue (permit parking allowed);
10. The north side of Suva Street from Emil Avenue to the east City limits;
11. The south side of Suva Street from the east property line of Suva Elementary School to the east City limits;
12. The north side of Quinn Street between Jaboneria Road and Lynda Lane;
13. The east side of Jaboneria Road between Quinn Street and Muller Street;
14 Exhibit 2 292
14. The east and west sides of Emil Avenue between Florence Place and Suva Intermediate School;
15. The east side of Garfield Avenue between the points three hundred (300) feet and four hundred (400) feet north of the northerly prolongation of the north curb of Clara Street;
16. The south side of Florence Place from Garfield Avenue to Florence Avenue;
17. The east side of Scout Avenue between the points two hundred fifty (250) feet and eight hundred forty (840) feet north of the prolongation of the north curb of Florence Avenue;
18. The west side of Eastern Avenue adjacent to the premises at 8029 Eastern Avenue (approximately one hundred fifty (150) feet);
19. The west side of Eastern Avenue from the prolongation of the north curb line of Lubec Street to the northerly City limits;
20. The east side of Eastern Avenue from a point seven hundred twenty- five (725)feet north of the prolongation of the north curb line of Florence Avenue to the prolongation of the south curb line of Watcher Street;
21. The north side of Live Oak Street from a point one hundred fifty (150) feet east of the prolongation of the east curb line of Eastern Avenue easterly to the school property;
22. The east side of Eastern Avenue between the points five hundred forty-five (545)feet and six hundred twenty-five (625)feet north of the prolongation of the north curb of Florence Avenue;
23. The west side of Garfield Avenue from the prolongation of the north curb of Shull Street to a point two hundred ten (210) feet northerly thereof;
24. The west side of Garfield Avenue from the prolongation of the south curb of Clara Street to a point two hundred five (205) feet southerly thereof;
25. The east and west sides of Eastern Avenue from the prolongation of the south sides of Clara Street to the prolongation of the north sides of Shull Street;
26. The north side of Cecilia Street from a point sixth (60)feet east of the Eastern prolongation of Eastern Avenue to a point one hundred sixty (160) feet easterly thereof.
27. On the north side of Agra Street from a point four hundred forty(440') feet west of the west prolongation of Jaboneria Road to a point four hundred eighty one (481') feet westerly thereof. (added Reso.2012-49 09/24/12) B. Two-hour parking 8:00 a.m. to 6:00 p.m., Saturdays, Sundays, and holidays excepted:
15 Exhibit 2 293
The north side of Florence Avenue from a point one hundred ninety-five(195) feet east of the prolongation of the east curb line of Ajax Avenue to a point one hundred (100)feet west of the prolongation of the west curb line of Garfield Avenue, excluding the no stopping any time areas.
C. Two-hour parking 7:00 a.m. to 3:00 p.m., Saturdays, Sundays, and holidays excepted:
The south side of Florence Avenue from a point one hundred twenty-five (125)feet east of the prolongation of the east curb line of Priam Drive to a point one hundred seven (107)feet east of the prolongation of the east curb line of El Selinda Avenue, excluding the no stopping any time areas.
D. Two-hour parking 9:00 a.m. to 6:00 p.m., Saturdays, Sundays, and holidays excepted:
The north side of Florence Avenue from a point ninety (90) feet east of the prolongation of the east curb line of Garfield Avenue to a point three hundred (300) feet west of the prolongation of the west curb line of Scout Avenue, excluding the no stopping any time areas.
E. Two-hour parking at all times:
The east and west sides of Greenwood Avenue, south of Gage Avenue at all hours, excluding the no stopping any time areas.
F. One-hour parking 7:00 a.m. to 10:00 p.m., Sunday excepted:
1. The east side of Eastern Avenue from the prolongation of the north curb line of Clara Street to the prolongation of the south curb line of Live Oak Street;
2. The west side of El Selinda Avenue from the prolongation of the north curb line of Florence Avenue northerly to the alley;
3. The east side of Eastern Avenue from a point two hundred (200)feet south of the prolongation of the south curb line of Florence Avenue to the prolongation of the north curb line of Fry Street;
4. The west side of Eastern Avenue from the prolongation of the south curb line of Priory Street to the prolongation of the north curb line of Clara Street;
5. Request for one-hour limit parking zone for east side of Ira Avenue, north of Florence Avenue (El Tapatio Market) **
SECTION 3. The stopping, standing, or parking of a vehicle upon municipal parking lots shall be restricted, pursuant to Section 13.20.500 of the Bell Gardens Municipal Code, as follows:
16 Exhibit 2 294
A. The municipal parking lots adjacent to the Bell Gardens City Hall; parking only for the purpose of conducting business at City Hall.
B. The municipal parking lots adjacent to Ross Auditorium, Bell Gardens Park, and Ford Park; parking only for the purpose of conducting business at, or use of, the Auditorium or Park facilities, and no parking shall be permitted between the hours of 2:00 a.m. and 4:00 a.m.
C. The municipal parking lot at Ford Park adjacent to the golf course in designated spaces with signs and or marking; parking only for conducting business at, or use at, Ford Park Gold Course during the posted hours of operation.
SECTION 4. The stopping, standing, or parking of a vehicle upon any of the streets or parts thereof in the areas of the City hereinafter designated shall be prohibited pursuant to Section 13.20.120 of the Bell Gardens Municipal Code on the days designated between the hours of 8:00 a.m. and 4:00 p.m., for street sweeping purposes, provided, however, that nothing contained herein shall be effective with respect to any commercial vehicle making pickups or deliveries of goods, wares or merchandise from or to any building or structure located on the restricted street or highway, or for the purpose of delivering materials to be used in the repair, alteration, remodeling, or reconstruction of any building or structure for which a building permit has previously been obtained.
A. Each Wednesday, between the hours of 8:00 a.m. and 4:00 p.m.:
All streets and highways and portions thereof, in that section of the City of Bell Gardens lying northerly of the centerline of Florence Avenue to the north City limits.
B. Each Thursday, between the hours of 8:00 a.m. and 4:00 p.m.:
All streets and highways and portions thereof, in that section of the City of Bell Gardens lying southerly of the centerline of Florence Avenue to the north City limits.
C. Each Friday, between the hours of 6:00 a.m. and 8:00 a.m.:
1. The east side of Eastern Avenue from north City limit to south City limit; (Reso2017-164/10/17)
D. Each Monday, between the hours of 6:00 a.m. and 8:00 a.m.:
1. The west side of Eastern Avenue from north City limit to south City limit; (Reso2017-164-10-17)
E. The following streets or portions thereof are excepted from the prohibitions contained in this Section 4:
1. Both sides of Florence Avenue;
17 Exhibit 2 295
2. Both sides of Eastern Avenue;
3. Both sides of Scout Avenue from Florence Avenue to the prolongation of the southerly curb of Live Oak Street;
4. The south side of Live Oak Street from the prolongation of the westerly curb of Scout Avenue to a point five hundred sixty (560) feet westerly thereof;
SECTION 5. The stopping, standing, or parking of a vehicle upon any of the following streets or parts thereof shall be prohibited or restricted at all times as set forth in Section 13.20.100 of the Bell Gardens Municipal Code, by means of painted curb markings:
A. Commercial loading and unloading (yellow curb)
1. The north side of Cecilia Street from a point twenty-five (25)feet west of the prolongation of the west curb line of Eastern Avenue, to a point one hundred two (102) feet westerly thereof;
2. The south side of Quinn Street from a point three hundred forty-five (345)feet west of the prolongation of the west curb line of Jaboneria Road to a point three hundred eighty-five (385) feet westerly thereof;
3. The west side of Ajax Avenue from a point two hundred (200) feet north of the prolongation of the north curb line of Florence Avenue to a point six hundred seventy-three (673) feet northerly thereof;
4. The south side of Scout Avenue from a point one hundred ninety(190) feet east of the prolongation of the east curb of Emil Avenue to a point two hundred fifty (250) feet easterly thereof;
5. The west side of Ira Street from a point one hundred fifty (150) feet north of the prolongation of the north curb line of Florence Avenue to a point two hundred fifty-five (255) feet northerly thereof;
6. The west side of Ira Avenue from a point sixty nine (69')feet south of the prolongation of the south curb of Gage Avenue to a pointy ninety one (91')feet southerly thereof to be in effect from 8:OOam to 6:OOpm except Saturdays, Sundays and Holidays; (Reso 2021-56 6228 Gage 6-28-21)
B. Passenger loading and unloading (white curb)
1. The south side of Suva Street from a point two hundred ninety-five (295) feet east of the prolongation of the east curb line of Emil Avenue to a point three hundred sixty (360) feet easterly thereof;
2. The south side of Scout Avenue from the prolongation of the west curb line of Gotham Street to a point ninety (90) feet easterly thereof; 18 Exhibit 2 296
3. The south side of Quinn Street from a point one hundred (100) feet west of the prolongation of the west curb line of Jaboneria Road to a point one hundred fifty-seven (157) feet westerly thereof;
4. The south side of Quinn Street from a point one hundred ninety(190) feet west of the prolongation of the west curb line of Jaboneria Road to a point three hundred forty-five (345) feet westerly thereof;
5. The south side of Quinn Street from a point three hundred eighty-five (385)feet west of the prolongation of the west curb line of Jaboneria Road to a point six hundred sixty (660) feet westerly thereof;
6. The west side of Eastern Avenue from a point eleven (11) feet south of the prolongation of the south curb line of Gotham Street to a point thirty-three (33) feet southerly thereof;
7. The east side of Eastern Avenue from a point four hundred thirty-five (435) feet north of the prolongation of the north curb of Lubec Street to a point four hundred sixty (460) feet northerly thereof;
8. The east side of Garfield Avenue from a point four hundred forty-six (446) feet north of the prolongation of the north curb line of Florence Place to a point four hundred sixty-six (466) feet northerly thereof;
9. The west side of Jaboneria Road from a point forty-three (43) feet north of the prolongation of the north curb line of Priory Street to a point seventy-five (75) feet northerly thereof;
