Agenda packet — Bell Gardens City Council, June 26, 2023 (part 1 of 3)

CITY OF BELL GARDENS

CITY COUNCIL / SUCCESSORAGENCY TO THE COMMUNITY

DEVELOPMENT COMMISSION

JOINT MEETING
MONDAY, JUNE 26, 2023, 6:00 PM
AGENDA
LOCATION: CITY COUNCIL CHAMBERS, 7100 GARFIELD AVENUE, BELL GARDENS, CA90201 The meeting will be held at Bell Gardens City Hall in the Council Chambers. The public may attend the meeting in -person or virtually as instructed below. You may view the meeting live on the City's website at https://www.bellgardens.org/i-want-to/watch-city-council-meetings .

ACCESSIBILITY: If requested, the agenda and backup materials will be made available in appropriate alternative formats to persons with a disability, as required by Section 202 of the Americans with Disabilities Act of 1990 (42 U.S.C. Sec. 12132), and the federal rules and regulations adopted in implementation thereof. Any person who requires a disability -related modification or accommodation, in order to observe and/or offer public comment may request such reasonable modification, accommodation, aid, or service by contacting the City Clerk's office by telephone at 562-806-7704 or via email to CityClerkDesk; bellgardens.org no later than 72 -hours before the scheduled meeting.

PUBLIC PARTICIPATION: The members of the public may address the City Council / Agency Members on any item listed on the agenda or on matters which are not listed on the agenda but are within the subject matter jurisdiction of the City Council / Successor Agency. Public comments are limited to three (3) minutes per person for each designated public comment period(s). Public comments for non - agenda items will be limited to a total of 30 minutes. Public comments can be made by any of the following ways:

IN -PERSON: Members of the public can provide in -person comments at the podium in the Council Chamber. Public comments are limited to three (3) minutes for each designated public comment period(s) per speaker, unless a different time is announced by the presiding chair. Speakers who wish to address the City Council / Agency Members should do so by submitting a "Public Comment Card" card by 5:00 p.m. for Closed Session items and by 6:00 p.m. for all other designated public comment periods as listed.

BY TELEPHONE: Phone Number: (669)900-9128 Webinar ID: 813 3236 4343# Passcode: 2021# To address the City Council press *9 to raise your hand then *6 to unmute yourself when instructed.

VIRTUALLY LIVE: Members of the public may participate via Zoom by https://zoom.us/join and entering the Zoom Meeting ID: 813 3236 4343 Passcode: 2021
Comments may also be made via the Zoom app by using the "Raise Hand" feature when it is your turn to speak the host will unmute you. Comments will not be accepted in the QandA Chat function of the zoom app.

WRITTEN COMMENTS: Public comments may be emailed to [email protected] or mailed to: City Clerk's Office, 7100 Garfield Ave., Bell Gardens, CA 90201. To ensure distribution to the members of the City Council / Agency Members prior to consideration of the agenda, please submit comments no later than one (1) hour prior to the meeting. Those comments, as well as any comments

received after, will be distributed to the members of the City Council / Successor Agency and will be part of the official public record of this meeting.

For more information, you may contact the City Clerk's office during regular business hours 7:30 a.m. to 6:00 p.m., Monday through Thursday at (562) 806-7704.

PUBLIC HEARING: Public participation will be separately called for the public to provide comments at the time of each public hearing item. Speakers who wish to provide a comment should do so by submitting a "Public Comment Card" to the staff liaison, clerk, prior to the designated public comment period.

CALL TO ORDER

INVOCATION

PLEDGE OF ALLEGIANCE

ROLL CALL OF CITY COUNCIL MEMBERS / SUCCESSOR AGENCY TO THE COMMUNITY

DEVELOPMENT COMMISSION MEMBERS
Marco Barcena, Council Member/Agency Member
Jorge) Chavez, Council Member/Agency Member
Maria Pulido, Council Member/Agency Member
Francis De Leon Sanchez, Mayor Pro Tem / Vice Chair
Alejandra Cortez, Mayor / Chair

PRESENTATIONS
• PROCLAMATION DECLARING THE MONTH OF JULY 2023 AS PARKS MAKE LIFE

BETTER MONTH
PUBLIC HEARING (Item No. 1)

1. CONSIDERATION OF ORDINANCE NO. 933 FOR ZONING CODE AMENDMENT NO. 2023-024 - RESIDENTIAL VEHICLE PARKING BACK-UP CLEARANCE Ordinance No. 933 Zoning proposes to amend BGMC Title 9 (Zoning and Planning Regulations) to remove Section 9.46.030 (Specialized Rear Yard Requirements) of Chapter 9.46 (Yard Provisions) and amend Section 9.38.070 (Motor Vehicle Maneuvering and Parking Space Layout) of Chapter 9.38 (Parking and Loading (off-street)).

Recommendation:

It is recommended that the City Council:

1. Find the proposed ordinance is exempt from the provisions of the California Environmental Quality Act ("CEQA") pursuant to State CEQA Guidelines Section 15061; and

2. Waive full reading and introduce Ordinance No. 933 by title only, amending Title 9 (Zoning and Planning Regulations) of the Bell Gardens Municipal Code ("BGMC") to remove Section

9.46.030 (Specialized Rear Yard Requirements) of Chapter 9.46 (Yard Provisions) and amend Section 9.38.070 (Motor Vehicle Maneuvering and Parking Space Layout) of Chapter

9.38 (Parking and Loading (off-street)).

PUBLIC COMMENTS ON NON -AGENDA ITEMS UNDER THE SUBJECT MATTER 2 JURISDICTION OF THE CITY COUNCIL / SUCCESSOR AGENCY
During this time, the members of the public may address the City Council / Successor Agency regarding any items within the subject matter jurisdiction of the City Council / Successor Agency. Public comments are limited to 3 minutes per person subject to an overall 30 -minute period for non -agenda items.

Government Code Section 54590 prohibits the City Council / Successor Agency from taking action or engaging in discussion on a specific item unless it appears on the agenda.

PUBLIC COMMENTS ON AGENDA ITEMS ONLY
During this time, the members of the public may address the City Council / Agency Members regarding any items listed on the agenda. Public comments are limited to 3 minutes per person.

CITY MANAGER'S REPORT
CONSENT CALENDAR (Items No. 2-18)
All matters listed under the Consent Calendar are considered to be routine and can be acted on by one roll call vote. There will be no separate discussion of these items unless members of the City Council / Successor Agency request specific items to be removed from the Consent Calendar for separate action.

Items called for separate discussion will be heard as the next order of business.

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

Recommendation:

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

3. APPROVAL MINUTES OF JUNE 12, 2023 CLOSED SESSION AND CITY / SUCCESSOR

AGENCY JOINT MEETING
Approve the minutes of the June 12, 2023 Closed Session and City/Successor Agency Joint Meetings.

Recommendation:

It is staff's recommendation that the City Council approve the minutes of the June 12, 2023 Closed Session and City/Successor Agency Joint Meetings.

4. APPROVAL OF FOURTH AMENDMENT TO THE PROFESSIONAL SERVICES AGREEMENT WITH TERRA REALTY. INC.

A request to approve a Fourth Amendment the Terra Realty Master Agreement for the 2023-2024 Fiscal Year to extend and increase the contract compensation.

Recommendation:

It is staff's recommendation that the City Council:

1. Adopt the attached Resolution and approve a Fourth Amendment to the Master Agreement between the City and Terra Realty Advisors; and

2. Find the proposed action exempt from the provisions of the California Environmental Quality 3 Act ("CEQA").

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

Recommendation:

It is staff's recommendation that the City Council receive and file the warrant registers, wire transfers, and net payrolls dated 05/18/23, 05/23/23, 05/30/23/23, 06/01/23 and 06/06/23.

6. WARRANT REGISTER SUCCESSOR AGENCY
In approving the action of receiving and filing the warrant registers, the official minutes of the Successor Agency should state that each individual member of the Successor Agency is not voting on, influencing the outcome of, or participating in approving, accepting, receiving or filing any warrant which bears the name of the same Successor Agency Member, or pays for any costs or expenses, or otherwise benefits the same named Successor Agency Member. Each Successor Agency Member will not be participating, influencing or voting on any such warrant bearing their name or which benefits the same named Successor Agency Member, but with that exception is voting in favor of receiving and filing all other warrants contained in this report, unless otherwise noted on the record at the time of the approval of the action required by this report.

Recommendation:

It is staff's recommendation that the Successor Agency Members receive and file the warrant register dated 05/23/23.
7 APRIL 2023 TREASURER'S REPORT
The Treasurer's Report is a list of cash, investment portfolio and restricted bond cash held by the City.

Recommendation:

It is recommended that the City Council receive, approve, and file the April 2023 Treasurer's Report.

8. MARCH 2023 TREASURER'S REPORT
The Treasurer's Report is a list of cash, investment portfolio and restricted bond cash held by the City.

Recommendation:

It is recommended that the City Council receive, approve, and file the March 2023 Treasurer's Report.

9. MAY 2023 TREASURER'S REPORT
The Treasurer's Report is a list of cash, investment portfolio and restricted bond cash held by the City.
4 Recommendation.

It is recommenced that the City Council receive, approve, and file the May 2023 Treasurer's Report.

10. ADOPTION OF PART-TIME HOURLY PAY SCHEDULE
Consideration to Adopt the Hourly Pay Schedule for Positions Designated as Temporary / Part - Time for FY 2023-24
Recommendation:

That the City Council, by motion, approve the attached Resolution adopting the hourly pay schedule for positions designated as temporary / part-time.

11. ADOPTION OF MEMORANDUM OF UNDERSTANDING BETWEEN THE CITY OF BELL

GARDENS AND THE CITY PUBLIC WORKS SUPERVISORS ASSOCIATION (PWSA) In 2021, the City entered into an agreement with the City Public Works Supervisors Association (PWSA). This agreement is set to expire on June 30, 2023. In March 2023, the City commenced labor negotiations with the PWSA, multiple proposals were exchanged, and a tentative agreement was achieved in June 2023. and City management has been negotiating with the bargaining unit on a new agreement.

Recommendation:

It is Staff's recommendation that the City Council, by motion, approve the attached Resolution adopting a Memoranda of Understanding between the City of BeII Gardens and the Bell Gardens Public Works Supervisor's Association (PWSA) commencing as of July 1, 2023, and continuing through June 30, 2026.

12. APPROVAL TO ENTER INTO A CONTRACT WITH BLACK & WHITE EMERGENCY VEHICLES INC.

The Police Department requests approval to enter into a contract with Black and White Emergency Vehicles, Inc. for the installation of emergency and electronics equipment for one Ford Police Interceptor Utility vehicle that was purchased and approved by the City Council on September 12, 2022.

Recommendation:

It is staff's recommendation that the City Council:

1. Approve an agreement with Black and White Emergency Vehicles, Inc. for the purchase and installation of emergency and communications equipment for one previously purchased Ford Police Interceptor Utility vehicle that was approved by City Council on September 12, 2022 (Resolution 2022-93); and

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

13. ADOPT A RESOLUTION AUTHORIZING THE INSTALLATION OF RED CURB 'NO

PARKING' RESTRICTIONS AT THE INTERSECTION OF EASTERN AVENUE AND

PRIORY STREET
The Department of Public Works received a request from the Bell Gardens Police Department to evaluate the intersection of Eastern Avenue and Priory Street due to safety concerns with vehicles turning onto Eastern Avenue from Priory Street. The City Engineer completed a site investigation of the location to confirm existing roadway and sight distance conditions.

Recommendation:

It is staff's recommendation that the City Council by motion adopt the attached Resolution 5 authorizing the installation of the following parking restrictions:

1. Fifty feet of red curb 'no parking' restrictions at the northwest corner of the Eastern Avenue and Priory Street;

2. Forty feet of red curb 'no parking' restrictions at the southeast corner of the Eastern Avenue and Priory Street; and

3. Twenty feet of red curb 'no parking' restrictions at the northeast corner of Eastern Avenue and Priory Street.
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14. INSTALLATION OF SPEED LIMIT SIGNS ON GREENWOOD AVENUE SOUTH OF GAGE AVENUE
The Department of Public Works received a request to evaluate the need for speed limit signs to encourage motorists to slow down on Greenwood Avenue, south of Gage Avenue. The City Engineer completed a site investigation.

Recommendation:

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

1. Authorize the installation of 25 MPH speed limit signs facing northbound and southbound traffic on Greenwood Avenue south of Gage Avenue; and

2. Request traffic enforcement from the Police Department to enforce compliance with the posted stop signs and speed limits.

15. APPROVAL OF MEMORANDUM OF UNDERSTANDING AND TEFAP AGREEMENT WITH

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

Recommendation:

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

16. APPROVAL OF PROFESSIONAL SERVICES AGREEMENT FOR THE 5K AND KIDS RUN

RACE PRODUCTION AND MANAGEMENT
Adoption of Resolution and approval of a professional services agreement with Aztlan Athletics for a three-year term with the option of two one-year extensions.

Recommendation:

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

1. Adopt the attached resolution and;

2. Approve a professional services agreement with Aztlan Athletics for the City's 5K and Kids Run Race Production and Management for a three-year term with the option of two one-year extensions.

17. APPROVAL OF AGREEMENT WITH MIRACLE RECREATION EQUIPMENT COMPANY

FOR THE PURCHASE AND INSTALLATION OF PLAYGROUND EQUIPMENT FOR JULIA

RUSS ASM US PARK AND HANNON PARK
Approval of the Agreement with Miracle Recreation Equipment Company will provide for the purchase and installation of playground equipment for Julia Russ Asmus Park and Hannon Park. 6 The Agreement incorporates specific language required by the Clean California Local Grant Program.

Recommendation:

It is staff's recommendation that the City Council by motion approve the attached Agreement with Miracle Recreation Equipment Company, a subcompany of PlayPower, Inc., for the purchase and installation of playground equipment.

18. SECOND READING AND ADOPTION OF ORDINANCE NO. 934 (ZONING CODE AMENDMENT NO. 2023-040)
Second reading and adoption of Ordinance No. 934 (Zoning Code Amendment No. 2023-040), amending Title 5 (business licenses, regulations and taxes) of the Bell Gardens Municipal Code to add licensing and permit requirements for cannabis retail business, and amending Title 9 (zoning and planning regulations) to conditionally permit, or permit by development agreement, cannabis retail uses in commercial zones.

Recommendation:

It is staffs recommendation that the City Council waive full reading and adopt Ordinance No. 934 to conditionally permit commercial cannabis retail uses in commercial and industrial zones and require such business to obtain business regulatory permits subject to specific operating standards.

DISCUSSION (Items No.19)

19. ADOPTION OF THE FISCAL YEAR 2023-24 OPERATING AND CAPITAL IMPROVEMENT

BUDGETS, COMPENSATION PLAN, AND ESTABLISHING THE APPROPRIATIONS LIMIT
Presented for adoption is the July 1, 2023 - June 30, 2024 Operating and Capital Improvement Budgets and Compensation Plan; and GANN Appropriations limit for FY 2023-2024 pursuant to Article XI I I -B of the California State Constitution.

Recommendation:

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

1. The attached Resolution adopting the fiscal year July 1, 2023 to June 30, 2024 (FY 2023-24) Operating and Capital Improvement Budgets and Compensation Plan; and

2. The attached Resolution establishing the GANN Appropriations limit for FY 2023-24 pursuant to Article XI I I -B of the California State Constitution.

CITY COUNCIL/ SUCCESSORAGENCY MEMBER COMMENTS
Daisy Gomez, City Clerk

ADJOURNMENT
Agenda posted on June 22, 2023.
7 CITY OF BELL GARDENS

OFFICE OF THE CITY MANAGER

AGENDA REPORT
Item •
TO:

FROM:

BY:

SUBJECT:

Honorable Mayor and City Council Members
Michael B. O'Kelly, City Manager
Elizabeth Nava, Direction of Recreation and Community Services PROCLAMATION DECLARING THE MONTH OF JULY 2023 AS PARKS MAKE LIFE

BETTER MONTH
DATE: June 26, 2023
RECOMMENDATION:

It is staff's recommendation that the City Council
APPROVED ELECTRONICALLY BY:

Michael B. O'Kelly, City Manager
Stephanie Vasquez, City Attorney and/or Susie Altamirano, Assistant City Attorney Manuel Carrillo, Director of Finance and Administrative Services 8 CITY OF BELL GARDENS

OFFICE OF THE CITY MANAGER

AGENDA REPORT
Item 1.

TO:

FROM:

BY:

Honorable Mayor and City Council Members
Michael B. O'Kelly, City Manager
Gustavo Romo, Director of Community Development
Steven Jones, City Planner
SUBJECT: CONSIDERATION OF ORDINANCE NO. 933 FOR ZONING CODE AMENDMENT NO. 2023-024 - RESIDENTIAL VEHICLE PARKING BACK-UP CLEARANCE DATE: June 26, 2023
RECOMMENDATION:

It is recommended that the City Council:
1 Find the proposed ordinance is exempt from the provisions of the California Environmental Quality Act ("CEQA") pursuant to State CEQA Guidelines Section 15061; and

2. Waive full reading and introduce Ordinance No. 933 by title only, amending Title 9 (Zoning and Planning Regulations) of the Bell Gardens Municipal Code ("BGMC") to remove Section 9.46.030 (Specialized Rear Yard Requirements) of Chapter 9.46 (Yard Provisions) and amend Section 9.38.070 (Motor Vehicle Maneuvering and Parking Space Layout) of Chapter 9.38 (Parking and Loading (off-street)).

BACKGROUND/DISCUSSION:

The BGMC establishes requirements for all zones to ensure proper vehicle maneuvering for vehicles accessing parking and loading facilities. Section 9.38.070(B) requires a minimum 25 -foot back-up clearance from any property line, structure, or obstacle. In addition, BGMC Section 9.46.030 (Specialized Rear Yard Requirements) provides that up to one-half of the width of an adjoining alley may be used to calculate the required back-up clearance.

Depending on the total width of an alley, allowing an applicant to only use one-half of its width for the calculation of the required back-up clearance could leave approximately 10 to 15 feet of open space that encourages tandem parking and vehicle protrusions into the alley. Tandem parking is currently prohibited from meeting required parking and the potential for safety hazards increases when public rights -of -way are obstructed.

During a duly noticed May 17, 2023, Planning Commission Meeting, staff gave a brief presentation recommending approval of the proposed Ordinance No. 933 (the "Ordinance") (Exhibit 1). The Planning Commission adopted Resolution #PC 2023-03 (Exhibit 2) after closing the public hearing of the duly noticed May 17, 2023, Planning Commission Meeting. The resolution recommends to the City Council approval of the Ordinance.

There is a need to simplify Zoning Code standards by centralizing the location of vehicle maneuvering standards to accommodate a mix of housing types and facilitate needed housing production to provide opportunity, choice, and options for Bell Gardens residents' housing needs. Removing specialized rear yard requirements and adding clarifying back-up clearance standards for residential parking would streamline the efficient review of entitlement requests, expedite compatible development, and help increase public right-of-way safety. 9 The Ordinance proposes to amend BGMC Title 9, Zoning and Planning Regulations, to remove Section 9.46.030, (Specialized Rear Yard Requirements) of Chapter 9.46 (Yard Provisions) and amend Section 9.38.070 (Motor Vehicle Maneuvering and Parking Space Layout) of Chapter 9.38 (Parking and Loading (off-street)).

The proposed Ordinance would repeal BGMC Section 9.46.030 (Specialized Rear Yard Requirements) in its entirety and make it of no further force or effect.

Additionally, the Ordinance would provide the following amendments to BGMC Section 9.38.070 (Motor vehicle maneuvering and parking space layout):

1. Amend subsection B to replace the term "residential garages" with "residential parking spaces" to clarify that the minimum 25 -foot back-up clearance requirement applies to all off-street parking spaces (garages, carports, and uncovered spaces) for residential uses; and

2. Create subsection B (1), to relocate and amend language currently identified in BGMC Section 9.46.030 (Specialized Rear Yard Requirements) allowing the use of the entire width of an alley in the calculation of the required back-up clearance for residential parking.

General Plan Consistency
The proposed Ordinance would be consistent with Policy No. 2 of the Bell Gardens General Plan Land Use Element, as it emphasizes the City's commitment to promote compatible residential development and ensure safe housing. The Ordinance would discourage incompatible, prohibited tandem parking.

In addition, the Ordinance would be consistent with Bell Gardens General Plan Circulation Element Policy M 2.6 and Program M 2.b. Policy M 2.6 highlights the City's Commitment to place safety and reduction of collisions on high priority. Program M 2.b states the City will assist applicants with demonstrating compliance with mobility policies. The Ordinance would achieve Policy M 2.6 and Program M 2.b of the Circulation Element by ensuring vehicles maintain the required back-up clearance for appropriate maneuverability in accessing residential parking spaces while maintaining the public rights -of -way open to serve local needs.

This Ordinance, if approved, would promote Circulation Element Policy M 5.2, which underscores the City's commitment to require that new developments provide off-street parking for new residential units as it would encourage developers to utilize existing public infrastructure for vehicle maneuvering purposes only while maintaining on -site residential parking for fewer attractions to block the public right-of-way. Developers may also use the clarity and residential parking layout alternative to provide higher density. Accommodating higher density would be supportive of the Housing Element and Bell Gardens' share of the Regional Housing Needs Allocation ("RHNA") approved by the State on January 22, 2021. Due to the built -out nature of the City, a nominal population increase is projected. The Southern California Association of Governments ("SCAG") prepared anticipated population projections when developing RHNA goals. SCAG forecasts a population growth for the City of 1.04% over the next 25 years with an estimated population of approximately 44,300 in 2045 and apportioned a share 503 units for all income categories of the region's needs. The proposed ordinance would enable the City to deploy tools that comply with the state mandate to adequately address the projected growth during the June 30, 2021, through October 15, 2029, planning period.

ENVIRONMENTAL REVIEW:

The proposed Ordinance is exempt from CEQA pursuant to CEQA Guidelines General Rule Section 15061(b)(3) in that there is no possibility that this code amendment may have significant effects upon the environment and pursuant to Section 15378, as the Ordinance is not a project under CEQA because it authorizes no specific activity and would neither cause direct physical change nor a reasonably foreseeable indirect physical change in the environment. 10 CONCLUSION:

The proposed Ordinance would streamline the efficient review of entitlement requests and help prevent obstructions to traffic and safety. In addition, simplifying Zoning Code standards by clarifying back-up clearance will accommodate a mix of housing types and facilitate needed housing production. Staff recommends that the City Council waive full reading and introduce Ordinance No. 933 by title only, amending Title 9.

FISCAL IMPACT:

The proposed Ordinance would be incorporated into the existing Zoning Code framework and would require staff oversight and management. Proposed Ordinance application would occur along with other current services already provided by the Community Development Department. Staff from Planning Division would make developers aware of the alternatives the Ordinance would provide, counsel prospective applicants on the implications of designing projects that comply with the new provisions, and process plans that are already being reviewed for compliance with applicable BGMC provisions. Plan check and inspection services for proposed projects would be funded by application and permit fees. No additional funding would be required for the implementation and application of this proposed Ordinance.

ATTACHMENTS:

Exhibit 1 - Ordinance No. 933
Exhibit 2 - Resolution #PC 2023-03
Exhibit 3 - Public Hearing Notice
APPROVED ELECTRONICALLY BY:

AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF BELL
GARDENS AMENDING BELL GARDENS MUNICIPAL CODE TITLE 9
(ZONING AND PLANNING REGULATIONS) TO REPEAL SECTION

9.46.030 (SPECIALIZED REAR YARD REQUIREMENTS) OF CHAPTER

9.46 (YARD PROVISIONS) AND AMEND SECTION 9.38.070 (MOTOR

VEHICLE MANEUVERING AND PARKING SPACE LAYOUT) OF
CHAPTER 9.38 (PARKING AND LOADING (OFF-STREET))
WHEREAS, the City of Bell Gardens ("City") is a general law city, incorporated under the laws of the State of California;
WHEREAS, pursuant to its police power, the City may enact and enforce laws within its boundaries which promote the public health, morals, safety, or general welfare of the community, and are not in conflict with general laws; WHEREAS, the City's General Plan ("General Plan") articulates the community's vision and is underscored by an effective Zoning Code;
WHEREAS, the proposed zoning text amendment is consistent with furthering the goals and objectives of the General Plan to ensure the needs of the residents are met; WHEREAS, the General Plan's Land Use Element Policy No. 2 emphasizes the City's commitments to promote compatible residential development and ensure safe housing;
WHEREAS, the General Plan's Circulation Element Policy M 2.6 emphasizes the City's commitments to place safety and reduction of collisions on high priority; WHEREAS, the General Plan's Circulation Element Policy M 5.2 emphasizes the City's commitments to require that new developments provide off-street parking for new residential units;
WHEREAS, the proposed amendment would streamline review and processing of entitlement requests and promote accessibility and a convenient, safe, and sustainable transportation network for pedestrians, rollers, and bicyclists; WHEREAS, the City finds it necessary to amend the Bell Gardens Municipal Code ("BGMC") to remove "Specialized Rear Yard Requirements" and add language to clarify "Motor vehicle maneuvering and parking space layout" provisions to allow the use of alley public rights -of -way in computation of required vehicle back-up clearance; and WHEREAS, pursuant to California Government Code Section 65854, the Planning Commission conducted a duly noticed public hearing on this matter on May 17, 2023, and adopted Planning Commission Resolution #2023-03, recommending to the City Council the approval of Ordinance No. 933.
1 Exhibit 1 12

NOW, THEREFORE, the City Council of the City of Bell Gardens does ordain as follows:

SECTION 1. Findings and Purpose. In adopting this Ordinance, the City Council finds and declares as follows:

That the above recitals are true and correct.

Ordinance No. 933 serves the public health, safety, and welfare of the residents and businesses within the City to regulate land use within the City. iii. Ordinance No. 933 is consistent with the Goals and Policies of the City's General Plan.
iv. Ordinance No. 933 would create no risk to the public health and safety.

SECTION 2. Section 9.46.030 (Specialized Rear Yard Requirements) of Chapter 9.46 (Yard Provisions) of Title 9 (Planning and Zoning) is repealed in its entirety and shall be of no further force or effect.

SECTION 3. BGMC subsection B of Section 9.38.070 (Motor vehicle maneuvering and parking space layout) of Chapter 9.38 (Parking and Loading (Off -Street) is amended as follows:

9.38.070 Motor vehicle maneuvering and parking space layout.

B. Maneuvering Areas Adjacent to Parking Spaces. Maneuvering areas adjacent to parking spaces shall be arranged in accordance with the diagrams contained in this section, except that back-up clearances for residential garages parking spaces shall be a minimum of 25 feet from any property line, structure, or obstacle to allow for maneuvering.

SECTION 4. BGMC subsection B of Section 9.38.070 (Motor vehicle maneuvering and parking space layout) of Chapter 9.38 (Parking and Loading (Off -Street) is amended to add subsection B(1) as follows:

1. Where a rear lot line adjoins an alley, the full width of such alley may be considered as a part of the depth of the required back-up clearance for residential parking spaces to allow for maneuvering.

SECTION 5. Compliance with California Environmental Quality Act. The City Council finds that this Ordinance amending the BGMC is exempt from the California Environmental Quality Act (CEQA) pursuant to CEQA Guidelines General Rule, Section 15061(b)(3), in that there is no possibility that this amendment may have a significant effect upon the environment; and under Section 15378, this Ordinance is not a project under CEQA because it will not cause a direct physical change in the environment or a reasonably foreseeable indirect physical change in the environment because it does not authorize any specific activity.
2 Exhibit 1 13

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

SECTION 7. The City Clerk shall certify to the passage and adoption of this Ordinance and shall cause this Ordinance to be published or posted as required by law, which shall take full force and effect thirty (30) days from its adoption.

PASSED, APPROVED AND ADOPTED this _ day of 2023.

THE CITY OF BELL GARDENS
Alejandra Cortez, Mayor
APPROVED AS TO FORM: ATTEST:

Stephanie Vasquez
City Attorney
3 Daisy Gomez
City Clerk
Exhibit 1 14

RESOLUTION #PC 2023-03

A RESOLUTION OF THE PLANNING COMMISSION OF THE CITY OF

BELL GARDENS RECOMMENDING CITY COUNCIL APPROVAL AND
ADOPTION OF AN ORDINANCE AMENDING TITLE 9 OF THE BELL

GARDENS MUNICIPAL CODE
WHEREAS, the City of Bell Gardens ("City") is a general law city, incorporated under the laws of the State of California;
WHEREAS, pursuant to its police power, the City may enact and enforce laws within its boundaries which promote the general welfare of the community, and are not in conflict with general laws;
WHEREAS, the Bell Gardens General Plan articulates the community's vision and is underscored by an effective Zoning Code;
WHEREAS, the proposed zoning text amendment is consistent with furthering the goals and objectives of the Bell Gardens General Plan to ensure the needs of the residents are met;
WHEREAS, Policy No. 2 of the Land Use Element of the BeII Gardens General Plan emphasizes the City's commitments to promote compatible residential development and ensure safe housing;
WHEREAS, Policy M 2.6 of the Circulation Element of the BeII Gardens General Plan emphasizes the City's commitments to place safety and reduction of collisions on high priority;
WHEREAS, Policy M 5.3 of the Circulation Element of the BeII Gardens General Plan emphasizes the City's commitments to require new developments provide off-street parking for new residential units;
WHEREAS, the City finds it necessary to amend the BeII Gardens Municipal Code ("BGMC") to accommodate a mix of housing types and facilitate needed housing production by simplifying the Zoning Code through the centralization of vehicle maneuvering standards and allowing full use of alley public rights -of -way in the calculations of required residential parking back-up clearances; and WHEREAS, pursuant to California Government Code Sections 65854 and 65090, the Planning Commission duly noticed, agendized, and conducted the public hearing on this matter on May 17, 2023;
WHEREAS, the Planning Commission considered all public comments received both before and during the public hearing, the presentation by City staff, the relevant staff report, and all other pertinent documents regarding the proposed Zoning Code Amendment No. 2023-024; and
Exhibit 2 15

Resolution #PC 2023-03

Page 2 ends

WHEREAS, after the close of such public hearing, the Planning Commission adopted Planning Commission Resolution #2023-03 recommending to the City Council the approval of Zoning Code Amendment No 2023-024.

NOW, THEREFORE, THE PLANNING COMMISSION OF THE CITY OF BELL GARDENS HEREBY RESOLVES AND DETERMINES AS FOLLOWS:

SECTION 1. The recitals set forth above are hereby incorporated by this reference as if set forth in full herein.

SECTION 2. In recommending approval of Zoning Code Amendment No. 2023- 024 and adoption of Ordinance No. 933 the Planning Commission finds as follows:
i. The above recitals are true and correct and hereby incorporate them herein by this reference.
ii. Ordinance No. 933 serves the public health, safety, and welfare of the residents within the City by allowing greater flexibility in promoting compatible residential development and ensuring safe housing. iii. Ordinance No. 933 serves the public health, safety, and welfare of the residents and businesses within the City by discouraging incompatible, prohibited tandem parking protruding into alley public rights -of -way. iv. Ordinance No. 933 is consistent with the City's General Plan. v. Ordinance No. 933 amending the BGMC presents no reasonably foreseeable risk to the public health and safety.

SECTION 3. The Planning Commission hereby adopts this Resolution recommending to the City Council the approval of Zoning Code Amendment No. 2023- 024 and adoption of Ordinance No. 933.

SECTION 4. Action on Zoning Code Amendment No. 2023-024 recommending City Council adopt Ordinance No. 933, is exempt from the California Environmental Quality Act ("'CEQA") pursuant to CEQA Guidelines General Rule, Section 15061(b)(3), because there is no possibility that this action may have a significant effect upon the environment; and under Section 15378 as the Ordinance is not a project under CEQA because it authorizes no specific activity and would neither cause direct physical change nor a reasonably foreseeable indirect physical change in the environment.

SECTION 5. The Planning Commission of the City of Bell Gardens hereby transmits and recommends to the City Council approval of Zoning Code Amendment No. 2023-024 and adoption of Ordinance No. 933 amending the Bell Gardens Municipal Code (Zoning and Planning).

Exhibit 2 16

Resolution #PC 2023-03

Page 3 ends

PASSED, APPROVED AND ADOPTED this 17th day of ay 2023.

TONrRivE
ATTEST:

ERIKA GUTIERREZ, PLANNING RETARY
APPROVED AS TO FORM:
2,5

LLOYD PILCHEN

ASSISTANT CITY ATTORNEY
Exhibit 2 17

Exhibit 2 18

NOTICE OF PUBLIC HEARING
CONSIDERATION OF ADOPTION OF ORDINANCE NO. 933, AMENDING BELL GARDENS MUNICIPAL CODE TITLE 9 "ZONING AND PLANNING REGULATIONS"

TO ACCOMMODATE REQUIRED RESIDENTIAL PARKING
NOTICE IS HEREBY GIVEN, the City Council of the City of Bell Gardens will conduct a public hearing to consider the adoption of a resolution and approval of Ordinance No. 933 amending Title 9 of the BeII Gardens Municipal Code to remove Chapter 9.46 Yard Provisions, Section 9.46.030, "Specialized Rear Yard Requirements," and Chapter 9.38 "Parking and Loading (off-street), "Section 9.38.070 "Motor Vehicle Maneuvering and Parking Space Layout" for maneuvering areas adjacent to required residential use parking spaces. Copies of the proposed changes are available for review at Bell Gardens City Hall and on our website at https://www.bellgardens.org/government/city- departments/public-notifications.

DATE OF HEARING: Monday, June 26, 2023
TIME OF HEARING: 6:00 P.M., or as soon thereafter as possible.

ENVIRONMENTAL DETERMINATIONS: The proposed ordinance is exempt from the California Environmental Quality Act ("CEQA") (Pub. Res. Code § 21000 et seq.) under the common sense exemption set forth at California Code of Regulations, Title 14, § 15061(b)(3) ("CEQA Guidelines") because it can be seen with certainty that there is no possibility that the adoption of this proposed resolution recommending approval of an ordinance accommodating parking would have a significant effect on the environment and the proposed ordinance constitutes an activity not considered a project according to section 15060(c) (3) since there is no anticipation of a direct or reasonably foreseeable indirect physical change in the environment pursuant to section 15060(c)(2).

INVITATION TO BE HEARD/PUBLIC PARTICIPATION: The public hearing will be held before the City of BeII Gardens City Council on Monday, June 26, 2023, at 6:00 p.m. The public may attend the meeting in person or may view the meeting online. The meeting will be recorded and live streamed on the City's website at https://www.bellgardens.org/i- want-to/watch-city-council-meetings. Public comments for the public hearing are limited to three (3) minutes per person. Members of the public can access and participate in the meetings as follows:

IN -PERSON: Members of the public can provide in -person comments at the podium in the Council Chamber. The Council Chamber will have seating available for members of the public to attend the meeting in -person. Public comments for the public hearing are limited to three (3) minutes per speaker. Speakers who wish to address the City Council should do so by submitting a "Public Comment Card" to the City Clerk.

BY TELEPHONE: Phone Number: (669) 900-9128 Webinar ID: 892 6467 1097# Passcode: 2021# to address the City Council press *9 to raise your hand then *6 to unmute yourself when instructed.

Exhibit 3 19

VIRTUALLY LIVE: Members of the public may participate via Zoom by clicking here https://zoom.us/join and entering the Zoom Meeting ID: 892 6467 1097 Passcode:
2021 Comments may also be made via the Zoom app by using the "Raise Hand" feature when it is your turn to speak the host will unmute you. Comments will not be accepted in the Q and A Chat function of the Zoom app.

WRITTEN COMMENTS: Public comments may be emailed to
[email protected] or mailed to the City Clerk's Office. To ensure distribution to the members of the City Council prior to consideration of the agenda, please submit comments no later than one (1) hour prior to the meeting. Those comments, as well as any comments received after, will be distributed to the members of the City Council and will be part of the official public record of this meeting.

The City Council staff report will be available no later than Friday, June 23, 2023, and will be posted on the City's website at https://www.bellgardens.org/i-want-to/view- agendas. If requested, the agenda and backup materials will be made available in appropriate alternative formats to persons with a disability, as required by Section 202 of the Americans with Disabilities Act of 1990 (42 U.S.C. Sec. 12132), and the federal rules and regulations adopted in implementation thereof. Any person who requires a disability - related modification or accommodation, to observe and/or offer public comment may request such reasonable modification, accommodation, aid, or service by contacting the City Clerk's Office no later than 72 -hours before the scheduled meeting.

For more information, you may contact the City Clerk's Office located at 7100 Garfield Avenue, Bell Gardens, CA 90201 during regular business hours 7:30 a.m. to 6:00 p.m., Monday through Thursday at (562) 806-7704 or via email to CityClerkDesk@bellgardens,org.

Daisy Gomez
City Clerk
Posted: June 15, 2023
Bell Gardens City Hall
Bell Gardens John Anson Ford Park
Bell Gardens Veterans Park - Ross Hall Auditorium
Bell Gardens Department of Public Works
Daily Journal Corporation (Bell Gardens News Paper) — General Circulation Exhibit 3 20

CITY OF BELL GARDENS

OFFICE OF THE CITY MANAGER

AGENDA REPORT
Item 2.

TO:

FROM:

BY:

SUBJECT:

Honorable Mayor and City Council Members
Michael B. O'Kelly, City Manager
Daisy Gomez, City Clerk

GENERAL MOTION TO WAIVE FULL READING AND APPROVE ORDINANCES BY TITLE ONLY PURSUANT TO CALIFORNIA GOVERNMENT CODE SECTION 36934 DATE: June 26, 2023
RECOMMENDATION:

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

BACKGROUND/DISCUSSION:

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

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

CONCLUSION:

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

FISCAL IMPACT:

No fiscal impact.

APPROVED ELECTRONICALLY BY:

OFFICE OF THE CITY MANAGER

AGENDA REPORT
Item 3.

TO: Honorable Mayor and City Council Members
FROM: Michael B. O'Kelly, Executive Director
BY: Daisy Gomez, City Clerk
SUBJECT: APPROVAL MINUTES OF JUNE 12, 2023 CLOSED SESSION AND CITY/ SUCCESSOR

AGENCY JOINT MEETING
DATE: June 26, 2023
RECOMMENDATION:

It is staff's recommendation that the City Council approve the minutes of the June 12, 2023 Closed Session and City/Successor Agency Joint Meetings.

BACKGROUND/DISCUSSION:

Every Closed Session and City/Successor Agency Joint Meetings the City Clerk documents the actions made by the Agency Members/City Council.

CONCLUSION:

If approved, the minutes of the Closed Session and City/Successor Agency Joint Meetings will be archived in the City Clerk's Office.

FISCAL IMPACT:

No fiscal impact.

ATTACHMENTS:

Exhibit 1 - Minutes of June 12, 2023 Regular City Council/Successor Agency Joint Meeting Exhibit 2 - Minutes of June 12, 2023 Regular Closed Session APPROVED ELECTRONICALLY BY:

CITY COUNCIL / SUCCESSORAGENCY TO THE COMMUNITY

DEVELOPMENT COMMISSION

JOINT MEETING
MONDAY, JUNE 12, 2023, 6:00 PM

MINUTES
LOCATION: CITY COUNCIL CHAMBERS, 7100 GARFIELD AVENUE, BELL GARDENS, CA90201 PUBLIC PARTICIPATION: The members of the public may address the City Council / Agency Members on any item listed on the agenda or on matters which are not listed on the agenda but are within the subject matter jurisdiction of the City Council / Successor Agency. Public comments are limited to three (3) minutes per person for each designated public comment period(s). Public comments for non - agenda items will be limited to a total of 30 minutes. Public comments can be made by any of the following ways:

BY TELEPHONE: Phone Number: (669)900-9128 Webinar ID: 813 3236 4343# Passcode: 2021# To address the City Council press *9 to raise your hand then *6 to unmute yourself when instructed.

VIRTUALLY LIVE: Members of the public may participate via Zoom by https://zoom.us/join and entering the Zoom Meeting I D: 813 3236 4343 Passcode: 2021
Comments may also be made via the Zoom app by using the "Raise Hand" feature when it is your turn to speak the host will unmute you. Comments will not be accepted in the QandA Chat function of the zoom app.

For more information, you may contact the City Clerk's office during regular business hours 7:30 a.m. to 6:00 p.m., Monday through Thursday at (562) 806-7704.

Exhibit 1 23

CALL TO ORDER
The Council Members of the City of Bell Gardens City Council/Successor Agency held a Joint Regular meeting on June 12, 2023, in the Council Chambers, 7100 Garfield Avenue, Bell Gardens, CA with MayorAlejandra Cortez presiding. MayorAlejandra Cortez called the joint meeting to order at 6:10 p.m.

INVOCATION
The invocation was given by Pastor Reynaldo Leal.

PLEDGE OF ALLEGIANCE
The Pledge of Allegiance was led by City Manager Michael O'Kelly.

ROLL CALL OF CITY COUNCIL MEMBERS / SUCCESSOR AGENCY TO THE COMMUNITY

DEVELOPMENT COMMISSION MEMBERS

Present:

Marco Barcena, Agency Member/Council Member
Jorgel Chavez, Agency Member/Council Member
Maria Pulido, Agency Member/Council Member
Francis De Leon Sanchez, Vice Chair/Mayor Pro Tem
Alejandra Cortez, Chair/Mayor

Absent:

None

PRESENTATIONS
• CERTIFICATE OF RECOGNITION FOR BELL GARDENS INTERMEDIATE DANCE

INSTRUCTOR JOSE MENDOZAAND DANCE TEAM
Councilmember Marco Barcena read the certificate of recognition. • PROCLAMATION IN HONOR OF JUNETEENTH DAY OF OBSERVANCE This item was heard prior to the first presentation, Certificate of Recognition for Bell Gardens Intermediate Dance Team, Councilmember Jorgel Chavez read the certificate of recognition.

PUBLIC HEARING (Item No. 1)

1. CONSIDERATION OF ORDINANCE NO. 934 REGULATING COMMERCIAL RETAIL

CANNABIS ACTIVITY CITYWIDE
Ordinance No. 934 is proposed to establish provisions to allow and regulate commercial retail cannabis activity citywide.

It is recommended that the City Council:

1. Find the proposed ordinance (Exhibit 1) is exempt from the provisions of the California Environmental Quality Act ("CEQA"); and

2. Adopt the attached Resolution (Exhibit 2) recommending to the City Council approval of the procedures and requirements for a proposed Development Agreement in connection Exhibit 1 24

with a Conditional Use Permit for a cannabis retail use in the City of Bell Gardens; and

3. Waive full reading and introduce Ordinance No. 934, by title only.

MayorAlejandra Cortez opened the public hearing at 6:33 p.m.

Gustavo Romo, Director of Community Development, and Paloma Perez -McEvoy provided a presentation.

Nabor Rios spoke in opposition to the item.

Sofia Leon spoke in opposition to the item.

Elena Romero spoke in opposition to the item.

Jennifer Rodriguez spoke in opposition to the item.

Maria Ruiz spoke in opposition to the item.

Juan Cervantes spoke in opposition to the item.

Jorge Montoya spoke in opposition to the item.

Bruce Crow spoke in opposition to the item.

Martha Carrasco spoke in opposition to the item.

Rogelio Rodriguez spoke in opposition to the item.

Ascension Lopez spoke in opposition to the item.

Mario spoke in opposition to the item.

Mariela Rodriguez spoke in opposition to the item.

Felipe Diaz spoke in opposition to the item.

Carmen Jaramillo spoke in opposition to the item.

Oralia Flores spoke in opposition to the item.

Rosario Luna spoke in opposition to the item.

Robert Rodriguez spoke in opposition to the item.

Esteban Figueroa spoke in opposition to the item.

City Clerk Daisy Gomez announced that one (1) written comment was received and distributed to the City Council.

MayorAlejandra Cortez closed the public hearing at 7:51 p.m.

Exhibit 1 25

A motion was made by Mayor Pro Tem Francis de Leon Sanchez, seconded by Mayor Alejandra Cortez to amend Ordinance No. 934 Section 6 Proximity to Cannabis Retailers from 250 -foot to 500 -foot radius of another Cannabis Retailer.

The motion carried 5-0 with the following vote:

AYES: Barcena, Chavez, Pulido, De Leon Sanchez, Cortez
NOES: None
ABSENT: None
ABSTAIN: None
A motion was made by Mayor Pro Tem Francis de Leon Sanchez, seconded by Councilmember Marco Barcena to prohibit a Cannabis Retail Use to exist from Florence and Eastern with a one block radius and to include Lubec, Live Oak and Ajax.

The motion carried 5-0 with the following vote:

AYES: Barcena, Chavez, Pulido, De Leon Sanchez, Cortez
NOES: None
ABSENT: None
ABSTAIN: None
A motion was made by Mayor Pro Tem Francis de Leon Sanchez, seconded by Councilmember Marco Barcena to remove the requirement for the applicant to submit a state license with the land use permit application as the requirement is redundant since it is already required for the business permit application within the city.

The motion carried 5-0 with the following vote:

AYES: Barcena, Chavez, Pulido, De Leon Sanchez, Cortez
NOES: None
ABSENT: None
ABSTAIN: None
A motion was made by Councilmember Marco Barcena, seconded by Mayor Pro Tem Francis de Leon Sanchez to amend Resolution No. 2023-43 (H)(3) to expand the eighty percent (80 %) of monetary value of the public benefits to include the City's housing programs.

The motion carried 5-0 with the following vote:

AYES: Barcena, Chavez, Pulido, De Leon Sanchez, Cortez
NOES: None
ABSENT: None
ABSTAIN: None
A motion was made by Mayor Alejandra Cortez, seconded by Councilmember Marco Barcena to approve staff's recommendation items 1 through 3 to include the approved amendments.

Exhibit 1 26

The motion carried 4-1 with the following vote:

AYES: Barcena, Pulido, De Leon Sanchez, Cortez
NOES: Chavez
ABSENT: None
ABSTAIN: None
First reading of Ordinance No. 934 was approved and Resolution No. 2023-43 was adopted.

MayorAlejandra Cortez recessed the meeting at 8:00 p.m. and reconvened the meeting at 8:15 p.m.

PUBLIC COMMENTS ON NON -AGENDA ITEMS UNDER THE SUBJECT MATTER

JURISDICTION OF THE CITY COUNCIL / SUCCESSOR AGENCY
Bruce Crow spoke regarding Central Basin Municipal Water District and various other topics.

Jennifer Rodriguez spoke regarding the opposition of Council's decision.

Marco A. Atmenta spoke regarding the opposition of Council's decision.

Rogelio Rodriguez spoke regarding the opposition of Council's decision.

Herlinda Morales de Jimenez spoke in opposition of Council decision.

Nemesio Segura spoke in opposition of Council decision.

PUBLIC COMMENTS ON AGENDA ITEMS ONLY
There were no comments made.

CITY MANAGER'S REPORT
City Manager Michael O'Kelly provided a brief report.

CONSENT CALENDAR (Items Nos. 2 -10)
All matters listed under the Consent Calendar are considered to be routine and can be acted on by one roll call vote. There will be no separate discussion of these items unless members of the City Council / Successor Agency request specific items to be removed from the Consent Calendar for separate action.

Items called for separate discussion will be heard as the next order of business.

A motion was made by Councilmember Marco Barcena, seconded by Mayor Pro Tem Francis de Leon Sanchez to approve Consent Calendar Item Nos. 2 -10.

The motion carried 5-0 with the following vote:

AYES: Barcena, Chavez, Pulido, De Leon Sanchez, Cortez
NOES: None
Exhibit 1 27

ABSENT: None
ABSTAIN: None

Recommendation:

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

3. APPROVAL MINUTES OF MAY 22, 2023 CLOSED SESSION AND CITY / SUCCESSOR

AGENCY JOINT MEETING
Approve the minutes of the May 22, 2023 Closed Session and City/Successor Agency Joint Meetings.

Recommendation:

It is staff's recommendation that the City Council approve the minutes of the May 22, 2023 Closed Session and City/Successor Agency Joint Meetings.

4. SECOND READING AND APPROVAL OF AN ORDINANCE ADDING CHAPTER 2.61 (ELECTRONIC FILING) TO TITLE 2 (ADMINISTRATION AND PERSONNEL) TO THE

BELL GARDENS MUNICIPAL CODE RELATING TO ELECTRONIC FILING OF

CAMPAIGN STATEMENTS AND STATEMENTS OF ECONOMIC INTERESTS Second reading and adoption of Ordinance No. 932 to require an elected officer, candidate, committee, or other person required to file statements, reports, or other documents online or electronically with the local filing officer.

Recommendation:

It is staff's recommendation that the City Council waive full reading and adopt Ordinance No. 935, by title only, to add Chapter 2.61 (Electronic Filing) to Title 2 (Administration and Personnel) of the Bell Gardens Municipal Code relating to electronic filing of campaign statements and statements of economic interests.

Ordinance No. 935 was adopted.

action required by this report.

Recommendation:

It is staff's recommendation that the City Council receive and file the warrant registers, wire transfers, and net payrolls dated 05/04/23, 05/09/23 and 05/16/23.

6. APPROVAL OF RESOLUTION ESTABLISHING AND MEMORIALIZING COMPENSATION

AND BENEFITS FOR THE NON -REPRESENTED FULL-TIME EXECUTIVE

MANAGEMENT, MID -MANAGEMENT AND CONFIDENTIAL EMPLOYEES
The City commenced labor negotiations with the Non -Represented Full -Time Executive Management, Mid -Management and Confidential Employees in May 2023.

Recommendation:

It is staff's recommendation that the City Council, by motion, approve the attached Resolution establishing and memorializing compensation and benefits for the Non -Represented Full -Time Executive Management, Mid -Management and Confidential Employees commencing as of June 1, 2023, and continuing through May 31, 2026.

Resolution No. 2023- 38 was adopted.

7. APPROVAL OF A COOPERATION AGREEMENT WITH THE LOS ANGELES URBAN

COUNTY COMMUNITY DEVELOPMENT BLOCK GRANT PROGRAM FOR FISCAL YEARS 2024-2026
Authorization and approval of a Cooperation Agreement with the Los Angeles Urban County Community Development Block Grant Program for fiscal years 2024-2026.

Recommendation:

It is staff's recommendation that the City Council:
1) Adopt the attached Resolution;
2) Authorize the City Manager to enter into a Cooperation Agreement, approved by the City Attorney as to form, with the Los Angeles Urban County Community Development Block Grant (CDBG) Program for the next three-year funding cycle, effective July 1, 2024 through June 30, 2027.

Resolution No. 2023- 39 was adopted.

8. CONSIDERATION OF A RESOLUTION AUTHORIZING THE CONVENING OF A

COMMUNITY PEDESTRIAN AND BICYCLIST SAFETY TRAINING WORKSHOP

PLANNING COMMITTEE
The Community Pedestrian and Bicycle Training (CPBST) program works to help develop a community -driven implementation action plan to improve walking and biking safety in communities.

Recommendation:

It is recommended that the City Council:

1. Authorize the Bell Gardens Traffic and Safety Commission to convene a local Safety Planning Committee; and

2. Receive and file this report.

Exhibit 1 29

Resolution No. 2023- 40 was adopted.

9. APPOINTING A MEMBER AND ALTERNATE(S) TO THE GOVERNING BOARD OF THE

LOS ANGELES GATEWAY REGION INTEGRATED REGIONAL WATER MANAGEMENT

JOINT POWERS AUTHORITY GOVERNING BOARD
The Los Angeles Gateway Region Integrated Regional Water Management Joint Powers Authority (GWMA) was formed in 2007 in response to the passage of two voter approved water bonds, Proposition 50 passed in 2002 and Proposition 84 passed in 2006. Priorities of the GWMA include stormwater and NPDES compliance, parks and open space planning, water conservation, and regional water planning projects. Each member of the GWMA has one board member on the governing board with one vote each and up to three alternate members. Since 2010, the Director of Public Works has served as the representative for the City of Bell Gardens and the Public Works Management Analyst as the alternate. Member agencies must also appoint Board Members by name and not by position or title; therefore, staff is recommending that the City Council approve the attached Resolution appointing the Member and Alternate.

