Agenda packet — Bell Gardens City Council, September 25, 2023 (part 2 of 3)

PASSED, APPROVED AND ADOPTED this 25th day of September 2023.

THE CITY OF BELL GARDENS

________________________________
Francis De Leon Sanchez, Mayor

APPROVED AS TO FORM: ATTEST:

________________________________ ________________________________ Stephanie Vasquez Daisy Gomez
City Attorney City Clerk

205Exhibit 1

Resolution No. 2023-79
2 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:
__________________________
Daisy Gomez
City Clerk

206Exhibit 1

1 2023

PROFESSIONAL SERVICES AGREEMENT
(Engagement: Community Engagement Tool – City Mobile App) (Parties: GOGov and City of Bell Gardens)

THIS PROFESSIONAL SERVICES AGREEMENT (hereinafter, “Agreement”) is made and entered into this ___________ day of __________________ 2023 (hereinafter, the “Effective Date”) by and between the CITY OF BELL GARDENS, a municipal corporation (hereinafter, “CITY”) and GOGOV (hereinafter, “CONSULTANT”). For the purposes of this Agreement, CITY and CONSULTANT may be referred to collectively by the capitalized term “Parties.” The capitalized term “Party” may refer to CITY or CONSULTANT interchangeably, as appropriate.

RECITALS

WHEREAS, CITY requires professional consulting services for the community engagement tool – City Mobile App; and

WHEREAS, CITY has undergone a Request for Proposals (“RFP”) process in accordance with the CITY’s Purchasing Policy; and

WHEREAS, CITY staff has determined that CONSULTANT possesses the experience, skills and training necessary to competently provide such services to CITY; and

WHEREAS, the execution of this Agreement was approved by the Bell Gardens City Council at its Regular Meeting of September 25, 2023.

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

ENGAGEMENT TERMS

1.1 TERM: This Agreement shall have a term of three (3) commencing from the Effective Date through September 24, 2026 (hereinafter, the “Term”). The Term of the Agreement may be extended by the CITY subject to its same terms and conditions for a maximum of two (2) one -year extensions, provided the CITY issues written notice of its intent to extend the Term of the Agreement prior to the expiration of the initial Term. Nothing in this Section shall operate to prohibit or otherwise restrict the CITY’s ability to terminate this Agreement at any time for convenience or for cause as provided under Article V (Termination), below.

1.2 SCOPE OF WORK:

A. Subject to the terms and conditions of this Agreement, CONSULTANT agrees to provide the services and tasks described in that certain Request for Proposals of CITY entitled “City of Bell Gardens Request for Proposal 207Exhibit 2

2 for Community Engagement Tool – City Mobile App” (hereinafter, “CITY RFP”) dated August 24, 2023 and the written proposal of CONSULTANT entitled “GOGov Response to City of Bell Gardens, CA – RPF for Community Engagement Tool – City Mobile App” (hereinafter, the “CONSULTANT PROPOSAL”) dated August 30, 2023. The CITY RFP and the CONSULTANT PROPOSAL are attached and incorporated hereto as Exhibit “A” and “B” respectively. The term “Scope of Work” shall be a collective reference to the CITY RFP and the CONSULTANT PROPOSAL.

The capitalized term “Work” shall be a collective reference to all the various services and tasks referenced in the Scope of Work. In the event of any conflict or inconsistency between the provisions of the document entitled CITY RFP and the provisions of the document entitled CONSULTANT PROPOSAL, the requirements of the document entitled CITY RFP shall govern and control but only to the extent of the conflict or inconsistency and no further. In the event of any conflict or inconsistency between the provisions of the Scope of Work and the provisions of this Agreement to which the Scope of Work is attached, the provisions of this Agreement shall govern and control.

1.3 PROSECUTION OF WORK:

A. CONSULTANT shall perform Work continuously and with due diligence so as to complete the Work within the Term of this Agreement;

B. CONSULTANT shall cooperate with CITY and in no manner interfere with the work of CITY, its employees or other consultants, contractors or agents;

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

D. CONSULTANT shall at all times enforce strict discipline and good order among CONSULTANT’s employees; and

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

1.4 COMPENSATION: CONSULTANT shall perform the Work in accordance with “Project Budget/Cost” (hereinafter, the “Fee Schedule”) which attached and incorporated to Exhibit “B”. The foregoing notwithstanding, CONSULTANT’s annual compensation for the performance of all Work contemplated under this Agreement, will not exceed the total annual budgeted aggregate sum of TWENTY- FOUR THOUSAND ONE HUNDRED EIGHTY DOLLARS ($24,180) (hereinafter, the “Annual Not-to-Exceed Sum”) during the prosecution of this Agreement, unless such added expenditure is first approved by the City Council. In the event CONSULTANT’s charges are projected to exceed the Annual Not-to-Exceed Sum prior to the expiration of this Agreement, CITY may suspend CONSULTANT’s performance pending CITY approval of any anticipated expenditures in excess of the Annual Not-to-Exceed Sum or any other CITY approved amendment to the 208Exhibit 2

3 compensation terms of this Agreement.

1.5 PAYMENT OF COMPENSATION: Following the conclusion of the Work requested in Section 1.2, CONSULTANT shall submit to CITY an itemized invoice indicating the services performed and tasks completed during the recently concluded calendar month, including services and tasks performed and the reimbursable out - of-pocket expenses incurred. If the amount of CONSULTANT’s compensation is a function of hours worked by CONSULTANT’s personnel, the invoice should indicate the number of hours worked, the persons responsible for performing the Work, the rate of compensation at which such services and tasks were performed, the subtotal for each task and service performed and a grand total for all services performed. Within thirty (30) calendar days of receipt of each invoice, CITY will notify CONSULTANT in writing of any disputed amounts included in the invoice.

Within forty-five (45) calendar days of receipt of each invoice, CITY will pay all undisputed amounts included on the invoice. CITY will not withhold applicable taxes or other authorized deductions from payments made to CONSULTANT.

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

1.7 ABANDONMENT BY CONSULTANT: In the event CONSULTANT ceases to perform the Work agreed to under this Agreement or otherwise abandons the undertaking contemplated herein prior to the expiration of this Agreement or prior to completion of any or all tasks set forth in the Scope of Work, CONSULTANT will deliver to CITY immediately and without delay, all materials, records and other work product prepared or obtained by CONSULTANT in the performance of this Agreement. Furthermore, CONSULTANT will only be compensated for the reasonable value of the services, tasks and other Work performed up to the time of cessation or abandonment, less a deduction for any damages, costs or additional expenses which CITY may incur as a result of CONSULTANT’s cessation or abandonment.

II.

PERFORMANCE OF AGREEMENT

2.1 CITY’S REPRESENTATIVE: The CITY hereby designates Hailes H. Soto, Assistant to the City Manager (hereinafter, the “City Representative”), to act as its representative for the performance of this Agreement. The City Representative or their designee will act on behalf of the CITY for all purposes under this Agreement.

CONSULTANT will not accept directions or orders from any person other than the City Representative or their designee.

2.2 CONSULTANT REPRESENTATIVE: CONSULTANT hereby designates Joseph Palladino, Manager/Customer Success, to act as its representative for the 209Exhibit 2

4 performance of this Agreement (hereinafter, “Consultant Representative”).

Consultant Representative will have full authority to represent and act on behalf of the CONSULTANT for all purposes under this Agreement. Consultant Representative or their designee will supervise and direct the performance of the Work, using their best skill and attention, and will be responsible for all means, methods, techniques, sequences and procedures and for the satisfactory coordination of all portions of the Work under this Agreement. Notice to the Consultant Representative will constitute notice to CONSULTANT.