10. The west side of Jaboneria Road from a point one hundred seventy- two (172)feet north of the prolongation of the north curb line of Live Oak Street to a point two hundred thirty-seven (237) feet northerly thereof;
11. The north side of Loveland Street from a point twenty-seven (27)feet east of the prolongation of the east curb line of Colmar Avenue to a point fifty-eight (58) feet easterly thereof;
12. The south side of Scout Avenue from a point twenty (20) feet east of the west property line of Ford Park Adult School, 7800 Scout Avenue to a point thirty (30) feet west of the east property line;
13. The north side of Watcher Street from a point eighty (80) feet east of the west curb of Jaboneria Road to a point two hundred eighty (280) feet easterly thereof;
14. The east side of Toler Avenue from a point one hundred ninety-one (191) feet north of the prolongation of the north curb line of Florence Place to a point five hundred seven (507) feet northerly thereof;
15. The north side of Live Oak Street from the prolongation of the east curb of Purdy Avenue to a point one hundred fifty (150) feet westerly thereof; 19 Exhibit 2 297
16. Request for white curb (10-minute parking) at 7425 Garfield Avenue (Garfield Elementary School)from a point 375' north of the northern prolongation of Florence Avenue to a point 850' northerly; thereof. **
17. Request for white curb (passenger loading) at 7104 Perry Road. (Rio- Hondo Boys & Girls Club.) **
18. The east side of Ira Avenue from a point one hundred ninety-two (192) feet south of the southern prolongation of Gage Avenue to a point two hundred thirty eight (238) feet southerly thereof; (11/26/07)
19. The east side of Ira Avenue from a point two hundred sixty two (262) feet south of the southern prolongation of Gage Avenue to a point two hundred eighty (280) feet southerly thereof; (11/26/07)
20. The north side of Cecilia Street from a point one hundred and fifty four (154) feet west of the western prolongation of the Jaboneria Road to a point one hundred seventy seven (177) feet westerly thereof, (At all times 07/09/08)
21. The south side of Florence Place from a point two hundred eighty eight 288' feet east of the east prolongation of Perry Road to a point 313' feet easterly thereof, (Monday through Friday 7amto 6pm 6628 Florence PI Reso 2011-0402/14/11)
22. The north side of Gallant Street from a point four hundred and eighty eight (488) feet east of the eastern prolongation of Jaboneria Road, to a point five hundred and eight (508) feet easterly thereof, (without period designations,at all times Reso 2011-15 04/25/11)
23. On the north side of Agra Street from a point three hundred and sixty-three (363') feet west of the prolongation of the west curb line of Jaboneria Road to a point five hundred and twenty-three (523') feet westerly thereof; (Reso 2015-56 8/25/15)
24. The west side of Eastern Avenue from a point one hundred and seventy seven (177')feet south of the prolongation of the south curb line of Loveland Street to a point two hundred seven (207') feet southerly thereof, (Reso.2016-17 4/25/16)
25. The north side of Florence Place from a point six hundred forty (640') feet east of the eastern prolongation of Emil Avenue to a point eight hundred forty (840') feet easterly thereof, (Reso 2016-27 7/25/16)
26. The north side of Live Oak Street from a point one hundred twenty nine (129') feet west of the ending curb radius of Purdy Avenue to a point two hundred twenty nine (229') feet westerly thereof; (Reso. 2017-5612-11-17)
C. Twenty Minute Zone (green curb)
1 Th�noi lth Side of Suva Street from a PGORt fni it hi inrlrP-d tW (TLC eRty frPccr r-
ASt f the PF91GRgatiGR ref the o-aot rG irh lino n-f Eme. "p��`o �� f9 it hi inrlror! SeVeRty fiVe (475) foot easterly thereaf (Removed by Reso 2020-101 12/14/20) Exhibit 2 398
2. The south side of Clara Street from a point fifty-five (55) feet west of the prolongation of the west curb line of Ram ish Avenue to a point eighty (80) feet westerly thereof;
3. The north side of Clara Street from a point eighty-five (85)feet west of the prolongation of the west curb line of Perry Road to a point one hundred forty (140) feet westerly thereof;
4 The eoct Side of Gmll 4�ieni ie frnm a nnint fni irteen (1 4) feet cni ith of the nr ggatinn of the se nth ni irh lino of Suva Street to o nnint forty (40) feet se itherly thereef; (Removed by Reso 2020-101 12/14/20)
5. The east side of Ajax Avenue from a point sixty-nine (69)feet north of the prolongation of the north curb line of Florence Avenue to a point ninety-eight (98) feet northerly thereof;
6. The west side of Ajax Avenue from a point eighty-seven (87)feet north of the prolongation of the north curb line of Florence Avenue to a point one hundred fifty-seven (157) feet northerly thereof;
7 Tho �niect cirlo of frnm a nnint civ hi indred (600)feet 9391 Ith of the nrnlnngatinn of the oni nth ni wh lino Af 1 GY Ign� c hi inrlror! Sixteen (616) feet cni itheFly thereefT (Removed by Reso 2020-101 12/14/20)
8. The st9 nth Side of Drinry Street frnm a nnint one hi IRdred fifty (1 50) foot Ynceot of the nrnlnngatinn of the YVeot ni irh lino of C-Aotern Aye.p ie to a nnint tnig hi inrlror! fmPie (205) foot westerly thereof; (Removed by Reso 2020-101 12/14/20) 9 The eoct Side gf�ern 4�� betWeen the nnintc civ hi inrlror! �--r�ca�ru� ��-rrcP , �r�r-r�cn-rarccr tWent y fide (625)feet apd six hi-Added sixty fide (665)feet north of the nrnlnngetign gf the north ni irh of Clnrenne AVP_R ie' (Removed by Reso 2020-101 12/14/20)
10. The south side of Gage Avenue from a point two hundred five (205) feet west of the prolongation of the west curb of Emil Avenue to a point two hundred fifty-six (256) feet westerly thereof;
11. The west side of Garfield Avenue from a point one hundred (100)feet south of the prolongation of the south curb at Cecilia Street to a point one hundred sixty (160) feet southerly thereof;
12 Th�Pct cirle of frnm a nnint SeVenty five (75) feet onvi ith of the nrnlnngatinn of the oni ith ni wh of (Mere Street to a nnint one h,ipdrer! a
ten (1 1 Q) feet cei itherly thereof (Removed by Reso 2020-101 12/14/20)
13. The eoct Side of Garfieldd frnm a nnint eight (8) feet se.ith of the nrnlnngatinn of the se ith ni irh line of Genilia Stre Sixty /�c� sei itherly thereof; (Removed by Reso 2020-101 12/14/20)
14. The west side of Garfield Avenue from a point seventy-five (75) feet north of the prolongation of the north curb of Fostoria Street to a point ninety (90) feet northerly thereof;
Exhibit 2 399
15. The north side of Florence Place from a point forty (40) feet west of the prolongation of the west curb of Granger Street to a point sixty-five (65) feet westerly thereof;
16. The west side of Eastern Avenue from a point sixty-one (61)feet south of the prolongation of the south curb of Watcher Street to a point one hundred sixty- two (162) feet southerly thereof;
17. The north side of Clara Street from a point two hundred five (205)feet west of the prolongation of the west curb of Ira Avenue to a point four hundred (400) feet westerly thereof;
18. The north side of Florence Avenue from a point one hundred (100) feet east of the prolongation of the east curb of Live Oak Street to a point one hundred twenty (120) feet easterly thereof;
19. The north side of Florence Avenue from a point one hundred sixty (160) feet east of the prolongation of the east curb of Live Oak Avenue to a point one hundred ninety (190) feet easterly thereof;
The nArth side ref Gene Aypp,ie frr)m a PGint tWA hi'Arbor! ninety(299.) Tfecet �NPeRt of the nrnlnnnotinn of the VP-St ni irh of D-AP.MP-111 4V_e'R ,e tn a nnint throo hi inrlror! bNent y (' 29) foot �nmoter1y thereof;
21. The west side of Garfield Avenue from a point sixty one (61)feet south of the southern prolongation of Muller Street to a point one hundred one (101)feet southerly thereof;
22. Request for green curb (20-minute parking) at 8045 Garfield Avenue(Garfield Market). **
23.The north side of Clara Street from a point three hundred twenty three (323) feet east of the easterly prolongation of Gephart Street to a point three hundred thirty nine feet easterly thereof; (08/28/06) 24 Th�c NPPRt�p^fvf FEascerrn A�.4p-ni io from a point fide hundred twe (59 M Tfec�ei 1th ref the oni 1ttrhT ri tieen ff (�I�r� Ctre t in PGint fide hh,in rer! thirty nine (539) foot cni 1therhi thereof; (Removed by Reso 2020-101 12/14/20)
25. The south side of Clara Street from a point three hundred and thirty five (335') east of the eastern prolongation of Garfield Avenue to a point thirty six (36') easterly thereof; 6334 Clara Street(06/14/10)
26.On the left side of Lubec Street from a point twenty five (25) feet east of the eastern prolongation of Jaboneria Road, to a point fourty five (45)feet easterly thereof, (Reso 2011-49 11/28/11)
27.The east side of Eastern Avenue from a point two hundred eighty two (282') feet north of the prolongation of the north curb of Jaboneria Road to a point three hundred thirty two (332') feet northerly thereof to be in effect from 9:00am to 6:OOpm except on Saturdays, Sundays and Holidays; (Reso 2021-57 7908 Eastern 6-28-21)
22 Exhibit 2 300
28.On the east side of Garfield Avenue from a point one hundred twenty- three (123') feet north of the northerly prolongation of Buell Street to a point one hundred fourty-seven (147') feet northly thereof. (Reso.2022-50 06- 13-22)
D. Twenty Minute Zone 7.00 a.m. - 6.00 p.m. (green curb) E. Handicapped Parking (blue curb)
1. The south side of Agra Street adjacent to the premises at 6248 Agra Street approximately thirty (30) feet; removed by Reso 8- 1 10-13-08
2. The north side of Muller Street from a point two hundred eighty-eight (288) feet west of the west prolongation of Garfield Avenue, to a point three hundred eight (308) feet westerly thereof; ir°eimoved Irby IReso, 2018-1 8 2-26-18
3. The west side of Perry Road from a point four hundred and forty one (441) feet from the prolongation of the north curb line of Florence Place to a point four hundred fifty six (456)feet northerly thereof. removed by Reso 8- 1 10-13-08
4. The west side of Darwell Avenue from a point sixty eight(68)feet from the prolongation of the north curb line of Lubec Street to a point eighty eight (88) feet northerly thereof; removed by Reso 8- 1 10-13-08
5. The west side of Purdy Street from a point fifty-five feet (55') south of the prolongation of the south curb line of Live Oak Street to a point seventy- five feet (75') southerly thereof, ir°eimoved Irby IReso, 2018-1 8 2-26-18
6. The north side of Gallant Street (5953 Gallant Street) from a point (488)feet east of the prolongation of the east curb line of Jaboneria Road to a point (508) feet easterly thereof. Removed by Reso 2011-15 04-25-11
7. The north side of Priory Street from a point 788' east of the eastern prolongation of Jaboneria Road, to a point 803' easterly thereof.