Recommendation:

It is staff's recommendation that the City Council adopt the attached Resolution appointing a Member and Alternate to the Los Angeles Gateway Region Integrated Regional Water Management Joint Powers Authority (GW MA) Governing Board.

Resolution No. 2023- 41 was adopted.

10. APPROVAL OF PROJECT NEUTRAL AGREEMENT WITH ERNEST BROWN & COMPANY AND ZUSSER COMPANY, INC. FOR THE RESOLUTION OF DISPUTES

REGARDING THE JOHN ANSON FORD PARK INFILTRATION CISTERN PROJECT The John Anson Ford Park Infiltration Cistern Project ("Project") was originally scheduled to be completed by June 2022. The Project is behind schedule and is currently projected to be completed by Fall 2023. This has led to various dispute claims being submitted on the Project, which require the services of Ernest Brown & Company (Project Neutral) for a resolution.

Recommendation:

It is staff's recommendation that the City Council by motion adopt the attached Resolution approving a Project Neutral Agreement ("Agreement").

Resolution No. 2023- 42 was adopted.

DISCUSSION (Item No. 11)

11. PROPOSED FISCAL YEAR 2023-2024 BUDGET
Staff is presenting, as a study session, to City Council the proposed annual budget for FY 2023-24 for the City Council's review and feedback.

Recommendation:

Staff Recommends that the City Council receive and file the proposed budget. Staff also recommends the City Council provide direction to staff on the proposed budget.

Manuel Carrillo, Director of Finance and Administrative Services Department, provided a presentation.

A motion was made by Mayor Alejandra Cortez, seconded by Councilmember Marco Barcena to receive and file this item.

Exhibit 1 30

The motion carried 5-0 with the following vote:

AYES: Barcena, Chavez, Pulido, De Leon Sanchez, Cortez
NOES: None
ABSENT: None
ABSTAIN: None

CITY COUNCIL/ SUCCESSOR AGENCY MEMBER COMMENTS
Members of the Council and Successor Agency made community announcements and comments.

ADJOURNMENT
Mayor Alejandra Cortez adjourned the meeting at 9:15 p.m.

Daisy Gomez, City Clerk
Agenda posted on June 8, 2023.

Exhibit 1 31

CITY OF BELL GARDENS

CITY COUNCIL

REGULAR MEETING - CLOSED SESSION
MONDAY, JUNE 12, 2023
5:00 PM

MINUTES
LOCATION: CITY COUNCIL CHAMBERS, 7100 GARFIELD AVENUE, BELL GARDENS, CA 90201 The meeting will be held at Bell Gardens City HaII in the Council Chambers. The public may attend the meeting in person or virtually as instructed below. You may view the meeting live on the City's website at https://www.bellgardens,org/i-want-to/watch-city-council-meetinqs .

ACCESSIBILITY: If requested, the agenda and backup materials will be made available in appropriate alternative formats to persons with a disability, as required by Section 202 of the Americans with Disabilities Act of 1990 (42 U.S.C. Sec. 12132), and the federal rules and regulations adopted in implementation thereof. Any person who requires a disability -related modification or accommodation, in order to observe and/or offer public comment may request such reasonable modification, accommodation, aid, or service by contacting the City Clerk's office by telephone at 562-806-7704 or via email to CityClerkDesk ' bellgardens.orq no later than 72 -hours before the scheduled meeting.

PUBLIC PARTICIPATION: The members of the public may address the City Council / Agency Members on any item listed on the agenda or on matters which are not listed on the agenda but are within the subject matter jurisdiction of the City Council / Successor Agency. Public comments are limited to three (3) minutes per person for each designated public comment period(s). Public comments for non -agenda items will be limited to a total of 30 minutes. Public comments can be made by any of the following ways:

BY TELEPHONE: Phone Number: (669)900-9128 Webinar ID: 813 3236 4343# Passcode: 2021# To address the City Council press *9 to raise your hand then *6 to unmute yourself when instructed.

VIRTUALLY LIVE: Members of the public may participate via Zoom by https://zoom.us/` oin and entering the Zoom Meeting ID: 813 3236 4343 Passcode: 2021 Comments may also be made via the Zoom app by using the "Raise Hand" feature when it is your turn to speak the host will unmute you. Comments will not be accepted in the QandA Chat function of the zoom app.

Exhibit 2 32

WRITTEN COMMENTS: Public comments may be emailed to PublicComments(bellgardenseorq or mailed to: City Clerk's Office, 7100 Garfield Ave., Bell Gardens, CA 90201. To ensure distribution to the members of the City Council / Agency Members prior to consideration of the agenda, please submit comments no later than one (1) hour prior to the meeting. Those comments, as well as any comments received after, will be distributed to the members of the City Council / Successor Agency and will be part of the official public record of this meeting.

For more information, you may contact the City Clerk's office during regular business hours 7:30 a.m. to 6:00 p.m., Monday through Thursday at (562) 806-7704.

CALL TO ORDER
The Council Members of the City of Bell Gardens City Council held a regular meeting on June 12, 2023, in the Council Chambers, 7100 Garfield Ave, Bell Gardens, CA with Mayor Alejandra Cortez presiding. Mayor Alejandra Cortez called the meeting to order at 5:14 p.m.

ROLL CALL OF CITY COUNCIL MEMBERS

Present: Marco Barcena, Council Member
Jorge) Chavez, Council Member
Maria Pulido, Council Member
Francis De Leon Sanchez, Mayor Pro Tem
Alejandra Cortez, Mayor

Absent: None

PUBLIC COMMENTS ON AGENDA ITEMS ONLY
There were no public comments made.

CLOSED SESSION (Item Nos. 1 - 2):

City Attorney Stephanie Vasquez announced that the Closed Session items are listed on the agenda.

The City Council recessed into closed session at 5:15 p.m. to discuss the items as listed on the agenda.

1. CONFERENCE WITH LABOR NEGOTIATORS PURSUANT TO GOVERNMENT CODE SECTION 54957.6
City Designated Representatives: Michael B. O'Kelly, City Manager Manuel Carrillo, Director of Finance
Employee Organizations: Public Works Supervisors Association (PWSA) Non -Represented

2. CLOSED SESSION PURSUANT TO GOVERNMENT CODE 54956.9(D)(2) - CONFERENCE WITH

LEGAL COUNSEL REGARDING POTENTIAL LITIGATION - ONE MATTER Exhibit 2 33

CLOSED SESSION REPORT
The City Council reconvened to open session at 6:09 p.m., City Attorney Stephanie Vasquez announced that there was no reportable action.

ADJOURNMENT
Mayor Alejandra Cortez adjourned the meeting at 6:09 p.m.

Daisy Gomez, City Clerk
Agenda Posted on June 8, 2023.

Exhibit 2 34

CITY OF BELL GARDENS

OFFICE OF THE CITY MANAGER

AGENDA REPORT
Item4.

TO: Honorable Mayor and City Council Members
FROM: Michael B. O'Kelly, City Manager
BY: Gustavo Romo, Director of Community Development
SUBJECT: APPROVAL OF FOURTH AMENDMENT TO THE PROFESSIONAL SERVICES AGREEMENT WITH TERRA REALTY, INC.

DATE: June 26, 2023
RECOMMENDATION:

It is staff's recommendation that the City Council:

1. Adopt the attached Resolution and approve a Fourth Amendment to the Master Agreement between the City and Terra Realty Advisors; and

2. Find the proposed action exempt from the provisions of the California Environmental Quality Act ("CEQA").

BACKGROUND/DISCUSSION:

On August 7, 2019, the City of Bell Gardens ("City") executed a Professional Services Agreement for Real Estate Advisory Services ("Master Agreement") with Terra Realty Advisors, Inc. ("Terra Realty") to provide consulting services for the creation of an electronic billboard overlay district and solicitation of a billboard sign company. Under the terms of the Master Agreement, Terra Realty was to provide general consulting services to assist staff in developing and implementing an electronic billboard overlay district. The original not -to -exceed amount for the Master Agreement was $7,500. The City Council has approved amendments to the Master Agreement to increase the budgeted amount to a not -to -exceed amount of $52,500 through the 2023-2024 Fiscal Year, specifically through August 7, 2023.

Terra Realty has coordinated the approvals of electronic billboards along Clara, Shull and Jaboneria Streets and the -710 Freeway from start to completion. The City Council's approval of a Second Amendment on October 25, 2021 added the second billboard scope of work and increased the total compensation by $20,000. The Second Amendment also extended the term of the Master Agreement to August 7, 2023. The Third Amendment authorized modification to the scope of services, continued Billboard Overlay implementation, and an increase in the compensation amount to provide additional services to prepare requests for proposals and continue in billboard lease negotiations and coordination with Caltrans.

An extension and amended scope of work are being requested as part of this Fourth Amendment to increase the compensation by $20,000 due to the work and coordination needed to address and replace nonconforming signs with electronic billboards, provide an inventory of nonconforming signs, prepare requests for proposals, design conceptual plans and elevations, and participate in further billboard lease negotiations. The extension being requested is for the Master Agreement, which originally was scheduled to terminate on August 7, 2023, and is being requested to be extended to June 30, 2024.

Organizational or administrative activities of governments that will not result in direct or indirect physical changes in 35 the environment are exempt from the California Environmental Quality Act ("CEQA") since the activity is not defined as a project pursuant to CEQA Guidelines Section 15060(c)(3).

CONCLUSION:

Terra Realty has provided valuable consulting services to the City, which has resulted in the establishment of the City's Electronic Billboard Overlay District; removals of older, unserviceable, and nonconforming signs; and approvals of a new electronic billboard with substantial annual revenue to the City with the potential and ability to make public service announcements. Based on their work to date, and the additional steps needed to continue helping the City coordinate billboard compliance and revenue generation, staff is requesting that the City Council approve the increase to the compensation by $20,000 and recommends a termination date of June 30, 2024.

Therefore, staff recommends adoption of the attached resolution and approval of a Fourth Amendment to the Terra Realty Master Agreement for the 2023-2024 Fiscal Year.

FISCAL IMPACT:

There are sufficient funds in the FY 2023-2024 Contractual Services account budget to cover the additional amount requested. Furthermore, the consultant's work will result in additional revenue for the City's general fund based on the creation of new lease agreements with developers and billboard companies.

ATTACHMENTS:

Exhibit 1 - Resolution No. 2023-44
Exhibit 2 - Fourth Amendment with Exhibits_
APPROVED ELECTRONICALLY BY:

A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF BELL

GARDENS, CALIFORNIA, APPROVING AND AUTHORIZING A FOURTH

AMENDMENT TO THE PROFESSIONAL SERVICES AGREEMENT
WITH TERRA REALTY ADVISORS, INC.

WHEREAS, the City of Bell Gardens ("City") previously entered into a Professional Services Agreement with Terra Realty Advisors, Inc. ("Terra Realty") under the authority of the City Manager pursuant to Bell Gardens Municipal Code Section 3.04.090 in an amount of seven thousand five hundred dollars ($7,500); WHEREAS, on December 9, 2019, the City Council authorized a First Amendment to the Master Agreement to allow for additional services and increased compensation; WHEREAS, on October 25, 2021, the City Council authorized a Second Amendment to the Master Agreement to allow for additional services and increased compensation; WHEREAS, on April 25, 2022, the City Council authorized a Third Amendment to the Master Agreement to allow for increased compensation; WHEREAS, Terra Realty was contracted to provide unique and specialized consulting services in the creation of an electronic billboard overlay district and the planning and electronic billboard overlay district regulations and development standards; WHEREAS, City staff anticipates that additional expertise and services will be required of Terra Realty in establishing and implementation of an electronic billboard overlay district, the cost of which exceeds the initial contract amount and Term; WHEREAS, to continue with its implementation, modification to the scope services, an increase in the compensation amount and an extended are required to allow Terra Realty to provide additional services such as prepare requests for proposals, design conceptual plans and elevations, and participate in billboard lease negotiations; and WHEREAS, the City now desires to amend the existing Master Agreement to extend the Term of the Agreement and increase the compensation.

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 City Council of the City of Bell Gardens hereby approves a Fourth Exhibit 1 37

Resolution No. 2023-44
Amendment to the Master Agreement by and between the City of Bell Gardens and Terra Realty Advisors, Inc.

SECTION 3. The City Council further authorizes and directs the City Manager to execute the Fourth Amendment on the City's behalf along with any other ancillary documents relating thereto, including any amendments, extensions, and other documents consistent with and necessary to the implementation of the intent of the City Council as set forth in this Resolution.

SECTION 4. The Master Agreement amendment action is exempt from the California Environmental Quality Act ("CEQA") under the following provisions of the CEQA Guidelines: Section 15060(c)(3) because the activity is not a project.

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 26th day of June 2023. [Signatures on the following page]
Exhibit 1
2A 3

Resolution No. 2023-44

THE CITY OF BELL GARDENS
Alejandra Cortez, Mayor
APPROVED AS TO FORM: ATTEST:

Stephanie Vasquez
City Attorney
Daisy Gomez
City Clerk
Exhibit 1
303

2023

FOURTH AMENDMENT TO PROFESSIONALSERVICES AGREEMENT
(Engagement: Real Estate Advisory Services for New Digital Billboard Sign) (Parties: City of Bell Gardens and Terra Realty Advisors, Inc.) THIS FOURTH AMENDMENT (hereinafter, "Fourth Amendment") to that certain agreement entitled "Professional Services Agreement" and dated August 7, 2019 (hereinafter, "Master Agreement"), is hereby made and entered into this 26th day of June, 2023, (hereinafter, "Effective Date") by and between the CITY OF BELL GARDENS, a municipal corporation (hereinafter, "City") and TERRA REALTY ADVISORS, INC., (hereinafter, "Consultant"). For purposes of this Fourth Amendment, the capitalized term "Parties" shall be a collective reference to both City and Consultant. The capitalized term "Party" may refer to either City or Consultant interchangeably, as appropriate.

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

WHEREAS, on August 7, 2019, the Parties executed and entered into the Master Agreement for Consultant to provide real estate advisory services to finalize and obtain a state permit to operate a new digital billboard sign;
WHEREAS, the Master Agreement was later amended by way of a first amendment (hereinafter, the "First Amendment") and was approved by the City Council of the City of Bell Gardens ("City Council") at its Regular Meeting of December 9, 2019, for purposes of modifying Consultant's Services and Compensation provisions of the Master Agreement;
WHEREAS, the Master Agreement was further amended by way of a second amendment (hereinafter, the "Second Amendment") and was approved by the City Council at its Regular Meeting of October 25, 2021, for purposes of modifying the project scope, extending the expiration date, and increasing the compensation; WHEREAS, the Master Agreement was further amended by way of a third Amendment (hereinafter, the "Third Amendment") at the Regular City Council meeting of April 25, 2022, to expand the Consultant's services and compensation; WHEREAS, for purposes of this Fourth Amendment, the Master Agreement as amended by way of the First Amendment, Second Amendment, and Third Amendment may be referred to collectively as the "Master Agreement". The Master Agreement is attached and incorporated hereto as Exhibit "A";
WHEREAS, the Parties now wish to increase the Not -to -Exceed Sum of FIFTY- TWO THOUSAND FIVE -HUNDRED DOLLARS ($52,500) by TWENTY THOUSAND DOLLARS ($20,000) for a new Not -to -Exceed Sum of SEVENTY-TWO THOUSAND FIVE -HUNDRED DOLLARS ($72,500) to complete the required services; Exhibit 2
1 40

WHEREAS, the Parties further wish to extend the Master Agreement's Term through June 30, 2024, to complete the required services; and WHEREAS, the additional services and compensation to be performed by Consultant are set forth and more particularly described in Consultant's June 21, 2023, "Fourth Amendment to Consulting Agreement for Terra Realty Advisors, Inc." (hereinafter, the "2023 Supplemental Scope of Services"), which is attached and incorporated hereto as Exhibit "B".

NOW, THEREFORE, in consideration of the mutual agreements contained herein, and other good and valuable consideration, the receipt and sufficiency of which is hereby acknowledged, and intending to be legally bound hereby, the Parties agree as follows:

SECTION 1. Section 4.1 (TERM) of the Master Agreement is hereby amended to extend the term of the Master Agreement through June 30, 2024.

SECTION 2. Section 5.1 (SCOPE OF SERVICES) of the Master Agreement is hereby modified to include the additional services as set forth in Consultant's June 21, 2023, 2023 Supplemental Scope of Services which is attached and incorporated as Exhibit "B".

SECTION 3. Section 6.1 (COMPENSATION) of the Master Agreement is hereby amended to increase the Not -to -Exceed Sum of FIFTY-TWO THOUSAND FIVE HUNDRED DOLLARS ($52,500) by TWENTY THOUSAND DOLLARS ($20,000) to a new Not -to -Exceed Sum of SEVENTY-TWO THOUSAND FIVE HUNDRED DOLLARS ($72,500) to complete all Work contemplated under the Master Agreement, First Amendment, Second Amendment, and Third Amendment.

SECTION 4. Except as otherwise set forth in this Fourth Amendment, the Master Agreement, First Amendment, Second Amendment, and Third Amendment shall remain binding, controlling, and in full force and effect. Section 18.9 of the Master Agreement notwithstanding, this Fourth Amendment, together with the Master Agreement, First Amendment, Second Amendment, and Third Amendment shall constitute the entire, complete, final, and exclusive expression of the Parties with respect to the matters addressed in both documents.

SECTION 5. The provisions of this Fourth Amendment shall be deemed a part of the Master Agreement, First Amendment, Second Amendment, and Third Amendment and except, as otherwise provided under this Fourth Amendment, the Master Agreement, First Amendment, Second Amendment, and Third Amendment and all provisions contained therein shall remain binding and enforceable. In the event of any conflict or inconsistency between the provisions of this Fourth Amendment and the provisions of the Master Agreement, First Amendment, Second Amendment, and Third Amendment, the provisions of this Fourth Amendment shall control, but only in so far as such provisions conflict with the Master Agreement, First Amendment, Second Amendment, Third Amendment and no further.
2 Exhibit 2 41

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

CITY: CONSULTANT:

CITY OF BELL GARDENS TERRA REALTY ADVISORS, INC.

By: By:

Michael B. O'Kelly, City Manager
Date:

APPROVED AS TO FORM:

By:

Stephanie Vasquez, City Attorney
Date:

Name:

Title: _
Date:
3 Exhibit 2 42

EXHIBIT "A"

MASTER AGREEMENT
Exhibit 2 43

2022

THIRD AMENDMENT TO PROFESSIONALSERVICES AGREEMENT
(Engagement: Real Estate Advisory Services for New Digital Billboard Sign) (Parties: City of Bell Gardens and Terra Realty Advisors, Inc.) THIS THIRD AMENDMENT (hereinafter, "Third Amendment") to that certain agreement entitled "Professional Services Agreement' and dated August 7, 2019 (hereinafter, "Master Agreement"), is hereby made and entered into this 25th day of April, 2022 (hereinafter, "Effective Date") by and between CITY OF BELL GARDENS, a municipal corporation (hereinafter, "City") and TERRA REALTY ADVISORS, INC., (hereinafter, "Consultant"). For purposes of this Third Amendment, the capitalized term "Parties" shall be a collective reference to both City and Consultant. The capitalized term "Party" may refer to either City or Consultant interchangeably, as appropriate.

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

WHEREAS, on August 7, 2019, the Parties executed and entered into the Master Agreement for Consultant to provide real estate advisory services to finalize and obtain a state permit to operate a new digital billboard sign; and WHEREAS, the Master Agreement was later amended by way of a first amendment (hereinafter, the "First Amendment") and was approved by the City Council of the City of BeII Gardens ("City Council") at its Regular Meeting of December 9, 2019 for purposes of modifying Consultant's Services and Compensation provisions of the Master Agreement; and
WHEREAS, the Master Agreement was further amended by way of a second amendment (hereinafter, the "Second Amendment") and was approved by the City Council at its Regular Meeting of October 25, 2021 for purposes of modifying the project scope, extending the expiration date, and increasing the compensation; and WHEREAS, for purposes of this Third Amendment, the Master Agreement as amended by way of the Second Amendment may be referred to collectively as the "Agreement". The Agreement is attached and incorporated hereto as Exhibit "A"; and WHEREAS, the Parties now wish to increase the Not -to -Exceed Sum of THIRTY- SEVEN THOUSAND FIVE -HUNDRED DOLLARS ($37,500) by FIFTEEN -THOUSAND DOLLARS ($15,000) to a new Not -to -Exceed Sum of FIFTY-TWO THOUSAND FIVE - HUNDRED DOLLARS ($52,500) to complete the required services.

Exhibit 2 44

NOW, THEREFORE, in consideration of the mutual agreements ntained herein, and other good and valuable •nslideration, the receipt and sufficiency of which is hereby acknowledged, and intending to be legally Ibsund hereby, the Parties agree as follows:

SECTION 1. Section 6.1 (COMPENSATION) of the Agreement is hereby amended to increase the Not -to -Exceed Sum of THIRTY-SEVEN THOUSAND FIVE-HUNDRE DOLLARS ($37,500) by FIFTEEN -THOUSAND DOLLARS ($15„000) for a new Not -to - Exceed Su, of IFIIF-FX-TWO THOUSAND FIVE -(HUNDRED DOLLARS ($52,500) to complete all Work ,+ intemplated under the Master Agreement, First Amendment and Se. •nd Amendmer t.

SECTION 2. Except as othe ise set forth in this Third Amend ,tent, the Master Agreement, First Amendment, and Second Amendment shall remain inding, „itrolll'ing, and in full fore and effect. Section 18.9 of the Master Agreement notwithstanding, this Third Amendment„ together with the Master Agreement, First Amendment, and Second Amend ent shall constitute the entire, complete, final, and exclusive expression of the Parties with respect to the matters addressed in both documents.

SECTION 3. The provisions of this Third Amendment shall be deemed a part of the Master Agreement, First Amendment, and Second Amendment and except, as otherwise provided under this Third Amendment, the Master Agreement, First Amendment, and Se nd Amendment and all provisions contained therein shall remain binding and enforceable. In the event of any conflict •r inconsistency between the provisions of this Third Amendment and the provisions of the Master Agreement, First Amendment, and Send Amendment the provisions of this Third Amendment shall ntrol, but only in so far as such p r visions conflict with the Master Agreement, First Amendment, and Se nd Amendment and no further.

IN WITNESS WHEREOF, the Parties hereto have caused this Third Amendment to be executed on the day and year first appearing above.
[SIGNATURES ON NEXT PAGE]
Exhibit 2 45

ay 25, 2022
on behalf of
Exhibit 2 46

2021

SECOND AMENDMENT TO PROFESSIONALSERVICES AGREEMENT
(Engagement: Real Estate Advisory Services for New Digital Billboard Sign (Parties: City of Bell Gardens and Terra Realty Advisors, Inc.) THIS SECOND AMENDMENT (hereinafter, "Second Amendment") to that certain agreement entitled "Professional Services Agreement" and dated August 7, 2019 (hereinafter, "Master Agreement"), is hereby made and entered into this day of OCAIVQ '" , 2021 (hereinafter, "Effective Date") by and between CITY OF BELL GARDENS, a municipal corporation (hereinafter, "City") and TERRA REALTY ADVISORS, INC., (hereinafter, "Consultant"). For purposes of this Second Amendment, the capitalized term "Parties" shall be a collective reference to both City and Consultant.

The capitalized term "Party" may refer to either City or Consultant interchangeably, as appropriate.

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

WHEREAS, on August 7, 2019, the Parties executed and entered into the Master Agreement for Consultant to provide real estate advisory services to finalize and obtain a state permit to operate a new digital billboard sign; and WHEREAS, the Master Agreement was later amended by way of a first amendment (hereinafter, the "First Amendment") and was approved by the City Council of the City of BeII Gardens ("City Council") at its Regular Meeting of December 9, 2019 for purposes of modifying Consultant's Services and Compensation provisions of the Master Agreement; and
WHEREAS, for purposes of this Second Amendment, the Master Agreement as amended by way of the First Amendment may be referred to collectively as the "Agreement". The Agreement is attached and incorporated hereto as Exhibit "A"; and WHEREAS, the Master Agreement was set to expire on August 7, 2021; and WHEREAS, prior to the expiration of the Master Agreement, it was the Parties' intent to extend the life of the Master Agreement to August 7, 2023; and WHEREAS, the Parties are in agreement that the Term of the Agreement be extended nunc pro tune, notwithstanding its August 7, 2021 expiration, and that all Parties intend to be bound by the terms and conditions of the Master Agreement as extended by this Second Amendment, as if this Second Amendment had been executed upon the initial August 7, 2021 expiration date; and
Exhibit 2 47

WHEREAS, between the August 7, 2021 expiration date of the Master Agreement and the execution date of this Second Amendment, the Parties have performed in compliance with the terms of the Master Agreement and intended all rights, responsibilities and procedures set forth under the Master Agreement and First Amendment to have been in full force and effect during this interim period; and WHEREAS, the Parties further wish to modify the Agreement to extend the Term of the Agreement and expand the Consultant's Services to allow for additional consulting services; and
WHEREAS, the additional tasks and services to be performed by Consultant are set forth and more particularly described in Consultant's October 21, 2021 "Scope of Services" which is attached and incorporated hereto as Exhibit "B" (hereinafter, the "October 2021, Supplemental Consultant's Services"); and WHEREAS, the Parties now wish to increase the Not -to -Exceed Sum of SEVENTEEN THOUSAND FIVE HUNDRED DOLLARS ($17,500) by TWENTY THOUAND DOLLARS ($20,000) for a new Not -to -Exceed Sum of THIRTY-SEVEN THOUSAND FIVE HUNDRED DOLLARS ($37,500) to allow for additional services; and NOW, THEREFORE, in consideration of the mutual agreements contained herein, and other good and valuable consideration, the receipt and sufficiency of which is hereby acknowledged, and intending to be legally bound hereby, the Parties agree as follows:

SECTION 1. Section 4.1 (TERM) of the Master Agreement is hereby amended to extend the term of the Master Agreement through August 7, 2023. The Parties further agree that such extension shall be deemed to have become effective as of August 7, 2021 and that the performance of the Parties from August 7, 2021 to the execution date of this Second Amendment, and beyond to August 7, 2023, expiration date, shall be governed by the terms and conditions of the Master Agreement and First Amendment, as amended by way of this Second Amendment.

SECTION 2 Section 5.1 (SCOPE OF SERVICES) of the Agreement is hereby modified to include the additional tasks as set forth in Consultant's October 21, 2021 Supplemental Scope of Services which is attached and incorporated hereto as Exhibit «Bra
SECTION 3. Section 6.1 (COMPENSATION) of the Agreement is hereby amended increase Not -to -Exceed Sum of SEVENTEEN THOUSAND FIVE HUNDRED DOLLARS ($17,500) by TWENTY THOUSAND DOLLARS ($20,000) for a new Not -to - Exceed Sum of THIRTY-SEVEN THOUSAND FIVE HUNDRED DOLLARS ($37,500) to allow for additional services for all Work contemplated under the Master Agreement, First Amendment and Second Amendment.

Exhibit 2 48

SECTIO 4. Except as othe ise set forth in this Second Amendment, the aster Agreement and First Amendment shall remain binding, controlling, and in full force and effect. Section 18.9 of the aster Agreement no ithstanding, this Second Amendment, together with the aster Agreement and First Amendment, shall constitute the entire, complete, final, and exclusive expression of the Parties with respect to the matters addressed in both documents.

SECTIO 5. The provisions of this Second Amendment shall be deemed a part of the aster Agreement and First Amendment and except, as othe ise provided under this Second Amendment, the aster Agreement and First Amendment and all provisions contained therein shall remain binding and enforceable. In the event of any conflict or inconsistency be een the provisions of this Second Amendment and the provisions of the aster Agreement and First Amendment, the provisions of this Second Amendment shall control, but only in so far as such provisions conflict with the aster Agreement and First Amendment and no further.
[SIG ATU'''ES O EXT PAGE]
Exhibit 2 49

I IT F, the ies h reto b y us this
exe to on the y n year fi t a p rin bove.
a
on behalf of
ick livarez, o ey
December 16, 2021
ent to b
Exhibit 2 50

IT ESS E ELF, the Parties hereto have caused this Se nd Amendment to be executed on the day and year first appearing above.

ITY:

ITY -' L
O'Kelly, City lager
T F
Ya
ick Olivarez, City Attorney
Date:

LT T:
y:

Narrie:

Title:

Date r' a
Exhibit 2 51

EXHIBIT "B"
OCTOBER 2021 SUPPLEMENTAL SCOPE OF SERVICES
Exhibit 2 52

By Scott Sheldon
President

SCOPE OF SERVICES
The Client hereby engages Terra Realty Advisors, Inc. (TRA), and TRA agrees to provide the additional scope of services to the Client:

Provide advice, direction and coordination working with Outfront Media (OFM), the City of Bell Gardens and Caltrans Outdoor to assist the parties in finalizing and obtaining a state permit to operate a new digital billboard sign on City of Bell Gardens land adjacent to the Burke site on Shull Street. • Coordinate all activities to negotiate and complete a new Lease Agreement with OFM. Work with Community Development, the City Attorney and OFM attorney. Include a reimbursement provision from OFM for consultant costs in the Lease Agreement. • Coordinate all activities related to the street vacation for a portion of Shull Street to comply with Caltrans requirement for the issuance of a state permit. Work with Community Development, Public Works.
• Coordinate with Community Development to update the General Plan and Zoning designations, to meet Caltrans requirements to issue an off -site State permit. • Coordinate with Community Development to update the Sign Ordinance to include a provision giving flexibility to the Director to reduce the distance from a new digital sign to residential lands. • As directed work with the land planner for the adjacent, proposed development. • Prepare and attend public hearings to approve new legal documents including Planning Commission and City Council (total of three meeting).
• Assist CDD staff in preparing staff reports for all public hearings. • Coordinate and interface with Caltrans as required by Client and OFM to secure the state permit, including the relocation provisions to meet the ODA requirements for signs located in a designated Landscape Freeway.
• Coordinate with the City Public Works to record the street vacation and update the Assessors Parcel Map.
• Assist the Community Development Department in public outreach and other matters as directed.

October 21, 2021
Date
450 Chadbourne Road Suite G, Fairfield, CA 94534 • 707-639-1000/p • 707-312-5200/f • www.terraadvisors.net Exhibit 2 53

EXHIBIT A — Compensation of the Consultant
In its capacity under this Agreement, TRA shall receive fees, as set forth in the Rate Schedule as referenced herein, which rates may be adjusted annually on July 1.

RATE SCHEDULE
2021/2022
The following are the hourly rates for each position:

President
Executive Vice President
Senior Vice President
Vice President
Director of Due Diligence/Research
Administrative/Clerical
$265.00/hr
$200.00/hr
$185.00/hr
$136000/hr
$120.00/hr
$ 75.00/hr
Invoices will be issued monthly and will be due and payable upon receipt. All other costs, such as phone, fax, or travel outside the Bay Area or Sacramento, overnight delivery charges, blueprints, etc., and additional costs, shall be reimbursed at cost. All payments will be delinquent after 30 days, and shall bear interest at 1 1/2% per month.

The following is a budget estimate of additional fees likely to be incurred for our services based on the attached Scope of Services and is estimated to be Twenty Thousand Dollars ($20,000.00). An estimate is not a fixed fee and does not constitute a commitment to perform services for that amount, or an obligation for the Client to pay that amount. Client consent will be obtained before TRA charges for fees that exceed the stated budget.

Both parties herein agree to keep all information relating to this project and Agreement confidential. 450 Chadbourne Road Suite G, Fairfield, CA 94534 • 707-639-1000/p • 707-312-5200/f • www.terraadvisors.net Exhibit 2 54

2019

FIRST AMENDMENT TO PROFESSIONAL SERVICES AGREEMENT
(Engagement: Real Estate Advisory Services for New Digital Billboard Sign) (Parties: City of Bell Gardens and Terra Realty Advisors, Inc.) THIS FIRST AMENDMENT (hereinafter, "First Amendment") to that certain agreement entitled "Professional Services Agreement" and dated August 7, 2019 (hereinafter, "Master Agreement"), is hereby made and entered into this 2-8 fl- day of c_. (4,,,,, , 2019 (hereinafter, "Effective Date") by and between CITY OF BELL GARDENS, a municipal corporation (hereinafter, "City") and TERRA REALTY ADVISORS, INC. (hereinafter, "Consultant"). For purposes of this First Amendment, the capitalized term "Parties" shall be a collective reference to both City and Consultant. The capitalized term "Party" may refer to either City or Consultant interchangeably, as appropriate.

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

WHEREAS, on August 7, 2019, the Parties executed and entered into the Master Agreement for Consultant to provide real estate advisory services to finalize and obtain a state permit to operate a new digital billboard sign on City's land, adjacent to the Clara Street overpass; and
WHEREAS, the Master Agreement is attached and incorporated hereto as Exhibit "A"; and
WHEREAS, the Parties now wish to supplement the scope of the services and tasks to be provided by Consultant; and
WHEREAS, the additional tasks and services to be performed by Consultant are set forth and more particularly described in Consultant's December 3, 2019 proposal; and WHEREAS, under the terms of the Master Agreement, City agreed to pay Consultant a total -not -exceed amount of SEVEN THOUSAND FIVE HUNDRED DOLLARS ($7,500) for all work contemplated under the Master Agreement (hereinafter, "Not -to -Exceed Sum"); and
WHEREAS, the Parties now wish to amend the total not -to -exceed sum by TEN THOUSAND DOLLARS ($10,000 to cover the expanded scope of services contemplated under this First Amendment for a new total Not -to -Exceed Sum of SEVENTEEN THOUSAND FIVE HUNDRED DOLLARS (S17,500); and
WHEREAS, the execution of this This First Amendment was approved by the Bell Gardens City Council at its Regular Meeting of , 2019 under Agenda Item No.

NOW, THEREFORE, in consideration of the mutual agreements contained herein, Exhibit 2
Exhibit 2
515
294

and other good and valuable consideration, the receipt and sufficiency of which is hereby acknowledged, and intending to be legally bound hereby, the Parties agree as follows:

SECTION 1. Section 5.1 (SCOPE OF SERVICES) of the Master Agreement is hereby modified to include the additional tasks and set forth in the Supplemental Scope of Services which is attached to this First Amendment as Exhibit "B" (hereinafter, the "Supplemental Scope of Services").

SECTION 2. Section 6.1 (COMPENSATION) of the Master Agreement is hereby amended to increase the Not -to -Exceed Sum of SEVEN THOUSAND FIVE HUNDRED DOLLARS ($7,500) by TEN THOUSAND DOLLARS ($10,000) for a new total Not -to - Exceed sum of SEVENTEEN THOUSAND FIVE HUNDRED DOLLARS ($17,500) for all Work contemplated under the Master Agreement and the First Amendment.

SECTION 4. Except as otherwise set forth in this First Amendment, the Master Agreement shall remain binding, controlling, and in full force and effect. Section 18.9 of the Master Agreement notwithstanding, this First Amendment, together with the Master Agreement, shall constitute the entire, complete, final, and exclusive expression of the Parties with respect to the matters addressed in both documents.

SECTION 6. The provisions of this First Amendment shall be deemed a part of the Master Agreement and except, as otherwise provided under this First Amendment, the Master Agreement and all provisions contained therein shall remain binding and enforceable. In the event of any conflict or inconsistency between the provisions of this First Amendment and the provisions of the Master Agreement, the provisions of this First Amendment shall control, but only in so far as such provisions conflict with the Master Agreement and no further.
[SIGNATURES ON NEXT PAGE]
2 Exhibit 2 56

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

CITY:

CITY OF BELL GARDENS
B
Michael B O'Kelly
City Manager
Date:

APPROVED AS TO FORM:

By: Qn 'Itc if
Risk R. Olivarez
City Attorney
Date: 720 Zo
CONSULTANT:

TERRA REA TY AD;VISORS,INC.

By: `.

N
Title:

Date:

Exhibit 2
Exhibit 2
296

EXHIBIT "B"

SUPPLEMENTAL SCOPE OF SERVICES
5 Exhibit 2 58

UPDATED SCOPE OF SERVICES
The Client hereby engages Terra Realty Advisors, Inc. (TRA), and TRA agrees to provide the additional scope of services to the Client referenced in our prime agreement dated October 26, 2016 and subsequent amended on August 7, 2019, as follows:

realty advisors inc
EXHIBIT A - Compensation of the Consultant
In its capacity under this Agreement, TRA shall receive fees, as set forth in the Rate Schedule as referenced herein, which rates may be adjusted annually on July 1.

RATE SCHEDULE
2019/2020
The following are the hourly rates for each position:

President
Executive Vice President
Senior Vice President
Vice President
Director of Due Diligence/Research
Administrative/Clerical
$245.00/hr
$200.00/hr
$175.00/hr
$135.00/hr
$105.00/hr
$ 75.00/hr
Invoices will be issued monthly and will be due and payable upon receipt. All other costs, such as phone, fax, or travel outside the Bay Area or Sacramento, overnight delivery charges, blueprints, etc., and additional costs, shall be reimbursed at cost. All payments will be delinquent after 30 days, and shall bear interest at 1 1/2% per month.

The following is a budget estimate of additional fees likely to be incurred for our services based on the attached Scope of Services and is estimated to be Ten Thousand Dollars ($10,000.00). An estimate is not a fixed fee and does not constitute a commitment to perform services for that amount, or an obligation for the Client to pay that amount. Client consent will be obtained before TRA charges for fees that exceed the stated budget.

2019

PROFESSIONAL SERVICES AGREEMENT
(Engagement: Real Estate Advisory Services for New Digital Billboard Sign) (Parties: City of Bell Gardens and Terra Realty Advisors, Inc.)

1. IDENTIFICATION
THIS PROFESSIONAL SERVICES AGREEMENT ("Agreement") is entered into by and between the City of BeII Gardens, a California municipal corporation ("City") and Terra Realty Advisors, Inc. ("Consultant") (City and Consultant are referred to collectively as "Parties").

2. RECITALS

2.1 City has determined that it requires the following professional services from a consultant: real estate advisory services to finalize and obtain a state permit to operate a new digital billboard sign on City of Bell Gardens land adjacent to the Clara Street overpass as listed on Attachment "A" entitled "Scope of Work."

2.2 Consultant represents that it is fully qualified to perform the professional services described in Recital 2,1 of this Agreement by virtue of its experience and the training, education and expertise of its principals and employees. Consultant further represents that it is willing to accept responsibility for performing such services in accordance with the terms and conditions set forth in this Agreement.

2.3 This Agreement was approved and executed by the City Manager pursuant to the authority delegated to the City Manager under Section 3.04.105 of the Bell Gardens Municipal Code.

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

3. DEFINITIONS

3.1 "Scope of Services": Such professional services as are set forth in Consultant's "Scope of Services" attached hereto as Attachment A.

3.2 "Effective Date": Date of when Agreement is fully executed by all Parties.

4. TERM

4.1 This Agreement shall have a term of one (1) year commencing from the Effective Date. The Agreement shall extend automatically for one (1), one-year extension, unless CITY issues a written notice of its intent not to extend the Agreement beyond the initial one-year base term or unless the Agreement is otherwise terminated in Exhibit 2 61

the manner set forth under Sections 17,1 and 17.2, below.

5. SCOPE OF SERVICES

5.1 Subject to the terms and conditions set forth in this Agreement and all attachments attached and incorporated hereto Consultant shall perform the services identified in the Scope of Services attached hereto as Attachment A (hereinafter referred to as the "Scope of Services") which is attached and incorporated hereto by this reference.

City shall have the right to request, in writing changes in the Scope of Services. Any such changes mutually agreed upon by the parties, and any corresponding increase or decrease in compensation, shall be incorporated by written amendment to this Agreement.

5.2 Consultant shall obtain a City business license prior to commencing performance under this Agreement. Consultant shall perform all work to the highest professional standards of Consultant's profession and in a manner, reasonably satisfactory to City. Consultant shall comply with all applicable federal, state, and local laws and regulations (including the conflict of interest provisions of Government Code Section 1090 and the Political Reform Act (Government Code Section 81000 et seq.)).

During the term of this Agreement, Consultant shall not perform any work for another person or entity for whom Consultant was not working at the Commencement Date if both (i) such work would require Consultant to abstain from a decision under this Agreement pursuant to a conflict of interest statute; and (ii) City has not consented in writing to Consultant's performance of such work.

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

6. COMPENSATION

6.1 Consultant shall perform the various services and tasks set forth in the Scope of Services in accordance with the compensation schedule which is also set forth on the Scope of Services under the heading "Compensation Rate Schedule 201912020" (hereinafter, the "Approved Rate Schedule"). The text of the Scope of Services notwithstanding, the hourly rates of compensation set forth in the Approved Rate Schedule, shall not be adjusted sooner than July 1, 2020 and any subsequent adjustment may not be increased by a percentage greater than the lesser of the following: (i) 3% or (ii) the percentage change in the July Consumer Price index publish by the Bureau of Labor Statistics for all urban consumers for all items for the Los Angeles -Riverside - Orange County Area from January of the year immediately preceding the year in which the increase is to take effect to January of the year in which the increase is to take effect.

Exhibit 2 62

6.2 Section 6.1 above, notwithstanding, in no event shall Consultant's total compensation exceed the aggregate sum of SEVEN THOUSAND FIVE HUNDRED DOLLARS ($7,500) (hereinafter, the "Not -to -Exceed Sum") for any services and tasks performed by Consultant during the initial one-year term of this Agreement or during the one-year extension term, unless such excess costs and expenditures have first been approved by City in the form of a written amendment to this Agreement.

6.3 Following the conclusion of each calendar month, Consultant shall submit to City an itemized invoice indicating the services and tasks performed under this Agreement during the recently concluded calendar month, including services and tasks performed and reimbursable out-of-pocket expenses incurred. If the amount of Consultant's monthly compensation is a function of hours worked by Consultant's personnel, the invoice shall indicate the number of hours worked in the recently concluded calendar month, the persons responsible for performing the Work, the rate of compensation at which such services and tasks were performed, the subtotal for each task and service performed and a grand total for all services performed. Within thirty (30) calendar days of receipt of each invoice, City shall notify Consultant in writing of any disputed amounts included in the invoice. Within forty-five (45) calendar days of receipt of each invoice, City shall pay all undisputed amounts included on the invoice. City shall not withhold applicable taxes or other authorized deductions from payments made to consultant.

7. OWNERSHIP OF WRITTEN PRODUCTS

7.1 In the even Consultant ceases to perform the Work agreed under this Agreement or otherwise abandons the undertaking contemplated herein prior to the expiration of this Agreement or prior to the expiration of this Agreement or prior to completion of any or all tasks set forth in the Scope of Services, Consultant shall deliver to City immediately and without delay, all materials, records, drafts, diagrams, and other work product prepared or obtained by Consultant in the performance of this Agreement.

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

8. RELATIONSHIP OF PARTIES
Consultant is, and shall at all times remain as to City, a wholly independent contractor. Consultant shall have no power to incur any debt, obligation, or liability on behalf of City or otherwise to act on behalf of City as an agent. Neither City nor any of its officers, employees or agents shall have control over the conduct of Consultant or any of Consultant's employees, except as set forth in this Agreement. Consultant shall not represent that it is, or that any of its agents or employees are, in any manner employees of City. Consultant is not, nor shall become, by virtue of performance of the professional services provided under this Agreement, entitled to any City employee benefits, including but not limited to health insurance, dental insurance, vacation pay, retirement pension, unemployment insurance or workers' compensation insurance.

Exhibit 2 63

9. CONFIDENTIALITY
All data, documents, discussion, or other information developed or received by Consultant or provided for performance of this Agreement are deemed confidential and shall not be disclosed by Consultant without prior written consent by City. City shall grant such consent if disclosure is legally required. Upon request, all City data and any copies thereof shall be returned to City upon the termination or expiration of this Agreement.

10. INDEMNIFICATION

10.1 The parties agree that City and City's elected and appointed officials, its officers, agents, employees and volunteers (hereinafter, "the City Indemnitees") should to the fullest extent permitted by law, be fully protected from any loss, injury, damage, claim, lawsuit, cost, expense, attorneys' fees, litigation costs, or any other cost arising out of or in any way related to the performance of this Agreement. Accordingly, the provisions of this indemnity provision are intended by the Parties to be interpreted and construed to provide the City indemnitees with the fullest protection possible under the law. Consultant acknowledges that City would not enter into this Agreement in the absence of Consultant's commitment to indemnify, defend and protect City as set forth herein,

10.2 To the fullest extent permitted by law, Consultant shall indemnify, hold harmless and defend the City Indemnitees from and against all liability, loss, damage, expense, cost (including without limitation reasonable attorney's fees, expert fees, and all other costs and fees of litigation) of every nature arising out of or in connection with Consultant's performance of work hereunder or its failure to comply with any of its obligation contained in this Agreement, except such loss or damage which is caused by the sole negligence or willful misconduct of the City.

10.3 City shall have the right to offset against the amount of any compensation due to Consultant under this Agreement, any amount due to City from Consultant, as a result of Consultant's failure to pay City promptly any indemnification arising under this Article and related to Consultant's failure to either (i) pay taxes on amounts received pursuant to this Agreement or (ii) comply with applicable worker's compensation laws.

10.4 The obligations of Consultant under this Article will not be limited by the provisions of any worker's compensation act or similar act. Consultant expressly waives its statutory immunity under such statutes or laws as to City and City's elected and appointed officials, officers, employees, agents and volunteers.

10.5 Consultant agrees to obtain executed indemnity agreements with provisions identical to those set forth here in this Article from each and every subcontractor or any other person or entity involved by, for, with or on behalf of Consultant in the performance of this Agreement. In the event Consultant fails to obtain such indemnity obligations from others as required herein, Consultant agrees to be fully responsible and indemnify, hold harmless and defend City and City's elected and appointed officials, officers, employees, agents and volunteers from and against any and all claims and losses, costs or expenses Exhibit 2 64

for any damage due to death or injury to any person and injury to any property resulting from any alleged intentional, reckless, negligent, or otherwise wrongful acts, errors or omissions of Consultant's subcontractors or any other person or entity involved by, for, with or on behalf of Consultant in the performance of this Agreement. Such costs and expenses shall include reasonable attorney's fees incurred by counsel of City's choice.

10.6 City does not, and shall not, waive any right that it may possess against Consultant because of the acceptance by City, or the deposit with the City, of any insurance policy or certificate required pursuant to this Agreement. This hold harmless and indemnification provision shall apply regardless of whether or not any insurance policies are determined to be applicable to the claim, demand, damage, liability, loss, cost or expense.

10.7 This Article and all provisions contained herein (but not limited to the duty to indemnify, defend and hold free and harmless) shall survive the termination or normal expiration of this Agreement and is in addition to any other rights or remedies which the City may have at law or in equity.

11. INSURANCE

11.1 During the term of this Agreement, Consultant shall carry, maintain, and keep in full force and effect insurance against claims for death or injuries to persons or damages to property that may arise from or in connection with Consultant's performance of this Agreement. Such insurance shall be of the types and in the amounts as set forth below:

11.1.1 Comprehensive General Liability Insurance with coverage limits of not less than One Million Dollars ($1,000,000) including products and Completed operations hazard, contractual insurance, broad form property damage, independent Consultants, personal injury.

11.1.2 Automobile Liability Insurance for vehicles used in connection with the performance of this Agreement with minimum limits of One Million Dollars ($1,000,000) per claimant and One Million dollars ($1,000,000) per incident.

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

11.2 Consultant shall require each of its subcontractors, if any, to maintain insurance coverage that meets all of the requirements of this Agreement,

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

11.4 Consultant agrees that if it does not keep the aforesaid insurance in full force and effect City may either (i) immediately terminate this Agreement; or (ii) take out the necessary insurance and pay, at Consultant's expense, the premium thereon.

Exhibit 2 65

11.5 At all times during the term of this Agreement, Consultant shall maintain on file with City's Risk Manager a certificate or certificates of insurance showing that the aforesaid policies are in effect in the required amounts and naming the City as an additional insured. Consultant shall, prior to commencement of work under this Agreement, file with City's Risk Manager such certificate(s).

11.6 Consultant shall provide proof that policies of insurance required herein expiring during the term of this Agreement have been renewed or replaced with other policies providing at least the same coverage. Such proof will be furnished at least two (2) weeks prior to the expiration of the coverages.

11.7 The general liability and automobile policies of insurance required by this Agreement shall contain an endorsement naming City, its officers, employees, agents and volunteers as additional insureds. All of the policies required under this Agreement shall contain an endorsement providing that the policies cannot be canceled or reduced except on thirty (30) days' prior written notice to City. Consultant agrees to require its insurer to modify the certificates of insurance to delete any exculpatory wording stating that failure of the insurer to mail written notice of cancellation imposes no obligation, and to delete the word "endeavor" with regard to any notice provisions.

11.8 The insurance provided by Consultant shall be primary to any coverage available to City. Any insurance or self-insurance maintained by City, its officers, employees, agents or volunteers, shall be in excess of Consultant's insurance and shall not contribute with it.

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

11.10 Procurement of insurance by Consultant shall not be construed as a limitation of Consultant's liability or as full performance of Consultant's duties to indemnify, hold harmless and defend under Section 10 of this Agreement.

12. DOCUMENTS & DATA; LICENSING OF INTELLECTUAL PROPERTY

12.1 All Documents and Data shall remain the property of City without restriction or limitation upon their use or dissemination by CITY. For purposes of this Agreement, the term "Documents and Data" means and includes all reports, analyses, correspondence, plans, designs, notes, summaries, strategies, charts, schedules, spreadsheets, calculations, lists, data compilations, documents or other materials developed and/or assembled by or on behalf of CONSULTANT in the performance of this Agreement and fixed in any tangible medium of expression, including but not limited to Documents and Data stored digitally, magnetically and/or electronically. This Agreement creates, at no cost to CITY, a perpetual license for CITY to copy, use, reuse, disseminate and/or retain any and all copyrights, designs, and other intellectual property embodied in all Documents and Data. CONSULTANT will require all subcontractors and subconsultants working on behalf of CONSULTANT in the performance of this Agreement to agree in writing that CITY will be granted the same right to copy, use, reuse, disseminate and retain Documents and Data prepared or assembled by any 6 Exhibit 2 66

subcontractor or subconsultant as applies to Documents and Data prepared by CONSULTANT in the performance of this Agreement.

12.2 All data, documents, discussion, or other information developed or received by CONSULTANT or provided for performance of this Agreement are deemed confidential and will not be disclosed by CONSULTANT without prior written consent by CITY. CITY will grant such consent of disclosure as legally required. Upon request, all CITY data will be returned to CITY upon the termination or expiration of this Agreement.

CONSULTANT will not use CITY's name or insignia, photographs, or any publicity pertaining to the Work in any magazine, trade paper, newspaper, television or radio production or other similar medium without the prior written consent of CITY.

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

14. PERMITS AND APPROVALS
Consultant shall obtain, at its sole cost and expense, all permits and regulatory approvals necessary in the performance of this Agreement.

15. PERFORMANCE OF AGREEMENT

15.1 Consultant agrees to work close with City staff in the performance of the Work and this Agreement and shall be available to City staff and the City Representatives at all reasonable times. All work prepared by Consultant shall be subject to inspection and approval by City Representatives or their designees.

15.2 The Parties acknowledge and agree that Consultant shall perform, at Consultant's own cost and expense and without any reimbursement from City, any services necessary to correct any errors or omissions caused by Consultant's failure to comply with the standard of care set forth under this Section or by any like failure on the part of Consultant's employees, agents, contractors, subcontractors and subconsultants.

