Agenda packet — Bell Gardens City Council, August 14, 2023 (part 1 of 2)

CI TY OF BELL GARDENS

C IT Y C O UNC IL / S UC C E S S O R AG E NC Y T O T HE C O M M UNIT Y

D E V E L O P M E NT C O M M I S S I O N

J O I NT M E E T ING
M O ND AY, AUG US T 14, 2023, 6:00 P M

AG E ND A
L O C AT IO N: C I T Y C O UNC I L C HAM B E RS, 7100 G ARF IE L D AV E NUE, B E L L G ARD E NS, C A 90201 T he meeting will be held at B ell Gardens City Hall in the Council Chambers. T he 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 .

AC C E S S IB I L IT Y: I f requested, the agenda and backup materials will be made available in appropriate alternative formats to persons with a disability, as required by S ection 202 of the A mericans with D isabilities A ct of 1990 (42 U.S .C . S ec. 12132), and the f ederal rules and regulations adopted in implementation thereof . Any person who requires a disability-related modif ication or accommodation, in order to observe and/or of f er public comment may request such reasonable modification, accommodation, aid, or service by contacting the City C lerk's of f ice by telephone at 562-806-7704 or via email to CityC [email protected] no later than 72-hours bef ore the scheduled meeting.

P UB L IC PART I C IPAT IO N: T he 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 C ity Council / S uccessor Agency. P ublic comments are limited to three (3) minutes per person for each designated public comment period(s). P ublic comments for non- agenda items will be limited to a total of 30 minutes. P ublic comments can be made by any of the following ways:

I N-P E RS O N: Members of the public can provide in-person comments at the podium in the Council C hamber. P ublic comments are limited to three (3) minutes f or 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 C ouncil / Agency Members should do so by submitting a "Public Comment Card" card by 5:00 p.m. for C losed Session items and by 6:00 p.m. f or all other designated public comment periods as listed.

B Y T E L E P HO NE: P hone Number: (669)900-9128 Webinar I D : 813 3236 4343# Passcode: 2021# To address the C ity C ouncil press *9 to raise your hand then *6 to unmute yourself when instructed.

V IRT UAL LY L I V E : Members of the public may participate via Z oom by https://zoom.us/join and entering the Z oom Meeting I D: 813 3236 4343 Passcode: 2021
C omments may also be made via the Z oom app by using the "R aise Hand" feature when it is your turn to speak the host will unmute you. C omments will not be accepted in the QandA Chat f unction of the zoom app.

WRIT T E N C O M M E NT S: Public comments may be emailed to Public [email protected] or mailed to: City Clerk's Of f ice, 7100 Garf ield Ave., B ell Gardens, C A 90201. To ensure distribution to the members of the City Council / A gency Members prior to consideration of the agenda, please submit comments no later than one (1) hour prior to the meeting. T hose comments, as well as any comments 1 received after, will be distributed to the members of the C ity C ouncil / S uccessor A gency and will be part of the official public record of this meeting.

F or more information, you may contact the C ity Clerk's of f ice during regular business hours 7:30 a.m. to 6:00 p.m., Monday through T hursday at (562) 806-7704.

P UB L IC HE ARING: P ublic participation will be separately called for the public to provide comments at the time of each public hearing item. S peakers who wish to provide a comment should do so by submitting a "P ublic Comment Card" to the staff liaison, clerk, prior to the designated public comment period.

C AL L T O O RD E R

INV O C AT I O N

P L E D G E O F AL L E G IANC E

RO L L C AL L O F C I T Y C O UNC IL M E M B E RS / S UC C E S S O R AG E NC Y T O T HE C O M M UNI T Y

D E V E L O P M E NT C O M M IS S IO N M E M B E RS
Marco B arcena, C ouncil Member / Agency Member
Maria Pulido, C ouncil Member / Agency Member
J orgel C havez, Mayor P ro Tem / Vice Chair
F rancis De L eon S anchez, Mayor / C hair

P RE S E NTAT IO NS
•P RO C L AM AT IO N F O R NAT I O NAL F E NTANY L P RE V E NT IO N AND AWARE NE S S D AY P UB L IC HE ARING (Item No. 1)

1.C O NS ID E RAT I O N O F A RE S O L UT I O N AP P RO V ING AND AUT HO RIZING A

RE I M B URS E M E NT AG RE E M E NT WIT H T HE L O S ANG E L E S C O UNT Y D E V E L O P M E NT AUT HO RI T Y F O R T HE C IT Y ’S C O NT I NUE D PART I C IPAT IO N I N T HE P E RM ANE NT L O C AL HO US I NG AL L O C AT I O N (P L HA) P RO G RAM F O R Y E AR 3 (2023) AL L O C AT I O N T O I M P L E M E NT T HE P RO G RAM D URING F IS C AL Y E AR (F Y) 2023-2024 I t is staf f 's recommendation that the C ity Council conduct a public hearing and adopt the attached Resolution, approving and authorizing a reimbursement agreement with the L os Angeles C ounty Development A uthority f or the City’s participation in the L os Angeles Urban County P ermanent L ocal Housing A llocation (P L HA) P rogram for Year 3 (2023) A llocation to implement the program during F iscal Year (F Y) 2023-2024.

Recommendation:

I t is staf f 's recommendation that the C ity Council conduct a public hearing and adopt the attached Resolution, approving and authorizing a reimbursement agreement with the L os Angeles C ounty Development A uthority f or the City’s participation in the L os Angeles Urban County P ermanent L ocal Housing A llocation (P L HA) P rogram for Year 3 (2023) A llocation to implement the program during F iscal Year (F Y) 2023-2024.

P UB L IC C O M M E NT S O N NO N-AG E ND A I T E M S UND E R T HE S UB J E C T M AT T E R

J URIS D I C T IO N O F T HE C I T Y C O UNC I L / S UC C E S S O R AG E NC Y D uring this time, the members of the public may address the C ity Council / Successor A gency regarding 2 any items within the subject matter jurisdiction of the City Council / S uccessor A gency. Public comments are limited to 3 minutes per person subject to an overall 30-minute period for non-agenda items.

Government C ode S ection 54590 prohibits the City Council / S uccessor A gency from taking action or engaging in discussion on a specific item unless it appears on the agenda.

P UB L IC C O M M E NT S O N AG E ND A I T E M S O NLY D uring this time, the members of the public may address the City Council / A gency Members regarding any items listed on the agenda. P ublic comments are limited to 3 minutes per person.

C I T Y M ANAG E R'S RE P O RT
C O NS E NT C AL E ND AR (Items No. 2 - 10)
All matters listed under the Consent Calendar are considered to be routine and can be acted on by one roll call vote. T here will be no separate discussion of these items unless members of the City C ouncil / Successor A gency request specif ic items to be removed f rom the Consent Calendar for separate action.

I tems called f or separate discussion will be heard as the next order of business.

2.G E NE RAL M O T I O N T O WAIV E F UL L RE AD I NG AND AP P RO V E O RD INANC E S B Y T I T L E O NLY P URS UANT T O C AL I F O RNIA G O V E RNM E NT C O D E S E C T I O N 36934 I n order to expedite the conduct of business at City C ouncil meetings, California S tate L aw (California Government C ode Section 36934) allows Ordinances to be read by title if a majority of the legislative body supports the motion to waive the f ull reading.

Recommendation:

I t is staff's recommendation that the C ity C ouncil approve a general motion to waive f ull reading and approve Ordinances by title only pursuant to C alif ornia Government Code Section 36934.

3.AP P RO VAL M I NUT E S O F J ULY 24, 2023 C IT Y / S UC C E S S O R AG E NC Y J O I NT

M E E T I NG
A pprove the minutes of the J uly 24, 2023 C ity/Successor Agency J oint Meeting.

Recommendation:

I t is staf f 's recommendation that the C ity Council approve the minutes of the J uly 24, 2023 City/S uccessor A gency J oint Meeting.

4.WARRANT RE G I S T E RS AND WI RE T RANS F E RS
I n approving the action of receiving and f iling the warrant registers, the official minutes of the Bell Gardens City C ouncil should state that each individual member of the City C ouncil is not voting on, inf luencing 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, inf luencing or voting on any such warrant bearing their name or which benef its 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:

I t is staff's recommendation that the C ity C ouncil receive and f ile the warrant registers, wire transfers, and net payrolls dated 07/10/23, 07/11/23, 07/13/23, 07/18/23, 07/24/23 and 07/25/23. 3 5.S E C O ND RE AD ING O F O RD INANC E NO. 936 T O AD O P T A M IL I TARY E Q UI P M E NT P O L IC Y (“P O L IC Y ”) AS RE Q UIRE D B Y AS S E M B LY B I L L 481 (“AB 481”) T he proposed Ordinance No. 936 adopts a policy for B ell Gardens P olice Department ("D epartment") in compliance with A ssembly Bill 481 (Chiu) ("A B 481") to address the funding, acquisition, and use by the D epartment of items deemed “military equipment” by lawmakers. T he policy meets the law’s requirements by listing the D epartment’s inventory of military equipment; outlining a process f or the public to submit questions, concerns, and complaints in relation to the use of each type of equipment; providing f or the preparation of an annual report subject to C ity Council review and approval; and establishing a webpage f or updates and the posting of annual reports.

Recommendation:

I t is staff's recommendation that the City C ouncil by motion waive the full reading and adopt Ordinance No. 936 approving the Military Equipment P olicy (“P olicy”) in accordance with state law.

6.C O NS ID E RAT I O N O F A RE S O L UT IO N AP P RO V I NG AM E ND M E NT NO. 1 T O T HE

M E AS URE R F UND ING AG RE E M E NT F O R T HE E AS T E RN AV E NUE AND G ARF I E L D AV E NUE INT E RS E C T I O N IM P RO V E M E NT P RO J E C T (C IP# 3881) T he City entered into a Measure R Funding A greement with the L os A ngeles County Metropolitan Transportation A uthority for the Garfield Avenue and E astern Avenue I ntersection I mprovement P roject which was effective March 2019. Amendment No. 1 to the Measure R F unding Agreement will revise the schedule and extend the f unds f or F iscal Year 2018-2019 through J une 30, 2025.

Recommendation:

I t is staf f 's recommendation that the C ity Council adopt the attached Resolution approving A mendment No. 1 to the Measure R F unding Agreement between City of Bell G ardens and the L os A ngeles County Metropolitan Transportation A uthority for the G arf ield Avenue and E astern Avenue I ntersection I mprovement P roject.

7.RE J E C T IO N O F B ID S RE C E IV E D F O R T HE F Y 2021-2022 VARIO US AL L E Y I M P RO V E M E NT S P RO J E C T - C.I.P. NO. 3917
On A pril 27, 2023, the C ity received two bids for this project. A ll bids are recommended to be rejected.

Recommendation:

I t is staf f ’s recommendation that the C ity Council approve the rejection of the bids received on April 27, 2023, f or the F Y 2021-2022 Various Alley I mprovements P roject.

8.AP P RO VAL O F P L ANS AND S P E C IF I C AT IO NS AND AUT HO RI ZAT I O N T O S O L IC I T B ID S F O R T HE VARI O US AL L E Y I M P RO V E M E NT S P RO J E C T (C .I.P. NO. 3930) T he plans and specif ications for the Various A lley I mprovements Project have been prepared.

A pproval of this item will allow the City to advertise the project for bids.

Recommendation:

I t is staff’s recommendation that the C ity C ouncil:

1. A pprove the plans and specifications f or the Various A lley I mprovements Project;

2. A uthorize staf f to solicit competitive bids and publish the Notice I nviting Sealed Bids (NI B );

3. Conf irm that the project is categorically exempt from the California E nvironmental Quality Act 4 (C E Q A) pursuant to Guideline S ection 1530 (c).

9.C O NS ID E RAT I O N O F A RE S O L UT IO N AP P RO V ING AN AG RE E M E NT WI T H NAT IO NAL

AUT O F L E E T G RO UP F O R T HE P URC HAS E O F T WO P UB L IC WO RK S V E HIC L E S A doption of the proposed R esolution would authorize the C ity to purchase two P ublic Works vehicles f rom National F leet Group through a cooperative agreement f rom S ourcewell.

Recommendation:

I t is staff’s recommendation that the C ity C ouncil:

1. A dopt the attached resolution approving an E quipment P rocurement A greement with National A uto Fleet Group for the purchase of two Public Works vehicles for a total of $110,754.48 under Sourcewell Contract No. 091521-NA F ; and

2. Appropriate an additional $11,000 in Gas Tax f unds in budget account no. 4550 3140.

10.C O NS ID E RAT I O N O F A RE S O L UT IO N AP P RO V I NG T HE F IL I NG O F T WO

AP P L IC AT I O NS F O R M E AS URE A G RANT F UND S F RO M T HE L O S ANG E L E S C O UNT Y

RE G I O NAL PARK AND O P E N S PAC E D IS T RIC T F O R T HE F O RD PARK P L AY G RO UND

AND RE S T RO O M RE P L AC E M E NT AND T HE F O RD PARK P L AY G RO UND NE W

S URFAC ING
A doption of the proposed R esolution would authorize the City to submit two Measure A grant applications to the Los Angeles County Regional Park and Open Space District for the Ford Park Playground and Restroom Replacement Project.

Recommendation:

I t is staff’s recommendation that the City Council adopt the attached R esolution approving the filing of two Measure A grant applications f or the F ord Park P layground and Restroom R eplacement and the F ord Park Playground New Surfacing.

D I S C US S IO N (Items No. 11 - 13)

11.L O C AL C O M M I S S I O NS AP P O I NT M E NT L I S T T he L ocal Commissions Appointments L ist outlines the City of B ell Gardens Commissions and Commissioners. Per the B ell Gardens Municipal Code, City Commissions consist of Bell Gardens residents appointed by each member of the City Council. C ouncil Members may remove commissioners during any regular City Council meeting and may appoint commissioners f ollowing 10 working days after the posting of the vacancy notice.

Recommendation:

I t is staf f 's recommendation that the C ity Council review the C ommissions Appointments L ist and by motion, remove commissioners and/or make appointments to the posted vacancies.

12.C IT Y C O UNC IL AP P O INT M E NT T O E X T E RNAL C O M M I T T E E S City C ouncil Members serve on various external boards and committees, representing the City of B ell Gardens. T his report provides a listing of all the boards and committees and the names of the Council Members that serve on the boards/committees. T he Council may make appointment revisions to this list at this time.

Recommendation:
5 I t is staff's recommendation that the City Council make changes, reappointments, or appointments as necessary to the attached matrix of C ouncil Appointments to E xternal R egulatory and A dvisory B oards, Commissions, and C ommittees.

13.C O ND UC T I NT E RV IE W O F AP P L I C ANT S F O R C IT Y C O UNC IL O F F I C E VAC ANC Y A vacancy has occurred in the C ity C ouncil. T he City Council will conduct an interview of applicants f or a city council office vacancy.

Recommendation:

I t is staff's recommendation that the C ity C ouncil:

1. R eceive application of persons residing in the City of B ell Gardens applying for appointment to the vacancy in the Council of f ice; and

2. Conduct interviews of applicants (Exhibit 1); and

3. A dopt a Resolution (E xhibit 2) of the C ity Council of the C ity of Bell Gardens making an appointment to fill a vacancy in the City C ouncil of f ice pursuant to Government Code S ection 36512.

C I T Y C O UNC I L / S UC C E S S O R AG E NC Y M E M B E R C O M M E NT S

AD J O URNM E NT
D aisy Gomez, C ity C lerk
Agenda posted on A ugust 10, 2023.
6 CIT Y OF BE LL GARDENS

O F F I C E O F T HE C I T Y M ANAG E R

AG E ND A RE P O RT
I tem 1.

T O:Honorable Mayor and C ity C ouncil Members
F RO M : Michael B. O’Kelly, City Manager
B Y:Gustavo R omo, Community D evelopment Director
S UB J E C T:C O NS I D E RAT IO N O F A RE S O L UT I O N AP P RO V I NG AND AUT HO RIZING A

I t is staff's recommendation that the City Council conduct a public hearing and adopt the attached Resolution, approving and authorizing a reimbursement agreement with the L os A ngeles County Development Authority for the C ity’s participation in the L os Angeles Urban County Permanent L ocal Housing A llocation (P L HA ) P rogram for Year 3 (2023) A llocation to implement the program during F iscal Year (F Y) 2023-2024.

B AC K G RO UND/D IS C US S I O N:

I n 2017, the S tate of California approved S enate B ill (S B 2), which created the B uilding Homes and J obs Act and the Permanent L ocal Housing Allocation (P L HA ) Program. The P L HA program is the S tate’s first permanent source of funding for affordable housing, something cities have not had since the elimination of Redevelopment. R evenue is generated through recording f ees on real estate transactions and, therefore, will vary from year to year depending on activity.

T he P L HA f unds, allocated by the County of L os A ngeles, provides a stable f unding source f or local governments to address affordable housing stock shortages in the f ollowing manners:

I ncrease the supply of affordable housing;
I ncrease assistance to af f ordable owner-occupied workf orce housing; A ssist persons experiencing or at risk of homelessness; F acilitate housing af f ordability; and
P romote projects and programs to meet the local government’s unmet share of regional housing needs allocation.

T he City received $376,671 f or F Y 2020–2021 (Year 1 P rogram) and $585,463 for F Y 2021-2022 (Year 2 Program) for a total of $962,134. A total of $126,671 was used towards eviction defense by B ell Gardens tenants who benef ited from these f unds. The f unds from Year 1 and Year 2 will be rolled over so the C ity can continue to use. However, for the purposes of this report, the Council is being requested to authorize participation in F Y 2023– 2024 (Year 3 P rogram) funding, which is a new allocation of $669,659. Staff is proposing these funds be used to implement a rent subsidy program to assist tenants and prevent homelessness. T he C ounty is asking jurisdictions to use their funds, or a portion of their funds to assist residents with a “Homeless P revention P rogram,” which would be 7 administered by the C ounty. However, cities have the option of using the funds f or other eligible activities as identif ied in E xhibit 2 (P roject D escriptions and A ctivity B udgets). To receive the funding allocation, the C ity must submit a P L HA program application, which meets the f ollowing requirements:

T he C ity’s Housing E lement is in substantial compliance with the S tate Housing Element L aw (Note:

B ell Gardens has a certified Housing Element);

T he City submitted the General P lan’s A nnual Progress R eport to S tate HC D , as required; T he P L HA application requests an allocation to carry out one or more eligible activity and the submission is authorized by the C ity C ouncil; and

P L HA funds distributed to a program operator do not have conflict of interest and are accessible to the public.

W hen the C ity was allocated $376,671 in Year 1 (F Y 2020-2021), the C ity C ouncil elected to use the f unds partially for eviction defense through C ounty L egal Assistance and partially f or first-time homeowners, including, but not limited to down payment assistance. F rom Year 1 allocated f unds of $376,671, the City used $126,671 towards eviction defense. However, none of the f unds have been requested f or first-time homeowner opportunities, likely because the City has utilized its C alHome grant. This year the recommendation is to use the funding as a rent subsidy program f or renters that are experiencing hardships to prevent homelessness based on the many requests staf f receives from tenants for assistance. T he C ity's C D B G/Covid rental assistance program went a long way and was very successf ul. However, funds ran out quickly, leaving many tenants with continued need f or assistance after the pandemic ended and county and state rent moratoriums ended.

Staf f is recommending that the C ity Council authorize C ity staff to administer all aspects of the P L HA on behalf of the City for the following eligible activities as identif ied in the P L HA L ist of E ligible A ctivities (Exhibit 2). A uthority to administer the P L HA f unds does not alter the City C ouncil’s authority over decision-making on individual projects and programs. Unless previously authorized by the City Council, all funding commitments f or individual multif amily projects and/or homeownership programs will be brought forth to the City C ouncil f or review and approval for the following:

1. To assist persons who are experiencing or at risk of homelessness, including, but not limited to, providing rapid rehousing, rental assistance, supportive/case management services that allow people to obtain and retain housing, operating and capital costs for navigation centers and emergency shelters, and the new construction, rehabilitation, and preservation of permanent and transitional housing.

2. To provide temporary f inancial assistance to eligible households that have been screened through the P L HA S upportive C ase Management Program. F inancial assistance will be in the form of a monthly rental subsidy. T he subsidy will cover up to 30% of the household’s monthly rent f or no more than one (1) year and for no less than six (6) months. Eligible households must have a minimum area median income (A MI ) of 30%. P articipants must be able to contribute 60% or more of their total income towards rent.

3. To establish a team of skilled case managers that will identify households at risk of homelessness. C ase management includes, but is not limited to, the f ollowing services: housing stability assistance, homeless prevention, guidance on tracking expenses, managing bills and prioritizing financial obligations, and review of applications for the C ity of B ell Gardens P L HA R ental Assistance Program (R A P ). P articipants that are approved f or the P L HA R A P will continue to receive supportive case management that provides resources for financial counseling, employment assistance, and healthcare services. 8 E NV IRO NM E NTAL RE V I E W:

Pursuant to the California E nvironmental Quality A ct (“C E Q A ”), the adoption of the attached Resolution approving and authorizing the C ity’s continued participation in the P ermanent L ocal Housing A llocation (P L HA) P rogram was determined to be exempt from C E Q A under the common sense exemption set f orth at California Code of R egulations, Title 14, § 15061(b)(3) (C E Q A G uidelines) in that it can be seen with certainty that no significant impact on the environment would occur f rom the adoption of the resolution.

C O NC L US I O N:

Staf f recommends that the City C ouncil adopt the attached R esolution approving and authorizing a reimbursement agreement with the L os Angeles C ounty D evelopment A uthority for the City’s continued participation in the L os Angeles County D evelopment A uthority Permanent L ocal Housing A llocation Program, thereby initiating a new rental assistance program for B ell Gardens residents. A lthough this item did not require a public hearing, but only public noticing, a duly noticed public hearing was noticed on the matter on the proposed standards of operation on J uly 14th and J uly 17th. A f ter the public hearing introduction of the matter on August 14 th, if the Council signif ies its intent to approve, no second notice will be needed.

F I S C AL I M PAC T:

No impact. T he P L HA funds are restricted f unds provided by the C alif ornia S tate Department of Housing and C ommunity D evelopment and will supplement the City’s resources to increase the supply of af f ordable housing. No matching f unds are required.

AT TAC HM E NT S :

D escription
Exhibit 1 - Resolution No. 2023-60
Exhibit 2 – Project D escriptions and A ctivity Budgets (E xhibit A’s) Exhibit 3 – Public Notice
AP P RO V E D E L E C T RO NI C AL LY B Y:

Michael B . O'K elly, C ity Manager
S tephanie Vasquez, City Attorney and/or Susie A ltamirano, Assistant City Attorney Manuel Carrillo, Director of F inance and Administrative Services 9 RESOLUTION NO. 2023-60

A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF BELL

GARDENS, CALIFORNIA, APPROVING AND AUTHORIZING A

REIMBURSEMENT AGREEMENT WITH THE LOS ANGELES COUNTY

DEVELOPMENT AUTHORITY FOR THE PARTICIPATION IN THE

PERMANENT LOCAL HOUSING ALLOCATION (PLHA) PROGRAM FOR
YEAR 3 (2023) ALLOCATION TO IMPLEMENT THE PROGRAM DURING FISCAL YEAR (FY) 2023-2024

WHEREAS, Senate Bill (SB 2) created the Building Homes and Jobs Act and the Permanent Local Housing Allocation (“PLHA”) Program, which is the first permanent source of funding for affordable housing;

WHEREAS, revenue is generated through recording fees on real estate transactions and, therefore, will vary from year to year depending on activity;

WHEREAS, the PLHA funds, allocated by the Los Angeles County Development Authority provides a stable funding source for local governments to address affordable housing stock shortages by increasing the supply of affordable housing, increasing assistance to affordable owner-occupied workforce housing, assisting persons experiencing or at risk of homelessness, facilitating housing affordability and promoting projects and programs to meet the local government’s unmet share of regional housing needs allocation;

WHEREAS, the City Council of the City of Bell Gardens desires to participate in the PLHA Program for the period beginning January 2023;

WHEREAS, the City Council of the City of Bell Gardens authorizes staff to administer all aspects of the PLHA on behalf of the City for these eligible activities:

1. Homelessness Prevention Rental Assistance. This falls under the preservation of multifamily housing, which is under the category of predevelopment, development, acquisition, rehabilitation and preservation of multifamily, residential live-work, rental housing that is affordable to extremely low, very low, low, or moderate-income households, including necessary operating subsidies.

Total funding proposed: $262,865.00 of $669,659.00 total annual funds.

2. Supportive Case Management, assisting persons who are experiencing or at risk of homelessness, including, but not limited to, providing rapid rehousing, rental assistance, supportive/case management services that allow people to obtain and retain housing, operating and capital costs for navigation centers and emergency shelters, and the new construction, rehabilitation, and preservation of permanent and transitional housing.

Total funding proposed: $406,794.00 of $669,659.00 total annual funds. 10Exhibit 1

Resolution No. 2023-60
2 of 3

WHEREAS, the City authorizes the execution of a reimbursement agreement with the Los Angeles County Development Authority in order to receive said PLHA funds.

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

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

SECTION 2. The City Council hereby approves a reimbursement agreement with the Los Angeles County Development Authority for PLHA funds.

SECTION 3. The City Council authorizes the City Manager, to execute the reimbursement agreement with the Los Angeles County Development Authority, subject to City Attorney approval as to form.

SECTION 4. The City Council further authorizes the City Manager to execute any and all documents necessary for participation in the Permanent Local Housing Allocation Program for the period beginning January 2024.

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 14th day of August, 2023.

THE CITY OF BELL GARDENS

________________________________
Francis De Leon Sanchez, Mayor

APPROVED AS TO FORM: ATTEST:

________________________________ ________________________________ Stephanie Vasquez Daisy Gomez
City Attorney City Clerk

11Exhibit 1

Resolution No. 2023-60
3 of 3
I, ____________________, City Clerk of the City of Bell Gardens, hereby CERTIFY that City Council Resolution No. ___________was adopted by the Bell Gardens City Council at a regular meeting of the City Council held on ___________________, and was approved and passed by the following vote:

AYES:

NOES:

ABSTAIN:

ABSENT:
12Exhibit 1

13Exhibit 2

14Exhibit 2

15Exhibit 2

16Exhibit 2

17Exhibit 2

18Exhibit 2

PUBLIC NOTIFICATION

NOTICE OF PUBLIC HEARING

CONSIDERATION OF A RESOLUTION APPROVING AND AUTHORIZING THE CITY’S CONTINUED PARTICIPATION IN THE PERMANENT LOCAL HOUSING

ALLOCATION (PLHA) PROGRAM

NOTICE IS HEREBY GIVEN, the City Council of the City of Bell Gardens will conduct a public hearing to consider the adoption of PLHA funds, allocated by the Los Angeles County Development Authority (LACDA) which provides a stable funding source for local governments to address affordable housing stock shortages by increasing the supply of affordable housing, increasing assistance to affordable owner-occupied workforce housing, assisting persons experiencing or at risk of homelessness, facilitating housing affordability; and promoting projects and programs to meet the local government’s unmet share of regional housing needs allocation.

DATE OF HEARING: Monday, August 14, 2023

TIME OF HEARING: 6:00 P.M., or as soon thereafter as possible.

ENVIRONMENTAL DETERMINATIONS: The proposed program 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 the City’s continued participation in the Permanent Local Housing Allocation (PLHA) program 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 Bell Gardens City Council on Monday, August 14, 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 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.
19Exhibit 3

PUBLIC NOTIFICATION

VIRTUALLY LIVE: Members of the public may participate via Zoom by clicking here 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 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, August 11, 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 [email protected].

Daisy Gomez
City Clerk

Posted: July 13, 2023
Bell Gardens City Hall
Bell Gardens John Anson Ford Park
Bell Gardens Veterans Park - Ross Hall Auditorium
Bell Gardens Department of Public Works

20Exhibit 3

CIT Y OF BE LL GARDENS

O F F I C E O F T HE C I T Y M ANAG E R

AG E ND A RE P O RT
I tem 2.