8. The north side of Lanto Street from a point twenty(20)feet east of the east prolongation of Jaboneria Road to a point 36 feet easterly thereof (6201 Lanto). ir°eimoved Irby IReso, 201 8-1 8 2..26-18
9. The south side of Agra Street from a point 378' feet of the west prolongation of Jaboneria Road to a point 415' feet westerly thereof(6122 Agra St) Reso 2010-04
10. On the north side of Loveland Street from a point thirty eight (38) east of the eastern prolongation of Ajax Avenue, to a point fifty eight (58) feet easterly thereof; ir°eimoved Irby IReso, 201 8-1 8 2..26-18
11. On the south side of Lanto Street from a point twenty-six (26') feet from the easterly prolongation of El Selinda Avenue to a point forty-six (46') feet easterly thereof (5900 Lanto St); (Reso 2014-25 6/23/14)
12. On the south side of Gotham Street from a point seventy-one (71')feet west of the western prolongation of Ira Avenue to a point ninty-one (91') feet westerly thereof (6142 Gotham St); (Reso 2016-27 7/25/16) 23 Exhibit 2 301
13. The south side of Fostoria Street from a point four hundred thirty(430')feet east of the east prolongation of Eastern Avenue to a point four hundred fify (450') feet easterly thereof (5844 Fostoria St); (Reso.2017-57 12-11-17)
14. The east side of Ajax Avenue from a point five hundred sixty(560')feet north of the prolongation of the north curb line Lubec Street to a point five hundred eighty (580') feet northerly thereof; (Reso 2021-64 07/26/21)
15. On the south side of Quinn Street from a point six hundred sixty-six (666') feet from the easterly prolongation of Bell Gardens Avenue to a point six hundred ninety- four (694') feet easterly thereof. (Reso.2022-49 06/13/22) F. Twenty Minute Zone 9:00 a.m. - 6:00 a.m. (green curb)
1. The north side of Florence Avenue from a point forty-two (42)feet east of the prolongation of the east curb line of Live Oak Street to a point eight-five (85) feet easterly thereof;
SECTION 6. The stopping, standing, or parking of a vehicle operated by a government official displaying an official placard issued by the City of Bell Gardens Public Works Department shall be exempted from normally legal parking spaces while on official government business.
SECTION 7. The City Council finds, pursuant to Section 13.20.800 of the Bell Gardens Municipal Code, that the volume of traffic and other conditions at the following locations are such that the enforcement of the provisions of the Bell Gardens Municipal Code prohibiting or restricting parking by the imposition of the criminal penalties is not sufficient to prevent the illegal parking of vehicles, and authorizes the towing of illegally parked vehicles in the following zones:
A. Any areas designated in Sections 1 and 4 hereof as zones in which the stopping, standing or parking of vehicles at all or any times is prohibited.
SECTION 8. Resolution No. 2011-50 is hereby repealed.
SECTION 9. The City Clerk shall certify to the adoption of this Resolution.
PASSED, APPROVED, and ADOPTED this 28t" day of November, 2011.
APPROVED AS TO FORM:
CITY ATTORNEY MAYOR
ATTEST:
24 Exhibit 2 302
CITY CLERK
25 Exhibit 2 303
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CITY OF BELL GARDENS
OFFICE OF THE CITY MANAGER
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AG E N DA RE P O RT
Item 11.
TO: Honorable Mayor and City Council Members
FROM: Michael B. O'Kelly, City Manager
BY: Gustavo Romo, Community Development Director
Grissel Chavez, Public Works Director
SUBJECT: CONSIDERATION OF A RESOLUTION TO PARTICIPATE IN THE INSTITUTE FOR
LOCAL GOVERNM ENT'S BEACON PROGRAM
DATE: October 24, 2022
RECOMMENDATION:
It is staff's recommendation that the City Council adopt the attached resolution supporting the City of Bell Gardens participation in the Beacon Program.
BACKGROUND/DISCUSSION:
The Beacon Program is an established program of the Institute for Local Government (ILG), the nonprofit training and education affiliate of the League of California Cities, the California State Association of Counties, and the California Special Districts Association.
The Beacon Program provides a framework for local agencies to implement and share best practices that create more vibrant and resilient communities. The program honors voluntary efforts by local governments to save energy, reduce greenhouse gas (GHG)emissions and adopt policies and programs that promote sustainability.
Beacon Program participants receive valuable support and encouragement from I LG to understand and apply sustainability best practices, collect, and organize data to advance participants' achievements within the program's five areas of accomplishment. Within each area, the participant can earn Beacon Spotlight Awards based on level of achievement. To win a Beacon Vanguard Award, participants are required to demonstrate achievements in all five areas and adopt a climate action plan.
In addition to award recognition, participants receive monthly communications about innovative practices, funding opportunities, access to peer-to-peer networking opportunities and invitations to highlight sustainability leadership.
To participate in the Beacon Program, cities and counties must complete a simple application, adopt a resolution by the governing body committing the agency to participate in the program and designate a lead staff person as a point of contact.
Additional detailed information about the program can be found at www.ca-ilg.org/beacon-progra The City of Bell Gardens has made great strides in addressing sustainability including:
• Completion of a citywide energy audit.
• Financing and implementation of energy conservation projects to improve infrastructure and operational 305
efficiency under Government Code Section No. 4217.10-18. • Completion of the Bell Gardens General Plan Circulation Element update to align with state and local environmental goals and policies to achieve reduced GHG emissions. • Incorporation of climate change adaptation into natural, indigenous landscaping and water conservation measures.
CONCLUSION:
It is in the City's best interest to adopt the attached Resolution approving participation in the Institute for Local Government's Beacon Program. Participation will also add to the City's goal to reach "Gold" standard and obtain another Energy Action Award from the Gateway Cities Council of Governments.
FISCAL IMPACT:
Program participation is voluntary. The program is designed to complement existing efforts of our energy and climate action plans, which would translate to little or no fiscal impact. Participating in the program may increase the City's competitiveness for future state or other grant funding.