2.3 COORDINATION OF SERVICE; CONFORMANCE WITH REQUIREMENTS:

CONSULTANT agrees to work closely with CITY staff in the performance of the Work and this Agreement and will be available to CITY staff and the City Representative at all reasonable times. All work prepared by CONSULTANT will be subject to inspection and approval by City Representative or their designees.

2.4 STANDARD OF CARE; PERFORMANCE OF EMPLOYEES: CONSULTANT represents, acknowledges and agrees to the following:

A. CONSULTANT will perform all Work skillfully, competently and to the highest standards of CONSULTANT’s profession;

B. CONSULTANT shall at all times employ such force, plant, materials, and tools as will be sufficient in the opinion of the CITY to perform the Services within the time limits established, and as provided herein. It is understood and agreed that said tools, equipment, apparatus, facilities, labor, and material shall be furnished and said Services performed and completed as required by the Agreement, and subject to the approval of the CITY’s authorized representative;

C. CONSULTANT will perform all Work in a manner reasonably satisfactory to the CITY;

D. CONSULTANT will comply with all applicable federal, state and local laws and regulations, including the conflict of interest provisions of Government Code Section 1090 and the Political Reform Act (Government Code Section 81000 et seq.). CONSULTANT shall be liable for all violations of such laws and regulations in connection with Services. If CONSULTANT performs any work knowing it to be contrary to such laws, rules and regulations, CONSULTANT shall be solely responsible for all costs arising therefrom;

E. CONSULTANT understands the nature and scope of the Work to be performed under this Agreement as well as any and all schedules of performance;

F. All of CONSULTANT’s employees and agents possess sufficient skill, knowledge, training and experience to perform those services and tasks assigned to them by CONSULTANT; and

G. All of CONSULTANT’s employees and agents (including, but not limited to, 210Exhibit 2

5 subcontractors and subconsultants) possess all licenses, permits, certificates, qualifications and approvals of whatever nature that are legally required to perform the tasks and services contemplated under this Agreement and all such licenses, permits, certificates, qualifications and approvals will be maintained throughout the term of this Agreement and made available to CITY for copying and inspection.

The Parties acknowledge and agree that CONSULTANT will perform, at CONSULTANT’s own cost and expense and without any reimbursement from CITY, any services necessary to correct any errors or omissions caused by CONSULTANT’s failure to comply with the standard of care set forth under this Section or by any like failure on the part of CONSULTANT’s employees, agents, contractors, subcontractors and subconsultants. Such effort by CONSULTANT to correct any errors or omissions will be commenced immediately upon their discovery by either Party and will be completed within seven (7) calendar days from the date of discovery or such other extended period of time authorized by the City Representative in writing and in their sole and absolute discretion. The Parties acknowledge and agree that CITY’s acceptance of any work performed by CONSULTANT or on CONSULTANT’s behalf will not constitute a release of any deficiency or delay in performance. The Parties further acknowledge, understand and agree that CITY has relied upon the foregoing representations of CONSULTANT, including but not limited to the representation that CONSULTANT possesses the skills, training, knowledge and experience necessary to perform the Work skillfully, competently and to the highest standards of CONSULTANT’s profession.

2.5 ASSIGNMENT: The skills, training, knowledge and experience of CONSULTANT are material to CITY’s willingness to enter into this Agreement. Accordingly, CITY has an interest in the qualifications and capabilities of the person(s) who will perform the services and tasks to be undertaken by CONSULTANT or on behalf of CONSULTANT in the performance of this Agreement. In recognition of this interest, CONSULTANT agrees that it will not assign or transfer, either directly or indirectly or by operation of law, this Agreement or the performance of any of CONSULTANT’s duties or obligations under this Agreement without the prior written consent of the CITY. In the absence of CITY’s prior written consent, any attempted assignment or transfer will be ineffective, null and void and will constitute a material breach of this Agreement.

2.6 SUBSTITUTION OF KEY PERSONNEL: CONSULTANT has represented to CITY that certain key personnel will perform and coordinate the Services under this Agreement. Should one or more of such personnel become unavailable, CONSULTANT may substitute other personnel of at least equal competence upon written approval of CITY. In the event that CITY and CONSULTANT cannot agree as to the substitution of key personnel, CITY shall be entitled to terminate this Agreement for cause. As discussed below, any personnel who fail or refuse to perform the Services in a manner acceptable to the CITY, or who are determined by the CITY to be uncooperative, incompetent, a threat to the adequate or timely completion of the Project or a threat to the safety of persons or property, shall be promptly removed from the Project by the CONSULTANT at 211Exhibit 2

6 the request of the CITY.

2.7 CONTROL AND PAYMENT OF SUBORDINATES; INDEPENDENT
CONTRACTOR: The Work will be performed by CONSULTANT or under CONSULTANT’s strict supervision. CONSULTANT will determine the means, methods and details of performing the Work subject to the requirements of this Agreement. CITY retains CONSULTANT on an independent contractor basis and not as an employee. CONSULTANT reserves the right to perform similar or different services for other principals during the term of this Agreement, provided such work does not unduly interfere with CONSULTANT’s competent and timely performance of the Work contemplated under this Agreement and provided the performance of such services does not result in the unauthorized disclosure of CITY’s confidential or proprietary information. Any additional personnel performing the Work under this Agreement on behalf of CONSULTANT are not employees of CITY and will at all times be under CONSULTANT’s exclusive direction and control. CONSULTANT will pay all wages, salaries and other amounts due to such personnel and will assume responsibility for all benefits, payroll taxes, Social Security and Medicare payments and the like. CONSULTANT will be responsible for all reports and obligations respecting such additional personnel, including, but not limited to: Social Security taxes, income tax withholding, unemployment insurance, disability insurance, workers’ compensation insurance and the like.

2.8 REMOVAL OF EMPLOYEES OR AGENTS: If any of CONSULTANT’s officers, employees, agents, contractors, subcontractors or subconsultants is determined by the City Representative to be uncooperative, incompetent, a threat to the adequate or timely performance of the tasks assigned to CONSULTANT, a threat to persons or property, or if any of CONSULTANT’s officers, employees, agents, contractors, subcontractors or subconsultants fail or refuse to perform the Work in a manner acceptable to the CITY, such officer, employee, agent, contractor, subcontractor or subconsultant will be promptly removed by CONSULTANT and will not be reassigned to perform any of the Work.

2.9 COMPLIANCE WITH LAWS: CONSULTANT will keep itself informed of and in compliance with all applicable federal, state or local laws to the extent such laws control or otherwise govern the performance of the Work. CONSULTANT’s compliance with applicable laws will include, without limitation, compliance with all applicable Cal/OSHA requirements and applicable regulations of the Federal Department of Housing and Urbanization.

2.10 NON-DISCRIMINATION: CONSULTANT represents that it is an equal opportunity employer and it shall not discriminate against any subconsultant, employee or applicant for employment because of race, religion, color, national origin, handicap, ancestry, sex or age. Such non -discrimination shall include, but not be limited to, all activities related to initial employment, upgrading, demotion, transfer, recruitment or recruitment advertising, layoff or termination.

2.11 INDEPENDENT CONTRACTOR STATUS: The Parties acknowledge, understand and agree that CONSULTANT and all persons retained or employed by CONSULTANT are, and will at all times remain, wholly independent contractors 212Exhibit 2

7 and are not officials, officers, employees, departments or subdivisions of CITY.

CONSULTANT will be solely responsible for the negligent acts and/or omissions of its employees, agents, contractors, subcontractors and subconsultants.