T O:Honorable Mayor and C ity C ouncil Members
F RO M : Michael B. O’Kelly, City Manager
B Y:D aisy Gomez, C ity C lerk
S UB J E C T:G E NE RAL M O T I O N T O WAI V E F UL L RE AD ING AND AP P RO V E O RD I NANC E S B Y T IT L E O NLY P URS UANT T O C AL IF O RNI A G O V E RNM E NT C O D E S E C T IO N 36934 D AT E:August 14, 2023
RE C O M M E ND AT IO N:

I t is staff's recommendation that the C ity Council approve a general motion to waive full reading and approve Ordinances by title only pursuant to California Government C ode S ection 36934.

B AC K G RO UND/D IS C US S I O N:

I n order to expedite the conduct of business at Council meetings, C alif ornia S tate L aw (California Government C ode Section 36934) allows Ordinances to be read by title if a majority of the C ouncil 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 inf ormation and attend to other matters during the meetings. Otherwise, the entire Ordinance language will have to be read in full.

C O NC L US I O N:

Allowing ordinances to be read by title only, according to California S tate L aw, will expedite the conduct of business at C ouncil Meetings.

F I S C AL I M PAC T:

No fiscal impact.

AP P RO V E D E L E C T RO NI C AL LY B Y:

O F F I C E O F T HE C I T Y M ANAG E R

AG E ND A RE P O RT
I tem 3.

T O:Honorable Mayor and C ity C ouncil Members
F RO M : Michael B. O’Kelly, E xecutive Director
B Y:D aisy Gomez, C ity C lerk
S UB J E C T:AP P RO VAL M I NUT E S O F J ULY 24, 2023 C I T Y / S UC C E S S O R AG E NC Y J O INT

M E E T ING
D AT E:August 14, 2023
RE C O M M E ND AT IO N:

I t is staff's recommendation that the City C ouncil approve the minutes of the J uly 24, 2023 C ity/S uccessor A gency J oint Meeting.

B AC K G RO UND/D IS C US S I O N:

Every City/Successor A gency J oint Meeting the City Clerk documents the actions made by the A gency Members/C ity C ouncil.

C O NC L US I O N:

I f approved, the minutes of the City/S uccessor A gency J oint Meeting will be archived in the City Clerk's Of f ice.

F I S C AL I M PAC T:

No fiscal impact.

AT TAC HM E NT S :

D escription
Exhibit 1 - Minutes of J uly 24, 2023 R egular C ity C ouncil/S uccessor A gency J oint Meeting AP P RO V E D E L E C T RO NI C AL LY B Y:

C IT Y C O UNC IL / S UC C E S S O R AG E NC Y T O T HE C O M M UNIT Y

D E V E L O P M E NT C O M M I S S I O N

J O I NT M E E T ING
M O ND AY, J ULY 24, 2023, 6:00 P M

M I NUT E S
L O C AT IO N: C I T Y C O UNC I L C HAM B E RS, 7100 G ARF IE L D AV E NUE, B E L L G ARD E NS, C A 90201 P UB L IC PART I C IPAT IO N: T he 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 C ity Council / S uccessor Agency. P ublic comments are limited to three (3) minutes per person for each designated public comment period(s). P ublic comments for non- agenda items will be limited to a total of 30 minutes. P ublic comments can be made by any of the following ways:

B Y T E L E P HO NE: P hone Number: (669)900-9128 Webinar I D : 813 3236 4343# Passcode: 2021# To address the C ity C ouncil press *9 to raise your hand then *6 to unmute yourself when instructed.

WRIT T E N C O M M E NT S: Public comments may be emailed to Public [email protected] or mailed to: City Clerk's Of f ice, 7100 Garf ield Ave., B ell Gardens, C A 90201. To ensure distribution to the members of the City Council / A gency Members prior to consideration of the agenda, please submit comments no later than one (1) hour prior to the meeting. T hose comments, as well as any comments received after, will be distributed to the members of the C ity C ouncil / S uccessor A gency and will be part of the official public record of this meeting.

F or more information, you may contact the C ity Clerk's of f ice during regular business hours 7:30 a.m. to 6:00 p.m., Monday through T hursday at (562) 806-7704.

J ennifer
23Exhibit 1

C AL L T O O RD E R
T he Council Members of the City of Bell Gardens City Council/S uccessor A gency held a J oint R egular meeting on J uly 24, 2023, in the Council C hambers, 7100 Garf ield Avenue, Bell Gardens, C A with Mayor Pro Tem F rancis de L eon Sanchez presiding. Mayor Pro Tem F rancis de L eon Sanchez called the joint meeting to order at 6:07 p.m.

INV O C AT I O N
T he invocation was given by Gustavo Romo, C ommunity Development D irector.

P L E D G E O F AL L E G IANC E
T he P ledge of A llegiance was led by Michael O'K elly, C ity Manager.

RO L L C AL L O F C I T Y C O UNC IL M E M B E RS / S UC C E S S O R AG E NC Y T O T HE C O M M UNI T Y

D E V E L O P M E NT C O M M IS S IO N M E M B E RS

Present:

Marco Barcena, Agency Member/C ouncil Member
J orgel Chavez, Agency Member/C ouncil Member
Maria P ulido, Agency Member/C ouncil Member
F rancis D e L eon Sanchez, Vice Chair/Mayor Pro Tem

Absent:

None

P RE S E NTAT IO NS
•C E RT I F IC AT E O F RE C O G NI T I O N T O T O AS T M AS T E RS D Y NAM IC F O RC E M AS T E RS C L UB 587 F O R T HE D E S IG NAT IO N O F T HE P RE S I D E NT 'S

D I S T I NG UI S HE D C L UB
C ouncilmember Marco Barcena read the certificate of recognition.

P UB L IC HE ARING (Item No. 1)
a 1.INT RO D UC E O RD INANC E NO. 936 B Y T IT L E O NLY, AD O P T ING A M I L ITARY E Q UIP M E NT US E P O L I C Y (“P O L IC Y ”) AS RE Q UIRE D B Y AS S E M B LY B IL L 481 (“AB 481”)
T he proposed Ordinance No. 936 adopts a policy f or B ell Gardens P olice Department ("Department") in compliance with A ssembly Bill 481 (Chiu) ("A B 481") to address the funding, acquisition, and use by the Department of items deemed “military equipment” by lawmakers. T he policy meets the law’s requirements by listing the Department’s inventory of military equipment; outlining a process f or the public to submit questions, concerns, and complaints in relation to the use of each type of equipment; providing for the preparation of an annual report subject to C ity C ouncil review and approval; and establishing a webpage for updates and the posting of annual reports.
24Exhibit 1

I t is staff's recommendation that the C ity C ouncil approve the following actions:

1. Waive the f ull reading and introduce Ordinance No. 936 by title only, adopting a Military E quipment Use Policy (“Policy”) in accordance with state law; and

2. Recommend Ordinance No. 936 f or second reading and adoption on August 14, 2023.

Mayor P ro Tem F rancis de L eon Sanchez opened the public hearing at 6:18 p.m.

L ieutenant B arrios provided a presentation.

P UB L I C C O MME NT

Bruce C row spoke regarding the use of the equipment.

Mayor P ro Tem F rancis de L eon Sanchez closed the public hearing at 6:36 p.m.

A motion was made by C ouncilmember Marco B arcena, seconded by C ouncilmember Maria P ulido to approve staf f 's recommendation.

T he motion carried 4-0 with the f ollowing vote:

AYE S : B arcena, C havez, Pulido, D e L eon Sanchez NO E S: None
A B S E NT: None
A B S TA I N: None

F irst reading of Ordinance No. 936 was approved.

P UB L IC C O M M E NT S O N NO N-AG E ND A I T E M S UND E R T HE S UB J E C T M AT T E R

J URIS D I C T IO N O F T HE C I T Y C O UNC I L / S UC C E S S O R AG E NC Y C ity Clerk D aisy Gomez announced that two (2) correspondences were received and distributed to the full Council and is part of the public record.

Bruce C row spoke in opposition to liquor and cannabis retail stores.

Blanca Achtmann spoke regarding drug abuse.

P UB L IC C O M M E NT S O N AG E ND A I T E M S O NLY Oralia F lores spoke in opposition to item # 11.

Esteban F igueroa spoke in opposition to item # 11.

J ennifer R odriguez spoke in opposition to item # 11.

Blanca Achtmann spoke in opposition to item # 11.

Bruce C row spoke in support of an election f or item # 20; and in opposition to item # 11. 25Exhibit 1

R ogelio R odriguez spoke in opposition to item # 11.

Nabor Rios spoke in opposition to item # 11.

Mariana J imenez spoke in opposition to item # 11.

Martha C arrasco spoke in opposition to item # 11.

J esus Meza spoke in opposition to item # 11.

L eslie Romero spoke in opposition to item # 11.

Maria Guadalupe Ramirez spoke in opposition to item # 11.

R osario L una spoke in opposition to item # 11.

Victoria A rroyo spoke in opposition to item # 11.

J ohn Cummings spoke in opposition to item # 11.

F elipe spoke in opposition to item # 11.

C I T Y M ANAG E R'S RE P O RT
C ity Manager Michael O'K elly provided a brief report.

C O NS E NT C AL E ND AR (Item Nos. 2 - 17)
All matters listed under the Consent Calendar are considered to be routine and can be acted on by one roll call vote. T here will be no separate discussion of these items unless members of the City C ouncil / Successor A gency request specif ic items to be removed f rom the Consent Calendar for separate action.

I tems called f or separate discussion will be heard as the next order of business.

A motion was made by C ouncilmember Marco Barcena, seconded by Mayor P ro Tem F rancis de L eon Sanchez to approve Consent Calendar I tem Nos. 2 - 17; Councilmember J orgel C havez voted no for I tem No. 11.

T he motion carried 4-0 with the f ollowing vote f or I tem Nos. 2 - 17, with the exception of I tem No. 11:

AYE S : B arcena, C havez, Pulido, D e L eon Sanchez NO E S: None
A B S E NT: None
A B S TA I N: None

T he motion carried 3-1 with the f ollowing vote f or I tem No. 11:

AYE S : B arcena, Pulido, D e L eon Sanchez
NO E S: Chavez
A B S E NT: None
26Exhibit 1

A B S TA I N: None

Mayor P ro Tem F rancis de L eon Sanchez recessed the meeting at 7:40 p.m. and reconvened at 7:52 p.m.

Recommendation:

I t is staff's recommendation that the C ity C ouncil approve a general motion to waive f ull reading and approve Ordinances by title only pursuant to C alif ornia Government Code Section 36934.

3.AP P RO VAL M I NUT E S O F J UNE 26, 2023 C IT Y / S UC C E S S O R AG E NC Y J O I NT

M E E T I NG
A pprove the minutes of the J une 26, 2023 C ity/Successor Agency J oint Meeting.

Recommendation:

I t is staf f 's recommendation that the C ity Council approve the minutes of the J une 26, 2023 City/S uccessor A gency J oint Meeting.

4.UP D AT E O F C O M M IS S IO NE R AP P O I NT M E NT L IS T D UE T O C O UNC IL M E M B E R

VAC ANC Y
Due to the recent vacancy in the C ity C ouncil, the C ity C ouncil shall/may remove commissioners whose term coincides with the term of office of C ouncil Members whose seat was vacated.

Recommendation:

I t is staff's recommendation that due to the vacancy in the City Council, the C ity C ouncil:

1. Remove the commissioners whose term coincides with the term of office of Mayor A lejandra Cortez.

2. Receive and f ile the report.

5.C L AI M RE J E C T I O N
A claim was filed with the C ity by the following claimants. S taff directed the claims to the C ity's general liability claims administrator C arl Warren & Company f or processing, review, and investigation. F ollowing the investigation, Carl Warren & Company and City staff determined that the C ity is not liable f or the claims.

Recommendation:

I t is staff's recommendation that the City C ouncil reject the f ollowing claims and the claimants and/or their representatives be notified:

Rebecca Murcia v. City of B ell Gardens (D O E 4/10/2023; D O R 4/17/2023) Viviana Garcia Ramos v. C ity of Bell Gardens (D O E 2/15/2023; D O R 5/17/2023) E dward Garibay v. C ity of Bell Gardens (D O E 4/22/2023; D O R 5/23/2023) Martina Castillo D e Quijas & J ose L uis Quijas v. C ity of Bell G ardens (D O E 1/11/2023; D O R 27Exhibit 1

7/10/2023)

T he C ity's general liability claims administrator, Carl Warren & C ompany, recommends that the claims be rejected. T he claimants, subject to certain exceptions, shall have up to six (6) months to f ile a court action subsequent to the C ity C ouncil's rejection.

6.WARRANT RE G I S T E R S UC C E S S O R AG E NC Y
I n approving the action of receiving and f iling the warrant registers, the official minutes of the S uccessor A gency should state that each individual member of the S uccessor 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 benef its the same named Successor Agency Member. E ach S uccessor A gency Member will not be participating, influencing or voting on any such warrant bearing their name or which benefits the same named Successor A gency Member, but with that exception is voting in favor of receiving and f iling 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:

I t is staf f 's recommendation that the S uccessor A gency Members receive and f ile the warrant register dated 07/04/23.

7.WARRANT RE G I S T E RS AND WI RE T RANS F E RS
I n approving the action of receiving and f iling the warrant registers, the official minutes of the Bell Gardens City C ouncil should state that each individual member of the City C ouncil is not voting on, inf luencing 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, inf luencing or voting on any such warrant bearing their name or which benef its 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:

I t is staff's recommendation that the C ity C ouncil receive and f ile the warrant registers, wire transfers, and net payrolls dated 06/13/23, 06/14/23, 06/15/23/23, 06/20/23, 06/27/23, 06/29/23 and 07/04/23.

8.J UNE 2023 T RE AS URE R'S RE P O RT
T he Treasurer's Report is a list of cash, investment portfolio and restricted bond cash held by the City.

Recommendation:

I t is recommended that the C ity C ouncil receive, approve, and f ile the J une 2023 Treasurer's Report.

9.S E C O ND RE AD I NG O F O RD I NANC E NO. 933 F O R ZO NI NG C O D E AM E ND M E NT NO. 2023-024 - RE S ID E NT I AL V E HIC L E PARK ING B AC K-UP C L E ARANC E Ordinance No. 933 Z oning proposes to amend B G MC Title 9 (Z oning and P lanning R egulations) to remove Section 9.46.030 (S pecialized Rear Yard R equirements) of C hapter 9.46 (Yard 28Exhibit 1

P rovisions) and amend Section 9.38.070 (Motor Vehicle Maneuvering and P arking S pace L ayout) of Chapter 9.38 (P arking and L oading (of f -street)).

Recommendation:

I t is staff’s recommendation that the C ity C ouncil waive f ull reading and adopt Ordinance No. 933 to simplify the Z oning Code location of standards and permit alternative vehicle maneuvering at rear yards for required parking f or residential uses.

Ordinance No. 933 was adopted.

10.AP P RO VAL O F P URC HAS E O RD E R F O R PAY M E NT T O INT E RG RAP HIC S C O M PANY F O R T HE 2023 S UM M E R B RO C HURE
A pproval of purchase order f or 2023 Summer Brochure I nvoice.

Recommendation:

I t is staf f 's recommendation that the City Council approve a purchase order f or payment to I nterGraphics C ompany f or the printing of the 2023 Summer Brochure.

11.C O NS ID E RAT I O N O F A RE S O L UT IO N AUT HO RIZING T HE S TAT E O F C AL IF O RNI A

L O C AL J URIS D I C T IO N C ANNAB I S RE TAIL AC C E S S G RANT P RO G RAM F UND I NG T he L ocal J urisdiction Retail A ccess Grant (L J R A G), a first of its kind program in the United S tates, is awarding $4 million to cities and counties throughout California to regulate commercial cannabis activity.

Recommendation:

I t is staf f 's recommendation that the C ity C ouncil adopt the attached resolution authorizing the State of California L ocal J urisdiction Retail Access Grant ("L J R A G") f or cannabis program f unding.

R esolution No. 2023-053 was adopted.

12.C O NS ID E RAT I O N O F A RE S O L UT I O N AP P RO V I NG T HE L O S ANG E L E S C O UNT Y

RE G I O NAL PARK AND O P E N S PAC E D I S T RI C T (RP O S D ) M E AS URE A G RANT

AG RE E M E NT F O R T HE M ARL O W PARK RE NO VAT I O N P RO J E C T T he L os A ngeles County R egional P arks and Open Space D istrict has provided a Measure A Grant A greement to the City of B ell Gardens in response to a grant application for Measure A grant f unds for the Marlow P ark Renovation P roject. A doption of the proposed Resolution would authorize the City Manager to execute the Measure A Grant A greement.

Recommendation:

I t is staf f ’s recommendation that the City C ouncil adopt the attached R esolution authorizing the C ity Manager to execute the L os A ngeles C ounty R egional Park and Open Space District Measure A Grant Agreement for the Marlow Park R enovation P roject.

R esolution No. 2023-054 was adopted.

13.C O NS ID E RAT I O N O F A RE S O L UT I O N AD O P T ING A L I S T O F P RO J E C T S F O R F I S C AL Y E AR 2023-24 F UND E D B Y S B 1: T HE RO AD RE PAI R AND AC C O UNTAB IL I T Y AC T O F 2017
S enate B ill 1 (S B1): the R oad R epair and A ccountability Act of 2017, was signed into law to address transportation f unding shortfalls statewide. S B1 established a Road Maintenance and Rehabilitation A ccount (R MR A) in the S tate Transportation F und. A portion of the R MR A funds are distributed to cities for basic road maintenance, rehabilitation, and critical saf ety projects on local 29Exhibit 1

streets and road systems. T he City C ouncil must adopt a resolution identifying proposed projects to receive its estimated annual allocation of R MR A funds for F iscal Year 2023-24.

Recommendation:

I t is staff's recommendation that the C ity C ouncil by motion:

1. A dopt the attached Resolution approving the list of projects for Fiscal Year 2023-24 funded by S B 1: the R oad Repair and Accountability A ct of 2017 and rescinding R esolution No. 2023-35; and

2. A uthorize P ublic Works staf f to upload the Resolution with the list of proposed projects to the California Transportation C ommission website.

R esolution No. 2023-055 was adopted.

14.C O NS ID E RAT I O N O F A RE S O L UT I O N AP P RO V I NG AND AUT HO RI ZI NG A F I RS T

AM E ND M E NT T O T HE P RO F E S S I O NAL S E RV I C E S AG RE E M E NT WIT H AVANT - G ARD E, INC . F O R G RANT M ANAG E M E NT S E RV IC E S S ince J anuary 8, 2018, Avant-Garde, I nc. has provided "on-call" prof essional services that include various grant writing, grant administration, community outreach, and labor compliance services for various types of projects that may be f unded by local, state or federal funds. T he Master A greement with Avant-Garde, I nc. needs to be extended through A ugust 31, 2023 to allow the P ublic Works Department to conduct a Request for P roposals process for a successor agreement.

Recommendation:

I t is staff's recommendation that the City C ouncil adopt the attached R esolution approving and authorizing a F irst Amendment to the professional services agreement by and between the City of B ell Gardens and Avant-Garde, I nc.

R esolution No. 2023-056 was adopted.

15.AP P RO VAL O F F IRS T AM E ND M E NT T O AG RE E M E NT B E T WE E N B RIG HT V IE W G O L F

M AI NT E NANC E AND T HE C IT Y O F B E L L G ARD E NS A mend the agreement with B rightView Golf Maintenance to extend the contract until S eptember 30, 2023, f or an additional $39,000.

Recommendation:

I t is staff's recommendation that the C ity C ouncil by motion:

1. A dopt the attached resolution and;

2. A pprove a f irst amendment to the agreement between B rightView G olf Maintenance and the City of B ell Gardens Extending the agreement until S eptember 30, 2023.

R esolution No. 2023-057 was adopted.

16.AP P RO VAL O F 2021 AM E RIC AN RE S C UE P L AN AC T AG RE E M E NT WIT H L O S

ANG E L E S C O UNT Y
A doption of resolution and approval of an agreement with L os A ngeles C ounty for the American Rescue P lan Awareness C ampaign.

Recommendation:

I t is staff's recommendation that the C ity C ouncil by motion:

1. A dopt the attached resolution; and

2. A pprove an agreement with L os A ngeles County for the American R escue P lan Awareness 30Exhibit 1

Campaign.

R esolution No. 2023-058 was adopted.

17.AP P RO VAL O F RE S O L UT IO N AND F UND I NG AG RE E M E NT WI T H L O S ANG E L E S

C O UNT Y F O R T HE J O HN ANS O N F O RD PARK AQ UAT IC S C E NT E R RE NO VAT I O N

P RO J E C T
A pproval of funding agreement with the L os A ngeles C ounty f or J ohn A nson Ford P ark A quatics Center R enovation project.

Recommendation:

I t is staff's recommendation that the C ity C ouncil by motion:

1. A dopt the attached R esolution; and

2. A pprove a F unding A greement with L os Angeles C ounty f or J ohn A nson F ord Park A quatic Center F unding.

R esolution No. 2023-59 was adopted.

D I S C US S IO N (Item Nos. 18 - 21)

18.D E S IG NAT IO N O F V O T I NG D E L E G AT E AND UP T O T WO (2) ALT E RNAT E (S ) - L E AG UE O F C AL IF O RNI A C IT IE S ANNUAL C O NF E RE NC E AND E X P O - S E P T E M B E R 20 - 22, 2023
T he L eague of California C ities A nnual Conf erence is scheduled for September 20 - 22, 2023.

T he Annual Business Meeting is scheduled on F riday, September 22, 2023. Consistent with C al Cities bylaws, a city's voting delegate and up to two (2) alternates must be designated by the C ity Council.

Recommendation:

I t is staf f 's recommendation that the C ity Council designate a voting delegate and up to two (2) alternates to attend the L eague of C alif ornia Cities A nnual B usiness Meeting, scheduled for September 22, 2023 where Cal C ities membership will consider and take action on resolutions that establish C al C ities policy.

Mayor Pro Tem F rancis de L eon nominated herself as a delegate, seconded by C ouncilmember J orgel C havez.

Mayor P ro Tem F rancis de L eon nominated Councilmember J orgel C havez as an alternate, seconded by C ouncilmember Marco Barcena.

C ouncilmember J orgel Chavez nominated C ouncilmember Marco B arcena as an alternate, seconded by C ouncilmember Maria P ulido.

Motion Passed 4-0 with the following vote:

AYE S : B arcena, C havez, Pulido, D e L eon Sanchez NO E S: None
A B S E NT: None
A B S TA I N: None

19.RE O RG ANI ZAT I O N AND S E L E C T IO N O F M AY O R/C HAIRP E RS O N AND M AY O R P RO 31Exhibit 1

T E M /V IC E C HAI RP E RS O N
W ith direction from the City Council, the C ity C lerk may call f or nominations and voting for Mayor/C hair and Mayor P ro Tem/Vice Chair of the City of Bell Gardens City C ouncil and S uccessor A gency to the C ommunity Development Commission to serve the remainder of the term.

Recommendation:

I t is staff recommendation that the C ity Council by motion order a reorganization and select a Mayor/C hairperson and Mayor Pro Tem/Vice C hairperson to serve the remainder of the term.

Councilmember Marco B arcena nominated Mayor P ro Tem F rancis De L eon Sanchez for Mayor, seconded by C ouncilmember J orgel Chavez. T here were no other motions made.

Motion P assed 4-0 with the f ollowing vote:

AYE S: Barcena; Chavez; De L eon S anchez; P ulido NO E S : None
A B S E NT: None
Councilmember Marco B arcena nominated J orgel C havez for Mayor Pro Tem, seconded by Mayor F rancis De L eon S anchez. T here were no other motions made.

Motion P assed 4-0 with the f ollowing vote:

AYE S: Barcena; Chavez; De L eon S anchez; P ulido NO E S : None
A B S E NT: None
A B S TA I N: None

20.O P T I O NS AND P RO C E D URE S F O R F I L L I NG A VAC ANC Y O N T HE C IT Y C O UNC IL A vacancy has occurred in the C ity C ouncil. W hen this takes place there are options to consider in addressing the vacancy.

Recommendation:

I t is staf f 's recommendation that the City Council approve one of the options to fill the City Council vacancy for the remainder of Mayor A lejandra C ortez's term.

D aisy Gomez, C ity C lerk, provided a presentation.

A motion was made by C ouncilmember Marco B arcena, seconded by Mayor F rancis de L eon S anchez to approve the option to appoint a person to f ill the vacancy of the unexpired term of of f ice and approve the proposed schedule.

Motion Passed 4-0 with the following vote:

AYE S : B arcena, C havez, Pulido, D e L eon Sanchez NO E S: None
A B S E NT: None
A B S TA I N: None
32Exhibit 1

21.AQ UAT I C S C E NT E R P RO J E C T UP D AT E-J ULY 2023 T his item provides updated information on the B ell Gardens A quatics C enter f unding progress.

Recommendation:

I t is staf f 's recommendation that the C ity Council receive and file the J ohn A nson F ord Park A quatics C enter update.

Elizabeth Nava, D irector of Recreation and Community Services D epartment, provided a presentation.

A motion was made by Councilmember Marco Barcena, seconded by Mayor Pro Tem J orgel C havez to receive and f ile this item.

Motion Passed 4-0 with the following vote:

AYE S : B arcena, C havez, Pulido, D e L eon Sanchez NO E S: None
A B S E NT: None
A B S TA I N: None

C I T Y C O UNC I L / S UC C E S S O R AG E NC Y M E M B E R C O M M E NT S Members of the Council and Successor Agency made community announcements and comments.

AD J O URNM E NT
Mayor F rancis de L eon S anchez adjourned the meeting at 8:27 p.m.

D aisy Gomez, C ity C lerk
Agenda posted on J uly 20, 2023.
33Exhibit 1

CIT Y OF BE LL GARDENS

O F F I C E O F T HE C I T Y M ANAG E R

AG E ND A RE P O RT
I tem 4.

T O:Honorable Mayor and C ity C ouncil Members
F RO M : Michael B. O'Kelly, City Manager
B Y:Manuel C arrillo, D irector of F inance & A dministrative S ervices S UB J E C T:WARRANT RE G IS T E RS AND WIRE T RANS F E RS D AT E:August 14, 2023
RE C O M M E ND AT IO N:

I t is staf f 's recommendation that the City Council receive and f ile the warrant registers, wire transf ers, and net payrolls dated 07/10/23, 07/11/23, 07/13/23, 07/18/23, 07/24/23 and 07/25/23.

B AC K G RO UND/D IS C US S I O N:

T he attached warrant registers, wire transf ers, and net payrolls are f or 07/10/23, 07/11/23, 07/13/23, 07/18/23, 07/24/23 and 07/25/23. T he warrant registers, wire transf ers, and net payrolls reflect the f inancial obligations of the C ity for the above ref erenced dates.

C O NC L US I O N:

I f the recommendation to the C ity Council is approved, then the warrant registers, wire transfers, and net payrolls dated 07/10/23, 07/11/23, 07/13/23, 07/18/23, 07/24/23 and 07/25/23 will be received and f iled.

F I S C AL I M PAC T:

Warrant register 07/11/23 186558 - 186659 $742,891.63
T ota l Voucher $742,891.63

Wire transfer 07/10/23 1826 - 1827 $3,060,197.00
Warrant register 07/11/23 186660- 186686 $46,569.38
T otal Vouche r $3,106,766.38

Warrant register 07/18/23 186687 - 186728 $261,562.90
T ota l Voucher $261,562.90

Wire transfer 07/13/23 1828 - 1831 $293,383.07
Warrant register 07/18/23 186729 - 186757 $75,861.75
T ot a l Bank $369,244.82
N et payro ll transfer 07/13/23 - $542,938.53
T otal Vouche r $912,183.35

Warrant register 07/25/23 186758 - 186818 $639,403.80
T otal Ba nk $639,403.80

Wire transfer 07/24/23 1832 $4,672.80
Warrant register 07/25/23 186819 - 186864 $211,921.19
34 T otal Vouche r $216,593.99

Grand T ot a l Vouche rs $5,879,402.05

AT TAC HM E NT S :

D escription
Exhibit 1- Warrant Register
AP P RO V E D E L E C T RO NI C AL LY B Y:

37Exhibit 1

38Exhibit 1

39Exhibit 1

40Exhibit 1

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45Exhibit 1

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47Exhibit 1

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49Exhibit 1

50Exhibit 1

51Exhibit 1

52Exhibit 1

53Exhibit 1

54Exhibit 1

55Exhibit 1

56Exhibit 1

57Exhibit 1

58Exhibit 1

59Exhibit 1

60Exhibit 1

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65Exhibit 1

66Exhibit 1

67Exhibit 1

68Exhibit 1

69Exhibit 1

CIT Y OF BE LL GARDENS

O F F I C E O F T HE C I T Y M ANAG E R

AG E ND A RE P O RT
I tem 5.