ATTACHMENTS:
Exhibit 1 - Resolution No. 2022-111
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 306
RESOLUTION NO. 2022-111
A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF BELL
GARDENS, CALIFORNIA, APPROVING PARTICIPATION IN THE
INSTITUTE FOR LOCAL GOVERNMENT'S RECOGNITION PROGRAM,
THE BEACON PROGRAM
WHEREAS, the City of Bell Gardens is undertaking policies, programs and activities to reduce greenhouse gas emissions and save energy; and WHEREAS, these policies, programs and activities conserve natural resources, save energy and money, and promote sustainability and resilience; and WHEREAS, cities and counties statewide are leading by example by adopting innovative sustainability programs and policies, including working with community residents, business groups and others; and
WHEREAS, the City of Bell Gardens has made great strides in addressing sustainability; and
WHEREAS, the City of Bell Gardens General Plan contains goals, policies, and programs to achieve reduced greenhouse gas emissions, and WHEREAS, implementation of the improved infrastructure and operational efficiency positions the City of Bell Gardens to be a more sustainable community, and WHEREAS, participation in the Beacon Program expands opportunity for goals strategies, and actions for the City of Bell Gardens to continue toward a resilient and healthy place of support for an equity and access to prosperity for all residents and businesses,- and
WHEREAS, the Beacon Program aligns with the City of Bell Gardens General Plan goals of a healthy and green economy, and
WHEREAS, the City of Bell Gardens wishes to expand these activities, share its experiences with other communities, and be recognized for its accomplishments; and WHEREAS, the Beacon Program is a voluntary program of the Institute for Local Government, the non-profit training and education affiliate of the California State Association of Counties, the League of California Cities, and the California Special Districts Association; and
WHEREAS, the Beacon Program recognizes and celebrates achievements of cities and counties that reduce greenhouse gas emissions, save energy, and undertake sustainability and resiliency best practices; and
Exhibit 1 307
Resolution No. 2022-111
WHEREAS, participating in the Beacon Program is an opportunity for the City of Bell Gardens to be recognized for its efforts to promote sustainability and resiliency, reduce greenhouse gas emissions, and save energy; and
WHEREAS, the City of Bell Gardens agrees to participate in the Beacon Program; and
WHEREAS, the City of Bell Gardens will work towards achieving Spotlight, Vanguard, and Leadership and Innovation awards.
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.
SECTION 2. 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 24t" day of October 2022.
THE CITY OF BELL GARDENS
Maria Pulido, Mayor
APPROVED AS TO FORM: ATTEST:
Rick Olivarez Daisy Gomez
City Attorney City Clerk
2of3
Exhibit 1 308
CITY OF BELL GARDENS
OFFICE OF THE CITY MANAGER
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AG E N DA RE P O RT
Item 12.
TO: Honorable Mayor and City Council Members
FROM: Michael B. O'Kelly, City Manager
BY: Hailes H. Soto, Senior Management Analyst
SUBJECT: APPROVAL OF FIRST AMENDMENT TO THE PROFESSIONAL SERVICES
AGREEMENT WITH GRANICUS FOR CITY WEBSITE
DATE: October 24, 2022
RECOMMENDATION:
It is staff's recommendation that the City Council approve the attached Resolution and First Amendment to the Professional Services Agreement with Granicus for website design, support and hosting for the City website ( www.bellgardens.org) .
BACKGROUND/DISCUSSION:
On November 14, 2017, the City Council authorized the approval of the Professional Services Agreement with Granicus to provide website design, support and hosting for the City of Bell Gardens website ( www.bellgardens.org) .
The five year agreement was for$78,366 term with automatic renewals that include a 3% increase. In August 2022, Granicus notified the City that the fees for an additional year of services would be in the amount of $15,511.80. The $15,511.80 is 3% higher than last years payment of $15,060 ($15,060 * 3% = $451.80. $15,060 + $451.80 = $15,511.80).
Since the initial approval, the City Attorney's Office has advised City staff to steer away from contracts with no definitive end date in order to comply with existing procurement policies and procedures. The first amendment to the agreement reflects the additional $15,111.80 for the additional year of service. Hence, the agreement total will increase from $78,366 to $93,877.80. The one year extension will allow staff sufficient time to issue a Request for Proposals for website design, support and hosting.
CONCLUSION:
The City of Bell Gardens relies on having an updated website. Since early 2020 and at the start of the COVID-19 pandemic, having an updated website has become necessary to keep the public informed. The City website hosts more features and continues to grow. The one year extension will allow uninterrupted service until a Request for Proposals for website design, support and hosting is circulated in 2023.
FISCAL IMPACT:
The City Council appropriated sufficient funds to cover the costs of the one (1) year extension when the 2022-2023 Fiscal Year Budget was approved in June 2022.
ATTACHMENTS:
Exhibit 1 - Resolution No. 2022-112
Exhibit 2 - First Amendment to Professional Services Agreement with Granicus 309
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 310
RESOLUTION NO. 2022-112
A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF BELL
GARDENS, CALIFORNIA, APPROVING A FIRST AMENDMENT TO THE
AGREEMENT BETWEEN THE CITY OF BELL GARDENS AND
GRANICUS
WHEREAS, on November 14, 2017, the City of Bell Gardens ("City") and Vision Technology Solutions, LLC dba VISION dba Granicus ("Granicus") executed and entered into a Professional Services Agreement for Granicus to provide website design, support and hosting for the City of Bell Gardens website ( www.bellgardens.org); WHEREAS, the Agreement is set to expire on November 13, 2022; WHEREAS, the City and Granicus wish to modify the Agreement to extend the Term of the Agreement for one (1) year to allow the City sufficient time to issue a Request for Proposals;
WHEREAS, under the terms of the Agreement, City agreed to pay Granicus a total of not-to-exceed amount of $78,366 for five years of website design, support and hosting; WHEREAS, on August 16, 2022, Granicus notified the City that the fees for an additional year of services would be in the amount of $15,511.80; WHEREAS, there is sufficient funding in the approved City's FY2022-23 budget; WHEREAS, the City and Granicus the Parties now wish to increase the total not-to- exceed amount of $78,366 by $15,511.80 for a new total not-to-exceed amount of $93,877.80 for the remainder of the Term.
NOW, THEREFORE, BE IT RESOLVED by the City Council of the City of Bell Gardens as follows:
SECTION 1. The City Council hereby finds and determines that the foregoing recitals are true and correct, constitute a material part of this Resolution, and therefore incorporate them herein in their entirety as part of the findings.
SECTION 2. The Finance Director is hereby authorized to appropriate a sum not to exceed $15,511.80 from the general fund for FY2022-23 to pay for the full costs of the professional services with Granicus.
SECTION 3. The City Council hereby approves the First Amendment to the Professional Services Agreement.
SECTION 4. The City Council further authorizes the City Manager to execute the First Amendment to the Professional Services Agreement with Granicus consistent with Exhibit 1 311
Resolution No. 2022-112
this resolution along with ancillary documents reasonably necessary to effectuate the intent of this Resolution.
SECTION 5. The City Clerk shall attest and certify to the passage and adoption of this Resolution and enter it into the book of original resolutions, and it shall become effective immediately upon its approval.
PASSED, APPROVED, and ADOPTED this 24t" day of October 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 1 312
2022
FIRST AMENDMENT TO PROFESSIONAL SERVICES AGREEMENT
(Engagement: Website Design, Support and Hosting)
(Parties: City of Bell Gardens and Vision Technology Solutions, LLC dba VISION dba Granicus)
THIS FIRST AMENDMENT (hereinafter, "First Amendment") to that certain agreement entitled "Vision Master Services Agreement for Bell Gardens" and dated November 14, 2017 (hereinafter, "Master Agreement"), is hereby made and entered into this day of , 2022 (hereinafter, "Effective Date") by and between CITY OF BELL GARDENS, a municipal corporation (hereinafter, "Client") and VISION TECHNOLOGY SOLUTIONS, LLC DBA VISION (hereinafter, "Contractor"). For purposes of this First Amendment, the capitalized term "Parties" shall be a collective reference to both Client and Contractor. The capitalized term "Party" may refer to either Client or Contractor interchangeably, as appropriate.
RECITALS
This First Amendment is made and entered into with respect to the following facts:
WHEREAS, on November 14, 2017, the Parties executed and entered into the Professional Services Agreement for the Contractor to provide website design, support and hosting; and
WHEREAS, the Master Agreement is attached and incorporated hereto as Exhibit "A"; and
WHEREAS, the Master Agreement is set to expire on November 13, 2022; and WHEREAS, the Parties wish to modify the Master Agreement to extend the Term of the Agreement to allow the Client sufficient time to issue a Request for Proposals; and WHEREAS, under the terms of the Master Agreement, Client agreed to pay Contractor a total not-to-exceed amount of SEVENTY-EIGHT THOUSAND THREE HUNDRED SIXTY-SIX DOLLARS ($78,366) (hereinafter "Compensation") for five years of website design, support and hosting; and
WHEREAS, on August 16, 2022, Contractor notified Client that the fees for an additional year of services would be in the amount of FIFTEEN THOUSAND FIVE HUNDRED ELEVEN DOLLARS AND EIGHTY CENTS ($15,511.80) (hereinafter "Granicus Budgetary Proposal Fee Increase Letter"); and WHEREAS, the Granicus Budgetary Proposal Fee Increase Letter is attached and incorporated hereto as Exhibit "B"; and
Exhibit 2 313
WHEREAS, the Parties now wish to increase the total not-to-exceed amount of SEVENTY-EIGHT THOUSAND THREE HUNDRED SIXTY-SIX DOLLARS ($78,366) by
FIFTEEN THOUSAND FIVE HUNDRED ELEVEN DOLLARS AND EIGHTY CENTS ($15,511.80) for a new total not-to-exceed amount of NINETY-THREE THOUSAND EIGHT HUNDRED SEVENTY-SEVEN DOLLARS AND EIGHTY CENTS ($93,877.80).
NOW, THEREFORE, in consideration of the mutual agreements contained herein, and other good and valuable consideration, the receipt and sufficiency of which is hereby acknowledged, and intending to be legally bound hereby, the Parties agree as follows:
SECTION 1. Section 26 (TERM) of the Master Agreement is hereby amended to extend the term of the Master Agreement through November 13, 2023.