CONSULTANT and all persons retained or employed by CONSULTANT will have no authority, express or implied, to bind CITY in any manner, nor to incur any obligation, debt or liability of any kind on behalf of, or against, CITY, whether by contract or otherwise, unless such authority is expressly conferred to CONSULTANT under this Agreement or is otherwise expressly conferred by CITY in writing.

III.

INSURANCE

3.1 DUTY TO PROCURE AND MAINTAIN INSURANCE: Prior to the beginning of and throughout the duration of the Work, CONSULTANT will procure and maintain policies of insurance that meet the requirements and specifications set forth under this Article. CONSULTANT will procure and maintain the following insurance coverage, at its own expense:

A. Commercial General Liability Insurance: CONSULTANT will procure and maintain Commercial General Liability Insurance (“CGL Coverage”) as broad as Insurance Services Office Commercial General Liability coverage (occurrence Form CG 0001) or its equivalent. Such CGL Coverage will have minimum limits of no less than One Million Dollars ($1,000,000.00) per occurrence and Two Million Dollars ($2,000,000.00) in the general aggregate for bodily injury, personal injury, property damage, operations, products and completed operations, and contractual liability.

B. Automobile Liability Insurance: CONSULTANT will procure and maintain Automobile Liability Insurance as broad as Insurance Services Office Form Number CA 0001 covering Automobile Liability, Code 1 (any auto). Such Automobile Liability Insurance shall have minimum limits of no less than One Million Dollars ($1,000,000.00) per accident for bodily injury and property damage.

C. Workers’ Compensation Insurance/ Employer’s Liability Insurance: A policy of workers’ compensation insurance in such amount as will fully comply with the laws of the State of California and which will indemnify, insure and provide legal defense for both CONSULTANT and CITY against any loss, claim or damage arising from any injuries or occupational diseases occurring to any worker employed by or any persons retained by CONSULTANT in the course of carrying out the Work contemplated in this Agreement.

D. Errors & Omissions Insurance: For the full term of this Agreement and for a period of three (3) years thereafter, CONSULTANT will procure and maintain Errors and Omissions Liability Insurance appropriate to 213Exhibit 2

8 CONSULTANT’s profession. Such coverage will have minimum limits of no less than One Million Dollars ($1,000,000.00) per claim.

3.2 ADDITIONAL INSURED REQUIREMENTS: The CGL Coverage and the Automobile Liability Insurance will contain an endorsement naming the CITY and CITY’s elected and appointed officials, officers, employees, agents and volunteers as additional insureds.

3.3 REQUIRED CARRIER RATING: All varieties of insurance required under this Agreement will be procured from insurers admitted in the State of California and authorized to issue policies directly to California insureds. Except as otherwise provided elsewhere under this Article, all required insurance will be procured from insurers who, according to the latest edition of the Best’s Insurance Guide, have an A.M. Best’s rating of no less than A:VII. CITY may also accept policies procured by insurance carriers with a Standard & Poor’s rating of no less than BBB according to the latest published edition the Standard & Poor’s rating guide. As to Workers’ Compensation Insurance/ Employer’s Liability Insurance, the CITY Representative is authorized to authorize lower ratings than those set forth in this Section.

3.4 PRIMACY OF CONSULTANT’S INSURANCE: All policies of insurance provided by CONSULTANT will be primary to any coverage available to CITY or CITY’s elected or appointed officials, officers, employees, agents or volunteers. Any insurance or self-insurance maintained by CITY or CITY’s elected or appointed officials, officers, employees, agents or volunteers will be in excess of CONSULTANT’s insurance and will not contribute with it.

3.5 WAIVER OF SUBROGATION: All insurance coverage provided pursuant to this Agreement will not prohibit CONSULTANT or CONSULTANT’s officers, employees, agents, subcontractors or subconsultants from waiving the right of subrogation prior to a loss. CONSULTANT hereby waives all rights of subrogation against CITY, its officials, officers, employees, agents and volunteers.

3.6 VERIFICATION OF COVERAGE: CONSULTANT acknowledges, understands and agrees, that CITY’s ability to verify the procurement and maintenance of the insurance required under this Article is critical to safeguarding CITY’s financial well-being and, indirectly, the collective well-being of the residents of the CITY.

Accordingly, CONSULTANT warrants, represents and agrees that it will furnish CITY with original certificates of insurance and endorsements evidencing the coverage required under this Article on forms satisfactory to CITY in its sole and absolute discretion. The certificates of insurance and endorsements for each insurance policy will be signed by a person authorized by that insurer to bind coverage on its behalf, and will be on forms provided by the CITY if requested. All certificates of insurance and endorsements will be received and approved by CITY as a condition precedent to CONSULTANT’s commencement of any Work. Upon CITY’s written request, CONSULTANT will also provide CITY with certified copies of all required insurance policies and endorsements.

3.7 FAILURE TO MAINTAIN COVERAGE: In the event any policy of insurance 214Exhibit 2

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

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

IV.

INDEMNIFICATION

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

Notwithstanding the foregoing, to the extent CONSULTANT’s services are subject to Civil Code Section 2782.8, the above indemnity shall be limited, to the extent required by Civil Code Section 2782.8, to Claims that arise out of, pertain to, or relate to the negligence, recklessness, or willful misconduct of the CONSULTANT.

CONSULTANT’s obligation to indemnify shall not be restricted to insurance proceeds, if any, received by the CITY, its officials, officers, employees, agents or volunteers.

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

4.3 CITY shall have the right to offset against the amount of any compensation du e to CONSULTANT under this Agreement, any amount due to CITY from CONSULTANT as a result of CONSULTANT’s failure to either pay CITY promptly for any costs associated with CONSULTANT’s obligations to indemnify the City Indemnitees under this Article, or related to CONSULTANT’s failure to either (i) pay taxes on amounts received pursuant to this Agreement , or (ii) comply with applicable workers’ compensation laws.
215Exhibit 2

10 4.4 The obligations of CONSULTANT under this Article will not be limited by the provisions of any workers’ compensation act or similar act. CONSULTANT expressly waives its statutory immunity under such statutes or laws as to CITY and CITY’s elected and appointed officials, officers, employees, agents, and volunteers.

4.5 CONSULTANT agrees to obtain executed indemnity agreements with provisions identical to those set forth herein this Article from each and every subcontractor or any other person or entity involved by, for, with or on behalf of CONSULTANT in the performance of this Agreement. In the event CONSULTANT fails to obtain such indemnity obligations from others as required herein, CONSULTANT agrees to be fully responsible and indemnify, hold harmless and defend CITY and CITY’s elected and appointed officials, officers, employees, agents, and volun teers from and against any and all claims and losses, costs or expenses for any damage due to death or injury to any person and injury to any property resulting from any alleged intentional, reckless, negligent, or otherwise wrongful acts, errors or omissions of CONSULTANT’s subcontractors or any other person or entity involved by, for, with or on behalf of CONSULTANT in the performance of this Agreement. Such costs and expenses shall include reasonable attorneys’ fees incurred by counsel of CITY’s choice.

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

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

TERMINATION

5.1 TERMINATION WITHOUT CAUSE: CITY may immediately terminate this Agreement at any time for convenience and without cause by giving prior written notice of CITY’s intent to terminate this Agreement which notice shall specify the effective date of such termination. Upon such termination for convenience, CONSULTANT will be compensated only for those services and tasks which have been performed by CONSULTANT up to the effective date of the termination.

CONSULTANT may not terminate this Agreement except for cause as provided under Section 5.2, below. If this Agreement is terminated as provided herein, CITY may require CONSULTANT to provide all finished or unfinished Documents and Data, as defined in Section 6.1, below, and other information of any kind prepared by CONSULTANT in connection with the performance of the Work.