T O:Honorable Mayor and C ity C ouncil Members
F RO M : Michael B. O'Kelly, City Manager
B Y:Scott F airf ield, Chief of Police
Paul Camacho, Captain
S UB J E C T:S E C O ND RE AD ING O F O RD INANC E NO. 936 T O AD O P T A M IL I TARY E Q UIP M E NT P O L I C Y (“P O L I C Y”) AS RE Q UI RE D B Y AS S E M B LY B IL L 481 (“AB 481”) D AT E:August 14, 2023
RE C O M M E ND AT IO N:

I t is staf f 's recommendation that the C ity Council by motion waive the f ull reading and adopt Ordinance No. 936 approving the Military E quipment Policy (“Policy”) in accordance with state law.

B AC K G RO UND/D IS C US S I O N:

On A pril 25, 2022, the C ity C ouncil adopted Ordinance No. 923 approving a Military Equipment Use P olicy (“P olicy”) pursuant to Assembly Bill 481 (“A B 481”). A B 481 seeks to provide transparency, oversight, and an opportunity for meaningf ul public input on decisions regarding whether and how military equipment is f unded, acquired, and used by law enforcement agencies. A B 481, codif ied in California Government C ode sections 7070 through 7075, requires a law enforcement agency to obtain authorization from its governing body by adoption of a military equipment use policy by ordinance, approving the use of military equipment.

On an annual basis after adoption of the Policy, A B 481 requires police agencies to publish a military equipment report on its website outlining the use of the equipment, any complaints or concerns regarding the use of the equipment, results of any internal audits on the use of the equipment, the annual costs for the equipment, the quantity possessed by the agency, and the intention to purchase additional equipment in the following year. I n addition, within 30 days of submitting and publicly releasing the Report, a well-publicized community engagement meeting must be held to allow for public comments. A B 481 further requires the agency’s governing body to, at least annually, review the Ordinance approving the P olicy and vote on whether to renew the Ordinance.

T he term “military equipment,” as used in A B 481, in fact, does not necessarily indicate that the equipment has been used by or acquired through the military. Pursuant to A B 481, items deemed to be “military equipment” include, but are not limited to, unmanned aerial or ground vehicles, command and control vehicles, pepper balls, less than lethal shotguns, less than lethal 40mm projectile launchers, and diversionary devices.

Bell Gardens P olice Department’s Policy (Policy 706) was originally approved by the Bell Gardens City C ouncil in 2022. P olicy 706 outlines each item identified in Government Code section 7070, that is currently owned and utilized by the P olice D epartment.

D IS C US S I O N:

70 I n compliance with the annual requirements set f orth in A B 481, the D epartment completed its 2022 Military Equipment A nnual Report. T he Policy and Report were posted on the Department’s website on T hursday, May 25, 2023, and made available f or public review. I n addition, the Bell Gardens P olice Department held two (2) town hall meetings, at these public meetings, the Police D epartment provided a presentation summarizing the annual Report and P olicy update and provided an opportunity for public comment and questions. Notice of these public presentations were posted on the C ity’s website and publicized by the D epartment and C ity via agency social media accounts. T he E nglish meeting took place on Wednesday, J une 14, 2023, and the Spanish meeting took place on Wednesday, J uly 5, 2023.

As provided in the 2022 Military Equipment Annual Report:

Complaints or Concerns: T here were no complaints or concerns reported on the use of the equipment in this Policy.

Internal Audit: T he D epartment conducted an internal audit and determined that there were no violation(s) of the P olicy.

Intention to Purchase Additional Equipment: T he D epartment does not intend to purchase any equipment in F Y 2023-2024.

I f the City C ouncil does not approve of the continuing use of military equipment within 180 days of submission of the Policy, the Department shall cease its use of the military equipment until it receives the approval of the City C ouncil in accordance with A B 481.

T he D epartment is committed to transparency, public trust, and compliance with legal requirements in all of its operations. W ithout City Council approval of a Military E quipment Use Policy, the D epartment’s ability to respond to a critical incident and provide mutual aid when called upon would be compromised and potentially detrimental to public saf ety and the C ity’s risk exposure.

T he P olicy and R eport have been reviewed and approved as to f orm by the City Attorney’s Office.

E NV I RO NM E NTAL C O NS I D E RAT IO NS:

T his item is exempt from C alif ornia E nvironmental Quality Act (C E Q A ) as it does not constitute a "project" within the meaning of P ublic R esources C ode Section 21065, C E Q A Guidelines S ection 15060(c)(2), and/or 15378 including subsection (b)(4). I f this were determined to be a “project” for C E Q A analysis, this activity falls within the "Common S ense" C E Q A exemption set f orth in C E Q A Guidelines S ection 15061(b)(3). No unusual circumstances exist and none of the exceptions under C E Q A G uidelines Section 15300.2 apply. T his determination reflects the City’s independent judgment and analysis.

On J uly 24, 2023, the C ity C ouncil conducted a public hearing and introduced Ordinance No. 936.

C O NC L US I O N:

Staf f believes the proposed Ordinance and P olicy of the B ell Gardens Police Department is compliant with the S tate regulations as described under A B 481. The intent of A B 481 is to increase transparency, accountability, and oversight surrounding the use of military equipment. Moreover, the military equipment currently in use by the B ell Gardens Police Department provides police of f icers equipment essential to day–to–day patrol operations, respond to critical incidents, and protects and promotes the welfare and saf ety of the community we serve. Accordingly, staff recommends City Council approval of the proposed Ordinance and Policy of the Bell Gardens P olice D epartment. 71 F I S C AL I M PAC T:

A doption of this Ordinance has no f iscal impact on the C ity.

AT TAC HM E NT S :

D escription
Exhibit 1 - Ordinance No. 936
Exhibit 2 - Text of C alif ornia Assembly Bill 481
AP P RO V E D E L E C T RO NI C AL LY B Y:

AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF BELL

GARDENS, CALIFORNIA, ADOPTING A MILITARY EQUIPMENT

POLICY GOVERNING THE USE OF MILITARY EQUIPMENT PURSUANT TO ASSEMBLY BILL 481
WHEREAS, on September 30, 2021, Governor Gavin Newsom signed into law Assembly Bill 481 (creating Government Code Section 7070, et seq.), relating to the use of military equipment by California law enforcement agencies; and WHEREAS, AB 481 became effective January 1, 2022, and is codified at Sections 7070 through 7075 of Chapter 12.8 to Division 7 of Title 1 of the California Government Code; and
WHEREAS, AB 481 seeks to provide transparency, oversight, and an opportunity for meaningful public input on decisions regarding whether and how military equipment is funded, acquired, or used; and
WHEREAS, the term “military equipment” is defined in California Government Code Section 7070; and
WHEREAS, AB 481 requires, among other things, that a law enforcement agency obtain approval of the governing body, by an ordinance adopting a military equipment use policy that includes a description of the equipment, quantity, capabilities, expected lifespan, purposes and authorized uses, fiscal impact, legal and procedural rules governing authorized uses, required training, and mechanisms to ensure compliance with the agency’s use policy, prior to taking certain actions relating to the funding, acquisition or use of military equipment, including military equipment acquired prior to January 1, 2022; and
WHEREAS, the Bell Gardens Police Department is in possession of certain items of equipment that qualify as “military equipment” under AB 481; and WHEREAS, the Bell Gardens Police Department has prepared a proposed Military Equipment Policy, attached hereto as Exhibit “A” and incorporated herein; and WHEREAS, pursuant to Government Code Section 7071(a)(2), if seeking to continue the use of any military equipment that was acquired prior to January 1, 2022, the Bell Gardens Police Department was obligated to, and has met the requirement, of commencing a City Council approval process for the Military Equipment Policy no later than May 1, 2022; and
WHEREAS, the Bell Gardens Police Department made the proposed Military Equipment Policy available on the Police Department’s website for at least 30 days prior to the public meeting concerning the proposed Military Equipment Policy at issue; and WHEREAS, as required by AB 481, the City Council determines as follows:
73Exhibit 1

2 (a) the military equipment inventoried and presented to the City Council is necessary because there is no reasonable alternative that can achieve the same objective of officer and civilian safety; and

(b) the proposed Military Equipment Policy will safeguard the public’s health, welfare, safety, civil rights, and civil liberties; and

(c) the equipment is reasonably cost effective compared to available alternatives that can achieve the same objective of officer and civilian safety; and

(d) prior military equipment use complied with the applicable equipment use policy (which included equipment now defined as military equipment) that was in effect at the time, or if prior uses did not comply with the accompanying Military Equipment Policy, corrective action has been taken to remedy nonconforming uses and ensure future compliance; and

WHEREAS, as further required by Government Code Section 7071(a)(2), if the City Council does not approve the continuing use of military equipment, including by adoption pursuant to a Military Equipment Policy, within 180 days of submission of the proposed Military Equipment Policy to City Council, the Bell Gardens Police Department shall cease its use of the military equipment until it receives the approval of City Council in accordance with this Ordinance; and

WHEREAS, the Military Equipment Policy and supporting information must be approved by the governing body by ordinance, and reviewed annually; and

WHEREAS, the City Council of the City of Bell Gardens, having received the information required under AB 481 regarding the Bell Gardens Police Department’s use of military equipment as defined in said law, deems it to be in the best interest of the City to approve the Military Equipment Policy as set forth herein.

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

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

SECTION 2. Approval of Military Equipment Policy. The City Council, having received the information required under AB 481 regarding the Bell Gardens Police Department’s use of military equipment as defined in said law, deems it to be in the best interest of the City to and hereby approves the Military Equipment Policy attached hereto as Exhibit “A.” The Military Equipment Policy shall govern the approval, acquisition, use and reporting of military equipment by the Bell Gardens Police Department.

SECTION 3. CEQA. This Ordinance is not a project within the meaning of Section 15378 of the California Environmental Quality Act (CEQA) Guidelines because it has no potential to result in physical change in the environment, directly or indirectly. This Ordinance is also exempt under CEQA Guideline 15061(b)(3) because it can be seen with certainty that there is no possibility that the Ordinance may have a significant effect 74Exhibit 1

3 on the environment.

SECTION 4. Uncodified Ordinance. This Ordinance shall not be codified in the Bell Gardens Municipal Code unless and until the City Council so ordains.

SECTION 5. Severability. If any section, subsection, subdivision, 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 thereof be declared invalid or unconstitutional.

SECTION 6. Effective Date. This Ordinance shall take effect thirty (30) days after its final passage.

SECTION 7. Certification. The City Clerk shall certify to the passage and adoption of this Ordinance, causing it to be posted as required by law, and it shall be effective thirty (30) days after its adoption.

PASSED, APPROVED and ADOPTED this 14th day of August, 2023.

THE CITY OF BELL GARDENS

________________________________
Francis de Leon Sanchez, Mayor

APPROVED AS TO FORM: ATTEST:

________________________________ ________________________________ Stephanie Vasquez Daisy Gomez
City Attorney City Clerk

75Exhibit 1

4 EXHIBIT A

MILITARY EQUIPMENT POLICY
76Exhibit 1

Policy
706
Bell Gardens Police Department
Bell Gardens PD Policy Manual
Copyright Lexipol, LLC 2023/05/25, All Rights Reserved.

Published with permission by Bell Gardens Police Department Military Equipment - 1
Military Equipment
706.1 PURPOSE AND SCOPE
The purpose of this policy is to provide guidelines for the approval, acquisition, and reporting requirements of military equipment (Government Code § 7070; Government Code § 7071; Government Code § 7072).
706.1.1 DEFINITIONS
Definitions related to this policy include (Government Code § 7070):

Governing body – The elected or appointed body that oversees the Department.

Military equipment – Includes but is not limited to the following:
•Unmanned, remotely piloted, powered aerial or ground vehicles. •Mine-resistant ambush-protected (MRAP) vehicles or armored personnel carriers. •High mobility multipurpose wheeled vehicles (HMMWV), two-and-one-half-ton trucks, five-ton trucks, or wheeled vehicles that have a breaching or entry apparatus attached. •Tracked armored vehicles that provide ballistic protection to their occupants. •Command and control vehicles that are either built or modified to facilitate the operational control and direction of public safety units. •Weaponized aircraft, vessels, or vehicles of any kind. •Battering rams, slugs, and breaching apparatuses that are explosive in nature. This does not include a handheld, one-person ram.
•Firearms and ammunition of_.50 caliber or greater, excluding standard-issue shotguns and standard-issue shotgun ammunition.
•Specialized firearms and ammunition of less than_.50 caliber, including firearms and accessories identified as assault weapons in Penal Code § 30510 and Penal Code § 30515, with the exception of standard-issue firearms.
•Any firearm or firearm accessory that is designed to launch explosive projectiles. •Noise-flash diversionary devices and explosive breaching tools. •Munitions containing tear gas or OC, excluding standard, service-issued handheld pepper spray.
•TASER® Shockwave, microwave weapons, water cannons, and long-range acoustic devices (LRADs).
•Kinetic energy weapons and munitions.
•Any other equipment as determined by a governing body or a state agency to require additional oversight.
77Exhibit 1

Bell Gardens Police Department
Bell Gardens PD Policy Manual
Military Equipment
Copyright Lexipol, LLC 2023/05/25, All Rights Reserved.

Published with permission by Bell Gardens Police Department Military Equipment - 2
706.2 POLICY
It is the policy of the Bell Gardens Police Department that members of this department comply with the provisions of Government Code § 7071 with respect to military equipment. 706.3 MILITARY EQUIPMENT COORDINATOR
The Chief of Police should designate a member of this department to act as the military equipment coordinator. The responsibilities of the military equipment coordinator include but are not limited to:
(a)Acting as liaison to the governing body for matters related to the requirements of this policy.
(b)Identifying department equipment that qualifies as military equipment in the current possession of the Department, or the equipment the Department intends to acquire that requires approval by the governing body.
(c)Conducting an inventory of all military equipment at least annually. (d)Collaborating with any allied agency that may use military equipment within the jurisdiction of Bell Gardens Police Department (Government Code § 7071). (e)Preparing for, scheduling, and coordinating the annual community engagement meeting to include:

1.Publicizing the details of the meeting.

2.Preparing for public questions regarding the department’s funding, acquisition, and use of equipment.
(f)Preparing the annual military equipment report for submission to the Chief of Police and ensuring that the report is made available on the department website (Government Code § 7072).
(g)Establishing the procedure for a person to register a complaint or concern, or how that person may submit a question about the use of a type of military equipment, and how the Department will respond in a timely manner.
706.4 MILITARY EQUIPMENT INVENTORY
See attachment: Bell Gardens Police AB 481 Military Equipment List 5-25-23.pdf that constitutes a list of qualifying equipment for the Department.
706.5 APPROVAL
The Chief of Police or the authorized designee shall obtain approval from the governing body by way of an ordinance adopting the military equipment policy. As part of the approval process, the Chief of Police or the authorized designee shall ensure the proposed military equipment policy is submitted to the governing body and is available on the department website at least 30 days prior to any public hearing concerning the military equipment at issue (Government Code § 7071). The military equipment policy must be approved by the governing body prior to engaging in any of the following (Government Code § 7071):
(a)Requesting military equipment made available pursuant to 10 USC § 2576a. 78Exhibit 1

Bell Gardens Police Department
Bell Gardens PD Policy Manual
Military Equipment
Copyright Lexipol, LLC 2023/05/25, All Rights Reserved.

Published with permission by Bell Gardens Police Department Military Equipment - 3
(b)Seeking funds for military equipment, including but not limited to applying for a grant, soliciting or accepting private, local, state, or federal funds, in-kind donations, or other donations or transfers.
(c)Acquiring military equipment either permanently or temporarily, including by borrowing or leasing.
(d)Collaborating with another law enforcement agency in the deployment or other use of military equipment within the jurisdiction of this department. (e)Using any new or existing military equipment for a purpose, in a manner, or by a person not previously approved by the governing body.
(f)Soliciting or responding to a proposal for, or entering into an agreement with, any other person or entity to seek funds for, apply to receive, acquire, use, or collaborate in the use of military equipment.
(g)Acquiring military equipment through any means not provided above. 706.6 COORDINATION WITH OTHER JURISDICTIONS
The Bell Gardens Police Department participates in a statewide law enforcement mutual aid system as a component of the Standardized Emergency Management System (SEMS).The Los Angeles County Sheriff's Department plays a crucial role within the county of Los Angeles, along with our neighboring jurisdictions in providing mutual aid during times of crisis or need.In planned or exigent circumstances, and with the approval of the Chief of Police or their designee, military equipment may be deployed by these law enforcement partners to promote the safety and security of Bell Gardens community members.

The Chief of Police or their designee will provide information during the annual report on the use of military equipment within the city limits of Bell Gardens by other law enforcement partners during Bell Gardens Police Department operational incidents.
706.7 ANNUAL REPORT
Upon approval of a military equipment policy, the Chief of Police or the authorized designee should submit a military equipment report to the governing body for each type of military equipment approved within one year of approval, and annually thereafter for as long as the military equipment is available for use (Government Code § 7072).

The Chief of Police or the authorized designee should also make each annual military equipment report publicly available on the department website for as long as the military equipment is available for use. The report shall include all information required by Government Code § 7072 for the preceding calendar year for each type of military equipment in department inventory. 706.8 COMMUNITY ENGAGEMENT
Within 30 days of submitting and publicly releasing the annual report, the Department shall hold at least one well-publicized and conveniently located community engagement meeting, at which 79Exhibit 1

Bell Gardens Police Department
Bell Gardens PD Policy Manual
Military Equipment
Copyright Lexipol, LLC 2023/05/25, All Rights Reserved.

Published with permission by Bell Gardens Police Department Military Equipment - 4
the Department should discuss the report and respond to public questions regarding the funding, acquisition, or use of military equipment.
80Exhibit 1

Bell Gardens PD Policy Manual
Copyright Lexipol, LLC 2023/05/25, All Rights Reserved.

Published with permission by Bell Gardens Police Department Attachments - 5
Attachments
81Exhibit 1

Attachment
Bell Gardens PD Policy Manual
Copyright Lexipol, LLC 2023/05/25, All Rights Reserved.

Published with permission by Bell Gardens Police Department Bell Gardens Police AB 481 Military
Equipment List 5-25-23.pdf - 6
Bell Gardens Police AB 481
Military Equipment List 5-25-23.pdf
Bell Gardens Police AB 481 Military Equipment List 5-25-23.pdf 82Exhibit 1

BELL GARDENS POLICE DEPARTMENT MILITARY EQUIPMENT
_____________________________________________________________________________________ 1 Rev May 25 2023

1. Unmanned Aerial, Remotely Piloted, Aerial Vehicle (Category 1)

a) Quantity, Description, Capabilities, and Purchase Cost:

Two (2) “Mavic 2 Pro Zoom Flight Drones manufactured by DJI Technology. These drones are equipped with Hasselblad cameras, with 3-axis gimbal, HDR 4K video, adjustable aperture, 20MP 1” CMOS sensors. Additionally, the drones are equipped with a Hasselblad L1D-20c camera with a 20MP 1” CMOS Sensor, the Mavic 2 camera drone allows the department to capture aerial shots in color and detail, up to 31 minutes flight time, 44 mph max speed, 907G takeoff weight, 3-axis gimbal for steady shots, 8GB internal storage, SD card support up to 128 GB, Functions include Active Track

2.0, Omnidirectional Obstacle Sensing, Hyper lapse, Low-Noise Design, Adjustable Aperture, HDR Photos, the standard remote controller offers up to 135 minutes of battery life on a full charge.

Initial Cost - $6,691.

One (1) “Autel Evo 2 Pro Drone is manufactured by Autel Robotics. The Autel EVO II Pro is a folding drone with a stable 6K camera and a remote with a built-in display.

In its standard flight mode, the EVO II tops out at 22mph and offers all-around obstacle detection. It's very useful for working lower to the ground, where trees or other obstructions may be an issue. This drone is equipped with GPS for stabilization. It has a maximum speed of 44 MPH and a flight time of 40 minutes.

Initial Cost - $ Donated.

Two (2) Loki MK2 Drone manufactured by Sky-Hero. This drone is equipped with a forward-facing, .0008 lux day/night camera with 150° wide angle field of view. On board HD microphone, integrated flight stability/hover system using only onboard sensors front and bottom selectable and dimmable IR LED’s. The Loki MK2 has a maximum speed of 20kt and a flight endurance of 15 minutes. It is purposely built for close quarter indoor scouting missions.

Initial Cost - $13,834.20.
b) Purpose:

These drones are to be used in response to incidents to enhance officer and community safety, improve scene containment and stabilization. Assist in traffic collision reconstruction. Assist in resolving critical incidents or can be flown for areal safety checks at planned community events. These drones can cover a large area quickly and can be equipped with thermal sensors. These make them effective in search and rescue operations.

83Exhibit 1

BELL GARDENS POLICE DEPARTMENT MILITARY EQUIPMENT
_____________________________________________________________________________________ 2 Rev May 25 2023

c) Authorized Use:

Only authorized operators who have completed the required training and Federal Aviation Association (FAA) certification shall be permitted to operate the UAS. d) Expected Lifespan:

The manufacturer, DJI, does not offer a specific lifespan on this product. Depending on how the UAV is cared for, stored, transported, flown, and the climate and weather conditions the drone is flown in will dictate (extend or minimize) the lifespan of the product.
e) Fiscal Impact:

Annual maintenance cost - $0.00. The drone is warranted and equipped with additional components.
f) Training:

All Department UAS operators are licensed by the Federal Aviation Administration for UAS operation. In addition, each operator must attend a basic UAS operator course and ongoing in-service training.

g) Legal and Procedural Rules

Use is established in FAA Regulation 14 CFR Part 107, and the Department’s UAS policy (Unmanned Aerial System (UAS) Operations). It is the policy of the Department to utilize UAS only for official law enforcement purposes and according to State and Federal law.

2. Armored Personnel Carrier (Category 2)

a) Quantity, Description, Capabilities, and Cost:

One (1) 2009 Caiman Six-wheeled vehicle, Type 1 Allison 3700SP Gen IV transmission, 7.2 Diesel engine-powered personnel carrier with ballistic glass and armor rated to .50 caliber. The Caiman is designed to provide ballistic protection during rescues and tactical events. It is designed to withstand multiple bullet strikes from small arms fire as well as low-level explosions and is equipped with emergency lights/siren, a public address system, and the words “Police Rescue” on each side. A common use for the Caiman includes citizen and officer rescues, evacuations and the deployment of officers. The Caiman is a regional mutual-aid asset that can be deployed to surrounding cities as well as community outreach events for display.

Initial cost $0. The vehicle was obtained through the United States Military, Law Enforcement Support Office, 1033 program.

84Exhibit 1

BELL GARDENS POLICE DEPARTMENT MILITARY EQUIPMENT
_____________________________________________________________________________________ 3 Rev May 25 2023

b) Purpose:

To be used in response to critical incidents to enhance officer and community safety, improve scene containment and stabilization, assist in resolving critical incidents, or display at a community event.
c) Authorized Use:

The use of armored vehicles shall only be authorized by a watch commander based on the specific circumstances of a given incident. Armored vehicles shall be used only by officers trained in their deployment and in a manner consistent with the Department Policy and Training.
d) Expected Lifespan:

Lifespan depends on the use and maintenance of the vehicle. e) Fiscal Impact:

Annual maintenance$0 - $1,000.
f) Training:

Armored vehicles may only be operated by employees who possess the proper licensing and have been trained in the proper use of the vehicle. Employees designated as operators of the armored vehicle shall receive training in the safe operation and care for the vehicle and show competence before operating.

g) Legal and Procedural Rules:

Use is established in the Department Manual (Vehicle Use, Vehicle Maintenance, and Specialty Vehicle Deployment). It is the policy of the Department to utilize armored vehicles for official law enforcement purposes, in conjunction with State and Federal law.

3. Specialized Firearms and Ammunition (Category 9)

a) Quantity, Description, Capabilities, and Purchase Cost:

Twenty-two (22) Colt Carbine Rifles, six (6) Heckler & Koch 416 Rifles, four (4) DPMS Panther Oracle Rifles, two (2) Bushmaster Rifles, two (2) Smith & Wesson M&P Rifles, twelve (12) Hydra-Matic Division GM Rifle, and Twelve (12) M-4 platform rifles, capable of accurately stopping an armed subject at various distances.

The rifles are lightweight, air-cooled, gas-operated, magazine-fed, shoulder-fired weapons designed for semi-automatic fire. The rifles do not have an expiration date and will need to be serviced or replaced when the rifle fails or breaks. 85Exhibit 1

BELL GARDENS POLICE DEPARTMENT MILITARY EQUIPMENT
_____________________________________________________________________________________ 4 Rev May 25 2023

Initial cost: The rifles were obtained over a Twenty (20) year period through purchases, trade-ins, and the United States Military, Law Enforcement Support Office, 1033 program.

The Winchester 5.56 mm ammunition is used as a lethal option designed to stop a violent encounter. The projectile is capable of penetrating soft body armor worn by armed subjects.

1. The Winchester 5.56 mm, 64 grain Bonded Solid Base is the primary duty ammunition deployed during potential lethal encounters.

One (1) .308 Ruger American Bolt Action Rifle and One (1) LaRue .308 semi- automatic rifle. They are capable of accurately stopping an armed subject at various distances. The .308 rifle is a shoulder-fired weapon designed for single-action fire.

The rifle does not have an expiration date and will need to be serviced or replaced when the rifle fails or breaks. The Federal .308 Bonded Tip is used as a lethal option designed to stop a violent encounter. The projectile is capable of penetrating soft body armor worn by armed subjects.

Initial cost: $0 rifle was donated.

1. Federal .308 Win Tactical Bonded Tip 168 Grain is the primary duty ammunition deployed during potential lethal encounters.

b) Purpose:

To be used as a precision weapon to address a threat with more precision and/or at greater distances than a handgun, if present and feasible within Department Policy and Applicable Law.
c) Authorized Use:

Only members that are POST certified Peace Officers and have completed The POST Firearms/Tactical Rifle Course.
d) Expected Lifespan:

Carbine Rifle – No expiration.

Ammunition - Winchester 5.56 mm, 64 grain Bonded Solid Base – No expiration. .308 Rifle – No expiration.

Ammunition - Federal .308 Win Tactical Bonded Tip 168 Grain – No expiration. e) Fiscal Impact:

Carbine Rifle annual maintenance $0 - $1000. Annual cost: $0 - $1000, duty ammunition cost: $1500, excluding training rounds.
86Exhibit 1

BELL GARDENS POLICE DEPARTMENT MILITARY EQUIPMENT
_____________________________________________________________________________________ 5 Rev May 25 2023

.308 Caliber Rifle annual maintenance cost: $0, duty ammunition $75, excluding training rounds.
f) Training:

Officers receive POST certified training and on-going in-service training above POST standards. Once certified, authorized users must qualify with the rifle quarterly.

g) Legal and Procedural Rules:

Use is established in the Department Manual (Use of Force, Firearms, and Patrol Rifles). It is the policy of the Department to utilize these rifles and the associated munitions only for official law enforcement purposes, according to State and Federal law.

4. Diversionary Devices (Category 12):

Quantity, Description, Capabilities, and Purchase Cost:

Seventy-two (72) Diversionary Devices, also known as flashbangs, distraction devices, light/sound devices, and noise/flash diversionary devices, provide law enforcement with an effective tool that may assist in resolving tactical incidents. The devices create a loud report, heat, and brilliant light because they are “low explosive” devices. They are excellent for use during high-risk entry scenarios and other tactical applications.

They may disorient/confuse subjects for a few seconds (lag time), providing law enforcement with an opportunity to end hostile situations peacefully.