SECTION 2. Section 5.3 (SUBSCRIPTION FEES) of the Agreement is hereby amended to increase the total not-to-exceed amount of SEVENTY-EIGHT THOUSAND THREE HUNDRED SIXTY-SIX DOLLARS ($78,366) by FIFTEEN THOUSAND FIVE HUNDRED ELEVEN DOLLARS AND EIGHTY CENTS ($15,511.80) for a new total not- to-exceed amount of NINETY-THREE THOUSAND EIGHT HUNDRED SEVENTY- SEVEN DOLLARS AND EIGHTY CENTS ($93,877.80) to allow for an additional one (1) year of services.
SECTION 3. Except as otherwise set forth in this First Amendment, the Master Agreement, shall remain binding, controlling, and in full force and effect. This First Amendment, together with the Master Agreement, shall constitute the entire, complete, final, and exclusive expression of the Parties with respect to the matters addressed in both documents.
SECTION 4. The provisions of this First Amendment shall be deemed a part of the Master Agreement, and except, as otherwise provided under this First Amendment, the Master Agreement, and all provisions contained therein shall remain binding and enforceable. In the event of any conflict or inconsistency between the provisions of this First Amendment and the provisions of the Master Agreement, the provisions of this First Amendment shall control, but only in so far as such provisions conflict with the Master Agreement, and no further.
Exhibit 2 314
IN WITNESS WHEREOF, the Parties hereto have caused this First Amendment to be executed on the day and year first appearing above.
CLIENT: CONSULTANT:
CITY OF BELL GARDENS VISION TECHNOLOGY SOLUTIONS,
LLC DBA VISION DBA GRANICUS
By: By:
Michael B. O'Kelly, City Manager
Name:
Date:
Title:
Date:
APPROVED AS TO FORM:
By:
Rick Olivarez, City Attorney
Date:
Exhibit 2 315
EXHIBIT "A"
MASTER AGREEMENT
Exhibit 2 316
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ViSli
� www.visioninternet.com/about/legal) sets forth the entire terms and conditions by which Contractor will deliver and Client will receive any and all of the services provided by Contractor, which includes the following-: website development, and visionLiveTm subscription services. (collectively, the "Services'}. This Agreement is intended to cover any and all Services ordered by Client and provided by Contractor. Contractor will provide Services to Client as requested by Client and as set forth in the applicable Addendum(s) in exchange for payment of related fees specified in such Addendum(s), and compliance with the terms and conditions of this Agreement, and compliance with Contractor's AUP as such policy may change from time to time.
1.1. Website Development Services.Contractor agrees to provide website development services,as more particularly described in Addendum A, in exchange for payment of fees and compliance with the terms and conditions of this Agreement.
1.1.1. Client understands and agrees that Contractor will develop website frontend to be compatible with Internet Explorer 11,Microsoft Edge,and the latest released versions of Chrome,Firefox,and Safari at the time of Completion. Website backend will be compatible with Internet Explorer 11,Microsoft Edge and the latest released version of Chrome and Firefox at the time of Completion. Website may not be compatible with previous or future versions. Website backend will be optimized for 1024 x 768 pixels resolution or above. Client understands and agrees that the website will be developed with Hypertext Markup Language("HT L'° ,CSS,]avaScript,and Microsoft ASP.NET("MS-ASP' interfaced with a database created in Microsoft SQL Server( S-S L'}. Client understands and agrees that the website is developed to run on a Microsoft Windows Server 2012 ("MS-Serverl, or later. Responsive Website Design with visionMobile Designer M mobile browsers will be compatible with the latest released version at the time of Completion of iOS Safari,Android Browser,Google Chrome, and Internet Explorer, but may not be compatible with previous or future versions. Client is responsible for the costs of all software licensing.All of the web browsers listed in this section,and any others added by Contractor at its discretion are herein referred to collectively as the"Supported Web Browsers".
1.1.2. Contractor will design the website frontend navigation and graphic design to be generally compliant with WCAG 2.0 A. Client further understands and agrees that content, website backend, and third-party tools may not be compliant with Section 508 or WCAG 2.0.
1.2. visionLivJm Subscription Services. Contractor agrees to provide VCMS Licensing Services, Support Services, and Hosting Services (collectively "Subscription Services' to the Client in exchange for payment of fees and compliance with the terms and conditions of this Agreement. As used throughout this Agreement,"VCMS"shall mean Vision Content Management SystemTM,also known as the Vision Internet Content Management System,VCMT,VCMS and the Vision Content Management Tool.
1.2.1. Subscri ti�on.Contractorwill provide Client a subscription to access and use the VCMS.
VCMS Licensing Services include®
(a) Functional enhancements to VCMS components.
(b) New VCMS Interactive Components that may be released from time to time by Contractor.
(c) Bug fixes to the VCMS code.
2016-1202 vS/Pe
Exhibit 2 106
Exhibit 2 317
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_
VISV
(d) Updates toprovide compatibility to future versions of Supported Web Browsers within thee months of their release. Compatibility with previous versions of Supported Web Browsers is not guaranteed,
VC1MSKjcemsing Services do not include:
(a) Optional Interactive Components.
(b) Modules, Programs, or Software Applications.
� (c) Conversion to new platforms.
(d) Modification of third-party products,
(e) Compatibility with Client's third-party products.
(f) VebsKe design services.
� (g) New Products. Contractor may from time to time release new software with | capabilities substantially different from or greater than the VCMS and which � therefore do not constitute System Updates or New VCMS Interactive Components. (h) All other services not expressly provided for in this Agreement and its applicable � Addendum(s).
� 1.2.2. Supl2ort Services. Support Services is defined as technical support, account management, and education and training for the VCMS; provided, however,Client does not(1)(a) modify the VCM3 or(1)(b) use the VCMS in combination with any third-party system not authorized by Contractor, and (2) maintains visinnLk*Tm Subscription in accordance with this Agreement. Contractor will provide Support Services to a designated Client account manager, system administrator urwebmaster.Technical support is generally available by email and telephone from 6:00AM to 6:00 PM Pacific Time,Monday through Friday excluding holidays("Business Hours),with emergency support available l4 hours a day,7days a week.An emergency is defined as Client's website being down for more than ten(10)min'utes,Support Services also include:
(e) Shared Account Manager �
� (b) Account Management'*
� o Account reviews MealthCheckez
| o Site anahticsvaport3
� o Graphics site audit4
� o Site improvement credits
� (c) Education and Training
� o Training and best practices webinao
o Access to On-Demand Training Library
' o On-going new feature training(via remote meeting service) o Monthly office hours(via remote meeting service)
�
Site improvement credits5 will be available beginning the second year of the Agreement and / every year thereafter within the Initial Term. Any unused hours in a given year may be carried over tu the following year within the Initial Term, Site improvement credits expire aLthe and of the Initial Term and will not carry over beyond the Initial Term.
� 1.2.3. Hosting Services. Contractor will provide shared website hosting on a Microsoft Windows � Server and shared database hosting on a Microsoft SQL Server for one(1) unique VCMS websKe. The shared server hosting service includes:
'Health Checks,Site Analytics Report and Graphics Site Audit will not be performed until the second year mthe Agreement. ` Included with each Advanced Subsite as applicable.
" Included with each Advanced subsueaaapplicable.
� ^ Included with each Advanced subsueasapplicable. visionLive Standard subscribers have 10 site improvement credits,and visionLive Plus subscribers have 20 site . improvement credits.
�
� 2016-1202 va/ee
' Exhibit 107
Exhibit 2 318
VISION-
(a) SOC-certified datacenter
(b) Full hardware redundancy
(c) Redundant generator backup
(d) Daily data backups
(e) Intrusion protection
(f) 24/7 monitoring
(g) 99.9% uptime
(h) DDoS mitigation service
(i) Website content storage6
0) Standard disaster recovery service with 90 minute failover
1.2.4. Unless Client has retained other Services from Contractor under the applicable Addendum, Client is solely and exclusively responsible for all services not expressly provided for in this Agreement. Any changes,alterations or modification requested by the Client to its website and/or intranet may be subject to a fee to be quoted by a Contractor representative at the time of the request.Client may,at any time, upgrade from its current edition to either a Standard or Plus Edition,as applicable.Client may not,during the Initial Term (defined below)or any renewal term,downgrade from its current edition to either a Standard or Basic Edition,as applicable. Client acknowledges that the Subscription Services may be modified or improved because of the dynamic nature of technology.Contractor may,from time to time,make minor modifications to the Subscription Services,,as a whole or any part thereof. Such minor modifications may be implemented at any time and without notice to Client.Continued use of the Subscription Services following any modification shall constitute binding acceptance of the modification.