CONSULTANT will be required to provide such Documents and Data within fifteen 216Exhibit 2

11 (15) calendar days of CITY’s written request. No actual or asserted breach of this Agreement on the part of CITY pursuant to Section 5.2, below, will operate to prohibit or otherwise restrict CITY’s ability to terminate this Agreement for convenience as provided under this Section.

5.2 EVENTS OF DEFAULT; BREACH OF AGREEMENT:

A. In the event either Party fails to perform any duty, obligation, service or task set forth under this Agreement (or fails to timely perform or properly perform any such duty, obligation, service or task set forth under this Agreement), an event of default (hereinafter, “Event of Default”) will occur. For all Events of Default, the Party alleging an Event of Default will give written notice to the defaulting Party (hereinafter referred to as a “Default Notice”) which will specify: (i) the nature of the Event of Default; (ii) the action required to cure the Event of Default; (iii) a date by which the Event of Default will be cured, which will not be less than the applicable cure period set forth under Sections 5.2B and 5.2C, below, or if a cure is not reasonably possible within the applicable cure period, to begin such cure and diligently prosecute such cure to completion. The Event of Default will constitute a breach of this Agreement if the defaulting Party fails to cure the Event of Default within the applicable cure period or any extended cure period allowed under this Agreement.

B. CONSULTANT will cure the Event of Default within the following time periods:

i. Within ten (10) business days of CITY’s issuance of a Default Notice for any failure of CONSULTANT to timely provide CITY or CITY’s employees or agents with any information and/or written reports, documentation or work product which CONSULTANT is obligated to provide to CITY or CITY’s employees or agents under this Agreement.

Prior to the expiration of the 10-day cure period, CONSULTANT may submit a written request for additional time to cure the Event of Default upon a showing that CONSULTANT has commenced efforts to cure the Event of Default and that the Event of Default cannot be reasonably cured within the 10-day cure period. The foregoing notwithstanding, CITY will be under no obligation to grant additional time for the cure of an Event of Default under this Section 5.2B.i. that exceeds seven (7) calendar days from the end of the initial 10-day cure period; or

ii. Within fourteen (14) calendar days of CITY’s issuance of a Default Notice for any other Event of Default under this Agreement. Prior to the expiration of the 14-day cure period, CONSULTANT may submit a written request for additional time to cure the Event of Default upon a showing that CONSULTANT has commenced efforts to cure the Event of Default and that the Event of Default cannot be reasonably cured within the 14-day cure period. The foregoing notwithstanding, CITY will be under no obligation to grant additional time for the cure of an Event of Default under this Section 5.2B.ii that exceeds thirty (30) calendar 217Exhibit 2

12 days from the end of the initial 14-day cure period.

In addition to any other failure on the part of CONSULTANT to perform any duty, obligation, service or task set forth under this Agreement (or the failure to timely perform or properly perform any such duty, obligation, service or task), an Event of Default on the part of CONSULTANT will include, but will not be limited to the following: (i) CONSULTANT’s refusal or failure to perform any of the services or tasks called for under the Scope of Work; (ii) CONSULTANT’s failure to fulfill or perform its obligations under this Agreement within the specified time or if no time is specified, within a reasonable time; (iii) CONSULTANT’s and/or its employees’ disregard or violation of any federal, state, local law, rule, procedure or regulation; (iv) the initiation of proceedings under any bankruptcy, insolvency, receivership, reorganization, or similar legislation as relates to CONSULTANT, whether voluntary of involuntary; (v) CONSULTANT’s refusal or failure to perform or observe any covenant, condition, obligation or provision of this Agreement; and/or (vii) CITY’s discovery that a statement representation or warranty by CONSULTANT relating to this Agreement is false, misleading or erroneous in any material respect.

C. CITY will cure any Event of Default asserted by CONSULTANT within forty- five (45) calendar days of CONSULTANT’s issuance of a Default Notice, unless the Event of Default cannot reasonably be cured within the 45-day cure period. Prior to the expiration of the 45-day cure period, CITY may submit a written request for additional time to cure the Event of Default upon a showing that CITY has commenced its efforts to cure the Event of Default and that the Event of Default cannot be reasonably cured within the 45-day cure period. The foregoing notwithstanding, an Event of Default dealing with CITY’s failure to timely pay any undisputed sums to CONSULTANT as provided under Section 1.5, above, will be cured by CITY within five (5) calendar days from the date of CONSULTANT’s Default Notice to CITY.

D. CITY, in its sole and absolute discretion, may also immediately suspend CONSULTANT’s performance under this Agreement pending
CONSULTANT’s cure of any Event of Default by giving CONSULTANT written notice of CITY’s intent to suspend CONSULTANT’s performance (hereinafter, a “Suspension Notice”). CITY may issue the Suspension Notice at any time upon the occurrence of an Event of Default. Upon such suspension, CONSULTANT will be compensated only for those services and tasks which have been rendered by CONSULTANT to the reasonable satisfaction of CITY up to the effective date of the suspension. No actual or asserted breach of this Agreement on the part of CITY will operate to prohibit or otherwise restrict CITY’s ability to suspend this Agreement as provided herein.

E. No waiver of any Event of Default or breach under this Agreement will constitute a waiver of any other or subsequent Event of Default or breach.

No waiver, benefit, privilege, or service voluntarily given or performed by a Party will give the other Party any contractual rights by custom, estoppel, or 218Exhibit 2

13 otherwise.

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

i. Upon written notice to CONSULTANT, the CITY may immediately terminate this Agreement in whole or in part;

ii. Upon written notice to CONSULTANT, the CITY may extend the time of performance;

iii. The CITY may proceed by appropriate court action to enforce the terms of the Agreement to recover damages for CONSULTANT’s breach of the Agreement or to terminate the Agreement; or

iv. The CITY may exercise any other available and lawful right or remedy.

CONSULTANT will be liable for all legal fees plus other costs and expenses that CITY incurs upon a breach of this Agreement or in the CITY’s exercise of its remedies under this Agreement.

G. In the event CITY is in breach of this Agreement, CONSULTANT’s sole remedy will be the suspension or termination of this Agreement and/or the recovery of any unpaid sums lawfully owed to CONSULTANT under this Agreement for completed services and tasks.

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

5.4 SURVIVING ARTICLES, SECTIONS AND PROVISIONS: The termination of this Agreement pursuant to any provision of this Article or by normal expiration of its term or any extension thereto will not operate to terminate any Article, Section or provision contained herein which provides that it will survive the termination or normal expiration of this Agreement.

VI.

MISCELLANEOUS PROVISIONS

6.1 DOCUMENTS & DATA; LICENSING OF INTELLECTUAL PROPERTY: All Documents and Data will be and remain the property of CITY without restriction or 219Exhibit 2

14 limitation upon their use or dissemination by CITY. For purposes of this Agreement, the term “Documents and Data” means and includes all reports, analyses, correspondence, plans, designs, notes, summaries, strategies, charts, schedules, spreadsheets, calculations, lists, data compilations, documents or other materials developed and/or assembled by or on behalf of CONSULTANT in the performance of this Agreement and fixed in any tangible medium of expression, including but not limited to Documents and Data stored digitally, magnetically and/or electronically. This Agreement creates, at no cost to CITY, a perpetual license for CITY to copy, use, reuse, disseminate and/or retain any and all copyrights, designs, and other intellectual property embodied in all Documents and Data. CONSULTANT will require all subcontractors and subconsultants working on behalf of CONSULTANT in the performance of this Agreement to agree in writing that CITY will be granted the same right to copy, use, reuse, disseminate and retain Documents and Data prepared or assembled by any subcontractor o r subconsultant as applies to Documents and Data prepared by CONSULTANT in the performance of this Agreement.