Initial cost - $1,400.
a) Purpose and authorized use:

The purpose of a diversionary device is to temporarily disorient a hostile subject’s senses. It is designed to produce a disorienting flash of light of approximately 7 million candela and an intensely loud “bang” of greater than 170 decibels. Only BGPD Special Operation Team (SOT) members who have completed a California Police Officers Standards & Training SWAT academy are authorized to use the device. Refer to BGPD policy 404 - Special Operations Team procedures. SOT operators must complete an 80-hour SWAT academy and are subject to ongoing extensive classroom and practical application training in the use of Diversionary Devices. Additionally, SOT operators regularly train on safe device deployments in various operational settings. b) Expected Lifespan:

Five (5) year shelf life.
c) Fiscal Impact:

The department orders fifty (50) devices triennially; however, orders can be made biennially depending on usage. These bulk purchases are approximately $2000. 87Exhibit 1

BELL GARDENS POLICE DEPARTMENT MILITARY EQUIPMENT
_____________________________________________________________________________________ 6 Rev May 25 2023

d) Training:

Officers must attend diversionary device training that is conducted by a certified instructor. Additionally, officers will receive ongoing in-service training on the use of diversionary devices.

e) Legal and Procedural Rules:

Use is established in the Department Manual (Use of Force and Diversionary Devices - Flashbangs). It is the policy of the Department to utilize diversionary devices only for official law enforcement purposes, and according to State and Federal law regarding the use of force.

5. Explosive Breaching Tools (Category 12):

a) Description, Quantity, Capabilities, and Purchase Cost

Explosive breaching uses a minimal amount of explosives to achieve 100% penetration of the location to be breached. Detonating Cord is a thin, flexible plastic tube usually filled with pentaerythritol tetranitrate (PETN, pentrite). With the PETN exploding at a rate of approximately 6400 m/s, any common length of detonation cord appears to explode instantaneously. It is a highspeed fuse that explodes rather than burns and is suitable for detonating high explosives. Detonating cord, quantity 1374 feet.

Initial cost: $500.

A blasting cap is a small sensitive primary explosive device generally used to detonate a larger, more powerful, and less sensitive secondary explosive such as TNT, dynamite, or plastic explosive. Blasting caps come in various types, including non-electric caps, electric caps, and fuse caps. Quantity – 14.

Initial cost: $500.

Sheet explosives are materials formed by combining an explosive with a "rubberizer", a flexible binding agent. The resulting compound is cast into a flat sheet which is typically pliable and deformable over a wide range of temperature. Typical products are generally shock-insensitive secondary explosives, requiring a blasting cap or other detonator. Quantity – 4 pounds.

Initial cost: $500.

88Exhibit 1

BELL GARDENS POLICE DEPARTMENT MILITARY EQUIPMENT
_____________________________________________________________________________________ 7 Rev May 25 2023

b) Expected Lifespan:

Ten (10) year shelf life or until used.

c) Purpose and authorized use:

The purpose of explosive breaching is to allow tactical teams immediate entry with minimal risk to themselves, the victims, and the suspects. All officers who use explosive breaching tools shall attend 40 hours of explosive breaching instruction and should additionally receive quarterly training for explosive operations.

d) Fiscal Impact:

Detonating Cord, initial cost: $300, replace as needed. Detonating Cord, cost: $1 per foot. Fiscal: $0 - $300.

Blasting Cap, initial cost: $216. Cost per unit: $12, quantity: 18, replace as needed.

e) Training:

Officers utilizing explosive breaching must be certified by a certified breaching instructor. Additionally, members certified in explosive breaching will receive ongoing in-service training.

f) Legal and Procedural Rules:

It is the policy of the Department to utilize explosive breaching only for official law enforcement purposes, according to State and Federal law.

6. Breaching Shotgun (Category 12):

a) Description, Quantity, Capabilities, and Purchase Cost

The Breaching Shotgun allows breachers to safely utilize shotgun breaching rounds to destroy deadbolts, locks, and hinges. The stand-off attached to the end of the barrel allows for positive placement of the shotgun into the correct position and vents gases to prevent overpressure. The weapon can also defeat windows and sliding glass doors with a flashbang round. A less lethal 2.4inch 12-gauge shotgun round firing a ballistic fiber bag filled with 40 grams of lead shot at a velocity of 270-290 feet per second (FPS). Remington 870 Breaching Shotgun, Quantity: 2.

Initial cost: $1,000.
89Exhibit 1

BELL GARDENS POLICE DEPARTMENT MILITARY EQUIPMENT
_____________________________________________________________________________________ 8 Rev May 25 2023

The round is fired from a breaching shotgun and is used to destroy deadbolts, locks, and hinges. Breaching rounds.

Initial cost: $150.

b) Purpose of breaching tools:

To safely gain entry into a structure.

c) Authorized Use:

Explosive breaching may only occur after authorization by the Incident Commander, SWAT commander in the field, and appropriate team supervisor.

d) Lifespan:

Breaching Shotgun- Twenty-five (25) years
Blasting Caps- Ten (10) years
Detonating cord- Ten (10) years
Annual maintenance is approximately $0 - $500.

e) Fiscal Impact:

Remington 870 Breaching Shotgun - Initial cost: $1000. Annual impact $0 - $100.

Breaching rounds – Cost: $5 per round, quantity: 30. Annual impact $0 - $150.

f) Training:

Officers utilizing a breaching shotgun must be certified by a certified breaching instructor. Additionally, members of will receive ongoing in-service training.

g) Legal and Procedural Rules:

It is the policy of the Department to utilize breaching shotguns and the associated munitions only for official law enforcement purposes, according to State and Federal law.

7. Tear Gas/Chemical Munitions (Category 12)

a) Quantity, Description, Capabilities, and Purchase Cost:

Chemical agent munitions, commonly called “tear gas,” are used as a non-lethal option/tool to disperse rioting subjects/barricaded suspects per Bell Gardens Police Department Policy and applicable law. Generally, chemical agents can be used to 90Exhibit 1

BELL GARDENS POLICE DEPARTMENT MILITARY EQUIPMENT
_____________________________________________________________________________________ 9 Rev May 25 2023

dislodge a suspect from a location with the least possible danger to the community, police, and suspect during high-risk tactical incidents. Chemical agents can prevent an armed suspect from accurately firing at the community and/or officers. They can also be used in limited instances during civil unrest when objectively reasonable to defend against a threat to life or serious bodily injury to any individual, including the officer, or bring a dangerous and unlawful situation safely and effectively under control.

CS (Chlorobenzylidenemalononitrile) and OC (Oleoresin Capsicum). CS is an irritating agent and lachrymator (irritates the eyes and causes tears to flow). CS has been medically tested in the UK and US, specifically by the U.S. Army. There are no known allergic reactions to CS. OC was de-regulated in California in 1996, is endorsed by the FBI, and is available to civilians to possess (2.5 oz. or less) legally.

OC is an inflammatory agent that causes involuntary eye closure (open in 2-5 minutes) and respiratory inflammation (subsides in approximately 2 minutes).

Chemical Munitions:

SAF-Smoke White is a pyrotechnic grenade emitting non-irritant SAF Smoke through multiple emission ports to cover large areas for 30 to 40 seconds. It may be launched or hand-thrown. Quantity – 42.

Cost: $33.83 per munition. Replace as needed.

Triple-Chaser CS consists of three separate canisters pressed together with separating charges between each. When deployed, the canisters separate and land approximately 20 feet apart, allowing increased area coverage in a short period of time. This grenade can be hand thrown or launched from a fired delivery system. The grenade is 6.5 in. by 2.7 in. and holds an approximately 3.2 oz. of active agent payload.

It has an approximate burn time of 20-30 seconds. Quantity – 9.

Cost: $35.25 per munition. Replace as needed.

The Spede-Heat CS Grenade is a high volume, continuous burn. It expels its payload in approximately 20-4- seconds. The payload is discharged through four gas ports on the top of the canister, three on the side, and one on the bottom. This launchable grenade is 6.12 in. by 2.62 in. and holds approximately 2.9 0z of active agent. It has an approximate burn time of 20-40 seconds. Quantity – 9.

Cost: $23.92 per munition. Replace as needed
The Pocket Tactical CS Grenade is small and lightweight. The 0.0 oz. of active agent will burn approximately 20-40 seconds. At 4.75 in. by 1.4 inches in size, it easily fits in most tactical pouches. This is a launchable grenade; however, it is typically used as a signaling or covering device. Though this device is slightly over four inches in 91Exhibit 1

BELL GARDENS POLICE DEPARTMENT MILITARY EQUIPMENT
_____________________________________________________________________________________ 10 Rev May 25 2023

length, it produces a smoke cloud so fast that it appears to be an enveloping screen created by a full-size tactical grenade. Quantity – 29.

Cost: $23.50 per munition. Replace as needed.

Tri-Chamber Flameless CS Grenade allows the contents to burn within an internal can and disperse the agent safely with reduced fire risk. The grenade is designed primarily for indoor tactical situations to detect and/or dislodge a barricaded subject.

This grenade will deliver approximately .70 oz. of agent during its 20-25 seconds burn time. The Tri-Chamber Flameless Grenade can be used in crowd control as well as tactical deployment situations by Law Enforcement and Corrections but was designed with the barricade situation in mind. Its applications in tactical situations are primarily to detect and/or dislodge barricaded subjects. The purpose of the Tri-Chamber Flameless Grenade is to minimize the risks to all parties through pain compliance, temporary discomfort, and/or incapacitation of potentially violent or dangerous subjects. The Tri-Chamber Flameless Grenade provides the option of delivering a pyrotechnic chemical device indoors, maximizing the chemicals’ effectiveness via heat and vaporization while minimizing or negating the chance of fire to the structure.

The Tri-Chamber Flameless Grenade is NOT to be launched utilizing a launching cup.

Quantity – 14.

Cost: $41.60 per munition. Replace as needed.

CS Flameless Expulsion Grenade is a compact, non-pyrotechnic, chemical agent device that provides safe expulsion without fire risk. It is safe to use inside of a residence. Unlike pyrotechnical grenades, the contents of this device are expelled upon actuation of a CO2 cartridge that will affect a confined area of approximately 1500 square feet. This grenade is 7.5 in. by 1.65 in. and delivers approximately .16 oz/ of active agent during its 3-second discharge time. Quantity – 4.

Cost: $41.60 per munition. Replace as needed.

OC Flameless Expulsion Grenade is a compact, non-pyrotechnic, chemical agent device that provides safe expulsion without fire risk. It is safe to use inside of a residence. Unlike pyrotechnical grenades, the contents of this device are expelled upon actuation of a CO2 cartridge that will affect a confined area of approximately 1500 square feet. This grenade is 7.5 in. by 1.65 in. and delivers approximately .16 oz/ of active agent during its 3-second discharge time. Quantity – 3.

Cost: $41.60 per munition. Replace as needed.

The Stinger CS Rubber Ball Grenade is a maximum effect device that delivers four stimuli for psychological and physiological effects: rubber pellets, light, sound, and CS. The Stinger® Grenade is most widely used as a crowd management tool by Law Enforcement and Corrections. The Stinger® Grenade has an initial 1.5-second delay that initiates fuse assembly separation, followed by another .5 second delay before the 92Exhibit 1

BELL GARDENS POLICE DEPARTMENT MILITARY EQUIPMENT
_____________________________________________________________________________________ 11 Rev May 25 2023

blast, which is sufficient to project the rubber balls and chemical agent in a 50-foot radius. Quantity – 9.

Cost: $40.50 per munition. Replace as needed.

The Stinger OC Rubber Ball Grenade is a maximum effect device that delivers four stimuli for psychological and physiological effects: rubber pellets, light, sound, and CS. The Stinger® Grenade is most widely used as a crowd management tool by Law Enforcement and Corrections. The Stinger® Grenade has an initial 1.5-second delay that initiates fuse assembly separation, followed by another .5 second delay before the blast, which is sufficient to project the rubber balls and chemical agent in a 50-foot radius. Quantity – 15.

Cost: $40.50 per munition. Replace as needed.

OC Aerosol Grenade 6 oz. will deliver its payload of 1.3% MC% OC in 20-25 seconds. This is an atomized mist that enhances the pungent 1.3% OC formulation.

Ideal for area denial areas like attics, garages, etc. This device has minimum clean-up.

The canister may also be handheld to direct the spray pattern. This product is designed to provide room-clearing ability with minimum clean up requirements. Quantity – 4.

Cost: $40.50 per munition. Replace as needed.

Riot Control CS Grenade is designed specifically for outdoor use in crowd control situations with a high-volume continuous burn that expels its payload in approximately 20-40 seconds through four gas ports located on the top of the canister.

This grenade can be used to conceal tactical movement or to route a crowd. The volume of smoke and agent is vast and obtrusive. This launchable grenade is 6.0 in. by 2.35 in. and holds approximately 2.7 oz. of active agent. Quantity – 41.

Cost: $37.40 per munition. Replace as needed.
b) Purpose:

To limit the escalation of conflict where employment of lethal force is prohibited or undesirable. Situations for the use of the less-lethal weapon systems may include, but are not limited to:

a. Self-destructive, dangerous and/or combative individuals. b.Riot/crowd control and civil unrest incidents.
c. Circumstances where a tactical advantage can be obtained. d.Vicious animals.
e. Training exercises or approved demonstrations.
f. Non-lethal force.

c) Authorized Use:
93Exhibit 1

BELL GARDENS POLICE DEPARTMENT MILITARY EQUIPMENT
_____________________________________________________________________________________ 12 Rev May 25 2023

Only officers who have received POST certification or manufacturer-specific training in the use of chemical agents are authorized to use chemical agents and, in a manner, consistent with the Department Policy and Training.
d) Expected Lifespan:

All munitions lifespan is 5 years from the date of manufacture.

e) Fiscal Impact:

Initial cost $1500 per munition category. The fiscal impact of the chemical munitions is between $0 – $2000 annually, depending on usage.

f) Training:

Officers utilizing chemical agents must be certified by a chemical agent instructor.

Additionally, officers will receive ongoing in-service training.

g) Legal and Procedural Rules:

Use is established in the Department Manual (Use of Force and Chemical Agents). It is the policy of the Department to utilize chemical agents only for official law enforcement purposes, and according to State and Federal law, including those regarding the use of force.

8. Projectile Launch Platforms and Associated Munitions – 40mm Launchers (Category 14)

a) Quantity, Description, Capabilities, and Purchase Cost:

Quantity: (2) Defense Technology 40mm Launcher, (2) Penn Arms 40mm Launcher, (2) Armor Holdings 40mm Launcher.

Capabilities: 40mm launchers can fire a variety of munitions with a maximum effective range of one hundred twenty (120) feet. 40mm launchers can deliver 40mm munitions in the form of chemical agents, sponge baton rounds, or combined use sponge baton OC chemical agent rounds.

Usage: As defined in department policy, 40mm launchers utilized with less-lethal sponge baton rounds are deployed to impact subjects demonstrating assaultive behavior or life-threatening behavior. 40mm launchers utilized with less-lethal sponge baton rounds may also be used to control an actively resistive subject reasonably believed to possess or have immediate access to a deadly weapon within the force 94Exhibit 1

BELL GARDENS POLICE DEPARTMENT MILITARY EQUIPMENT
_____________________________________________________________________________________ 13 Rev May 25 2023

guidelines of the department policy. Officers' primary objective in using an extended range impact weapon is to gain compliance, overcome resistance, or prevent serious injury or death to officers, victims, or suspects.

Lifespan: Penn Arms 40mm Launchers – No lifespan indicated by the manufacturer.

Lifespan varies on operational usage and wear.

Defense Technology 40mm Launchers – Two (2) year limited warranty.

The manufacturer indicates no lifespan. Lifespan varies on operational usage and wear.

Cost: Two (2) Defense Technology 40 mm Launchers- Initial cost: $3000.

Two (2) Penn Arms 40 mm Launchers- Initial cost: $2000.

Two (2) Armor Holdings - Arms 40 mm Launchers- Initial cost: $2000.

40mm Munitions - (Ferret 40mm Powder/Liquid Barricade Penetrator Round, CS)

Manufacturer: Defense Technology

Manufacturer Description: The Ferret 40mm Barricade Penetrating Round uses a powder chemical agent to primarily dislodge barricaded subjects and to deny areas of refuge. The nose ruptures upon impact and instantaneously delivers its payload.

It is a frangible projectile that utilizes fins and barrel rifling to offer spin stabilization. It is designed to penetrate barriers, such as windows, particleboard, doors, and interior walls, and is primarily used by tactical teams. Quantity – 30.

Cost: $24.50 each

40mm Munitions - (Direct Impact 40mm OC Crushable Round)

Manufacturer: Defense Technology

Manufacturer Description: The 40mm Direct Impact munition is a point-of-aim, point-of impact direct-fire round. An excellent solution whether you need to incapacitate a single subject or control a crowd. Quantity – 30.

Cost: $20.50 each

40mm Munitions - (Direct Impact 40mm CS Crushable Round) 95Exhibit 1

BELL GARDENS POLICE DEPARTMENT MILITARY EQUIPMENT
_____________________________________________________________________________________ 14 Rev May 25 2023

Manufacturer: Defense Technology

Cost: $30.50 each

40mm Munitions - (Exact Impact 40mm Standard Range Sponge Round)

Manufacturer: Defense Technology

Manufacturer Description: The Exact Impact 40 mm Sponge Round is a point-of- aim, point-of-impact direct-fire round. This lightweight, high-speed projectile consists of a plastic body and sponge nose that is spin-stabilized via the incorporated rifling collar and the 40 mm launcher’s rifled barrel. The round utilizes smokeless powder as the propellant and, therefore, has exceptionally consistent velocities. Used for Crowd Control, Patrol, and Tactical Applications. Quantity – 80.

Cost: $18.75 each

b) Training:

All officers receive training on the use of the 40mm launcher with the sponge round.

This training occurs during qualification and through ongoing in-service training taught by Department instructors.

Special Operation Team personnel receive additional training on chemical munitions by an approved chemical agent school and/or training facilitated by a Department- certified chemical agent instructor.

c) Legal and Procedural Rules:

Use is established in the Department Manual (Use of Force, Specialty Impact Munitions (SIM) Less-Lethal, Chemical Agents, and Oleoresin Capsicum – OC). It is the policy of the Department to utilize the SIM launchers and munitions only for official law enforcement purposes and according to State and Federal law, including those regarding the use of force.

Projectile Launch platforms and associated munitions – Beanbag Shotguns (Category 14)
96Exhibit 1

BELL GARDENS POLICE DEPARTMENT MILITARY EQUIPMENT
_____________________________________________________________________________________ 15 Rev May 25 2023

Beanbag Shotgun

a) Quantity, Description, Capabilities, and Purchase Cost:

Quantity: (7) Remington 870 12 Gauge Multi-Shot Beanbag that has been modified with an orange stock and fore-end.

Capabilities: Beanbag shotguns can fire a 12-gauge beanbag round with a maximum effective range of sixty (60) feet.

Usage: Beanbag shotguns utilized with beanbag rounds may be deployed to impact subjects demonstrating assaultive behavior or life-threatening behavior, as defined in Department Procedure 1.04, Use of Force. Beanbag shotguns utilized with beanbag rounds may also be used to control an actively resistive subject reasonably believed to possess or have immediate access to a deadly weapon within the force guidelines of department Use of Force policy. Officers' primary objective in using an extended range impact weapon is to gain compliance, overcome resistance, or prevent serious injury or death to officers, victims, or suspects. Beanbag shotguns combined with beanbag rounds are authorized to be used by any officer that has been trained in its use and maintains current extended range impact weapon qualifications.

Cost: The Remington 870, 12 Gauge shotgun was converted from a lethal weapon to a non-lethal weapon capable of firing a Super-Sock Bean Bag munition.

Beanbag Shotgun Munitions - (12GA Super-Sock Bean Bag Ammunition)

Manufacturer Description: The Model 2581 Super-Sock is in its deployed state immediately upon exiting the barrel. It does not require a minimum range to unfold” or “stabilize.” The Super-Sock is an aerodynamic projectile, and its accuracy is relative to the shotgun, barrel length, environmental conditions, and the operator. The Super-Sock is first in its class, providing the point control accuracy and consistent energy to incapacitate violent, non-compliant subjects momentarily. The effective range is 75ft. Quantity – 20.

Cost: $4.85 each per round. Replace as needed.

b) Purpose:

To limit the escalation of conflict where employment of lethal force is prohibited or undesirable.

c) Authorized Use:

97Exhibit 1

BELL GARDENS POLICE DEPARTMENT MILITARY EQUIPMENT
_____________________________________________________________________________________ 16 Rev May 25 2023

Situations for the use of the less-lethal weapon systems may include, but are not limited to:

a. Self-destructive, dangerous and/or combative individuals. b. Riot/crowd control and civil unrest incidents.
c. Circumstances where a tactical advantage can be obtained. d. Potentially vicious animals.
e. Training exercises or approved demonstrations.

d) Expected Lifespan:

40mm Launcher: No expiration
40mm Sponge Munition – 5 years
Bean Bag Launcher – 5 years
Bean Bag Munitions – 5 years

e) Fiscal Impact:

40mm Launcher – $0 and $250 annually
40mm Munitions – $0 and $500 annually. Does not include training rounds.

Beanbag Shotgun – $0 and $1000 annually.

Beanbag Munitions – $0 and $250 annually. Does not include training rounds.

f) Training:

All officers are trained in the Remington 870 less-lethal shotgun with the 12-gauge Super-Sock Bean Bag round. This training occurs by a POST certified less lethal instructor and through ongoing in-service training taught by Department instructors.

g) Legal and Procedural Rules:

Use is established in the Department Manual (Use of Force and Specialty Impact Munitions (SIM) Less-Lethal). It is the policy of the Department to utilize the SIM launchers and munitions only for official law enforcement purposes and according to State and Federal law, including those regarding the use of force.

98Exhibit 1

® STATE O F CA LIFO RN IA
11:'t,~m' AUTHENTICATED
r-uti"l.\ll ElECTROfjl( LEGAL MATERIAL
Assembly Bill No. 481
CHAPTER406
An act to add Chapter 12.8 (commencing with Section 7070) to Division 7 of Title 1 of the Government Code, relating to military equipment. [Approved by Governor September 30, 2021. Filed with
Secretary of State September 30, 2021.]

LEGISLATIVE COUNSEL'S DIGEST
AB 481, Chiu. Law enforcement and state agencies: military equipment:
funding, acquisition, and use.

Existing law designates the Department of General Services as the agency for the State of California responsible for distribution of federal surplus personal property, excepting food commodities, and requires the department to, among other things, do all things necessaiy to the execution of its powers and duties as the state agency for the distribution offederal personal surplus property, excepting food commodities, in accordance with specified federal law. Existing law, the Federal Surplus Property Acquisition Law of 1945, authorizes a local agency, as defined, to acquire surplus federal property without regard to any law which requires posting of notices or advertising for bids, inviting or receiving bids, or delive1y of purchases before payment, or which prevents the local agency from bidding on federal surplus property.

Existing federal law authorizes the Department of Defense to transfer surplus personal property, including arms and ammunition, to federal or state agencies for use in law enforcement activities, subject to specified conditions, at no cost to the acquiring agency.

This bill would require a law enforcement agency, defined to include specified entities, to obtain approval of the applicable governing body, by adoption of a military equipment use policy, as specified, by ordinance at a regular meeting held pursuant to specified open meeting laws, prior to taking certain actions relating to the funding, acquisition, or use of military equipment, as defined. The bill would also require similar approval for the continued use of military equipment acquired prior to January 1, 2022. The bill would allow the governing body to approve the funding, acquisition, or use of military equipment within its jurisdiction only if it determines that the militaiy equipment meets specified standards. The bill would require the governing body to annually review the ordinance and to either disapprove a renewal of the authorization for a type, as defined, of military equipment or amend the military equipment use policy if it determines, based on an annual military equipment report prepared by the law enforcement agency, as provided, that the militaiy equipment does not comply with the above-described standards for approval. The bill would specify these provisions do not preclude a county or local municipality from implementing 92 99Exhibit 2

Ch. 406 -2-
additional requirements and standards related to the purchase, use, and reporting of military equipment by local law enforcement agencies.

This bill would also require a state agency, as defined, to create a military equipment use policy before engaging in certain activities, publish the policy on the agency's internet website, and provide a copy of the policy to the Governor or the Governor's designee, as specified . The bill would also require a state agency that seeks to continue use of military equipment acquired prior to J anuaiy 1, 2022, to create a military equipment use policy.

This bill would also include findings that the changes proposed by this bill address a matter of statewide concern rather than a municipal affair and, therefore, apply to all cities, including charter cities.

By adding to the duties of local officials with respect to the funding, acquisition, and use of military equipment, this bill would impose a state-mandated local program.

The California Constitution requires local agencies , for the purpose of ensuring public access to the meetings of public bodies and the writings of public officials and agencies, to comply with a statutory enactment that amends or enacts laws relating to public records or open meetings and contains findings demonstrating that the enactment furthers the constitutional requirements relating to this purpose .

This bill would make legislative findings to that effect.

The California Constitution requires the state to reimburse local agencies and school districts for certain costs mandated by the state . Statutmy provisions establish procedures for making that reimbursement.

This bill would provide that no reimbursement is required by this act for a specified reason .

The people of th e State of California do enact as follows :

SECTION 1. The Legislature finds and declares all of the following :
(a) The acquisition of military equipment and its deployment in our communities adversely impacts the public's safety and welfare, including increased risk of civilian deaths, significant risks to civil rights, civil liberties, and physical and psychological well-being, and incunnent of significant financial costs . Military equipment is more frequently deployed in low-income Black and Brown communities, meaning the risks and impacts of police militarization are experienced most acutely in marginalized communities.
(b) The public has a right to know about any funding , acquisition , or use of military equipment by state or local government officials, as well as a right to participate in any government agency's decision to fund, acquire, or use such equipment.
( c) Decisions regarding whether and how military equipment is funded, acquired, or used should give strong consideration to the public's welfare, safety, civil rights, and civil liberties, and should be based on meaningful public input.
92 100Exhibit 2

-3-Ch. 406
( d) Legally enforceable safeguards, including transparency, oversight, and accountability measures , must be in place to protect the public's welfare, safety, civil rights, and civil liberties before rnilitaiy equipment is funded, acquired, or used.
(e) The lack of a public forum to discuss the acquisition of militaiy equipment jeopardiz es the relationship police have with the community, which can be undermined when law enforcement is seen as an occupying force rather than a public safety service.