Such effort by Consultant to correct any errors or omissions shall be commenced immediately upon their discovery by either Party and shall be completed within seven (7) calendar days form the date of discovery or such other extended period of time authorized by the City Representatives in writing and in their sole and absolute discretion. The Parties acknowledge and agree that City's acceptance of any work performed by Consultant or on Consultant's behalf shalt not constitute a release of any deficiency or delay in the performance. The Parties further acknowledge, understand and agree that City has relied upon the foregoing representations of Consultant, including but not limited to the representation that Consultant possess the skills, training, knowledge and experience necessary to perform the Work skillfully, competently and to the highest standards of Consultant's profession.
7 Exhibit 2 67

15.3 If any of Consultant's officers, employees, agents, contractors, subcontractors or subconsultants is determined by the City Representatives to be uncooperative, incompetent, a threat to persons or property, or if any of Consultant's officers, employees, agents, contractors, subcontractors or subconsultants fail or refuse to perform the Work in a manner acceptable to the City, such officer, employee, agent, contractor, subcontractor or subconsultant shall be promptly removed by Consultant and shall not be re -assigned to perform any of the Work.

15.4 Any notices, bills, invoices, or reports required by this Agreement shall be deemed received on: (i) the day of delivery if delivered by hand, facsimile or overnight courier service during Consultant's and City's regular business hours; or (ii) on the third (3rd) business day following deposit in the United States mail if delivered by mail, postage prepaid, to the addresses listed below (or to such other addresses as the parties may, from time to time, designate in writing).

If to City:

City of Bell Gardens
7100 S. Garfield Ave.

Bell Gardens, California 90201
With a courtesy copy to:

Rick Olivarez, Interim City Attorney
Olivarez Madruga Lemieux O'Neill, LLP
500 S. Grand Ave. Floor 12
Los Angeles, CA 90071
Telephone: (213)7440099
Facsimile: (213)744-0093

16. SURVIVING COVENANTS
If to Consultant:

Terra Realty Advisors, Inc.
2300 Boynton Avenue, Suite 202
Fairfield, CA 94533
The termination of this Agreement pursuant to any provision of this Article or by normal expiration of its term or any extension thereto shall not operate to terminate any Article, Section or provision contained herein which provides that it shall survive the termination or normal expiration of this Agreement.

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.

17. TERMINATION

17.1. City shall have the right to terminate this Agreement for any reason on two (2) calendar days' written notice to Consultant. Consultant shall have the right to terminate this Agreement for any reason on sixty (60) calendar days' written notice to City. Consultant agrees to cease all work under this Agreement on or before the effective date of any notice of termination. AI! City data, documents, objects, materials or other a
Exhibit 2 68

tangible things shall be returned to City upon the termination or expiration of this Agreement.

17.2 If City terminates this Agreement due to no fault or failure of performance by Consultant, then Consultant shall be paid based on the work satisfactorily performed at the time of termination. In no event, shall Consultant be entitled to receive more than the amount that would be paid to Consultant for the full performance of the services required by this Agreement.
18, GENERAL PROVISIONS

18.1 Consultant shall not delegate, transfer, subcontract or assign its duties or rights hereunder, either in whole or in part, without City's prior written consent, and any attempt to do so shall be void and of no effect. City shall not be obligated or liable under this Agreement to any party other than Consultant.

18.2 In the performance of this Agreement, Consultant shall not discriminate against any employee, subcontractor, or applicant for employment because of race, color, creed, religion, sex, marital status, national origin, ancestry, age, physical or mental handicap, medical condition or sexual orientation. Consultant will take affirmative action to ensure that subcontractors and applicants are employed, and that employees are treated during employment, without regard to their race, color, creed, religion, sex, marital status, national origin, ancestry, age, physical or mental handicap, medical condition or sexual orientation.

18.3 The captions appearing at the commencement of the sections hereof, and in any paragraph thereof, are descriptive only and for convenience in reference to this Agreement. Should there be any conflict between such heading, and the section or paragraph thereof at the head of which it appears, the section or paragraph thereof, as the case may be, and not such heading, shall control and govern in the construction of this Agreement. Masculine or feminine pronouns shall be substituted for the neuter form and vice versa, and the plural shall be substituted for the singular form and vice versa, in any place or places herein in which the context requires such substitution(s).

18.4 The waiver by City or Consultant of any breach of any term, covenant or condition herein contained shall not be deemed to be a waiver of such term, covenant or condition or of any subsequent breach of the same or any other term, covenant or condition herein contained. No term, covenant or condition of this Agreement shall be deemed to have been waived by City or Consultant unless in writing.

18.5 Consultant shall not be liable for any failure to perform if Consultant presents acceptable evidence that such failure was due to causes beyond the control and without the fault or negligence of Consultant.

18.6 Each right, power and remedy provided for herein or now or hereafter existing at law, in equity, by statute, or otherwise shall be cumulative and shall be in addition to every other right, power, or remedy provided for herein or now or hereafter existing at law, in equity, by statute, or otherwise. The exercise, the commencement of the exercise, or the forbearance of the exercise by any party of any one or more of such rights, powers or remedies shall not preclude the simultaneous or later exercise by such 9 Exhibit 2 69

party of any of all of such other rights, powers or remedies. In the event legal action shall be necessary to enforce any term, covenant or condition herein contained, the party prevailing in such action, whether reduced to judgment or not, shall be entitled to its reasonable court costs, including accountants' fees, if any, and attorneys' fees expended in such action subject to the limitations contained in Section 1©. The venue for any litigation shall be Los Angeles County, California.

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

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

18.9 All documents referenced as exhibits in this Agreement are hereby incorporated in this Agreement. In the event of any material discrepancy between the express provisions of this Agreement and the provisions of any document incorporated herein by reference, the provisions of this Agreement shall prevail. This instrument contains the entire Agreement between City and Consultant with respect to the transactions contemplated herein. No other prior oral or written agreements are binding upon the parties. Amendments hereto or deviations herefrom shall be effective and binding only if made in writing and executed by City and Consultant. 10 Exhibit 2 70

TO EFFECTUATE THIS AGREEMENT, the parties have caused their duly authorized representatives to execute this Agreement on the dates set forth below. "City"
City of Bell Gardens
Date:

Approved as to fo
By
Rick Olivarez, Interim City Attorney
B
11 "Consulta w 'p
Terra R Ity Advi rs,
Michael B. O'Kelly,City Manager
Date: August 1, 2019
Exhibit 2 71

EXHIBIT "A"

SCOPE OF WORK
12 Exhibit 2
72 realty advisors ",t
EXHIBIT "A" -- UPDATED SCOPE OF SERVICES
The Client hereby engages Terra Realty Advisors, Inc. ("Consultant"), and Consultant agrees to provide as follows:
• Provide advice, direction and coordination working with Outfront Media, the City of Bell Gardens and Caltrans Outdoor to assist the parties in finalizing and obtaining a state permit to operate a new digital billboard sign on City of Bell Gardens land adjacent to the Clara Street overpass, the approved Lease Agreement dated November 20, 2018.
® Provide assistance and coordination to process a street vacation on a portion of the roadway "spur" of Clara Street, including assistance with planning and public works, title coordination, creation of a new legal description by Outfront Media.

O Attend one City Council public hearing for the street vacation. ® Work with planning and public works staff to assist in the street vacation. 450 Chadbourne Road Suite G, Fairfield, CA 94534 . 707-639-1000/p e 707-312-5200/f ® www.terraadvisors.net Exhibit 2 73

EXHIBIT "B"

FEE SCHEDULE
13 Exhibit 2
74 realty advisors inn
EXHIBIT "B" ® Compensation of the Consultant
In its capacity under this Agreement, TRA shall receive fees, as set forth in the Rate Schedule as referenced herein, which rates may be adjusted annually on July 1.

RATE SCHEDULE
2019/2020
The following are the hourly rates for each position:

President
Executive Vice President
Senior Vice President
Vice President
Director of Due Diligence/Research
Administrative/Clerical
$245.00/hr
$200.00/hr
$175.00/hr
$135.00/h r
$105.00/hr
$ 75.00/hr
Invoices will be issued monthly and will be due and payable upon receipt. All other costs, such as phone, fax, or travel outside the Bay Area or Sacramento, overnight delivery charges, blueprints, etc., and additional costs, shall be reimbursed at cost. All payments will be delinquent after 30 days, and shall bear interest at 1 1/2% per month.

The following is a budget estimate of fees likely to be incurred for our services based on the attached Scope of Services and is estimated to be Seven Thousand Five Hundred Dollars ($7,500.00). An estimate is not a fixed fee and does not constitute a commitment to perform services for that amount, or an obligation for the Client to pay that amount. Client consent will be obtained before TRA charges for fees that exceed the stated budget.

Both parties herein agree to keep all information relating to this project and Agreement confidential. 450 Chadbourne Road Suite G, Fairfield, CA 94534 ® 707-639-1000/p m 707-312-5200/f m www.terraadvisors.net Exhibit 2 75

EXHIBIT "B"
2023 SUPPLEMENTAL SCOPE OF SERVICES
Exhibit 2 76

realty advisors inc
21 June 2023
Gustavo Romo
Community Development Director
City of Bell Gardens
7100 Garfield Avenue
Bell Gardens, CA 90201
Re: Fourth Amendment to Consulting Agreement for Terra Realty Advisors, Inc.

Dear Gus:

We are pleased to submit Amendment 4 to our Agreement for additional real estate advisory services for the City of Bell Gardens. Terra Realty Advisory, Inc. (TRA) will continue to provide advice, direction, and coordination on various sign projects throughout City, including interaction as directed by staff on various potential signs, working with various sign companies to digitize certain street signs, and with Outfront Media on their digital advertising sign at Shull Street, as well as assisting the City in developing the best strategy for the existing Florence City sign.

Amendment 4 extends the date of the Agreement to June 30, 2024 and provides an estimated budget of an additional $20,000 for a total not to exceed amount of $72,500. We appreciate the opportunity to continue working with you and assisting you with your real property needs.

Sincere

ATTACHMENT
Amendment 4 - Scope of Services
tt She
esident
450 Chadbourne Road Suite G, Fairfield, CA 94534 • 707-639-1000/p • 707-312-5200/f • www.terraadvisors.net Exhibit 2 77

realty advisors inc
AMENDMENT 4 -SCOPE OF SERVICES
The Client hereby engages Terra Realty Advisors, Inc. (TRA), and TRA agrees to provide the additional scope of services to the Client:

Provide advice, direction and coordination working with Outfront Media (OFM) and the City of Bell Gardens to finalize the Shull Street digital advertising sign; and the City of Bell Gardens to identify, negotiate and implement a potential other signs as direct by staff; identify and negotiate potential new surface street digital sign conversion in Bell Gardens; work with the City of Bell Gardens on the best strategy for the existing sign at Florence Place.
• Coordinate all activities to negotiate and complete new Development and/or Lease Agreements.

Work with Community Development, the City Attorney and OFM attorney. To the extent possible, include a reimbursement provision for consultant costs in all final Agreements. • Coordinate with Community Development to update the General Plan and Zoning designations, to consider new digital surface street signs include a potential zone text amendment. • Coordinate with Community Development to update the Sign Ordinance to include a provision giving flexibility to the Director to reduce the distance from a new digital sign to residential lands, as required.
• Prepare and attend public hearings to approve new legal documents including Planning Commission and City Council (total of three meeting).
• Assist CDD staff in preparing staff reports for all public hearings. • Coordinate and interface with Caltrans as required by Client to create a new sign district that will classify a new shopping center pylon sign as "on -premise". • Coordinate with the City Public Works as required.
• Assist the Community Development Department in public outreach and other matters as directed.

The City has contracted with TRA including a Prime Agreements and Amendment Nos. 1-3, in the total current amount of $52,500.00.
450 Chadbourne Road Suite G, Fairfield, CA 94534 • 707-639-1000/p • 707-312-5200/f • www.terraadvisors.net Exhibit 2 78

realty advisors inc
EXHIBIT A — Compensation of the Consultant
In its capacity under this Agreement, TRA shall receive fees, as set forth in the Rate Schedule as referenced herein, which rates may be adjusted annually on July 1.

RATE SCHEDULE
2023/2024
The following are the hourly rates for each position:

President
Executive Vice President
Senior Vice President
Vice President
Director of Due Diligence/Research
Administrative/Clerical
$295.00/hr
$250.00/hr
$215.00/hr
$195.00/hr
$140.00/hr
$ 55.00/hr
Invoices will be issued monthly and will be due and payable upon receipt. All other costs, such as phone, fax, or travel outside the Bay Area or Sacramento, overnight delivery charges, blueprints, etc., and additional costs, shall be reimbursed at cost. All payments will be delinquent after 30 days, and shall bear interest at 1 1/2% per month.

The following is a budget estimate of additional fees likely to be incurred for our services based on the attached Scope of Services and is estimated to be Twenty Thousand Dollars ($20,000.00) for a total NTE amount of $72,500.00. An estimate is not a fixed fee and does not constitute a commitment to perform services for that amount, or an obligation for the Client to pay that amount. Client consent will be obtained before TRA charges for fees that exceed the stated budget.

Preparing to serve or serving as a consultant or witness in any litigation, arbitration or other legal proceedings are additional costs, and will be charged at 1.5 times the hourly rates as shown above. 450 Chadbourne Road Suite G, Fairfield, CA 94534 • 707-639-1000/p • 707-312-5200/f • www.terraadvisors.net Exhibit 2 79

CITY OF BELL GARDENS

OFFICE OF THE CITY MANAGER

AGENDA REPORT
Item 5.

TO: Honorable Mayor and City Council Members
FROM: Michael B. O'Kelly, City Manager
BY: Manuel Carrillo, Director of Finance & Administrative Services SUBJECT: WARRANT REGISTERS AND WIRE TRANSFERS
DATE: June 26, 2023
RECOMMENDATION:

It is staff's recommendation that the City Council receive and file the warrant registers, wire transfers, and net payrolls dated 05/18/23, 05/23/23, 05/30/23/23, 06/01/23 and 06/06/23.

BACKGROUND/DISCUSSION:

The attached warrant registers, wire transfers, and net payrolls are for 05/18/23, 05/23/23, 05/30/23, 06/01/23 and 06/06/23. The warrant registers, wire transfers, and net payrolls reflect the financial obligations of the City for the above referenced dates.

CONCLUSION:

If the recommendation to the City Council is approved, then the warrant registers, wire transfers, and net payrolls dated 05/18/23, 05/23/23,05/30/23, 06/01/23 and 06/06/23 will be received and filed.

FISCAL IMPACT:
ire transfer 05/18/23 1808 - 1812
arrant register 05/23/23 185942 186048
Total Bank
Net payroll transfer 05/18/23
Total Voucher
arrant register 05/30/23 186049 186145
Total Voucher
VGlre transfer 06/01/23 1813 - 1816
arrant register 06/06/23 186146 186197
Total ank
Net payroll transfer 06/01/23
ATTACHMENTS:

Total Voucher
$2521004.51
$349,167,58
$601,172.09
$,172,90135
$110741073 44
$1,1521963.32
$1,152,963.32 I
$259,873.40
$443,606.87
$703,480.27
$491:,_182.97_
,_197,553.24
Grand Total Vouchers 3,424,700.00
80 Exhibit 1- Warrant Register
APPROVED ELECTRONICALLY BY:

Michael B. O'Kelly, City Manager
Stephanie Vasquez, City Attorney and/or Susie Altamirano, Assistant City Attorney Manuel Carrillo, Director of Finance and Administrative Services

05/24/2023 10:41:07AM
Bank code : common
Vou che r
1808 -WIRE
1809 -WIRE
1810 -WIRE
1811 -WIRE
1812 -WIRE
185942
185943
185944
185945
185946
185947
185948
Date Ven do r
5/18/2023
5/18/2023
5/18/2023
5/18/2023
003359 BANK OF THE WEST
003358 BANK OF THE WEST
001725 CALPERS
006722 CITY EMPLOYEES ASSOC
5/18/2023 009439 MASS MUTUAL
5/23/2023 007599 4IMPRINT, INC
5/23/2023 000015 AY NURSERY
Vo ucher List

CITY OF BELL GARDENS
Inv oice
Ben590632
Ben590636
Ben590634
Ben590630
Ben590638
24944064/979439
173074
5/23/2023 008604 ACCOUNT 6746022400, U. S. BANK PARS Ben590620 PO #
Description/Account
FEDERAL INCOME TAX: PAYMENT
Total :

STATE INCOME TAX: PAYMENT
T otal :

Total :

T otal :

Total :

T otal :

T ot al :

Total :

P/R 05/18/23
BGPWA DUES: PAY MENT
MASS MUTUAL: PAYMENT

RCS PROMOTIONAL ITE MS

PW TREE POLES
PARS: PAYMENT
5/23/2023 000046 ACCURATE SECURITY, JOHN COSBY 21156 PW REC,CITY HALL PWS 21159 PW LOCKSMITH CITY HALL
21231 PW REPAIR DOOR ROSS AUDITOR
21232 PW CITYWIDE COMMON LOCKS
Total :
5/23/2023 010497 AIRESPRING INC.
173006133
5/23/2023 010275 ALADDIN LOCK & KEY, BENIT O ROBERTC 32969 5/23/2023 008623 ALAN'S LAWN & GARDEN CENTER 1158183
IT AIRESPRING SD WAN 5/16-6/15
T otal :

PW NYC NEW CYLINDER LOCK KE
T otal

PW MOWER REPAIR
Page: 1
Am ount
79,055.86
79,055 .86
24, 737 .64
24,737 .64
123,737 .07
123,737 .07
260.00
260 .00
24, 213 .94
24,213.9
902.77
902.77
228 .37
228.37
5,289.71
5,289.71
59 .50
710.08
167.50
395 .25
1,332 .33
1,289.34
1,289.34
798 .10
798 .10
192 .1 6
L
W

71645 PD TRAINING EQUIP TARGETS
Total :

Vo ucher List
05/24/2023 10:41:07AM CITY OF BELL GARDENS
Bank code : common
Voucher Date Vendor
Page: 2
Invoice PO # Description/A ccoun t Amount
185948 5/23/2023 008623 008623 ALAN'S LAWN & GARDEN CI (Continued) Total : 192 .16 185949 5/23/2023 006213 ALCO TARGET COMPANY 236 .79
236.79
185950 5/23/2023 000106 ALL CITY MANAGEMENT SERVICES 853 26 05365 PW CROSSING GUARD SERVICES 1,102 .44 85326 05139 PW CROSSING GUARD SERVICES 14,254 .15
T otal : 15,356.59
185951 5/23/2023 010749 ALVARADO, CINDY 2023420 RCS CO MMISSION APRIL 100.00 T otal : 100.00
185952 5/23/2023 010739 AMERICAN FLOOR M ATS 1600710 RCS AQUATICS SUPPLIES 251 .81 Total: 251.81
185953 5/23/2023 002946 AMERICAN PLANNING ASSOCIATIO N 179674220927 CD ME MBERSHIP FEE SEPT 23 188.46° Total : 188.40
185954 5/23/2023 000150 ANAYA'S SERVICE CENTER 37926 PW SRVC/REP VEH SMI 720.31 37988 PW SRVC/REP VEH P176 126.76
38096 PW SRVC/REPAIR VEH Fl 243 .52
38097 PW SRVC/REP VEH SMI 388 .91
38106 PW SRVC REP VEH P186 270 .63
38205 PW SRVC/REP VEH P176 323.30
38270 PD UNIT 264 REPL A/C BLOWER MI 286.35
38271 PD UNIT 273 OIL CHANGE FRONT E 374.35
38272 PD UNIT270 OIL CHANGE/BRAKE I 69 .89
38273 PD UNIT 209 REPL WINDOW MOTC 223 .95
38274 PD UNIT 274 OIL CHANGE 662 .59
38275 PD UNIT 252 OIL CHANGE BRAKE I 70 .93
38276 PD UNIT 249 OIL CHANGE BRAKE I 54 .95
38284 PD UNIT 254 OIL CHANGE /BRAKE 54 .95
T otal : 3,871.39
185955 5/23/2023 010641 ARAMARK 2570162346 RCS AQU ATICS SRVCS 78 .48 Total : 78.48
185956 5/23/2023 000284 ASSOC., BELL GARDENS POLICE Ben590626 NON -SWORN POA MEMBER -DUES; 2,705.0O .45

05/24/2023 10:41:07AM
Vo ucher List

CITY OF BELL GA RDENS
Page: 3
Bank co de : common
Vou cher
Date Vendor Invoice
185956 5/23/2023 000284 000284 ASSOC. , BELL GARDENS PC (Continued) 185957 5/23/2023 007189 BARCENA, MARCO SCAG CONF
185958 5/23/2023 006666 BEITH, TO RBEN
185959 5/23/2023 000299 BLAUVELT SIGNS, LARRY BLAUVELT
185960 5/23/2023 000302 BLUE DIAMOND M ATERIALS
185961 5/23/2023 010112 BOADO, OSCAR L.
185962 5/23/2023 007091 BOSS AIR MECHANICAL
185963 5/23/2023 009389 BRIGHTVIEW GOLF MAINTENANCE
20230511
6444
3132318
2023413
PO #
05149
Descriptio n/Account
Total :

SCAG REG CONF 5/4 -6TH MILEAGE
T otal :

PD ADMIN SUPP4/26-5/10
T otal :

PW NAME PLATES CITY HALL
Total :

PW CONCRETE DUMP FEES 8000 I
Total :

RCS EDUCATION C OMMISSION 4/1
Total :
9296 PW SRVC/REP PD BUNGALOW CFI
9297 PW SRVC/REPAIR CH CHAMBERS
9298 PW SRVC/REP GC CFNC
T otal :
8410945 05078 RCS GOLF COURSE MAINT JULY
Total :
185964 5/23/2023 000313 BRITE WHITE, ELISEO RODRIGUEZ 25559-042823 25561
185965 5/23/2023 006083 CEA BG CITY EM PLOYEES
185966 5/23/2023 001447 CHARTER COMMUNICATIONS
185967 5/23/2023 001447 CHARTER COMMUNICATIONS
185968 5/23/2023 001447 CHARTER COMMUNICATIONS
Ben590618
0689734051523
0672896051723
0646155051523
PW FLAT REPAIR UNIT P2202
PD UNIT 249,258,257 MOUNT/BAL 2
Total :

BGCEA: PAY MENT
IT FORDPK WIFI 5/15-6/14
IT PWS WIFI 5/17-6/16
ITYTH CNTR WIFI 5/15-6/14
Total :

T otal :

Amount
2,705 .00
125.76
125.76
1,746 .25
1,746.25
264 .00
264 .00
200 .00
200.00
100
100.06°
373 .00
984 .00
701 .00
2,058.00
13,000 .00
13,000 .00
35 .00
210 .00
245 .00
1,164 .00
1,164 .00
1,150 .00
1,150 .00
309 .98
309.98
309.942
L
X
W

05/24/2023 10:41:07AM
Bank code : common
Voucher
185968
185969
185970
185971
185972
185973
185974
185975
185976
Date Vendor
5/23/2023
5/23/2023
5/23/2023
5/23/2023
5/23/2023
5/23/2023
5/23/2023
5/23/2023
Vo uc her List

CITY OF BELL GARDENS
Invoice
PO #
001447 001447 CHARTER COM MUNICATIOI` (Continued)
001447 CHARTER COMM UNICATIO NS 0646114051423
001447 CHARTER COMMUNICATIONS
001447 CHARTER COMMUNICATIONS
001447 CHARTER COMMUNICATIONS
009266 CHARTER COMMUNICATIONS
007750 CORELOGIC SOLUTIONS,LLC
010286 CWE
5/23/2023 004588 DAILY JOURNAL CORPORATION
185977 5/23/2023 003392 DEPART OF MO TOR VEHICLES
185978 5/23/2023 002805 DEPARTMENT OF JUSTICE
185979 5/23/2023 003917 DIAL COMMUNICATIONS
185980 5/23/2023 010613 DURON, ISABEL C.
0646130051523
0010037042523
0685153051723
107007601050123
82174214
23167
B3654544
B3695939
050223
652402
52566
2023420
IT CITY HALL WIFI 5/17-6/16
PD FIBER LINES MAY 2023
CD TITLE REPORTS 4/23
Descriptio n/Account
Total :

IT SENIOR CNTR WIFI 5/14-6/13/23
Total :

IT VET PARK WIFI 5/15-6/14
Total :

PD CONTRACT SRVC 4/16-5/15
T otal :

T otal :

Total :

Page: 4
Amount
309 .98
309.98
309 .98
309.98
309.98
281 .18
281.18
199.98
199.98
680 .67
680.61°
384.00
384.00
05205 PW ADDITIONAL DESIGN MODIFICi 2,664 .00
Total :

ORDIN NO 930 ADOPTION

ORD SUMMARY SPECIALIZED REG
Total :

RCS REPL PLATES/COLORADO
Total :

PD FINGERPRINT APPS APRIL 202;
T otal :

PW SRVC CALL RADIO ANTENNA
T otal :
2,664.00
545 .00
540 .00
1,085.00
25 .00
25 .00
3,010 .00
3,010.00
287 .50
287.50
RCS COMMISSION APRIL 100 .00
Total :
100.0r
L
W

Vo ucher List
05/24/2023 10:41:07AM CITY OF BELL G ARDENS
Bank code : co mmon
Voucher
Date Vendor
185981 5/23/2023 008128 ECONOLITE SYSTEM S
185982 5/23/2023 006424 FERNANDO'S HARDWARE & LUMBER
185983 5/23/2023 010285 FLORES, MIG UEL A.
185984 5/23/2023 010316 FORENSIC NURSE RESPONSE TEAM
185985 5/23/2023 006521 FRANCHISE TAX BOARD
185986 5/23/2023 004594 FUN EXPRESS
185987 5/23/2023 009809 GLOBAL URBAN STRATEGIES INC.
185988 5/23/2023 002092 GOLDEN STATE WATER COMPANY
185989 5/23/2023 010745 GOM EZ, NALLELY SAMANTHA
185990 5/23/2023 010740 GONZALEZ, LINDA GRACE
185991 5/23/2023 000938 GRAINGER
185992 5/23/2023 009785 GREENTECH LANDSCAPE INC .

Invoice
PO #
Descriptio n/Acco unt
40302 05081 PW TRAFFIC SIGNAL MAINT APRIL
40360 05081 PW EXTRAORDINARIES
40416 05103 PW INSTALL OF BATTERY BACKUP
Total :
90625 PW FACILITIES SUPPLIES
90639 PW HARDWARE SUPPLIES
T otal :
2023413
040523
Ben590622
72431440101
342
80824200002-05012:
1009812002
827637
9685213093
55730
RCS EDUCATI ON COM M 4/13
Total :

PD CONTRACT SRVC ASSAULT EX,
T otal :

GARNISHMENT: PAYMENT

RCS STAR PRGM SUPPLIES
Total :

Total :
05402 CM GRANT WRITING SERVICES FC
Total :

PW 8321 JABONERIA RD
Total :

RCS SHELTER DEP REFUND 5/13
Total :

RCS SENIOR PROM CENTERPIECE
Total :

PW FACILITIES SUPPLIES
Total :

RCS ADDTL MOW AT VP APRIL 23
T otal :

Page: 5
Amount
4,923.68
7,237 .68
92, 896 .93
105,058.29
35 .27

26.42 61 .69
100 .00
100 .00
1,350 .00
1,350.00
540 .0;1 °
540.05
57 .05

57.05 2,985 .00
2,985.00
347 .83
347.83
125 .00
125.00
600.00
600.00
380 .20
380.20
500.00
500 .0
L
X
W

Vo ucher List
05/24/2023 10:41:07A M CITY OF BELL GARDENS
Page: 6
Bank co de : common
Vo ucher
Date Vendo r Inv oice PO # Description/Acco unt Amount
185993 5/23/2023 001025 HOME DEPOT 003093/9012615 PW FACILITIES SUPPLIES 93 .26 003393/9023699 PW ST CREW SUPPLIES 136 .75
003577/9343200 PW FACILITIES SUPPLIES 175 .51
004085/8023748 PW FACILITIES SUPPLIES VET PAF 238 .44
004271/8374597 PW HARDWARE TOOLS PD NORTI- 443 .63
009145/3013121 PW FACILITIES SUPPLIES 45 .55
020130/2282971 PW EARTHDAY EVENT 85.58
025172/7042441 PW FACILITIES SUPPLIES 170 .50
025310/7012077 PW FDPK PATHWAYS 45.51
T otal : 1,434 .73
185994 5/23/2023 001076 INDEPENDENT CITIES ASSOCIATION 1252 CITY MEMBERSHIP 7/1-6/30/24 1,975.05 Total : 1,975.05
185995 5/23/2023 005177 INFRASTRUCTURE ENGINEERS 28480 CD P1&DEVT ENG FEES 4/30/23 1,192.00.

T otal : 1,192 .00
185996 5/23/2023 009373 INTERNATIO NAL, THE CO UNSELING TEAL 86438 PD PSYCHOLOGICAL ASSESSMNT 150 .00 T otal : 150.00
185997 5/23/2023 009579 J THAYER COMPANY LLC 16462550 PW OFFICE SUPPLIES 137 .71 T otal : 137.71
185998 5/23/2023 008730 JHM SUPPLY 865143 PW IRRIG SUPPLIES CITY WIDE MI 979 .12 865153 PW LANDSCAPE SUPPLIES 898 .64
Total : 1,877 .76
185999 5/23/2023 001218 LACMTA, REGIONAL TAP SERVICE CTR. 6019437 PW TAP S/D MNTHLY FEB 2023 200.00 Total : 200.00
186000 5/23/2023 006145 LAN WAN ENTERPRISE, INC . 74066 PD BARRACUDA EMAIL SEC GATE\ 5,760.00 74067 PD CISCO SMARTNET SOLUTION F 2,946 .80
74068 PD REMOTE MANAGEMNT SYSTEk 4,440 .00
74069 PD EVERRUN SOFTWARE FOR SPI 2,450 .00
T otal : 15,596.80
186001 5/23/2023 008684 LGP EQUIPMENT RENTALS INC 126729 PW GENIE BOOM RENTAL 872 .62 Total : 872 .6
x
LE

Voucher List
05/24/2023 10:41:07A M CITY OF BELL GARDENS
Bank code : common
Voucher
Date Vendor
186002 5/23/2023 003249 LUBRANI, SAMANTHA L.
186003 5/23/2023 009783 MARTINEZ, MELISSA
186004 5/23/2023 001445 MED TECH RESOURCE INC.
186005 5/23/2023 003123 MENDOZAS LAWNMOWER'S, ROSALIND? 4861 4862
186006 5/23/2023 001474 MIDTOWN PLUMBING, INC. IN00057276 186007 5/23/2023 001491 MOBILE MINI INC. 9017607376
186008 5/23/2023 010747 MORALES, AMARENY KARINA 1010140002 186009 5/23/2023 010744 MURILLO, ROSENDA M. 1010226002
5/23/2023 010669 MVP SECURITY SYSTEMS, INC.

Invoice
186010
186011
5/23/2023 001552 NADA BUS INC.

CC23-004
MAY2023
141129
PO #
Description/Account
CCL CC MTGS 4/10,24TH 2023
T otal :

PD TRNG REIMBURSEMENTS
Total :

PD JAIL SUPPLIES SPIT HOODS
Total :

PW SRVC/REP EQUIP SUPPLIES

PW SRVC/REP EQUIP SUPPLY
Total :

PW PLU MBIN G REP VET PK RESTF
Total :

PD CONTRACT SRVCS MAY 23
T otal :

RCS SHELTER DEP REFUND 5 .13
T otal :

RCS SHELTER DEP REFUND 5/6
Total :
2216 05374 PD EMERGENCY COMMUNICATION
2289 05374 PD E MERGENCY COMMUNICATION
Total :
51265 05386 RCS SPRING CAMP EXCURSIONS
51266 05386 RCS SPRING CAMP EXCURSIONS
Total :
186012 5/23/2023 001576 NATIONWIDE ENVIRON MENTAL SRVCS 33219 186013 5/23/2023 010561 NWESTCO,LLC
INV455370
05125 PW STREET SWEEPING AND FUEL
Total :

PW CUSTODIAL MAY 2023
Total :

Page: 7
Am ount
1,100.00
1,100.00
333 .84
333.84
146 .50
146.50

93.70 19 .80
113 .50
273.55
273.5
113 .28
113.28
240 .00
240 .00
125 .00
125.00
14,247 .75
23, 746.25
37,994.00
1,170.00
1,025 .00
2,195.00
1,515 .25
1,515.25
120 .00
120.0t
L
X
W

V ou cher List
05/24/2023 10:41:07AM CITY OF BELL GARDENS
Bank code : common
Voucher
Date Vendor
186014 5/23/2023 010732 OUT -FIT, A CALIFORNIA CORP.
186015 5/23/2023 007668 PACIFIC TELEMANAGEMENT SRVCS
186016 5/23/2023 008044 PAL PROGRAM
Invo ice
78962
2105361
Ben590624
186017 5/23/2023 007292 PARKING CO. OF AMERICA, PCAM,LLC INVM0017651 INVM0017652
186018 5/23/2023 010687 PEREZ, STEPHANIE
186019 5/23/2023 009834 PRINT AGENT
186020 5/23/2023 010748 QUESTAR SOLUTIONS, LLC
186021 5/23/2023 004661 QUILL CORPORATION
186022 5/23/2023 010743 RAM IREZ, KAREN
186023 5/23/2023 000186 READYREFRESH BY NESTLE
PO #
Descriptio n/A cco unt
05378 PD PELOTON STATIONARY BIKE F(
Total :

PD PUBLIC PAY TELEPH MAY2023
Total :

PAL PROGRAM: PAYMENT
Total :
05089 PW DIALA RIDE SERVICE APRIL 22

PW SENIOR BUS DRIVER APRIL
05089
INVM0017653 05089
2023412
3783
5284248
5285578
32075291
32075301
32075335
M AY2023
03C0033108044
03C0033108135
03D0033108044
03D0033108135
13C0022262984

PW TROLLEY SERVICE
Total :

RCS SENIOR CITIZEN COMM 4/12
T otal :

RCS CALFRESH PRINT SRVC
Total :

PW 55 GALLONS BLUE DRU MS
PW 55 GALL ONS BLUE DRUMS
Total :

PD OFFICE SUPPLIES

PD OFFICE SUPPLIES JAIL SUPPLI

PD OFFICE SUPPLIES JAIL
T otal :

PD TRNG REIMBURSEMENTS
T otal :

PD WATER SRVC 2/1-3/10/23
PD WATER SRVC 2/11-3/10/23
PD W ATER SRVC 3/11-4/10/23
PD WATER SRVC 3/11-4/10/23
PD WATER SRVC 2/21-3/20/23
Page: 8
Amount
3,372.53
3,372 .53
85 .87
85 .87
255.00
255.00
19,276 .65
3,401 .06
44,153 .55
66,831.26
100.0F
100 .00
994.50
994.50
17 .48
574 .88
592.36
215.94
219.58
267 .87
703.39
254.52
254.52

72.91 52 .91

72.91 72 .91

18.0 L
W

Vo ucher List
05/24/2023 10:41:07AM CITY OF BELL GARDENS
Bank code : common
Voucher
Date
Vendor
186023 5/23/2023 000186 READYREFRESH BY NESTLE
186024 5/23/2023 000186 READYREFRESH BY NESTLE
186025 5/23/2023 000186 READYREFRESH BY NESTLE
186026 5/23/2023 003631 RELX, INC.
186027 5/23/2023 010685 RIVERA, DIANA
186028 5/23/2023 008637 ROBERTSO N'S READY MIX LTD
186029 5/23/2023 007078 RODRIGUEZ, ESTRELLA
186030 5/23/2023 010746 ROMERO , ALM A RODRIGUEZ
186031 5/23/2023 009574 RO MERO, OSAELALEXI
186032 5/23/2023 005465 RPW SERVICES INC.
186033 5/23/2023 010475 SANCHEZ FLORES, ANA M.

Invoice
(Continued)
13D0022262984
03D6702768201
13E0032672016
13E0032672024
13E0032672032
13E0032672057
13E0032672065
03d6702768202
140988520230430
2023420
256000
193032
1009525002
00014548809
34333
2023412
PO #
Descriptio n/Acco unt
PD WATER SRVC 3/21-4/20/23
Total :

PW WATER FILTERING SRVC APRII

RCS FP OFFICE SUPPLIES

RCS GC SUPPLIES

RCS NYC SUPPLIES

RCS SENIOR PRGM SUPPLIES

RCS VET PARK SUPPLIES
Total :

PW WATER FILTERING SRVC APRII
T otal :

PD ADV SEARCHES SOFTWARE AF
Total :

RCS SENIOR CITIZEN COMM 4/12
T otal :

PW CONCRETE 6635 FLOR PL
Total :

RCS STAFF TRNG SUPPLIE S
T otal :

RCS SHELTER DEP REUFND 22
Total :

RCS AQUATICS TRNG REIM
Total :

PW INSPEC/TREAT GOPHERS FDP
Total :

RCS SENIOR CITIZEN COMM 4/12
Total :

Page: 9
Amo unt
118.99
408 .70
47 .09
50 .70

55.11 55.11
89 .28
55 .11
352 .40
47 .09

47.09 50.56"O 50.50
100 .00
100.00
1,848 .79
1,848.79

78.95 78.95
125.00
125 .00
602 .00
602.00
462 .00
462.00
100 .00
100.06-

05/24/2023 10: 41: 07AM
Bank co de : common
Vo ucher Date Vendor
186034 5/23/2023 010320 SCHELL, CHRISTOPHER J.
186035 5/23/2023 002063 SM ART & FINAL
186036 5/23/2023 000913 SMITH PAINT
Voucher List

CITY OF BELL GARDENS
Page: 10
Invo ice PO # Description/Account Amount
397-050323
070900
328655
551400
897160
898276
898993
898994
899019
900045
900252
186037 5/23/2023 002087 SO UTHERN CALIFORNIA EDISON 600001511489-0503; 700332863224-0424:
700704214586-0503:
186038 5/23/2023 002105 SPARKLETTS 9232598051323
186039 5/23/2023 000594 STATE DISBURSEMENT UNIT Ben590628 186040 5/23/2023 010710 SUNSET STDIO CLEANERS CORP . 2030 186041 5/23/2023 002169 SUPER A FOODS 0506-051023
0507-051023
0766-051023
9837-050923
186042 5/23/2023 010444 TAMAYO, JASON
RCS MEMORIAL DAY TRUMPET 5/2 200.00
T otal : 200.00
RCS SWING INTO SPRING DATE 4/:

RCS SENIOR CTR MAY EVENTS

RCS SENIOR CTR CINCO DE MAYC
T otal :

PW GRAFFITI PAINT AND SUPPLIE

PW GRAFFITI PAINT /SUPPLIES

PW GRAFFITI PAINT/SUPPLIES
PW GRAFFITI PAINT AND SUPPLIE:

PW GRAFFITI PAINT/SUPPLIES

RCS FORMER SENIOR CTR PAINT

RCS FORMER SENIOR CTR PAINT
T otal :

PW VARIOUS LOCATIONS
PW 7100 GARFIELD AVE . TPP2
PW 6626 MARLOW AVE .

CD WATER SRVC 5/23
GARNISH MENT: PAYMENT
Total :

T otal :

T otal :
451.72
160 .52
117 .69
729.93
35 .97
439 .69
573 .55
21 .63

7.39 303 .49
261 .1
1,642.91
5,776 .33
156 .30

36.80 5,969.43
121.41
121 .41
326 .76
326.76
RCS SENIOR CTR LINEN SRVC 270 .00
Total : 270.00
RCS NYC SUPPLIES 18.08

RCS NYC SUPPLIES

RCS BGVP SUPPLIES
RCS STAFF MTG 5/9
JTFY23/23 TUITION REIM 22-23
T otal :
25 .84
39 .80

39.85 123 .57
2,000 .00

Voucher List
05/24/2023 10:41:07AM CITY OF BELL GARDENS
Page: 11
Ban k code : common
Voucher
186042
186043 5/23/2023 002262 TRIANGLE SPORTS, INC
186044 5/23/2023 005879 UNITED SITE SERVICES
Date Vendor
5/23/2023 010444 010444 TAMAYO, JA SO N
186045 5/23/2023 003821 US ARMOR CORPORATION
186046 5/23/2023 010297 VARGAS, CARMEN SANDOVAL
186047 5/23/2023 005583 WEST COAST ARBORISTS INC.
186048 5/23/2023 008873 WINZER CORPO RATION
112 Vou chers for bank code : common

TRANSFER
5/18/2023 BA NK OF THE WEST
112 Vouchers in this report
Invoice
(Continued)
41780
INV01685412
42004
2023420
PO #
Description/Account
Total :

RCS BASEBALL/SOFTBALL SCORE
T otal :

RCS PROTABLE RESTROO MS 5/12
Total :

PD SAFETY VEST KRAMER

RCS COMMISSION APRIL
Total :

Total :
199493 05091 PW TREE PRUNNING N/S PARKS
199494 05091 PW TREE PRUNNING N/S OF CITY
Total :
1041203
P/R

PW BUS SHERLTER MAINT SUPPLI
Total :

NET PAYROLL
Bank total :

Total vouchers :

Am ount
2,000.00
49 .28
49 .28
159 .10
159.10
874 .06
874.06
100 .00
100 .00
13,410.6Q..
2,410 .2t'
15,820.80
772 .27
772 .27
601,172 .09
472,901 .35
1,074,073.44

05/31/2023 2:09:58PM
Vo ucher List

CITY OF BELL GARDENS
Page: 1
Bank co de : common
Voucher
186049
186050
186051
186052
Date Ven dor
5/30/2023 007599 4IMPRINT, INC
5/30/2023 000015 A Y NURSERY
5/30/2023 004725 ADVENTURE CITY
5/30/2023 000076 AFLAC
Invo ice
24919871/979439
122098
671004000
815056
186053 5/30/2023 010275 ALADDIN LOCK & KEY, BENITO ROBERTC 32971 186054 5/30/2023 000106 ALL CITY MANAGEMENT SERVICES 83897 85674
186055 5/30/2023 004556 AMERICAN WELDING, RAMIRO PACHECC 700401 186056 5/30/2023 000301 ANTHEM BLUE CROSS
186057 5/30/2023 000301 ANTHEM BLUE CROSS
186058 5/30/2023 010641 A RAMAR K
186059 5/30/2023 009752 ARTE PRINTING, SAEED RADMEHR
186060 5/30/2023 008041 AVANT GARDE INC .
001484166G
000280498206
2570164387
29950
PO #
Description/Acco unt

RCS CFSC PROMOTIONAL ITEMS
Total :

PW TREE STAKES
T otal :

RCS CREATIVE KIDS TIME 5/19
T otal :

FA VOLUNTARY INS MAY 2023
T otal :

PW BGVP KEYS/LOCKS
Total :
05365 PW CROSSING GUARD SERVICES
05365 PW CROSSING GUARD SRVCS MA
Total :
05400 PW REP AIR AND INSTALL IRON FEI
Total :

FA HEALTH INS MAY 23
Total :

RET HEALTH INS MAY23 WRITE OF
T otal :

RCS AQUATICS SRVCS
Total :

PD BUSINESS CARDS LT BARRIOS
Total :
8517 04693 PW URBAN GREEN PROGRAM "TR
8518 04697 PW ATP CYCLE 5 COMPLETE STRE
8519 05223 PW FUNDING ADMIN BG KEEP PAR
Am ount
576.46
576 .46
228 .38
228.38
479 .00
479 .00
7,279.85
7,279.85
475.76
475 .7G
6,304.87
15, 361 .13
21,666 .00
3,200 .00
3,200 .00
207,006 .86
207,006 .86
14,630 .07
14,630.07
78 .48

78.48 251.37
251 .37
332.50
780 .00,-
770.68-E
L
W

05/31/2023 2:09:58PM
Voucher List

CITY OF BELL GARDENS
Page: 2
Bank code : co mmon
Voucher Date Vendor Invoice
186060 5/30/2023 008041 008041 AVANT GARDE INC. (Continued) 186061 5/30/2023 000299 BLAUVELT SIGNS, LARRY BLAUVELT 6451 186062 5/30/2023 010401 CIO ZUSSER COMPANY, INC., BANC OF C 1953- 32 1953 33
195332
1953-33
186063
186064
186065
186066
186067
186068
186069
186070
186071
5/30/2023 003938 CCAC
200002117
200002119
5/30/2023 005399 CHUNG & CHUNG ACCOUNTANCY CORP 15285
5/30/2023 005979 COUNTY OF LOS ANGELES
5/30/2023 000573 CPS HR CONSULTING
5/30/2023 004807 DAPEER,ROSENBLIT & LITVAK
5/30/2023 000659 DELTA DENTAL OF CALIFORNIA
AR0141696-050823
INV002257
21462
21463
BE005493323
5/30/2023 000658 DELTA DENTAL INSURANCE COMPANY BE005490864 5/30/2023 007652 DISCOUNT SCHOOL SUPPLY P41273440103
5/30/2023 001978 DISTRICTS OF LA COUNTY, COUNTY SAN 1593A0423 PO #
Descriptio n/Account
T otal :

PW NAM E PLATES FOR STAFF
Total :
04836 PW FDPK CISTERN PP 32 MEA W
04836 PW - FDPK CISTERN PP#33 GWMA
04836 PW - ESC FDPK CISTERN PP32 GVA
04836 PW -FDPK CISTERN PROJ PP#33 h
Total :

CCL CANDIDATE NOMINATION PRC

CCL CANIDATE NOMINATION PROC
T otal :
05375 FA PROF SRVCS J CHUNG 5/14-5/2
T otal :

RCS PUBLIC HEALTH PERMIT
Total :
911 PD DISPATCHER TEST EXAM
T otal :

CD LEGAL MUNI CODE 4/2023
PD LEGAL 4/2023
FA DENTAL INS MAY 2023
FA DENTAL INS MAR 2023

RCS STAR PRGM SUPPLIES
PW DUMP FEE APRIL 2023
Total :

Total :

Am ount
1,883.18
253.00
253 .00
18,605 .44
1,900 .00
1,779 .88
1,265.63
23, 550.95

75.00 75 .00
150 .00
1,968 .7&
1,968.75
274.00
274.00
523 .25
523.25
1,818.77
645 .00
2,463.77
17,494.08
17,494.08
1,131 .41
1,131.41
262 .10
262.10
938 .60-
L
W

Voucher List
05/31/2023 2:09:58PM CITY OF BELL GARDENS
Page: 3
Bank co de : common
Voucher
Date Vendor Invoice PO # Description/Accou nt Amount
186071 5/30/2023 001978 001978 DISTRICTS OF LA COUNTY, (Continued) T otal : 938.60 186072 5/30/2023 009567 DOG WASTE DEPO T 547838 PW DOG WASTE BAG CASES 932 .87 T otal : 932.87
186073 5/30/2023 000713 DOWNEY VENDORS 17237 CD CO FFEE SUPPLIES 178 .88 Total : 178.88
186074 5/30/2023 008493 DUNN EDWARDS CORPORATION 2009A10799 05238 PW GRAFFITI PAINTS AND SUPPLII 3,468.69 T otal : 3,468.69
186075 5/30/2023 000770 EMPLOYM ENT DEVELOPMENT DEPT L0984242064 RUBEN SORIANO 3,813 .00 Total : 3,813.00
186076 5/30/2023 000849 FLORES, MIRIAM C. 052223 CCL AGENDA TRANSL SRVCS CC h 250.0O Total : 250 .00
186077 5/30/2023 006112 GALLS LLC 024198067 PD UNIF OR M PD DISPATCHER 114 .09 024226408 PD UNIFOR M F OR EXPL ORER QUII 27.53
024226428 PD UNIFORM F OR EXPL ORER QUIZ 6 .59
024302863 PD SOT UNIFORM SUPP SALMON 5 .27
024302916 PD UNIFOR M FOR JAILER E .CHAVE 31.36
Total : 184 .84
186078 5/30/2023 008464 GLENDALE PARADE STORE LLC 519671B PD HONOR GUARD UNIFORM SUPI 283 .24 Total : 283 .24
186079 5/30/2023 002092 GOLDEN STATE WATER COMPANY 47710200008-05122: PW 6546 EASTERN AVE 65 .95 50552100005-05162: PW 5978 GALLANT ST IRRIG 188.38
57710200007-05122: PW 6547 EASTERN 65 .95
58731400006-05152: PW 7901 EASTERN MEDIAN IRRIG 151 .17 84655100000-05152: PW 5619 CLARA ST IRRIG 206 .66
T otal : 678.11
186080 5/30/2023 010686 GOMEZ, GABRIELA 051723 CD REG MTG 5/17/23 100.00 T ot al : 100 .00
186081 5/30/2023 008072 HF & H CONSULTANTS, LLC 9720195 05085 PW RESIDENTIAL WASTE CONSUL 6,007.25, L
W

05/31/2023 2:09:58PM
Vo ucher List

CITY OF BELL GARDENS
Page: 4
Bank code : commo n
Vou cher
186081
186082
Date
5/30/2023
5/30/2023
Vendor
Invo ice
008072 008072 HF & H CONSULTANTS, LLC (Continue d)
001025 HOME DEPOT 012630/0024129
015515/7034918
018096/4621028
4081331
5532354
6285344
830148
186083 5/30/2023 009818 IBE DIGITAL
186084 5/30/2023 010716 IMPACT SCIENCES, INC.
186085 5/30/2023 005177 INFRASTRUCTURE ENGINEERS
186086
186087
186088
186089
186090
186091
45281
PO #
Description/Account
Total :

PW INSECTICIDES/HERBICIDES PI

PW PLUMBING REPAIR VET PK/FDI

PW UTILITIES SUPPLIE S

RCS BGVP SUPPLIES

RCS MEMORIAL DAY SUPPLIES
RCS STAR MAY MTG 5/19

RCS AQUATICS CUBE ORGANIZER
Total :

RCS BGVP 2ND COPIER LEASE 2/1
Total :
21951 05351 CD GENERAL PLAN PROF SERVICE
21969 05351 CD GEN PLAN PROF SRVCS
Total :
28481 05086 PW CITY ENGINEER SERVICES AP
28495 05299 PW ATP CYCLE 5 CITYWIDE CO MP
T otal :
5/30/2023 009579 J THAYER COMPANY LLC 16476390 PW OFFICE SUPPLIES 5/30/2023 008730 JHM SUPPLY 868363 PW FDPK IRRIG
5/30/2023 010751 JIMENEZ, CECILIA D. 2023420 RCS C OMMISSI ON APRIL 5/30/2023 004019 KAISER FOUNDATION HEALTH PLAN MAY2023 FA HEALTH INS 2264860000 5/30/2023 010750 KNIGHT LEADERSHIP SOLUTIONS CITYOFBG2023 05404 RCS DEPARTMENT DISC ASSESSN T otal :
5/30/2023 001218 LACMTA, REGIONAL TAP SERVICE CTR . 6019241 T otal :

T otal :

Total :

PW TAP S/D MNTHLY MARCH 2023
Amo unt
6,007.25
50 .44
141 .87
482.06
387.09
348.34
140.10
250 .12
1,800 .02
501 .14
501 .14
4,772 .5O
7,852 .50
12,625 .00
30,546 .00
26,063 .10
56,609.10

22.73 22.73
417 .38
417 .38
100.00
100.00
112,369.63
112,369.63
7,000.00
7,000.00
280 .00' -
LE
W

Vo uche r List
05/31/2023 2:09:58PM CITY OF BELL GARDENS
Bank code : common
Vo ucher
186091
Page: 5
Date Vendo r Inv oice
5/30/2023 001218
001218 LACM TA, REGIONAL TAP SE (Continued)
186092 5/30/2023 001244 LAKESHORE LEARNING 701240051223 186093 5/30/2023 006145 LAN WAN ENTERPRISE, INC.
186094 5/30/2023 007252 LEAF
186095 5/30/2023 007252 LEAF
186096 5/30/2023 008684 LGP EQUIPMENT RENTALS INC
186097
186098
186099
186100
186101
186102
5/30/2023 010560 MACBANGER MUSIC PUBLISHING
5/30/2023 010752 MAURER, PAUL & SECO RA
5/30/2023 010554 MEDICO HEALTHCARE LINEN SRVCS.
74065
PO #
Description/Account