6.2 CONFIDENTIALITY: All data, documents, discussion, or other information developed or received by CONSULTANT or provided for performance of this Agreement are deemed confidential and will not be disclosed by CONSULTANT without prior written consent by CITY. CITY will grant such consent of disclosure as legally required. Upon request, all CITY data will be returned to CITY upon the termination or expiration of this Agreement. CONSULTANT will not use CITY’s name or insignia, photographs, or any publicity pertaining to the Work in any magazine, trade paper, newspaper, television or radio production or other similar medium without the prior written consent of CITY.

6.3 FALSE CLAIMS ACT: CONSULTANT warrants and represents that neither CONSULTANT nor any person who is an officer of, in a managing position with, or has an ownership interest in CONSULTANT has been determined by a court or tribunal of competent jurisdiction to have violated the False Claims Act, 31 U.S.C., Section 3789 et seq. and the California False Claims Act, Government Code Section 12650 et seq.

6.4 NOTICES: All notices permitted or required under this Agreement will be given to the respective Parties at the following addresses, or at such other address as the respective Parties may provide in writing for this purpose:

CONSULTANT: CITY:

GOGov
1930 Veterans Memorial Highway
Suite 12-425
Islandia, NY 11749
Attn: Joseph Palladino, Manager
Customer Success

City of Bell Gardens
7100 S. Garfield Avenue
Bell Gardens, CA 90201
Attn: Hailes H. Soto, Assistant to
the City Manager

Such notices will be deemed effective when personally delivered or successfully transmitted by facsimile as evidenced by a fax confirmation slip or when mailed, 220Exhibit 2

15 forty-eight (48) hours after deposit with the United States Postal Service, first class postage prepaid and addressed to the Party at its applicable address.

6.5 COOPERATION; FURTHER ACTS: The Parties will fully cooperate with one another, and will take any additional acts or sign any additional documents as are reasonably necessary, appropriate or convenient to achieve the purposes of this Agreement.

6.6 SUBCONTRACTING: CONSULTANT will not subcontract any portion of the Work required by this Agreement, except as expressly stated herein, without the prior written approval of CITY. Subcontracts (including without limitation subcontracts with subconsultants), if any, will contain a provision making them subject to all provisions stipulated in this Agreement, including provisions relating to insurance requirements and indemnification.

6.7 CITY’S RIGHT TO EMPLOY OTHER CONSULTANTS: CITY reserves the right to employ other contractors in connection with the various projects worked upon by CONSULTANT.

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

6.9 TIME IS OF THE ESSENCE: Time is of the essence for each and every provision of this Agreement.

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

6.11 ATTORNEYS’ FEES: If either Party commences an action against the other Party, legal, administrative or otherwise, arising out of or in connection with this Agreement, the prevailing Party in such litigation will be entitled to have and recover from the losing Party reasonable attorneys’ fees and all other costs of such action.

221Exhibit 2

16 6.12 SUCCESSORS AND ASSIGNS: This Agreement will be binding on the successors and assigns of the Parties.

6.13 NO THIRD-PARTY BENEFIT: There are no intended third-party beneficiaries of any right or obligation assumed by the Parties. All rights and benefits under this Agreement inure exclusively to the Parties.

6.14 CONSTRUCTION OF AGREEMENT: This Agreement will not be construed in favor of, or against, either Party but will be construed as if the Parties prepared this Agreement together through a process of negotiation and with the advice of their respective attorneys.

6.15 SEVERABILITY: If any portion of this Agreement is declared invalid, illegal, or otherwise unenforceable by a court of competent jurisdiction, the remaining provisions will continue in full force and effect.

6.16 AMENDMENT; MODIFICATION: No amendment, modification or supplement of this Agreement will be valid or binding unless executed in writing and sig ned by both Parties, subject to CITY approval. The requirement for written amendments, modifications or supplements cannot be waived and any attempted waiver will be void and invalid.

6.17 CAPTIONS: The captions of the various articles, sections and paragraphs are for convenience and ease of reference only, and do not define, limit, augment, or describe the scope, content, or intent of this Agreement.

6.18 INCONSISTENCIES OR CONFLICTS: In the event of any conflict or inconsistency between the provisions of this Agreement and any of the exhibits attached hereto, the provisions of this Agreement will control.

6.19 ENTIRE AGREEMENT: This Agreement, including all attached exhibits, constitutes the entire, complete, final and exclusive expression of the Parties with respect to the matters addressed herein and supersedes all other agreements or understandings, whether oral or written, which may have been entered into between CITY and CONSULTANT prior to the execution of this Agreement. Any statements, representations, or other agreements, whether oral or written, made by either Party that is not embodied herein will not be valid or binding on the Parties. No amendment, modification or supplement to this Agreement will be valid and binding unless in writing and duly executed by the Parties pursuant to Sect ion

6.16, above.

6.20 FORCE MAJEURE: The Term shall be extended in the event of any delays due to unforeseeable causes beyond the control of CONSULTANT and without the fault or negligence of CONSULTANT, including but not limited to severe weather, fires, earthquakes, floods, epidemics, quarantine restrictions, riots, strikes, freight embargoes, wars, litigation, and/or acts of any governmental agency, including the CITY, if the CONSULTANT shall within three (3) calendar days of the commencement of such delay notify the City Representative in writing of the causes of the delay. The City Representative shall ascertain the facts and the 222Exhibit 2

17 extent of delay, and extend the time for performing the services for the period of the enforced delay when and if in the judgment of the City Representative such delay is justified. The City Representative’s determination shall be final and conclusive upon the parties to this Agreement. In no event shall CONSULTANT be entitled to recover damages against the CITY for any delay in the performance of this Agreement, however caused, CONSULTANT’s sole remedy being extension of the Agreement pursuant to this Section.

6.21 COUNTERPARTS: This Agreement will be executed in three (3) original counterparts each of which will be of equal force and effect. No handwritten or typewritten amendment, modification or supplement to any one counterpart will be valid or binding unless made to all three counterparts in conformity with Section

6.16, above. One fully executed original counterpart will be delivered to CONSULTANT and the remaining two original counterparts will be retained by CITY.

(SIGNATURES ON NEXT PAGE)
223Exhibit 2

18 IN WITNESS WHEREOF, the Parties hereto have caused this Agreement to be executed the day and year first appearing in this Agreement, above.

CITY OF BELL GARDENS:

By:_______________________________

Name:____________________________

Title:____________________

Date:_____________________

APPROVED AS TO FORM:

By:____________________________
Stephanie Vasquez, City Attorney

GOGOV:

By:_______________________________

Name:____________________________

Title:____________________

Date:_____________________

224Exhibit 2

19 EXHIBIT “A”

CITY RFP

225Exhibit 2

RFP Community Engagement Tool - City Mobile App Page 1 of 9

CITY OF BELL GARDENS

REQUEST FOR PROPOSAL FOR

COMMUNITY ENGAGEMENT TOOL - CITY MOBILE APP
ISSUED DATE: August 24, 2023
SUBMISSION DEADLINE: August 31, 2023, 1:00 pm
LOCATION: City of Bell Gardens, City Clerk’s Office
7100 Garfield Avenue
Bell Gardens, CA 90201
I.GENERAL INFORMATION ABOUT CITY
The City of Bell Gardens was incorporated as a general law city in 1961 and is as rich in history. It is bordered by the City of Commerce, Cudahy, Downey, South Gate, and Bell.

As of the 2020 United States Census, the City had a population of approximately 39,501 in an area of 2.4 square miles and is located in the southeastern part of Los Angeles County.