SEC . 2. Chapter 12.8 (commencing with Section 7070) is added to Division 7 of Title l of the Government Code, to read:

CHAPTER 12.8. FUNDING, ACQUISITION, AND UsE OF MILITARY

EQUIPMENT
7070. For purposes of this chapter, the following definitions shall apply :
(a) "Governing body" means the elected body that oversees a law enforcement agency or, if there is no elected body that directly oversees the law enforcement agency, the appointed body that oversees a law enforcement agency. In the case of a law enforcement agency of a county, including a sheriff's department or a district attorney's office , "governing body" means the board of supervisors of the county.
(b) "Law enforcement agency" means any of the following:
(1) A police department, including the police department of a h·ansit agency, school district, or any campus of the University of California, the California State University, or California Community Colleges. (2) A sheriff's department.
(3) A district attorney's office .
(4) A county probation department.
(c) "Militaiy equipment" means the following :
(1) Unmanned, remotely piloted, powered aerial or ground vehicles. (2) Mine-resistant ambush-protected (MRAP) vehicles or armored personnel carriers. However, police versions of standard consumer vehicles are specifically excluded from this subdivision.
(3) High mobility multipurpose wheeled vehicles (HMMWV), commonly refe1Ted to as Humvees, two and one -half-ton trucks, five-ton trucks, or wheeled vehicles that have a breaching or entry apparahls attached. However, unarmored all-te1Tain vehicles (ATVs) and motorized dirt bikes are specifically excluded from this subdivision .
( 4) Tracked armored vehicles that provide ballistic protection to their occupants and utilize a h·acked system instead of wheels for fo1ward motion. (5) Command and control vehicles that are either built or modified to facilitate the operational control and direction of public safety units. ( 6) Weaponized aircraft, vessels, or vehicles of any kind. (7) Battering rams, slugs, and breaching apparahlses that are explosive in nahlre. However, items designed to remove a lock, such as bolt cutters, 92 101Exhibit 2

Ch . 406 -4-
or a handheld ram designed to be operated by one person, are specifically excluded from this subdivision.
(8) Fireaims of .50 caliber or greater. However, standard issue shotguns are specifically excluded from this subdivision.
(9) Ammunition of .50 caliber or greater. However, standard issue shotgun ammunition is specifically excluded from this subdivision. (10) Specialized fireaims and ammunition of less than .50 caliber, including assault weapons as defined in Sections 30510 and 30515 of the Penal Code, with the exception of standard issue service weapons and ammunition of less than .50 caliber that are issued to officers, agents , or employees of a law enforcement agency or a state agency. (11) Any firearm or firearm accessmy that is designed to launch explosive projectiles.
(12) "Flashbang" grenades and explosive breaching tools, "tear gas," and "pepper balls," excluding standard, service-issued handheld pepper spray.
(13) Taser Shockwave, microwave weapons, water cannons, and the Long Range Acoustic Device (LRAD).
(14) The following projectile launch platfmms and their associated munitions: 40mm projectile launchers, "bean bag," rubber bullet, and specialty impact munition (SIM) weapons .
(15) Any other equipment as determined by a governing body or a state agency to require additional oversight.
(16) Notwithstanding paragraphs (1) through (15), "militaiy equipment" does not include general equipment not designated as prohibited or controlled by the federal Defense Logistics Agency.
(d) "Militaiy equipment use policy" means a publicly released, written document governing the use of rnilitaiy equipment by a law enforcement agency or a state agency that addresses, at a minimum, all of the following:
(1) A description of each type of rnilitaiy equipment, the quantity sought, its capabilities, expected lifespan, and product descriptions from the manufacturer of the military equipment.
(2) The purposes and authorized uses for which the law enforcement agency or the state agency proposes to use each type of military equipment. (3) The fiscal impact of each type of military equipment, including the initial costs of obtaining the equipment and estimated annual costs of maintaining the equipment.
(4) The legal and procedural rules that govern each authorized use . (5) The training, including any course required by the Commission on Peace Officer Standards and Training, that must be completed before any officer, agent, or employee of the law enforcement agency or the state agency is allowed to use each specific type of military equipment to ensure the full protection of the public's welfare, safety, civil rights , and civil liberties and full adherence to the military equipment use policy.
(6) The mechanisms to ensure compliance with the militaiy equipment use policy, including which independent persons or entities have oversight 92 102Exhibit 2

-5-Ch . 406
authority, and, if applicable, what legally enforceable sanctions are put in place for violations of the policy.
(7) For a law enforcement agency, the procedures by which members of the public may register complaints or concerns or submit questions about the use of each specific type of military equipment, and how the law enforcement agency will ensure that each complaint, concern, or question receives a response in a timely manner.
(e) "State agency" means the law enforcement division of eve1y state office, officer, department, division, bureau, board, and commission or other state body or agency, except those agencies provided for in Article IV ( except Section 20 thereof) or Article VI of the California Constitution. (f) "Type" means each item that shares the same manufacturer model number.
7071. (a) (1) A law enforcement agency shall obtain approval of the governing body, by an ordinance adopting a militaiy equipment use policy at a regular meeting of the governing body held pursuant to the Bagley-Keene Open Meeting Act (Article 9 (commencing with Section 11120) of Chapter 1 of Part 1 of Division 3 of Title 2) or the Ralph M.

Brown Act (Chapter 9 (commencing with Section 54950) of Part 1 of Division 2 of Title 5), as applicable, prior to engaging in any of the following:
(A) Requesting military equipment made available pursuant to Section 2576a of Title 10 of the United States Code.
(B) Seeking funds for militaiy equipment, including, but not limited to, applying for a grant, soliciting or accepting private, local, state, or federal funds, in-kind donations, or other donations or transfers. (C) Acquiring militaiy equipment either permanently or temporarily, including by bmrnwing or leasing.
(D) Collaborating with another law enforcement agency in the deployment or other use of milita1y equipment within the territorial jurisdiction of the governing body.
(E) Using any new or existing military equipment for a purpose, in a manner, or by a person not previously approved by the governing body pursuant to this chapter.
(F) Soliciting or responding to a proposal for, or entering into an agreement with, any other person or entity to seek funds for, apply to receive, acquire, use, or collaborate in the use of, military equipment. (G) Acquiring militaiy equipment through any means not provided by this paragraph.
(2) No later than May 1, 2022, a law enforcement agency seeking to continue the use of any militaiy equipment that was acquired prior to Januaiy 1, 2022, shall commence a governing body approval process in accordance with this section . If the governing body does not approve the continuing use of milita1y equipment, including by adoption pursuant to this subdivision of a military equipment use policy submitted pursuant to subdivision (b ), within 180 days of submission of the proposed militaiy equipment use policy to the governing body, the law enforcement agency shall cease its use of 92 103Exhibit 2

Ch. 406 -6-
the militaiy equipment until it receives the approval of the governing body in accordance with this section.
(b) In seeking the approval of the governing body pursuant to subdivision (a), a law enforcement agency shall submit a proposed militaiy equipment use policy to the governing body and make those documents available on the law enforcement agency's internet website at least 30 days prior to any public hearing concerning the militaiy equipment at issue. (c) The governing body shall consider a proposed military equipment use policy as an agenda item for an open session of a regular meeting and provide for public comment in accordance with the Bagley-Keene Open Meeting Act (Article 9 ( commencing with Section 11120) of Chapter 1 of Part 1 of Division 3 of Title 2) or the Ralph M. Brown Act (Chapter 9 (commencing with Section 54950) of Part 1 of Division 2 of Title 5), as applicable.
( d) (1) The governing body shall only approve a militaiy equipment use policy pursuant to this chapter if it determines all of the following:
(A) The militaiy equipment is necessary because there is no reasonable alternative that can achieve the same objective of officer and civilian safety. (B) The proposed militaty equipment use policy will safeguard the public's welfare, safety, civil rights, and civil liberties. (C) If purchasing the equipment, the equipment is reasonably cost effective compared to available alternatives that can achieve the same objective of officer and civilian safety.
(D) Prior militaty equipment use complied with the militaiy equipment use policy that was in effect at the time, or if prior uses did not comply with the accompanying military equipment use policy, cotTective action has been taken to remedy nonconforming uses and ensure future compliance. (2) In order to facilitate public patticipation, any proposed or final military equipment use policy shall be made publicly available on the internet website of the relevant law enforcement agency for as long as the military equipment is available for use .
( e) (1) The governing body shall review any ordinance that it has adopted pursuant to this section approving the funding, acquisition, or use of military equipment at least annually and, subject to paragraph (2), vote on whether to renew the ordinance at a regular meeting held pursuant to the Bagley-Keene Open Meeting Act (Article 9 (commencing with Section 11120) of Chapter 1 of Patt 1 of Division 3 of Title 2) or the Ralph M .

Brown Act (Chapter 9 (commencing with Section 54950) of Patt 1 of Division 2 of Title 5), as applicable.
(2) The governing body shall determine, based on the annual milita1y equipment report submitted pursuant to Section 7072, whether each type of militaty equipment identified in that report has complied with the standards for approval set forth in subdivision ( d). If the governing body determines that a type of militaiy equipment identified in that annual militaiy equipment report has not complied with the standards for approval set forth in subdivision (d), the governing body shall either disapprove a renewal of the authorization for that type of militaiy equipment or require modifications 92 104Exhibit 2

-7-Ch. 406
to the milita1y equipment use policy in a manner that will resolve the lack of compliance.
(f) Notwithstanding subdivisions (a) to ( e), inclusive, if a city contracts with another entity for law enforcement services, the city shall have the authority to adopt a militaiy equipment use policy based on local community needs.
7072. ( a) A law enforcement agency that receives approval for a militaiy equipment use policy pursuant to Section 7071 shall submit to the governing body an annual military equipment report for each type of militaiy equipment approved by the governing body within one year of approval, and annually thereafter for as long as the military equipment is available for use. The law enforcement agency shall also make each annual militaiy equipment report required by this section publicly available on its internet website for as long as the militaiy equipment is available for use. The annual military equipment report shall, at a minimum, include the following information for the immediately preceding calendar year for each type of military equipment:
(1) A surnmaiy of how the militaiy equipment was used and the purpose of its use.
(2) A summary of any complaints or concerns received concerning the militaiy equipment.
(3) The results of any internal audits, any information about violations of the military equipment use policy, and any actions taken in response. (4) The total annual cost for each type ofmilitaiy equipment, including acquisition, personnel, training, transportation, maintenance, storage, upgrade, and other ongoing costs, and from what source funds will be provided for the militaiy equipment in the calendar year following submission of the annual militaiy equipment report.
(5) The quantity possessed for each type ofmilitaiy equipment. (6) If the law enforcement agency intends to acquire additional military equipment in the next year, the quantity sought for each type of military equipment.
(b) Within 30 days of submitting and publicly releasing an annual milita1y equipment report pursuant to this section, the law enforcement agency shall hold at least one well-publicized and conveniently located community engagement meeting, at which the general public may discuss and ask questions regarding the annual militaiy equipment report and the law enforcement agency's funding, acquisition, or use ofmilitaiy equipment. 7073. (a) A state agency shall create a military equipment use policy prior to engaging in any of the following:
(1) Requesting milita1y equipment made available pursuant to Section 2576a of Title 10 of the United States Code.
(2) Seeking funds for militaiy equipment, including, but not limited to, applying for a grant, soliciting or accepting private, local, state, or federal funds, in-kind donations, or other donations or transfers. (3) Acquiring militaiy equipment either pe1manently or temporarily, including by bon-owing or leasing.
92 I
I
~
105Exhibit 2

Ch. 406 -8-
( 4) Collaborating with a law enforcement agency or another state agency in the deployment or other use of military equipment within the teITitorial jurisdiction of the governing body.
(5) Using any new or existing military equipment for a purpose, in a manner, or by a person not previously approved by the governing body pursuant to this chapter.
( 6) Soliciting or responding to a proposal for, or entering into an agreement with, any other person or entity to seek funds for, or to apply to receive, acquire, use, or collaborate in the use of, military equipment. (7) Acquiring militaiy equipment through any means not provided by this subdivision.
(b) No later than May 1, 2022, a state agency seeking to continue the use of any military equipment that was acquired prior to January 1, 2022, shall create a militaiy equipment use policy.
(c) A state agency that is required to create a military equipment use policy pursuant to this section shall do both of the following within 180 days of completing the policy:
(1) Publish the militaiy equipment use policy on the agency's internet website.
(2) Provide a copy of the milita1y equipment use policy to the Governor or the Governor's designee.
7074. The Legislature finds and declares that ensuring adequate oversight of the acquisition and use of military equipment is a matter of statewide concern rather than a municipal affair as that term is used in Section 5 of Article XI of the California Constitution . Therefore, this chapter applies to all cities, including charter cities and shall supersede any inconsistent provisions in the charter of any city, county, or city and county. 7075. Nothing in this chapter shall preclude a county or local municipality from implementing additional requirements and standards related to the purchase, use, and reporting of militaiy equipment by local law enforcement agencies.

SEC. 3. The Legislature finds and declares that Section 1 of this act, which adds Chapter 12.8 ( commencing with Section 7070) to Division 7 of Title 1 of the Government Code, furthers, within the meaning of paragraph (7) of subdivision (b) of Section 3 of Article I of the California Constitution, the purposes of that constitutional section as it relates to the right of public access to the meetings of local public bodies or the writings of local public officials and local agencies. Pursuant to paragraph (7) of subdivision (b) of Section 3 of Article I of the California Constitution, the Legislature makes the following findings:

Requiring local agencies to hold public meetings prior to the acquisition of militaiy equipment fu1ther exposes that activity to public scrntiny and enhances public access to information concerning the conduct of the people's business .

SEC. 4 . No reimbursement is required by this act pursuant to Section 6 of Article XIII B of the California Constitution because the only costs that may be incmred by a local agency or school district under this act would 92 106Exhibit 2

-9-Ch. 406
result from a legislative mandate that is within the scope of paragraph (7) of subdivision (b) of Section 3 of Article I of the California Constitution. 0 92
107Exhibit 2

CIT Y OF BE LL GARDENS

O F F I C E O F T HE C I T Y M ANAG E R

AG E ND A RE P O RT
I tem 6.

T O:Honorable Mayor and C ity C ouncil Members
F RO M : Michael B. O'Kelly, City Manager
B Y:Bernardo I niguez, D irector of P ublic Works/F acilities S UB J E C T:C O NS I D E RAT IO N O F A RE S O L UT I O N AP P RO V I NG AM E ND M E NT NO. 1 T O T HE

M E AS URE R F UND ING AG RE E M E NT F O R T HE E AS T E RN AV E NUE AND G ARF I E L D AV E NUE I NT E RS E C T IO N I M P RO V E M E NT P RO J E C T (C I P # 3881) D AT E:August 14, 2023
RE C O M M E ND AT IO N:

I t is staff's recommendation that the City C ouncil adopt the attached Resolution approving A mendment No. 1 to the Measure R F unding Agreement between City of Bell Gardens and the L os A ngeles C ounty Metropolitan Transportation A uthority for the Garf ield Avenue and Eastern Avenue I ntersection I mprovement Project.

B AC K G RO UND/D IS C US S I O N:

T he L os A ngeles County Metropolitan Transportation A uthority ("Metro") is the lead agency f or the I -710 C orridor Project. T he purpose of the I -710 Corridor P roject is to improve the I -710 freeway's traffic flow and improve air quality and public health. Metro recognized the need for immediate investment in the corridor by prioritizing local interchange and arterial road upgrades that operate in the I -710 corridor area, until f unds f or larger corridor improvements become available. T hese priority projects known as "E arly A ction" projects are consistent with the I - 710 S outh Corridor project alternatives and can be advanced f or earlier delivery. E arly A ction projects must be approved by the I -710 Technical Advisory Committee ("TA C ") in order to receive funding f rom the Metro Board.

On A ugust 15, 2018, C ity staf f presented the E astern Avenue and Garfield Avenue I ntersection I mprovement Project ("P roject") as a priority project for E arly Action funding. T he P roject is located within a half mile from the I - 710 freeway and meets all of the funding criteria. I t will improve traf f ic safety, improve signal operations, reduce congestion, and serve as a parallel alternative route to the I -710 f reeway. T he scope of the project will include the re-alignment of the existing “Y” intersection into a “T ” intersection at E astern Avenue and Garf ield Avenue, including the relocation of the existing C ity entry monument sign.

T he TA C recommended approval of the P roject to Metro and the Metro Board approved the P roject funding at its meeting in F ebruary 2019. A F unding A greement was entered into and was ef f ective in March 2019. Amendment No. 1 to the F unding A greement will revise the schedule and extend the f unds for Fiscal Year 2018-2019 through J une 30, 2025.

108

C O NC L US I O N:

T he planned realignment of the Garf ield Avenue and E astern Avenue intersection f rom a "Y" configuration to a "T " conf iguration will improve traf f ic safety, improve signal operations, reduce congestion, and serve as a parallel alternative route to the I -710 f reeway.

F I S C AL I M PAC T:

T here is no fiscal impact in executing Amendment No. 1 to the Funding A greement. T he P roject is estimated to cost $4,635,000 and is being f ully funded by Measure R f unds through Metro's I -710 E arly A ction F unding Program.

AT TAC HM E NT S :

D escription
Exhibit 1 - Resolution No. 2023-61
Exhibit 2 - Amendment No. 1
Exhibit 3 - F unding Agreement
AP P RO V E D E L E C T RO NI C AL LY B Y:

Michael B . O'K elly, C ity Manager
S tephanie Vasquez, City Attorney and/or Susie A ltamirano, Assistant City Attorney Manuel Carrillo, Director of F inance and Administrative Services 109

RESOLUTION NO. 2023-61

A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF BELL
GARDENS, CALIFORNIA, APPROVING AMENDMENT NO. 1 TO THE

MEASURE R FUNDING AGREMEEMENT BETWEEN THE CITY OF

BELL GARDENS AND THE LOS ANGELES COUNTY METROPOLITAN

TRANSPORTATION AUTHORITY FOR THE GARFIELD AVENUE AND

EASTERN AVENUE INTERSECTION IMPROVEMENT PROJECT

WHEREAS, the Los Angeles County Metropolitan Transportation Authority (“Metro”) is the lead agency for I-710 corridor projects; and

WHEREAS, these projects are known as “Early Action” projects and require the approval of the I-710 Technical Advisory Committee (“TAC”) for funding to Metro; and

WHEREAS, on August 15, 2018, the City of Bell Gardens presented the Eastern Avenue and Garfield Avenue Intersection Improvement Project as a priority project for Early Action funding; and

WHEREAS, the TAC recommended approval of the project to Metro in February 2019 and Metro issued Measure R Funding Agreement #920000000MR306.52 (“Funding Agreement”); and

WHEREAS, the Funding Agreement was entered into on March 4, 2019; and

WHEREAS, the City of Bell Gardens and Metro desire to extend the lapsing date of the project funds programmed for Fiscal Year 2018-2019 through June 30, 2025.

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 herein.

SECTION 2. The City Council approves Amendment No. 1 to Funding Agreement #920000000MR306.52 and authorizes and directs the City Manager to execute Amendment No. 1 to the Funding Agreement in substantially the same form as attached to the Agenda Report accompanying this Resolution.

SECTION 3. The City Council further authorizes the City Manager to execute any ancillary documents related to Amendment No. 1, the Funding Agreement, any subsequent amendments, extensions, or any other documents consistent with Amendment No. 1 and 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 110Exhibit 1

Resolution No. 2023-61
2 of 3

effective immediately upon its approval.

PASSED, APPROVED and ADOPTED this 14th day of August, 2023.

THE CITY OF BELL GARDENS

___________________________
Francis De Leon Sanchez, Mayor

APPROVED AS TO FORM: ATTEST:

________________________________ ___________________________ Stephanie Vasquez Daisy Gomez
City Attorney City Clerk

111Exhibit 1

Resolution No. 2023-61
3 of 3

I, ____________________, City Clerk of the City of Bell Gardens, hereby CERTIFY that City Council Resolution No. ___________was adopted by the Bell Gardens City Council at a regular meeting of the City Council held on ___________________, and was approved and passed by the following vote:

AYES:

NOES:

ABSTAIN:

ABSENT:

112Exhibit 1

FTIP #: LA0G1613
Subregion ID: Gateway Cities

Project#: MR306.52
Amendment No. 1
FA# 920000000MR306.52

Rev: 03.08.2023 1 Measure R Funding Agreement Amendment Highways – General

AMENDMENT No.1 TO MEASURE R FUNDING AGREEMENT

BETWEEN CITY OF BELL GARDENS AND THE LOS ANGELES COUNTY

METROPOLITAN TRANSPORTATION AUTHORITY

This Amendment No. 1 to the Funding Agreement (this “Amendment”), is dated as of April 27, 2023 by and between the City of Bell Gardens ("Grantee") and the Los Angeles County Metropolitan Transportation Authority ("LACMTA").

RECITALS:

A. Grantee and LACMTA entered into that certain Funding Agreement No. MR306.52 or 920000000MR306.52, dated March 4, 2019, (the "Existing FA"), which Existing FA provides for the Garfield Avenue & Eastern Avenue Intersection Improvements Project (the “Project”); and

B. Whereas, the LACMTA Board on January 26, 2023, delegated administrative authority to staff to extend funding lapsing dates for Measure R funding agreements to meet PAED, PS&E, ROW, and Construction time frames; and

C. WHEREAS, the Grantee and LACMTA desire to extend the lapsing date of the Project funds programmed for Fiscal Year FY 2018-19 to June 30, 2025; and

D. Grantee and LACMTA desire to amend the Existing FA as provided herein.

113Exhibit 2

FTIP #: LA0G1613
Subregion ID: Gateway Cities

Project#: MR306.52
Amendment No. 1
FA# 920000000MR306.52

Rev: 03.08.2023 2 Measure R Funding Agreement Amendment Highways – General

AGREEMENT:

NOW, THEREFORE, for good and valuable consideration, the receipt and adequacy of which are hereby acknowledged, the parties hereby agree as follows:

1. Part II, Section 9.1 (vii) of the Existing FA is hereby amended by deleting it in its entirety and replacing it with the following: “(vii) Expending the Funds granted under this FA for allowable costs by the lapsing date. All Funds programmed for FY2018-19 are subject to lapse by June 30, 2025.”

2. Attachment B-1 of the Existing FA is hereby replaced by Attachment B-1-1, attached.

3. Attachment C – Scope of Work, attached to the Existing FA is hereby amended by deleting the Project Schedule and replacing it with the following Revised Project Schedule.

FA Milestones
Original FA Schedule in
Scope of Work Revised Schedule
Start Date End Date Start Date End Date
PA/ED April 2019 June 2019 April 2019 December 2022
PS&E April 2019 June 2020 April 2019 January 2023
ROW Support April 2019 July 2019 February 2020 September 2023 ROW Acquisition April 2019 May 2020 April 2019 September 2023 Construction Bid & Award July 2020 November 2020 October 2023 January 2024 Construction January 2021 June 2021 February 2024 September 2024 Total Project Duration
(Months) 26 months 65 months

4. Except as expressly amended hereby, the Existing FA remains in full force and effect as originally executed. All rights and obligations of the parties under the Existing FA that are not expressly amended by this Amendment shall remain unchanged. 114Exhibit 2

FTIP#: LA0G1613
Subregion ID: Gateway Cities

Project#: MR306.52
Amendment # 1
FA# 920000000MR306.52

Rev: 08.22.2022 3 Measure R Funding Agreement Amendment Highways – General

IN WITNESS WHEREOF, the parties have caused this Amendment No. 1 to the FA to be executed by their duly authorized representatives as of the dates indicated below:

LACMTA:

LOS ANGELES COUNTY METROPOLITAN TRANSPORTATION AUTHORITY

By: ________________________________________ Date: ____________________ Stephanie N. Wiggins
Chief Executive Officer

APPROVED AS TO FORM:

DAWYN R. HARRISON
County Counsel

By: ________________________________________ Date: ____________________ Deputy

GRANTEE:

City of Bell Gardens

By: _______________________________________ Date: ____________________ Michael B. O’Kelly
City Manager

APPROVED AS TO FORM:

By: _______________________________________ Date: ____________________ Araceli Almazan
City Attorney

115Exhibit 2

SOURCES OF FUNDS Previous
Expenditures
FY 2018-19
Qtr 2
FY 2018-19
Qtr 3
FY 2018-19
Qtr 4
FY 2019-20
Qtr 1
FY 2019-20
Qtr 2
FY 2019-20
Qtr 3
FY 2019-20
Qtr 4
TOTAL
BUDGET
LACMTA PROGRAMMED FUNDS:

MEASURE R FUNDS:

PAED $9,608 $21,585 $31,193
PS&E $92,690 $88,660 $72,540 $48,360 $302,250
RW Support $20,000 $30,000 $50,000
Const. Support $0
RW $0
Construction $0
Total MEASURE R $0 $0 $0 $0 $92,690 $88,660 $102,148 $99,945 $383,443 PROP C 25%
PAED $0
PS&E $0
RW Support $0
Const. Support $0
RW $0
Construction $0
Total PROP C 25%$0 $0 $0 $0 $0 $0 $0 $0 $0
SUM PROG LACMTA FUNDS:$0 $0 $0 $0 $92,690 $88,660 $102,148 $99,945 $383,443

PROJECT FUNDING
FY18-19 and FY19-20 $0 $0 $0 $0 $92,690 $88,660 $102,148 $99,945 $383,443 SOURCES OF FUNDS FY 2020-21
Qtr 1
FY 2020-21
Qtr 2
FY 2020-21
Qtr 3
FY 2020-21
Qtr 4
FY 2021-22
Qtr 1
FY 2021-22
Qtr 2
FY 2021-22
Qtr 3
FY 2021-22
Qtr 4
TOTAL
BUDGET
LACMTA PROGRAMMED FUNDS:

MEASURE R FUNDS:

PAED $7,513 $324 $7,837
PS&E $40,300 $8,060 $2,015 $4,030 $7,257 $12,260 $22,475 $96,396 RW Support $40,000 $24,000 $14,000 $22,000 $4,760 $15,240 $5,803 $125,803 Const. Support $0
RW $0
Construction $0
Total MEASURE R $87,813 $32,384 $16,015 $26,030 $0 $12,017 $27,500 $28,277 $230,035 PROP C 25%
PAED $0
PS&E $0
RW Support $0
Const. Support $0
RW $0
Construction $0
Total PROP C 25%$0 $0 $0 $0 $0 $0 $0 $0 $0
SUM PROG LACMTA FUNDS:$87,813 $32,384 $16,015 $26,030 $0 $12,017 $27,500 $28,277 $230,035

PROJECT FUNDING
FY20-21 and FY21-22 $87,813 $32,384 $16,015 $26,030 $0 $12,017 $27,500 $28,277 $230,035 SOURCES OF FUNDS FY 2022-23
Qtr 1
FY 2022-23
Qtr 2
FY 2022-23
Qtr 3
FY 2022-23
Qtr 4
FY 2023-24
Qtr 1
FY 2023-24
Qtr 2
FY 2023-24
Qtr 3
FY 2023-24
Qtr 4
TOTAL
BUDGET
LACMTA PROGRAMMED FUNDS:

MEASURE R FUNDS:

PAED $170 $800 $970
PS&E $324 $4,030 $4,354
RW Support $4,197 $1,000 $6,334 $6,333 $6,333 $24,197
Const. Support $79,250 $118,875 $198,125
RW $400,000 $400,000 $800,000
Construction $718,750 $1,078,125 $1,796,875
Total MEASURE R $4,692 $1,800 $10,364 $406,333 $406,333 $0 $798,000 $1,197,000 $2,824,522 PROP C 25%
PAED $0
PS&E $0
RW Support $0
Const. Support $0
RW $0
Construction $0
Total PROP C 25%$0 $0 $0 $0 $0 $0 $0 $0 $0
SUM PROG LACMTA FUNDS:$4,692 $1,800 $10,364 $406,333 $406,333 $0 $798,000 $1,197,000 $2,824,522

PROJECT FUNDING
FY22-23 and FY23-24 $4,692 $1,800 $10,364 $406,333 $406,333 $0 $798,000 $1,197,000 $2,824,522 SOURCES OF FUNDS FY 2024-25
Qtr 1
FY 2024-25
Qtr 2
FY 2024-25
Qtr 3
FY 2024-25
Qtr 4
FY 2025-26
Qtr 1
FY 2025-26
Qtr 2
FY 2025-26
Qtr 3
FY 2025-26
Qtr 4
TOTAL
BUDGET
LACMTA PROGRAMMED FUNDS:

MEASURE R FUNDS:

PAED $0
PS&E $0
RW Support $0
Const. Support $118,875 $118,875
RW $0
Construction $1,078,125 $1,078,125
Total MEASURE R $1,197,000 $0 $0 $0 $0 $0 $0 $0 $1,197,000 PROP C 25%
PAED $0
PS&E $0
RW Support $0
Const. Support $0
RW $0
Construction $0
Total PROP C 25%$0 $0 $0 $0 $0 $0 $0 $0 $0
SUM PROG LACMTA FUNDS:$1,197,000 $0 $0 $0 $0 $0 $0 $0 $1,197,000

PROJECT FUNDING
FY24-25 and FY25-26 $1,197,000 $0 $0 $0 $0 $0 $0 $0 $1,197,000

SUMMARY OF ALL FUNDS
PAED $7,683 $1,124 $0 $0 $0 $0 $9,608 $21,585 $40,000
PS&E $40,624 $8,060 $6,045 $4,030 $92,690 $95,917 $84,800 $70,835 $403,000 RW Support $44,197 $25,000 $20,334 $28,333 $6,333 $4,760 $35,240 $35,803 $200,000 Const. Support $118,875 $0 $0 $0 $0 $0 $79,250 $118,875 $317,000 RW $0 $0 $0 $400,000 $400,000 $0 $0 $0 $800,000
Construction $1,078,125 $0 $0 $0 $0 $0 $718,750 $1,078,125 $2,875,000 TOTAL MILESTONES $1,289,504 $34,184 $26,379 $432,363 $499,023 $100,677 $927,648 $1,325,223 $4,635,000 SUM PROG LACMTA FUNDS $1,289,504 $34,184 $26,379 $432,363 $499,023 $100,677 $927,648 $1,325,223 $4,635,000 SUM NON-LACMTA FUNDS $0 $0 $0 $0 $0 $0 $0 $0 $0
TOTAL PROJECT FUNDING $1,289,504 $34,184 $26,379 $432,363 $499,023 $100,677 $927,648 $1,325,223 $4,635,000 ATTACHMENT B-1-1 - EXPENDITURE PLAN COST & CASH FLOW BUDGET Measure R Program - Funding Agreement Projects - FA# 9200000000MR306.52 Project Title: Garfield Avenue & Eastern Avenue Intersection Improvements Project#: MR306.52

PROGRAMMED SOURCES OF FUNDS
116Exhibit 2

117Exhibit 3

118Exhibit 3

119Exhibit 3

120Exhibit 3

121Exhibit 3

122Exhibit 3

123Exhibit 3

124Exhibit 3

125Exhibit 3

126Exhibit 3

127Exhibit 3

128Exhibit 3

129Exhibit 3

130Exhibit 3

131Exhibit 3

132Exhibit 3

133Exhibit 3

134Exhibit 3

135Exhibit 3

136Exhibit 3

137Exhibit 3

138Exhibit 3

139Exhibit 3

140Exhibit 3

141Exhibit 3

142Exhibit 3

143Exhibit 3

144Exhibit 3

145Exhibit 3

146Exhibit 3

147Exhibit 3

148Exhibit 3

149Exhibit 3

150Exhibit 3

151Exhibit 3

152Exhibit 3

153Exhibit 3

154Exhibit 3

CIT Y OF BE LL GARDENS

O F F I C E O F T HE C I T Y M ANAG E R

AG E ND A RE P O RT
I tem 7.