RCS STAR SUPPLIES
Total :

T otal :

PD VEEAM 24X7 SUPPORT RENWJ
74070 PD 2 FACTOR AUTHENTIFICATION;
74133 05108 PD MAINT CONTRACT 5/8 -11TH
74144 05108 PD MAINT CONTRACT 5/15 -18TH
Total :
14763313
14763312
126714
126831
126917
INV0051
REIM
20812356
5/30/2023 003123 M ENDOZAS LAWNMOWER'S, ROSALINDF 4863
5/30/2023 010753 MENTADO, CRYTAL
5/30/2023 001474 MIDTOWN PLUMBING, INC .
1009200.002
IN00057578
COPIER LEASE ALL DEPTS 6/2023
Total :

RCS COPIER LEASE 6/2023
T otal :

PW EDCO SIDEWALK CEMENT

PW CONCRETE PD PARKING LOT

PW PROPANE FOR FORKLIFT
T otal :

RCS STAFF TRAINING
Total :

REIM REQ FOR SEP 2023 006
Total :

PD JAIL UNIFOR MS/LINEN CLEANI
Total :

PW LAWN MOWER SRVC
Total :

RCS CREATIVE KIDS RETURN LUC
T otal :

PW PLUMBING REPAIR VET PK RE
Am ount
280 .00
958.05
958.05
2,160 .00
1,440 .00
4,800 .00
4,800.00
13,200.00
1,169.94
1,169 .94
285.0$,
285.08rn 466.66
593 .86
32 .02
1,092.54
675 .00
675 .00
1,000 .00
1,000.00

52.05 52.05

88.20 88.20

60.00 60.00
473 .55-
L
w

Vo ucher List
05/31/2023 2:09:58PM CITY OF BELL GARDENS
Page: 6
Bank code : common
Voucher
186102
Date Vendor
Invoice PO # Descriptio n/Accoun t Amount
5/30/2023 001474 001474 MIDTOWN PLUMBING, INC. (Continued) Total : 473 .55 186103 5/30/2023 001491 M OBILE MINI INC. 9017656925 PD CONTRACT SRVC 5/10-6/6/23 187 .20 T otal : 187 .20
186104 5/30/2023 002681 NATIONAL BUSINESS FURNITURE QL314105KFI 05391 RCS CFSC OFFICE FURNITURE 5,884.76 Total : 5,884.76
186105 5/30/2023 001562 NATIONAL CONSTRUCTION RENTALS 6977425 PD STINGER POLE 4/27-5/24 42 .45 Total : 42.45
186106 5/30/2023 010699 NEEDLEPOINT EMBROIDERY COMP. 3089 PD NEIGHB ORHOOD WATCH SHIR' 200.00 Total : 200.00
186107 5/30/2023 004672 OMEGA INDUSTRIAL SUPPLY INC. 150246 PW PARK SUPPLIES 266.05 Total : 266.05
186108 5/30/2023 007608 OREILLYAUTO PARTS 3849273545 PW VEH REPAIR 38 .00 3849274247 PW SM 179 PARTS 48 .63
3849274823 PW SUPPLIES FOR VEHICLES 136 .00
Total : 222.63
186109 5/30/2023 009641 ORGA NIZATION LLP, OLIVAREZ, MADRUE 22093 22094
22095
22096
22097
22098
22099
22100
22101
22102
22103
HR LEGAL GEN 4/2023
CD LEGAL GEN 4/2023
CCL LEGAL GEN 4/2023
CM LEGAL GEN 4/2023
CD LEGAL GEN 4/2023
FA LEGAL GEN 4/2023
CM LEGAL GEN 4/2023
PD LEGAL GEN 4/2023
PW LEGAL GEN 4/2023
RCS LEGAL GEN 4/2023
CC LEGAL GEN 4/2023
T otal :
1,672 .60
391 .40
6,587 .40
3,749 .20
13, 827 .60
670 .60
468.00
2,848.80
5,309 .40
4,902 .80
12,183.70
52,611.50
186110 5/30/2023 000453 PARK WATER, LIBERTY PARK UTILITIES 1800000 05088 PW OPER/MAINTAPRIL 2023 45,434 .56 Total : 45,434 .56
186111 5/30/2023 001697 PARKHOUSE TIRE, INC. 1010924161 PW TIRES DISPOSAL 237 .0Qo L
W

Vou cher List
05/31/2023 2:09:58PM CITY OF BELL GARDENS
Bank co de : common
Vo ucher
186111
186112
Date Vendor
Invoice
5/30/2023 001697 001697 PARKHOUSE TIRE, INC. (Continued) 5/30/2023 008666 PARS 53068
186113 5/30/2023 007759 PLS, ARTURO H ADORNO,
186114 5/30/2023 009834 PRINT AGENT
05122023A1
05122023A2
Description/Account
Total :

PARS TRUST ADMIN SRVC 3/31/23
T otal :

RCS SUMMER CONCERT 6/15
RCS SUMMER CONCERT 6/29
T ot al :
3857 RCS STAR PRGM FLYERS
186115 5/30/2023 009820 PROSEG UR SERVICES GROUP, INC. 669170 669588
670017
670358
671229
673527
186116
186117
186118
186119
186120
186121
186122
5/30/2023 005907 PUBLIC WORKS, LOS ANGELES COUNTY PW23050805873 5/30/2023 004661 QUILL CORPORATION 32335010
5/30/2023 009485 R&S OVERHEAD DOORS OF COMMERCE 519864650 5/30/2023 010488 RAPID READY M IX INC.
5/30/2023 000186 READYREFRESH BY NESTLE
5/30/2023 009244 RED WING SHOE STORE
5/30/2023 004643 RESOURCE BUILDING MATERIALS
050823
13E0032331100
20230510019898
3580485
05397
T otal :

RCS SPRT CTR SEC 3/6 -12TH
RCS SPRT CTR SEC 3/13 -19TH
RCS SPRT CTR SEC 3/20 -26TH
RCS SPRT CTR SEC 3/27-4/2
RCS SPRT CTR SEC 4/3 -9TH

RCS CREDIT FOR DISPUTED WKEI
T otal :

PW INDUSTRIAL WASTE PER MIT 3,
Total :

PD OFC SUPPLIES DEPT SUPPLIE
T otal :

PW REMOVED EXSISTING REFLEC
Total :

PW 3000 PSI PEA GRAVEL
T otal :

PW WATER FILTERING SRVC 4/11-t
Total :

RED WING VCHR PRGM PW/PWSA
Total :

RCS FIELD MAINT SUPPLIES
Page: 7
Amount
237.00
882.11
882.11
900 .00
900.00
1,800.00
248 .75
248.75
1,273.25
1,296 .40
1,296 .4(
1,296 .40
1,296 .40
-1,481 .60
4,977.25
4,228 .80
4,228.80
207 .06
207 .06
578 .00
578.00
1,795 .00
1,795.00

85.97 85.97
330.01
330.01
329 .1e,2
L
w

Vo ucher List
05/31/2023 2:09:58PM CITY OF BELL GARDENS
Page: 8
Ba nk co de : common
Voucher Date Vendor
186122 5/30/2023 004643 004643 RESOURCE BUILDING MATE (Continued) 186123 5/30/2023 006522 RIVERA, TONY 051723 CD REG MTG 5/17/23 186124 5/30/2023 010288 RJM DESIGN GROUP, INC.
186125
186126
186127
186128
186129
5/30/2023 009574 ROMERO, OSAELALEXI
5/30/2023 010278 ROSA, M IGUEL DE LA
5/30/2023 001935 S&S WORLDWIDE
Invo ice PO # Des cription/Account Am ount
Total :

T otal :
329.18
100 .00
100 .00
35669 04965 RCS FORD PARK AQUATICS CENTE 4,785 .45
35670 04965 RCS FORD PARK AQUATICS CENTE 3,335 .00
T otal : 8,120.45
0014548700
051723
IN101187746
5/30/2023 007642 SKYLINE SAFETY & SUPPLY, PATRICIA SC 7582 5/30/2023 002063 SMART & FINAL
334300-051023
598533
820199-051023
881499

RCS AQUATICS TRNG REIM
CD REG MTG 5/17/23

RCS NYC SUPPLIE S

PW CUSTODIAL SUPPLIE S
Total :

T otal :

Total :

RCS CFSC FOOD PANTRY ITEMS

RCS STAR SUPPLIES MAY MTG
RCS SENIOR CTR MOTHERS DAY f.

RCS FINANCIAL LITERACY WKSHC
Total :
688 .00
688.00
100 .00
100 .00
195 .20-
195 .20
937.59
937.59
532 .94
54 .53
183 .30
231.88
1,002 .65
186130 5/30/2023 002087 SOUTHERN CALIFORNIA EDISON 465275 PW METER & SRVC CHANGE FEE 2,245.02 Total : 2,245 .02
186131 5/30/2023 007487 SOUTHERN CALIFORNIA EDISON CO 7701181517 05388 RCS PR OPERTY LEASE 9 .5243 8,681 .16 7701181518 05388 RCS PROPERTY LEASE 9 .5243 2,330 .35
Total: 11,011 .51
186132 5/30/2023 002105 SPARKLETTS 21430322051323 CM WATER SRVCS 5/11 20.50 Total : 20.50
186133 5/30/2023 002854 STAPLES ADVANTAGE 3536717871 RCS OFFICE SUPPLIES -148.83- 3536717874 RCS SENIOR PRGM EXPENSES 238 .682
w

Voucher List
05/31/2023 2:09:58PM CITY OF BELL GARDENS
Page: 9
Bank co de : common
Voucher Date Vendor Inv oice PO # Descriptio n/Accoun t Am ount 186133 5/30/2023 002854 STAPLES ADVANTAGE (Continued)
3536717875 CM OFFICE SUPPLIES 291 .29
3536717876 RCS OFFICE SUPPLIES 361 .94
3536717877 RCS OFFICE SUPPLIES 15.20
3536717878 RCA AQUATICS EXPENSES 184.86
3536717880 RCS AQUATICS CREDIT -18 .84
3536717881 RCS OFFICE SUPPLIES 313 .65
3536717882 RCS OFFICE SUPPLIES 487 .93
3536717886 RCS OFFICE SUPPLIES 9 .46
3536717887 RCS OFFICE SUPPLIES 206 .56
3536717888 RCS OFFICE SUPPLIES 61 .29
3536717890 RCS OFFICE SUPPLIES 132 .30
3536717893 RCS CO MM FAMILY SRVC CTR EXF 523 .99
3536717894 RCS COM M FAMILY SRVC CTR EXF 22 .04_
3536717896 RCS COMM FAMILY SRVC CTR EXF 25.9e
3536717898 RCS COM M FAMILY SRVC CTR EXF 30.04
Total : 2,737 .55
186134 5/30/2023 008746 STOTZ EQUIPMENT W31905 PW PARK VEH REPAIR 991.43 Total : 991.43
186135 5/30/2023 002169 SUPER A FOODS 1308 RCS SENIOR CRT KARAOKE 5/12 107 .28 3198 RCS BGVP SUPPLIES 74 .37
3375 RCS STAFF MEETINGS 28 .00
7954 RCS NYC SUPPLIES 31 .13
7955 RCS NYC SUPPLIE S 39 .43
7956-051923 RCS NYC SUPPLIES 45 .70
Total : 325.91
186136 5/30/2023 000742 TYLER TECHNOLOGIES, INC. 025420385 FA S OFTWARE MAINT CASH COLL 7,397 .41 T otal : 7,397.41
186137 5/30/2023 008157 VERA'S CONCRETE PUMPING, LUIS VERI 1583 PW CONCRETE PUMP 480.00 Total : 480.00
186138 5/30/2023 006130 VERIZON WIRELESS 9934062183 PD WIRELESS PH SRVC 4/4-5/3 2,194.52 Total : 2,194.52E
186139 5/30/2023 006130 VERIZON WIRELESS 9935261034 CM DATA COMM 4/20-5/19 359.58° W

Voucher List
05/31/2023 2:09:58PM CITY OF BELL GARDENS
Page: 10
Bank co de : common
Voucher Date Vendor Invoice PO # Descriptio n/Accou nt Amount 186139 5/30/2023 006130 006130 VERIZON WIRELESS (Continued) Total : 359.58 186140 5/30/2023 006130 VERIZON WIRELESS 9932880750 RCS CELL SRVC 3/20/23 207 .30 T otal : 207.30
186141 5/30/2023 002380 VISION SERVICE PLAN 817874245 RET VISION INS MAY 23 1,996 .98 817874250 FA VISION INS MAY 23 5,354.21
817874250-050123 WRITE OFF -0.82
Total : 7,350 .37
186142 5/30/2023 002383 VORTEX INDUSTRIES INC. 031663120 PW REPAIRS TO H ORIZONTAL BGF 1,150 .30 031664117 05396 PW REPLACE TRANS MITTER ON P 1,792.42
031668681 PW REPAIRS TO H ORIZONTAL BGF 1,262 .80
T otal : 4,205.52V
o
186143 5/30/2023 008873 WINZER CORPO RATION 1057545 PW SUPPLIES 384.89 T otal : 384.89
186144 5/30/2023 007585 WITHERS & SANDG REN LTD 3263 SPR NO 2020 051 LANDSCAPE SR\ 450.00 T otal : 450 .00
186145 5/30/2023 010127 ZUSSER CO . INC. 1953-32 04563 PW FDPK CISTERN PROJ PMT32 G 387,321 .23 195333 04563 PW FDPK CISTERN PROJ PMT 33 60,146 .80
T otal : 447,468 .03
97 Vouchers for bank code : common Bank total : 1,152,963.32 97 Vouchers in this report T otal vouchers : 1,152,963.32

06/07/2023 5:09:15PM
Vo ucher List

CITY OF BELL GARDENS
Page: 1
Bank code : common
V oucher
Date
1813 -WIRE 6/1/2023
1814 -WIRE 6/1/2023
1815 -WIRE 6/1/2023
1816 -WIRE 6/1/2023
186146 6/6/2023
186147 6/6/2023
Vendo r
003359 BANK OF THE WEST
003358 BANK OF THE WEST
001725 CALPERS
009439 MASS MUTUAL
007322 1ST JON INC
007599 4IMPRINT, INC
In voice
P© #
Description/Account
Ben591018 FEDERAL INCOME TAX: PAYMENT
Total :

Ben591022 STATE INCOME TAX: PAYMENT
Total :

Ben591020 P/R 6/1/23
Ben591024 MASS MUTUAL: PAYMENT
104644 05403 RCS EARTH DAY EVENT - STANDAI
Total :
24919795/979439 RCS CFSC PR OMOTIONAL ITEMS
186148 6/6/2023 008604 ACCOUNT 6746022400, U.S. BANK PA RS Ben591008 186149 6/6/2023
186150 6/6/2023 010275 ALADDIN LOCK & KEY, BENITO ROBERTC 32977 32978
186151 6/6/2023 000098 ALIN PARTY SUPPLY
186152 6/6/2023 000148 AMTECH ELEVATOR SERVICES
186153 6/6/2023 000150 ANAYA'S SERVICE CENTER
PARS: PAYMENT
Total :

Total :

T otal :

Total :
000046 ACCURATE SECURITY, JOHN COSBY 21193 PW EXTRA LOCKS F OR FACILITIES T otal :

PW BGVP BASKETBALL RESTR M K

PW FDPK LUNCH ROOM PW REPA
Total :
1381 RCS CREATIVE KIDS GRADUATION
1386 RCS CREATIVE KIDS GRADUATION
Total :
151401192345
PW MNTHLY SRVC JUNE 2023
Total :
38313 PD UNIT 258 RPLALTERNATOR/OIL
38330 PD UNIT 260 REPL CYLINDER HEAT
Amount
83,449 .96
83,449 .96
26,297.95
26,297.95
127,129.49
127,129.49
22,996.00
22,996 .00
1,055.2100
1,055.2 .
990.33
990.33
5,532.25
5,532 .25
408 .47
408.47
465.35
393 .36
858 .71
362 .46
151.16
513 .62
224 .92
224.92
749 .85
4,460 .75E
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06/07/2023 5:09:15PM
Vo ucher List

CITY OF BELL GARDENS
Page: 2
Bank code : co mmon
Vo ucher
186153
186154
186155
186156
186157
186158
186159
186160
186161
186162
186163
186164
Date
6/6/2023
6/6/2023
6/6/2023
6/6/2023
6/6/2023
6/6/2023
6/6/2023
6/6/2023
6/6/2023
6/6/2023
6/6/2023
6/6/2023
Vendor
000150 ANAYA'S SERVICE CENTER
010641 ARAMARK
000284 A SSOC. , BELL GARDENS POLICE
000313 BRITE WHITE, ELISEO RODRIGUEZ
006331 BSN SPORTS, LLC
008203 C. A. T. SPECIALTIES, INC
006792 CARRILLO, MITCHELL
000452 CENTRAL BASIN MWD
Invoice
(Continued)
38331
38332
38333
38334
38364
2570166413
Ben591014
25567
921576570
38863
052223
BRAPR23
009158 CINDY'S JUMPERS LLC, EDGAR LOPEZ 64321
009158 CINDY'S JUMPERS LLC, EDGAR LOPEZ 64321b
009417 CINTAS CORPORATI ON
004588 DAILY JOURNAL CORPORATION
5159187750
B3699615
PO #
Description/Acc ou nt
PD UNIT 225 INSTALLED TIMER/SP,
PD UNIT 272 INSTALLED WINDSHIE
PD UNIT 278 OIL CHANGE
PD UNIT 273 OIL CHANGE

CD VEH REPAIR CE GALINDO
T otal :

RCS AQUATICS SRVCS
Total :

NON -SWORN POA ME MBER -DUES.

Total :

PW FLAT REPAIR UNIT S M179
Total :

RCS ADULT BASKETBALL SUPPLIE
Total :

Total :

PW STAFF UNIFORMS
PD TRNG 6/15 -17TH

PW MNTHLY WATER SRVC APRIL
Total :

Total :

RCS CREATIVE KIDS 6/23
Total :

RCS STAFF TRAINING

PW FIRST AID/MED KIT PW YARD,F
Total :

PW PUBLISH RFQ GRINDER BG RE
Amount
157 .50
480 .00
39 .95

43.45 51.49
5,982.99
78 .48

78.48 2,705.00
2,705.00

30.00O
30 .00
416.94
416 .94
619 .81
619 .81
466.24
466 .24
303,651.05
303,651.05
534 .00
534.00
534 .00
534 .00
571 .83
571 .83
380 .00 42
x
w

Voucher List
06/07/2023 5:09:15PM CITY OF BELL GARDENS
Bank code : common
Voucher
Page: 3
Date Vendo r
Invoice
186164 6/6/2023 004588 004588 DAILY JOURNAL CORPORAL (Co ntinued) 186165 6/6/2023 008668 DIAMOND CLEANING SERVICES, DORA G BG2316 BG2317
BG2318
BG2319
186166 6/6/2023 008098 DIRECTV, INC.
186167 6/6/2023 007652 DISCOUNT SCHOOL SUPPLY
186168 6/6/2023 008493 DUNN EDWARDS CORPORATION
186169 6/6/2023 000807 FAIRFIELD, BRADLEY SCOTT
186170 6/6/2023 006424 FERNANDO'S HARDWARE & LUMBER
186171 6/6/2023 006521 FRANCHISE TAX BOARD
186172 6/6/2023 006112 GALLS LLC
186173 6/6/2023 008464 GLENDALE PARADE STORE LLC
057328772X230520
P42198510101
2009A11071
052523
90685
Ben591010
024380466
024481145
024481146
519665A
186174 6/6/2023 002092 GOLDEN STATE WATER COMPANY 14489565193-05182:
40584200006-05182:
65551868949-05182:

Des criptio n/A ccount
Total :

PD OFC DETAIL CLEANING

PD OFC DETAIL CLEANING
T otal :

RCS GC SRVCS 5/19-6/18
T otal :

RCS CREATIVE KIDS SUPPLIES
Total :

PW GRAFFITI PAINT/SUPPLIE S
Total :

PD TRNG SEMINAR 5/18 -21ST
Total :

PW CONCRETE/CEMENT BAGS DA
Total :

GARNISHMENT: PAYMENT
Total :

PD SOT UNIFORM SUPPLIES E .CHJ
PD SOT UNIFORM SUPPLIES R.PEI
PD SOT UNIFORM SUPPLIES R .PEI
Total :

PD HONOR GUARD UNIFORM SUPI
T otal :

PW 8114 PARK LANE SOCCER FIEL
PW 8323 GARFIELD AVE .

PW 7800 SCOUT IRRIG
Total :

Amount
380.00
200 .00
200.00
200.00
430 .00
1,030.00
51 .24

51.24 716 .23
716.23
70 .50

70.52-
140.69
140.69
46 .24

46.24 533 .71
533 .71
175 .25
234 .80

78.27 488.32
727.83
727.83
154.50
74 .58
1,283 .65
1,512.73
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Vo ucher List
06/07/2023 5:09:15PM CITY OF BELL GARDENS
Page: 4
Bank code : common
Voucher
Date
Vendor
186175 6/6/2023 009491 GOMEZ, SONIA
186176 6/6/2023 001025 HOM E DEPOT
186177 6/6/2023 005177 INFRASTRUCTURE ENGINEERS
186178
186179
186180
186181
186182
186183
186184
186185
6/6/2023
6/6/2023
6/6/2023
6/6/2023
6/6/2023
6/6/2023
6/6/2023
6/6/2023
Inv oice PO #
FY22-23 TUITION RE
007337/6075007
007478/6285001
017984/5285417
2041399
Descriptio n/Accoun t
TUITION REIM FY 22-23
Tot al :

PW FACITLIES SUPPLIES

PW CITY HALL SUPPLIES

PW FDPK/CITY HALL FOUNTAIN

PW PARK SUPPLIES
T otal :
24900 03505 PW FL ORENCE AVE & EASTERN A\
24987 03505 PW FLORENCE AVE & EASTERN A\
25107 03505 PW FL ORENCE AVE & EASTERN A\
Total :
009373 INTERNATIONAL, THE COUNSELING TEAT 86670
009579 J THAYER COMPANY LLC
001153 JPM GLASS CO. , JOSE P. MENDOZA
009028 KANSAS STATE BANK
007868 LA CONSERVATION CO RPS
005455 LA COUNTY SHERIFF'S DEPT
001244 LAKESHORE LEARNING
001293 LIEBERT CASSIDY WHIT MORE
16388881
05105 PD PSYCHOLOGICAL CONTRACT N
Total :

PW OFFICE SUPPLIES
Total :
51210 PW FAICLITY MAINT REPL BROKEN
51211 PW FACILITY MAINT TINT CC BARC
Total :

Amo unt
316.00
316 .00
393 .67

52.76 375 .89
135 .10
957.42
1,115 .50
600 .75
2,355.17
4,071 .42
1,000 .00D
1,000.00
110.80
110.80
177.88
503.68
681 .56
6043272023 05408 PD LENSLOCK BODY WORN, IN -CA 84,009.10 Total : 84,009.10
24158APRIL23 04864 PW TREES F OR BG PLANTING PR( 5,565.00 T otal : 5,565.00
232969BL PD PRISONER MAINT MEALS APRII 111 .00
Total : 111 .00
703156051523 RCS CREATIVE KIDS SUPPLIES 860.47
241673
241678
T otal :

PROF SRVCS RENDERED THRU 4/:

PROF SRVCS RENDERED THRU 4/:
860 .47
42 .50
1,137 .5GE
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Vo uc her List
06/07/2023 5:09:15PM CITY OF BELL GA RDENS
Page: 5
Bank code : co mmon
Vo ucher
Date Vendor
186185 6/6/2023 001293 LIEBERT CASSIDY WHITMO RE
186186 6/6/2023 001552 NADA BUS INC.
186187 6/6/2023 008044 PAL PROGRAM
186188 6/6/2023 009820 PROSEGUR SERVICES GRO UP, INC.
186189 6/6/2023 008332 RICARDO EXTERMINATOR
186190 6/6/2023 002063 SMART & FINAL
186191
186192
186193
186194
6/6/2023
6/6/2023
6/6/2023
6/6/2023
000594 STATE DISBURSEMENT UNIT
010444 TAMAYO, JASON
004931 TO RRES, DAVID
006443 TOTAL EXTERMINATING INC.

Inv oice
(Co ntinued)
241680
PO #
Description/Accoun t
Amo unt
PROF SRVCS RENDERED THRU 4/: 4,760.00
Total :
51367 05401 RCS CREATIVE KIDS TIME PROGRI
T otal :

Ben591012
671762
672084
672640
0137067
110022
774655
Ben591016
121822
086338
PAL PROGRA M: PAYMENT
T otal :

RCS SPRT CTR SEC 4/10 -16TH
RCS SPRT CTR SEC 4/17 -23RD
RCS SPRT CTR SEC 4/24 -30TH
Total :

PW BG PARKVIEW TERRANCE SNF
T otal :

RCS NYC SUPPLIES

RCS CREATIVE KIDS SUPPLIES
Total :

GARNISHMENT: PAYMENT
T ot al :

PD REIM F OR DRONE PILOT LIC
Total :

PD SUPPLIES FOR HONOR GUARC
T otal :
80102B PW MNTHLY SRVC AT CH/PD MAY
82694 PW MNTHLY SRVC AT NYC
82695 PW MNTHLY SRVC AT CH/PD MARC
Total
186195 6/6/2023 009744 USA & RAFAEL CLEANERS, RAFAEL RODI 11552

RCS DRY CLEANING SRVCS
T otal :
5,940.00
1,000 .00
1,000.00
255.00
255.00
1,296 .40
1,296 .40
1,296 .40
3,889.4_
65 .00-
65 .00
44 .11
283.22
327 .33
326.76
326 .76
175.00
175 .00
111 .86
111.86

8.00 98 .00
170 .00
276.00
192 .00
192.00=
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Vo ucher List
06/07/2023 5:09:15PM CITY OF BELL GARDENS
Page: 6
Bank code : common
Vo ucher
Date Vendo r
186196 6/6/2023 008873 WINZER CO RPORATION
186197 6/6/2023 009492 XPRESS WASH INC
56 Vouchers for bank code : common
TRA NSFER 6/1/2023 BANK OF THE WEST
56 Vouchers in this report
Invoice
PO #
Description/Account Am ount
1064268 PW UTILITIES CREW SUPPLIES 38.59
Total : 38.59
16324 05115 PD CAR WASH SERVICE APRIL 202 2,456 .00
T otal : 2,456.00
Ba nk total : 703,480 .27
P/R
NET PAYR OLL 494,182.97
Total vo uchers : 1,197,663.24
00 0

CITY OF BELL GARDENS

OFFICE OF THE CITY MANAGER

AGENDA REPORT
Item 6.

TO:

FROM:

BY:

SUBJECT:

DATE:

Honorable Mayor and City Council Members
Michael B. O'Kelly, City Manager
Manuel Carrillo, Director of Finance & Administrative Services

WARRANT REGISTER SUCCESSOR AGENCY
June 26, 2023
RECOMMENDATION:

It is staff's recommendation that the Successor Agency Members receive and file the warrant register dated 05/23/23.

BACKGROUND/DISCUSSION:

The attached warrant register is for 05/23/23. The warrant register reflects the obligation of the Successor Agency to the Community Development Commission (Successor Agency) for the above referenced date.

CONCLUSION:

If the recommendation to the Successor Agency Members is approved, then the warrant register dated 05/23/23 will be received and filed.

FISCAL IMPACT:

Warrant register 05/23/23
ATTACHMENTS:

Exhibit 1- Warrant Register
12928
Total Voucher
Grand Total Voucher
$1,341.00
$1,341.00
$1,341.00
APPROVED ELECTRONICALLY BY:

Michael B. O'Kelly, City Manager
Stephanie Vasquez, City Attorney and/or Susie Altamirano, Assistant City Attorney Manuel Carrillo, Director of Finance and Administrative Services 109

Voucher List
05/24/2023 10:55:05AM CITY OF BELL GARDENS
Page: 1
Bank code : cdcckg
Voucher
Date Vendor Invoice PO # Description/Account Amount
12928 5/23/2023 006334 TIERRA WEST ADVISORS, LLC BG0323A 04903 CD CONSULTANT SERVICES: FORK 1,341.00 Total : 1,341.00
1 Vouchers for bank code : cdcckg
1 Vouchers in this report
Bank total : 1,341.00
Total vouchers : 1,341.00
Exhibit 1 110

CITY OF BELL GARDENS

OFFICE OF THE CITY MANAGER

AGENDA REPORT
Item 7.

TO:

FROM:

BY:

Honorable Mayor and City Council Members
Michael B. O'Kelly, City Manager
Manuel Carrillo, Director of Finance and Administrative Services Jules Tak, Accounting Manager
SUBJECT: APRIL 2023 TREASURER'S REPORT
DATE: June 26, 2023
RECOMMENDATION:

It is recommended that the City Council receive, approve, and file the April 2023 Treasurer's Report.

BACKGROUND/DISCUSSION:

The Treasurer's Report is a list of cash and investments held by the City as of April 30, 2023. Monthly reporting includes cash balances by fund and reconciled bank balances provided by Finance and Administrative Services.

CONCLUSION:

The April 30, 2023, Treasurer's Report has been presented to the City Council with a recommendation to receive, approve and file.

FISCAL IMPACT:

No fiscal impact.

ATTACHMENTS:

Exhibit 1 - Treasurer's Report April 2023
APPROVED ELECTRONICALLY BY:

Michael B. O'Kelly, City Manager
Stephanie Vasquez, City Attorney and/or Susie Altamirano, Assistant City Attorney Manuel Carrillo, Director of Finance and Administrative Services 111

CITY OF BELL GARDENS

TREASURER'S REPORT FOR

CASH, INVESTMENT PORTFOLIO,

AND RESTRICTED BOND CASH
APRIL 30, 2023

CITY CASH

ACCOUNT

INSTITUTION

BALANCE RATE
MARKET

COMMON CHECKING

PAYROLL
ISSUER
BANK OF THE WEST $ 14,908,558.89
BANK OF THE WEST 476,815.73
BANK OF THE WEST 0.00
TOTAL

LOCAL AGENCY INVESTMENT FUNDS
TOTAL

CITY TOTAL CASH AND INVESTMENT
$ 15,385,374.62

1.00%

CITY INVESTMENT

PERCENT
OF

BOOK VALUE FACE VALUE MARKET VALUE PORTFOLIO
MAT. STATED

DATE RATE
$ 19,756,418.80 $ 19,756,418.80 $ 19,756,418.80 100.00% N/A 1.772% $ 19,756,418.80 $ 19,756,418.80 $ 19,756,418.80
$ 35,141,793.42

CASH WITH FISCAL AGENT- US BANK (CORPORATE TRUST SERVICES) RESTRICTED BOND CASH

ACCOUNT NAME
WATER REF.REV. BONDS SERIES 2004 Prin
WATER REF.REV. BONDS SERIES 2004 Res
WATER REF. REV. BONDS SERIES 2004 Rev
LEASE REV REF BONDS SERIES 2005 Res
TOTAL

BOOK VALUE
$ 0.00 $
398,433.22

0.11 437,807.31
100.00%

FACE VALUE MARKET VALUE RATE

0.00 $
398,433.22

0.11 437,807.31
836,240.64 $ 836,240.64 $

0.00 398,433.22

0.11 437,807.31
836,240.64

0.000%

0.000%
Exhibit 1 1412

CITY OF BELL GARDENS

TREASURER'S REPORT FOR

CASH, INVESTMENT PORTFOLIO,

AND RESTRICTED BOND CASH
APRIL 30, 2023
SUCCESSOR to CDC CASH

ACCOUNT
MARKET

COMMON CHECKING
ISSUER

INSTITUTION BALANCE
BANK OF THE WEST $ 979,335.38
BANK OF THE WEST 0.69
TOTAL

LOCAL AGENCY INVESTMENT FUNDS
TOTAL

TOTAL CASH AND INVESTMENT
979,336.07
RATE

1.00%

1.00%
SUCCESSOR to CDC INVESTMENT

BOOK VALUE FACE VALUE
643,169.40 $ 643,169.40 $
643,169.40 $ 643,169.40 $
$ 1,622,505.47

MARKET VALUE
643,169.40

CASH WITH FISCAL AGENT- US BANK (CORPORATE TRUST SERVICES) RESTRICTED BOND CASH

ACCOUNT NAME
CDC TARR BOND P1 RED AR RES NC 2014 A
CDC TARR BOND P1 RED AR REV A/C 2014 A
CDC TARR BOND CC RED AR RES A/C 2014 B
CDC TARR BOND CC RED AR REV A/C 2014 B
CDC 2ND SUB TARR B CC RES A/C 2014 C
CDC 2ND SUB TARR B CC REV NC 2014 C
TOTAL

ACCOUNT NAME
FIN. AUTH. TRB REV NC 2005 SERIES(A)
FIN. AUTH. TRB RES A/C 2005 SERIES(A) PR 1
FIN. AUTH. TRB RES A/C 2005 SERIES(A) CC
TOTAL

BOOK VALUE FACE VALUE
$ 400,700.44 $ 400,700.44 $

0.00 0.00
615,015.33 615,015.33

0.08 0.08
1,110,071.49 1,110,071.49

0.21 0.21

PERCENT DAYS

OF TO STATED
PORTFOLIO MAT. RATE
100.00% N/A 1.772%
643,169.40 100.00%

MARKET VALUE RATE
400,700.44 0.00%

0.00 0.00%
615,015.33 0.00%

0.08 0.00%
1,110,071.49 0.00%

0.21 0.00%
$ 2,125,787.55 $ 2,125,787.55 $ 2,125,787.55

BOOK VALUE FACE VALUE
$ 4.29 $ 4.29 $
193,950.82 193,950.82
429,873.86 429,873.86

MARKET VALUE RATE

4.29 0.00%
193,950.82 0.00%
429,873.86 0.00%
623,828.97 $ 623,828.97 $ 623,828.97
Exhibit 1 20143

CITY OF BELL GARDENS

TREASURER'S REPORT FOR

CASH, INVESTMENT PORTFOLIO,

AND RESTRICTED BOND CASH
APRIL 30, 2023

ACCOUNT ACTIVITY - BY TYPE

CITY CASH

ACCOUNT
MARKET

COMMON CHECKING

PAYROLL
ISSUER
BEGINNING +

INSTITUTION BALANCE DEPOSITS

BANK OF THE WEST

BANK OF THE WEST
TOTAL

LOCAL AGENCY INVESTMENT FUNDS
TOTAL
$ 13,826,523.71 $ 5,122,364.37 $
619,465.52 2,977,343.16

0.00 wmm 1,016,329.67
14,445,989.23 $ 9,116,037.20 $

CITY INVESTMENT

BEGINNING

BALANCE

DEPOSITS/

PURCHASES
$ 19,624,144.68 $ 132,274.12 $
$ 19,624,144.68 $ 132,274.12 $
(-) ENDING

WITHDRAWALS BALANCE RATE
(4,040,329.19) $ 14,908,558.89 1.00%
(3,119,992.95) 476,815.73 1.00%
(1,016,329.671 0.00 1.00%
(8,176,651.81) $ 15,385,374.62
(-)

WITHDRAWALS/
SALES/

MATURITIES

CHANGES
WITHIN
FUNDS .m...

ENDING STATED

BALANCE RATE

0.00 $ 19,756,418.80 1.772%

0.00 $ 19,756,418.80

CASH WITH FISCAL AGENT- US BANK (CORPORATE TRUST SERVICES) RESTRICTED BOND CASH

ACCOUNT NAME
WATER REF. REV. BONDS SERIES 2004-Pri
WATER REF. REV. BONDS SERIES 2004 -Rev
WATER REF. REV. BONDS SERIES 2005
LEASE REV REF BONDS SERIES 2005 Res
(-)
+ ADM.FEES/

INTEREST/ WITHDRAWALS/

BEGINNING DEPOSITS/ SALES/ ENDING

BALANCE PURCHASES MATURITIES BALANCE RATE

7.03 $
398,431.53
17,838.12
437,805.45

0.00 $ (7.03) $ 0.00 0.000%

1.69 0.00 398,433.22 0.000%

16.99 (17,855.00) 0.11 0.000%

1.86 0.00 437,807.31 0.000%
854,082.13 $ 20.54 $ (17,862.03) $ 836,240.64
Exhibit 1 301414

CITY OF BELL GARDENS

TREASURER'S REPORT FOR

CASH, INVESTMENT PORTFOLIO,

AND RESTRICTED BOND CASH
APRIL 30, 2023

ACCOUNT ACTIVITY - BY TYPE
SUCCESSOR to CDC CASH

ACCOUNT
MARKET

COMMON CHECKING
ISSUER

BEGINNING

INSTITUTION BALANCE

DEPOSITS
BANK OF THE WEST $ 974,990.33 $ 4,345.05 $
BANK OF THE WEST 2,727.48

LOCAL AGENCY INVESTMENT FUNDS
TOTAL
$ 977,717.81 $

BEGINNING

BALANCE
$ 638,863.56 $
$ 638,863.56 $

CASH WITH FISCAL AGENT- US BANK (CORPORATE TRUST SERVICES'

ACCOUNT NAME
FIN. AUTH. TRB REV FUND 2005 SERIES A
FIN. AUTH. TRB INT NC 2005 SERIES A PR 1
FIN. AUTH. TRB RES NC 2005 SERIES A CC
TOTAL
100.01
4,445.06 $

DEPOSITS

PURCHASES
(-)

WITHDRAWALS
ENDING

BALANCE RATE

0.00 $ 979,335.38 1.00%
(2,826.80) 0.69
(2,826.80) $ 979,336.07
(-)

WITHDRAWALS/
SALES/

MATURITIES
ENDING

BALANCE

1.00%
STATED
RATE
4,305.84 $ 0.00 $ 643,169.40 1.772%
4,305.84 $ 0.00 $ 643,169.40

RESTRICTED BOND CASH
(.)
+ ADM.FEES/
INTEREST! WITHDRAWALS/

DEPOSITS/ SALES/

BEGINNING PURCHASES/ MATURITIES/ ENDING
BALANCE MARKET GAIN (MARKET LOSS) _ BALANCE RATE
400,697.50 $ 2.94 $ 0.00 $ 400,700.44 0.00%

1.24 0.00 (1.24) 0.00 0.00%
615,012.72 2.61 0.00 615,015.33 0.00%

0.08 0.00 0.00 0.08 0.00%
1,110,066.78 4.71 0.00 1,110,071.49 0.00%

0.21 0.00 0.00 0.21 0.00%
$ 2,125,778.53 $ 10.26 $

BEGINNING

BALANCE
$ 58,900.04 $
193,954.00
429,872.03
682,726.07 $ _

INTEREST/

DEPOSITS/

PURCHASES/

MARKET GAIN

4.25 $

0.82 1.83

6.90 $
(1.24) $
2,125,787.55
(-)
ADM.FEES/

WITHDRAWALS/
SALES/

MATURITIES/ ENDING
(MARKET LOSS) BALANCE RATE
(58,900.00) $ 4.29 0.00%
(4.00) 193,950.82 0.00%

0.00 429,873.86 0.00%
j58,904.00) $
623,828.97
In compliance with California Government Code Section 53646, as the City Treasurer of City of Bell Gardens, I hereby certify that sufficient investment liquidity and anticipated revenues are available to meet the City's and Successor to CDC's expenditure requirements for the next six months, and that all investments are in compliance of the City's Statement of Investment Policy. I also certify that this report reflects all Government Agency pg9 investments and all City's and Success° ency t DC's baltk-tfa es:

Manuel Carillo Sign:

City Treasurer Date:

Exhibit 1 401415

CITY OF BELL GARDENS

OFFICE OF THE CITY MANAGER

AGENDA REPORT
Item 8.

TO:

FROM:

BY:

Honorable Mayor and City Council Members
Michael B. O'Kelly, City Manager
Manuel Carrillo, Director of Finance and Administrative Services Jules Tak, Accounting Manager
SUBJECT: MARCH 2023 TREASURER'S REPORT
DATE: June 26, 2023
RECOMMENDATION:

It is recommended that the City Council receive, approve, and file the March 2023 Treasurer's Report.

BACKGROUND/DISCUSSION:

The Treasurer's Report is a list of cash and investments held by the City as of March 31, 2023. Monthly reporting includes cash balances by fund and reconciled bank balances provided by Finance and Administrative Services.

CONCLUSION:

The March 31, 2023, Treasurer's Report has been presented to the City Council with a recommendation to receive, approve and file.

FISCAL IMPACT:

No fiscal impact.

ATTACHMENTS:

Exhibit 1 - Treasurer's Report March 2023
APPROVED ELECTRONICALLY BY:

Michael B. O'Kelly, City Manager
Stephanie Vasquez, City Attorney and/or Susie Altamirano, Assistant City Attorney Manuel Carrillo, Director of Finance and Administrative Services 116

CITY OF BELL GARDENS

TREASURER'S REPORT FOR

CASH, INVESTMENT PORTFOLIO,

AND RESTRICTED BOND CASH
MARCH 31, 2023

CITY CASH

ACCOUNT INSTITUTION
MARKET

COMMON CHECKING

PAYROLL
ISSUER

BALANCE RATE
BANK OF THE WEST $ 14,908,558.89
BANK OF THE WEST 619,465.52
BANK OF THE WEST 0.00
TOTAL $ 15,528,024.41

1.00%

CITY INVESTMENT

BOOK VALUE FACE VALUE
LOCAL AGENCY INVESTMENT FUNDS $ 19,624,144.68 $ 19,624,144.68 $ TOTAL

CITY TOTAL CASH AND INVESTMENT

PERCENT
OF MAT. STATED

MARKET VALUE PORTFOLIO DATE RATE
19,624,144.68 100.00% N/A 1.772%
$ 19,624,144.68 $ 19,624,144.68 $ 19,624,144.68 100.00% $ 35,152,169.09

CASH WITH FISCAL AGENT- US BANK (CORPORATE TRUST SERVICES) RESTRICTED BOND CASH

ACCOUNT NAME
WATER REF.REV. BONDS SERIES 2004 Prin
WATER REF.REV. BONDS SERIES 2004 Res
WATER REF. REV. BONDS SERIES 2004 Rev
LEASE REV REF BONDS SERIES 2005 Res
TOTAL
$

BOOK VALUE

7.03 $
398,431.53
17,838.12
437,805.45

FACE VALUE

MARKET VALUE RATE

7.03 $ 7.03
398,431.53 398,431.53
17,838.12 17,838.12
437,805.45 437,805.45
854,082.13 $ 854,082.13 $
854,082.13

0.000%

0.000%
Exhibit 1
101417

CITY OF BELL GARDENS

TREASURER'S REPORT FOR

CASH, INVESTMENT PORTFOLIO,

AND RESTRICTED BOND CASH
MARCH 31, 2023
SUCCESSOR to CDC CASH

ACCOUNT

INSTITUTION BALANCE RATE
MARKET BANK OF THE WEST $

COMMON CHECKING
ISSUER

BANK OF THE WEST
TOTAL

LOCAL AGENCY INVESTMENT FUNDS
TOTAL

TOTAL CASH AND INVESTMENT
974,990.33 1.00%
2,727.48 1.00%
977,717.81
SUCCESSOR to CDC INVESTMENT

BOOK VALUE FACE VALUE
$ 638,863.56 $ 638,863.56 $
638,863.56 $ 638,863.56 $
$ 1,616,581.37

PERCENT DAYS

OF TO STATED
MARKET VALUE PORTFOLIO MAT. RATE
638,863.56
638,863.56

CASH WITH FISCAL AGENT- US BANK (CORPORATE TRUST SERVIC RESTRICTED BOND CASH

ACCOUNT NAME
CDC TARR BOND P1 RED AR RES A/C 2014 A
CDC TARR BOND P1 RED AR REV NC 2014 A
CDC TARR BOND CC RED AR RES A/C 2014 B
CDC TARR BOND CC RED AR REV A/C 2014 B
CDC 2ND SUB TARR B CC RES A/C 2014 C
CDC 2ND SUB TARR B CC REV NC 2014 C
TOTAL

ACCOUNT NAME
FIN. AUTH. TRB REV NC 2005 SERIES(A)
FIN. AUTH. TRB RES A/C 2005 SERIES(A) PR 1
FIN. AUTH. TRB RES NC 2005 SERIES(A) CC
TOTAL
100.00% N/A 1.772%
100.00%

BOOK VALUE FACE VALUE MARKET VALUE RATE
$ 400,697.50 $ 400,697.50 $ 400,698.50 0.00%

1.24 1.24
615,012.72 615,012.72

0.08 0.08
1,110, 066.78 1,110, 066.78

0.21 0.21
$ 2,125,778.53 $ 2,125,778.53 $

1.24 615,012.72

0.08 1,110,066.78

0.21 2,125,779.53

BOOK VALUE FACE VALUE MARKET VALUE
$ 58,900.04 $ 58,900.04 $ 58,900.04
193,954.00 193,954.00 193,954.00
429,872.03 429,872.03 429,872.03
682,726.07 $ 682,726.07 $
682,726.07

0.00%

0.00%
RATE

0.00%

0.00%
Exhibit 1 20f1418

CITY OF BELL GARDENS

TREASURER'S REPORT FOR

CASH, INVESTMENT PORTFOLIO,

AND RESTRICTED BOND CASH
MARCH 31, 2023

ACCOUNT ACTIVITY - BY TYPE

CITY CASH

ACCOUNT INSTITUTION
MARKET

COMMON CHECKING

PAYROLL
ISSUER

BANK OF THE WEST

BANK OF THE WEST
TOTAL

LOCAL AGENCY INVESTMENT FUNDS
TOTAL

BEGINNING

DEPOSITS WITHDRAWALS
BALANCE m�. eA
$ 13,826,523.71 $ 5,122,364.37 $
107,244.55 3,318,670.42

0.00 951,494.76
ENDING

BALANCE RATE
(4,040,329.19) $ 14,908,558.89
(2,806,449.45) 619,465.52
(951,494.76) 0.00
$13,933,768.26 $9,392,529.55 $ (7,798,273.40) $ 15,528,024.41

CITY INVESTMENT

BEGINNING

BALANCE

DEPOSITS/

PURCHASES
$ 19,624,144.68 $ 0.00 $
$ 19,624,144.68 $

0.00 $
(•)
WITHDRAWALS!
SALES/

MATURITIES
(+)(-)

CHANGES
WITHIN
FUNDS

1.00%

ENDING STATED

BALANCE RATE

0.00 19,624,144.68
$ 19,624,144.68

0.00 CASH WITH FISCAL AGENT- US BANK (CORPORATE TRUST SERVICESJRESTRICTED BOND CASH

ACCOUNT NAME
WATER REF. REV. BONDS SERIES 2004-Pri
WATER REF. REV. BONDS SERIES 2004 -Rev
WATER REF. REV. BONDS SERIES 2005
LEASE REV REF BONDS SERIES 2005 Res

BEGINNING

BALANCE
$�..........u�� 7.03 $
398,440.04
17,838.09
437,803.77
854,088.93 $

INTEREST/

DEPOSITS/

PURCHASES

0.00 $

1.53 0.03

1.68 3.24 $
(-)
ADM.FEES/

WITHDRAWALS/
SALES/
ENDING

MATURITIES BALANCE

0.00 $ 7.03
(10.04) 398,431.53

0.00 17,838.12

0.00 437,805.45
(10.04) $
854,082.13

1.772%
RATE

0.000%

0.000%
Exhibit 1 3011419

CITY OF BELL GARDENS

TREASURER'S REPORT FOR

CASH, INVESTMENT PORTFOLIO,

AND RESTRICTED BOND CASH
MARCH 31, 2023

ACCOUNT ACTIVITY - BY TYPE
SUCCESSOR to CDC CASH

ACCOUNT INSTITUTION
MARKET BANK OF THE WEST $

COMMON CHECKING BANK OF THE WEST
ISSUER

LOCAL AGENCY INVESTMENT FUNDS
TOTAL
$
BEGINNING +

BALANCE DEPOSITS
975,266.24 $ 4,345.05 $
1,161.17 6,187.27
976,427.41 $ 10,532.32 $

BEGINNING

BALANCE

DEPOSITS

PURCHASES
(-)

WITHDRAWALS
ENDING

BALANCE RATE
(4,620.96) $ 974,990.33 1.00%
(4,620.96) 2,727.48
(9,241.92) $ 977,717.81
(-)

WITHDRAWALS/
SALES/

MATURITIES
638,863.56 $ 0.00 $ 0.00 $ _
638,863.56 $

0.00 $
CASH WITH FISCAL AGENT. US BANK (CORPORATE TRUST SERVICES) RESTRICTED BOND CASH

ACCOUNT NAME
CDC TARR BOND P1 RED AR RES A/C 2014 A
CDC TARR BOND P1 RED AR REV A/C 2014 A
CDC TARR BOND CC RED AR RES A/C 2014 B
CDC TARR BOND CC RED AR REV A/C 2014 B
CDC 2ND SUB TARR B CC RES A/C 2014 C
CDC 2ND SUB TARR B CC REV NC 2014 C
TOTAL

ACCOUNT NAME
FIN. AUTH. TRB REV FUND 2005 SERIES A
FIN. AUTH. TRB INT A/C 2005 SERIES A PR 1
FIN. AUTH. TRB RES A/C 2005 SERIES A CC
TOTAL

1.00%

ENDING STATED

BALANCE RATE
638,863.56 1.772%

0.00 $ 638,863.56
(-)
+ ADM.FEES/

INTEREST/ WITHDRAWALS/

DEPOSITS/ SALES/

BEGINNING PURCHASES/ MATURITIES/ ENDING

BALANCE MARKET GAIN (MARKET LOSS) BALANCE RATE
$ 400,695.96 $ 1.54 $ 0.00 $ 400,697.50 0.00%

1.24 0.00%

2.36 615,012.72 0.00%

0.00 0.08 0.00%

4.26 1,110,066.78 0.00%

0.00 0.21 0.00%

1.24 0.00 0.00
615,010.36

0.08 1,110,062.52

0.21 $ 2,125,770.37 $ 8.16 $

0.00 0.00

0.00 $ 2,125,778.53
(-)
+ ADM.FEES/

INTEREST/ WITHDRAWALS/

DEPOSITS/ SALES/

BEGINNING PURCHASES/ MATURITIES/ ENDING
BALANCE MARKET GAIN (MARKET LOSS)._ BALANCE RATE
58,900.00 $ 0.04 $ 0.00 $ 58,900.04 0.00%
193,953.26 0.74 0.00 193,954.00 0.00%
429,870.38 1.65 0.00 429,872.03 0.00%
682,723.64 $

2.43 $

0.00 $ 682,726.07
In compliance with California Government Code Section 53646, as the City Treasurer of City of Bell Gardens, I hereby certify that sufficient investment liquidity and anticipated revenues are available to meet the City's and Successor to CDC's expenditure requirements for the next six months, and that all investments are in compliance of the City's Statement of Investment Policy. I also certify that this report reflects all Government Agency pooled investments and all City's and Successor cy to CDC's b
Manuel Carillo
City Treasurer
Sign:

Date:

Exhibit 1
4 of142O

CITY OF BELL GARDENS

OFFICE OF THE CITY MANAGER

AGENDA REPORT
Item 9.

TO:

FROM:

BY:

Honorable Mayor and City Council Members
Michael B. O'Kelly, City Manager
Manuel Carrillo, Director of Finance and Administrative Services Jules Tak, Accounting Manager
SUBJECT: MAY 2023 TREASURER'S REPORT
DATE: June 26, 2023
RECOM M ENDATION:

It is recommended that the City Council receive, approve, and file the May 2023 Treasurer's Report.

BACKGROUND/DISCUSSION:

The Treasurer's Report is a list of cash and investments held by the City as of May 31, 2023. Monthly reporting includes cash balances by fund and reconciled bank balances provided by Finance and Administrative Services.

CONCLUSION:

The May 31, 2023, Treasurer's Report has been presented to the City Council with a recommendation to receive, approve and file.