2. Subsequent Extra Work/Other Services. Additional services not initially covered in this Agreement(including the Addendum referenced above) and extra hours will be presented to Client for approval prior to commencement of work ("Extra ork'�.Extra Work will be set forth in an amendment to this Agreement signed by the Parties and designated as Addendum C_l,C-2,etc.,as applicable,and such Addendum shall become part of this Agreement when executed by both parties.Such addendum will be billed at Contractor's then prevailing hourly rates,which are currently as follows:Content Migration,$85/hr;Graphic Production, $95/hr; Quality Assurance,Testing, Debugging,Technical Support,Webmaster Services, HTML Programming, $105/hr; Consulting, Project Management,Database Design,Dynamic Programming,$135/hr;Graphic Design,Training,$125/hr;Straight flatbed scanning will be billed at$10 per scan. Touch up work to images will be billed at the Graphic Design hourly rate.Client shall be responsible for any or all additional fees including,without limitation: photography,stock images,illustration,fonts,scanning,software,applications, online promotion,marketing,copy writing,redesign,change orders,mailings,and fees to any third party vendors if applicable. Calls outside of Business Hours for support services unrelated to the website being down for more than ten(10)minutes will be subject to a minimum fee of$135.
3. Ownership: Limited Licensing of Intellectual Property.
3.1. Designs. Upon payment in full of the website development fees provided under Addendum A, Contractor grants a non-exclusive, non-transferrable,and perpetual license for Client to reproduce, modify or create derivative works for its own use,public display,and use any and all of Contractor's copyrights in the homepage layout wireframe,sitemap, draft homepage design concept(s)interior page layouts(collectively,the"Contractor esi ns'�embodied in Client's website, which are prepared or caused to be prepared by Contractor under this Agreement. The Contractor Designs provided under this Agreement is licensed and not sold. Client understands and agrees that the Contractor Designs as a whole is an original work of authorship by Contractor and that Contractor shall retain all rights,title,and interests therein. Contractor retains its right to use any web pages developed for the Client in any of its own promotional materials as examples of its work.
3.2. Vision Content Management System"'". Contractor also grants Client a limited, non-exclusive, and non-transferrable subscription to access and use one instance of the VCMS and Dynamic and Interactive Components of the VCMS to the extent necessary for the Client's use and operation of its website; provided,Client does not(1)(a)modify the VCMS 6 For the main website,visionLive Standard subscribers have up to 50GB of storage,and visionLive Plus subscribers have up to 25OGB of storage. Each Advanced subsite has up to IOGB of storage,regardless of visionLive edition.Each Basic subsite has up to 5GB of storage,regardless of visionLive edition. 2016-1202 vS/Pe
Exhibit 2 108
Exhibit 2 319
VISLON_
or(1)(b)use the VCMS in combination with any third-party system not authorized by Contractor,and(2)maintains a visionLiveTM Subscription in accordance with this Agreement. The VCMS provided under this Agreement is not for sale,and Client understands and agrees that Contractor shall retain all rights, title, and interests in the VCMS, Dynamic and Interactive Components, and any other Contractor intellectual property not provided for in this Section.
3.3. Rights Regarding Content. Each Party warrants that it holds all rights and/or licenses necessary to display all of the images,data,information or other items supplied by such Party and being displayed on the Client's web pages during the effective period of this Agreement.Contractor agrees that Client will retain ownership of all information and content (including Client provided logos and images) owned exclusively by Client and provided by Client for use on its website. Client shall supply all necessary information to Contractor in a timely manner in digital format including Without limitation copy,text, audio files, video files, pdf files, photographs, artwork, and preexisting graphics. Contractor is not responsible for content migrated by Client or any third party. Client expressly authorizes Contractor to display and/or modify any Client supplied images, data,information and other items in connection with the services provided herein.
4. Limited Warranty. Contractor warrants that website development and/or custom programming deliverables will be conveyed to Client upon transfer of the website to the production server with a public Internet Protocol address ("Completion'}. All VCMS programming code developed by Contractor is warranted to be free of any material errors or bugs that prevent the code from performing as originally intended ( Warranted Problern'° ; provided, however, Client does not (1)(a) modify the VCMS or(1)(b) use the VCMS in combination with any third-party system not authorized by Contractor, and (2) maintains a visionLiveTm Subscription in accordance with this Agreement. In the event of breach of the limited warranty in this Section, Client's sole remedy and Contractor's entire liability shall be limited to Contractor's correction of the Warranted Problem. Except as expressly set forth above,CONTRACTOR MAKES NO GUARANTEE OR WARRANTY OF ANY KIND,WHETHER
EXPRESS OR IMPLIED, INCLUDING OF MERCHANTABILITY OR FITNESS OF THE SERVICES FOR A PARTICULAR PURPOSE
WHATSOEVER,AND USE OF THE SERVICES OR ANY INFORMATION THAT MAY BE OBTAINED THERE FROM IS AT CLIENT'S OWN RISK AS THE SERVICES ARE PROVIDED TO CLIENT ON AN"AS IS"BASIS. In no event,at any time,shall the aggregate liability of Contractor under this Agreement or otherwise exceed the amount of fees paid by Client to Contractor in the most recent twelve months, and Contractor shall not be responsible for any lost profits or other damages, including direct, indirect, incidental, special, consequential or any other damages, however caused. Contractor does not warrant any connection to, transmission over, nor results of use of, any network connection or facilities provided, nor any third-party applications and software obtained by,for,or on behalf of Client. Contractor assumes no responsibility for any damages suffered by the Client, including,but not limited to,server down time,loss of data,loss of business,misdeliveries,delays,non-deliveries,access speed, or service interruptions of any kind. Client acknowledges that the information available through the interconnecting networks may not be accurate. Contractor has no ability or authority over the material. In addition, Contractor has no liability for the quality,accuracy,or validity of the data/information gathered from the Internet. Use of information gathered through the use of Contractor services is at the risk of the Client.
S. Invoices. Contractor will submit itemized invoices to Client for the payments required by the applicable Service(s),and all invoices will be due and payable within 30 days. Payments not received by Contractor 30 days after the date of the invoice will be considered delinquent. Returned checks are subject to a charge of$25,00. Client agrees to be liable for all costs of collection of any delinquent invoices including,but not limited to,collection agency fees, reasonable attorneys'fees, and court costs.
5.1. Website Develop
5.1.1. Price.Client agrees to pay and Contractor agrees to perform Website Development services for$19,998.00.
5.1.2. Payment. Contractor will submit itemized invoices to Client for the payments required by this Section,and all invoices will be due and payable within 30 days:
(a) An initial payment equal to 40% of the total cost; (b) A payment equal to 20% of the total cost upon Contractor's delivery of the draft homepage design concept(s)to the Client;
(c) A payment equal to 20%of the total cost upon implementation of the main website into the VCMS on a Contractor-hosted development server; and 2016-1202 vS/Pe
Exhibit 2 109
Exhibit 2 320
VISION-
(d) A payment equal to 20% of the total cost upon Completion; provided, however that Client has completed training.If Client has not completed training,then Contractor shall invoice Client at the earlier of: (i)completion of training,or(ii)21 days after Completion.
5.2. Non-Contractor Hosting. If Contractor is not providing hosting services then, at Client's request, Contractor will assist Client with setting up the website on Client's server. A flat rate of$475 for up to four hours of Technical Support will be charged for assistance in setting up the website according to Contractor's Standard Hosting Procedure. Any additional work will be billed at the Technical Support hourly rate.
5.3. Subscription Fees. All Subscription Services provided for the Client during the first year of the Agreement shall be at no cost to Client. Contractor shall invoice Client$14,133.00 per year beginning the second year of this Agreement,which rate shall be increased by three percent(3%) per year,for each year of the Agreement Term,and any and all renewal terms. Contractor shall invoice Client annually every year thereafter, including any renewal term. All invoices are due and payable by Client within 30 days.Websites and/or Contractor-hosted intranets exceeding their storage allowance shall be subject to an additional monthly fee of$50 per 5GB increment. Each Advanced Subsite exceeding 10 GB of storage shall be subject to an additional monthly fee of$50 per 5GB increment. Each Basic Subsite exceeding 5 GB of storage shall be subject to an additional monthly fee of$50 per 5GB increment.
6. Contractor's Mark. Client agrees that Contractor may place in the website footer an unobtrusive text link reading"Created by Vision"or the equivalent. Contractor's footer text credit shall always be linked to a Contractor web page.
7. Indemnity.
7.1. Indemnification of Contractor. Client will defend, hold harmless, and indemnify Contractor, its officers,directors,shareholders,employees,and agents from and against all Costs resulting from any claim of injury to person, damages to property, or monetary damages arising out of Client's negligence or intentional misconduct or failure to perform obligations under this Agreement.
7.1 Indemnification of Client. Contractor will defend, hold harmless, and indemnify Client, its officials, officers, agents, directors, employees, and agents from and against all Costs resulting from any claim of injury to person, damages to property,or monetary damages arising out of Contractor's negligence or intentional misconduct or failure to perform obligations under this Agreement.
7.3. Intellectual ProQeLty Indemni . Contractor will defend, hold harmless and indemnify Client against any third-party action, suit, or proceeding ("Claims'} for infringement or alleged infringement of any United States' letters patent, trademark, or copyright ("Intellectual Property") contained in Contractor's VCMS provided under this Agreement. Notwithstanding the foregoing,Contractor shall have no defense or indemnity obligations for Intellectual Property modified by a party other than Contractor, for Intellectual Property modified in accordance with Client's specifications or instructions,or Claims of infringement based on Client's other products or other third-party products. & Timing. Estimated times are included for convenience. Actual times will vary depending on Client interaction and participation. However,the Parties agree to reasonably cooperate with one another in all respects including, if applicable, in the construction and design of the website in a timely manner.