T O:Honorable Mayor and C ity C ouncil Members
F RO M : Michael B. O'Kelly, City Manager
B Y:Bernardo I niguez, D irector of P ublic Works/F acilities S UB J E C T:RE J E C T I O N O F B I D S RE C E IV E D F O R T HE F Y 2021-2022 VARI O US AL L E Y IM P RO V E M E NT S P RO J E C T - C .I.P. NO. 3917
D AT E:August 14, 2023
RE C O M M E ND AT IO N:

I t is staff’s recommendation that the City C ouncil approve the rejection of the bids received on A pril 27, 2023, f or the F Y 2021-2022 Various Alley I mprovements P roject.

B AC K G RO UND/D IS C US S I O N:

On F ebruary 13, 2023, the C ity Council approved the plans and specifications and authorized staf f to solicit bids f or the F Y 2021-2022 Various Alley I mprovements Project (the “P roject”). T he Project scope of work consisted of reconstructing various alleys with the removal of the existing asphalt pavement and concrete ribbon gutter; repair and re compaction of the subgrade as required; construction of new concrete ribbon gutter; adjustment of meter boxes and vaults to grade; and construction of new asphalt pavement.

On March 2, 2023, the City received five bids. All bids were rejected on A pril 10, 2023, due to bid irregularities and the City Council authorized staf f to re-advertise the Notice of I nviting Bids, which was released on A pril 13, 3023.

On April 27, 2023, the City received the following two bids:

Bidder No. B idder Name Bid Amount
1 Hardy & Harper $615,000
2 Onyx Paving Company, I nc. $669,990

T he Project’s budgeted funds were $613,500. B ased on the apparent low bid above, the total required funds f or the Project would be $828,000, including contingency, project management, construction management, and inspection services.

Staf f has determined that it needs to revise the bid solicitation materials in order to obtain a bid that is more appropriate f or the C ity's needs; therefore, a rejection of bids is recommended.

All bidders that previously submitted bids will be invited to re-submit bids.

C O NC L US I O N:

Upon City Council approval of the recommended action, staff will immediately notif y all bidders of the rejection of bids received on April 27, 2023.
155

F I S C AL I M PAC T:

None.

AP P RO V E D E L E C T RO NI C AL LY B Y:

Michael B . O'K elly, C ity Manager
S tephanie Vasquez, City Attorney and/or Susie A ltamirano, Assistant City Attorney Manuel Carrillo, Director of F inance and Administrative Services 156

CIT Y OF BE LL GARDENS

O F F I C E O F T HE C I T Y M ANAG E R

AG E ND A RE P O RT
I tem 8.

T O:Honorable Mayor and C ity C ouncil Members
F RO M : Michael B. O'Kelly, City Manager
B Y:Bernardo I niguez, D irector of P ublic Works/F acilities D ouglas Benash, P.E ., C ity Engineer
S UB J E C T:AP P RO VAL O F P L ANS AND S P E C I F IC AT I O NS AND AUT HO RIZAT IO N T O S O L IC I T B I D S F O R T HE VARIO US AL L E Y IM P RO V E M E NT S P RO J E C T (C.I.P. NO. 3930) D AT E:August 14, 2023
RE C O M M E ND AT IO N:

I t is staf f ’s recommendation that the City Council:

1. Approve the plans and specif ications for the Various Alley I mprovements P roject;

2. Authorize staff to solicit competitive bids and publish the Notice I nviting S ealed B ids (NI B);

3. C onfirm that the project is categorically exempt from the C alif ornia Environmental Quality Act (C E Q A) pursuant to Guideline S ection 1530 (c).

B AC K G RO UND/D IS C US S I O N:

Engineering staf f has completed the design and construction documents for the Various Alley I mprovements P roject (the “P roject”). T he P roject scope of work consists of reconstructing various alleys with the removal of the existing asphalt pavement and concrete ribbon gutter; repairing and re-compacting of the subgrade as required; construction of new concrete ribbon gutter; adjustment of meter boxes and vaults to grade; and construction of new asphalt pavement. T he construction documents, which include plans, specif ications, and engineer estimate (P S&E ) have been completed in accordance with the City’s internal procurement policies and the P ublic P rocurement and C ontracting C ode. T he total contract period for this project is forty (40) working days.

T he f ive alley segments that are within the scope of the project are listed below. Note that the two additional alley segments listed as bid additives will be considered to be added to the P roject, depending on bids received and funding available.

S egment
No.

S treet F rom To
1 N/O F lorence Avenue Emil Avenue Going West to End
2 N/O F lorence Avenue Emil Avenue Going E ast to End
3 W /O Garf ield Avenue Muller Street Quinn S treet
4 W /O Garf ield Avenue Quinn S treet Going North to E nd 5 E /O E astern Avenue J aboneria Road Quinn S treet
6 Additive
N/O F lorence Place Granger Avenue Going West to A lley 157

B id item
7 Additive
B id item
N/O F lorence Place Toler Avenue Garfield Avenue

Upon authorization by the C ity Council, staf f will proceed with the bid phase of the Project. Publishing the NI B ensures that the C ity follows the competitive bidding process, which involves advertisement and solicitation of sealed bids, publicly opening of bids, and awarding the contract to the lowest responsive and responsible bidder at a future C ity C ouncil meeting. Staf f will publish the NI B in a local newspaper of general circulation and other electronic media, and post the plans and specifications on the C ity’s website. T he published NI B will state the time and place for the receiving and opening of sealed bids and will distinctly describe the P roject. T he NI B will be published f or a minimum period of 14 calendar days before the date of opening the bids in a newspaper of general circulation per Public C ontract Code § 22037.

Bid schedule:

B id P eriod A ugust 16 to A ugust 30, 2023
B idder I nformation Sheets D ue A ugust 23, 2023 at 5:00 P M Requests f or I nformation D ue A ugust 23, 2023 at 5:00 P M B id Opening A ugust 30, 2023 Wednesday at 11:00 A M
A nticipated Award of C ontract S eptember 11, 2023

L E G A L A ND P R O G R A M R E Q UI R E ME NT S :

Government C ode S ection 830.6 provides, “Neither a public entity nor a public employee is liable for an injury caused by the plans or design of a construction of , or an improvement to, public property where such plan or design has been approved in advance of construction or improvement by the legislative body … or employee exercising discretionary authority to give such approval or where such plan or design is prepared in conformity with standards previously approved.”
I n order to bid the project and provide C alif ornia design immunity, per Government C ode (G C C ) § 830.6, the City C ouncil must approve the plans and specif ications prior to the construction bidding process. T he intent of G C C § 830.6 is to prevent a judge or jury from second guessing discretionary approvals made by the public agency and its employees regarding a plan or design for a construction project. Staf f ’s recommendation is for the approval of the plans and specifications to proceed with f ormal bidding of the P roject.

E NV I R O NME NTA L A NA LYS I S :

Pursuant to C E Q A Guidelines § 6004 (23 U.S.C. 326) and § 15301(c) (C lass 1, E xisting F acilities) the proposed project has been reviewed to determine whether it is exempt from NE PA and C E Q A . The proposed project will not involve or affect any sensitive environments or habitats, scenic resources, historical buildings, historic resources or any hazardous waste sites. T heref ore, under C E Q A Guidelines § 6004(d1) and § 15301(c) (C lass 1, E xisting F acilities), it has been determined that the Project is exempt f rom NE PA and C E Q A pursuant to categorical exemptions. A Notice of E xemption has been prepared and will be f iled with the C ounty Clerk’s Of f ice.

C O NC L US I O N:

Upon authorization by the City Council, staff will proceed with the bid phase of the project. 158

F I S C AL I M PAC T:

T he City’s F Y 23/24 C I P budget includes a total of $891,874 of Measure M and R f unds for the Project. Due to the limited funding available, staff has selected five alley segments to be included in the base bid and listed two alley segments as bid additives.

T he estimated project expenditures are as f ollows:

Design (9%) Based on Construction E stimate of
f or seven (7) alley segments
$58,500
Geotechnical Work N/A
S urvey Work $10,350
P roject Management (4%)$26,000
Construction Management & I nspection (7%)$45,500
F unding Administration (2%)$13,000
E stimated C onstruction C ost (for 7 alley segments)$650,000 L abor C ompliance (actual cost)N/A
Contingency (10%)$65,000
P ublication & Misc. Costs $2,000
E S T I M AT E D P RO J E C T C O S T $870,350

AT TAC HM E NT S :

D escription
Exhibit 1 - Notice I nviting Sealed Bids
Exhibit 2 - Map
AP P RO V E D E L E C T RO NI C AL LY B Y:

Michael B . O'K elly, C ity Manager
S tephanie Vasquez, City Attorney and/or Susie A ltamirano, Assistant City Attorney Manuel Carrillo, Director of F inance and Administrative Services 159

A-1

NOTICE INVITING SEALED BID
FOR

VARIOUS ALLEYS IMPROVEMENTS
C.I.P. NO. 3930

IN THE CITY OF BELL GARDENS
PUBLIC NOTICE IS HEREBY GIVEN that the City of Bell Gardens as AGENCY, invites sealed bids for the above-stated project and will receive such bids in the offices of the City Clerk, City Hall, 7100 South Garfield Avenue, Bell Gardens, California 90201, up to the hour of 11:00 AM on August 30, 2023, at which time they will be publicly opened.

Copies of the Plans, Specifications, and contract documents are available on the City’s website at https://www.bellgardens.org/i-want-to/view-bids-rfps/rfps-and-bids . To be on the Plan Holders List for this project, each bidder must submit a Bidder’s Information Sheet which is also available on the City’s website, to [email protected]. Bids will not be accepted unless the bidder is on the Plan Holder List. All Bidder Information Sheets are required to be submitted no later than 5:00 PM on August 23, 2023. Bids will not be accepted unless the Bidder Information Sheet is submitted and logged onto the plan holders list. Failure to submit the Bidder In formation Sheet by the deadline noted above will result in declaring any submitted bids as non-responsive.

To comply with SB 854, beginning January 1, 2015 the following applies:

1. No contractor or subcontractor may be listed on a bid proposal for public works project (submitted on or after March 1, 2015) unless registered with the Department of Industrial Relations (DIR) pursuant to Labor Code section 1725.5 [with limited exceptions from this requirement for bid purposes only under Labor Code section 1771.1(a)].

2. No contractor or subcontractor may be awarded a contract for public works on a public works project awarded on or after April 1, 2015, unless registered with the DIR.

3. The project is subject to compliance monitoring and enforcement by the DIR.

4. Require the prime contractor to post job site notices prescribed by regulation (regulation not created yet) or the City must post the notices itself.

The Contractor shall fill in the Department of Industrial Relations (DIR) Contractor Registration Number Form provided in Appendix “B” and submit it with the sealed Bid.
160Exhibit 1

A-2
Any contract entered into pursuant to this notice will incorporate the provisions of the State Labor Code. Pursuant to the provisions of Section 1773.2 of the Labor Code of the State of California, the minimum prevailing rate of per hourly wages for each craft, classification or type of workman needed to execute the contract shall be those determined by the Director of Industrial Relations of the State of California, which are on file at the City Hall, City of Bell Gardens, 7100 South Garfield Avenue, Bell Gardens, California 90201, and are available to any interested party on request.

Attention is directed to the provisions of Section 1777.5 (Chapter 1141, Statutes of 1968) and 1777.5 of the Labor Code concerning the employment of apprentices by the Contractor or any such subcontractor under him. Affirmative action to ensure against discrimination in employment practices on the basis of race, color, national origin, age, marital status, ancestry, sex, religion, or handicap will also be required.

The AGENCY will deduct 5 percent retention from all progress payments as specified in Section 9-3.2 of these specifications. The Contractor may substitute an escrow holder surety of equal value to the retention. The Contractor shall be beneficial owner of the surety and shall receive any interest thereon. Contractor shall provide AGENCY with weekly payroll reports.

The AGENCY hereby affirmatively ensures that minority business enterprises will be afforded full opportunity to submit bids in response to this notice and will not be discriminated against on the basis of race, color, national origin, age, marital status, ancestry, sex, religion, sexual orientation or handicap in any consideration leading to the award of contract.

In entering into a public works contract, or a subcontract, to supply goods, services, or material pursuant to a public works contract, the Contractor, or subcontractor, offers and agrees to assign to the awarding body all rights, title and interest in, and to, all causes of action it may have under Section 4 of the Clayton Act (15 U.S.C. Section 15) or under the Cartwright Act (Chapter 2 [commencing with Section 16700] of part 2 of Division 7 of the Business and Professions Code), arising from purchases of goods, services, or materials pursuant to the public works contract or the subcontract. This assignment shall be made and become effective at the time the awarding body tenders final payment to the Contractor, without further acknowledgment by the parties.

Bids must be prepared on the approved Proposal forms or copies thereof in conformance with the Instructions to Bidders and submitted in a sealed envelope plainly marked on the outside as follows:

VARIOUS ALLEYS IMPROVEMENTS
C.I.P. NO. 3930
The bid must be accompanied by cash, a certified or cashier’s check, or bidder’s bond, 161Exhibit 1

A-3
issued by an “admitted surety insurer” made payable to the AGENCY for an amount no less than 10 percent of the total base bid amount.

All bidders shall be licensed in accordance with the provisions of the Business and Professions Code and shall possess a State Contractor’s License, Class A, at the time of bid submittal. The successful Contractor and each of his subcontractors will be required to possess a Business License from the City.

The liquidated damages for this project is five hundred dollars ($500.00) per calendar day the project is not completed within the contract time.

The AGENCY reserves the right to reject any or all bids, to waive any irregularity and to take all bids under advertisement for a period of sixty (60) days.

The Contractor shall complete all work in every detail within forty (40) working days (for Base Bid) comprised of five (5) working days for mobilization and thirty-five (35) working days for construction, after the effective date in the Notice-to-Proceed with the Work to be issued by the CITY. If the Base Bid and Additive Bid are awarded, the city allows seven (7) additional working days for each Additive Bid.

BY ORDER OF the City of Bell Gardens, California.

Dated: August 16, 2023
162Exhibit 1

VARIOUS ALLEYS IMPROVEMENTS
C.I.P. NO. 3930

IN THE CITY OF BELL GARDENS

BID SCHEDULE
Bid Period August 16, 2023 – August 30, 2023
Bidder Information Sheet Deadline August 23, 2023 at 5:00 PM Request for Information Deadline August 23, 2023 at 5:00 PM Bid Opening August 30, 2023 at 11:00 AM
Award of Contract September 11, 2023, City Council meeting Pre-Construction Meeting September 21, 2023
Construction Begins October 21, 2023
Bids will be received at the office of the City Clerk, City Hall, 7100 Garfield Avenue, Bell Gardens, CA 90201, 11:00 AM on Wednesday, August 30, 2023.

These Specifications have been prepared
under the direction of:
__________________________________
Amir Farahani, P.E.

Civil No. 54235
163Exhibit 1

LOCATION MAPLEGEND:
164Exhibit 2

CIT Y OF BE LL GARDENS

O F F I C E O F T HE C I T Y M ANAG E R

AG E ND A RE P O RT
I tem 9.

AUT O F L E E T G RO UP F O R T HE P URC HAS E O F T WO P UB L I C WO RK S V E HI C L E S D AT E:August 14, 2023
RE C O M M E ND AT IO N:

I t is staf f ’s recommendation that the City Council:

1. Adopt the attached resolution approving an E quipment P rocurement A greement with National A uto F leet Group for the purchase of two Public Works vehicles for a total of $110,754.48 under S ourcewell C ontract No. 091521-NA F ; and

2. A ppropriate an additional $11,000 in Gas Tax funds in budget account no. 4550 3140.

B AC K G RO UND/D IS C US S I O N:

Under S ection 3.04.100(E ) of the Bell Gardens Municipal Code, the C ity's purchasing policy allows f or an exception to the purchasing policy when the supplier offers the same or better price, terms and conditions as a supplier of f ered as the lowest responsible bidder under a competitive procurement conducted by another city or public agency.

Sourcewell, previously known as the National J oint Powers Alliance, is a State of Minnesota local government agency and service cooperative created under the laws of the S tate of Minnesota (Minnesota S tatutes S ection 123 A .21) that offers cooperative procurement solutions to its members. P articipation is open to all levels of governmental entity, higher education, K -12 education, nonprof it, tribal government, and other public entities located in the United States and C anada. B ell Gardens is a member of S ourcewell and membership entitles the City to access competitively bid national contracts resulting in lower priced vehicles due to economies of scale. T he City as a public agency is able to procure the vehicles through a cooperative agreement f rom S ourcewell.

On J uly 28, 2021, S ourcewell released a Request for Proposals for A utomobiles, S UV s, Vans, and L ight Trucks with R elated Equipment and A ccessories. O n September 14, 2021, National Auto F leet Group submitted a proposal and on November 4, 2021, National Auto F leet Group was awarded Sourcewell Contract No. 091521-NA F.

T he P ublic Works Department is requesting the replacement of the vehicles below:

E xisting Vehicle R eplacement Vehicle R eplacement Cost 2002 C hevy S ilverado
2500 HD 2W D R eg C ab
2024 Chevrolet
Silverado 2500 HD
2 W D Reg Cab
$55,377.24
(includes accessories)
1998 G MC Sierra 2500HD 2024 Chevrolet $55,377.24
165

2W D R eg C ab Silverado 2500 HD
2 W D Reg Cab
(includes accessories)

Vehicle D escription and C ondition
Vehicle No. L 181 (2002 C HE V Y S ilverado) has 215,767 miles. I t is a truck that is assigned to the Utility/C ontracts D ivision f or litter abatement. I t is 21 years old and in deteriorating condition. T he truck is used for right-of-way maintenance and abatement cleanups. I t is used daily to transport equipment, materials, and employees to job sites.

T he truck has exhibited electrical, mechanical, and powertrain issues and it is constantly in need of repairs. I t would not be cost effective to keep the vehicle in service due to its ongoing maintenance issues.

Vehicle No. S M179 (1998 G MC S ierra) has 112,788 miles. I t is a truck that is assigned to the S treet Maintenance D ivision for street maintenance. I t is 25 years old and in deteriorating condition. T he truck is used for right of way maintenance, street, sidewalk repairs, and citywide inspections. This vehicle is used daily to transport equipment, materials, and employees to job sites. T he truck has exhibited electrical, mechanical, and powertrain issues and it is constantly in need of repairs. T he vehicle has no supplemental restraint system (S R S ) air bags and has reached the end of its useful life. Staf f has determined that it would not be practical or cost effective to keep it in service due to its issues with saf ety and reliability.

C O NC L US I O N:

I f approved, the estimated delivery for the vehicles is approximately 10 months based on the vehicle manufacturing industry.

F I S C AL I M PAC T:

T he C ity’s F Y 2023-2024 P ublic Works budget includes suf f icient general f unds for the purchase of the vehicle f or the Utility/Contracts Division. An additional appropriation of $11,000 in Gas Tax funds is necessary for the purchase of the vehicle f or the Streets Maintenance Division.

AT TAC HM E NT S :

D escription
Exhibit 1 - Resolution No. 2023-62
Exhibit 2 - Agreement with E xhibits
AP P RO V E D E L E C T RO NI C AL LY B Y:

Michael B . O'K elly, C ity Manager
S tephanie Vasquez, City Attorney and/or Susie A ltamirano, Assistant City Attorney Manuel Carrillo, Director of F inance and Administrative Services 166

RESOLUTION NO. 2023-62

A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF BELL
GARDENS, CALIFORNIA, APPROVING AN AGREEMENT WITH 72

HOUR LLC, DBA NATIONAL AUTO FLEET GROUP FOR THE

PURCHASE OF TWO PUBLIC WORKS VEHICLES

WHEREAS, under Section 3.04.100E of the Bell Gardens Municipal Code, the City’s purchasing policy allows for an exception when the supplier offers the same or better price, terms and conditions as a supplier offers the lowest responsible bidder under a competitive procurement conducted by another city or public agency; and WHEREAS, Sourcewell is a State of Minnesota local government agency and service cooperative created under the laws of the State of Minnesota (Minnesota Statutes Section 123A.21) that offers cooperative procurement solutions to its members; and
WHEREAS, on July 28, 2021, Sourcewell released a Request for Proposals for the procurement of Automobiles, SUVs, Vans, and Light Trucks with Related Equipment and Accessories (RFP #091521); and
WHEREAS, on September 14, 2021, 72 Hour LLC, dba National Auto Fleet Group submitted a proposal and on November 4, 2021, 72 Hour LLC, dba National Auto Fleet Group was awarded Sourcewell Contract #091521-NAF; and
WHEREAS, the City of Bell Gardens is a member of Sourcewell and as a member, the City is entitled to access competitively bid national contracts; and WHEREAS, the City of Bell Gardens Public Works Department is in need of replacing two dilapidated vehicles; and
WHEREAS, the City Council finds that the City has complied with the procurement process; and
WHEREAS, there is sufficient funding in the approved City’s FY2023-2024 budget for the purchase of the two vehicles; and
WHEREAS, the City desires to enter into an agreement with 72 Hour LLC, dba National Auto Fleet Group for the purchase of two Public Works vehicles under contract #091521-NAF for a total cost of $110,754.48.

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

167Exhibit 1

Resolution No. 2023-62
2 of 3
SECTION 1. The City Council finds that the above recitals are true and correct and incorporate herein.

SECTION 2. The City Council finds that the City has complied with local, state and federal requirements for procurement as members of Sourcewell.

SECTION 3. The City Council hereby approves an agreement with 72 Hour LLC, dba National Auto Fleet Group for the purchase of two Public Works vehicles for a total cost of $110,754.48.

SECTION 4. The City Council further authorizes the City Manager to execute the agreement with 72 Hour LLC, dba National Auto Fleet Group consistent with this resolution along with any ancillary documents reasonably necessary to effectuate the intent of this Resolution.

PASSED, APPROVED and ADOPTED this 14th day of August, 2023.

THE CITY OF BELL GARDENS

________________________________
Francis De Leon Sanchez, Mayor

APPROVED AS TO FORM: ATTEST:

Stephanie Vasquez Daisy Gomez
City Attorney City Clerk

168Exhibit 1

Resolution No. 2023-62
3 of 3

AYES:

NOES:

ABSTAIN:

ABSENT:

169Exhibit 1

1 2023

EQUIPMENT PROCUREMENT AGREEMENT
(Procurement: Fleet Management Services)
(Parties: City of Bell Gardens and 72 Hour LLC, dba National Auto Fleet Group)

THIS EQUIPMENT PROCUREMENT AGREEMENT (hereinafter, “Agreement”) is made and entered into this ___________ day of _________________ 2023 by and between the CITY OF BELL GARDENS, a municipal corporation (hereinafter, “City”) and 72 HOUR LLC, dba NATIONAL AUTO FLEET GROUP (hereinafter, “Vendor”). For the purposes of this Agreement, City and Vendor may be referred to collectively by the capitalized term “Parties.” The capitalized term “Party” may refer to City or Vendor interchangeably.

RECITALS

WHEREAS, City is a municipal corporation organized under the laws of the State of California, with power to contract for services necessary to achieve its purpose; and

WHEREAS, City desires to purchase two (2) Chevrolet Silverado 2500HD; and

WHEREAS, per Section 3.04.100(E) (Exceptions) of Chapter 3.04 (Purchasing System) of the Bell Gardens Municipal Code (hereinafter, “Section 3.04.100”), the purchasing policy may be dispensed with when supplies, services or equipment can be produced from a supplier who offers the same or better prices, terms and/or conditions as the supplier previously offered as the lowest responsible bidder under competitive procurement conducted by another city or public agency; and

WHEREAS, on July 28, 2021, Sourcewell (hereinafter “Sourcewell”) issued a Request for Proposals (RFP) for the procurement of Automobiles, SUVs, Vans, and Light Trucks with Related Equipment and Accessories (RFP #091521); and

WHEREAS, on September 14, 2021, Vendor submitted a proposal; and

WHEREAS, on November 4, 2021, Vendor was awarded Sourcewell Contract #091521-NAF (hereinafter “Sourcewell Contract”); and

WHEREAS, as authorized under Section 3.04.100(E) of the Bell Gardens Municipal Code but such to certain terms and conditions set forth, City wishes to avail itself to the opportunity to purchase certain vehicles that meet the specifications of the Sourcewell Contract at the same unit pricing and rates given to Sourcewell under the Sourcewell Contract; and

WHEREAS, City desires to enter into an agreement with Vendor for the purchase of two (2) Chevrolet Silverado 2500HD upon the conditions set forth below.

NOW, THEREFORE, for and in consideration of the mutual covenants and conditions herein contained, the Parties agree as follows:
170Exhibit 2

2 Section 1. DESCRIPTION OF EQUIPMENT AND SERVICES.

A. Subject to all the terms and conditions of this Agreement, Vendor agrees to sell and deliver those certain vehicles listed in Vendor Quote ID 25048R1, dated July 26, 2023, and National Auto Fleet Quote ID 25049 R2, dated July 26, 2023 (collectively referred to hereinafter as the “Quotation”). A true and correct copy of the Quotation is attached and incorporated hereto as Exhibit “A”. For purposes of this Agreement, the capitalized term “Vehicles” shall refer to the vehicles listed in the Sourcewell RFP. The unit prices charged by Vendor to City for the Vehicles listed in the Quotation shall be no greater than the unit prices charged to Sourcewell under the Sourcewell RFP. Except as otherwise provided herein the Vehicles shall in all respects meet the specifications for identical vehicles set forth under the Sourcewell RFP and shall be subject to all warranties set forth under the Sourcewell RFP and Sourcewell Contract (Collectively referred to as “Sourcewell Documents”). A true and correct copy of the Sourcewell Documents are attached and incorporated hereto as Exhibit “B”.

B. Vendor’s performance under this Agreement includes all transportation services, labor, material, tools and equipment necessary for Vendor to complete its delivery and off-loading of the Vehicles at the location(s) specified by the City Representatives in a good workmanlike manner. Vendor shall not commence the delivery of the Vehicles until such time as City issues a written notice to proceed (hereinafter, the “Notice to Proceed”) with the delivery, which notice shall specify the date, time and location of the delivery along with such other written instructions as may be provided by the City Representatives.

C. Vendor shall perform all services and tasks contemplated under this Agreement continuously and with due diligence. Vendor shall, among other things, be responsible for the delivery of the Vehicles to City and shall also provide its delivery personnel with all equipment and tools necessary to move the Vehicles from Vendor’s delivery vehicles to the location(s) specified by the City representatives.

City shall in no way be responsible for undertaking the delivery of the Vehicles with its own personnel or any other contracted third-party, nor shall City be responsible for providing Vendor’s personnel with training, tools or equipment required to deliver the Vehicles. The Vehicles shall be delivered to City within three hundred and thirty (330) days from City’s issuance of the written Notice to Proceed.