FISCAL IMPACT:

No fiscal impact.

ATTACHMENTS:

Exhibit 1 - Treasurer's Report May 2023
APPROVED ELECTRONICALLY BY:

Michael B. O'Kelly, City Manager
Stephanie Vasquez, City Attorney and/or Susie Altamirano, Assistant City Attorney Manuel Carrillo, Director of Finance and Administrative Services 121

CITY OF BELL GARDENS

TREASURER'S REPORT FOR

CASH, INVESTMENT PORTFOLIO,

AND RESTRICTED BOND CASH
MAY 31, 2023

CITY CASH

ACCOUNT INSTITUTION
MARKET

COMMON CHECKING

PAYROLL
ISSUER

BALANCE RATE
BANK OF THE WEST $ 18,032,197.57
BANK OF THE WEST 1,191,378.52
BANK OF THE WEST 0.00
TOTAL

LOCAL AGENCY INVESTMENT FUNDS

CITY TOTAL CASH AND INVESTMENT
$ 19,223,576.09

1.00%

CITY INVESTMENT

PERCENT
OF MAT. STATED

BOOK VALUE FACE VALUE MARKET VALUE PORTFOLIO DATE RATE
$ 19,756,418.80 $ 17,756,418.80 $ 19,756,418.80 100.00% N/A 1.772% TOTAL $ 19,756,418.80 $ 17,756,418.80 $ 19,756,418.80 100.00% $ 38,979,994.89

CASH WITH FISCAL AGENT- US BANK CORPORATE TRUST SERVICES) RESTRICTED BOND CASH

ACCOUNT NAME
WATER REF.REV. BONDS SERIES 2004 Prin
WATER REF.REV. BONDS SERIES 2004 Res
WATER REF. REV. BONDS SERIES 2004 Rev
WATER REF.REV. BONDS SERIES 2004 INT
LEASE REV REF BONDS SERIES 2005 Res
LEASE REV REF BONDS SERIES 2015A
TOTAL
BOOK VALUE FACE VALUE ^ KET VALUE RATE
$ 0.00 $
398,434.86

0.11 10.04
437,809.11
307,906.49
$ 1,144,160.61 S

0.00 $ 0.00 0.000%
398,434.86 398,434.86 0.000%

0.11 0.11 0.000%

10.04 10.04 0.000%
437,809.11 437,809.11 0.000%
307,906.49 307906.49 0.000%
1,1 ,160.61 $ 1,1 ,160.61
Exhibit 1 1 of1Q2

CITY OF BELL GARDENS

TREASURER'S REPORT FOR

CASH, INVESTMENT PORTFOLIO,

AND RESTRICTED BOND CASH
MAY 31, 2023
SUCCESSOR to CDC CASH

ACCOUNT INSTITUTION
MARKET

COMMON CHECKING

BALANCE RATE
BANK OF THE WEST $ 983,680.43 1.00%
BANK OF THE WEST _1,341.00
TOTAL 985,021.43
ISSUER .....�...........e

LOCAL AGENCY INVESTMENT FUNDS
TOTAL

TOTAL CASHANDINVESTMENT

1.00%
SUCCESSOR to CDC INVESTMENT

BOOK VALUE FACE VALUE

PERCENT DAYS

OF TO STATED
MARKET VALUE PORTFOLIO MAT. RATE
$ 643,169.40 $ 643,169.40 $ 643,169.40
$ 643,169.40 $ 643,169.40 $
$ 1,628,190.83
100.00% NIA 1.772%
643,169.40 100.00%

CASH WITH FISCAL AGENT- US BANK (CORPORATE TRUST SERVICES) RESTRICTED BOND CASH

ACCOUNT NAME
CDC TARR BOND P1 RED AR RES NC 2014 A
CDC TARR BOND P1 RED AR REV NC 2014 A
CDC TARR BOND CC RED AR RES A/C 2014 B
CDC TARR BOND CC RED AR REV NC 2014 B
CDC 2ND SUB TARR B CC RES NC 2014 C
CDC 2ND SUB TARR B CC REV A/C 2014 C
TOTAL

BOOK VALUE FACE VALUE MARKET VALUE
400,702.09 $ 400,702.09 $ 400,702.09

0.00 0.00 0.00
615,017.86 615,017.86 615,017.86

0.08 0.08 0.08
1,110,076.05 1,110,076.05 1,110,076.05

0.21 0.21 0.21
$ 2,125,796.29 5
2,125,796.29 $

ACCOUNT NAME BOOK VALUE FACE VALUE
FIN. AUTH. TRB REV NC 2005 SERIES(A) $ 4.31 $ 4.31 $
FIN. AUTH. TRB RES NC 2005 SERIES(A) PR 1
FIN. AUTH. TRB RES NC 2005 SERIES(A) CC
TOTAL
2,125,796.29
RATE

0.00%

MARKET VALUE RATE

4.31 0.00%
193,951.62 193,951.62 193,951.62 0.00%
429,875.63 429,875.63 429,875.63 0.00%
623,831.56 $ 623,831.56 $
623,831.56
Exhibit 1
2423

CITY OF BELL GARDENS

TREASURER'S REPORT FOR

CASH, INVESTMENT PORTFOLIO,

AND RESTRICTED BOND CASH
MAY 31, 2023

ACCOUNT ACTIVITY - BY TYPE

CITY CASH

ACCOUNT INSTITUTION
MARKET

COMMON CHECKING

PAYROLL
ISSUER

BANK OF THE WEST

BANK OF THE WEST
TOTAL

LOCAL AGENCY INVESTMENT FUNDS
TOTAL

BEGINNING

BALANCE

DEPOSITS
$ 14,908,558.89 $ 7,558,481.56 $
476,815.73 2,948,218.75

0.00 1,436,956.43
$ 15,385,374.62 $ 11,943,656.74 $

CITY INVESTMENT

BEGINNING DEPOSITS/

BALANCE PURCHASES
$ 19,756,418.80 $ 0.00 $
$ 19,756,418.80 $ 0.00 $
(-) ENDING

WITHDRAWALS BALANCE RATE
(4,434,842.88) $ 18,032,197.57
(2,233,655.96) 1,191,378.52
(1,436,956.43, 0.00
(8,105,455.27) $ 19,223,576.09
(-)

WITHDRAWALS/
SALES/

MATURITIES

CHANGES
WITHIN
FUNDS

CASH WITH FISCAL AGENT- US BANK (CORPORATE TRUST SERVICES) RESTRICTED BOND CASH

ACCOUNT NAME
WATER REF. REV. BONDS SERIES 2004-Pri
WATER REF. REV. BONDS SERIES 2004 -Rev
WATER REF. REV. BONDS SERIES 2005
WATER REF.REV. BONDS SERIES 2004 INT
LEASE REV REF BONDS SERIES 2005 Res
LEASE REV REF BONDS SERIES 2015A

BEGINNING

BALANCE
$ 0.00
398,433.22

0.11 10.04
437,807.31

0.24 INTEREST/

DEPOSITS/

PURCHASES
$ 0.00 $

1.64 0.00

0.00 1.80
307,906.25

1.00%

ENDING STATED

BALANCE RATE

0.00 $ 19,756,418.80

0.00 $ 19,756,418.80
(.)
ADM.FEESI

WITHDRAWALS/
SALES/

MATURITIES

0.00 $

0.00 0.00

0.00 1.772%
ENDING

BALANCE RATE

0.00 0.000%
398,434.86 0.000%

0.11 0.000%

10.04 437,809.11 0.000%
307,906.49
1,144,160.61
836,250.92 $ 307,909.69 $

0.00 $
Exhibit 1 30124

CITY OF BELL GARDENS

TREASURER'S REPORT FOR

CASH, INVESTMENT PORTFOLIO,

AND RESTRICTED BOND CASH
MAY 31, 2023

ACCOUNT ACTIVITY - BY TYPE
SUCCESSOR to CDC CASH

ACCOUNT INSTITUTION
MARKET

COMMON CHECKING
ISSUER

BEGINNING

BALANCE

DEPOSITS
BANK OF THE WEST $ 979,335.38 $ 4,345.05 $
BANK OF THE WEST 0.69

LOCAL AGENCY INVESTMENT FUNDS
TOTAL
1,381.51
979,336.07 $ 5,726.56 $

BEGINNING DEPOSITS

BALANCE PURCHASES
$ 643,169.40 $ 0.00 $
643,169.40 $
(-)

WITHDRAWALS
ENDING

BALANCE

0.00 $ 983,680.43
(41.20) 1,341.00
(41.20) $ 985,021.43
(-)

WITHDRAWALS/
SALES/

MATURITIES
RATE

1.00%

ENDING STATED

BALANCE RATE

0.00 $ 643,169.40 1.772%

0.00 $ 0.00 $ 643,169.40

CASH WITH FISCAL AGENT- US BANK (CORPORATE TRUST SERVICES) RESTRICTED BOND CASH

INTEREST/

DEPOSITS/

BEGINNING PURCHASES/

ACCOUNT NAME BALANCE MARKET GAIN
CDC TARR BOND P1 RED AR RES NC 2014 A M_................ . � $ 400,700.44 $ 1.65 $ CDC TARR BOND P1 RED AR REV NC 2014 A
CDC TARR BOND CC RED AR RES NC 2014 B
CDC TARR BOND CC RED AR REV NC 2014 B
CDC 2ND SUB TARR B CC RES NC 2014 C
CDC 2ND SUB TARR B CC REV A/C 2014 C
TOTAL

ACCOUNT NAME
FIN. AUTH. TRB REV FUND 2005 SERIES A
FIN. AUTH. TRB INT NC 2005 SERIES A PR 1
FIN. AUTH. TRB RES NC 2005 SERIES A CC
TOTAL

0.00 615,015.33

0.08 1,110,071.49

0.21 $ 2,125,787.55 $

0.00 2.53

0.00 4.56

0.00 8.74 $
INTEREST!

DEPOSITS/
BEGINNING PURCHASES!
(-)
ADM.FEES/

WITHDRAWALS/
SALES/

MATURITIES/ ENDING
( KET LOSS) BALANCE RATE

0.00 $ 400,702.09 0.00%

0.00 0.00 0.00%

0.00 615,017.86 0.00%

0.00 0.08 0.00%

0.00 1,110,076.05 0.00%

0.00 0.21 0.00%

0.00 $ 2,125,796.29
(-)
ADM.FEES/

WITHDRAWALS/
SALES!

MATURITIES/ ENDING
BALANCE MARKET GAIN (MARKET LOSS)_ BALANCE RATE

4.29 $ 0.02 $ `.. ._ 0.00 $
193,950.82 0.80 0.00
429,873.86
...... 1.77 0.00
623,828.97 $

2.59 $

0.00 $

4.31 193,951.62
429,875.63
623,831.56
In compliance with California Government Code Section 53646, as the City Treasurer of City of Bell Gardens, I hereby certify that sufficient investment liquidity and anticipated revenues are available to meet the City's and Successor to CDC's expenditure requirements for the next six months, and that all investments are in compliance of the City's Statement of Investment Policy. I also certify that this report reflects all Government Agency pog(ed investments and all City's and Successor gency to C bank bale es.

Manuel Carillo Sign:

City Treasurer Date:

0.00%

0.00%
Exhibit 1
4on5

CITY OF BELL GARDENS

OFFICE OF THE CITY MANAGER

AGENDA REPORT
Item 10.

TO:

FROM:

BY:

Honorable Mayor and City Council Members
Michael B. O'Kelly, City Manager
Manuel Carrillo, Director of Finance & Administrative
Cathy R Thompson, Interim Human Resources Manager
SUBJECT: ADOPTION OF PART-TIME HOURLY PAY SCHEDULE
DATE: June 26, 2023
RECOMMENDATION:

That the City Council, by motion, approve the attached Resolution adopting the hourly pay schedule for positions designated as temporary / part-time.

BACKGROUND/DISCUSSION:

Temporary part-time staff are essential to many City operations and efficient public service delivery. In order to continue to recruit essential temporary part-time staff and maintain market competitiveness, it is appropriate to increase the part-time hourly wage schedule accordingly. Therefore, staff's recommendation includes a 7% increase to the hourly wage schedule.

CONCLUSION:

Staff recommends the City Council approve the attached Resolution that describes the hourly pay schedule for positions designated as Temporary/Part-Time
FISCAL IMPACT:

The fiscal impact for (FY 2023/2024) is estimated to be $120,034.

ATTACHMENTS:

Exhibit 1 - Resolution No. 2023-45
APPROVED ELECTRONICALLY BY:

Michael B. O'Kelly, City Manager
Stephanie Vasquez, City Attorney and/or Susie Altamirano, Assistant City Attorney Manuel Carrillo, Director of Finance and Administrative Services 126

RESOLUTION NO. 2023-45

A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF BELL

GARDENS, CALIFORNIA ADOPTING THE HOURLY PAY SCHEDULE

FOR POSITIONS DESIGNATED AS TEMPORARY/PART-TIME
WHEREAS, temporary / part-time positions are essential to the City's operations and public service delivery; and
WHEREAS, there is a need to address temporary / part-time hourly pay ranges pursuant to State requirements, industry standards and market competitiveness; and WHEREAS, this resolution sets forth the hourly pay schedule for positions designated as temporary / part-time.

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

SECTION 1. The City Council finds that the above recitals are true and correct and incorporate them herein.

SECTION 2. Certain part-time positions with the City service are compensated on an hourly basis in the interest of efficient administration of City government and to serve the public welfare. The following hourly positions and salary ranges are authorized effective the first full pay period following ratification:

Range Step A B C D E
PT -03 $16.69 - - - -
PT -04 $17.53 $18A0 $19.32 $20.29 $21.30
PT -05 $22.37 $23.49 $24.66 $25.89 $27.19
PT -06 $28.55 $29.98 $31.48 $33.05 $34.70
The following positions will utilize one of the above salary ranges as designated by the appointing authority. The number of positions is determined by the current budget.

1. Clerk

2. Intern

3. Jailer

4. Maintenance Worker

5. Police Cadet

6. Recreation Leader I

7. Recreation Leader II

8. Recreation Leader III

9. Recreation Leader IV

10. Transportation Dispatcher
t
Exhibit 1 127

Resolution No. 202345
SECTION 3. In order to recruit Police Officers during their attendance at the Police Academy to fill vacant Police Officer positions, a Police Trainee position is authorized.

SALARY AUTHORIZED (PTRN) $3,617 per month
The number of positions authorized by this resolution is the number of vacancies then existing or pending as determined by the Personnel Officer.

SECTION 4. The City Clerk shall attest and certify to the passages 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 26th day of June, 2023.

THE CITY OF BELL GARDENS
Alejandra Cortez, Mayor
APPROVED AS TO FORM: ATTEST:

Stephanie Vasquez
City Attorney
Daisy Gomez
City Clerk
Exhibit 1 128

CITY OF BELL GARDENS

OFFICE OF THE CITY MANAGER

AGENDA REPORT
Item 11.

TO:

FROM:

BY:

Honorable Mayor and City Council Members
Michael B. O'Kelly, City Manager
Manuel Carrillo, Director of Finance and Administrative Services Cathy Thompson, Interim Human Resources Manager.

SUBJECT: ADOPTION OF MEMORANDUM OF UNDERSTANDING BETWEEN THE CITY OF BELL

GARDENS AND THE CITY PUBLIC WORKS SUPERVISORS ASSOCIATION (PWSA) DATE: June 26, 2023
RECOMMENDATION:

It is Staff's recommendation that the City Council, by motion, approve the attached Resolution adopting a Memoranda of Understanding between the City of Bell Gardens and the Bell Gardens Public Works Supervisor's Association (PWSA) commencing as of July 1, 2023, and continuing through June 30, 2026.

BACKGROUND/DISCUSSION:

In 2021, the City entered into an agreement with the City Public Works Supervisors Association (PWSA). This agreement is set to expire on June 30, 2023. In March 2023, the City commenced labor negotiations with the PWSA, multiple proposals were exchanged, and a tentative agreement was achieved in June 2023.

The City and the PWSA , have now reached a tentative agreement on Memoranda of Understanding (MOU), subject to City Council approval, for the period commencing on July 1, 2023 and continuing through June 30, 2026, which would provide a provide a 6% salary increase for year one, a 6% salary increase for year two, and a 4% salary increase for year three of the agreement. The agreement also includes a change to the uniform/boot allowance, vacation buy out, sick leave buy out, certification pay and a One Time Lump Sum Payment equivalent to 50 hours of the employee's base hourly pay. More specific information regarding the changes to the individual MOU can be found in the attached resolution.

CONCLUSION:

Staff recommends the City Council approve the attached resolution, adopting a Memoranda of Understanding between the City of Bell Gardens and the Bell Gardens Public Works Supervisors Association (PWSA), for the period commencing on July 1, 2023, and continuing through June 30, 2026.

FISCAL IMPACT:

Estimated Fiscal Impact of $16,439 in FY 23-24.

ATTACHMENTS:

Exhibit 1 -Resolution No. 2023-46
129

Exhibit 2 - PWSA MOU
APPROVED ELECTRONICALLY BY:

Michael B. O'Kelly, City Manager
Stephanie Vasquez, City Attorney and/or Susie Altamirano, Assistant City Attorney Manuel Carrillo, Director of Finance and Administrative Services

RESOLUTION NO. 2023-46

A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF BELL

GARDENS, CALIFORNIA ADOPTING A MEMORANDUM OF

UNDERSTANDING BETWEEN THE CITY OF BELL GARDENS THE

CITY OF BELL GARDENS PUBLIC WORKS SUPERVISORS
ASSOCATION ("PWSA")
WHEREAS, the representatives of the City and the Bell Gardens Public Works Supervisors Association have engaged in multiple meet and confer sessions and did so in good faith and in compliance with Government Code §§ 3500 et. seq. as regards to efforts to negotiate a successor to the 2021-2023 Memorandum of Understanding (MOU); and
WHEREAS, representatives of the City and the Bell Gardens Public Works Supervisors Association have agreed upon a successor to the 2021-2023 Memorandum of Understanding.

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

SECTION 1. The City Council finds that the above recitals are true and correct and incorporate them herein.

SECTION 2. Unless otherwise indicated in this Resolution, the following terms and conditions of employment for those employees in the unit represented by the Bell Gardens Public Works Supervisors Association, shall be adopted and implemented with City Council passage, approval and adoption of the 2023-2026 MOU attached hereto as Exhibit 2 ("MOU"). The provisions in the actual adopted MOU shall prevail over any conflicts between the MOU provisions and the provisions in this Resolution.

SECTION 3. The terms and conditions of employment for those employees in the unit represented by the Bell Gardens Public Works Supervisors Association, and which shall be incorporated into Exhibit 2, are:

1. Article I Section C. Term of Agreement
The term of the agreement will be July 1, 2023 to June 30, 2026.

2. Article IV Section B. Salaries (1)
All classifications within this bargaining unit shall receive base salary adjustments as follows:

Effective the first full pay period following July 1, 2023: 6% base salary increase.
1 Exhibit 1 131

Resolution No. 2023-46
Effective the first full pay period following July 1, 2024: 6% base salary increase.

Effective the first full pay period following July 1 2025: 4% base salary increase.

3. Article III. Section B. Overtime — Increase permitted amount of accumulated compensatory time from eight (80) hours to one hundred and twenty (120) hours.

4. Article III. Section D. Sick Leave (1' — Revised language to include and identify who an employee can take leave for: domestic partner, grandparent, grandchild, sibling, parent -in-law or "designated person". Also identify "designated person" as any individual related to blood or whose association with the employee is the equivalent of a family relationship.

5. Article III. Section E. Cash Distribution of Accumulated and Earned Leave Time — Increase permitted annual vacation buy out amount from eighty (80) hours to one hundred twenty (120) hours.

6. Article I I I . Section F. Bereavement Leave — Revise language to include domestic partner, grandparent, grandchild, sibling, or parent -in-law.

7. Article IV. Section B. (2) Salaries — Within thirty (30) days of ratification of the agreement, the City shall provide a one-time lump sum payment to each unit member in an amount equivalent to fifty (50) hours of the employee's base hourly rate.

8. Article IV. Section E. Uniform Allowance — Increase boot allowance from Four Hundred Dollars ($400.00) to Four Hundred Fifty Dollars ($450.00) effective July 1, 2023.

9. Article IV. Section H. Specialized Certificate Compensation — Increase the amount of specialized certificates allowed for compensation from three (3) to four (4), rendering the maximum monthly gross specialized certificate payment to be in the amount of two hundred dollars ($200) per month.

SECTION 4. The City Council hereby approves and adopts the 2023-2026 Memorandum of Understanding attached to the Staff Report as Exhibit 2.

SECTION 5. Subject to all applicable laws, the City Council hereby authorizes the City Manager to execute the MOU and all documents reasonably necessary to effectuate the intent of this Resolution.

SECTION 6. The City Clerk shall attest and certify to the passages and adoption of this Resolution and enter it into the book of original resolutions, and it shall become effective immediately upon its approval.
[Signatures on the following page]
2 of 3
Exhibit 1 132

Resolution No. 202346
PASSED, APPROVED, and ADOPTED this 26th day of June, 2023.

THE CITY OF BELL GARDENS
Alejandra Cortez, Mayor
APPROVED AS TO FORM: ATTEST:

Stephanie Vasquez
City Attorney
3 of 3
Daisy Gomez
City Clerk
Exhibit 1 133

CITY OF BELL GARDENS
AND

BELL GARDENS PUBLIC WORKS

SUPERVISORS ASSOCIATION

MEMORANDUM OF UNDERSTANDING
July 1, 2023 to June 30, 2026
Adopted June 26, 2023
9888990.1 BE030-166
Exhibit 2 134

9888990.1 BB030-166
Exhibit 2 135

PREAMBLE
It is the purpose of the Memorandum of Understanding to promote and provide for harmonious relations, cooperation and communication between City Management and the City employees covered by this Memorandum. As a result of good faith negotiations between the City representatives and Association representatives this Memorandum sets forth the agreement between wages, hours, and other terms and conditions of employment for the employees covered by this Memorandum. This will provide for an orderly means of resolving differences, which may arise from time to time during its term. 9888990.1 BB030-166
Exhibit 2 136

TABLE OF CONTENTS
ARTICLE I ........

Section A.

Section B.

Section C.

Section D.

Section E.

Section F.

ARTICLE II

ARTICLE III
Section A.

Section B.

Section C.

Section D.

Section E.

ARTICLE IV
Section A.

Section B.

Section C.

Section D.

Section E.

Section F.

Section G.

Section H.

ARTICLE V

ARTICLE VI

ARTICLE VII

ARTICLE VIII

ARTICLE IX
...................................................................................................................... 1 PARTIES AND RECOGNITION 1
APPROPRIATE UNIT..... ........ ................... ........ ....... ........................... 1 TERM OF AGREEMENT 1
SEPARABILITY PROVISION 1
NO STRIKE NO LOCKOUT CLAUSE 1
EMERGENCY WAIVER PROVISION 2
CITY RIGHTS 3
HOURS.. ........ ....... .... ..... ... ......... ........ ....... ........................... ......... ....... 4 WORK SCHEDULE 4
OVERTIME..... ........ ....... . ..... ..... ......... ........ ....... ........................... ........ 4 HOLIDAYS 5
SICKLEAVE 6
CASH DISTRIBUTION OF LEAVE TIME 6
COMPENSATION AND SALARIES 7
PUBLIC EMPLOYEES RETIREMENT SYSTEM 7
SALARIES........ ........ ....... .... .... ......... ........ ....... ........................... ......... 8 BILINGUAL PAY 8
CALLBACK PAY 9
UNIFORM ALLOWANCE 10
LONGEVITY PAY... ........ ....... ........ ........ ........ ....... ............................ 10 ACTING PAY 10
SPECIALIZED CERTIFICATION PAY 10
TUITION REIMBURSEMENT 11
BENEFITS 11
PERSONNEL RULE MODIFICATIONS 15
GENERAL FUND -BASED MOU REOPENER 18
FULL UNDERSTANDING 18
9888990.1 BB030-166
Exhibit 2 137

ARTICLE I
Section A. PARTIES AND RECOGNITION
The Memorandum of Understanding is made and entered into between the Management representatives of the City of Bell Gardens, hereinafter referred to as the "City" and representatives of the Bell Gardens Public Works Supervisors Association, hereinafter referred to as the "Association", a formally recognized exclusive representative of the general unit of City employees pursuant to the Meyers-Milias-Brown Act. This Memorandum of Understanding (MOU) applies to all employees in the classifications referred to as "the general unit".

Section B. APPROPRIATE UNIT
The classifications covered by this agreement are:

Parks/Facility Supervisor
Utility/Contract Supervisor
Street Maintenance Supervisor
Section C. TERM OF AGREEMENT
The parties have met and conferred in good faith regarding wages, hours and other terms and conditions of employment and it is mutually agreed that this Memorandum of Understanding shall be effective upon ratification of the City Council effective July 1, 2023 and ending on June 30, 2026.

Section D. SEPARABILITY PROVISION
If any provision or the application of any provision of this agreement as implemented should be rendered or declared invalid by any final court action of competent jurisdiction, the remaining sections of this agreement shall remain in full force and effect for the duration of said agreement. In the event any section of this Memorandum is declared invalid, the City agrees to meet and confer with the Association, upon request, regarding the impact or implementation of the court order.

Section E. NO STRIKE NO LOCKOUT CLAUSE

1. The Association, its officers, agents, representatives and/or members agree that during the term of this MOU they will not cause or condone any strike, walkout, slowdown, sickout, or any other job action withholding or refusing to perform services.

2. The City agrees that it shall not lockout its employees during the term of this MOU. The term "lockout" is hereby defined so as not to include discharge, suspension, termination, and layoff, failure to recall or failure 1 9888990.1 BB030-166
Exhibit 2 138

to return to work of employees of the City in the exercise of its rights as set forth in any of the provisions of this MOU or applicable ordinance or law.

3. Any employee who participates in any conduct prohibited in part 1 above may be subject to disciplinary action up to and including discharge.

4. In the event that any one or more officers, agents, representatives, or members of the Association engage in any of the conduct prohibited in part 1 above, the Association shall immediately instruct any persons engaging in such conduct that their conduct is in violation of this MOU and is unlawful and they must immediately cease engaging in conduct prohibited in part 1 above and return to work.

5. If the Association performs all of the responsibilities set forth in part 4 above, its officers, agents, representatives, shall not be liable for damages for prohibited conduct performed by employees who are covered by this MOU.

Section F. EMERGENCY WAIVER PROVISION
In the event of circumstances beyond the control of the City, such as acts of God, fire, flood, insurrection, civil disorder, national emergency, or similar circumstances, if the City Manager or his designee so declares, any provisions of this MOU or the Personnel Rules and Regulations of the City, which restrict the City's ability to respond to these emergencies, shall be suspended for the duration of such emergency. After the emergency is declared over, the Association shall have the right to meet and confer with the City regarding the impact on employees of the suspension of these provisions in the MOU and any personnel rules and policies.
2 9888990.1 BB030-166
Exhibit 2 139

ARTICLE II CITY RIGHTS
Section A.

Except as limited by the specific and express terms of this agreement, the City hereby retains and reserves unto itself all rights, powers, authority, duty and responsibilities confirmed on and vested in it by the laws and the Constitution of the State of California, and/or the laws and Constitution of the United States of America. The City reserves, retains, and is vested with, solely and exclusively, all rights of Management which have not been expressly abridged by specific provision of this MOU or by law to manage the City, as such rights existed prior to the execution of this MOU.

The management and the direction of the work force of the City is vested exclusively in the City, and nothing in this agreement is intended to circumscribe or modify the existing rights of the City to direct the work of its employees; hire, promote, demote, transfer, assign, and retain employees in positions within the City, subject to the Personnel Rules and Regulations of the City; suspend or discharge employees for proper cause; maintain the efficiency of governmental operations; relieve employees from duties for lack of work or other good reason; take action as may be necessary to carry out the City's mission and services in emergencies; and to determine the methods, means, and personnel by which the operations are to be carried out, including the right to subcontract unit work.

Except in emergencies or where the City is required to make changes in its operations because of the requirements by law, whenever the exercise of Management's rights shall impact employees of the Association, the City agrees to meet and confer with representatives of the Association regarding the impact of the exercise of such rights, unless the matter of the exercise of such rights is provided for in this MOU or in the Personnel Rules and Regulations. By agreeing to meet and confer with the Association as to the impact and exercise of any of the foregoing City rights, Management's discretion in the exercise of these rights shall not be diminished. 3 9888990.1 BB030-166
Exhibit 2 140

ARTICLE III HOURS
Section A. WORK PERIODS, SCHEDULES, AND OVERTIME
City work schedules for bargaining unit members shall be defined as follows:
a. 4/10 Work Schedule: The 4/10 work schedule shall
consists of four (4) ten (10) hour work days in a seven (7) consecutive calendar day work period, exclusive of any
assigned meal periods.
b. 9/80 Work Schedule: The 9/80 work schedule shall consist of eight (8) nine (9) hour work days and one (1) eight (8) hour make up day on alternating weeks, exclusive of any assigned meal periods.
c. For overtime purposes, the work period shall consist of a seven (7) consecutive day forty (40) hour work period.

The work period shall begin exactly four hours into the employee's eight hour shift on the day of the week which constitutes the employee's alternating regular day off.

2. The existing work schedule in terms of number of days worked per week and hours per day shall remain in place. Modifications to said work schedule may be made provided employee is given a two (2) week notice of proposed changes in work schedule. Changes in work schedules shall be made to address the needs of the community or manpower but not for disciplinary reasons.

Section B. OVERTIME
With the approval of the City Manager, and when necessary to perform essential work, a department administrator may require an employee(s) to work at any time other than during regular hours until such work is completed.

Represented employees required to be in a work status beyond forty (40) hours in a designated work week, shall be paid at the rate of one and one-half times the employee's regular hourly rate. For purposes of overtime calculation, all paid leave time shall count as hours worked with the exception of sick leave. Where a 9/80 schedule is utilized, the work week shall begin exactly four hours into the eight (8) hour shift on the day of the week which constitutes the alternating regular day off.

Management may permit an employee to take compensatory time in lieu of paid overtime. With management approval, represented employees shall be permitted to accumulate compensatory time only to a maximum of one hundred and twenty (120) . When the maximum level of compensatory time is reached, overtime shall be paid.
4 9888990.1 BB030-166
Exhibit 2 141

Section C. HOLIDAYS
Designated holidays are:

New Year's Day
Martin Luther King Jr. Day
Presidents Day — Observed on the 3rd Monday in February Caesar Chavez Day - Observed on the last Monday in March Memorial Day
July 4
Labor Day
Thanksgiving
Friday after Thanksgiving (in lieu of September 9, Admission Day) Christmas Day

2. In addition to the above ten (10) holidays, unit members are required to be available for call -outs. In consideration of this status, each unit member receives an additional 23 "floating holiday hours," and 24 "personal business leave hours," a total of 47 leave hours in addition to the above ten (10) designated holidays.

3. Eligibility to receive any or all of the above 47 total floating holiday and personal business leave hours shall be confined to those unit members who are employed and available for call -out for a full (or partial) fiscal year.

4. The above 47 hours of floating holiday and personal business leave shall be credited on July 1 of each fiscal year to the account of the unit member.

The floating holiday and personal business leave hours have no cash value, and if not used by June 30 of any year, shall be lost and not convertible to cash.
a) When a holiday falls on a Sunday, the following Monday shall be observed as the holiday.
b) If a City recognized holiday falls on a day which is an employee's regular day off because of an alternate work schedule, such employee shall be credited with an accrual leave for the number of hours such employee would have worked had that day been a regular work day for that employee. (For example, 10 hours if on a 4/10 schedule, 9 hours if on a 9/80 schedule, etc.)

5. Effective February 23, 2013, unit members shall receive an additional 24 hours of floating holiday hours. These floating holiday hours must be taken prior to June 30 of each year in which they are received. If the employee does not use the floating holiday hours, the hours shall not be accrued beyond the fiscal year in which they are received. Floating Holiday leave has no cash value and shall not be cashed out upon separation. 5 9888990.1 BB030-166
Exhibit 2 142

Section D. SICK LEAVE
Earned sick leave may be used for immediate family illnesses as defined in existing City rules. In addition to immediate family members identified in existing City rules, sick leave may be used to care for the employee's domestic partner, grandparent, grandchild, sibling, parent - in -law or "designated person". A "designated person" is any individual related by blood or whose association with the employee is the equivalent of a family relationship. The City shall comply with both California and Federal Leave Acts and laws relating to medical leaves of absence.

2. Every full-time employee represented by this Association shall accrue sick leave beginning with the first full pay period of employment on the basis of 8 hours for each month of service completed with the City.

3. Employees have the option of having all accumulated sick leave in excess of 500 hours shall be paid out in December 2023 . After excess leave is paid out in December 2021, annual sick leave buy out provision shall resume as outlined below (4).

4. Any sick leave accumulated past 620 hours can be accrued into the following year or surrendered for cash or deposited into a deferred compensation plan at the employee's existing hourly wage rate in December, not to exceed a maximum of 96 earned hours per year.

5. Employees who separate from the City of Bell Gardens shall be eligible for payment of earned sick leave up to 620 hours.

Section E. CASH DISTRIBUTION OF ACCUMULATED AND EARNED LEAVE TIME Unit employees may cash out their vacation leave up to 80 hours per fiscal year of the agreement. The vacation cash distribution shall be done in accordance with the policies governing the City's Vacation Buy Out Policy with the exception that the 120 consecutive hours of time off may be achieved by using vacation, floating, compensatory or holiday leave times.

Effective March 2022, vacation accrual cap shall revert to 240 hours in accordance with the Personnel Rules & Regulations 10.02.

Section F. BEREAVEMENT LEAVE
Regular and probationary full-time employees of the City shall be granted a bereavement leave of absence by reason of the death, or critical illness where death appears imminent, of the employee's father, mother, brother, sister, 6 9888990.1 BB030-166
Exhibit 2 143

spouse, child, domestic partner, grandparent, grandchild, sibling, or parent -in- law. Employee shall be allowed three (3) working days with pay for each occurrence and shall not be charged against the employee's sick bank.

The Personnel Officer and/or the department head may require evidence in the form of a physician's certificate, or otherwise, of the adequacy of the reason for any employee's absence during the time for which sick leave was requested for an illness or death in the family where the employee's presence was necessary.

ARTICLE IV COMPENSATION AND SALARIES
Section A. PUBLIC EMPLOYEES RETIREMENT SYSTEM

1. Retirement Formulas:
a) Miscellaneous — First Level: The retirement formula for current employees hired prior to June 24, 2012 shall continue to be 2.7% @ 55, with calculation of the employee's annuity based on "single highest year."
b) Miscellaneous — Second Level: Effective June 24, 2012 the City modified its CaIPERS contract(s) so as to provide the 2% at 55 retirement formula for all employees hired on and after June 24, 2012 who are not deemed to be a "new member" as defined in
Government Code section 7522.04. Said contract amendments shall also provide for calculation of the above newly hired effected employee's annuity, being based on the "three highest years" calculation method.
c) Miscellaneous — Third Level(Public Employees' Pension Reform Act of 2013): AB 340 (signed by the Governor on 09/07/12) shall in its entirety be given full force and effect during and after the term of this agreement, as described below. Any provision in this agreement which contradicts any provision of AB 340 shall be deemed null and void, with the contrary AB 340 provision(s) being given full force and effect. Therefore, no provision of AB 340 shall be deemed to impair any provision of this agreement or any MOU, Agreement, Rule or Regulation predating this agreement.

Unit employees considered "new members" into PERS on or after January 1, 2013, shall individually pay an initial Member CaIPERS contribution rate of 50% of the normal cost rate for the Defined Benefit Plan in which said newly hired employee is enrolled, rounded to the nearest quarter of 1%, or the current contribution rate of similarly situated employees, whichever is greater. (AB 340 — Government Code section 7522.30)
7 9888990.1 BB030-166
Exhibit 2 144

Unit members who are considered "new members" on or after January 1, 2013 shall be enrolled in the AB 340 provided formula of 2%@62. [Government Code section 7522.25(e)] with final
pensionable compensation (as defined for new members in Government Code section 7522.34) being determined by reference to the highest average annual pensionable compensation earned during a period of 36 consecutive months. [Government Code section 7522.32(a)]

2. Retirement Contributions: Effective January 1, 2012, each unit member shall fund 100% of the CaIPERS statutorily mandated employee member contributions.

Section B. SALARIES

1. All classifications within this bargaining unit shall receive base salary adjustments as follows:
a) Effective the first full pay period following July 1, 2023: 6% base salary increase.
b) Effective the first full pay period following July 1, 2024: 6% base salary increase.
c) Effective the first full pay period following July 1, 2025: 4% base salary increase.

2. One Time Lump Sum Payment: Within thirty (30) days of ratification of the agreement, the City shall provide a one-time lump sum payment to each unit member in an amount equivalent to 50 hours of the employee's base hourly rate. Such lump sum payment will be made on a separate paycheck.

Section C. BILINGUAL PAY

1. The Bilingual Pay Policy shall be defined as set forth below:
a) PURPOSE: The purpose in providing bilingual compensation is to provide an incentive to eligible unit members to learn and maintain verbal and/or written Spanish language skills which shall promote the efficient operation of the Department and the concurrent heightened provision of service to the community. Therefore, a condition precedent to receipt of bilingual compensation is maintenance by the unit member of an active duty status where the employee is not on a leave of absence that exceeds thirty (30) calendar days.
b) ELIGIBILITY: In order for unit members to receive this compensation, they must be certified by the City, Certification shall be written and verbal test with procedures selected by the City Manager.
8 9888990.1 BB030-166
Exhibit 2 145

c) CERTIFICATION: A unit employee who wishes to receive Bilingual pay must pass a test that demonstrates proficiency Spanish to determine their eligibility for this type of compensation. Employees who fail the test will be eligible to retake the test after six (6) months has passed from the failed test date. There shall be two levels of certification: written and oral. All City approved tests shall be conducted by the Personnel Office and/or qualified contractor.
d) COMPENSATION: Unit members certified as being bilingual and verbally proficient in Spanish shall receive $100.00 per month of bilingual pay. The maximum compensation that a unit employee can receive for bilingual pay is $200.00 per month.
e) RECERTIFICATION: The City may require recertification of language proficiency every two (2) years to ensure that this skill is still at the level that is necessary to serve the needs of the Department and community.

2. Effective December 1, 2012, unit employees that are already receiving bilingual pay at the level of compensation specified in the 2010-2011 MOU shall be subject to recertification under the terms and conditions specified above.

3. Effective February 11, 2013, the bilingual pay procedures will be amended as follows for current employees. For bilingual pay purposes, "current employees" are those unit members employed prior to February 11, 2013. a) Current employees who demonstrate bilingual verbal proficiency in Spanish shall receive two -hundred dollars ($200) per month. b) Current employees will not be subject to recertification every two years. However, the City may require current employees to recertify their verbal Spanish proficiency one time. The recertification process will commence no earlier than January 1, 2014.
c) Current employees and employees hired on or after February 11, 2013 may only take the verbal and/or written bilingual proficiency exams once every 12 months.

Section D. CALL-BACK PAY
If a unit member is required while off duty to report back to work on a call -out, he/she shall receive a minimum of two (2) hours pay at overtime. Call back pay shall commence when an employee is called back to duty, and shall end when employee returns home.
9 9888990.1 BB030-166
Exhibit 2 146

Section E. UNIFORM ALLOWANCE
The City shall provide and maintain uniforms to regular full-time employees.

Four sets of uniforms will be issued twice a year to employees covered by the Association. The uniforms will consist of a pair of pants, a shirt and a jacket.

Jackets can be substituted at the request of the employee and with approval from management. For employees who are not "new members" as defined under Gov. Code section 7522.04(f), the City will report to CaIPERS the monetary value for providing and maintaining the employee's required uniforms. The City will report the uniform allowance on an annual basis to CaIPERS in June of each year. The uniform allowance amount reported to CaIPERS will derive from the contracted amount which shall be $250 per year per employee OR the prior year's invoices for providing and maintaining the employee's uniforms, not to exceed $250 per year per employee.

All unit members who are required to wear work boots for safety purposes shall receive $450.00 voucher or credit to purchase work boots or other necessary items, effective July 1, 2023.

Section F. LONGEVITY PAY
Employees who have completed full-time service with the City of fifteen (15) years, twenty (20) years, or twenty-five years (25) shall be eligible for the following additional compensation:
a) 15 years = $100 per month
b) 20 years = $200 per month
c) 25 years = $250 per month
Section G. ACTING PAY
Employees who are required to perform the duties of a higher classification for 30 consecutive calendar days or more shall be compensated at the minimum rate of the higher classification with a minimum increase of 5%. The first 80 hours worked will be at the employee's normal rate of pay.

Section H. SPECIALIZED CERTIFICATE COMPENSATION
Subject to the limitations described herein, each affected unit member who has met all qualifications for, and who has been actually issued a specialized training certificate, shall be compensated for said certificate in the amount listed below for each such certificate, provided said certificate is relevant to/necessary for the satisfactory performance of the unit member's duties and responsibilities.
• Pesticide Applicator Certificate: $50 per month
10 9888990.1 BB030-166
Exhibit 2 147

• Arborist Certificate: $50 per month
• Licensed Electrician: $50 per month
• Irrigation / Backflow: $50 per month
• Traffic Safety / Traffic Control: $50 per month
• Forklift Operator: $50 per month
• Class B License: $100 per month
In no case, shall any affected unit member simultaneously receive compensation for more than four (4) specialized certificates, rendering the maximum monthly gross specialized certificate payment to be in the amount of two hundred dollars ($200) per month. Under the City's Education Policy, the maximum amount any one employee can receive for certificates and degrees is $250 per month. However, the maximum amount for unit members under the Education Policy shall be $300 per month.

ARTICLE V TUITION REIMBURSEMENT
The Tuition Reimbursement Program will operate on a fiscal year basis (July 1 through June 30). The City shall adopt the California State University system fee and tuition schedule but reimbursement shall not exceed $2,000 each fiscal year. The maximum tuition reimbursement, including on campus parking, fees, and textbooks is $2,000 per fiscal year. School supplies are not reimbursable.

2. The reimbursement shall only be for courses that are directly related to the employee's position as determined by the Department Head and Personnel Office. Only courses, specialized training, or degree programs "job -related" to permanent full-time positions will be considered for tuition reimbursement.

3. Prior to reimbursement of costs, all course work must be completed while employed with the City of Bell Gardens with a passing grade of "C" or equivalent when a numerical score or pass/fail grade is given.

ARTICLE VI BENEFITS
Section A. HEALTH BENEFITS
On July 1, 2021 the City implemented health benefits premium contribution caps in the following amounts:
a. Single employee - $976.42 monthly.
b. Employee plus one (1) dependent - $2,020.62 monthly. c. Family coverage - $2,938.72 monthly.
9888990.1 BB030-166
Exhibit 2 148

2. Employees hired, full-time, on or after January 1, 2022, shall receive a maximum City -funded health insurance (medical, dental and vision) contribution amount that is capped at the premium rates of Kaiser HMO, Delta HMO and VSP for the employee and their qualified dependent(s).

3. Increases to the aforementioned caps on City funded premiums shall be linked to the Consumer Price Index (CPI) as specified below. a. On July 1 of each year, the existing insurance premium caps will be adjusted by the percentage change in the CPI (not seasonally adjusted), from March of the prior year to March of the current year. b. Adjustment to the insurance premium caps shall be limited to three percent (3%).

4. Each affected employee shall be individually responsible for funding any health insurance (medical, dental and/or vision) premiums in excess of the above City funded payments. Employee's dependents to be covered only once by the City.

5. The City reserves the right to change health insurance providers.

6. Deductibles and Copayments: Each employee shall be responsible for his/her deductible and copayments as provided for in each employee's respective medical, dental and/or vision plan.

Section B. CAFETERIA OPT OUT PLAN
The City will offer a "Cafeteria Plan" to each full-time employee in a classification represented by Public Works Supervisors Association. An employee can take 50% of the cost of monthly premiums forfeited by that employee for themselves and their dependents (if applicable) if they choose to take medical, dental, and/or vision elsewhere. This will be on a monthly basis, and the amount of City -funded premiums upon which the 50% payment shall be made, shall be the lowest medical, dental and/or vision plan premiums incurred by the employee in the twelve (12) consecutive months immediately preceding the date of the employee's election to withdraw from any of the Health Benefits (medical, dental, and/or vision).

These provisions will abide by the policy where proof of insurance is required. The cafeteria plan is not offered to permanent part-time benefited employees and their dependents.

2. Unit employees will have the option of choosing only one of the two types of benefit options listed above (payment of insurance premiums or cafeteria plan). In no way can an employee combine or otherwise enhance their own or their dependents Health Benefits to receive more than what has been stated in each individual benefits option.
12 9888990.1 BB030-166
Exhibit 2 149

Section C. Modifications to Health Benefits Plans

1. Effective October 1, 2014, the City and Association agree to implement modifications to the City's existing health benefits plans as follows. a) Medical - Replace Anthem Blue Cross POS plan with Anthem Blue Cross Premier PPO 250/10/10.
b) Dental - Reduce annual out of network coverage under Delta Dental PPO plan from $2,000 to $1,500.
c) Vision - Increase VSP office visit copay from $10 to $20 d) Employee Assistance Program (EAP) Eliminate mental health component from City's EAP plan.
e) Short Term Disability Insurance - Increase maximum weekly benefit from $959 to $1,075. Increase benefit waiting period from seven (7) calendar days to fourteen (14) calendar days. Increase benefit duration from 90 days to 180 days.

Section D. MAINTENANCE OF HEALTH BENEFITS WHILE ON A LEAVE OF

ABSENCE
Employees must use a minimum of 56 hours of accrued leave per month to ensure the continuation of their health benefits — a failure to do so shall result in the suspension of health benefits, unless employee is on a protected leave.

Employees that do not meet the aforementioned criteria while on a leave of absence shall be given the opportunity to remain on the City's health benefit plans, but at the employee's cost, through COBRA.

Section E. LEAVE AND BENEFIT ACCRUALS DURING LEAVE OF ABSENCE In accordance with the Personnel Rules, no salary increases, boot allowance, vacation credits, sick leave credits or any other benefits provided to regular full-time benefitted employees shall continue to accrue to any employee who is on any leave of absence (paid or unpaid) that exceeds 30 calendar days, regardless of whether or not leave is due to on -duty or off -duty injury. This provision does not apply to employees who are serving a suspension due to disciplinary action.

Section F. DISABILITY INSURANCE
The City shall fund short and long-term disability insurance benefits.

Section G. JOINT LABOR/MANAGEMENT HEALTH INSURANCE COMMITTEE 13 9888990.1 BB030-166
Exhibit 2 150

The parties may continue meetings of a joint labor/management health insurance committee. The purpose of the committee shall be to explore cost saving alternatives to the present health insurance programs. Implementation of health insurance modifications shall be subject to meet and confer process.

Section H. MAINTENANCE OF BENEFITS
Subject to the reopeners in this MOU, the City and the Association agree that all benefits, other than direct wages which are existent at the commencement of this agreement, shall not be diminished, lessened or reduced for the duration of this agreement.

Section I. RETIREE HEALTH BENEFITS
City agrees to put in place a continuing medical insurance premium payment for new retirees (employees who retire after the adoption of this MOU). City funding will be based on years of service in a full-time, benefitted position with the City. Retiree benefits provided to employees who retire from the City of Bell Gardens shall be provided as follows:

1. Eligibility: New retirees must be vested with the City in a full-time benefitted position for at least ten (10) years to be eligible for City funding of medical insurance premiums.

2. Schedule of City Funding Premiums: Employees who have completed 10 years of service or more shall receive City funding of medical insurance premiums for "employee only" according to the following schedule (all "years" are "completed years"):
a. 10
b. 11
c. 12
d. 13
e. 14
f. 15
g. 16
h. 17
i. 18
j. 19
k. 20
years of service
years of service
years of service
years of service
years of service
years of service
= 50% premium paid by City
= 55% of premium paid by City
= 60% of premium paid by City
= 65% of premium paid by City
= 70% of premium paid by City
= 75% of premium paid by City
years of service = 80% of premium paid by City
years of service = 85% of premium paid by City
years of service = 90% of premium paid by City
years of service = 95% of premium paid by City
years of service = 100% of premium paid by City
14 9888990.1 BB030-166
Exhibit 2 151

3. Dependent Coverage: Spouse and dependent medical coverage will be made available under the following terms and conditions:
a. For those employees hired after October 3, 2011: At employee's cost, but only after employee has completed 10 years of service. b. For employees hired before October 3, 2011: City funding shall be provided for an employee's spouse and dependent coverage, but only after employee has completed 10 years of service.

4. Medicare: At age 65, premium payment will be reduced to provide a supplemental policy integrated with Medicare.

5. Retiree continuing medical benefits will be available to normal retirees (not disability retirees) who have reached normal retirement age as specified by PERS retirement plan in effect for bargaining unit.

6. Employees have no vested right in plan prior to reaching normal PERS retirement age.

Section I. TAKE-HOME VEHICLE
Supervisors are to take home work vehicles on a rotating shift so that only one vehicle is taken home at a time.

Section J. TECHNOLOGY ALLOWANCE
In -lieu of a City provided cellular phone, the members of the Association shall be provided one hundred dollar twenty-five dollars ($125) per month to purchase communication technology such as cellular phone equipment and cellular phone service.

ARTICLE VII PERSONNEL RULE MODIFICATIONS
City Personnel Rule Chapter 14 DISCIPLINARY ACTIONS — Chapter 14 of the City Personnel Rules shall be immediately amended to replace Section 14.02 C (1) and (2) of the City Personnel Rules with Sections A through Section E, as specified herein.

Section A DEFINITION
Discipline is the enforcement of conformity to policies, procedures, Personnel Rules, regulations, MOU provisions, and other administrative or legal requirements or practices designed to maintain a standard of cooperation and conduct necessary to carry out the mission of the organization successfully.

Section B OBJECTIVES
15 9888990.1 BB030-166
Exhibit 2 152

Disciplinary actions should be reasonably designed to effectively correct non -conforming behavior, and be in proportion to the severity of the misbehavior, with consideration being given to the employee's work history, and the likelihood of recurrence of misconduct.

2. The appointing authority shall apply disciplinary action in an equitable and consistent manner applicable to the situation and only imposed for just cause, as regards those employees having a property interest in their employment.

Section C TYPES OF DISCIPLINARY ACTION
The disciplinary actions which may be imposed include written reprimand, suspension without pay, reduction in step within a range, demotion, and dismissal. Any single action or a combination of the preceding may be used.

Disciplinary actions shall be effective following legally required notice and, where applicable, provision of pre -disciplinary due process as provided in this MOU and the Personnel Rules. These actions are defined as follows:

1. Written Reprimand: An official written notification, by the appointing authority or designee to the employee and for inclusion in the employee's personnel file, that the employee has failed to meet performance standards and/or violated policies, procedures, Personnel Rules, regulations, MOU provisions, or other administrative or legal requirements or practices. Such written notification shall state that further disciplinary action may be taken if the cause or misconduct is repeated.

2. Suspension Without Pay: The temporary placement of a City employee into an unpaid, inactive, status and consistent with prevailing policies, practices and procedures. Said suspension may result in the loss of accrual of benefits, as presently provided for in Personnel Rule 12, Section 12.01:

Authorized Leave of Absence Without Pay.

3. Reduction in Step Within a Range: The reduction in step granted for merit, efficiency, and/or length of service, which may be permanent or temporary.

4. Demotion: The movement of an employee from one classification to another classification having a lower maximum rate of pay, which may be permanent or temporary.

5. Dismissal: The discharge of an employee from City employment.

Consistent with requirements of law, employees may be placed on paid or unpaid leave during the pendency of the investigative process and the process up to and including provision of mandated pre -disciplinary due process.