9. Governing Law and Venue. This Agreement shall be governed by and construed in accordance with the laws of the United States of America,and the State of California. Any cause of action of Client with respect to the services provided hereunder must be instituted within four years after the claim or cause of action has arisen or be forever barred.The Uniform Computer Information Transactions Act or any version thereof,adopted by any state in any form ("IICITA%shall not apply to this Agreement and, to the extent that UCITA is applicable, the parties agree to opt-out of its applicability pursuant to its provisions. In the event a judicial proceeding is necessary, except for permitted equitable relief, the sole forum for resolving disputes arising under or relating to this Agreement are the State and/or federal district courts located in Los Angeles County, California, and all related appellate courts, and the parties hereby consent to the jurisdiction of such courts, and that venue 2016-1202 vS/Pe
Exhibit 2 110
Exhibit 2 321
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shall be in Los Angeles County,California. Service of process may be made in any manner provided for by applicable law.
10. Modification and Waiver,
� 10.1. Modification. Any modification of this Agreement is valid only if the modification is in writing and � signed by both Parties
10.2. Waiver. The waiver by one Party uf any term ur condition oy this Agreement,or any breach thereof, ` shall be in writing and shall not be construed to be a general waiver by said Party or as a waiver of any otherterm orbreach, � 1U.3. Conduct. Neither the course of conduct between the Parties.nor any trade practice shall act to modify the provisions ' of this Agreement,except as expressly stated herein. �
� 11. Confidentiality.To the extent permitted by law,Contractor's Confidential Information shall be treated � as confidential and shall not be disclosed to parties other than representatives of Contractor and the authorized representatives � of Client, and shall be used only in furtherance of the Services provided under this Agreement. As used in this Agreement,the � term'Confidential Information"means(a) proprietary information of Contractor, (b) information marked or designated by Contractor as confidential, (d information,whether or not in written form and whether or not designated as confidential,that is known to the Client as being treated by Contractor as confidential,or(d) information provided to Contractor by third parties that Contractor is obligated tu keep confidential. Confidential Information includes, but is not limited to,all files, writings and documents, recordings, including without limitation all information contained therein, all extractions, notes, compilations and summaries prepared or derived therefrom, copyrights, trademarks, service marks, patents, trade secrets, programs, source code,object code,demos,demonstrations(whether in written,oral,graphic,encoded,encrypted,tangible,or intangible forms, in any media whatsoever)including without limitation demonstrations,know-how,techniques,designs,specifications,drawings, compilations,diagrams,models,samples,flow charts,computer programs,and codes. ^'
� 12. MeLger and Integration. This Agreement supersedes all other written or una| agreements, proposals or � understandings with regard to the Services pmvided for herein. ! 13. Interpretation. D is understood and agreed that if any interpretation is to be made cf this Agreement, the � same shall not be construed for or against any of the Parties.In the event of conflict between an attachment and the terms and conditions of this Agreement,then the following hierarchy of interpretation shall govern:
13.1. Terms and conditions of this Agreement;
` 13.2. Final cost and scope uf work under Addendum A� � 13.3. Contractor's response to Client's request for RFP,RF0orRB; ! 13.4. Client's RFF\ RFQ,orRB.
� 14. Counsel. The Parties have each been advised to seek independent legal counsel in entering into this � Agreement and the transactions described herein. In the event Party chooses not to seek independent legal counsel, that Party does so freely and knowingly and waives any such rights to counsel. As a result, the Parties do not believe that any � presumption relating to the interpretation of contracts against the drafter of any particular clause should be applied in this case ' and therefore the Parties knowingly and freely waive its effects. Since the Parties or their agents have participated fully in the preparation of this Agreement,the language of this Agreement shall be construed simply,according to its fair meaning,and not � strictly for or against any Party.
| 15. Prevailing Pa . Should a dispute, including but not limited tu any litigation or arbitration be commenced �
(including any proceedings in a bankruptcy court) between the Parties hereto or their representatives concerning any provision �
� of this Agreement,or the rights and duties of any person or entity hereunder,the Party prevailing shall be entitled to reasonable � aUtonney's fees and court and expert costs incurred by reason of such action.
16. Relationship. The relationship of Contractor, including, without limitation, its employees and subcontractors) with Client is that ofan independent contractor and nothing in this Agreement and/or any � Addendum shall be construed to create a partnership, joint venture, or employer-employee relationship. �
� uuzs-oou vo/pe
Exhibit ii1
Exhibit 2 322
V I S LO' N
Contractor acknowledges and agrees that neither it,nor any of its employees or subcontractors,is or shall be an agent of Client and none of the foregoing is or shall be authorized to make any representation,contract,or commitment on behalf of Client.
17. Counterparts. This Agreement may be executed in counterparts,each of which shall be an original and all of which together shall constitute one and the same Agreement.This Agreement becomes effective upon Contractor's receipt of an executed copy of this Agreement.
18. Force Majeure. Any delay in the performance by either Party hereto of its obligations hereunder shall be excused when such delay in performance is due to any cause or event of any nature whatsoever beyond the reasonable control of such Party, including, without limitation, any act of God; any fire, flood, or weather condition; any computer virus, worm, denial of service attack; any earthquake; any act of a public enemy,war, insurrection, riot, explosion or strike; provided,that written notice thereof must be given by such Party to the other Party within twenty(20)days after occurrence of such cause or event.
19. Severability. If any portion of this Agreement is declared invalid, illegal, or otherwise unenforceable by a court of competent jurisdiction,the remaining provisions shall continue in full force and effect.
20. Headings. The titles and headings of the paragraphs of this Agreement have been inserted for convenience of reference only and are not intended to summarize or otherwise describe the subject matter of such paragraphs and shall not be given any consideration in the construction of this Agreement.
21. Survival. The terms and conditions of Sections 4 (Limited Warranty), 9 (Governing Law & Venue), 11 (Confidentiality), 15 (Prevailing Party), 21 (Survival), 24 (No Hire), and 26.3 (Obligations upon Termination) shall survive any termination or expiration of this Agreement.
22. Cooperative Programs. Contractor shall agree to offer the prices and terms and conditions offered herein:to other state, local, county, education, and municipal government agencies in the United States who wish to participate in a cooperative purchase program with Contractor.
23. No Third-Parr Beneficiaries. This Agreement shall not confer any rights or remedies upon any person or entity other than the Parties and their respective successors and permitted assigns.
24. No Hire. During the period Contractor provides any Services to Client and for one(1)year thereafter,Client shall not,directly or indirectly,solicit or offer to hire,hire,or retain as an employee or contractor persons employed or retained then or within the preceding six(6) months by Contractor(or any of its affiliates),without Contractor's prior written consent in each instance; provided, nothing contained herein shall prevent employment of any person who responds to a general media advertisement or non-directed search inquiry,or who makes an unsolicited contact for employment.
25. Successors and Assigns. This Agreement shall be binding upon and inure to the benefit of the Parties named herein and their respective successors and permitted assigns. No Party may assign either this Agreement or any of its rights, interests or obligations hereunder without the prior written approval of the other Party hereto, except that Contractor may assign this Agreement without Client's consent to an'Affiliate"of Contractor or in connection with an acquisition of Contractor, merger (whether Contractor is the surviving or disappearing entity) or consolidation of Contractor with another entity, or in connection with the sale,assignment,or majority transfer of any stock,membership or other ownership interest in Contractor. "Affiliate"shall mean (a) a domestic entity formed,existing and governed pursuant to the laws of one of the fifty(50)states of the United States of America(or the District of Columbia)controlling,controlled by,or under common control with Contractor.
26. Term. This Agreement will remain in effect for 5 years from the Effective Date("Initial Term').Thereafter, it will renew for successive 1-year periods, unless either Party refuses such renewal by written notice thirty(30)or more days before the end of the current term.
26.1. Termination for Cause.This Agreement may also be terminated by the non-breaching party for cause in the event of a material breach of this Agreement or failure to substantially perform obligations; provided, however,that the non-breaching party has given notice to the defaulting party,which fails to cure the default within thirty(30) days after such notice.
2016-1202 vSIPe
Exhibit 2 112
Exhibit 2 323
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26.2. In the event no funds or insufficient funds are appropriated and budgeted or are otherwise unavailable in any fiscal year for payments due under this Agreement, then Client, upon written notice to Contractor cfsuch occurrence, shall have the unqualified right to terminate this Agreement without any penalty or expense to the Client,except the Client shall pay to the Contractor a sum of money equal to the work completed.
26.3 Obligations ul2on Termination. Client shall permanently delete all copies of the VCMS upon termination of this Agreement. Client shall have thirty(30)days after termination of this Agreement to export Client content to its server or systems.AtClient's request,Contractor will assist Client with exporting Client content to Clients server or system, which shall be treated as Extra Work.
27. Notices. All notices under this Agreement shall be in writing and effective on the date of delivery if delivered � by personal service, Federal Express, or facsimile; or effective three (3) days after deposit in first class U.S. mail, postage prepaid,to each Party asfollows:
Client
� Name: City of Bell Gardens
Address:
,none:
Attn: City Manager
� Contractor
Name:
� Address: ~
Phone:
Email:
` Fax
'
� 28. Insurance.Contractor shall maintain the following insurance policies during the Term of this Agreement:
�
� 28.1. Commercial General Liabilily Insurance. Contractor shall maintain in force for the duration n[the � contracted period Commercial General Liability Insurance with s limit of not less than $1/00,000 per each occurrence, �
¢I,00\000aggmgate.