D. All Vehicles shall be subject to inspection by City and may be rejected by City if the Vehicles do not meet the specifications called for under this Agreement or are otherwise broken or defective. The Vehicles shall be considered accepted upon City’s issuance of a written Notice of Acceptance, which shall not be unreasonably withheld or delayed. At any time prior to the issuance of a Notice of Acceptance, City may reject, return and demand the replacement of any Vehicles which do not meet the required specifications or are broken or defective and the cost of returning and replacing the Vehicles shall be borne solely and exclusively by Vendor. At City’s option, Vehicles that are rejected and returned by City shall be promptly 171Exhibit 2

3 replaced by Vendor or the cost of such Vehicles shall be credited or refunded to City. No payment shall be required until replacement is complete. Vendor shall replace any and all Vehicles lost during delivery. Prior to the issuance of such Notice of Acceptance, Vendor, at Vendor’s sole cost and expense, shall be required to make all such repairs, modifications or corrections to the Vehicles as may be necessary to ensure that the Vehicles will perform in accordance with the agreed specifications or replace any and all defective or incompatible parts as may be necessary to ensure that the Vehicles will perform in accordance with the established specifications.

E. City’s acceptance of the Vehicles shall be conditioned upon the final inspection and performance testing of the Vehicles by City, as specified under Section 5 of this Agreement, below, to ensure that the Vehicles satisfy the requirements of the City and are capable of performing in accordance with performance standards set forth in the specifications of the Sourcewell RFP. City reserves the right to direct to replace, at no additional cost to City, any Vehicles which are determined to be damaged, defective or other non-compliant with such specifications.

F. Coordinated installation of all Vehicles will take place during the standard business hours.

G. Risk and Title. Vendor shall bear risk of loss of the Vehicles, including any damage sustained during transportation to the delivery site. Risk in the Vehicles shall pass to City upon delivery. Transfer of title to Vehicles shall pass to City upon payment.

Nothing in this subsection shall operate to restrict, limit or modify; (i) the right of City to reject or withhold acceptance of any Vehicles that are damaged, defective or which otherwise fail to meet the specifications called for herein; or (ii) the right of City to pursue any other remedies under this Agreement in the event the Vehicles are defective or fail to meet specifications or upon Vendor’s breach of any ongoing duties or obligations set forth under this Agreement.

Section 2. STANDARD OF CARE.

A. Vendor represents, acknowledges and agrees as follows:

1. Vendor shall perform all work and services contemplated under this Agreement skillfully, competently and to the highest standards applicable to the Vendor’s field;

2. Vendor shall perform all work in a manner reasonably satisfactory to the City;

3. Vendor 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.);

172Exhibit 2

4 4. Vendor understands the nature and scope of the work to be performed under this Agreement as well as any and all schedules of performance;

5. All of Vendor’s employees and agents (including but not limited to Vendor’s subcontractors and subconsultants) possess sufficient skill, knowledge, training and experience to perform those services and tasks contemplated under this Agreement; and

6. All of Vendor’s employees and agents (including but not limited to Vendor’s subcontractors and subconsultants) possess all licenses, permits, certificates, qualifications and approvals of whatever nature that are legally required to perform the tasks and services contemplated under this Agreement and all such licenses, permits, certificates, qualifications and approvals shall be maintained throughout the term of this Agreement.

The Parties acknowledge and agree that the City’s acceptance of any work performed by or on Vendor’s behalf shall not constitute a release of any defects or damage to the Vehicles undetectable or otherwise unknown to City at the time of acceptance. The Parties further acknowledge, understand and agree that City has relied upon the foregoing representations of Vendor, including but not limited to the representation that possesses the skills, training, knowledge and experience necessary to perform all services and tasks contemplated under this Agreement in a skillful and competent manner.

Section 3. REPRESENTATIVES

A. City Representative. For the purposes of this Agreement, the Agreement administrator and City’s representative shall be Bernardo Iniguez, Director of Public Works/Facilities and his designee (hereinafter, the “City Representative”).

It shall be Vendor’s responsibility to assure that the City Representative is kept informed of the progress of the performance of the services and Vendor 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. National Auto Fleet Group Representative. For the purposes of this Agreement Jesse Cooper, Account Manager, is hereby designated as the principal and representative of Vendor authorized to act on its behalf with respect to Vendor’s performance under this Agreement and to make all decisions in connection therewith (the “National Auto Fleet Group Representative”). Notice to the National Auto Fleet Group Representative shall be written to constitute notice to Vendor.

Section 4. VENDOR’S PERSONNEL

A. Vendor represents that it has, or will secure at its own expense, all personnel required to perform the services and tasks required under this Agreement. All such services will be performed by or under its supervision, and all personnel engaged 173Exhibit 2

5 in the work shall possess the qualifications, permits and licenses required by applicable law to perform such services.

B. Vendor shall be solely responsible for the satisfactory work performance of all personnel engaged in performing services required by this Agreement, and compliance with all reasonable performance standards established by City.

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

D. Vendor 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.

E. Permits and Licenses. Vendor shall obtain and maintain during the Agreement term all necessary licenses, permits and certificates required by law for the provision of services under this Agreement, including a City business license.

Section 5. TESTING AND INSTRUCTION ON OPERATION AND MAINTENANCE

City’s personnel in coordination with Vendor’s personnel shall have a period of thirty (30) calendar days from the date the Vehicles are delivered to run performance tests of the Vehicles in order to determine whether or not the Vehicles meet specifications, are not damaged and are functioning properly. Vendor, during the testing and inspection period contemplated herein, shall also provide City personnel with instruction and training on the property operation and maintenance of the Vehicles and shall supply City with true and correct copies of all technical specifications, operating manuals and other materials relating to the maintenance, upkeep and operation of the Vehicles. The foregoing shall be in addition to and not in lieu of any training program specified under the Sourcewell RFP. Unless otherwise notified in writing, the Vehicles shall be deemed accepted following the end of the 30-day testing and instruction period. City’s issuance of notification of conditions, circumstances or other factors which make the City unwilling to accept the Vehicles shall toll, the expiration of the 30-day testing and instruction period as to all Vehicles.

Section 6. WARRANTIES

Vendor shall extend to City all such warranties for the Vehicles and Related Services provided to Sourcewell under the Sourcewell RFP and Sourcewell Contract subject to the same terms and conditions set forth therein, including but not limited to the warranties referenced under Section 2(B) of the Sourcewell Contract.

174Exhibit 2

6 Section 7. COMPENSATION

A. Compensation for Equipment. Vendor shall sell and deliver the Vehicles referenced in the Quotation at unit pricing that is no greater than the unit pricing provided to Sourcewell for identical vehicles under the Sourcewell Documents.

The foregoing notwithstanding, in no event may Vendor’s total aggregate compensation for the sale and delivery of the Vehicles exceed the aggregate sum of ONE HUNDRED TEN THOUSAND SEVEN HUNDRED FIFTY-FOUR
DOLLARS AND FORTY EIGHT CENTS ($110,754.48) (the “Not-to-Exceed Amount”).

Section 8. PROHIBITED INTERESTS

Vendor warrants, represents and maintains that it has not employed nor retained any company or person, other than a bona fide employee working solely for Vendor, to solicit or secure this Agreement. Further, Vendor 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 Vendor, 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 9. INDEPENDENT CONTRACTOR

Vendor will act hereunder as an independent contractor. This Agreement shall not and is not intended to constitute as an agent, servant, or employee of City and shall not and is not intended to create the relationship of partnership, joint venture or association between City and Vendor.

Section 10. RECORDS AND INSPECTION

Vendor shall maintain full and accurate records with respect to all matters covered under this Agreement for a period of three (3) years. City shall have access, without charge, upon reasonable notice, during normal business hours to such records, and the right to examine and audit the same and to make transcripts therefrom, and to inspect all program data, documents, proceedings, and activities. This right inspection shall not extend to the makeup of lump sum prices, day rates, or profit margins.

Section 11. CONFLICTS OF INTEREST

Vendor 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 175Exhibit 2

7 associated with in connection with this project. Vendor 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. Vendor agrees that a clause substantially similar to this Section shall be incorporated into any sub-contract that executes in connection with the performance of this Agreement.

Section 12. INDEMNIFICATION

Vendor shall indemnify, defend and hold harmless the City, its elected and appointed officials, commissioners, officers, employees, agents and volunteers for the same types of loss, claims, suits, actions, damages and causes of action and to the same extent afforded the Sourcewell, Sourcewell’s officials, commissioners, officers, agents, employees and volunteers.

Section 13. INSURANCE

Vendor shall at all times during its period of performance under this Agreement maintain all policies of insurance at the same coverage levels and of the same type and scope as set forth under Section 18 of the Sourcewell Contract.

Section 14. MUTUAL COOPERATION

A. City shall provide all pertinent data, documents and other requested information as is reasonably available for the proper performance of Vendor services.

B. In the event any claim or action is brought against City relating to Vendor’s performance in connection with this Agreement, Vendor shall render any reasonable assistance that City may require.

Section 15. TERMINATION FOR CONVENIENCE; TERMINATION FOR CAUSE

A. Termination for Convenience. Prior to the issuance of City’s written Notice to Proceed, City may immediately terminate this Agreement, inclusive of the purchase of the Vehicles and the Related Services, without cause, without liability and free of any charge or cost to City. After the City’s issuance of a written Notice to Proceed, City may immediately terminate this Agreement for convenience and without cause. Such termination for convenience shall be made in writing signed by the City Representative specifying the effective date of such termination.

Vendor may only terminate this Agreement for cause. Except as otherwise provided herein, in the event of City’s termination of this Agreement for convenience, Vendor shall be compensated for such Vehicles delivered to and accepted by City and for such services performed up to the effective date of the termination.

B. Termination for Cause. In the event either Party fails to perform any duty, obligation, service or task set forth under this Agreement (or fails to timely perform 176Exhibit 2

8 or properly perform any such duty, obligation, service or task set forth under this Agreement), an event of default (hereinafter, “Event of Default”) shall occur. For all Events of Default, the Party alleging an Event of Default shall give written notice to the defaulting Party (hereinafter referred to as a “Default Notice”) which shall specify: (i) the nature of the Event of Default; (ii) the action required to cure the Event of Default; (iii) a date by which the Event of Default shall be cured, which shall not be less than the applicable cure period set forth under subsection 15(C) below or if a cure is not reasonably possible within the applicable cure period, to begin such cure and diligently prosecute such cure to completion. The Event of Default shall constitute a breach of this Agreement if the defaulting Party fails to cure the Event of Default within the applicable cure period or any extended cure period allowed under this Agreement. An Event of Default shall include, but shall not be limited to the following: (i) Vendor’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) Vendor’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 Vendor, whether voluntary of involuntary; (iv) Vendor’s refusal or failure to perform or observe any covenant, condition, obligation or provision of this Agreement; and/or (v) City’s discovery that a statement representation or warranty by relating to this Agreement is false or erroneous in any material respect.

C. Vendor shall cure the following Events of Defaults within the following time periods:

1. Within ten (10) calendar days of City’s issuance of a Default Notice for any failure to timely provide City or its agents with any information and/or written reports, documentation or work product which Vendor is obligated to provide to City or its agents under this Agreement. Prior to the expiration of the 10-day cure period, Vendor may submit a written request for additional time to cure the Event of Default upon a showing that it has commenced efforts to cure the Event of Default and that the Event of Default cannot be reasonably cured within the 10-day cure period. The foregoing notwithstanding, City shall be under no obligation to grant additional time for the cure of an Event of Default under this subsection that exceeds thirty (30) calendar days from the end of the initial 10-day cure period; or

2. Within fifteen (15) calendar days of City’s issuance of a Default Notice for any other Event of Default under this Agreement. Prior to the expiration of the 15-day cure period, may submit a written request for additional time to cure the Event of Default upon a showing that has commenced efforts to cure the Event of Default and that the Event of Default cannot be reasonably cured within the 30-day cure period. The foregoing notwithstanding, City shall be under no obligation to grant additional time for the cure of an Event of Default under this subsection that exceeds fifteen (15) calendar days from the end of the initial 15-day cure period.
177Exhibit 2

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

D. Except as otherwise specified in this Agreement, City shall cure any Event of Default asserted by within forty-five (45) calendar days of Vendor’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 shall be cured by City within thirty (30) calendar days from the date of Vendor’s Default Notice to City.

E. City, in its sole and absolute discretion, may also immediately suspend Vendor’s performance under this Agreement (or the performance of any specific task or function performed by under this Agreement) pending Vendor’s cure of any Event of Default by giving written notice of City’s intent to suspend Vendor’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, National Auto Feel Group shall be compensated only for those services and tasks which have been rendered by to the reasonable satisfaction of City up to the effective date of the suspension. No actual or asserted breach of this Agreement on the part of City shall operate to prohibit or otherwise restrict City’s ability to suspend this Agreement as provided herein.

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

G. The duties and obligations imposed under this Agreement and the rights and remedies available hereunder shall be in addition to and not a limitation of any duties, obligations, rights and remedies otherwise imposed or available by law. In addition to any other remedies available to City at law or under this Agreement in the event of any breach of this Agreement, City, in its sole and absolute discretion, may also pursue any one or more of the following remedies:

1. Upon written notice to Vendor, the City may immediately terminate this Agreement in whole or in part;

178Exhibit 2

10 2.Upon written notice to Vendor, the City may extend the time of performance;

3.The City may proceed by appropriate court action to enforce the terms of the Agreement to recover damages for Vendor’s breach of the Agreement, obtain specific performance from Vendor or to terminate the Agreement; or

4.The City may exercise any other available and lawful right or remedy.

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

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

Section 16. FORCE MAJEURE
Vendor shall not be liable for any failure to perform if presents acceptable evidence, in City’s reasonable judgment, that such failure was due to causes beyond the control and without the fault or negligence of Vendor. In the event that a FORCE MAJEURE event materially increases the Vendor’s costs of performance hereunder then City shall make an equitable contribution to all such increased costs of performance to the extent that such costs are not covered by Vendor’s insurances.

Section 17. 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 Vendor and City’s regular business hours; or (b) on the third business day following deposit in the United States mail, postage prepaid, to the addresses heretofore below, or to such other addresses as the parties may, from time to time, designate in writing.

If to NATIONAL AUTO FLEET GROUP: If to CITY:

City of Bell Gardens
7100 S. Garfield Avenue
Bell Gardens, CA 90201
Attn: Bernardo Iniguez,
Director of Public Works/Facilities
Phone: (562) 806-7770
National Auto Fleet Group Fleet Management
480 Auto Center Drive
Watsonville, CA 95076
Attn: Jesse Cooper
Phone: (855) 289-6572
179Exhibit 2

11 Section 18. NON-DISCRIMINATION AND EQUAL EMPLOYMENT OPPORTUNITY

In the performance of this Agreement, 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 or other basis prohibited by law. 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.

Section 19. PROHIBITION AGAINST ASSIGNMENT

Vendor shall not delegate, transfer, subcontract or assign its duties or rights hereunder, either in whole or in part, without City’s prior written consent, which shall not be unreasonably withheld or delayed and any attempt to do so shall be void and of no effect.

City shall not be obligated or liable under this Agreement to any party other than Vendor.

Section 20. ATTORNEY FEES

In the event that City or Vendor 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 21. 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 Vendor 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 Vendor.

Section 22. GOVERNING LAW; JURISDICTION
This Agreement shall be interpreted and governed according to the laws of the State of California. In the event of litigation between the Parties, venue, without exception, shall be in the Los Angeles County Superior Court of the State of California. If, and only if, applicable law requires that all or part of any such litigation be tried exclusively in federal court, venue, without exception, shall be in the Central District of California located in the City of Los Angeles, California.

Section 23. SEVERABILITY
Wherever possible, each provision of this Agreement shall be interpreted in such a manner as to be valid under applicable law. If any provision of this Agreement is 180Exhibit 2

12 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 24. AMENDMENT; MODIFICATION
No amendment, modification or supplement of this Agreement shall be valid or binding unless executed in writing and signed by both Parties, subject to City approval. The requirement for written amendments, modifications or supplements cannot be waived and any attempted waiver shall be void and invalid.

Section 25. 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 26. AUTHORIZATION
Both parties represent and warrant that the person executing this Agreement on behalf of each party is an authorized agent who has actual authority to bind each party to each and every term, condition, and obligation of this Agreement and that all requirements of each party have been fulfilled to provide such actual authority.

Section 27. SURVIVAL OF PROVISIONS AND OBLIGATIONS
Any provision of this Agreement, which by its nature must be exercised after termination of this Agreement, will survive termination and remain effective for a reasonable time. Any obligation that accrued prior to termination of this Agreement will survive termination of this Agreement.

Section 28. 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]
181Exhibit 2

13 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 NATIONAL AUTO FLEET GROUP FLEET
MANAGEMENT, INC.

By:_____________________________ By:_____________________________ Michael B. O’Kelly, City Manager

Date:_______________ Date:__________________

Approved as to form:

By:

Stephanie Vasquez, City Attorney

182Exhibit 2

14 EXHIBIT “A”

QUOTATION
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15 EXHIBIT “B”

SOURCEWELL DOCUMENTS

206Exhibit 2

091521-NAF

Rev. 3/2021 1

Solicitation Number: RFP #091521

CONTRACT

This Contract is between Sourcewell, 202 12th Street Northeast, P.O. Box 219, Staples, MN 56479 (Sourcewell) and 72 Hour LLC dba: National Auto Fleet Group, 490 Auto Center Drive, Watsonville, CA 95076 (Supplier).

Sourcewell is a State of Minnesota local government unit and service cooperative created under the laws of the State of Minnesota (Minnesota Statutes Section 123A.21) that offers cooperative procurement solutions to government entities. Participation is open to eligible federal, state/province, and municipal governmental entities, higher education, K-12 education, nonprofit, tribal government, and other public entities located in the United States and Canada.

Sourcewell issued a public solicitation for Automobiles, SUVs, Vans, and Light Trucks with Related Equipment and Accessories from which Supplier was awarded a contract.

Supplier desires to contract with Sourcewell to provide equipment, products, or services to Sourcewell and the entities that access Sourcewell’s cooperative purchasing contracts (Participating Entities).

1. TERM OF CONTRACT

A. EFFECTIVE DATE. This Contract is effective upon the date of the final signature below.

B. EXPIRATION DATE AND EXTENSION. This Contract expires November 8, 2025, unless it is cancelled sooner pursuant to Article 22. This Contract may be extended one additional year upon the request of Sourcewell and written agreement by Supplier.

C. SURVIVAL OF TERMS. Notwithstanding any expiration or termination of this Contract, all payment obligations incurred prior to expiration or termination will survive, as will the following: Articles 11 through 14 survive the expiration or cancellation of this Contract. All rights will cease upon expiration or termination of this Contract.

2. EQUIPMENT, PRODUCTS, OR SERVICES

A. EQUIPMENT, PRODUCTS, OR SERVICES. Supplier will provide the Equipment, Products, or Services as stated in its Proposal submitted under the Solicitation Number listed above.

207Exhibit 2

091521-NAF

Rev. 3/2021 2

Supplier’s Equipment, Products, or Services Proposal (Proposal) is attached and incorporated into this Contract.

All Equipment and Products provided under this Contract must be new and the current model.

Supplier may offer close-out or refurbished Equipment or Products if they are clearly indicated in Supplier’s product and pricing list. Unless agreed to by the Participating Entities in advance, Equipment or Products must be delivered as operational to the Participating Entity’s site.

This Contract offers an indefinite quantity of sales, and while substantial volume is anticipated, sales and sales volume are not guaranteed.

B. WARRANTY. Supplier warrants that all Equipment, Products, and Services furnished are free from liens and encumbrances, and are free from defects in design, materials, and workmanship.

In addition, Supplier warrants the Equipment, Products, and Services are suitable for and will perform in accordance with the ordinary use for which they are intended. Supplier’s dealers and distributors must agree to assist the Participating Entity in reaching a resolution in any dispute over warranty terms with the manufacturer. Any manufacturer’s warranty that extends beyond the expiration of the Supplier’s warranty will be passed on to the Participating Entity.

C. DEALERS, DISTRIBUTORS, AND/OR RESELLERS. Upon Contract execution and throughout the Contract term, Supplier must provide to Sourcewell a current means to validate or authenticate Supplier’s authorized dealers, distributors, or resellers relative to the Equipment, Products, and Services offered under this Contract, which will be incorporated into this Contract by reference. It is the Supplier’s responsibility to ensure Sourcewell receives the most current information.

3. PRICING

All Equipment, Products, or Services under this Contract will be priced at or below the price stated in Supplier’s Proposal.

When providing pricing quotes to Participating Entities, all pricing quoted must reflect a Participating Entity’s total cost of acquisition. This means that the quoted cost is for delivered Equipment, Products, and Services that are operational for their intended purpose, and includes all costs to the Participating Entity’s requested delivery location.

Regardless of the payment method chosen by the Participating Entity, the total cost associated with any purchase option of the Equipment, Products, or Services must always be disclosed in the pricing quote to the applicable Participating Entity at the time of purchase.

A. SHIPPING AND SHIPPING COSTS. All delivered Equipment and Products must be properly packaged. Damaged Equipment and Products may be rejected. If the damage is not readily apparent at the time of delivery, Supplier must permit the Equipment and Products to be

208Exhibit 2

091521-NAF

Rev. 3/2021 3

returned within a reasonable time at no cost to Sourcewell or its Participating Entities.

Participating Entities reserve the right to inspect the Equipment and Products at a reasonable time after delivery where circumstances or conditions prevent effective inspection of the Equipment and Products at the time of delivery. In the event of the delivery of nonconforming Equipment and Products, the Participating Entity will notify the Supplier as soon as possible and the Supplier will replace nonconforming Equipment and Products with conforming Equipment and Products that are acceptable to the Participating Entity.

Supplier must arrange for and pay for the return shipment on Equipment and Products that arrive in a defective or inoperable condition.

Sourcewell may declare the Supplier in breach of this Contract if the Supplier intentionally delivers substandard or inferior Equipment or Products.

B. SALES TAX. Each Participating Entity is responsible for supplying the Supplier with valid tax- exemption certification(s). When ordering, a Participating Entity must indicate if it is a tax- exempt entity.

C. HOT LIST PRICING. At any time during this Contract, Supplier may offer a specific selection of Equipment, Products, or Services at discounts greater than those listed in the Contract.

When Supplier determines it will offer Hot List Pricing, it must be submitted electronically to Sourcewell in a line-item format. Equipment, Products, or Services may be added or removed from the Hot List at any time through a Sourcewell Price and Product Change Form as defined in Article 4 below.

Hot List program and pricing may also be used to discount and liquidate close-out and discontinued Equipment and Products as long as those close-out and discontinued items are clearly identified as such. Current ordering process and administrative fees apply. Hot List Pricing must be published and made available to all Participating Entities.

4. PRODUCT AND PRICING CHANGE REQUESTS

Supplier may request Equipment, Product, or Service changes, additions, or deletions at any time. All requests must be made in writing by submitting a signed Sourcewell Price and Product Change Request Form to the assigned Sourcewell Supplier Development Administrator. This approved form is available from the assigned Sourcewell Supplier Development Administrator.

At a minimum, the request must:

x Identify the applicable Sourcewell contract number;
x Clearly specify the requested change;
x Provide sufficient detail to justify the requested change;

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x Individually list all Equipment, Products, or Services affected by the requested change, along with the requested change (e.g., addition, deletion, price change); and x Include a complete restatement of pricing documentation in Microsoft Excel with the effective date of the modified pricing, or product addition or deletion. The new pricing restatement must include all Equipment, Products, and Services offered, even for those items where pricing remains unchanged.

A fully executed Sourcewell Price and Product Change Request Form will become an amendment to this Contract and will be incorporated by reference.

5. PARTICIPATION, CONTRACT ACCESS, AND PARTICIPATING ENTITY REQUIREMENTS

A. PARTICIPATION. Sourcewell’s cooperative contracts are available and open to public and nonprofit entities across the United States and Canada; such as federal, state/province, municipal, K-12 and higher education, tribal government, and other public entities.

The benefits of this Contract should be available to all Participating Entities that can legally access the Equipment, Products, or Services under this Contract. A Participating Entity’s authority to access this Contract is determined through its cooperative purchasing, interlocal, or joint powers laws. Any entity accessing benefits of this Contract will be considered a Service Member of Sourcewell during such time of access. Supplier understands that a Participating Entity’s use of this Contract is at the Participating Entity’s sole convenience and Participating Entities reserve the right to obtain like Equipment, Products, or Services from any other source.

Supplier is responsible for familiarizing its sales and service forces with Sourcewell contract use eligibility requirements and documentation and will encourage potential participating entities to join Sourcewell. Sourcewell reserves the right to add and remove Participating Entities to its roster during the term of this Contract.

B. PUBLIC FACILITIES. Supplier’s employees may be required to perform work at government- owned facilities, including schools. Supplier’s employees and agents must conduct themselves in a professional manner while on the premises, and in accordance with Participating Entity policies and procedures, and all applicable laws.

6. PARTICIPATING ENTITY USE AND PURCHASING

A. ORDERS AND PAYMENT. To access the contracted Equipment, Products, or Services under this Contract, a Participating Entity must clearly indicate to Supplier that it intends to access this Contract; however, order flow and procedure will be developed jointly between Sourcewell and Supplier. Typically, a Participating Entity will issue an order directly to Supplier or its authorized subsidiary, distributor, dealer, or reseller. If a Participating Entity issues a purchase order, it may use its own forms, but the purchase order should clearly note the applicable Sourcewell

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contract number. All Participating Entity orders under this Contract must be issued prior to expiration or cancellation of this Contract; however, Supplier performance, Participating Entity payment obligations, and any applicable warranty periods or other Supplier or Participating Entity obligations may extend beyond the term of this Contract.

Supplier’s acceptable forms of payment are included in its attached Proposal. Participating Entities will be solely responsible for payment and Sourcewell will have no liability for any unpaid invoice of any Participating Entity.

B. ADDITIONAL TERMS AND CONDITIONS/PARTICIPATING ADDENDUM. Additional terms and conditions to a purchase order, or other required transaction documentation, may be negotiated between a Participating Entity and Supplier, such as job or industry-specific requirements, legal requirements (e.g., affirmative action or immigration status requirements), or specific local policy requirements. Some Participating Entities may require the use of a Participating Addendum; the terms of which will be negotiated directly between the Participating Entity and the Supplier. Any negotiated additional terms and conditions must never be less favorable to the Participating Entity than what is contained in this Contract.

C. SPECIALIZED SERVICE REQUIREMENTS. In the event that the Participating Entity requires service or specialized performance requirements not addressed in this Contract (such as e- commerce specifications, specialized delivery requirements, or other specifications and requirements), the Participating Entity and the Supplier may enter into a separate, standalone agreement, apart from this Contract. Sourcewell, including its agents and employees, will not be made a party to a claim for breach of such agreement.

D. TERMINATION OF ORDERS. Participating Entities may terminate an order, in whole or in part, immediately upon notice to Supplier in the event of any of the following events:

1. The Participating Entity fails to receive funding or appropriation from its governing body at levels sufficient to pay for the equipment, products, or services to be purchased; or

2. Federal, state, or provincial laws or regulations prohibit the purchase or change the Participating Entity’s requirements.

E. GOVERNING LAW AND VENUE. The governing law and venue for any action related to a Participating Entity’s order will be determined by the Participating Entity making the purchase.

7. CUSTOMER SERVICE

A. PRIMARY ACCOUNT REPRESENTATIVE. Supplier will assign an Account Representative to Sourcewell for this Contract and must provide prompt notice to Sourcewell if that person is changed. The Account Representative will be responsible for:

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x Maintenance and management of this Contract;
x Timely response to all Sourcewell and Participating Entity inquiries; and x Business reviews to Sourcewell and Participating Entities, if applicable.

B. BUSINESS REVIEWS. Supplier must perform a minimum of one business review with Sourcewell per contract year. The business review will cover sales to Participating Entities, pricing and contract terms, administrative fees, sales data reports, supply issues, customer issues, and any other necessary information.