Section D SEVERITY OF DISCIPLINARY ACTION
The severity of disciplinary action shall be determined after consideration of the seriousness of the violation involved, the employee's overall record with the City and any mitigating/aggravating circumstances. Consideration shall be 16 9888990.1 BB030-166
Exhibit 2 153

given to progressive discipline. However, some offenses may be the basis for disciplinary action, up to and including dismissal, on the first offense.

Section E APPEALING DISCIPLINE THAT DOES NOT IMMEDIATELY AFFECT AN

EMPLOYEE'S PAY STATUS
Disciplinary actions which do not immediately impact an employee's pay status (written reprimands) shall have a limited appeal process. Employees may appeal written reprimands up to an informal, non -evidentiary hearing with the City Manager or his designee. The City Manager's decision shall be final.

Section F APPEALING DISCIPLINE WHICH IMMEDIATELY AFFECTS AN

EMPLOYEE'S PAY STATUS
Discipline which immediately affects pay status shall be subject to the following process:

Appealable disciplinary proceedings shall be heard by an advisory hearing officer to be selected by the parties from a nine (9) person State Mediation and Conciliation Service -provided list. The advisory hearing officer shall be selected by means of the parties alternately striking names, with the last remaining name being the advisory hearing officer.

The hearing officer's determination shall be advisory only, subject to a final and binding determination being made by the City Manager.

2. A final and binding administrative disciplinary determination shall in all instances be made by the City Manager. There shall be no further stage of administrative appeal or review. The City Manager shall render a final determination based on a review of the record provided by the advisory hearing officer. At the City Manager's discretion, an argument may be allowed by the parties, but no evidence shall be presented or considered if it is not in the advisory hearing officer's record.

3. The provisions of Government Code § 1094.6 shall be applicable to petitions for writ of mandate challenging any City Manager disciplinary determination.

4. The remainder of Chapter 14 shall be amended to insure its compliance with prevailing law.

5. Pre -disciplinary meetings shall be conducted by the applicable department head and disciplinary action, if any, shall be implemented immediately following the department head's rendering of a determination following the conduct of a pre -disciplinary meeting. 17 9888990.1 BB030-166
Exhibit 2 154

6. The disciplinary appeal process shall be applied to suspensions without pay, demotions and dismissals.
7 The procedural rules governing the trial type evidentiary hearing to be conducted by the hearing officer shall also be addressed during a comprehensive review of the Personnel Rules pursuant to the Personnel Rules Reopener.

8. This Article VII shall supersede any inconsistent provisions in Chapter 14 or in other City rules, regulations or other enactments. Further, this article VII shall sunset upon the City Manager being someone other than G. Steve Simonian or Philip Wagner.
18 9888990.1 BB030-166
Exhibit 2 155

ARTICLE VIII JOINT LABOR/MANAGEMENT PERSONNEL RULES COMMITTEE During the term of this MOU, the parties shall reconvene the joint labor/management personnel rules committee. The purpose of the committee shall be to update and clarify City personnel rules. In addition to management representatives, the committee shall have not less than one representative from the City Employees' Association. Changes that result from this committee shall only be implemented with mutual agreement from the employee groups.

ARTICLE IX GENERAL FUND -BASED MOU REOPENER
In addition to the existing Bicycle Club -related reopener, the following reopener shall apply:

This memorandum of understanding shall be subject to a reopener at direction of the City Council, upon adoption by the City Council of a Resolution evidencing a finding by the Council that any or all of the following events have occurred during the term of this document:
a. Five percent (5%) or greater reduction in general fund revenues during each fiscal year for the period July 1 through December compared to the immediately preceding same period of time; and/or the period January 1 through June 30 and the same preceding period of time. The decline, if any, shall be measured by receipts during the applicable period of time, (Revenue reductions attributed to state withholding of local funds, shall be included in measuring the five percent (5%) reduction.)
b. Should the Bicycle Casino be closed down or if the revenues to the City from Casino operations fall more than 10% from the corresponding month in the previous year, and that such a drop (in excess of 10%) shall exist for three consecutive months. c. A determination by the City Council to implement this Article shall not be subject to administrative or judicial challenge.

ARTICLE X FULL UNDERSTANDING
This Memorandum of Understanding contains all the covenants, stipulations and provisions agreed upon by the parties and any other prior existing understanding or agreements by the parties, whether formal or informal, regarding any such matters are hereby superseded or terminated in their entirety.

The parties shall reopen any provision of this MOU for the purpose of complying with any final order of a federal or state agency or court of competent jurisdiction requiring a modification or change in any provision or provisions of this MOU in order to comply with state or federal laws. 19 9888990.1 BB030-166
Exhibit 2 156

It is the intent of the parties that this agreement be administered in its entirety in good faith during its full term. The Association recognizes that during such term it may be necessary for Management to make changes in rules or procedures affecting the employees in the unit and that the City will meet and confer as required by law, before implementing changes.

The parties hereto have caused this Memorandum of Understanding to be executed this 26th day of June, 2023.

Bell Gardens Public Works
Supervisors Association:

City of Bell Gardens:

Alfred Onate, Date Michael B. O'Kelly, Date
BGPWSA City Manager
Rick Moreno,
BGPWSA
Date Manuel Carrillo Date
Director of Finance & Administrative Services
20 9888990.1 BB030-166
Exhibit 2 157

EXHIBIT A TO MOU

ADDENDUM TO EDUCATION REIMBURSEMENT AND INCENTIVE

PROGRAM
For Miscellaneous City Employees
This is an addendum to and replaces the "Incentive" section of the City's Education Reimbursement and Incentive Program (see Exhibit B to MOU). This addendum applies to any and all determinations of education incentive pays on or after December 13, 2021. All existing and approved determinations of education incentive pay as of December 12, 2021 shall continue to be governed by the prior Incentive section of the Program.

The Incentive section of the program is superseded and shall now read as follows.

Purpose
In addition to the reimbursement portion of this program, it is the intent of the City to encourage completion of coordinated coursework which results in the receipt of a certificate or degree. Because there are many types of certificates and certificate programs, to be eligible for an education incentive pay, the employee shall obtain approval from their Department Head and the Personnel Department prior to starting / enrolling in any program.

Degree / Certificate Program Criteria
The certificate program that the employee is enrolled in must be in a related field and must require at least the equivalent of twenty (20) semester units. The degree shall also be in a related field in municipal government.

Incentive Amounts
Employees will receive the incentive amount in addition to their base salary. The incentive amounts will be paid on a monthly basis as follows:
• Certificate: $25 per certificate (maximum of 2)
• Associate Degree: $100 per month
• Bachelor's Degree: $150 per month
• Master's Degree: $200 per month
The aforementioned education incentive pay amounts are not cumulative and would only be paid for the highest degree(s) attained that is above the minimum job requirement. For example, an employee who has a Bachelor's degree cannot receive an incentive for also having an Associate's degree.

Exclusions
An employee is excluded from receiving a certificate incentive when the employee also has a degree in a similar field of study.

Since there is a bilingual incentive pay, which is separate from the educational incentive and is paid to those who are conversant in Spanish, any employee who received reimbursement for conversational Spanish classes will have those costs deducted from the bilingual pay incentive. 21 9888990.1 BB030-166
Exhibit 2 158

Incentive Amount Maximums
The maximum amount any one employee could receive as an education incentive pay, regardless of the number of approved certificates and degrees is $250 per month.

Sample Scenarios
Example 1: An employee, whose position requires a high school diploma or equivalent, has an Associate's degree (AA) and an approved certificate.

Incentive Amount: $125 per month ($100 for AA + $25 for certificate) Example 2: An employee, whose position requires a high school diploma or equivalent, has an Associate's degree, a Bachelor's degree (BA/BS) and an approved certificate.

Incentive Amount: $175 per month ($150 for BA/BSA + $25 for certificate); no payment for AA since paid for highest level of education obtained.

Example 3:

Example 4:

An employee, whose position requires an Associate's degree (AA), has a Bachelor's degree (BA/BS) and an approved certificate.

Incentive Amount: $175 per month ($150 for BA/BSA + $25 for certificate) An employee, whose position requires a Bachelor's degree (BA/BS), has a Master's degree (MA/MS) and an approved certificate.

Incentive Amount: $225 per month ($200 for MA/MS + $25 for certificate) Procedures
Employees who wish to receive an education incentive pay shall follow these steps:

1. Request the educational institution to send a certified transcript (sealed official transcript) showing the degree or certificate to the Personnel Department.

2. The Personnel Department shall review the certified transcript for eligibility. Should the Personnel Department determine that the employee is eligible to receive the incentive, Personnel shall (initiate) cause a Personnel Transaction Form (PAF) showing the incentive to be paid.

3. Upon receipt of the completed and signed PAF by Finance, the amount will be entered into the payroll system for payment on the next payroll check.

4. It is understood that there will be delays in receipt and processing of the education incentive pay. The incentive shall not be paid retroactively, but will start when all processing has been completed.
22 9888990.1 BB030-166
Exhibit 2 159

EXHIBIT B TO MOU

EDUCATION REIMBURSEMENT AND INCENTIVE PROGRAM
For Miscellaneous City Employees
The Education Reimbursement and Incentive Program is designed to provide an incentive to Miscellaneous City employees for their education and training that will be beneficial to the City, the employee and the community__ It is intended to:

1. Assist employees in developing basic skills and knowledge.

2. Assist employees in broadening their knowledge and experience in their occupational field.

3. Prepare employees for advancement to position of greater responsibility within the City service.

4. increase the overall knowledge base of City employees to provide for a more objective approach in carrying out the responsibilities of City Government.

This program is designed for ethers s which require college level participation, lead to a G.E.D. and/or enhance skills beneficial to the City. Normally this includes multi -meeting courses at accredited colleges, universities, junior colleges and adult schools. Exceptions can be approved by a majority vote of the Education Committee.

The Education Committee shallconsist of the Personnel Director, as the chair; Finance Director and one representative of each, the police department, "city hall" employees, recreation/transit employees and public works/facilities employees.

REIMBURSEMENT
Reimbursement may be made for tuition, registration fees (but not late fees), laboratory fees, parking fees, student fees and one-half of the cost of required course books. Books will remain the property of the employee and they can either keep the books or sell the books back to the school. All items submitted for reimbursement shall be included on the Education Reimbursement Form when it is submitted for initial approval by Personnel..

All approved undergraduate courses must be completed with a minimum final grade of "C" or its equivalent for each course. All graduate courses must be completed with a minimum final grade of "B" or its equivalent for each course. Courses which are taken on audit or incomplete basis are not eligible for reimbursement. Approved courses which do not result in a grade must be attended on a regular basis throughout their duration, and proof of satisfactory completion must be supplied to Personnel.

Page 1 of 4 ends

23 9888990.1 BE030-166
Exhibit 2 160

Reimbursement can be made prior to registration in approved courses. If the employee chooses the option of reimbursement prior to completion of the course, the employee will be required to reimburse the City if the employee doesn't successfully complete the course as outlined in this program. This reimbursement must occur prior to any additional reimbursements or prior to separation of employment. Costs for a specific course and associated costs will be reimbursed only once. Each employee shall be eligible for a reimbursement not to exceed $1,100 per fiscal year.

Courses must present a reasonable likelihood that the City and the employee will receive some long-term benefit. Courses must possess sufficiently hard curriculum to be viewed as legitimate academic pursuits in government related felds. Courses which are geared to the personal satisfaction or enjoyment of the employee are not reimbursable..

PROCEDURE
Employees who wish to participate in the reimbursement portion of the program should follow these steps:

1. Obtain the necessary form from Personnel,
Complete the form and submit it to the Personnel Director for review and approval/disapproval.

Personnel will review the request and provide the employee with a written response as to the acceptability of the request within 15 days.

4. if reimbursement is requested prior to completion of an approved course,. as indicated on the form, Personnel will prepare a "Demand for Payment" and submit it to Finance for payment through a City check. 5 Upon completion of an approved course, the employee shall request the institution to certify satisfactory completion of the course work. This certification shall be submitted to Personnel no later than 60 days after the completion of the course. If reimbursement has not occurred prior to this time, Personnel shall prepare a "Demand for Payment" and submit it to Finance for payment through a City check.

6. The amount the employee is reimbursed is charged against the employees maximum amount for the fiscal year in which the payment is made - not the year in which the course was taken.

Page 2 of 4 ends

24 9888990.1 BE030-166
Exhibit 2
161

iNC-ENTIVE
in addition to the reimbursement portion of this program, it is the intent of the City to encourage completion of coordinated course work which results in the receipt cf a. certificate or degree.

The incentive amount will be added to the salary base of employees. Because there are many types of certificates and certificate programs, the employee shall obtain approval from the Education Committee prior to starting a program_ ft is the intent that a certificate program be in a related field and that it require at least the equivalent of twenty (20) semester units. The degree also shall be in a related field in municipal government.

The incentive amount, on a monthly basis, is as follows:

Certificate
Associate Degree
Bachelors Degree
Masters Degree
$25 per certificate (maximum cf 2)
$100 per month
$150 per month
$200 per month
The abovo amounts are cumulative and would only be paid for the degree(s) above the minimum job requirement as outlined in Exhibit "A"', however, there would be no certificate incentive when an employee also has a degree in a similar field of study. The maximum amount any one employee could receive, regardless of the number of approved certificates and degrees would be $250 per month. If an employee has a bachelors degree it would be assumed they had an associate degree. Some examples, for clarification, of the calculation of the incentive amount are as follows:

EXAMPLE 1:

EXAMPLE 2:

EXAMPLE 3:

An employee, whose position requires high school diploma has an Associates Degree and an approved certificate-.. Their incentive amount would be $125 per month; ($100 far the AA degree, $25 for the certificate).

An employee, whose position requires a high school diploma, has a bachelors degree and an approved certificate. Their incentive amount would be $250 per month; ($100 for the AA degree, $150 for the BA degree, n© additional amounts since the maximum incentive amount is $250).

An employee, whose position requires an AA degree has a bachelors degree and an approved certificate. Their incentive amount would be $175 per rnonth; ($150 for the BA degree and $25 for the certificate).

Page 3 of 4 ends

Diu
25 9888990.1 BE030-166
Exhibit 2 162

Since a bilingual incentive which would be over and above the educational incentive, is paid for those who are conversant in.

S nish, any employee who received reimbursement for conversational Spanish classes will have those costs deducted from the bilingual incentive pay.

PROCEPURE
Employees who wish to ro►give an educational incentive shall follow these steps:

Request the educational institution to send a certified transcript showing the degree or certificate to Personnel.

After reviewing the i} dified transcript arid determining the eligibility to receive the incentive, Personnel shall cause a Personnel Action Form PAP showing the incentive amount to be paid.
3, Upon receipt of the completed and signed PAP by Finance, the amount will be entered into the payroll system for payment on the next payroll check,

4. It is understood that there will be delays in receipt and processing of the educational incentive. It is the intent that the incentive not be paid retroactively, but start when all processing has been completed..

The list of the required educational standards shall be included in the Salary Resolution as adopted by the City Council and is incorporated herein by reference.

Codes. Education requirements are identified a rding to the following schedule:
1 High School Diploma orG.E.D.
2 opiate -of Arts Degree
3 Bachelor of Arts or Science
4 Masters Degree

Page 4 ends

4'. k !Fe€ruary 22, 1394
87 26
9888990.1 BB030-166
Exhibit 2 163

CITY OF BELL GARDENS

OFFICE OF THE CITY MANAGER

AGENDA REPORT
Item 12.

TO:

FROM:

BY:

Honorable Mayor and City Council Members
Michael B. O'Kelly, City Manager
Scott Fairfield, Chief of Police
Paul Camacho, Captain
SUBJECT: APPROVAL TO ENTER INTO A CONTRACT WITH BLACK & WHITE EMERGENCY VEHICLES INC.

DATE: June 26, 2023
RECOMMENDATION:

It is staff's recommendation that the City Council:
1 Approve an agreement with Black and White Emergency Vehicles, Inc. for the purchase and installation of emergency and communications equipment for one previously purchased Ford Police Interceptor Utility vehicle that was approved by City Council on September 12, 2022 (Resolution 2022-93); and 2 Adopt a resolution authorizing the City Manager to execute an agreement with Black and White Emergency Vehicles, Inc.

BACKGROUND/DISCUSSION:

On September 12, 2022, the City Council approved the purchase of a new 2023 Ford Explorer Police Interceptor Utility vehicles for the Police Department's Patrol Division (Resolution No. 2022-93). As previously mentioned in that agenda report, the purchase did not include required emergency and communications equipment to include the radio, emergency lights, siren, light controls, window barriers, weapon rack/lock, cargo equipment, Mobile Digital Computer, in -car video system, and miscellaneous components.

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

Pursuant to Bell Gardens Municipal Code Section ("BGMC") 3.04.100(A), the City's formal purchasing procedures may be dispensed when the City Council (for purchases of more than $10,000) finds that such supplies or equipment are unique because of their quality, durability, availability, or fitness for a particular use and are available only from one source, or, if available from more than one source, bidding is not likely to result in the lowest price.

Black & White Emergency Vehicles, Inc. is the only known installation service company that can provide all the 164

necessary emergency and electronics equipment. Additionally, they are an authorized installer that meets the Ford and Chevrolet manufacturer's warranty specifications for these types of installations. Lastly, utilization of this company is much more efficient for the City given that obtaining services from individual companies, would likely result in a higher cost.

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

Hence, using Black and White will expedite the outfitting process of this one police vehicle so that it can be added to the vehicle fleet as soon as possible.

CONCLUSION:

The Police Department requests approval to enter into contract with Black and White Emergency Vehicles, Inc. for the purchase and installation of the listed emergency and communications equipment for this one new 2023 Ford Explorer Police Interceptor Utility police vehicle previously purchased through Folsom Lake Ford.

FISCAL IMPACT:

The total cost for this purchase and installation is $22,234.12. The funding for the outfitting of this one vehicle was budgeted in the FY 2022-23 budget, 110-4441-3140 / Vehicles account.

ATTACHMENTS:

Exhibit 1 - Resolution No. 2023-47
Exhibit 2 - Black and White Agreement
APPROVED ELECTRONICALLY BY:

Michael B. O'Kelly, City Manager
Stephanie Vasquez, City Attorney and/or Susie Altamirano, Assistant City Attorney Manuel Carrillo, Director of Finance and Administrative Services 165

RESOLUTION NO. 2023-47

A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF BELL

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

INSTALLATION OF EMERGENCY AND COMMUNICATIONS

EQUIPMENT FOR ONE PREVIOUSLY PURCHASED FORD POLICE

INTERCEPTOR UTILITY VEHICLE TO BE USED BY THE POLICE

DEPARTMENT
WHEREAS, the Bell Gardens Police Department utilizes marked black and white vehicles for the Police Department to perform patrol operations throughout the City of Bell Gardens; and
WHEREAS, the City Council approved the purchase of a new Ford Police Interceptor Utility vehicles in Resolution No. 2022-93; and WHEREAS, the vehicle requires outfitting of emergency, communications, networking equipment, cameras, and graphics; and
WHEREAS, pursuant to Bell Gardens Municipal Code Section ("BGMC")

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

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

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

SECTION 2. The City Council approves a Contract with Black and White Exhibit 1 166

Resolution No. 2023-47
Emergency Vehicles, Inc. for the purchase and installation of emergency and communications equipment and authorizes and directs the City Manager to execute the Agreement attached to the Staff Report as Exhibit 2.

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

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

PASSED, APPROVED and ADOPTED this 26th day of June, 2023.

THE CITY OF BELL GARDENS
Alejandra Cortez, Mayor
APPROVED AS TO FORM: ATTEST:

Stephanie Vasquez
City Attorney
Daisy Gomez
City Clerk
2 of 2
Exhibit 1 167

2023

CONTRACT SERVICES AGREEMENT
(Contractor: Black & White Emergency Vehicles)
(Nature of Engagement: Installation of Emergency & Electronics Equipment for New Police Vehicle)
THIS CONTRACT SERVICES AGREEMENT (hereinafter, "Agreement") is made and entered into this 26th day of June, 2023 by and between the CITY OF BELL GARDENS, a municipal corporation (hereinafter, "CITY") and BLACK AND WHITE EMERGENCY VEHICLES (hereinafter, "CONTRACTOR"). For the purposes of this Agreement, CITY and CONTRACTOR may be referred to collectively by the capitalized term "Parties." The capitalized term "Party" may refer to CITY or CONTRACTOR interchangeably.

RECITALS
WHEREAS, CITY is a municipal corporation organized under the laws of the State of California, with power to contract for services necessary to achieve its purpose; and WHEREAS, CITY requires the installation of emergency and communications equipment which will include the radio, emergency lights, siren, light controls, interior K- 9 cage, window barriers, weapon rack/lock, cargo equipment, Mobile Digital Computer, in -car video system and miscellaneous components; and
WHEREAS, pursuant to Bell Gardens Municipal Code Section ("BGMC")

3.04.100(A), the CITY's formal purchasing procedures may be dispensed when the City Council finds that such supplies or equipment are unique because of their quality, durability, availability, or fitness for a particular use and are available only from one source, or, if available from more than one source, bidding is not likely to result in the lowest price; and
WHEREAS, Black & White Emergency Vehicles, Inc. is the only known installation service company that can provide all the necessary emergency and electronics equipment. Additionally, they are an authorized installer that meets the Ford and Chevrolet manufacturer's warranty specifications for these types of installations. Lastly, utilization of this company is much more efficient for the City given that obtaining services from individual companies, would likely result in a higher cost; and WHEREAS, CITY staff has determined that CONTRACTOR possess the skills, experience and expertise required to competently provide the services and tasks contemplated under this Agreement; and
NOW, THEREFORE, for and in consideration of the mutual covenants and conditions herein contained, CITY and CONTRACTOR agree as follows:

Section 1. Description of the Work.

A. Subject to the terms and conditions of this Agreement, CONTRACTOR agrees to provide CITY with installation of emergency and communications equipment which will include the radio, emergency lights, siren, light controls, interior K-9 cage, Exhibit 2 1t8

window barriers, weapon rack/lock, cargo equipment, Mobile Digital Computer, in - car video system and miscellaneous components. The various tasks and related services to be performed by CONTRACTOR are more specifically described in the Quote of CONTRACTOR entitled "Black & White Quote Estimate #2220 2023 Patrol Build" (hereinafter, the "CONTRACTOR QUOTE") dated June 14, 2023, which is attached and incorporated hereto as Exhibit "A". The capitalized term "Work" shall be a collective reference to all the various services and tasks referenced in the Scope of Work. In the event of any conflict or inconsistency between the provisions of the Scope of Work and the provisions of this Agreement to which the Scope of Work is attached, the provisions of this Agreement shall govern and control.

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

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

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

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

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

Section 2. Prosecution of Work.

A. Time is of the essence for this Agreement and each and every provision contained herein. The Work shall be commenced within three (3) calendar days of CITY's issuance of a written notice to proceed ("Notice to Proceed"). The Work shall be completed within two (2) weeks from the CITY's issuance of the Notice to Proceed (hereinafter, the "Completion Date").

Exhibit 2
1269

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

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

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

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

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

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

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

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

CONTRACTOR's total compensation during the Term of this Agreement shall not exceed the aggregate sum of TWENTY-TWO THOUSAND TWO HUNDRED THIRTY-FOUR DOLLARS TWELVE CENTS ($22,234.12) (hereinafter, the "Aggregate Not -to -Exceed Sum"). CONTRACTOR further agrees that the Aggregate Not -to -Exceed Sum is inclusive of compensation for all labor, materials, tools, supplies, equipment, services, tasks and incidental and customary work necessary to competently perform and timely complete the Work. CONTRACTOR shall have no right or entitlement to any overage contingency sums authorized by the City Council as part of the approval of this Agreement, unless the City Representative authorizes the expenditure of such overage contingency funds in writing in the City Representative's sole and absolute discretion.

Exhibit 2
f3ro

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

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

A. CONTRACTOR shall perform all work skillfully, competently and to the highest standards applicable to the CONTRACTOR's field;
B. CONTRACTOR represents and maintains that it is skilled in the professional calling necessary to perform the Services;
C. CONTRACTOR shall perform all work in a manner reasonably satisfactory to the CITY;
CONTRACTOR shall comply with all applicable federal, state and local laws and regulations, including the conflict of interest provisions of Government Code Section 1090 and the Political Reform Act (Government Code Section 81000 et seq.). CONTRACTOR's compliance with applicable laws will include, without limitation, compliance with all applicable Cal/OSHA requirements and applicable regulations of the Federal Department of Housing and Urbanization; E. CONTRACTOR understands the nature and scope of the Work to be performed under this Agreement as well as any and all schedules of performance; F All of CONTRACTOR's employees and agents (including but not limited to CONTRACTOR's subcontractors and subconsultants) possess sufficient skill, knowledge, training and experience to perform those services and tasks contemplated under this Agreement;
G. All of CONTRACTOR's employees and agents (including but not limited to CONTRACTOR's subcontractors and subconsultants) possess all licenses, permits, certificates, qualifications and approvals of whatever nature that are legally required to perform the tasks and services contemplated under this Agreement and all such licenses, permits, certificates, qualifications and approvals shall be maintained throughout the term of this Agreement; and Exhibit 2
CONTRACTOR shall at all times employ such force, plant, materials, and tools as 1411

will be sufficient in the opinion of the CITY to perform the Services within the time limits established, and as provided herein. It is understood and agreed that said tools, equipment, apparatus, facilities, labor, and material shall be furnished and said Services performed and completed as required by the Agreement, and subject to the approval of the CITY's authorized representative. The quality of Services shall meet or exceed those standards established by the CITY or the City or County of jurisdiction.

The Parties acknowledge and agree that CONTRACTOR shall perform, at CONTRACTOR's own cost and expense and without any reimbursement from CITY, any services or tasks necessary to correct any errors or omissions caused by CONTRACTOR's failure to comply with the standard of care set forth under this Section or by any like failure on the part of CONTRACTOR's employees, agents, contractors, subcontractors and subconsultants. Such effort by CONTRACTOR to correct any errors or omissions shall be commenced immediately upon their discovery by either Party and shall be completed within seven (7) calendars days from the date of discovery or such other extended period of time authorized by the City Representative in writing and absolute discretion. The Parties acknowledge and agree that CONTRACTOR's acceptance of any work performed by CONTRACTOR or on CONTRACTOR's behalf shall not constitute a release of any deficiency or delay in performance. The Parties further acknowledge, understand and agree that CONTRACTOR has relied upon the foregoing representations of CONTRACTOR, including but not limited to the representation that CONTRACTOR possesses the skills, training, knowledge and experience necessary to perform the Work in a skillful and competent manner equivalent to, the standard of performance generally recognized as being employed by professionals performing the same type of work and services in the State of California.

Section 6. Representatives.

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

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

Section 7. Contractor's Personnel
Exhibit 2
15/2

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

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

CONTRACTOR shall have the sole obligation to pay for any fees, assessments and taxes, plus applicable penalties and interest, which may be imposed by law and arise from or are necessary for the CONTRACTOR's performance of the Work, and shall indemnify, defend and hold harmless CITY against any such fees, assessments, taxes, penalties, or interest levied, assessed, or imposed against CITY hereunder.

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

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

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

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

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

Should one or more of such personnel become unavailable, CONTRACTOR may substitute other personnel of at least equal competence upon written approval of CITY.

In the event that CITY and CONTRACTOR cannot agree as to the substitution of key personnel, CITY shall be entitled to terminate this Agreement for cause. As discussed below, any personnel who fail or refuse to perform the Services in a manner acceptable to the CITY, or who are determined by the CITY to be uncooperative, incompetent, a threat to the adequate or timely completion of the Project or a threat to the safety of persons or property, shall be promptly removed from the Project by the CONTRACTOR at the request of the CITY.

Section 9. [Reserved - No Text]
Exhibit 2 1673

Section 10. Prevailing Wages and General Labor Compliance and Reporting.

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

1. In accordance with California Labor Code Section 1810, eight (8) hours of labor in performance of the Work shall constitute a legal day's work under this Contract. CONTRACTOR and any subcontractor shall pay workers overtime pay (not less than 1 1/2 times the base rate of pay) as required by California Labor Code Section 1815. CONTRACTOR and any subcontractor shall, as a penalty to the CITY, forfeit twenty-five dollars ($25) for each worker employed in the execution of the contract by the respective contractor or subcontractor for each calendar day during which the worker is required or permitted to work more than 8 hours in any one calendar day and 40 hours in any one calendar week in violation to the provisions of Article 3 of Chapter 1 of Part 7, Division 2 of the California Labor Code, which is incorporated by this reference as though fully set forth herein.

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

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

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

D. CONTRACTOR shall comply with the provisions of Section 1775 of the California Labor Code and shall, as a penalty to CITY, forfeit up to fifty dollars ($50) for each calendar day, or portion thereof, for each worker paid less than the prevailing rate of per diem wages for each craft, classification, or type of worker needed to Exhibit 2 174

execute the contract. CONTRACTOR shall pay each worker an amount equal to the difference between the prevailing wage rates and the amount paid worker for each calendar day or portion thereof for which a worker was paid less than the prevailing wage rate. CONTRACTOR is required to pay all applicable penalties and back wages in the event of violation of prevailing wage law, and CONTRACTOR and any subcontractor shall fully comply with California Labor Code Section 1775, which is incorporated by this reference as though fully set forth herein.

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

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

G. In accordance with the provisions of Article 5, Chapter 1, Part 7, Division 2 (commencing with Section 1860), and Chapter 4, Part 1, Division 4 (commencing with Section 3700) of the California Labor Code, CONTRACTOR is required to secure the payment of compensation to its employees and for that purpose obtain and keep in effect adequate Workers' Compensation Insurance and Employers Liability Insurance. If CONTRACTOR, in the sole discretion of the CITY satisfies the CITY of the responsibility and capacity under the applicable Workers' Compensation Laws, if any, to act as self -insurer, CONTRACTOR may so act, and in such case, the insurance required by this paragraph need not be provided.

CONTRACTOR is advised of the provisions of Section 3700 of the California Labor Code, which requires every employer to be insured against liability for Workers' Compensation or to undertake self-insurance in accordance with the provisions of that Code and shall comply with such provisions and have Employer's General Liability limits of $1,000,000 per accident before commencing the performance of the Work of this Contract. The Notice to Proceed with the Work under this Contract will not be issued, and CONTRACTOR shall not commence the Work, until CONTRACTOR submits written evidence that it has obtained full Workers' Compensation Insurance coverage for all persons whom it employs or may employ in carrying out the Work under this Contract. This insurance shall be in accordance Exhibit 2
1875

with the requirements of the most current and applicable state Workers' Compensation Insurance Laws. In accordance with the provisions of Section 1861 of the California Labor Code, CONTRACTOR in signing this Contract certifies to the CITY as true the following statement: "I am aware of the provisions of Section 3700 of the Labor Code which requires every employer to be insured against liability for Workers' Compensation or to undertake self-insurance in accordance with the provisions of that Code, and I will comply with such provisions before commencing the performance of the work of this contract." A subcontractor is not allowed to commence Work on the project until verification of Workers' Compensation Insurance coverage has been obtained and verified by CONTRACTOR and submitted to the City Engineer for the CITY's review and records.

H. In accordance with the provisions of Section 1727 of the California Labor Code, the CITY, before making payment to CONTRACTOR of money due under a contract for public works, shall withhold and retain therefrom all wages and penalties which have been forfeited pursuant to any stipulation in the contract, and the terms of Chapter 1, Part 7, Division 2 of the California Labor Code (commencing with Section 1720). But no sum shall be withheld, retained or forfeited, except from the final payment, without a full investigation by either the Division of Labor Standards Enforcement or by the CITY.

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

Section 12. Independent Contractor.

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

B. CONTRACTOR, its agents, officers, subcontractors and employees are and, at all times during the term of this Agreement, shall represent and conduct themselves Exhibit 2 1976

as independent contractors and not as employees of CITY.

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

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

D. If in the performance of this Agreement any third persons are employed by CONTRACTOR, such persons shall be entirely and exclusively under the direction, supervision, and control of CONTRACTOR. All terms of employment including hours, wages, working conditions, discipline, hiring, and discharging or any other term of employment or requirement of law shall be determined by the CONTRACTOR.

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

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

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

CONTRACTOR agrees that a clause substantially similar to this Section shall be incorporated into any sub -contract that CONTRACTOR executes in connection with the performance of this Agreement.

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

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

Exhibit 2
.97

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

Section. 15. Indemnification.

A. To the fullest extent permitted by law, CONTRACTOR hereby agrees, at its sole cost and expense, to defend, protect, indemnify, and hold harmless CITY and CITY's elected and appointed officials, officers, attorneys, agents, employees, volunteers, successors, and assigns (collectively "Indemnitees") from and against any and all damages, costs, expenses, liabilities, claims, demands, causes of action, proceedings, expenses, judgments, penalties, liens, and losses of any nature whatsoever, including fees of accountants, attorneys, or other professionals and all costs associated therewith (collectively "Liabilities"), arising or claimed to arise, directly or indirectly, out of, in connection with, resulting from, or related to any act, failure to act, error, or omission of CONTRACTOR or any of CONTRACTOR's officers, agents, servants, employees, subcontractors, materialmen, suppliers or their officers, agents, servants or employees, arising or claimed to arise, directly or indirectly, out of, in connection with, resulting from, or related to this Agreement and the performance or failure to perform any term, provision, covenant, or condition of the Agreement, including this indemnity provision. This indemnity provision is effective regardless of any prior, concurrent, or subsequent active or passive negligence by CONTRACTOR and shall operate to fully indemnify Indemnitees against any such negligence. This indemnity provision shall survive the termination of the Agreement and is in addition to any other rights or remedies which Indemnitees may have under the law or elsewhere under this Agreement. Payment is not required as a condition precedent to an Indemnitee's right to recover under this indemnity provision, and an entry of judgment against any one or more of the Indemnitees shall be conclusive in favor of the Indemnitees' right to recover under this indemnity provision.

CONTRACTOR shall pay Indemnitees for any attorney's fees and costs incurred in enforcing this indemnification provision. Notwithstanding the foregoing, nothing in this instrument shall be construed to encompass (a) Indemnitees' sole negligence or willful misconduct to the limited extent that the underlying Agreement is subject to Civil Code § 2782(a), or (b) the contracting public agency's active negligence to the limited extent that the underlying Agreement is subject to Civil Code § 2782(b). This indemnity is effective without reference to the existence or applicability of any insurance coverage(s) which may have been required under the Agreement or any additional insured endorsements which may extend to Indemnitees. Accountants, attorneys, or other professionals employed by Indemnitor to defend Indemnitees shall be selected by Indemnitees.

CONTRACTOR, on behalf of itself and all parties claiming under or through it, Exhibit 2
•H8

hereby waives all rights of subrogation and contribution against the Indemnitees, while acting within the scope of their duties, from all claims, losses and liabilities arising out of or incident to activities or operations performed by or on behalf of the Indemnitor regardless of any prior, concurrent, or subsequent active or passive negligence by the Indemnitees.

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

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

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

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

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

Section 16. Insurance.

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

1. Commercial General Liability Insurance with minimum limits of One Million Exhibit 2

Dollars ($1,000,000) for each occurrence and in the aggregate for any personal injury, death, loss or damage.

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

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

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

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

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

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

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

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

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

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

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

Exhibit 2
All insurance coverage provided pursuant to this Agreement shall not prohibit CONTRACTOR, and CONTRACTOR's employees, agents, subcontractors, or qgo

volunteers from waiving the right of subrogation prior to a loss. CONTRACTOR hereby waives all rights of subrogation against CITY, its officials, officers, employees, agents and volunteers.

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

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

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

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

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

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

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

Section 18. Termination.

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

CONTRACTOR may only terminate this Agreement for cause.

Exhibit 2
B. Termination for Cause. In the event either Party fails to perform any duty, obligation, service or task set forth under this Agreement (or fails to timely perform qg1

or properly perform any such duty, obligation, service or task set forth under this Agreement), an event of default (hereinafter, "Event of Default") shall occur. For all Events of Default, the Party alleging an Event of Default shall give written notice to the defaulting Party (hereinafter referred to as a "Default Notice") which shall specify: (i) the nature of the Event of Default; (ii) the action required to cure the Event of Default; (iii) a date by which the Event of Default shall be cured, which shall not be less than the applicable cure period set forth in this Section or if a cure is not reasonably possible within the applicable cure period, to begin such cure and diligently prosecute such cure to completion. The Event of Default shall constitute a breach of this Agreement if the defaulting Party fails to cure the Event of Default within the applicable cure period or any extended cure period allowed under this Agreement. An Event of Default shall include, but shall not be limited to the following: (i) CONTRACTOR's failure to fulfill or perform its obligations under this Agreement within the specified time or if no time is specified, within a reasonable time; (ii) CONTRACTOR's and/or its employees' disregard or violation of any federal, state, local law, rule, procedure or regulation; (iii) the initiation of proceedings under any bankruptcy, insolvency, receivership, reorganization, or similar legislation as relates to CONTRACTOR, whether voluntary of involuntary; (iv) CONTRACTOR's refusal or failure to perform or observe any covenant, condition, obligation or provision of this Agreement; and/or (v) CITY's discovery that a statement representation or warranty by CONTRACTOR relating to this Agreement is false or erroneous in any material respect, including any statement, representation or warranty set forth in the Equipment Specifications.

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

Prior to the expiration of the 3 -day cure period, CONTRACTOR may submit a written request for additional time to cure the Event of Default upon a showing that CONTRACTOR has commenced efforts to cure the Event of Default and that the Event of Default cannot be reasonably cured within the 3 -day cure period. The foregoing notwithstanding, CITY shall be under no obligation to grant additional time for the cure of an Event of Default under this subsection that exceeds seven (7) calendar days from the end of the initial 3 -day cure period; or ii. Within thirty (30) calendar days of CITY's issuance of a Default Notice for any other Event of Default under this Agreement. Prior to the expiration of the 30 -day cure period, CONTRACTOR may submit a written request for additional time to cure the Event of Default upon a showing that CONTRACTOR has commenced efforts to cure the Event of Default and that the Event of Default cannot be reasonably cured within the 30 -day cure period. The foregoing notwithstanding, CITY shall be under no obligation to grant additional time for the cure of an Event of Default under this subsection that exceeds thirty (30) calendar Exhibit 2
qg2

days from the end of the initial 30 -day cure period.

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

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

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

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

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

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

In addition to any other remedies available to CITY at law or under this Agreement in the event of any breach of this Agreement, CITY, in its sole and absolute discretion, may also pursue any one or more of the following remedies:

Exhibit 2
43 i. Upon written notice to CONTRACTOR, the CITY may immediately terminate this Agreement in whole or in part;
ii. Upon written notice to CONTRACTOR, the CITY may extend the time of performance;
iii. The CITY may proceed by appropriate court action to enforce the terms of the Agreement to recover damages for CONTRACTOR's breach of the Agreement or to terminate the Agreement; or
iv. The CITY may exercise any other available and lawful right or remedy.

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

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

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

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

Section 20. Notices. Any notices, bills, invoices, or reports required by this Agreement shall be deemed received on: (a) the day of delivery if delivered by hand or overnight courier service during CONTRACTOR's and CITY's regular business hours; or (b) on the third business day following deposit in the United States mail, postage prepaid, to the Exhibit 2
qg4

addresses heretofore below, or to such other addresses as the parties may, from time to time, designate in writing.

If to CITY:

City of Bell Gardens
7100 S. Garfield Ave.

Bell Gardens, CA 90201
Attn: Captain Paul Camacho
With a courtesy copy to:

Stephanie Vasquez
Olivarez Madruga Law Organization, LLP
500 S. Grand Ave. Floor 12
Los Angeles, CA 90071
Telephone: (213)744-0099
Facsimile: (213)744-0093
If to CONTRACTOR:

Black and White Emergency
Vehicles
590 South Vincent Avenue
Azusa, CA 91702
Attn: John Patino
Phone: (626) 334-6300
Section 21. Prohibition. CONTRACTOR shall not delegate, transfer, subcontract or assign its duties or rights hereunder, either in whole or in part, without CITY's prior written consent, and any attempt to do so shall be void and of no effect. CITY shall not be obligated or liable under this Agreement to any party other than CONTRACTOR.

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

Section 23. Entire Agreement. All documents referenced as exhibits in this Agreement are hereby incorporated in this Agreement. Except as expressly provided in this Agreement or its Exhibits, in the event of any conflict or inconsistency between the express provisions of this Agreement and provisions of any document incorporated by reference, the provisions of this Agreement shall prevail and control. This instrument contains the entire Agreement between CITY and CONTRACTOR with respect to the subject matter herein. No other prior oral or written agreements are binding on the parties.

Any modification of this Agreement will be effective only if it is in writing and executed by both CITY and CONTRACTOR.

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

Exhibit 2
Section 25. Severability. Wherever possible, each provision of this Agreement shall qg5

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

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

Section 27. Execution. This Agreement may be executed in any number of counterparts, each of which shall be deemed an original, but all of which when taken together shall constitute one and the same instrument.
[SIGNATURES ON FOLLOWING PAGE]
Exhibit 2
qg6

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

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

Michael B. O'Kelly
City Manager Name:

Date: Title:

Date:

APPROVED AS TO FORM:

By:

Stephanie Vasquez
City Attorney
Date:

Exhibit 2
?g7

EXHIBIT "A"

CONTRACTOR QUOTE
Exhibit 2
?A8

Name / Address
590 South Vincent Avenue
Azusa, CA 91702
Bell Gardens Police Department
7100 Garfield Ave.

Bell Gardens, CA 90201.

Quote
Date
Estimate #
6/14/2023
2220
Ship To
Be11 Gardens Police Department
7100 Garfield Ave.

Bell Gardens, CA 90201.

Customer
Terms
2023 Patrol Build
Net 30
Item
Description
Qty
Rate
Total
ALGT53J-P1LC
Allegiant 53 Inch Red/Blue with Red/Clear/Blue Domes
1 1,779.40
1,779.40T
PF200S17B
Pathfinder 17 Button (TB-INTG22)
1 1,278.90
1,278.90T
ESI00C
Speaker, ES00C/DynaMax, 100W, High Output
1 263.90
263.90T
ESB-U
Universal Siren Speaker Bracket for ES 100
1 25.20

25.20T
ESI00C
Speaker, ES00C/DynaMax, 100W, High Output
1 0.00

0.00T
ESB-U
Universal Siren Speaker Bracket for ES 100
1 0.00

0.00T
SIFMJH-FPIU20-P3
SpectraLux ILS Rear Low Profile Red/Amber/Blue 2020
1 1,035.30
1,035.30T
Ford Utility
BK15581TU20
Light -Ready PB450LR4 Micro Ultra 2020-2023 Ford
I
577.56
577.56T
PIU
FK0400ITU20
PB5 Fender Wraps Aluminum
1 445.56
445.56T
MPS62U-BW
Micropulse Dual Color Blue / White Push Bumper
1 159.80
159.80T
MPS62U-RW
Micropulse Dual Color Red / White Push Bumper
1 159.80
159.80T
MPS62U-RB
Micropulse Dual Color Red / Blue Push Bumper Side
2 159.80
319.60T
Freight Charge
Setina Bumper
1 200.95
200.95
416900Z-RB
Corner LED Red/Blue
4 103.35
413.40T
416900-VHB
No Drill Mount for Ford Utility
1 15.11

15.11T
MPS62U-RB
Micropulse Dual Color Red / Blue Rear Hatch
2 159.80
319.60T
CC-UV20-L-18
Troy 2020+ Ford PIU 18" Specific Console
1 486.81
486.81T

AC-INBHG
Troy 4" Internal Dual Cup Holder
1 51.84

51.84T
AC-TB-ARMMNT-58
Console Mounted Height Adjustable Swivel Arm Rest
1 172.53
172.53T
TP-E-SL6-US-SS
Troy Stash N Stow Cage with Sliding Center Window
1 858.60
858.60T
W/Square Hole -Punched Style Guard
KP-UV20-DAP-SS
2020 Pi Utility 3pc. Kick Panel w/ Foot Pockets Use with 1 185.49
185.49T
Big Boy Mount
SAB-20-FDUV-BB
2020 PI Utility Big -Boy Partition Mounting Kit
1 0.00

0.00T
PS-20-UVFX-OS-RL
Plastic Seat with OS Belts, Rear Partition Polycarbonate 1 1,944.00
1,944.00T
Window, with Fire Extinguisher Compartment
Quotes are subject to change and are Valid for 30 Days
Subtotal
Sales Tax (10.25%)
Signature
Total
Exhibit 2
590 S. Vincent Ave, Azusa, CA 91702
Office (626) 334-6300 Fax (626) 344-6301.

JPaBLACKANDWHITEEV.COI*I WW.BLACKANDWHITEEV.COM

Name / Address
590 South Vincent Avenue
Azusa, CA 91702
Bell Gardens Police Department
7100 Garfield Ave.

Bell Gardens, CA 90201.

Quote
Date
Estimate #
6/14/2023
2220
Ship To
Be11 Gardens Police Department
7100 Garfield Ave.

Bell Gardens, CA 90201.

Customer
Terms
2023 Patrol Build
Net 30
Item
Description
Qty
Rate
Total
AC -20 -UV -SET
2020+ Ford PIU Driver/Passenger Side Set of
Diamond -Punched Window Screens
1 209.79
209.79T
CP-UV20-CARGO
2020+ Ford PIU Tilt -Up Cargo Mount w/Gas Shocks
1 769.50
769.50T
AC -20 -UV -TRAY
2020+ Ford PIU Electronics Tray Bolts to
1 258.39
258.39T
C P -U V 20 -CARGO

AC-DUALUSB
Dual USB Plug for Troy Face Plates
1 44.55

44.55T

CM-SDMT-SA-LED
Troy Side -Mounted Swing -Arm Computer Mount For
1 347.49
347.49T
Havis/Ledco & Kodiak Docks
MMSU-1
Magnetic Mic Single Unit
2 36.75

73.50T
Ch27.1.20/L3
27 Circuits W/ Modular Smart Start Timer and L3 bracket 1 725.00
725.00T
for Ford Utility with 20ft long Output Wires.

C3RNRDC-72L-BWRW
72" Running Board Left Wire Exit, BWRW
1 438.84
438.84T
C3RNRDC-72R-BWRW
72" Running Board Right Wire Exit, BWRW
1 438.84
438.84T

RNRBKT-PIU
Running Board Light Bracket
2 24.61

49.22T
CP-GB203212-TL
UV Gun Box, Half Size
1 1,389.15
1,389.15T
GK11191BISSSCA
Setina Dual T -Rail Mount 1 SM 1 1.080E Blac-Rac
1 996.00
996.00T

WIRE&TERMINALS
Wire, Terminals, Tie -Wraps, & Hardware
1 260.00
260.00T

FULL,BUILD
Installation of all Emergency Equipment and Customer
1 3,850.00
3,850.00
provide Two Way Radio and Computer into a 2023 Ford
Utility Police Vehicle.

Quotes are subject to change and are Valid for 30 Days
Subtotal $20,543.62
Sales Tax (10.25%) $1,690.50
Signature
Total $22,234.12
Exhibit 2
590 S. Vincent Ave, Azusa, CA 91702
Office (626) 334-6300 Fax (626) 344-6301.

JPaBLACKANDWHITEEV.COI VW.BLACKANDWHITEEV.COM

CITY OF BELL GARDENS

OFFICE OF THE CITY MANAGER

AGENDA REPORT
Item 13.

TO:

FROM:

BY:

Honorable Mayor and City Council Members
Michael B. O'Kelly, City Manager
Bernardo I niguez, Director of Public Works
Douglas Benash, P.E. City Engineer
SUBJECT: ADOPT A RESOLUTION AUTHORIZING THE INSTALLATION OF RED CURB 'NO

PARKING' RESTRICTIONS AT THE INTERSECTION OF EASTERN AVENUE AND

PRIORY STREET
DATE: June 26, 2023
RECOMMENDATION:

It is staff's recommendation that the City Council by motion adopt the attached Resolution authorizing the installation of the following parking restrictions:

1. Fifty feet of red curb 'no parking' restrictions at the northwest corner of the intersection of Eastern Avenue and Priory Street;

2. Forty feet of red curb 'no parking' restrictions at the southeast corner of the intersection of Eastern Avenue and Priory Street; and

3. Twenty feet of red curb 'no parking' restrictions at the northeast corner of intersection of Eastern Avenue and Priory Street.

BACKGROUND/DISCUSSION:

The Department of Public Works received a request from Officer Eric A. Perez, Bell Gardens Police Department, to evaluate the intersection of Eastern Avenue and Priory Street due to safety concerns with vehicles turning onto Eastern Avenue from Priory Street.

The City Engineer completed a site investigation of the location to confirm existing roadway and sight distance conditions.

CONCLUSION:

After a review of the existing site conditions, the City Engineer determined that installing 50 feet of red curb at the northwest corner of the intersection; 40 feet of red curb at the southeast corner of the intersection; and 20 feet of red curb at northeast corner of the intersection would improve sight distance for left turning motorists travelling eastbound and westbound on Priory Street. Installing 50 feet of red curb at the northwest corner would match the length of existing southbound right -turn only lane at the intersection.

The recommendations were approved for City Council consideration by the Traffic and Safety Commission on June 6, 2023.

FISCAL IMPACT:
191

The estimated cost for the installation of red curb is approximately $800 and is available in the current Street Maintenance Budget.

ATTACHMENTS:

Exhibit 1 - Resolution No. 2023-48
Exhibit 2 - Master Parking Resolution
Exhibit 3 - Proposed Improvements
APPROVED ELECTRONICALLY BY:

Michael B. O'Kelly, City Manager
Stephanie Vasquez, City Attorney and/or Susie Altamirano, Assistant City Attorney Manuel Carrillo, Director of Finance and Administrative Services 192

RESOLUTION NO. 2023-48

A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF BELL
GARDENS, CALIFORNIA, AMENDING RESOLUTION NO. 2005-15
SECTION 1A 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 1A of Resolution No. 2005-15 to add an area of red curb 'no parking' restrictions at all times; and
WHEREAS, the City Council desires to add Item Numbers 171, 172, and 173 to Section 1A.

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

SECTION 2. Resolution No. 2005-15 is hereby amended as to section 1A of said resolution to add areas of red curb 'no parking' restrictions at all times as follows:

Section 1A:
171. The west side of Eastern Avenue from a point four hundred and fifty feet from the prolongation of the south curb line of Live Oak Street to a point five hundred feet southerly thereof,
172. The east side of Eastern Avenue from a point two hundred and ninety feet from the prolongation of the north curb line of Clara Street to a point three hundred thirty feet northly thereof,
173. The east side of Eastern Avenue from a point thirty feet from the prolongation of the north curb line of Priory Street to a point fifty feet northerly 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 'no parking' restrictions at all times (red curb) as described in the preceding paragraph.

Exhibit 1 193

Resolution No. 202348
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 26th day of June, 2023.

THE CITY OF BELL GARDENS
Alejandra Cortez, Mayor
APPROVED AS TO FORM: ATTEST:

Stephanie Vasquez
City Attorney
2 of 2
Daisy Gomez
City Clerk
Exhibit 1 194

PARKING RESOLUTION
Updated: 1-9-2023

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 16 in Section 5E.