The City utilizes a city council/city manager form of government. The City Council provides political leadership and policy direction, and the City Manager works under the direction of the City Council and functions as the manager of the city employees and department heads. All City elections are governed by the California Elections Code.

II.DESCRIPTION AND SCOPE OF SERVICES NEEDED
A.

1. 2.

3. 4.

General Description: The City is soliciting proposals from qualified professionals to provide an off-the-shelf City mobile/smartphone (iOS iPhone and Android-compatible) application. The City would like to implement a mobile/smartphone application with cloud‐based CRM, a public‐facing web portal and an internal‐facing administrative dashboard, to enable and increase centralized civic engagement by the public. The mobile app will allow citizens to report issues to city departments by writing a description, submitting photos, and sending a location that is easily pinpointed on a map such as Google maps.

Project Timing: The timing of the Community Engagement Tool - City Mobile App services to be provided is as follows.

Advertisement August 24, 2023
Issuance of RFP’S August 24, 2023
Receipt of proposals August 31, 2023 at 1:00 pm
Evaluation of proposals August 31, 2023 to September
226Exhibit 2

RFP Community Engagement Tool - City Mobile App Page 2 of 9

5.Recommendation of award September 2023 to City Council

DATES OF CONSIDERATION BY CITY COUNCIL ARE TENTATIVE AND SUBJECT TO CHANGE WITHOUT NOTICE.

1. 2.

3. 4.
a.

5. 6.
a.
b.
c.

Preliminary Scope of Work: Project tasks include, but are not limited to:

Provide all services necessary to develop, take live and maintain the mobile application(s) described in proposal received in response to this RFP.

Present annual training to City staff related to functionality, user interface, owner updates, data transfer and reporting for the mobile application(s).

Supply annual hosting, updating and maintenance for the mobile application(s) over the three-year contract period.

Contractor shall retain all intellectual property rights relating to the mobile application(s) platform and functionality. The City shall retain all intellectual property rights related to mobile application(s) content and program branding. The City expressly reserves the right to develop, promote and provide similar mobile application(s) with other vendors during and after the term of this agreement.

Implement the best solution (Mobile/Smartphone Application) possible for the City, and deploy the solution to capture City related reporting and requests.

Integrate with existing work order systems through Web Services or Web Application Protocol Interface (API) standards and other applications such as GIS, content management system (CMS) and social media.

Other Work Related to Project
Contractor must work with the project team through implementation planning, testing and configuration as well as provide support for technical issues and future enhancements throughout all phases.

Contractor must provide training, preferably on‐site, for project team members and operational staff.

Contractor must work with the City Manager and Project Team to provide a marketing/communication campaign to promote the application and educate the public.

Confirm Scope of Work and Objectives and Establish a Timeline The consultant’s project team will review the scope of work with city staff, including the project objectives and tasks and confirm the timeline; review products to be delivered and identify communication channels and reporting relationships and responsibilities of project staff and establish a specific timeline for all deliverables.
227Exhibit 2

RFP Community Engagement Tool - City Mobile App Page 3 of 9

D.Mobile Application Specifications and Requirements: The application to be developed for the City of Bel Gardens must meet the following specifications and requirements:

1. Price to download
Free download in Apple and Android stores

2. Login Authentication
a.
b.

Users to login to the app using their Facebook account, Google account, email or phone
Users must provide zip code one-time upon first login

3. Languages
a.The app user interface shall be natively bilingual (English and Spanish)

4. Push Notifications for City Mobile App
a.
b.

Ability for City of Bell Gardens to promote events and send emergency notifications to mobile app users
Messages to be viewed in an inbox setting within the app

5. Geo-fencing
a.Geo-tag work orders and add pictures on a mobile device.

6. Integration of City of Bell Gardens Website and Social Media Channels
a.Include links to www.bellgardens.org , and City of Bell Gardens / Bell Gardens Recreation / Bell Gardens Police social media channels (Facebook, Instagram, Threads, X, YouTube, Flickr)

7. Data Management Console & Reporting
a.
b.
c.
d.

Workflow System – Streamline data collection and sharing by automatically routing work orders to the correct department based on category, etc.

An easy to use, web-based console for City staff to update content and schedule push notifications
Ability to pull reports and data including, but not limited to: # of downloads, user data , interaction rates
Ability to provide app users with updates on the status of their inquiries and service requests

8. Supported Devices:
a.The application must be supported by iPhone & iPad/iOS and Android Phone & Tablets

9. Hosting and Service
a.Service provider must provide hosting and service for the platform. 228Exhibit 2

RFP Community Engagement Tool - City Mobile App Page 4 of 9

b.
c.

Identify hosting service provider (ie Azure, AWS, etc.) Identify data security policy and procedures

10. Support and Maintenance
a.
b.
c.

Service provider to manage the process (end-to-end) for uploading the app to the various app stores upon launch and making any requested changes needed for approval
Regular maintenance to fix bugs, improve features and stay relevant with new technologies (i.e. updates to operating systems like Apple’s iOS and Google’s Android or changes in screen size)
Provide technical support to City staff who use push notifications

11. Logout and Privacy Policy
a.
b.

Ability for users to logout, rate the app, and send City of Bell Gardens feedback
App developer to provide privacy policy to include upon logout

12. The mobile app should contain these categories:
a.
i.
ii.
iii.
iv.
v.
vi.
vii.
viii.
ix.
x.
xi.
xii.
xiii.
xiv.
xv.
xvi.
xvii.
xviii.
xix.

Report New Issue and Requests
public safety
trash
high grass/weeds
code enforcement
Dial-A-Ride
pothole
power outage notifications
utilities
water leak or sewer
street and sidewalk repairs
streetlight out
street sign or marking issue
graffiti
planning & inspection
non-emergency public safety
animal control
Recreation program registration
permits
Rent stabilization housing registration
b. Event Calendar
i.Sync the event calendar from www.bellgardens.org website c. City Services
i.Contains a list of common city services with links to information pages on the city website and forms.
229Exhibit 2

RFP Community Engagement Tool - City Mobile App Page 5 of 9

d. City News
i.Easily links to news articles on the city website
e. City Website
i.Embeddable iFrame technologies to easily integrate city website functions.
f. Contact City
i.It would contain ways to contact the city
g. Track Requests
i.Contains a workflow tracker to make certain that reported issues are addressed.
h. Social Media
i.Contains links to various city social media sites.

13. The app platform should:
a.
b.
c.
d.
e.
f.
g.
be highly customizable with city brand, color scheme and customer service features.
provide its own customer request management system or integrate with existing work order management systems.
have flexibility to add or delete information 24/7 as needed by city staff.
have the ability to display information in English and Spanish.

Allow push notifications.

Offer an easy-to-understand dashboard for staff to track submittals, create reports, and analyze use.
offer timely and qualified customer support staff once launched

14. The CRM should:
a.
b.
c.
d.
allow for easy request submission by customers and 24/7 access for staff to services and information through the fully searchable knowledge base.
automatically route request to the correct department and staff for resolution, or integrate into existing CRM technology.
allow work crews to access their assignments in the field, update their progress, and track labor and material costs.
provide a single front door for citizens that connects all our backend systems.

III. MINIMUM QUALIFICATIONS
To be considered for selection, proposers must demonstrate knowledge and experience in the following areas: California local government procedures; performing high quality work in a timely and efficient manner.
230Exhibit 2

RFP Community Engagement Tool - City Mobile App Page 6 of 9

IV. PROPOSAL CONTENT AND SUBMITTAL INSTRUCTIONS
A.

C.
1)
2)
3)
4)
5)
6)
7)
D.
1)
Deadline: Proposals must be received no later than 1:00 PM on Thursday, August 31, 2023.

Location: Proposals can be submitted via [email protected] to the City Clerk’s Office at 7100 Garfield Avenue, Bell Gardens, CA 90201, up to the hour of 1:00 p.m. on August 31, 2023. Proposals received after this time will be considered to be non-responsive.