8. REPORT ON CONTRACT SALES ACTIVITY AND ADMINISTRATIVE FEE PAYMENT

A. CONTRACT SALES ACTIVITY REPORT. Each calendar quarter, Supplier must provide a contract sales activity report (Report) to the Sourcewell Supplier Development Administrator assigned to this Contract. Reports are due no later than 45 days after the end of each calendar quarter. A Report must be provided regardless of the number or amount of sales during that quarter (i.e., if there are no sales, Supplier must submit a report indicating no sales were made).

The Report must contain the following fields:

x Participating Entity Name (e.g., City of Staples Highway Department); x Participating Entity Physical Street Address;
x Participating Entity City;
x Participating Entity State/Province;
x Participating Entity Zip/Postal Code;
x Participating Entity Contact Name;
x Participating Entity Contact Email Address;
x Participating Entity Contact Telephone Number;
x Sourcewell Assigned Entity/Participating Entity Number; x Item Purchased Description;
x Item Purchased Price;
x Sourcewell Administrative Fee Applied; and
x Date Purchase was invoiced/sale was recognized as revenue by Supplier.

B. ADMINISTRATIVE FEE. In consideration for the support and services provided by Sourcewell, the Supplier will pay an administrative fee to Sourcewell on all Equipment, Products, and Services provided to Participating Entities. The Administrative Fee must be included in, and not added to, the pricing. Supplier may not charge Participating Entities more than the contracted price to offset the Administrative Fee.

The Supplier will submit payment to Sourcewell for the percentage of administrative fee stated in the Proposal multiplied by the total sales of all Equipment, Products, and Services purchased

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by Participating Entities under this Contract during each calendar quarter. Payments should note the Supplier’s name and Sourcewell-assigned contract number in the memo; and must be mailed to the address above “Attn: Accounts Receivable” or remitted electronically to Sourcewell’s banking institution per Sourcewell’s Finance department instructions. Payments must be received no later than 45 calendar days after the end of each calendar quarter.

Supplier agrees to cooperate with Sourcewell in auditing transactions under this Contract to ensure that the administrative fee is paid on all items purchased under this Contract.

In the event the Supplier is delinquent in any undisputed administrative fees, Sourcewell reserves the right to cancel this Contract and reject any proposal submitted by the Supplier in any subsequent solicitation. In the event this Contract is cancelled by either party prior to the Contract’s expiration date, the administrative fee payment will be due no more than 30 days from the cancellation date.

9. AUTHORIZED REPRESENTATIVE

Sourcewell's Authorized Representative is its Chief Procurement Officer.

Supplier’s Authorized Representative is the person named in the Supplier’s Proposal. If Supplier’s Authorized Representative changes at any time during this Contract, Supplier must promptly notify Sourcewell in writing.

10. AUDIT, ASSIGNMENT, AMENDMENTS, WAIVER, AND CONTRACT COMPLETE

A. AUDIT. Pursuant to Minnesota Statutes Section 16C.05, subdivision 5, the books, records, documents, and accounting procedures and practices relevant to this Agreement are subject to examination by Sourcewell or the Minnesota State Auditor for a minimum of six years from the end of this Contract. This clause extends to Participating Entities as it relates to business conducted by that Participating Entity under this Contract.

B. ASSIGNMENT. Neither party may assign or otherwise transfer its rights or obligations under this Contract without the prior written consent of the other party and a fully executed assignment agreement. Such consent will not be unreasonably withheld. Any prohibited assignment will be invalid.

C. AMENDMENTS. Any amendment to this Contract must be in writing and will not be effective until it has been duly executed by the parties.

D. WAIVER. Failure by either party to take action or assert any right under this Contract will not be deemed a waiver of such right in the event of the continuation or repetition of the circumstances giving rise to such right. Any such waiver must be in writing and signed by the parties.

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E. CONTRACT COMPLETE. This Contract represents the complete agreement between the parties. No other understanding regarding this Contract, whether written or oral, may be used to bind either party.For any conflict between the attached Proposal and the terms set out in Articles 1-22 of this Contract, the terms of Articles 1-22 will govern.

F. RELATIONSHIP OF THE PARTIES. The relationship of the parties is one of independent contractors, each free to exercise judgment and discretion with regard to the conduct of their respective businesses. This Contract does not create a partnership, joint venture, or any other relationship such as master-servant, or principal-agent.

11. INDEMNITY AND HOLD HARMLESS

Supplier must indemnify, defend, save, and hold Sourcewell and its Participating Entities, including their agents and employees, harmless from any claims or causes of action, including attorneys’ fees incurred by Sourcewell or its Participating Entities, arising out of any act or omission in the performance of this Contract by the Supplier or its agents or employees; this indemnification includes injury or death to person(s) or property alleged to have been caused by some defect in the Equipment, Products, or Services under this Contract to the extent the Equipment, Product, or Service has been used according to its specifications. Sourcewell’s responsibility will be governed by the State of Minnesota’s Tort Liability Act (Minnesota Statutes Chapter 466) and other applicable law.

12. GOVERNMENT DATA PRACTICES

Supplier and Sourcewell must comply with the Minnesota Government Data Practices Act, Minnesota Statutes Chapter 13, as it applies to all data provided by or provided to Sourcewell under this Contract and as it applies to all data created, collected, received, stored, used, maintained, or disseminated by the Supplier under this Contract.

13. INTELLECTUAL PROPERTY, PUBLICITY, MARKETING, AND ENDORSEMENT

A. INTELLECTUAL PROPERTY

1. Grant of License. During the term of this Contract:
a. Sourcewell grants to Supplier a royalty-free, worldwide, non-exclusive right and license to use thetrademark(s) provided to Supplier by Sourcewell in advertising and promotional materials for the purpose of marketing Sourcewell’s relationship with Supplier.
b. Supplier grants to Sourcewell a royalty-free, worldwide, non-exclusive right and license to use Supplier’s trademarks in advertising and promotional materials for the purpose of marketing Supplier’s relationship with Sourcewell.

2. Limited Right of Sublicense. The right and license granted herein includes a limited right of each party to grant sublicenses to their respective subsidiaries, distributors, dealers,

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resellers, marketing representatives, and agents (collectively “Permitted Sublicensees”) in advertising and promotional materials for the purpose of marketing the Parties’ relationship to Participating Entities. Any sublicense granted will be subject to the terms and conditions of this Article. Each party will be responsible for any breach of this Article by any of their respective sublicensees.

3. Use; Quality Control.
a. Neither party may alter the other party’s trademarks from the form provided and must comply with removal requests as to specific uses of its trademarks or logos.
b. Each party agrees to use, and to cause its Permitted Sublicensees to use, the other party’s trademarks only in good faith and in a dignified manner consistent with such party’s use of the trademarks. Upon written notice to the breaching party, the breaching party has 30 days of the date of the written notice to cure the breach or the license will be terminated.

4. As applicable, Supplier agrees to indemnify and hold harmless Sourcewell and its Participating Entities against any and all suits, claims, judgments, and costs instituted or recovered against Sourcewell or Participating Entities by any person on account of the use of any Equipment or Products by Sourcewell or its Participating Entities supplied by Supplier in violation of applicable patent or copyright laws.

5. Termination. Upon the termination of this Contract for any reason, each party, including Permitted Sublicensees, will have 30 days to remove all Trademarks from signage, websites, and the like bearing the other party’s name or logo (excepting Sourcewell’s pre-printed catalog of suppliers which may be used until the next printing). Supplier must return all marketing and promotional materials, including signage, provided by Sourcewell, or dispose of it according to Sourcewell’s written directions.

B. PUBLICITY. Any publicity regarding the subject matter of this Contract must not be released without prior written approval from the Authorized Representatives. Publicity includes notices, informational pamphlets, press releases, research, reports, signs, and similar public notices prepared by or for the Supplier individually or jointly with others, or any subcontractors, with respect to the program, publications, or services provided resulting from this Contract.

C. MARKETING. Any direct advertising, marketing, or offers with Participating Entities must be approved by Sourcewell. Send all approval requests to the Sourcewell Supplier Development Administrator assigned to this Contract.

D. ENDORSEMENT. The Supplier must not claim that Sourcewell endorses its Equipment, Products, or Services.

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14. GOVERNING LAW, JURISDICTION, AND VENUE

The substantive and procedural laws of the State of Minnesota will govern this Contract. Venue for all legal proceedings arising out of this Contract, or its breach, must be in the appropriate state court in Todd County, Minnesota or federal court in Fergus Falls, Minnesota.

15. FORCE MAJEURE

Neither party to this Contract will be held responsible for delay or default caused by acts of God or other conditions that are beyond that party’s reasonable control. A party defaulting under this provision must provide the other party prompt written notice of the default.

16. SEVERABILITY

If any provision of this Contract is found by a court of competent jurisdiction to be illegal, unenforceable, or void then both parties will be relieved from all obligations arising from that provision. If the remainder of this Contract is capable of being performed, it will not be affected by such determination or finding and must be fully performed.

17. PERFORMANCE, DEFAULT, AND REMEDIES

A. PERFORMANCE. During the term of this Contract, the parties will monitor performance and address unresolved contract issues as follows:

1. Notification. The parties must promptly notify each other of any known dispute and work in good faith to resolve such dispute within a reasonable period of time. If necessary, Sourcewell and the Supplier will jointly develop a short briefing document that describes the issue(s), relevant impact, and positions of both parties.

2. Escalation. If parties are unable to resolve the issue in a timely manner, as specified above, either Sourcewell or Supplier may escalate the resolution of the issue to a higher level of management. The Supplier will have 30 calendar days to cure an outstanding issue.

3. Performance while Dispute is Pending. Notwithstanding the existence of a dispute, the Supplier must continue without delay to carry out all of its responsibilities under the Contract that are not affected by the dispute. If the Supplier fails to continue without delay to perform its responsibilities under the Contract, in the accomplishment of all undisputed work, the Supplier will bear any additional costs incurred by Sourcewell and/or its Participating Entities as a result of such failure to proceed.

B. DEFAULT AND REMEDIES. Either of the following constitutes cause to declare this Contract, or any Participating Entity order under this Contract, in default:

1. Nonperformance of contractual requirements, or

2. A material breach of any term or condition of this Contract.

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The party claiming default must provide written notice of the default, with 30 calendar days to cure the default. Time allowed for cure will not diminish or eliminate any liability for liquidated or other damages. If the default remains after the opportunity for cure, the non-defaulting party may:

x Exercise any remedy provided by law or equity, or
x Terminate the Contract or any portion thereof, including any orders issued against the Contract.

18. INSURANCE

A. REQUIREMENTS. At its own expense, Supplier must maintain insurance policy(ies) in effect at all times during the performance of this Contract with insurance company(ies) licensed or authorized to do business in the State of Minnesota having an “AM BEST” rating of A- or better, with coverage and limits of insurance not less than the following:

1. Workers’ Compensation and Employer’s Liability.

Workers’ Compensation: As required by any applicable law or regulation.

Employer's Liability Insurance: must be provided in amounts not less than listed below:

Minimum limits:
$500,000 each accident for bodily injury by accident
$500,000 policy limit for bodily injury by disease
$500,000 each employee for bodily injury by disease

2. Commercial General Liability Insurance. Supplier will maintain insurance covering its operations, with coverage on an occurrence basis, and must be subject to terms no less broad than the Insurance Services Office (“ISO”) Commercial General Liability Form CG0001 (2001 or newer edition), or equivalent. At a minimum, coverage must include liability arising from premises, operations, bodily injury and property damage, independent contractors, products-completed operations including construction defect, contractual liability, blanket contractual liability, and personal injury and advertising injury. All required limits, terms and conditions of coverage must be maintained during the term of this Contract.

Minimum Limits:
$1,000,000 each occurrence Bodily Injury and Property Damage $1,000,000 Personal and Advertising Injury
$2,000,000 aggregate for Products-Completed operations
$2,000,000 general aggregate

3. Commercial Automobile Liability Insurance. During the term of this Contract, Supplier will maintain insurance covering all owned, hired, and non-owned automobiles in limits of liability not less than indicated below. The coverage must be subject to terms

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no less broad than ISO Business Auto Coverage Form CA 0001 (2010 edition or newer), or equivalent.

Minimum Limits:
$1,000,000 each accident, combined single limit

4. Umbrella Insurance. During the term of this Contract, Supplier will maintain umbrella coverage over Employer’s Liability, Commercial General Liability, and Commercial Automobile.

Minimum Limits:
$2,000,000

5. Network Security and Privacy Liability Insurance. During the term of this Contract, Supplier will maintain coverage for network security and privacy liability. The coverage may be endorsed on another form of liability coverage or written on a standalone policy. The insurance must cover claims which may arise from failure of Supplier’s security resulting in, but not limited to, computer attacks, unauthorized access, disclosure of not public data – including but not limited to, confidential or private information, transmission of a computer virus, or denial of service.

Minimum limits:
$2,000,000 per occurrence
$2,000,000 annual aggregate

Failure of Supplier to maintain the required insurance will constitute a material breach entitling Sourcewell to immediately terminate this Contract for default.

B. CERTIFICATES OF INSURANCE. Prior to commencing under this Contract, Supplier must furnish to Sourcewell a certificate of insurance, as evidence of the insurance required under this Contract. Prior to expiration of the policy(ies), renewal certificates must be mailed to Sourcewell, 202 12th Street Northeast, P.O. Box 219, Staples, MN 56479 or sent to the Sourcewell Supplier Development Administrator assigned to this Contract. The certificates must be signed by a person authorized by the insurer(s) to bind coverage on their behalf.

Failure to request certificates of insurance by Sourcewell, or failure of Supplier to provide certificates of insurance, in no way limits or relieves Supplier of its duties and responsibilities in this Contract.

C. ADDITIONAL INSURED ENDORSEMENT AND PRIMARY AND NON-CONTRIBUTORY INSURANCE CLAUSE. Supplier agrees to list Sourcewell and its Participating Entities, including their officers, agents, and employees, as an additional insured under the Supplier’s commercial general liability insurance policy with respect to liability arising out of activities, “operations,” or “work” performed by or on behalf of Supplier, and products and completed operations of Supplier. The policy provision(s) or endorsement(s) must further provide that coverage is

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primary and not excess over or contributory with any other valid, applicable, and collectible insurance or self-insurance in force for the additional insureds.

D. WAIVER OF SUBROGATION. Supplier waives and must require (by endorsement or otherwise) all its insurers to waive subrogation rights against Sourcewell and other additional insureds for losses paid under the insurance policies required by this Contract or other insurance applicable to the Supplier or its subcontractors. The waiver must apply to all deductibles and/or self-insured retentions applicable to the required or any other insurance maintained by the Supplier or its subcontractors. Where permitted by law, Supplier must require similar written express waivers of subrogation and insurance clauses from each of its subcontractors.

E. UMBRELLA/EXCESS LIABILITY/SELF-INSURED RETENTION. The limits required by this Contract can be met by either providing a primary policy or in combination with umbrella/excess liability policy(ies), or self-insured retention.

19. COMPLIANCE

A. LAWS AND REGULATIONS. All Equipment, Products, or Services provided under this Contract must comply fully with applicable federal laws and regulations, and with the laws in the states and provinces in which the Equipment, Products, or Services are sold.

B. LICENSES. Supplier must maintain a valid and current status on all required federal, state/provincial, and local licenses, bonds, and permits required for the operation of the business that the Supplier conducts with Sourcewell and Participating Entities.

20. BANKRUPTCY, DEBARMENT, OR SUSPENSION CERTIFICATION

Supplier certifies and warrants that it is not in bankruptcy or that it has previously disclosed in writing certain information to Sourcewell related to bankruptcy actions. If at any time during this Contract Supplier declares bankruptcy, Supplier must immediately notify Sourcewell in writing.

Supplier certifies and warrants that neither it nor its principals are presently debarred, suspended, proposed for debarment, declared ineligible, or voluntarily excluded from programs operated by the State of Minnesota; the United States federal government or the Canadian government, as applicable; or any Participating Entity. Supplier certifies and warrants that neither it nor its principals have been convicted of a criminal offense related to the subject matter of this Contract. Supplier further warrants that it will provide immediate written notice to Sourcewell if this certification changes at any time.

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21. PROVISIONS FOR NON-UNITED STATES FEDERAL ENTITY PROCUREMENTS UNDER

UNITED STATES FEDERAL AWARDS OR OTHER AWARDS

Participating Entities that use United States federal grant or FEMA funds to purchase goods or services from this Contract may be subject to additional requirements including the procurement standards of the Uniform Administrative Requirements, Cost Principles and Audit Requirements for Federal Awards, 2 C.F.R. § 200. Participating Entities may have additional requirements based on specific funding source terms or conditions. Within this Article, all references to “federal” should be interpreted to mean the United States federal government.

The following list only applies when a Participating Entity accesses Supplier’s Equipment, Products, or Services with United States federal funds.

A. EQUAL EMPLOYMENT OPPORTUNITY. Except as otherwise provided under 41 C.F.R. § 60, all contracts that meet the definition of “federally assisted construction contract” in 41 C.F.R. § 60-

1.3 must include the equal opportunity clause provided under 41 C.F.R. §60-1.4(b), in accordance with Executive Order 11246, “Equal Employment Opportunity” (30 FR 12319, 12935, 3 C.F.R. §, 1964-1965 Comp., p. 339), as amended by Executive Order 11375, “Amending Executive Order 11246 Relating to Equal Employment Opportunity,” and implementing regulations at 41 C.F.R. § 60, “Office of Federal Contract Compliance Programs, Equal Employment Opportunity, Department of Labor.” The equal opportunity clause is incorporated herein by reference.

B. DAVIS-BACON ACT, AS AMENDED (40 U.S.C. § 3141-3148). When required by federal program legislation, all prime construction contracts in excess of $2,000 awarded by non- federal entities must include a provision for compliance with the Davis-Bacon Act (40 U.S.C. § 3141-3144, and 3146-3148) as supplemented by Department of Labor regulations (29 C.F.R. § 5, “Labor Standards Provisions Applicable to Contracts Covering Federally Financed and Assisted Construction”). In accordance with the statute, contractors must be required to pay wages to laborers and mechanics at a rate not less than the prevailing wages specified in a wage determination made by the Secretary of Labor. In addition, contractors must be required to pay wages not less than once a week. The non-federal entity must place a copy of the current prevailing wage determination issued by the Department of Labor in each solicitation. The decision to award a contract or subcontract must be conditioned upon the acceptance of the wage determination. The non-federal entity must report all suspected or reported violations to the federal awarding agency. The contracts must also include a provision for compliance with the Copeland “Anti-Kickback” Act (40 U.S.C. § 3145), as supplemented by Department of Labor regulations (29 C.F.R. § 3, “Contractors and Subcontractors on Public Building or Public Work Financed in Whole or in Part by Loans or Grants from the United States”). The Act provides that each contractor or subrecipient must be prohibited from inducing, by any means, any person employed in the construction, completion, or repair of public work, to give up any part of the compensation to which he or she is otherwise entitled. The non-federal entity must report all suspected or reported violations to the federal awarding agency. Supplier must be in compliance with all applicable Davis-Bacon Act provisions.

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C. CONTRACT WORK HOURS AND SAFETY STANDARDS ACT (40 U.S.C. § 3701-3708). Where applicable, all contracts awarded by the non-federal entity in excess of $100,000 that involve the employment of mechanics or laborers must include a provision for compliance with 40 U.S.C. §§ 3702 and 3704, as supplemented by Department of Labor regulations (29 C.F.R. § 5).

Under 40 U.S.C. § 3702 of the Act, each contractor must be required to compute the wages of every mechanic and laborer on the basis of a standard work week of 40 hours. Work in excess of the standard work week is permissible provided that the worker is compensated at a rate of not less than one and a half times the basic rate of pay for all hours worked in excess of 40 hours in the work week. The requirements of 40 U.S.C. § 3704 are applicable to construction work and provide that no laborer or mechanic must be required to work in surroundings or under working conditions which are unsanitary, hazardous or dangerous. These requirements do not apply to the purchases of supplies or materials or articles ordinarily available on the open market, or contracts for transportation or transmission of intelligence. This provision is hereby incorporated by reference into this Contract. Supplier certifies that during the term of an award for all contracts by Sourcewell resulting from this procurement process, Supplier must comply with applicable requirements as referenced above.

D. RIGHTS TO INVENTIONS MADE UNDER A CONTRACT OR AGREEMENT. If the federal award meets the definition of “funding agreement” under 37 C.F.R. § 401.2(a) and the recipient or subrecipient wishes to enter into a contract with a small business firm or nonprofit organization regarding the substitution of parties, assignment or performance of experimental, developmental, or research work under that “funding agreement,” the recipient or subrecipient must comply with the requirements of 37 C.F.R. § 401, “Rights to Inventions Made by Nonprofit Organizations and Small Business Firms Under Government Grants, Contracts and Cooperative Agreements,” and any implementing regulations issued by the awarding agency. Supplier certifies that during the term of an award for all contracts by Sourcewell resulting from this procurement process, Supplier must comply with applicable requirements as referenced above.

E. CLEAN AIR ACT (42 U.S.C. § 7401-7671Q.) AND THE FEDERAL WATER POLLUTION CONTROL ACT (33 U.S.C. § 1251-1387). Contracts and subgrants of amounts in excess of $150,000 require the non-federal award to agree to comply with all applicable standards, orders or regulations issued pursuant to the Clean Air Act (42 U.S.C. § 7401- 7671q) and the Federal Water Pollution Control Act as amended (33 U.S.C. § 1251- 1387). Violations must be reported to the Federal awarding agency and the Regional Office of the Environmental Protection Agency (EPA).

Supplier certifies that during the term of this Contract will comply with applicable requirements as referenced above.

F. DEBARMENT AND SUSPENSION (EXECUTIVE ORDERS 12549 AND 12689). A contract award (see 2 C.F.R. § 180.220) must not be made to parties listed on the government wide exclusions in the System for Award Management (SAM), in accordance with the OMB guidelines at 2 C.F.R. §180 that implement Executive Orders 12549 (3 C.F.R. § 1986 Comp., p. 189) and 12689 (3 C.F.R. § 1989 Comp., p. 235), “Debarment and Suspension.” SAM Exclusions contains the names

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of parties debarred, suspended, or otherwise excluded by agencies, as well as parties declared ineligible under statutory or regulatory authority other than Executive Order 12549. Supplier certifies that neither it nor its principals are presently debarred, suspended, proposed for debarment, declared ineligible, or voluntarily excluded from participation by any federal department or agency.

G. BYRD ANTI-LOBBYING AMENDMENT, AS AMENDED (31 U.S.C. § 1352). Suppliers must file any required certifications. Suppliers must not have used federal appropriated funds to pay any person or organization for influencing or attempting to influence an officer or employee of any agency, a member of Congress, officer or employee of Congress, or an employee of a member of Congress in connection with obtaining any federal contract, grant, or any other award covered by 31 U.S.C. § 1352. Suppliers must disclose any lobbying with non-federal funds that takes place in connection with obtaining any federal award. Such disclosures are forwarded from tier to tier up to the non-federal award. Suppliers must file all certifications and disclosures required by, and otherwise comply with, the Byrd Anti-Lobbying Amendment (31 U.S.C. § 1352).

H. RECORD RETENTION REQUIREMENTS. To the extent applicable, Supplier must comply with the record retention requirements detailed in 2 C.F.R. § 200.333. The Supplier further certifies that it will retain all records as required by 2 C.F.R. § 200.333 for a period of 3 years after grantees or subgrantees submit final expenditure reports or quarterly or annual financial reports, as applicable, and all other pending matters are closed.

I. ENERGY POLICY AND CONSERVATION ACT COMPLIANCE. To the extent applicable, Supplier must comply with the mandatory standards and policies relating to energy efficiency which are contained in the state energy conservation plan issued in compliance with the Energy Policy and Conservation Act.

J. BUY AMERICAN PROVISIONS COMPLIANCE. To the extent applicable, Supplier must comply with all applicable provisions of the Buy American Act. Purchases made in accordance with the Buy American Act must follow the applicable procurement rules calling for free and open competition.

K. ACCESS TO RECORDS (2 C.F.R. § 200.336). Supplier agrees that duly authorized representatives of a federal agency must have access to any books, documents, papers and records of Supplier that are directly pertinent to Supplier’s discharge of its obligations under this Contract for the purpose of making audits, examinations, excerpts, and transcriptions. The right also includes timely and reasonable access to Supplier’s personnel for the purpose of interview and discussion relating to such documents.

L. PROCUREMENT OF RECOVERED MATERIALS (2 C.F.R. § 200.322). A non-federal entity that is a state agency or agency of a political subdivision of a state and its contractors must comply with Section 6002 of the Solid Waste Disposal Act, as amended by the Resource Conservation

222Exhibit 2

091521-NAF

Rev. 3/2021 17

and Recovery Act. The requirements of Section 6002 include procuring only items designated in guidelines of the Environmental Protection Agency (EPA) at 40 C.F.R. § 247 that contain the highest percentage of recovered materials practicable, consistent with maintaining a satisfactory level of competition, where the purchase price of the item exceeds $10,000 or the value of the quantity acquired during the preceding fiscal year exceeded $10,000; procuring solid waste management services in a manner that maximizes energy and resource recovery; and establishing an affirmative procurement program for procurement of recovered materials identified in the EPA guidelines.

M. FEDERAL SEAL(S), LOGOS, AND FLAGS. The Supplier not use the seal(s), logos, crests, or reproductions of flags or likenesses of Federal agency officials without specific pre-approval.

N. NO OBLIGATION BY FEDERAL GOVERNMENT. The U.S. federal government is not a party to this Contract or any purchase by an Participating Entity and is not subject to any obligations or liabilities to the Participating Entity, Supplier, or any other party pertaining to any matter resulting from the Contract or any purchase by an authorized user.

O. PROGRAM FRAUD AND FALSE OR FRAUDULENT STATEMENTS OR RELATED ACTS. The Contractor acknowledges that 31 U.S.C. 38 (Administrative Remedies for False Claims and Statements) applies to the Supplier’s actions pertaining to this Contract or any purchase by a Participating Entity.

P. FEDERAL DEBT. The Supplier certifies that it is non-delinquent in its repayment of any federal debt. Examples of relevant debt include delinquent payroll and other taxes, audit disallowance, and benefit overpayments.

Q. CONFLICTS OF INTEREST. The Supplier must notify the U.S. Office of General Services, Sourcewell, and Participating Entity as soon as possible if this Contract or any aspect related to the anticipated work under this Contract raises an actual or potential conflict of interest (as described in 2 C.F.R. Part 200). The Supplier must explain the actual or potential conflict in writing in sufficient detail so that the U.S. Office of General Services, Sourcewell, and Participating Entity are able to assess the actual or potential conflict; and provide any additional information as necessary or requested.

R. U.S. EXECUTIVE ORDER 13224. The Supplier, and its subcontractors, must comply with U.S. Executive Order 13224 and U.S. Laws that prohibit transactions with and provision of resources and support to individuals and organizations associated with terrorism.

S. PROHIBITION ON CERTAIN TELECOMMUNICATIONS AND VIDEO SURVEILLANCE SERVICES OR EQUIPMENT. To the extent applicable, Supplier certifies that during the term of this Contract it will comply with applicable requirements of 2 C.F.R. § 200.216.

T. DOMESTIC PREFERENCES FOR PROCUREMENTS. To the extent applicable, Supplier certifies that during the term of this Contract will comply with applicable requirements of 2 C.F.R. § 200.322.

223Exhibit 2

091521-NAF

Rev. 3/2021 18

22. CANCELLATION

Sourcewell or Supplier may cancel this Contract at any time, with or without cause, upon 60 days’ written notice to the other party. However, Sourcewell may cancel this Contract immediately upon discovery of a material defect in any certification made in Supplier’s Proposal. Cancellation of this Contract does not relieve either party of financial, product, or service obligations incurred or accrued prior to cancellation.

Sourcewell 72 Hour LLC dba: National Auto
Fleet Group

By: __________________________ By: __________________________ Jeremy Schwartz Jesse Cooper
Title: Chief Procurement Officer Title: Fleet Manager

Date: ________________________

Approved:

By: __________________________
Chad Coauette
Title: Executive Director/CEO

Date: ________________________

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Bid Number: RFP 091521 Vendor Name: 72 HOUR LLC

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Bid Number: RFP 091521 Vendor Name: 72 HOUR LLC

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Rev. 3/2021 Sourcewell RFP #091521
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Page 1 ends

Bell Gardens City CouncilAugust 14, 2023

Bell Gardens City Council
August 14, 2023