NOW, THEREFORE, THE CITY COUNCIL OF THE CITY OF BELL GARDENS FINDS, DETERMINES, AND RESOLVES AS FOLLOWS:

SECTION 1. The stopping, standing, or parking of a vehicle upon any of the following streets or parts thereof shall be prohibited, pursuant to Section 13.20.120 of the Bell Gardens Municipal Code, at all times or during such other hours as are set forth herein:

A. At all times.

1. The north side of Gage Avenue from a point eight hundred fifty-five (855) feet east of the prolongation of the east curb of Garfield Avenue to a point two hundred (200) feet west of the prolongation of the west curb of Darwell Avenue;

2. The south side of Gage Avenue from a point five hundred seventy-five (575) feet west of the prolongation of the east curb of Garfield Avenue to the prolongation of the east curb of Ira Avenue;

3. On the north and south sides of Gage Avenue from Specht Avenue to Eastern Avenue;

4. On the north and south sides of Gage Avenue from the prolongation of the easterly curb of Eastern Avenue to a point two hundred (200) feet easterly thereof;

5. On the north and south sides of Gage Avenue from a point two hundred (200) feet west of the prolongation of the westerly curb of Colmar Avenue to a point two hundred (200) feet east of the prolongation of the easterly curb of Colmar Avenue;

6. On the north and south sides of Gage Avenue from a point two hundred (200) feet west of the prolongation of the westerly curb of Jaboneria Road to a point two hundred (200) feet east of the prolongation of the easterly curb of Jaboneria Road;

7. The east side of Darwell Avenue from the prolongation of the northerly curb of Florence Avenue to a point six hundred twenty (620) feet north of the prolongation of the northerly curb of Loveland Avenue;
1 Exhibit 2 195

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 2 196

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 2 197

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 2 198

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 EI Selinda Avenue to a point one hundred thirty (130) feet east of the prolongation of the east curb line of EI 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 2 199

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 2 200

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 2 201

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 2 202

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 2 203

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 2 204

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; (Reno 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. 2017-56 12-11-17) 11 Exhibit 2 205

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 2 206

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)
163. On the east side of Emil Avenue from a point two hundred and seventy-four (274') feet north of the prolongation of the north curb line of Suva Street to a point two hundred eighty-four (284') feet northerly thereof; (Reso 2022-85 08-18-22)
164. On the west side of Emil Avenue from a point two hundred and eighty- four (284') feet south of the prolongation of the south curb line of Foster Bridge Blvd to a point two hundred and ninety-four (294') feet southerly thereof; (Reso 2022-85 08-18-22)
165. Not used. The south side of Florence plc. from a point nine hundred thirty four (934) feet west of the prolongation of the west curb line of Sudan Ave. to a point nine hundred sixty six (966) feet westerly thereof (installed Dec 2022)
166. The north side of Gotham Street from a point one thousand two hundred twenty seven (1227) feet west of the west prolongation of Gephart Avenue to a point one thousand two hundred forty seven (1247) feet westerly thereof; (Reso 2022-130 12/12/22)
167. The east side of Jaboneria Road from a point five hundred thirty two (532) feet from the east prolongation of Eastern Avenue to a point five hundred eighty three (583) feet northerly thereof; (Reso 2022-130 12/12/22)
168. The east side of Jaboneria Road from a point fifteen (15) feet from the north prolongation of Gotham Street to a point seventy five (75) feet northerly thereof; (Reso 2022-130 12/12/22)
13 Exhibit 2 207

169. The north side of Florence Place from a point five hundred -thirty (530) feet from the prolongation of the west curb line of Garfield Avenue to a point five hundred -fifty (550) feet westerly thereof; (Reso. 2023-05 1/09123) 170. The east side of Garfield Avenue from a point six hundred forty-four (644) feet from the prolongation of the north curb line of Eastern Avenue to a point six hundred sixty-nine (669) feet northerly thereof; (Reso. 2023-07 1/09/23)
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;
14 Exhibit 2 208

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. Street;
The east side of Jaboneria Road between Quinn Street and Muller 15 Exhibit 2 209

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:
16 Exhibit 2 210

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 EI 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 EI 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 (EI 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:
17 Exhibit 2 211

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; (Reso 2017-16 4/10/17)
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; (Reso 2017-16 4-10-17)
E. The following streets or portions thereof are excepted from the prohibitions contained in this Section 4:

1. Both sides of Florence Avenue;
18 Exhibit 2 212

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)

7. The west side of Garfield (8327 Garfield Avenue) from a point two hundred and fifty eight (258) feet south of the prolongation of the south curb line of Fostoria Street to a point two hundred seventy eight (278) feet southerly thereof; (Reso 2022-126 12/12/22)
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;
19 Exhibit 2 213

2. The south side of Scout Avenue from the prolongation of the west curb line of Gotham Street to a point ninety (90) feet easterly thereof;

3. The south side of Quinn Street from a point one hundred (100) feet west of the prolongation of the west curb line of Jaboneria Road to a point one hundred fifty-seven (157) feet westerly thereof;

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;
20 Exhibit 2 214

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;

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; (11126/07)

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 2011-04 02/14/11)

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. 2017-56 12-11-17)
Exhibit 2
315

C. Twenty Minute Zone (green curb'

1. The south side o Suva Street rom a point four hundred twenty (120) feet cast o- the pro ongation of the cast curb inc of Em' Avenue to a point our hundred seventy -ive (175) feet easter y thereo=; (Removed by Reso 2020-101 12/14/20)

2. The south side of Clara Street from a point fifty-five (55) feet west of the prolongation of the west curb line of Ramish 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 east side of Emi Avenue "rom a point ourteen ( 1) feet south o the pro ongation of the south curb inc o Suva Street to a point -orty (10) "cot couthcr y thereo-; (Removed by Reso 2020-101 12/14/20)

5. The east side of Ajax Avenue from a point sixty-nine (69) feet north of the prolongation of the north curb line of Florence Avenue to a point ninety-eight (98) feet northerly thereof;

6. The west side of Ajax Avenue from a point eighty-seven (87) feet north of the prolongation of the north curb line of Florence Avenue to a point one hundred fifty-seven (157) feet northerly thereof;

7. The west side of Eastern Avenue from a point six hundred (600) feet south o- the pro ongation o- the south curb inc o- Love and Street to a point six hundred sixteen (6' 6) feet souther y thereof; (Removed by Reso 2020-101 12/14/20)

8. The south side of Priory Street -rom a point one hundred feet west o� the pro ongation of +he west c orb line of Eastern yen a to hundred -ive (205) eet wester y thereo=; (Removed by Reso 2020-101 12/14/20) i
ty (
50)

9. The east side of Eastern Avenue, between the points six hundred twenty =ive (625) -cat and s'x hundred sixty =ive (665) -cat north o- the pro ongation of the north curb o F orcncc Avenue; (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. The west side of Ramish Avenue rom a point seventy five (75) -eet south o the pro ongation o- the south curb o- C ara Street to a point one hundred ten ('' 0) feet souther y thereo=; (Removed by Reso 2020-101 12/14/20) Exhibit 2

13. The cast s'dc o- Garfie d Avenue rom a point eight (8) feet south o the pro ongation of the south curb ine o- Ceci is Street to a point sixty (60) eet souther y thereo-; (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;

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;

20. The north side o Gage Avcnuc rom a point two hundred ninety (290) feet west of the pro ongation o- the west curb o- Darwc Avcnuc to a point thrcc

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. The west side o- Eastern Avenue -rom a point -ive hundred two (502) feet south o- the souther y pro ongation of C ara Street to a point five hundred thirty nine (539) -eet souther y thereo-; (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)
23 Exhibit 2 217

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 6:00pm except on Saturdays, Sundays and Holidays; (Reso 2021-57 7908 Eastern 6-28-21)

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.2022-5006- 13-22)
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 2008-31 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; removed by Reso. 2018-18 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 2008-31 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 2008-31 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, removed by Reso. 2018-18 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. (5942 Priory)

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). removed by Reso. 2018-18 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; removed by Reso. 2018-18 2-26-18
24 Exhibit 2 218

11. On the south side of Lanto Street from a point twenty-six (26') feet from the easterly prolongation of El Selinda Avenue to a point forty-six (46') feet easterly thereof (5900 Lanto St); (Reso 2014-25 6/23/14)

12. On the south side of Gotham Street from a point seventy-one (71') feet west of the western prolongation of Ira Avenue to a point ninty-one (91') feet westerly thereof (6142 Gotham St); (Reso 2016-27 7/25/16)

13. The south side of Fostoria Street from a point four hundred thirty (430') feet east of the east prolongation of Eastern Avenue to a point four hundred fify (450') feet easterly thereof (5844 Fostoria St); (Reso. 2017-57 12-11-17)

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; (6536 Ajax Ave) (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. (BG Elementary) (Reso .2022-4906/13/22)

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; (61 13 1/2 Gallant St) (Reso 2022-110 11109/2022)

17. The west side of Garfield (8327 Garfield Avenue) from a point two hundred and seventy eight (278) feet south of the prolongation of the south curb line of Fostoria Street to a point two hundred ninety eight (298) feet southerly thereof; (Public Works) (Reso 2022-126 12/12/22)
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.
25 Exhibit 2
219

SECTION 9. The City Clerk shall certify to the adoption of this Resolution.

PASSED, APPROVED, and ADOPTED this 28th day of November, 2011.

APPROVED AS TO FORM:

CITY ATTORNEY MAYOR
ATTEST:

CITY CLERK
26 Exhibit 2 220

EXHIBIT 3
Existing Conditions
Proposed Improvements

1. Install 50 feet of red curb at northwest corner of the intersection.

2. Install 40 feet of red curb at southeast corner of the intersection.

3. Install 20 feet of red curb at northwest corner of intersection.

Exhibit 3 221

CITY OF BELL GARDENS

OFFICE OF THE CITY MANAGER

AGENDA REPORT
Item 14.

TO:

FROM:

BY:

Honorable Mayor and City Council Members
Michael B. O'Kelly, City Manager
Bernardo I niguez, Director of Public Works
Douglas Benash, P.E. City Engineer
SUBJECT: INSTALLATION OF SPEED LIMIT SIGNS ON GREENWOOD AVENUE SOUTH OF

GAGE AVENUE
DATE: June 26, 2023
RECOMMENDATION:

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

1. Authorize the installation of 25 MPH speed limit signs facing northbound and southbound traffic on Greenwood Avenue south of Gage Avenue; and

2. Request traffic enforcement from the Police Department to enforce compliance with the posted stop signs and speed limits.

BACKGROUND/DISCUSSION:

The Department of Public Works received a request to evaluate the need for speed limit signs to encourage motorists to slow down on Greenwood Avenue, south of Gage Avenue.

The City Engineer completed a site investigation of the location to confirm existing roadway conditions. Greenwood Avenue, south of Gage Avenue, is a residential street with a prima facie speed limit of 25 MPH. The length of the public street is approximately 500 feet long and it leads into a private street.

CONCLUSION:

After a review of the existing site conditions, the City Engineer determined that the installation of 25 MPH speed limit signs facing northbound and southbound traffic on Greenwood Avenue, along with enforcement by the Bell Gardens Police Department, should result in a higher level of compliance with the prima facie speed limit of 25 MPH.

The recommendations were approved for City Council consideration by the Traffic and Safety Commission on June 6, 2023.

FISCAL IMPACT:

The estimated cost for the installation of speed limit signs is approximately $750 and is available in the current Street Maintenance Budget.

ATTACHMENTS:
222

Exhibit 1 - Proposed Improvements
APPROVED ELECTRONICALLY BY:

Michael B. O'Kelly, City Manager
Stephanie Vasquez, City Attorney and/or Susie Altamirano, Assistant City Attorney Manuel Carrillo, Director of Finance and Administrative Services

EXHIBIT 1
Existing Conditions
Proposed Improvements
�im•w. 'a9to

1. Install 25 MPH speed limit signs facing northbound and southbound traffic.

2. Plan regular speed enforcement by the Bell Gardens Police Department.

Exhibit 1 224

CITY OF BELL GARDENS

OFFICE OF THE CITY MANAGER

AGENDA REPORT
Item 15.

TO: Honorable Mayor and City Council Members
FROM: Michael B. O'Kelly, City Manager
BY: Elizabeth Nava, Director of Recreation and Community Services SUBJECT: APPROVAL OF MEMORANDUM OF UNDERSTANDING AND TEFAP AGREEMENT

WITH THE LOS ANGELES REGIONAL FOOD BANK
DATE: June 26, 2023
RECOMMENDATION:

BACKGROUND/DISCUSSION:

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

Throughout 2020, the Los Angeles Regional Food Bank provided the City with food resources at three (3) major food distributions. Staff recognized the need to further provide monthly access to food to sustain families in the Community.

Staff at the Community Family Resource Center will register families and distribute food on the third Saturday of each month. Staff is proposing to provide 500 food boxes monthly, with capacity to increase to 700 monthly if necessary. During the months of November and December the capacity for these distributions will increase to 1500 each.

CONCLUSION:

Staff recommends continuing to provide food boxes monthly to the families of Bell Gardens.

FISCAL IMPACT:

Funding for this program is included in the Fiscal Year 23-24 annual Budget for $25,000.

ATTACHMENTS:

Exhibit 1 - Resolution No. 2023-49
Exhibit 2 - MOU
Exhibit 3 - TEFAP Agreement
APPROVED ELECTRONICALLY BY:

Michael B. O'Kelly, City Manager
Stephanie Vasquez, City Attorney and/or Susie Altamirano, Assistant City Attorney 225

Manuel Carrillo, Director of Finance and Administrative Services 226

RESOLUTION NO. 2023-49

A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF BELL

GARDENS, CALIFORNIA APPROVING AND AUTHORIZING A

MEMORANDUM OF UNDERSTANDING BY AND BETWEEN THE CITY

OF BELL GARDENS AND THE LOS ANGELES REGIONAL FOOD BANK
WHEREAS, the City of Bell Gardens (the "City") and the Los Angeles Regional Food Bank (the "Food Bank") wish to enter into a Memorandum of Understanding ("MOU") which will allow the City to engage the Food Bank for the City's monthly food distribution program; and
WHEREAS, by entering into an MOU, the City will also be eligible to enter into the California Department of Social Services CalFresh Bureau USDA TEFAP Agency Agreement; and
WHEREAS, the City and the Food Bank desire to enter into the MOU and the USDA TEFAP Agency Agreement.

NOW, THEREFORE, THE CITY COUNCIL OF THE CITY OF BELL GARDENS DOES RESOLVE, DECLARE, DETERMINE AND ORDER AS FOLLOWS:

SECTION 2. The City Council approves the MOU and authorizes and directs the City Manager to execute the MOU and USDA TEFAP Agency Agreements attached hereto as Exhibit 2 and Exhibit 3.

SECTION 4. Subject to all applicable laws, the City Council hereby authorizes the City Manager to execute any ancillary documents relating to the MOU, including any amendments, extensions, and other documents consistent with the MOU and this Resolution.

SECTION 5. The City Clerk shall certify to the passage and adoption of this Resolution and enter it into the book of original Resolutions. The City Clerk shall attest and certify to the passage and adoption of this Resolution, and it shall become effective immediately upon its approval.
[Signatures on the following page]
Exhibit 1 227

Resolution No. 202349
PASSED, APPROVED AND ADOPTED this 26th day of June, 2023.

THE CITY OF BELL GARDENS
Alejandra Cortez, Mayor
APPROVED AS TO FORM: ATTEST:

Stephanie Vasquez
City Attorney
2 of 2
Daisy Gomez
City Clerk
Exhibit 1 228

MEMORANDUM OF UNDERSTANDING

BETWEEN THE

LOS ANGELES REGIONAL FOOD BANK AND THE CITY OF BELL GARDENS

REGARDING THE BELL GARDENS MONTHLY FOOD DISTRIBUTION PROGRAM This Memorandum of Understanding ("MOU" or "Agreement") is made by and between the Los Angeles Regional Food Bank ("Subrecipient") and the City of Bell Gardens ("City") for the purpose of partnering on the Bell Gardens Monthly Food Distribution Program ("Project"), to be conducted from July 1, 2023 through June 30, 2024, in the City and County of Los Angeles herein as "Party" and may be collectively referred to herein as "Parties."

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

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

1. MOU Contents and Objective
A. This MOU is comprised of these terms and conditions contained herein and any attached Exhibits and may be amended only by written agreement between Subrecipient and the City. Such terms and conditions are subject to change. The Recitals to this Agreement are also incorporated herein by this reference.

B. The Subrecipient certifies that the activities carried out with funds provided under this MOU will meet the Monthly Food Distribution to residents of Bell Gardens and Los Angeles County.

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

Exhibit 2

3. Term
The Term of this Agreement shall begin on the Effective Date of the Agreement and J29

continue until June 30, 2024, hereinafter referred to as the "Completion Date," unless terminated earlier as provided herein (hereinafter "Term"). Time is of the essence in the performance of services under this MOU.

4. Compensation
A. City has allocated General Funds in a not -to -exceed amount of Twenty -Five Thousand Dollars ($25,000) (hereinafter "Not -to -Exceed Amount") to the Subrecipient to assist with the program costs for activities described in the Scope of Work.

B. Subrecipient shall submit to the City a "Reimbursement Request" within thirty (30) calendar days after signing the agreement.

5. Project Management
A. For purposes of this MOU, Subrecipient designates the following Project Managers:

Los Angeles Regional Food Bank
Elizabeth Cervantes
Director of Agency Relations & Product Acquisitions
1734 East 41st Street
Los Angeles, California 90058
323.234.3030 x132
[email protected]
Recipient reserves the right to change this designation upon written notice to City.

B. For purposes of this MOU, City designates the following individual as its Project Managers:

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

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

7. Records Retention
A. Unless otherwise notified by the City, the Subrecipient shall retain all financial records, supporting documents and statistical reports related to the project identified under this Agreement. All records subject to an audit finding must be retained for five (5) years from the date the finding is made or until the finding has Exhibit 2 X30

been cleared by appropriate officials and the Subrecipient has been given official written notice.

B. The Subrecipient shall furnish and cause each of its own subrecipients or subcontractors to furnish all information and reports required hereunder and will permit access to its books, records and accounts.

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

To Subrecipient:

To City:

9. Compliance with Laws
Los Angeles Regional Food Bank
Elizabeth Cervantes
Director of Agency Relations & Product
Acquisitions 1734 East 41st Street
Los Angeles, California 90058
323.234.3030 x132
[email protected]
City of Bell
Gardens
Elizabeth
Nava
Director of Recreation and Community
Services 562-806-7650
enava ` 4bellgardens.orq
The Parties shall comply with all Federal, State, County and City laws, ordinances, rules and regulations applicable to the production of the Project.

10. Disputes
Except as otherwise provided in this MOU, if a dispute arises between the Parties to this MOU, the Parties hereto agree to use the following procedure to resolve such dispute, prior to pursuing other legal remedies:

A. A meeting shall be held promptly between the Parties that will be attended by individuals with decision -making authority (to the extent reasonably possible), who will attempt in good faith to negotiate a resolution of the dispute.

B. If the parties are unsuccessful in resolving the dispute under (a) above, they may:
agree to submit the matter to mediation, binding judicial reference, or a private adjudicator (if all Parties so agree); or
Exhibit 2 231

2. initiate litigation following advance written notice to the other Party of not less than thirty (30) days.

C. If any party should bring a legal action against the other to enforce the terms of this MOU, the prevailing party shall be entitled to recover reasonable attorneys' fees and costs, as determined by a court of competent jurisdiction in said proceeding.

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

12. Termination of MOU
A. Termination for Convenience. Either Party may terminate this MOU at any time by giving written notice to the other party of such termination at least ten (10) calendar days before the effective date of such termination.

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

13. Non -Assignment
A. Neither Party shall assign this MOU, or any part thereof, without the written consent of each Party to this MOU. Any assignment without such written consent shall be void and unenforceable.

B. The covenants and agreement of this MOU shall inure to the benefit of and shall be binding upon each of the Parties and their respective successors and assignees.

14. Indemnity
Except for the negligence or willful misconduct of the City and any of its officers, agents, employees, assigns, and successors in interest, Subrecipient undertakes and agrees to defend, indemnify, and hold harmless the City and any of its directors, officers, agents, employees, assigns, and successors in interest from and against any and all suits and causes of action, claims, losses, demands and expenses, including, but not limited to, attorney's fees and cost of litigation, damage or liability of any nature whatsoever, for death or injury to any person, including the Subrecipient's employees and agents, or damage or destruction of Exhibit 2 •32

any property of either party hereto or of third parties, arising in any manner out of, pertaining to, or incident to any alleged acts, errors or omissions of Subrecipient, its officials, officers, employees, or agents in connection with the performance of the Project or this MOU, including without limitation the payment of all consequential damages, expert witness fees and attorneys' fees and other related costs and expenses.

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

15. Insurance
Subrecipient shall, at its own expense, procure and maintain policies of insurance of the types and amounts identified under paragraphs (a) through (g) of this Section 11, below, for the duration of the MOU. The policies shall state they afford primary coverage.

A. Minimum Scope of Insurance — Coverage shall be at least as broad as:

1. Insurance Services Office Commercial General Liability coverage (Occurrence form CG0001), or its equivalent.

2. Insurance Services Office form number CA0001 (Ed. 1/87) covering Automobile Liability, code 1 (any auto) or its equivalent.

3. Workers' Compensation insurance as required by the State of California and Employer's Liability Insurance.

4. Professional Liability (Errors and Omissions) insurance.

B. Minimum Limits of Insurance — Subrecipient shall maintain limits no less than:

General Liability: $1,000,000 per occurrence for bodily injury, personal injury and property damage. If Commercial General Liability Insurance or other form with a general aggregate limit is used, either the general aggregate limit shall apply separately to this project/location or the general aggregate limit shall be twice the required occurrence limit.

2. Automobile Liability: Including contractual liability insuring owned, non -owned, Exhibit 2 233

hired and all vehicles by Subrecipient with a combined single limit of not less than $1,000,000 applicable to bodily injury, or death, and loss of or damage to property in any one occurrence.

3. Workers' Compensation Liability: Including Occupational Diseases in accordance with California Law and Employers' Liability Insurance with a limit of not less than $1,000,000 each accident.

4. Professional Liability Insurance: With limits of not less than $1,000,000 per occurrence. In addition, it shall be required that the professional liability insurance policy remain in effect for six (6) months after the Completion Date of this Agreement.

C. Other Insurance Provisions —The general liability and automobile liability policies procured by Subrecipient are to contain, or be endorsed to contain, the following provisions:

1. City, its elected and appointed officials, officers, employees, agents and volunteers are to be covered as additional insureds of Subrecipient, with respect to liability arising out of the activities performed by Subrecipient.

2. For any claims related to this Project, Subrecipient's insurance coverage shall be primary insurance as it relates to City, its elected and appointed officials, officers, employees, agents and volunteers. Any insurance or self-insurance maintained by City shall be excess of Subrecipient's insurance.

3. Any failure to comply with reporting or other provisions of the policies including breaches of warranties shall not affect coverage provided to City its elected and appointed officials, officers, employees, agents and volunteers.

D. Acceptability of Insurers — Insurance is to be placed with California admitted insurers with a current A.M. Best's rating of no less than A and be admitted, unless otherwise approved by Subrecipient and City.

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

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

Exhibit 2 234

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

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

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

19. Waiver
No delay or failure by either Party to exercise or enforce at any time any right or provision of this Agreement shall be considered a waiver thereof of such Party's right thereafter to exercise or enforce each and every right and provision of this Agreement.

A Waiver to be valid shall be in writing but need not be supported by consideration.

No single waiver shall constitute a continuing or subsequent waiver.

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

21. Force Majeure
Neither Recipient nor City shall be liable or deemed to be in default for any delay or failure in performance under this M0U or interruption of services resulting, directly or indirectly, from acts of God, civil or military authority, acts of public enemy, war, strikes, labor disputes, or any other similar cause beyond the reasonable control of Recipient and City.

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

Exhibit 2 X35

23. Entire MOU
This MOU represents and contains the entire agreement of the Parties with respect to the matters set forth herein. This MOU supersedes any and all prior negotiations, discussions and, if any, previous agreements between the Parties. (SIGNATURES ON NEXT PAGE)
Exhibit 2 X36

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

LOS ANGELES REGIONAL FOOD BANK
By:

Michael Flood, President/CEO Date

CITY OF BELL GARDENS
By:

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

By:

Stephanie Vasquez Date
City Attorney
Exhibit 2 237

Exhibit A- Scope of Work

1. Provide food for 500 families once per month.

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

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

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

Exhibit 2
Jgs

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

USDA TEFAP AGENCY AGREEMENT
This Agreement is entered, on this date July 1, 2023 by and between the Los Angeles Regional Food Bank, Eligible Recipient Agency (ERA) and City of Bell Gardens , Sub -Distributing Agency (hereafter referred to as SDA).

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

AGREEMENT PERIOD:

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

SDA Information:

Agency Name &
Agency No.:

City of BeII Gardens
Contact
Person(s):

Diana Ortiz
Elizabeth Nava
Distribution
Address:
6662 Loveland St. BeII Gardens, CA 90201
Agency Phone
No.:
(562) 928-2000
(562) 806-7650
Cell Phone No.

Email Address:
[email protected]
[email protected]
Eligibility Information:

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

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

This institution is an equal opportunity provider.
"The agency hereby agrees that it will comply with: i. Title VI of the Civil Rights Act of 1964 (42 U.S.C. 2000d et seq.); ii. Title IX of the Education Amendments of 1972 (20 U.S.C. 1681 et seq.); iii. Section 504 of the Rehabilitation Act of 1973 (29 U.S.C. 794); iv. Age Discrimination Act of 1975 (42 U.S.C. 6101 et seq.); v. Title II and Title I II of the Americans with Disabilities Act (ADA) of 1990 as amended by the ADA Amendment Act of 2008 (42 U.S.C. 12131-12189); vi. Executive Exhibit 3 239

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

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

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

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

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

4. Proof of household income shall not be required for a client to receive TEFAP food. Income eligibility 2 Exhibit 3 240

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

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

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

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

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

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

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

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

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

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

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

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

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

16. The site agrees to submit to the Food Bank a monthly participation report by the 5th business day of the month for the previous month detailing the total duplicated and unduplicated households and 3 Exhibit 3 241

persons served at each TEFAP site.

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

Braille, large print, audiotape, American Sign Language, etc.), should contact the Agency (State or local) where they applied for benefits. Individuals who are deaf, hard of hearing or have speech disabilities may contact USDA through the Federal Relay Service at (800) 877-8339. Additionally, program information may be made available in languages other than English. 4 Exhibit 3 242

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

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

32. The site agrees to abide by any addendums the ERA/Food Bank requires. 5 Exhibit 3 243

Name of Sub -Distributing Agency: City of Bell Gardens
Agency #:

Please indicate days and times of distributions:

Day(s) of Distribution Start Time End Time Start Time End Time Monday
Tuesday
Wednesday
Thursday
Friday
Saturday 10:00 AM 11:30 AM Every 3rd Saturday of each month Sunday
Please circle if your distribution is:
• WEEKLY
• BI -WEEKLY (Schedule of dates must be attached for the next 12 months) • BI -WEEKLY: 1st 2nd 3rd 4th
• MONTHLY: 1st 2n.

This agreement may be canceled upon (30) days' notice in writing by either party. Notwithstanding the foregoing, the SDA, may cancel this agreement immediately upon receipt of evidence that the terms hereof have not been complied with by the ERA.

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

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

Sub -Distributing Agency Rep. Name (print or type) Sub- Distributing Agency Rep. Title Sub -Distributing Agency Rep. Signature Date
6 Exhibit 3 244

CITY OF BELL GARDENS

OFFICE OF THE CITY MANAGER

AGENDA REPORT
Item 16.

TO: Honorable Mayor and City Council Members
FROM: Michael B. O'Kelly, City Manager
BY: Elizabeth Nava, Director of Recreation and Community Services SUBJECT: APPROVAL OF PROFESSIONAL SERVICES AGREEMENT FOR THE 5K AND KIDS

RUN RACE PRODUCTION AND MANAGEMENT
DATE: June 26, 2023
RECOMMENDATION:

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

1. Adopt the attached resolution and;

2. Approve a professional services agreement with Aztlan Athletics for the City's 5K and Kids Run Race Production and Management for a three-year term with the option of two one-year extensions.

BACKGROUND/DISCUSSION:

The Recreation and Community Services (RCS) Department and requires the assistance of firms who are experienced in race production and management for the City's annual 5K and Kids Run. As such, a Request for Proposals for 5K and Kids Run Race Production and Management services was released on June 8, 2023. Aztlan Athletics responded to the RFP and submitted a proposal that demonstrated their technical experience and ability to offer an affordable, fun, and successful 5K and Kids Run for the Bell Gardens Community. Aztlan Athletics has been previously retained to assist the City with their 5K races.

The RFP stipulated the City's desire to enter into a 3 -year agreement with the option of two additional one-year terms. This will allow the city to negotiate and lock in fees for the service and confirm the date of the event for up to 5 years.

In year one, the Recreation and Community Services Department would like to transition from a fall race to a spring race and in order to do that successfully, two races will take place in the 2023/2024 Fiscal Year, hence the higher fee in Year One. There will be one race per fiscal year thereafter.

CONCLUSION:

Given last year's success and their responsiveness to the City's RFP, staff recommends City Council enter into a professional services agreement with Aztlan Athletics.

FISCAL IMPACT:

This service will be paid for out of the General Fund budget, account number 110-4660-2088. The total amount of the agreement will not exceed $100,000 over a 5 -year period.

ATTACHMENTS:
245

Exhibit 1 - Resolution No. 2023-50
Exhibit 2 - Professional Services Agreement, RFP, and Proposal APPROVED ELECTRONICALLY BY:

Michael B. O'Kelly, City Manager
Stephanie Vasquez, City Attorney and/or Susie Altamirano, Assistant City Attorney Manuel Carrillo, Director of Finance and Administrative Services

RESOLUTION NO. 2023-50

A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF BELL

GARDENS, CALIFORNIA, APPROVING AN AGREEMENT WITH
AZTLAN ATHLETICS FOR THE CITY'S ANNUAL 5K AND KIDS RUN
RACE
WHEREAS, the City of Bell Gardens ("City") requires professional production and management services for the City's annual 5K and Kids Run Race; and WHEREAS, City has undergone a Request for Proposals ("RFP") process in accordance with the City's Purchasing Policies and State Law; and WHEREAS, Aztlan Athletics represents that it is fully qualified to perform such professional production and management services by virtue of its experience, training, education, and expertise; and
WHEREAS, City believes that Aztlan Athletics is qualified to assist the City with the required services; and
WHEREAS, City desires to enter into a Professional Services Agreement with Aztlan Athletics.

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

SECTION 1. The City Council finds that the above recitals are true and correct and incorporate them herein.

SECTION 2. The City Council finds that the City has complied with its local purchasing policy through the issuance of a Request for Proposals.

SECTION 3. The City Council hereby approves a Professional Services Agreement with Aztlan Athletics for the professional production and management services for the City's annual 5K and Kids Run Race.

SECTION 4. The City Council further authorizes the City Manager to execute the agreement with Aztlan Athletics consistent with this Resolution along with any ancillary documents reasonably necessary to effectuate the intent of this Resolution.

SECTION 5. The City Clerk shall attest and certify to the passage and adoption of this Resolution, enter it into the book of original Resolutions, and it shall become effective immediately upon its approval.

Exhibit 1 247

Resolution No. 2023-50
PASSED, APPROVED AND ADOPTED this 26th day of June, 2023.

THE CITY OF BELL GARDENS
Alejandra Cortez, Mayor
APPROVED AS TO FORM: ATTEST:

Stephanie Vasquez
City Attorney
2 of 2
Daisy Gomez
City Clerk
Exhibit 1 248

2023

PROFESSIONAL SERVICES AGREEMENT
(Engagement: Annual 5K and Kids Run Race Production and Management Services) (Parties: Aztlan Athletics, LLC and City of Bell Gardens) THIS PROFESSIONAL SERVICES AGREEMENT (hereinafter, "Agreement") is made and entered into this day of 2023 (hereinafter, the
"Effective Date") by and between the CITY OF BELL GARDENS, a municipal corporation (hereinafter, "CITY") and AZTLAN ATHLETICS, LLC (hereinafter, "CONSULTANT"). For the purposes of this Agreement, CITY and CONSULTANT may be referred to collectively by the capitalized term "Parties." The capitalized term "Party" may refer to CITY or CONSULTANT interchangeably, as appropriate.

RECITALS
WHEREAS, CITY requires professional production and managements services for the CITY's annual 5K and Kids Run Race; and
WHEREAS, CITY staff has determined that CONSULTANT possesses the experience, skills and training necessary to competently provide such services to CITY; and
WHEREAS, the execution of this Agreement was approved by the Bell Gardens City Council at its Regular Meeting.

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

ENGAGEMENT TERMS

1.1 TERM: This Agreement shall have a term of three (3) year commencing from the Effective Date (hereinafter, the "Term"). The Agreement may be extended by the CITY subjected to its same terms and conditions for a maximum of two (2) additional one-year extension terms, provided the CITY issues written notice of its intent to extend the Term of the Agreement prior to the expiration of the Initial Term. Nothing in this Section shall operate to prohibit or otherwise restrict the CITY's ability to terminate this Agreement at any time for convenience or for cause as provided under Article V (Termination), below.

1.2 SCOPE OF WORK:

A. Subject to the terms and conditions of this Agreement, CONSULTANT agrees to provide the services and tasks described in that certain Request for Proposals of CITY entitled "Request for Proposal for 5K and Kids Run Race Production Management Services" (hereinafter, "CITY RFP") dated June 8, 2023 and the written proposal of CONSULTANT entitled "Aztlan Athletics City of Bell Gardens — 5K and Kids Run Race Production and 1 Exhibit 2 249

Management Services" (hereinafter, the "CONSULTANT PROPOSAL") dated June 15, 2023. The CITY RFP and the CONSULTANT PROPOSAL are attached and incorporated hereto as Exhibit "A" and "B" respectively.

The term "Scope of Work" shall be a collective reference to the CITY RFP and the CONSULTANT PROPOSAL. The capitalized term "Work" shall be a collective reference to all the various services and tasks referenced in the Scope of Work. In the event of any conflict or inconsistency between the provisions of the document entitled CITY RFP and the provisions of the document entitled CONSULTANT PROPOSAL, the requirements of the document entitled CITY RFP shall govern and control but only to the extent of the conflict or inconsistency and no further. In the event of any conflict or inconsistency between the provisions of the Scope of Work and the provisions of this Agreement to which the Scope of Work is attached, the provisions of this Agreement shall govern and control.

1.3 PROSECUTION OF WORK:

A. CONSULTANT shall perform Work continuously and with due diligence so as to complete the Work within the Term of this Agreement; B. CONSULTANT shall cooperate with CITY and in no manner interfere with the work of CITY, its employees or other consultants, contractors or agents; C. CONSULTANT shall not claim or be entitled to receive any compensation or damage because of the failure of CONSULTANT, or its subconsultants, to have related services or tasks completed in a timely manner; D. CONSULTANT shall at all times enforce strict discipline and good order among CONSULTANT's employees; and
E. CONSULTANT, at its sole expense, shall pay all sales, consumer, use or other similar taxes required by law.

1.4 COMPENSATION: CONSULTANT shall perform the Work in accordance with CONSULTANT PROPOSAL. The foregoing notwithstanding, CONSULTANT's total compensation for the performance of all Work contemplated under this Agreement, will not exceed the total budgeted aggregate sum of ONE HUNDRED THOUSAND DOLLARS ($100,000) (hereinafter, the "Not -to -Exceed Sum") during the prosecution of this Agreement, unless such added expenditure is first approved by the City Council. In the event CONSULTANT's charges are projected to exceed the Not -to -Exceed Sum prior to the expiration of this Agreement, CITY may suspend CONSULTANT's performance pending CITY approval of any anticipated expenditures in excess of the Not -to -Exceed Sum or any other CITY approved amendment to the compensation terms of this Agreement.

1.5 PAYMENT OF COMPENSATION: Following the conclusion of the annual work requested in Section 1.1, CONSULTANT shall submit to CITY an itemized invoice indicating the services performed and tasks completed during the recently concluded calendar month, including services and tasks performed and the 2 Exhibit 2 250

reimbursable out-of-pocket expenses incurred. If the amount of CONSULTANT's compensation is a function of hours worked by CONSULTANT's personnel, the invoice should indicate the number of hours worked, the persons responsible for performing the Work, the rate of compensation at which such services and tasks were performed, the subtotal for each task and service performed and a grand total for all services performed. Within thirty (30) calendar days of receipt of each invoice, CITY will notify CONSULTANT in writing of any disputed amounts included in the invoice. Within forty-five (45) calendar days of receipt of each invoice, CITY will pay all undisputed amounts included on the invoice. CITY will not withhold applicable taxes or other authorized deductions from payments made to CONSULTANT.

1.6 ACCOUNTING RECORDS: CONSULTANT will maintain complete and accurate records with respect to all matters covered under this Agreement for a period of three (3) years after the expiration or termination of this Agreement. CITY will have the right to access and examine such records, without charge, during normal business hours. CITY will further have the right to audit such records, to make transcripts therefrom and to inspect all program data, documents, proceedings, and activities.

1.7 ABANDONMENT BY CONSULTANT: In the event CONSULTANT ceases to perform the Work agreed to under this Agreement or otherwise abandons the undertaking contemplated herein prior to the expiration of this Agreement or prior to completion of any or all tasks set forth in the Scope of Work, CONSULTANT will deliver to CITY immediately and without delay, all materials, records and other work product prepared or obtained by CONSULTANT in the performance of this Agreement. Furthermore, CONSULTANT will only be compensated for the reasonable value of the services, tasks and other Work performed up to the time of cessation or abandonment, less a deduction for any damages, costs or additional expenses which CITY may incur as a result of CONSULTANT's cessation or abandonment.

II.

PERFORMANCE OF AGREEMENT

2.1 CITY'S REPRESENTATIVE: The CITY hereby designates Elizabeth Nava, Director of Recreation and Community Services (hereinafter, the "City Representative") to act as its representative for the performance of this Agreement.

The City Representative or their designee will act on behalf of the CITY for all purposes under this Agreement. CONSULTANT will not accept directions or orders from any person other than the City Representative or their designee.

2.2 CONSULTANT REPRESENTATIVE: CONSULTANT hereby designates Jose Luis Zavala, M.A., President & CEO, to act as its representative for the performance of this Agreement (hereinafter, "Consultant Representative"). Consultant Representative will have full authority to represent and act on behalf of the CONSULTANT for all purposes under this Agreement. Consultant Representative or their designee will supervise and direct the performance of the Work, using their best skill and attention, and will be responsible for all means, methods, techniques, 3 Exhibit 2 251

sequences and procedures and for the satisfactory coordination of all portions of the Work under this Agreement. Notice to the Consultant Representative will constitute notice to CONSULTANT.

2.3 COORDINATION OF SERVICE; CONFORMANCE WITH REQUIREMENTS:

CONSULTANT agrees to work closely with CITY staff in the performance of the Work and this Agreement and will be available to CITY staff and the City Representative at all reasonable times. All work prepared by CONSULTANT will be subject to inspection and approval by City Representative or their designees.

2.4 STANDARD OF CARE; PERFORMANCE OF EMPLOYEES: CONSULTANT represents, acknowledges and agrees to the following:

A. CONSULTANT will perform all Work skillfully, competently and to the highest standards of CONSULTANT's profession;
B. CONSULTANT shall at all times employ such force, plant, materials, and tools as will be sufficient in the opinion of the CITY to perform the Services within the time limits established, and as provided herein. It is understood and agreed that said tools, equipment, apparatus, facilities, labor, and material shall be furnished and said Services performed and completed as required by the Agreement, and subject to the approval of the CITY's authorized representative;
C. CONSULTANT will perform all Work in a manner reasonably satisfactory to the CITY;
CONSULTANT will comply with all applicable federal, state and local laws and regulations, including the conflict of interest provisions of Government Code Section 1090 and the Political Reform Act (Government Code Section 81000 et seq.). CONSULTANT shall be liable for all violations of such laws and regulations in connection with Services. If CONSULTANT performs any work knowing it to be contrary to such laws, rules and regulations, CONSULTANT shall be solely responsible for all costs arising therefrom; E. CONSULTANT understands the nature and scope of the Work to be performed under this Agreement as well as any and all schedules of performance;
F. All of CONSULTANT's employees and agents possess sufficient skill, knowledge, training and experience to perform those services and tasks assigned to them by CONSULTANT; and
G. All of CONSULTANT's employees and agents (including, but not limited to, subcontractors and subconsultants) possess all licenses, permits, certificates, qualifications and approvals of whatever nature that are legally required to perform the tasks and services contemplated under this Agreement and all such licenses, permits, certificates, qualifications and approvals will be maintained throughout the term of this Agreement and 4 Exhibit 2 252

made available to CITY for copying and inspection.

The Parties acknowledge and agree that CONSULTANT will perform, at CONSULTANT's own cost and expense and without any reimbursement from CITY, any services necessary to correct any errors or omissions caused by CONSULTANT's failure to comply with the standard of care set forth under this Section or by any like failure on the part of CONSULTANT's employees, agents, contractors, subcontractors and subconsultants. Such effort by CONSULTANT to correct any errors or omissions will be commenced immediately upon their discovery by either Party and will be completed within seven (7) calendar days from the date of discovery or such other extended period of time authorized by the City Representative in writing and in their sole and absolute discretion. The Parties acknowledge and agree that CITY's acceptance of any work performed by CONSULTANT or on CONSULTANT's behalf will not constitute a release of any deficiency or delay in performance. The Parties further acknowledge, understand and agree that CITY has relied upon the foregoing representations of CONSULTANT, including but not limited to the representation that CONSULTANT possesses the skills, training, knowledge and experience necessary to perform the Work skillfully, competently and to the highest standards of CONSULTANT's profession.

2.5 ASSIGNMENT: The skills, training, knowledge and experience of CONSULTANT are material to CITY's willingness to enter into this Agreement. Accordingly, CITY has an interest in the qualifications and capabilities of the person(s) who will perform the services and tasks to be undertaken by CONSULTANT or on behalf of CONSULTANT in the performance of this Agreement. In recognition of this interest, CONSULTANT agrees that it will not assign or transfer, either directly or indirectly or by operation of law, this Agreement or the performance of any of CONSULTANT's duties or obligations under this Agreement without the prior written consent of the CITY. In the absence of CITY's prior written consent, any attempted assignment or transfer will be ineffective, null and void and will constitute a material breach of this Agreement.

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

methods and details of performing the Work subject to the requirements of this Agreement. CITY retains CONSULTANT on an independent contractor basis and not as an employee. CONSULTANT reserves the right to perform similar or different services for other principals during the term of this Agreement, provided such work does not unduly interfere with CONSULTANT's competent and timely performance of the Work contemplated under this Agreement and provided the performance of such services does not result in the unauthorized disclosure of CITY's confidential or proprietary information. Any additional personnel performing the Work under this Agreement on behalf of CONSULTANT are not employees of CITY and will at all times be under CONSULTANT's exclusive direction and control. CONSULTANT will pay all wages, salaries and other amounts due to such personnel and will assume responsibility for all benefits, payroll taxes, Social Security and Medicare payments and the like. CONSULTANT will be responsible for all reports and obligations respecting such additional personnel, including, but not limited to: Social Security taxes, income tax withholding, unemployment insurance, disability insurance, workers' compensation insurance and the like.

2.8 REMOVAL OF EMPLOYEES OR AGENTS: If any of CONSULTANT's officers, employees, agents, contractors, subcontractors or subconsultants is determined by the City Representative to be uncooperative, incompetent, a threat to the adequate or timely performance of the tasks assigned to CONSULTANT, a threat to persons or property, or if any of CONSULTANT's officers, employees, agents, contractors, subcontractors or subconsultants fail or refuse to perform the Work in a manner acceptable to the CITY, such officer, employee, agent, contractor, subcontractor or subconsultant will be promptly removed by CONSULTANT and will not be reassigned to perform any of the Work.

2.9 COMPLIANCE WITH LAWS: CONSULTANT will keep itself informed of and in compliance with all applicable federal, state or local laws to the extent such laws control or otherwise govern the performance of the Work. CONSULTANT's compliance with applicable laws will include, without limitation, compliance with all applicable Cal/OSHA requirements and applicable regulations of the Federal Department of Housing and Urbanization.

2.10 NON-DISCRIMINATION: CONSULTANT represents that it is an equal opportunity employer and it shall not discriminate against any subconsultant, employee or applicant for employment because of race, religion, color, national origin, handicap, ancestry, sex or age. Such non-discrimination shall include, but not be limited to, all activities related to initial employment, upgrading, demotion, transfer, recruitment or recruitment advertising, layoff or termination.

2.11 INDEPENDENT CONTRACTOR STATUS: The Parties acknowledge, understand and agree that CONSULTANT and all persons retained or employed by CONSULTANT are, and will at all times remain, wholly independent contractors and are not officials, officers, employees, departments or subdivisions of CITY.

CONSULTANT will be solely responsible for the negligent acts and/or omissions of its employees, agents, contractors, subcontractors and subconsultants.

CONSULTANT and all persons retained or employed by CONSULTANT will have no authority, express or implied, to bind CITY in any manner, nor to incur any 6 Exhibit 2 254

obligation, debt or liability of any kind on behalf of, or against, CITY, whether by contract or otherwise, unless such authority is expressly conferred to CONSULTANT under this Agreement or is otherwise expressly conferred by CITY in writing.

III.

INSURANCE

3.1 DUTY TO PROCURE AND MAINTAIN INSURANCE: Prior to the beginning of and throughout the duration of the Work, CONSULTANT will procure and maintain policies of insurance that meet the requirements and specifications set forth under this Article. CONSULTANT will procure and maintain the following insurance coverage, at its own expense:

A. Commercial General Liability Insurance: CONSULTANT will procure and maintain Commercial General Liability Insurance ("CGL Coverage") as broad as Insurance Services Office Commercial General Liability coverage (occurrence Form CG 0001) or its equivalent. Such CGL Coverage will have minimum limits of no less than One Million Dollars ($1,000,000.00) per occurrence and Two Million Dollars ($2,000,000.00) in the general aggregate for bodily injury, personal injury, property damage, operations, products and completed operations, and contractual liability.

B. Automobile Liability Insurance: CONSULTANT will procure and maintain Automobile Liability Insurance as broad as Insurance Services Office Form Number CA 0001 covering Automobile Liability, Code 1 (any auto). Such Automobile Liability Insurance shall have minimum limits of no less than One Million Dollars ($1,000,000.00) per accident for bodily injury and property damage.

C. Workers' Compensation Insurance/ Employer's Liability Insurance: A policy of workers' compensation insurance in such amount as will fully comply with the laws of the State of California and which will indemnify, insure and provide legal defense for both CONSULTANT and CITY against any loss, claim or damage arising from any injuries or occupational diseases occurring to any worker employed by or any persons retained by CONSULTANT in the course of carrying out the Work contemplated in this Agreement.

Errors & Omissions Insurance: For the full term of this Agreement and for a period of three (3) years thereafter, CONSULTANT will procure and maintain Errors and Omissions Liability Insurance appropriate to CONSULTANT's profession. Such coverage will have minimum limits of no less than One Million Dollars ($1,000,000.00) per claim.

3.2 ADDITIONAL INSURED REQUIREMENTS: The CGL Coverage and the Automobile Liability Insurance will contain an endorsement naming the CITY and CITY's elected and appointed officials, officers, employees, agents and volunteers as additional insureds.
7 Exhibit 2 255

3.3 REQUIRED CARRIER RATING: All varieties of insurance required under this Agreement will be procured from insurers admitted in the State of California and authorized to issue policies directly to California insureds. Except as otherwise provided elsewhere under this Article, all required insurance will be procured from insurers who, according to the latest edition of the Best's Insurance Guide, have an A.M. Best's rating of no less than A:VII. CITY may also accept policies procured by insurance carriers with a Standard & Poor's rating of no less than BBB according to the latest published edition the Standard & Poor's rating guide. As to Workers' Compensation Insurance/ Employer's Liability Insurance, the CITY Representative is authorized to authorize lower ratings than those set forth in this Section.

3.4 PRIMACY OF CONSULTANT'S INSURANCE: All policies of insurance provided by CONSULTANT will be primary to any coverage available to CITY or CITY's elected or appointed officials, officers, employees, agents or volunteers. Any insurance or self-insurance maintained by CITY or CITY's elected or appointed officials, officers, employees, agents or volunteers will be in excess of CONSULTANT's insurance and will not contribute with it.

3.5 WAIVER OF SUBROGATION: All insurance coverage provided pursuant to this Agreement will not prohibit CONSULTANT or CONSULTANT's officers, employees, agents, subcontractors or subconsultants from waiving the right of subrogation prior to a loss. CONSULTANT hereby waives all rights of subrogation against CITY, its officials, officers, employees, agents and volunteers.

3.6 VERIFICATION OF COVERAGE: CONSULTANT acknowledges, understands and agrees, that CITY's ability to verify the procurement and maintenance of the insurance required under this Article is critical to safeguarding CITY's financial well-being and, indirectly, the collective well-being of the residents of the CITY.

Accordingly, CONSULTANT warrants, represents and agrees that it will furnish CITY with original certificates of insurance and endorsements evidencing the coverage required under this Article on forms satisfactory to CITY in its sole and absolute discretion. The certificates of insurance and endorsements for each insurance policy will be signed by a person authorized by that insurer to bind coverage on its behalf, and will be on forms provided by the CITY if requested. All certificates of insurance and endorsements will be received and approved by CITY as a condition precedent to CONSULTANT's commencement of any Work. Upon CITY's written request, CONSULTANT will also provide CITY with certified copies of all required insurance policies and endorsements.

3.7 FAILURE TO MAINTAIN COVERAGE: In the event any policy of insurance required under this Agreement does not comply with these specifications or is canceled and not replaced immediately so as to avoid a lapse in the required coverage, CITY has the right but not the duty to obtain the insurance it deems necessary and any premium paid by CITY will be promptly reimbursed by CONSULTANT or CITY will withhold amounts sufficient to pay premium from CONSULTANT payments. In the alternative, CITY may cancel this Agreement effective upon notice.
8 Exhibit 2 256

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

IV.

INDEMNIFICATION

4.1 The Parties agree that CITY and CITY's elected and appointed officials, officers, employees, agents and volunteers (hereinafter, the "City Indemnitees") should, to the fullest extent permitted by law, be protected from any and all loss, injury, damage, claim, lawsuit, cost, expense, attorneys' fees, litigation costs, or any other cost arising out of or in any way related to the performance of this Agreement. Accordingly, the provisions of this indemnity provision are intended by the Parties to be interpreted and construed to provide the City Indemnitees with the fullest protection possible under the law. CONSULTANT acknowledges that CITY would not enter into this Agreement in the absence of CONSULTANT's commitment to indemnify, defend and protect CITY as set forth herein.

Notwithstanding the foregoing, to the extent CONSULTANT's services are subject to Civil Code Section 2782.8, the above indemnity shall be limited, to the extent required by Civil Code Section 2782.8, to Claims that arise out of, pertain to, or relate to the negligence, recklessness, or willful misconduct of the CONSULTANT.

CONSULTANT's obligation to indemnify shall not be restricted to insurance proceeds, if any, received by the CITY, its officials, officers, employees, agents or volunteers.

4.2 To the fullest extent permitted by law, CONSULTANT shall indemnify, hold harmless and defend the City Indemnitees from and against all liability, loss, damage, expense, cost (including without limitation reasonable attorneys' fees, expert fees and all other costs, and fees of litigation) of every nature arising out of or in connection with CONSULTANT's performance of work hereunder or its failure to comply with any of its obligations contained in this Agreement, except such loss or damage which is caused by the sole negligence or willful misconduct of the CITY.

4.3 CITY shall have the right to offset against the amount of any compensation due to CONSULTANT under this Agreement, any amount due to CITY from CONSULTANT as a result of CONSULTANT's failure to either pay CITY promptly for any costs associated with CONSULTANT's obligations to indemnify the City Indemnitees under this Article, or related to CONSULTANT's failure to either (i) pay taxes on amounts received pursuant to this Agreement, or (ii) comply with applicable workers' compensation laws.