Content: Proposals must be clearly labeled “City of Bell Gardens – Community Engagement Tool - City Mobile App” and include the following information:

Firm profile and qualifications including specific experience app development and deployment in California, with number of government agencies represented and success rate.

Recommended project approach and specific project steps including the use of any subcontractors and/or partners
Proposed schedule of work.

Expectations of the type and amount of tasks/support requested of City staff to assist in the process.

Identification of the project manager and key staff members who will be assigned to the daily work of the project; include the qualifications and relevant experience for the identified team members.

Project budget and total cost of service for community engagement tool - City Mobile App, itemized to the extent possible and including a fee schedule for additional services.

Complete contact information for a minimum of two recent clients for whom similar services described in the RFP have been performed.

Submission: Proposals must be complete and received by the due date. Late submissions or delivery via facsimile will not be considered. The City assumes no responsibility for delays caused by mail or delivery service. Postmarking by the due date will not substitute for actual receipt. Proposals may be submitted as follows:

Electronic: Proposals must be submitted in PDF format via [email protected] up to the hour of 1:00 p.m. on Thursday, August 31, 2023. Only require one copy of the entire proposal is necessary. 231Exhibit 2

RFP Community Engagement Tool - City Mobile App Page 7 of 9 V. POINT OF CONTACT
This RFP is issued by the City, and the City Manager and Assistant to the City Manager will be the points of contact (“Point of Contact”) during the RFP submission and procurement process. Communications initiated by respondents to this RFP with members of the City Council, or officers, personnel or employees of the City, other than via the Points of Contact, may be grounds for disqualification. Any inquiries or requests during this submission or procurement process shall be submitted in writing to the following Point of Contact:

City of Bell Gardens
Attention: Hailes H. Soto, Assistant to the City Manager 7100 Garfield Avenue
Bell Gardens, CA 90201
(562) 806-7700 ext. 7702
Email: [email protected]
VI. EX PARTE COMMUNICATIONS
Proposers and Proposers’ representatives should not communicate with the City Council members about this RFP. In addition, Proposers and Proposers’ representatives should not communicate outside the procedures set forth in this RFP with an officer, employee or agent of the City, including any member of the evaluation panel, with the exception of the RFP Facilitator and the City Manager and Assistant to the City Manager (or their designee), regarding this RFP until after Contract Award. Proposers and their representatives are not prohibited, however, from making oral statements or presentations in public to one or more representatives of the City during a public meeting.

A "Proposer" or "Proposer's representative" includes all of the Proposer's employees, officers, directors, consultants and agents, any subcontractors or suppliers listed in the Proposer's proposal, and any individual or entity who has been requested by the Proposer to contact the City on the
Proposer's behalf.

VII. PROFESSIONAL SERVICES CONTRACT
The successful proposer will be required to enter into a professional services agreement with the City. Copies of the City’s standard professional services agreement are available upon request. Depending on the value of services to be performed, the contract may be awarded by the City Manager or City Council.

The proposal process, contract negotiations and execution, and subsequent actions will be conducted by the City in accordance with applicable law. Proposers should carefully review this document, which constitutes the formal RFP, to ensure a clear understanding of the City’s needs and objectives and scope of work.
232Exhibit 2

RFP Community Engagement Tool - City Mobile App Page 8 of 9

VIII. EVALUATION OF PROPOSALS
Proposals will be evaluated on the proposer’s ability to provide services that meet the requirements set forth in this RFP. The City reserves the right to make such investigations as it deems necessary to determine the ability of the proposer to provide services meeting a satisfactory level of performance in accordance with the City’s requirements. The proposer shall furnish such information and data for this purpose as the City may request, at no cost to the City. Interviews and presentations by one, several, or all the proposers submitting a proposal may be requested if deemed necessary to fully understand and evaluate the proposer’s capabilities and qualifications. The adequacy, depth, and clarity of the proposal will influence, to a considerable degree, its evaluation.

IX. GENERAL INSTRUCTIONS, TERMS AND CONDITIONS
A.

Proposals shall be prepared simply and economically, providing a straightforward, concise description of the proposer's ability to meet the requirements of this RFP. Emphasis shall be on the quality, completeness, clarity of content, responsiveness to the requirements, and an understanding of City’s objectives.

Proposers shall carefully read the information contained in this RFP and submit a complete response to all requirements and questions as directed. Incomplete proposals may be considered non-responsive and may be rejected in the City’s discretion.

All information, documentation, and other materials submitted in response to this solicitation are considered non-confidential and/or non-proprietary and are subject to public disclosure after the solicitation is completed.

Proposers shall prepare and develop proposals at their sole cost and expense.

The City makes no representations of any kind that an award of a contract will be made because of this RFP, or subsequent RFP. The City reserves the right to accept or reject any or all proposals, waive any formalities or minor technical inconsistencies, and/or delete any item/requirements from this RFP when deemed to be in City’s best interest.

Failure to comply with all requirements contained in this RFP may result in the rejection of a proposal.

Receipt of an addendum of the RFP by a proposal must be acknowledged by submitting the signed addendum with the proposal.

A proposal may be modified or withdrawn in person at any time before the scheduled due date, provided a receipt for the withdrawn proposal is signed by 233Exhibit 2

RFP Community Engagement Tool - City Mobile App Page 9 of 9 the proposer’s authorized representative. The City reserves the right to request proof of authorization to withdraw a proposal.

I.The City may evaluate the proposals based on the anticipated completion of all or any portion of the project. The City reserves the right to divide the project into multiple parts, to reject any and all proposals and re-solicit for new proposals, or to reject any and all proposals and temporarily or permanently abandon the project.

J.The City may, in the evaluation of proposals, request clarification from proposers regarding their proposals, obtain additional material or literature, and pursue other avenues of research as necessary to ensure that a thorough evaluation is conducted.

K.By submitting a proposal in response to this RFP, the proposer accepts the evaluation process and acknowledges and accepts that determination will require subjective judgments by the City.

L.The City of Bell Gardens expects the highest level of ethical conduct from proposers, including adherence to all applicable laws and local ordinances regarding ethical behavior.

M.If an agreement cannot be reached with the highest ranked proposer, City reserves the right to terminate negotiations with that party and enter negotiations with the next highest ranked proposer.

N.Finalists in the selection process may be asked to attend a virtual interview once the RFP process is complete.

O.Acceptance of any proposal is contingent upon the proposer’s certification and agreement by submittal of its offer, to comply and act in accordance with all provisions of the City’s Municipal Code.

P.Any explanation desired by a proposer regarding the meaning or interpretation any part of this RFP must be requested in writing and received in the City’s Office not less than five (5) calendar days prior to due date of proposals. Oral explanations or instructions given prior to the opening of the offer shall not be binding. The City shall issue any official Addendums in writing or via https://www.bellgardens.org/i-want-to/view-bids-rfps/rfps-and-bids to all proposers.
[END OF REQUEST FOR PROPOSALS]
234Exhibit 2

1 EXHIBIT A
2023

PROFESSIONAL SERVICES AGREEMENT
(Engagement: INSERT ENGAGEMENT)
(Parties: INSERT CONSULTANT NAME and City of Bell Gardens) THIS PROFESSIONAL SERVICES AGREEMENT (hereinafter, “Agreement”) is made and entered into this ___________ day of __________________ 2023 (hereinafter, the “Effective Date”) by and between the CITY OF BELL GARDENS, a municipal corporation (hereinafter, “CITY”) and INSERT CONSULTANT NAME (hereinafter, “CONSULTANT”).