28.2. Professional Liability Insuranc . Contractor shall maintain in force for the duration of the contracted period Professional Liability (Errors & Omissions) Insurance with a limit of not less than $1,500,000 per occurrence and / $2,OOO,UOO aggregate,triggered by manifestation nfinjury. ` 28.1 Cyber Liabilily Insurance. Contractor shall maintain in force for the duration uf the contracted period Cyber Liability Insurance with a limit of not less than$1,500,000 per occurrence. '
,
� 28.4. Business Automobile Liabilily Insurance. Contractor shall maintain in force for the duration of the contracted period Business Automobile Liability Insurance with a limit not lessthan$1,VUO,000 each accident for all non-owned � and hired automobiles and $1,OOO,OOU per claimant �
� 28.5. Workers Compensation. Contractor shall maintain in[000 for the duration of the contracted period VVorhemCompensa�onInsuranceatC|ient�statutory||mUs.
'
28.6. At all times during the term of this Agreement, Contractor shall maintain on file with Oty's Risk � Manager a certificate or certificates of insurance showing that the aforesaid policies are in effect in the required amounts and, | for the general liability and automobile liability policies, naming the Client as an additional insured. Contractor shall, prior to � commencement of work under this Agreement,file with City's Risk Manager such certificate(s). ! 2016-1202 ro/ec
�
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Exhibit 113
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V Il S
29. lVwlDls�tlplittallMsllltLCSltlaL�111loYm tLtOR1141lSltWY.•
29.1. in tho performance of lids Agman►ent, Contrador shell not dlscdminato against nay omltoyeo, sulxontractm,or applicant for er11p1oya►ent Ile c��use or soxunl otlecolorniollon.I Oo►itrai or sox, vl I teko ial afMrtntivelad10onal n tote►s ancestry,
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subconUactors and applicants are employed,and that employees are lreatecl during employment,wit► g color,creed,ro119101),sex,aladtal status,rrntl0n01 origin,ancestry,age,physical or mental handicap,medical condition or soxunl otlentatien.
29.2. Cattraetor will In all solicitations or adverilsements for en►)loyees placed by or on behnlf of ion for
Conlydder stale either ll►at It Is an equot opportunity nts0xyer/t�1 status,r that all ational oalified rigin,�I na l costry Qll cugto,I Yslcal orva tmer tat employment without regard to race,color,creed,rep , , handicap,medical condition or sexual oTianlall0n.
In all
I)y tills Agreement except Contrtf actor acts or ubcontr acts for s the tandard commercialwovislons to suppliesror mvi materials,is for city work covered Will,lire intent to bo legally Iwund each of lho undersigned herobY covenants and acknowledges 3$1 1insfead f
that ho or silo(a)has read each of the terms sat forU►hereb►,(b�has il►e authority to exectrto th s Agreement and each initiated Addendum
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hahi 1)er I n or oil orims and(c)ex rots sclonons tl herein Drees that the mIlty upon behalf of whlch the undersigned all
authorized ed representatives and give,effect as ot tills Mosier services f ti►o"liffoctivo pate"Agreement to I)o$lpnetl I)y Ute1r duly "Client"
"Contractor" '
VISION,rIiCI IN10Gy SOLUTIONS,I.t.C,ODA VISION
13CI.I.CARDUNS INTrRNGI PRP- D
Signature: Signature, `" `r
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Nellie, _- �t r" Name; David hi.Nachn►an
TRIO: ,_,_._4! " �'o`• ' _— - 'Nile, Gillet fcxecidlvo 0f ter Aintrovoll us to 1'[ ar,
(u! i1.1.C�►ystr�ldsuranra ,.S�I��Y.
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p 0110401's Proposal or Quoto
t: rxtra Work grand Winn applicaWo)
2016-1202 vR/Po
Exhibit 2 325
VISI "ON-
FINAL SCOPE OF WORK & COST
Website Devellopmen
SERVICE COST
WEBSITE DEVELOPMENT PACKAGE 1 $31,530.00
The website development package includes:
® Project Management
® Consultation
Programming/CMS Implementation
® Mobile J Responsive Web Design Implementation
® Content Strategy Package—Basic
® Extranet
® Google Translate
e Online Payment Integration
® SMS Component ...
® Streaming Video Center
®Vision Search
®Yahoo Weather
200 Pages of Content Migration
Project isi i
SERVICE COST
ONSITE PROJECT CONSULTING - ONE DAY 1 $0.00 Includes one day of onsite consulting with your project manager to review initial project decisions,often including:
® Project timeline and specifications
UX Presentation
® Presentation of new website wireframe
Website design brainstorm
2016-1202 vS/Pe
Exhibit 2 115
Exhibit 2 326
i
i
VISION"
Graphic Dgi
SERVICE COST
DEPT BRANDING: DESIGN THEMES 2 $5,000.00
Includes the creation of a Design Theme to customize a department's pages with a unique color scheme within the framework of the main websitee Features include:
Design Elements: Department logo in site header, unique color scheme, unique background, separate font style
® Page Layout: Interior page same as the main site, no new widgets included
® Mobile: Unique color scheme, department logo in header ® Main Navigation:Same as main site
® Search: Search results part of main site search
® Google Analytics: Use main site Google Analytics instance Develogment &Training
SERVICE COST
ONSITE CMS USER TRAINING -TWO DAYS 1 $0.00
Includes two days of onsite training for your CMS users.These days are divided into sessions to provide basic and advanced training for your users, covering:
® Creating, adding and editing pages
® Overview with basic users of key components, such as Document Central, Image Library, News and Calendar(as time permits) ® Overview with advanced users on Forms, Services Requests or other components of your choosing (as time permits)
® User administration
® Site settings and configurations
® Class optimal for 8-10 participants
Software
vLive Edition COST
vLIVE PLUS EDITION 1 See 5 Year Total
Cost Summary
for details
2016-1202 vS1pe
Exhibit 2 116
Exhibit 2 327
VISU-1
x.
Tolgi Project
Year Total Cost Summaryi n Shifting
Year 1 $19,998.00
Included Professional Services and FLEE 1st Year of:
vLive Plus Edition
Year 2 $14,133.00
2,,d Year of:
vLive Plus Edition
Year 3 $14,433.00
3rd Year of:
vLive Plus Edition
Year 4 $14,742.00
4th Year of:
vLive Plus Edition
Year 5 $15,060.00
5th Year of:
vLive Plus Edition
r Total $78,366.00
2016-1202 vSIPe
Exhibit 2 117
Exhibit 2 328
VISI3N-"
C��,
Addendum
2016-1202 vS/Pe
Exhibit 2 113
Exhibit 2 329
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This Addendum C is made and entered in t-0 b°a{4tfsb-i:Technology Solutions,LLC("ContraW or"j and'C€IE,f i, STATE: ('Client") a6 of the date o FUJI e ecutj�o
Contractor and Client hereby mutually a c€Enovdedg and agree than:
1' On ft c,Cont ractor and Client entered into the Vlaster Services Agreement 'A €e o`€`;e € ); in o@'3W4'orated herein b reference,
2� h.-Agreement, including all other terms,and conditions therein,shall continue in effect,
3. in t'ie event oi any conflict w', Ii1L €,sl t yt bet€,,een the provisions of this/,,,de. :%urn and the Agreement,the provisions of this Adder.duni shall control only to the e'.Aent of the services provided in this Addendum,and nat any other subject matter covered by the sc€e Wri� rti e
Included Servk-es
Extra Work Fzeesz
Client agrees to past Contractor as
lK price, Contractor agreMes to Lerforr i work set forth in this Addendurn for[$a ocdl, 2, patent,Contractor will submit ite€ne.eci invoices to Client for the payments required by this Addendum, and all invoices will be due and,Payable- by Chent within 30 clays:
(a) An irdbal pc:'ment ec-tuai 50<s f a s
��r io w•�fo of Elie total cost, and
b) A payrne€.t equal to-10%raj tyre total oust 21 days after completion of the services in this A,iftendurn, Q is
E^?sy=t rit Contractor v.,Q submil an itemized invoice to Giant for the payment required by this Addendum, and the invoice will be doe a.rA payable by C€ent within 30 clays, 2016-1202 vS/Pe
Exhibit 2 119
Exhibit 2 330
EXHIBIT "B"
GRANICUS BUDGETARY PROPOSAL FEE INCREASE LETTER
Exhibit 2 331
GRAN IC-JS
408 Saint Peter Street, Suite 600 THIS IS NOT AN INVOICE Order Form Saint Paul, MN 55102 Prepared for
United States Bell Gardens, CA
Granicus Budgetary Proposal for Bell Gardens, CA
Please note: This is not an invoice. This is a budgetary proposal that outlines the products and fees associated with the subscription renewal. Please inform the Granicus Contact listed below if you wish to issue a PO against this budgetary proposal.
IIII IIII'' IIIII;IIII' IIII' IIIII;°' UI
Prepared By: Sophia Rasmussen
Phone:
Email: [email protected]
Order#: Q-223970
Prepared On: 08/16/2022
Expires On: 1 1/14/2022
I; III; Iws
Currency: USD
Payment Terms: Net 30 (Payments for subscriptions are due at the beginning of the period of performance.)
Current Subscription
End Date: 11/14/2022
Period of Performance: 1 1/15/2022- 11/14/2023
Order #: Q-223970
EXE[ffjpglred: 08/16/2022 332