4.4 The obligations of CONSULTANT under this Article will not be limited by the provisions of any workers' compensation act or similar act. CONSULTANT expressly waives its statutory immunity under such statutes or laws as to CITY and CITY's elected and appointed officials, officers, employees, agents, and volunteers.
9 Exhibit 2 257

4.5 CONSULTANT agrees to obtain executed indemnity agreements with provisions identical to those set forth herein this Article from each and every subcontractor or any other person or entity involved by, for, with or on behalf of CONSULTANT in the performance of this Agreement. In the event CONSULTANT fails to obtain such indemnity obligations from others as required herein, CONSULTANT agrees to be fully responsible and indemnify, hold harmless and defend CITY and CITY's elected and appointed officials, officers, employees, agents, and volunteers from and against any and all claims and losses, costs or expenses for any damage due to death or injury to any person and injury to any property resulting from any alleged intentional, reckless, negligent, or otherwise wrongful acts, errors or omissions of CONSULTANT's subcontractors or any other person or entity involved by, for, with or on behalf of CONSULTANT in the performance of this Agreement. Such costs and expenses shall include reasonable attorneys' fees incurred by counsel of CITY's choice.

4.6 CITY does not, and shall not waive any rights that it may possess against CONSULTANT because of the acceptance by CITY, or the deposit with CITY, of any insurance policy or certificate required pursuant to this Agreement. This hold harmless and indemnification provision shall apply regardless of whether or not any insurance policies are determined to be applicable to the claim, demand, damage, liability, loss, cost, or expense.

4.7 This Article and all provisions contained herein (including but not limited to the duty to indemnify, defend, and hold free and harmless) shall survive the termination or normal expiration of this Agreement and is in addition to any other rights or remedies which the CITY may have at law or in equity.

TERMINATION

5.1 TERMINATION WITHOUT CAUSE: CITY may immediately terminate this Agreement at any time for convenience and without cause by giving prior written notice of CITY's intent to terminate this Agreement which notice shall specify the effective date of such termination. Upon such termination for convenience, CONSULTANT will be compensated only for those services and tasks which have been performed by CONSULTANT up to the effective date of the termination.

CONSULTANT may not terminate this Agreement except for cause as provided under Section 5.2, below. If this Agreement is terminated as provided herein, CITY may require CONSULTANT to provide all finished or unfinished Documents and Data, as defined in Section 6.1, below, and other information of any kind prepared by CONSULTANT in connection with the performance of the Work.

CONSULTANT will be required to provide such Documents and Data within fifteen (15) calendar days of CITY's written request. No actual or asserted breach of this Agreement on the part of CITY pursuant to Section 5.2, below, will operate to prohibit or otherwise restrict CITY's ability to terminate this Agreement for convenience as provided under this Section.

5.2 EVENTS OF DEFAULT; BREACH OF AGREEMENT:
10 Exhibit 2 258

A. In the event either Party fails to perform any duty, obligation, service or task set forth under this Agreement (or fails to timely perform or properly perform any such duty, obligation, service or task set forth under this Agreement), an event of default (hereinafter, "Event of Default") will occur. For all Events of Default, the Party alleging an Event of Default will give written notice to the defaulting Party (hereinafter referred to as a "Default Notice") which will specify: (i) the nature of the Event of Default; (ii) the action required to cure the Event of Default; (iii) a date by which the Event of Default will be cured, which will not be less than the applicable cure period set forth under Sections 5.2(B) and 5.2(C), below, or if a cure is not reasonably possible within the applicable cure period, to begin such cure and diligently prosecute such cure to completion. The Event of Default will constitute a breach of this Agreement if the defaulting Party fails to cure the Event of Default within the applicable cure period or any extended cure period allowed under this Agreement.

B. CONSULTANT will cure the Event of Default within the following time periods:
i. Within ten (10) business days of CITY's issuance of a Default Notice for any failure of CONSULTANT to timely provide CITY or CITY's employees or agents with any information and/or written reports, documentation or work product which CONSULTANT is obligated to provide to CITY or CITY's employees or agents under this Agreement.

Prior to the expiration of the 10 -day cure period, CONSULTANT may submit a written request for additional time to cure the Event of Default upon a showing that CONSULTANT has commenced efforts to cure the Event of Default and that the Event of Default cannot be reasonably cured within the 10 -day cure period. The foregoing notwithstanding, CITY will be under no obligation to grant additional time for the cure of an Event of Default under this Section 5.2(B)(i) that exceeds seven (7) calendar days from the end of the initial 10 -day cure period; or ii. Within fourteen (14) calendar days of CITY's issuance of a Default Notice for any other Event of Default under this Agreement. Prior to the expiration of the 14 -day cure period, CONSULTANT may submit a written request for additional time to cure the Event of Default upon a showing that CONSULTANT has commenced efforts to cure the Event of Default and that the Event of Default cannot be reasonably cured within the 14 -day cure period. The foregoing notwithstanding, CITY will be under no obligation to grant additional time for the cure of an Event of Default under this Section 5.2(B)(ii) that exceeds thirty (30) calendar days from the end of the initial 14 -day cure period.

perform any of the services or tasks called for under the Scope of Work; (ii) CONSULTANT's failure to fulfill or perform its obligations under this Agreement within the specified time or if no time is specified, within a reasonable time; (iii) CONSULTANT's and/or its employees' disregard or violation of any federal, state, local law, rule, procedure or regulation; (iv) the initiation of proceedings under any bankruptcy, insolvency, receivership, reorganization, or similar legislation as relates to CONSULTANT, whether voluntary of involuntary; (v) CONSULTANT's refusal or failure to perform or observe any covenant, condition, obligation or provision of this Agreement; and/or (vii) CITY's discovery that a statement representation or warranty by CONSULTANT relating to this Agreement is false, misleading or erroneous in any material respect.

C. CITY will cure any Event of Default asserted by CONSULTANT within forty- five (45) calendar days of CONSULTANT's issuance of a Default Notice, unless the Event of Default cannot reasonably be cured within the 45 -day cure period. Prior to the expiration of the 45 -day cure period, CITY may submit a written request for additional time to cure the Event of Default upon a showing that CITY has commenced its efforts to cure the Event of Default and that the Event of Default cannot be reasonably cured within the 45 -day cure period. The foregoing notwithstanding, an Event of Default dealing with CITY's failure to timely pay any undisputed sums to CONSULTANT as provided under Section 1.5, above, will be cured by CITY within five (5) calendar days from the date of CONSULTANT's Default Notice to CITY.

D. CITY, in its sole and absolute discretion, may also immediately suspend CONSULTANT's performance under this Agreement pending
CONSULTANT's cure of any Event of Default by giving CONSULTANT written notice of CITY's intent to suspend CONSULTANT's performance (hereinafter, a "Suspension Notice"). CITY may issue the Suspension Notice at any time upon the occurrence of an Event of Default. Upon such suspension, CONSULTANT will be compensated only for those services and tasks which have been rendered by CONSULTANT to the reasonable satisfaction of CITY up to the effective date of the suspension. No actual or asserted breach of this Agreement on the part of CITY will operate to prohibit or otherwise restrict CITY's ability to suspend this Agreement as provided herein.

E. No waiver of any Event of Default or breach under this Agreement will constitute a waiver of any other or subsequent Event of Default or breach.

No waiver, benefit, privilege, or service voluntarily given or performed by a Party will give the other Party any contractual rights by custom, estoppel, or otherwise.

The duties and obligations imposed under this Agreement and the rights and remedies available hereunder will be in addition to and not a limitation of any duties, obligations, rights and remedies otherwise imposed or available by law. In addition to any other remedies available to CITY at law or under this Agreement in the event of any breach of this Agreement, CITY, 12 Exhibit 2 260

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

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

G. In the event CITY is in breach of this Agreement, CONSULTANT's sole remedy will be the suspension or termination of this Agreement and/or the recovery of any unpaid sums lawfully owed to CONSULTANT under this Agreement for completed services and tasks.

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

5.4 SURVIVING ARTICLES, SECTIONS AND PROVISIONS: The termination of this Agreement pursuant to any provision of this Article or by normal expiration of its term or any extension thereto will not operate to terminate any Article, Section or provision contained herein which provides that it will survive the termination or normal expiration of this Agreement.

VI.

MISCELLANEOUS PROVISIONS

6.1 DOCUMENTS & DATA; LICENSING OF INTELLECTUAL PROPERTY: All Documents and Data will be and remain the property of CITY without restriction or limitation upon their use or dissemination by CITY. For purposes of this Agreement, the term "Documents and Data" means and includes all reports, analyses, correspondence, plans, designs, notes, summaries, strategies, charts, schedules, spreadsheets, calculations, lists, data compilations, documents or other materials developed and/or assembled by or on behalf of CONSULTANT in the performance of this Agreement and fixed in any tangible medium of expression, including but not limited to Documents and Data stored digitally, magnetically 13 Exhibit 2 261

and/or electronically. This Agreement creates, at no cost to CITY, a perpetual license for CITY to copy, use, reuse, disseminate and/or retain any and all copyrights, designs, and other intellectual property embodied in all Documents and Data. CONSULTANT will require all subcontractors and subconsultants working on behalf of CONSULTANT in the performance of this Agreement to agree in writing that CITY will be granted the same right to copy, use, reuse, disseminate and retain Documents and Data prepared or assembled by any subcontractor or subconsultant as applies to Documents and Data prepared by CONSULTANT in the performance of this Agreement.

6.2 CONFIDENTIALITY: All data, documents, discussion, or other information developed or received by CONSULTANT or provided for performance of this Agreement are deemed confidential and will not be disclosed by CONSULTANT without prior written consent by CITY. CITY will grant such consent of disclosure as legally required. Upon request, all CITY data will be returned to CITY upon the termination or expiration of this Agreement. CONSULTANT will not use CITY's name or insignia, photographs, or any publicity pertaining to the Work in any magazine, trade paper, newspaper, television or radio production or other similar medium without the prior written consent of CITY.

6.3 FALSE CLAIMS ACT: CONSULTANT warrants and represents that neither CONSULTANT nor any person who is an officer of, in a managing position with, or has an ownership interest in CONSULTANT has been determined by a court or tribunal of competent jurisdiction to have violated the False Claims Act, 31 U.S.C., Section 3789 et seq. and the California False Claims Act, Government Code Section 12650 et seq.

6.4 NOTICES: All notices permitted or required under this Agreement will be given to the respective Parties at the following addresses, or at such other address as the respective Parties may provide in writing for this purpose:

CONSULTANT:

Aztlan Athletics, LLC
381 Monterey Road
South Pasadena, CA 91030
Attn: Jose Luis Zavala, M.A.,
President & CEO
Phone: 626-755-8489
CITY:

City of Bell Gardens
7100 S. Garfield Avenue
Attn: Elizabeth Nava, Director of
Recreation and Community
Services
Phone: 562-806-7650
Such notices will be deemed effective when personally delivered or successfully transmitted by facsimile as evidenced by a fax confirmation slip or when mailed, forty-eight (48) hours after deposit with the United States Postal Service, first class postage prepaid and addressed to the Party at its applicable address.

6.5 COOPERATION; FURTHER ACTS: The Parties will fully cooperate with one another, and will take any additional acts or sign any additional documents as are reasonably necessary, appropriate or convenient to achieve the purposes of this Agreement.
14 Exhibit 2 262

6.6 SUBCONTRACTING: CONSULTANT will not subcontract any portion of the Work required by this Agreement, except as expressly stated herein, without the prior written approval of CITY. Subcontracts (including without limitation subcontracts with subconsultants), if any, will contain a provision making them subject to all provisions stipulated in this Agreement, including provisions relating to insurance requirements and indemnification.

6.7 CITY'S RIGHT TO EMPLOY OTHER CONSULTANTS: CITY reserves the right to employ other contractors in connection with the various projects worked upon by CONSULTANT.

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

6.9 TIME IS OF THE ESSENCE: Time is of the essence for each and every provision of this Agreement.

6.10 GOVERNING LAW AND VENUE: This Agreement will be interpreted and governed according to the laws of the State of California. In the event of litigation between the Parties, venue, without exception, will be in the Los Angeles County Superior Court of the State of California. If, and only if, applicable law requires that all or part of any such litigation be tried exclusively in federal court, venue, without exception, will in the Central District of California located in the City of Los Angeles, California.

6.11 ATTORNEYS' FEES: If either Party commences an action against the other Party, legal, administrative or otherwise, arising out of or in connection with this Agreement, the prevailing Party in such litigation will be entitled to have and recover from the losing Party reasonable attorneys' fees and all other costs of such action.

6.12 SUCCESSORS AND ASSIGNS: This Agreement will be binding on the successors and assigns of the Parties.

6.13 NO THIRD -PARTY BENEFIT: There are no intended third -party beneficiaries of any right or obligation assumed by the Parties. All rights and benefits under this Agreement inure exclusively to the Parties.
15 Exhibit 2 263

6.14 CONSTRUCTION OF AGREEMENT: This Agreement will not be construed in favor of, or against, either Party but will be construed as if the Parties prepared this Agreement together through a process of negotiation and with the advice of their respective attorneys.

6.15 SEVERABILITY: If any portion of this Agreement is declared invalid, illegal, or otherwise unenforceable by a court of competent jurisdiction, the remaining provisions will continue in full force and effect.

6.16 AMENDMENT; MODIFICATION: No amendment, modification or supplement of this Agreement will be valid or binding unless executed in writing and signed by both Parties, subject to CITY approval. The requirement for written amendments, modifications or supplements cannot be waived and any attempted waiver will be void and invalid.

6.17 CAPTIONS: The captions of the various articles, sections and paragraphs are for convenience and ease of reference only, and do not define, limit, augment, or describe the scope, content, or intent of this Agreement.

6.18 INCONSISTENCIES OR CONFLICTS: In the event of any conflict or inconsistency between the provisions of this Agreement and any of the exhibits attached hereto, the provisions of this Agreement will control.

6.19 ENTIRE AGREEMENT: This Agreement, including all attached exhibits, constitutes the entire, complete, final and exclusive expression of the Parties with respect to the matters addressed herein and supersedes all other agreements or understandings, whether oral or written, which may have been entered into between CITY and CONSULTANT prior to the execution of this Agreement. Any statements, representations, or other agreements, whether oral or written, made by either Party that is not embodied herein will not be valid or binding on the Parties. No amendment, modification or supplement to this Agreement will be valid and binding unless in writing and duly executed by the Parties pursuant to Section

6.16, above.

6.20 FORCE MAJEURE: The Term shall be extended in the event of any delays due to unforeseeable causes beyond the control of CONSULTANT and without the fault or negligence of CONSULTANT, including but not limited to severe weather, fires, earthquakes, floods, epidemics, quarantine restrictions, riots, strikes, freight embargoes, wars, litigation, and/or acts of any governmental agency, including the CITY, if the CONSULTANT shall within three (3) calendar days of the commencement of such delay notify the City Representative in writing of the causes of the delay. The City Representative shall ascertain the facts and the extent of delay, and extend the time for performing the services for the period of the enforced delay when and if in the judgment of the City Representative such delay is justified. The City Representative's determination shall be final and conclusive upon the parties to this Agreement. In no event shall CONSULTANT be entitled to recover damages against the CITY for any delay in the performance of this Agreement, however caused, CONSULTANT's sole remedy being extension of the Agreement pursuant to this Section.
16 Exhibit 2 264

6.21 COUNTERPARTS: This Agreement will be executed in three (3) original counterparts each of which will be of equal force and effect. No handwritten or typewritten amendment, modification or supplement to any one counterpart will be valid or binding unless made to all three counterparts in conformity with Section

6.16, above. One fully executed original counterpart will be delivered to CONSULTANT and the remaining two original counterparts will be retained by CITY.
(SIGNATURES ON NEXT PAGE)
17 Exhibit 2 265

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

CITY OF BELL GARDENS: AZTLAN ATHLETICS, LLC:

By: By:

Name: Name:

Title: Title:

Date: Date:

APPROVED AS TO FORM:

By:

Stephanie Vasquez, City Attorney
18 Exhibit 2 266

EXHIBIT "A"

CITY RFP
19 Exhibit 2 267

REQUEST FOR PROPOSALS
5K and Kids Run Race
Production and Management Services

RFP RELEASE DATE
June 8, 2023

PROPOSAL SUBMITTAL DEADLINE
Thursday, June 22, 2023 at 10:00 am
Contact Person:

Elizabeth Nava, Director of Recreation and Community Services Direct: 562-806-7650
email: [email protected]
7100 Garfield Avenue, Bell Gardens, Ca 90201 • 562-806-7700 • www.bellgardens.org Exhibit 2 268

OF CONTENTS
Table of Contents
Introduction and Background
Submittal Procedures / Deadline
Scope of Services
Point of Contact and Communication
Evaluation Criteria
Instructions, Terms and Conditions
Professional Services Agreement Template
2 3
4 6
10 11
12 15
5K and Kids Run Race and Production Management Services Exhibit 2 269
2 The City of Bell Gardens is soliciting proposals from qualified professionals to provide race production and management services for the City's 5K and Kids Run.

It is the intent of the City to select a single proposer to accomplish and/or supply all services outlined in the Request for Proposals ("RFP").

The City reserves the right to accept or reject any or all responses received in response to this request. The City also reserves the right to waive any informality, technical defect or clerical error or irregularity in any response. The City's potential award of an agreement will not be based on any single factor, nor will it be based solely or exclusively on the lowest cost proposal. If an agreement is awarded, it will be awarded to the proposer who in the judgment of the City has presented an optimal balance of relevant experience, price, quality of service, work history and other factors which the City may consider relevant and important in determining which proposal is best for the City. Additionally, the City may, for any reason, decide not to award an agreement based on this RFP. The City reserves the right to cancel this RFP. The City shall not be obligated to respond to any responses submitted, nor be legally bound in any manner by the submission of the response. The City reserves the right to negotiate deliverables and associated costs.

The City of BeII Gardens was incorporated as a general law city in 1961 and is rich in history. It is bordered by the City of Commerce, Cudahy, Downey, South Gate, and BeII.

As of the 2020 United States Census, the City had a population of approximately 39,501 in an area of 2.4 square miles and is located in the southeastern part of Los Angeles County.

The City utilizes a City Council/City Manager form of government. The City Council provides political leadership and policy direction, and the City Manager works under the direction of the City Council and functions as the manager of the City employees and department heads. All City elections are governed by the California Elections Code. 5K and Kids Run Race and Production Management Services 3 Exhibit 2 270

MINIMUM QUALIFICATIONS
To be considered for selection, proposers must demonstrate knowledge and experience with providing local government agencies or municipalities with successful high quality annual 5K and Kids Run race in a creative and cost-effective way.

PROPOSAL CONTENT AND SUBMITTAL INSTRUCTIONS
A. Deadline: Proposals must be received no later than 10:00 AM on Thursday, June 22, 2023.

B. Location: Proposals can be submitted via cityclerkdesk bellgardens,org or the City Clerk's Office at 7100 Garfield Avenue, Bell Gardens, CA 90201, up to the hour of 10:00 AM on June 22, 2023. Proposals received after this time will be considered to be non -responsive.

C. Submission: Proposals must be completed and received by the due date and time. Postmarks by the due date and facsimiles are not acceptable. Late submissions or delivery via facsimile will not be considered. 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 City assumes no responsibility for delays caused by mail or delivery service.

Postmarking by the due date will not substitute for actual receipt. Proposals may be submitted as follows:
1) Electronic: Proposals must be submitted in PDF format via cityclerkdesk` bellgardens.orq up to the hour of 10:00 a.m. on June 22, 2023. One copy of the entire proposal is required. The electronic version of the proposal must be an exact duplicate of the hard copies and the subject line must read "5K and Kids Run Race Production and Management Services RFP Response".
2) Personal Delivery by messenger services to the City Clerk's Office located at 7100 Garfield Avenue, Bell Gardens, CA 90201. Proposals must be submitted in an envelope, and clearly marked "City of Bell Gardens — 5K and Kids Run Race Production and Management Services". Two (2) copies of the proposal must be submitted along with a PDF copy of the proposal on an USB thumb drive.
3) Mail: If submitting by mail, please ensure "City of Bell Gardens — 5K and Kids Run Race Production and Management Services" is written in the lower 5K and Kids Run Race and Production Management Services 4 Exhibit 2 271

left-hand corner of the envelope. Two (2) copies of the proposal must be submitted along with a PDF copy of the proposal on an USB thumb drive.

D. Content: Proposals must be clearly labeled "City of Bell Gardens — 5K and Kids Run Race Production and Management Services" and include the following information:
1) Proposer profile and qualifications including specific experience with 5K and kids run race production and management services in California. 2) Recommended approach and specific steps to handling services requested, including the use of any subcontractors and/or partners. 3) Proposed schedule of work.
4) Expectations of the type and amount of tasks/support requested of City staff to assist in the process.
5) Identification of the key staff members who will be assigned to the Bell Gardens 5K and kids run race production and management services; include the qualifications and relevant experience for the identified team members. 6) Total costs for services for the 5K and Kids Run Race Production and Management Services for the entirety of the Term and a breakdown of costs per year, itemized to the extent possible and including a fee schedule for additional services.
7) Complete contact information for a minimum of two recent clients for whom similar services described in the RFP have been performed.

E. Schedule: The following is an outline of the anticipated schedule for the proposal review and Professional Services Agreement award. Schedule is subject to change:
1) Release of RFP June 8, 2023
2) Proposal Submission Deadline June 22, 2023, at 10:00 am 3) Recommendation of Award to City Council June 26, 2023

DATES OF CONSIDERATION BY CITY COUNCIL ARE TENTATIVE AND SUBJECT TO CHANGE WITHOUT NOTICE.
5K and Kids Run Race and Production Management Services 5 Exhibit 2 272

PRELIMINARY SCOPE OF SERVICES
Location and Event Date. The event will take place on September 30, 2023, on the first year of the term of the agreement. The events will then take place once a year at a date later determined by the City.

Requested Services include, but are not limited to the following:

A. Enter into a three-year agreement with the City of Bell Gardens with the option to extend the agreement for two, one-year extensions for 5K and kids run race production and management services (collectively "Services").

B. Provide a detailed cost estimate per race.

C. Obtain all required permits and follow all local, state, and federal regulations.

D. Proposer will continue to perform as the "Director and Operating Partner" on behalf of the City. Proposer's Services shall include the following:
1) Provide a lead staff member who is experienced in the Services and who will be able to attend all pre -planning meetings with City staff. 2) Develop, Coordinate and execute the entire City event. 3) Assist with further branding in conjunction with the input given by the City, where it captures the regional audience and provides a conduit for similar organizations working in similar programing to use as their respective wellness event while supporting the purpose and mission of the City. 4) In conjunction with the City, promote and/or market the City's events and execute a registration recruitment campaign which includes promotion during all antecedent Proposer planned and/or endorsed events, including emailing all Proposer member database on at least three (3) separate occasions during a 1 -year cycle.
5) At the direction of the City, further develop appropriate themes and ensure its inclusivity of a diverse population.
6) Provide ongoing consultation.
7) Coordinate with existing and new/all vendors, sponsors, including preparing and distributing schedules and/or timelines to all vendors. 8) Facilitate meeting all the requirements and provide ongoing consultation, including review of any modifying course plans to secure and satisfy all 5K and Kids Run Race and Production Management Services 6 Exhibit 2 273

permits as necessary, including but not limited to load in and out, event, fire, building and safety permits.
9) Supervise, direct and set-up of venue, including course, expo area, etc. 10) Secure USATF certification to be used on website & marketing materials. 11) Organize, set-up and maintain registrations, timing and the posting of race results dynamically, including:
i. Timing clock at finish/start.
ii. Disposable chip timing of all runners who choose to be timed, scanning of results to be posted within 15 minutes of last finisher or immediately upon request during the event.
iii. Custom the City bibs for all registrants.
iv. Day -of and late registration support.
v. Online registration, payment processing, and customized event registration web page.

E. Provide course management, supervision and race rules implementation, which includes, ensuring safety along the course and adequate staffing needs, overall supervision of the race operations from set up to clean up.

F. Proposer shall be responsible for marking the running course and directing runners during the events, and shall:
1) Finish line set-up and logistics, including installation of sponsors banners; 2) Identify and set up water stations and first aid locations; 3) Place mile markers, sponsors and directional signage; 4) Provide course management and logistics support including parking support;
5) Meet with designated facility staff to review course management, traffic flow plan and event logistics.

G. Provide orientation and coordination for designated volunteers to aid in pre- registration, late registration, finish -shoot, distribution booths, course management, swag store and other tasks, as necessary.

H. Provide generators, and lighting if needed for the main venue area.

Proposer's on -site social media manager shall work with the City's designated representative(s) and/or public relations manager to coordinate media coverage of the events and facilitate access to select media partners, including local newspaper, on-line media, and mainstream media.

J. Provide at least six (6) core Proposer coordinators to direct volunteers, take lead positions with logistics at the event.
5K and Kids Run Race and Production Management Services 7 Exhibit 2 274

K. Delivery, set-up and maintenance the following equipment:
1) 20'x10' or 10'x10' commercial truss signage system with "Finish/Start" banners;
2) Cones, barricades, and customized directional signage; 3) Up to 20 commercial pop-up canopies required based on secured sponsors and/or donors, sized 10' x 10' with chairs and tables (Note:
additional $95 for additional booth set);
4) 10 walkie-talkies for communications between course, registration, timing, and directors;
5) 2 Commercial Grade Golf Cart to use for transporting VIP/Sponsors by Client.

L. Customized "Finisher" 2.5" die-cast style medals with neck ribbons for all registered participants or a special commemorative holiday ornament style award.

M. Customized Division Winner, 1st, 2nd, and 3rd Place overall 3' die-cast medal w/ custom ribbon (40 total).

N. Customized commemorative City event t -shirt for all registered participants, including artwork of all secured/confirmed sponsors not to exceed three colors in the front and one color on the back on a standard premium comb cotton -blended shirt (Tultex Premium 202).

O. Design at the direction of the City, procure and provide branded event artwork and/or logo for use on all media, including marketing banners, postcards, and posters.

P. Provide:
1) One 9'x6' banner;
2) One 3' x 20' single sided banner to install at designated public streets and/or hosted locations;
3) Fifty - 8.5" x 11" full color posters to be installed at local businesses using logo provided to develop web -based banner for on-line marketing through Proposer's website; and
4) A customized event registration and payment processing web page which (1) tracks registrations, and (2) includes a social media section to incorporate a results page and pictures hosted under Proposer website. 5K and Kids Run Race and Production Management Services 8 Exhibit 2 275

Q. Assist the City in expanding brand recognition through proposer resources and network.

R. Generate revenue for the event by but not limited to securing donations from vendors, businesses and organizations.

S. Invite participating beneficiaries that align to the Bell Gardens mission and vision.

T. Assist in endorsing the events through cross marketing opportunities at other operated events, including distributing event marketing materials and promoting the events on various social media platforms.

U. Serve as the designated operator/producer of the events in accordance with this RFP and the Professional Services Agreement.

V. Continue to utilize its established experience, long-standing endorsements, and/or other community partners in conjunction with Bell Gardens 5K, to support and strengthen the brand; make measurable progress in securing paid registrations and sponsors; increase the participant experience; facilitate community engagement to learn about the purpose and mission of the City; gain new followers and/or donors; further brand the events as a wellness campaign for socially responsible community partners, and make measurable net proceeds on a yearly basis to exclusively benefit the City.
5K and Kids Run Race and Production Management Services 9 Exhibit 2 276

POINT OF CONTACT AND COMMUNICATION

POINT OF CONTACT
This RFP is issued by the City, and the Director of Recreation and Community Services and Recreation Supervisor will be the point of contact ("Point of Contact") during the RFP submission and procurement process. Communications initiated by proposers to this RFP with members of the City Council, or officers, personnel or employees of the City, other than via the Point of Contact, may be grounds for disqualification. Any inquiries or requests during this submission or procurement process shall be submitted in writing to the following Point of Contact:

City of Bell Gardens
Attention: Elizabeth Nava, Director of Recreation and Community Services 7100 Garfield Avenue
Bell Gardens, CA 90201
(562) 806-7650
Email: enava bellgardens,orq

EX PARTE COMMUNICATIONS
Proposers and Proposers' representatives shall not communicate with the City Council members about this RFP. In addition, Proposers and Proposers' representatives should not communicate outside the procedures set forth in this RFP with an officer, employee or agent of the City, regarding this RFP until after Agreement Award. Proposers and their representatives are not prohibited, however, from making oral statements or presentations in public to one or more representatives of the City during a public meeting.

A "Proposer" or "Proposer's representative" includes all of the Proposer's employees, officers, directors, consultants and agents, any subcontractors or suppliers listed in the Proposer's proposal, and any individual or entity who has been requested by the Proposer to contact the City on the Proposer's behalf.
5K and Kids Run Race and Production Management Services 10 Exhibit 2 277

EVALUATION OF PROPOSALS
Proposals will be evaluated on the Proposer's ability to provide services that meet the requirements set forth in this RFP. The City reserves the right to make such investigations as it deems necessary to determine the ability of the Proposer to provide services meeting a satisfactory level of performance in accordance with the City's requirements. The Proposer shall furnish such information and data for this purpose as the City may request, at no cost to the City. The adequacy, depth, and clarity of the Proposal will influence, to a considerable degree, its evaluation. 5K and Kids Run Race and Production Management Services 11 Exhibit 2 278

NSTRUCTIONS, TERMS AND CONDITIONS

PROFESSIONAL SERVICES AGREEMENT
Upon conclusion of the RFP process, the Director of Recreation and Community Services will recommend a proposer to the City Council. The successful Proposer will be required to enter into a Professional Services Agreement with the City for a 3 -year contract with the option of two one-year extensions. A copy of the City's Professional Services Agreement is attached and incorporated as Exhibit "A". The proposal process, agreement negotiations and execution, and subsequent actions will be conducted by the City in accordance with applicable law. Proposers should carefully review this document, which constitutes the formal RFP, to ensure a clear understanding of the City's needs and objectives and scope of work.

GENERAL INSTRUCTIONS, TERMS AND CONDITIONS
A. Proposals shall be prepared to simply and economically, provide a straightforward, concise description of the Proposer's ability to meet the requirements of this RFP. Emphasis shall be on the quality, completeness, clarity of content, responsiveness to the requirements, and an understanding of City's objectives.

B. Proposers shall carefully read the information contained in this RFP and shall submit complete responses to all requirements and questions as directed.

Incomplete proposals may be considered non -responsive and may be rejected in the City's discretion. The submission of a response to this RFP shall be deemed a representation and certification by the Proposer that has read and understood the RFP, has investigated all aspects of the RFP, and is aware of the applicable facts pertaining to the RFP process, its procedures and requirements. No request for modification of the responses to this request shall be considered after its submission on grounds that the Proposer was not fully informed as to any facts or condition.

C. Following the Proposal Submission Deadline, the City, pursuant to the California Public Records Act (Govt. Code Section 6250 et seq.) reserves the right to make copies of all submitted proposals available for inspection and copying by any interested member of the public, except to the limited extent the City determines that any information contained in a proposal is legally privileged under the California Public Records Act. By submission of a proposal, Proposers acknowledge and agree that their proposal and any information contained therein may be disclosed by the City to interested members of the public, including other proposers. All responses to the RFP received become a matter of public record and shall be regarded as public records, with the exception of those elements in each proposal which are defined by the Proposer as business or trade secrets and plainly marked as "Confidential," "Trade Secret," or "Proprietary." The City shall not in any way be liable or responsible for the disclosure of any such proposal or portions thereof, if they are not plainly marked as "Confidential," 5K and Kids Run Race and Production Management Services 12 Exhibit 2 279

"Trade Secret," or "Proprietary" or if disclosure is required under the Public Records Act. Any proposal which contains language purporting to render all or significant portions of the proposal "Confidential," "Trade Secret," or "Proprietary" shall be regarded as non -responsive.

D. Proposers shall prepare and develop proposals at their sole cost and expense.

E. The City makes no representations of any kind that an award of an agreement will be made because of this RFP, or subsequent RFP. The City reserves the right to accept or reject any or all proposals, waive any formalities or minor technical inconsistencies, and/or delete any item/requirements from this RFP when deemed to be in City's best interest.

F. Failure to comply with all requirements contained in this RFP may result in the rejection of a proposal.

G. Receipt of an addendum of the RFP by a proposal must be acknowledged by submitting the signed addendum with the proposal.

H. A proposal may be modified or withdrawn in person at any time before the scheduled due date, provided a receipt for the withdrawn proposal is signed by the Proposer's authorized representative. The City reserves the right to request proof of authorization to withdraw a proposal.

I. The City may evaluate the proposals based on the anticipated completion of all or any portion of the requested services. The City reserves the right to divide the requested services into multiple parts, to reject any and all proposals and re - solicit for new proposals, or to reject any and all proposals and temporarily or permanently abandon the requested services.

J. The City may, in the evaluation of proposals, request clarification from Proposers regarding their proposals, obtain additional material or literature, and pursue other avenues of research as necessary to ensure that a thorough evaluation is conducted.

K. By submitting a proposal in response to this RFP, the Proposer accepts the evaluation process and acknowledges and accepts that determination will require subjective judgments by the City.

L. The City of Bell Gardens expects the highest level of ethical conduct from Proposers, including adherence to all applicable laws and local ordinances regarding ethical behavior.

M. If an agreement cannot be reached with the highest ranked Proposer, City reserves the right to terminate negotiations with that party and enter negotiations with the next highest ranked Proposer.

N. Factors such as, but not limited to, any of the following may be considered just cause to disqualify a response to the RFP without further consideration:
5K and Kids Run Race and Production Management Services 13 Exhibit 2 280

• Evidence of collusion, directly or indirectly, among Proposers in regard to the amount, terms, or conditions of this proposal;
• Any attempt to improperly influence any member of the selection staff; • Existence of any lawsuit, unresolved contractual claim or dispute between Proposer and the City;
• Evidence of incorrect information submitted as part of the RFP; • Evidence of Proposer's inability to successfully complete the responsibilities and obligations of the proposed scope of work; and • Proposer's default under any agreement, which results in termination of the Agreement.

O. Acceptance of any proposal is contingent upon the Proposer's certification and agreement by submittal of its offer, to comply and act in accordance with all provisions of the City's Municipal Code.

P. The successful Proposer shall not discriminate, in any way, against any person based on race, sex, color, age, religion, sexual orientation, actual or perceived gender identity, disability, ethnicity, or national origin, or any other protected classification in connection with or related to the performance of the Agreement.

Q. Any questions or clarification related to the contents of the RFP must be submitted to the City Clerks' Office at least five (5) calendar days prior to the due date of proposals. Oral explanations or instructions given prior to the opening of the offer shall not be binding. The City shall issue any official Addendums in writing or via https://www.bellgardensorq/i-want-to/view-bids-rfps/rfps-and-bids to all Proposers.
5K and Kids Run Race and Production Management Services 14 Exhibit 2 281

EXHIBIT "A"

PROFESSIONAL SERVICES AGREEMENT
5K and Kids Run Race and Production Management Services 15 Exhibit 2 282

(Parties: I
2023

PROFESSIONAL SERVICES AGREEMENT
(Enga ement:
and City of Bell Gardens)
THIS PROFESSIONAL SERVICES AGREEMENT (hereinafter, "Agreement") is made and entered into this day of 2023 (hereinafter, the
"Effective Date") by and between the CITY OF BELL GARDENS, a municipal corporation (hereinafter, "CITY") and IC, i1, (hereinafter, "CONSULTANT").

For the purposes of this Agreement, CITY and CONSULTANT may be referred to collectively by the capitalized term "Parties." The capitalized term "Party" may refer to CITY or CONSULTANT interchangeably, as appropriate.

RECITALS
WHEREAS, CITY requires professional consulting services and
WHEREAS, CITY staff has determined that CONSULTANT possesses the experience, skills and training necessary to competently provide such services to CITY; and
WHEREAS, the execution of this Agreement was approved by the Bell Gardens City Council at its Regular Meeting.

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

ENGAGEMENT TERMS
1 1 TERM: This A reement shall have a term commencing from the Effective Date through �� (hereinafter, the "Term"). Nothing in this Section shall operate to prohibit or otherwise restrict the CITY's ability to terminate this Agreement at any time for convenience or for cause as provided under Article V (Termination), below

1.2 SCOPE OF WORK
A. Subject to the terms and conditions of this Agreement, CONSULTANT agrees to provide the services and tasks described in that certain Request for Proposals of CITY entitled
(hereinafter, "CITY RFP" and the written proposal o
CONSULTANT entitled �� hereinafter, the
gal �1Z1 ti
"CONSULTANT PROPOSAL") dated �` � �` The
CITY RFP and the CONSULTANT PROPOSAL are attached and
incorporated hereto as Exhibit "A" and "B" respectively. The term "Scope of Work" shall be a collective reference to the CITY RFP and the Exhibit 2 283

CONSULTANT PROPOSAL. The capitalized term "Work" shall be a collective reference to all the various services and tasks referenced in the Scope of Work. In the event of any conflict or inconsistency between the provisions of the document entitled CITY RFP and the provisions of the document entitled CONSULTANT PROPOSAL, the requirements of the document entitled CITY RFP shall govern and control but only to the extent of the conflict or inconsistency and no further. In the event of any conflict or inconsistency between the provisions of the Scope of Work and the provisions of this Agreement to which the Scope of Work is attached, the provisions of this Agreement shall govern and control.

1.3 PROSECUTION OF WORK:

A. CONSULTANT shall perform Work continuously and with due diligence so as to complete the Work within the Term of this Agreement; B. CONSULTANT shall cooperate with CITY and in no manner interfere with the work of CITY, its employees or other consultants, contractors or agents; C. CONSULTANT shall not claim or be entitled to receive any compensation or damage because of the failure of CONSULTANT, or its subconsultants, to have related services or tasks completed in a timely manner; CONSULTANT shall at all times enforce strict discipline and good order among CONSULTANT's employees; and
E. CONSULTANT, at'its sole expense, shall pay all sales, consumer, use or other similar taxes required by law.

1.4 COMPENSATION: CONSULTANT shall erform the Work in accordance with (hereinafter, the
F4 � «z x
"COMPENSATION RATE"). The foregoing notwithstanding, CONSULTANT's total compensation for the performance of all Work contemplated under this A reement, will not exceed the total budgeted a re ate sum of g gg g
(hereinafter, the "Not -to -Exceed Sum")
during the prosecution of this Agreement, unless such added expenditure is first approved by the City Council. In the event CONSULTANT's charges are projected to exceed the Not -to -Exceed Sum prior to the expiration of this Agreement, CITY may suspend CON.SULTANT's performance pending CITY approval of any anticipated expenditures in excess of the Not -to -Exceed Sum or any other CITY approved amendment to the compensation terms of this Agreement.

1.5 PAYMENT OF COMPENSATION: Following the conclusion of the work requested in Section 1.1, CONSULTANT shall submit to CITY an itemized invoice indicating the services performed and tasks completed during the recently concluded calendar month, including services and tasks performed and the reimbursable out- of-pocket expenses incurred. If the amount of CONSULTANT's compensation is a function of hours worked by CONSULTANT's personnel, the invoice should indicate the number of hours worked, the persons responsible for performing the 2 Exhibit 2 284

Work, the rate of compensation at which such services and tasks were performed, the subtotal for each task and service performed and a grand total for all services performed. Within thirty (30) calendar days of receipt of each invoice, CITY will notify CONSULTANT in writing of any disputed amounts included in the invoice.

Within forty-five (45) calendar days of receipt of each invoice, CITY will pay all undisputed amounts included on the invoice. CITY will not withhold applicable taxes or other authorized deductions from payments made to CONSULTANT.

PERFORMANCE OF AGREEMENT

2.1 CITY'S REPRESENTATIVE: The CITY hereby designates`�tt, (hereinafter, the "City Representative") to act as its
representative for the performance of this Agreement. The City Representative or their designee will act on behalf of the CITY for all purposes under this Agreement.

CONSULTANT will not accept directions or orders from any person other than the City Representative or their designee.

2.2 CONSULTANT REPRESENTATIVE: CONSULTANT hereby designates to act as its representative for the
performance of this Agreement (hereinafter, "Consultant Representative").

Consultant Representative will have full authority to represent and act on behalf of the CONSULTANT for all purposes under this Agreement. Consultant Representative or their designee will supervise and direct the performance of the Work, using their best skill and attention, and will be responsible for all means, methods, techniques, sequences and procedures and for the satisfactory coordination of all portions of the Work under this Agreement. Notice to the Consultant Representative will constitute notice to CONSULTANT. 3 Exhibit 2 285

2.3 COORDINATION OF SERVICE; CONFORMANCE WITH REQUIREMENTS:

2.4 STANDARD OF CARE; PERFORMANCE OF EMPLOYEES: CONSULTANT represents, acknowledges and agrees to the following:

A. CONSULTANT will perform all Work skillfully, competently and to the highest standards of CONSULTANT's profession;
B. CONSULTANT shall at all times employ such force, plant, materials, and tools as will be sufficient in the opinion of the CITY to perform the Services within the time limits established, and as provided herein. It is understood and agreed that said tools, equipment, apparatus, facilities, labor, and material shall be furnished and said Services performed and completed as required by the Agreement, and subject to the approval of the CITY's authorized representative;
C. CONSULTANT will perform all Work in a manner reasonably satisfactory to the CITY;
D. CONSULTANT will comply with all applicable federal, state and local laws and regulations, including the conflict of interest provisions of Government Code Section 1090 and the Political Reform Act (Government Code Section 81000 et seq.). CONSULTANT shall be liable for all violations of such laws and regulations in connection, with Services. If CONSULTANT performs any work knowing it to be contrary to such laws, rules and regulations, CONSULTANT shall be solely responsible for all costs arising therefrom; CONSULTANT understands the nature and scope of the Work to be performed under this Agreement as well as any and all schedules of performance;'
F. All of CONSULTANT's employees and agents possess sufficient skill, knowledge, training and experience to perform those services and tasks assigned to them by CONSULTANT; and
G. All of CONSULTANT's employees and agents (including, but not limited to, subcontractors and subconsultants) possess all licenses, permits, certificates, qualifications and approvals of whatever nature that are legally required to perform the tasks and services contemplated under this Agreement and all such licenses, permits, certificates, qualifications and approvals will be maintained throughout the term of this Agreement and made available to CITY for copying and inspection.

The Parties acknowledge and agree that CONSULTANT will perform, at CONSULTANT's own cost and expense and without any reimbursement from 4 Exhibit 2 286

CITY, any services necessary to correct any errors or omissions caused by CONSULTANT's failure to comply with the standard of care set forth under this Section or by any like failure on the part of CONSULTANT's employees, agents, contractors, subcontractors and subconsultants. Such effort by CONSULTANT to correct any errors or omissions will be commenced immediately upon their discovery by either Party and will be completed within seven (7) calendar days from the date of discovery or such other extended period of time authorized by the City Representative in writing and in their sole and absolute discretion. The Parties acknowledge and agree that CITY's acceptance of any work performed by CONSULTANT or on CONSULTANT's behalf will not constitute a release of any deficiency or delay in performance. The Parties further acknowledge, understand and agree that CITY has relied upon the foregoing representations of CONSULTANT, including but not limited to the representation that CONSULTANT possesses the skills, training, knowledge and experience necessary to perform the Work skillfully, competently and to the highest standards of CONSULTANT's profession.

2.5 ASSIGNMENT: The skills, training, knowledge and experience of CONSULTANT are material to CITY's willingness to enter into this Agreement, Accordingly, CITY has an interest in the qualifications and capabilities of the person(s) who will perform the services and tasks to be undertaken by CONSULTANT or on behalf of CONSULTANT in the performance of this Agreement. In recognition of this interest, CONSULTANT agrees that it will not assign or transfer, either directly or indirectly or by operation of law, this Agreement or the performance of any of CONSULTANT's duties or obligations under this Agreement without the prior written consent of the CITY. In the absence of CITY's prior written consent, any attempted assignment or transfer will be ineffective, null and void and will constitute a material breach of this Agreement.

2.7 CONTROL AND PAYMENT OF SUBORDINATES; INDEPENDENT
CONTRACTOR: The Work will be performed by CONSULTANT or under CONSULTANT's strict supervision. CONSULTANT will determine the means, methods and details of performing the Work subject to the requirements of this Agreement. CITY retains CONSULTANT on an independent contractor basis and not as an employee. CONSULTANT reserves the right to perform similar or different services for other principals during the term of this Agreement, provided 5 Exhibit 2 287

such work does not unduly interfere with CONSULTANT's competent and timely performance of the Work contemplated under this Agreement and provided the performance of such services does not result in the unauthorized disclosure of CITY's confidential or proprietary information. Any additional personnel performing the Work under this Agreement on behalf of CONSULTANT are not employees of CITY and will at all times be under CONSULTANT's exclusive direction and control. CONSULTANT will pay all wages, salaries and other amounts due to such personnel and will assume responsibility for all benefits, payroll taxes, Social Security and Medicare payments and the like. CONSULTANT will be responsible for all reports and obligations respecting such additional personnel, including, but not limited to: Social Security taxes, income tax withholding, unemployment insurance, disability insurance, workers' compensation insurance and the like.

CONSULTANT will be solely responsible for the negligent acts and/or omissions of its employees, agents, contractors, subcontractors and subconsultants.

CONSULTANT and all persons retained or employed by CONSULTANT will have no authority, express or implied, to bind CITY in any manner, nor to incur any obligation, debt or liability of any kind on behalf of, or against, CITY, whether by contract or otherwise, unless such authority is expressly conferred to CONSULTANT under this Agreement or is otherwise expressly conferred by CITY in writing.
6 Exhibit 2 288

III.

INSURANCE

C. Workers' Compensation Insurance/ Employer's Liability Insurance: A policy of workers' compensation insurance in such amount as will fully comply with the laws of the State of California and which will indemnify, insure and provide legal' defense for both CONSULTANT and CITY against any loss, claim or damage arising from any injuries or occupational diseases occurring to any worker employed by or any persons retained by CONSULTANT in the course of carrying out the Work contemplated in this Agreement.

D. Errors & Omissions Insurance: For the full term of this Agreement and for a period of three (3) years thereafter, CONSULTANT will procure and maintain Errors and Omissions Liability Insurance appropriate to CONSULTANT's profession. Such coverage will have minimum limits of no less than One Million Dollars ($1,000,000.00) per claim.

provided elsewhere under this Article, all required insurance will be procured from insurers who, according to the latest edition of the Best's Insurance Guide, have an A.M. Best's rating of no less than A:VII. CITY may also accept policies procured by insurance carriers with a Standard & Poor's rating of no less than BBB according to the latest published edition the Standard & Poor's rating guide. As to Workers' Compensation Insurance/ Employer's Liability Insurance, the CITY Representative is authorized to authorize lower ratings than those set forth in this Section.

3.4 PRIMACY OF CONSULTANT'S INSURANCE: All policies of insurance provided by CONSULTANT will be primary to any coverage available to CITY or CITY's elected or appointed officials, officers, employees, agents or volunteers. Any insurance or self-insurance maintained by CITY' orCITY's elected or appointed officials, officers, employees, agents or volunteers will be in excess of CONSULTANT's insurance and will not contribute with it.

3.6 VERIFICATION OF COVERAGE: CONSULTANT acknowledges, understands and agrees, that CITY'S ability to verify the procurement and maintenance of the insurance required under this Article is critical to safeguarding CITY's financial well-being and, indirectly, the collective well-being of the residents of the CITY.

Iv.

INDEMNIFICATION

CONSULTANT's obligation to indemnify shall not be restricted to insurance proceeds, if any, received by the CITY, its officials, officers, employees, agents or volunteers.

4.3 CITY shall have the right to offset against the amount of any compensation due to CONSULTANT under this Agreement, any amount due to CITY from CONSULTANT as a result of CONSULTANT'sfailure to either pay CITY promptly for any costs associated with CONSULTANT's obligations to indemnify the City Indemnitees under this Article, or related to CONSULTANT's failure to either (i) pay taxes on amounts received pursuant to this Agreement, or (ii) comply with applicable workers' compensation laws.

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

TERMINATION

5.2 EVENTS OF DEFAULT; BREACH OF AGREEMENT:

of Default, the Party alleging an Event of Default will give written notice to the defaulting Party (hereinafter referred to as a "Default Notice") which will specify: (i) the nature of the Event of Default; (ii) the action required to cure the Event of Default; (iii) a date by which the Event of Default will be cured, which will not be less than the applicable cure period set forth under Sections 5.2(B) and 5.2(C), below, or if a cure is not reasonably possible within the applicable cure period, to begin such cure and diligently prosecute such cure to completion. The Event of Default will constitute a breach of this Agreement if the defaulting Party fails to cure the Event of Default within the applicable cure period or any extended cure period allowed under this Agreement.

B. CONSULTANT will cure the Event of Default within the following time periods:

Within ten (10) business days of.CITY's issuance of a Default Notice for any failure of CONSULTANT to timely provide CITY or CITY'S employees or agents with any information and/or written reports, documentation or work product which CONSULTANT is obligated to provide to CITY or CITY's employees or agents under this Agreement.

Prior to the expiration of the 10 -day cure period, CONSULTANT may submit a written request for additional time to cure the Event of Default upon a showing that CONSULTANT has commenced efforts to cure the Event of Default and that the Event of Default cannot be reasonably cured within the 10 -day cure period. The foregoing notwithstanding, CITY will be under no obligation to grant additional time for the cure of an Event of Default under this Section 5.2(B)(i) that exceeds seven (7) calendar days from the end of the initial 10 -day cure period; or Within fourteen (14) calendar days of CITY's issuance of a Default Notice for any other Event of Default under this Agreement. Prior to the expiration of the 14 -day cure period, CONSULTANT may submit a written request for additional time to cure the Event of Default upon a showing that CONSULTANT has commenced efforts to cure the Event of Default and that the Event of Default cannot be reasonably cured Within the 14 -day cure period. The foregoing notwithstanding, CITY will be under no obligation to grant additional time for the cure of an Event of Default under this Section 5.2(B)(ii) that exceeds thirty (30) calendar days from the end of the initial 14 -day cure period.

In addition to any other failure on the part of CONSULTANT to perform any duty, obligation, service or task set forth under this Agreement (or the failure to timely perform or properly perform any such duty, obligation, service or task), an Event of Default on the part of CONSULTANT will include, but will not be limited to the following: (i) CONSULTANT's refusal or failure to perform any of the services or tasks called for under the Scope of Work; (ii) CONSULTANT's failure to fulfill or perform its obligations under this Agreement within the specified time or if no time is specified, within a reasonable time; (iii) CONSULTANT's and/or its employees' disregard or 11 Exhibit 2 293

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

D. CITY, in its sole and absolute discretion, may also immediately suspend CONSULTANT's performance under this Agreement pending
CONSULTANT's cure of any Event of Default by giving CONSULTANT written notice of CITY's intent to suspend CONSULTANT's performance (hereinafter, a "Suspension Notice' ). CITY may issue the Suspension Notice at any time upon the occurrence of an Event of Default. Upon such suspension, CONSULTANT will be compensated only for those services and tasks which have been rendered by CONSULTANT to the reasonable satisfaction of CITY up to the effective date of the suspension. No actual or asserted breach of this Agreement on the part of CITY will operate to prohibit or otherwise restrict CITY's ability to suspend this Agreement as provided herein.

E. No waiver of any Event of Default or breach under this Agreement will constitute a waiver of any other or subsequent Event of Default or breach.

No waiver, benefit, privilege, or service voluntarily given or performed by a Party will give the other Party any contractual rights by custom, estoppel, or otherwise.

F. The duties and obligations imposed under this Agreement and the rights and remedies available hereunder will be in addition to and not a limitation of any duties, obligations, rights and remedies otherwise imposed or available by law. In addition to any other remedies available to CITY at law or under this Agreement in the event of any breach of this Agreement, CITY, in its sole and absolute discretion, may also pursue any one or more of the following remedies:

Upon written notice to CONSULTANT, the CITY may immediately Exhibit 2
12 294

terminate this Agreement in whole or in part;
ii. Upon written notice to CONSULTANT, the CITY may extend the time of performance;
iii. The CITY may proceed by appropriate court action to enforce the terms of the Agreement to recover damages for CONSULTANT's breach of the Agreement or to terminate the Agreement; or
iv. The CITY may exercise any other available and lawful right or remedy.

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

Bell Gardens City CouncilJune 26, 2023

Bell Gardens City Council
June 26, 2023