For the purposes of this Agreement, CITY and CONSULTANT may be referred to collectively by the capitalized term “Parties.” The capitalized term “Party” may refer to CITY or CONSULTANT interchangeably, as appropriate.

RECITALS
WHEREAS, CITY requires professional consulting services INSERT THE KIND OF SERVICES REQUIRED; and
WHEREAS, CITY staff has determined that CONSULTANT possesses the experience, skills and training necessary to competently provide such services to CITY; and
WHEREAS, the execution of this Agreement was approved by the Bell Gardens City Council at its Regular Meeting.

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

ENGAGEMENT TERMS

1.1 TERM: This Agreement shall have a term commencing from the Effective Date through INSERT DATE (hereinafter, the “Term”). Nothing in this Section shall operate to prohibit or otherwise restrict the CITY’s ability to terminate this Agreement at any time for convenience or for cause as provided under Article V (Termination), below.

1.2 SCOPE OF WORK:

A.Subject to the terms and conditions of this Agreement, CONSULTANT agrees to provide the services and tasks described in that certain Request for Proposals of CITY entitled “INSERT TITLE OF REQUEST FOR PROPOSALS” (hereinafter, “CITY RFP”) and the written proposal of CONSULTANT entitled “INSERT TITLE OF PROPOSAL” (hereinafter, the “CONSULTANT PROPOSAL”) dated INSERT DATE OF PROPOSAL. The CITY RFP and the CONSULTANT PROPOSAL are attached and
235Exhibit 2

2 incorporated hereto as Exhibit “A” and “B” respectively. The term “Scope of Work” shall be a collective reference to the CITY RFP and the CONSULTANT PROPOSAL. The capitalized term “Work” shall be a collective reference to all the various services and tasks referenced in the Scope of Work. In the event of any conflict or inconsistency between the provisions of the document entitled CITY RFP and the provisions of the document entitled CONSULTANT PROPOSAL, the requirements of the document entitled CITY RFP shall govern and control but only to the extent of the conflict or inconsistency and no further. In the event of any conflict or inconsistency between the provisions of the Scope of Work and the provisions of this Agreement to which the Scope of Work is attached, the provisions of this Agreement shall govern and control.

B. IF NO RFP ISSUED: Subject to the terms and conditions of this Agreement, CONSULTANT agrees to provide the services and tasks described in that certain proposal of CONSULTANT entitled “INSERT TITLE OF PROPOSAL” dated INSERT DATE OF PROPOSAL (hereinafter, the “CONSULTANT Proposal”) which is attached and incorporated hereto as Exhibit “A”. CONSULTANT further agrees to furnish to CITY all labor, materials, tools, supplies, equipment, services, tasks and incidental, and customary work necessary to competently perform and timely complete the services and tasks set forth in the Scope of Work. For the purposes of this Agreement the aforementioned services and tasks set forth in the Scope of Work shall hereinafter be referred to generally by the capitalized term “Work.”

1.3 PROSECUTION OF WORK:

A. CONSULTANT shall perform Work continuously and with due diligence so as to complete the Work within the Term of this Agreement;

B. CONSULTANT shall cooperate with CITY and in no manner interfere with the work of CITY, its employees or other consultants, contractors or agents;

D. CONSULTANT shall at all times enforce strict discipline and good order among CONSULTANT’s employees; and

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

1.4 COMPENSATION: CONSULTANT shall perform the Work in accordance with “INSERT TITLE OF COMPENSATION DOCUMENT” (hereinafter, the “COMPENSATION RATE”). The foregoing notwithstanding, CONSULTANT’s total compensation for the performance of all Work contemplated under this Agreement, will not exceed the total budgeted aggregate sum of INSERT 236Exhibit 2

3 WRITTEN AMOUNT ($INSERT NUMBER) (hereinafter, the “Not-to-Exceed Sum”) during the prosecution of this Agreement, unless such added expenditure is first approved by the City Council. In the event CONSULTANT’s charges are projected to exceed the Not-to-Exceed Sum prior to the expiration of this Agreement, CITY may suspend CONSULTANT’s performance pending CITY approval of any anticipated expenditures in excess of the Not-to-Exceed Sum or any other CITY approved amendment to the compensation terms of this Agreement.

1.5 PAYMENT OF COMPENSATION: Following the conclusion of the work requested in Section 1.1, CONSULTANT shall submit to CITY an itemized invoice indicating the services performed and tasks completed during the recently concluded calendar month, including services and tasks performed and the reimbursable out- of-pocket expenses incurred. If the amount of CONSULTANT’s compensation is a function of hours worked by CONSULTANT’s personnel, the invoice should indicate the number of hours worked, the persons responsible for performing the Work, the rate of compensation at which such services and tasks were performed, the subtotal for each task and service performed and a grand total for all services performed. Within thirty (30) calendar days of receipt of each invoice, CITY will notify CONSULTANT in writing of any disputed amounts included in the invoice.

II.

PERFORMANCE OF AGREEMENT

2.1 CITY’S REPRESENTATIVE: The CITY hereby designates INSERT CITY REPRESENTATIVE (hereinafter, the “City Representative”) to act as its representative for the performance of this Agreement. The City Representative or 237Exhibit 2

4 their designee will act on behalf of the CITY for all purposes under this Agreement.

CONSULTANT will not accept directions or orders from any person other than the City Representative or their designee.

2.2 CONSULTANT REPRESENTATIVE: CONSULTANT hereby designates INSERT CONSULTANT REPRESENTATIVE, to act as its representative for the performance of this Agreement (hereinafter, “Consultant Representative”).

2.3 COORDINATION OF SERVICE; CONFORMANCE WITH REQUIREMENTS:

2.4 STANDARD OF CARE; PERFORMANCE OF EMPLOYEES: CONSULTANT represents, acknowledges and agrees to the following:

A. CONSULTANT will perform all Work skillfully, competently and to the highest standards of CONSULTANT’s profession;

C. CONSULTANT will perform all Work in a manner reasonably satisfactory to the CITY;

E. CONSULTANT understands the nature and scope of the Work to be performed under this Agreement as well as any and all schedules of performance;
238Exhibit 2

5 F. All of CONSULTANT’s employees and agents possess sufficient skill, knowledge, training and experience to perform those services and tasks assigned to them by CONSULTANT; and

G. All of CONSULTANT’s employees and agents (including, but not limited to, subcontractors and subconsultants) possess all licenses, permits, certificates, qualifications and approvals of whatever nature that are legally required to perform the tasks and services contemplated under this Agreement and all such licenses, permits, certificates, qualifications and approvals will be maintained throughout the term of this Agreement and made available to CITY for copying and inspection.

6 cannot agree as to the substitution of key personnel, CITY shall be entitled to terminate this Agreement for cause. As discussed below, any personnel who fail or refuse to perform the Services in a manner acceptable to the CITY, or who are determined by the CITY to be uncooperative, incompetent, a threat to the adequate or timely completion of the Project or a threat to the safety of persons or property, shall be promptly removed from the Project by the CONSULTANT at the request of the CITY.

2.10 NON-DISCRIMINATION: CONSULTANT represents that it is an equal opportunity employer and it shall not discriminate against any subconsultant, employee or applicant for employment because of race, religion, color, national origin, handicap, ancestry, sex or age. Such non-discrimination shall include, but not be 240Exhibit 2

7 limited to, all activities related to initial employment, upgrading, demotion, transfer, recruitment or recruitment advertising, layoff or termination.

CONSULTANT will be solely responsible for the negligent acts and/or omissions of its employees, agents, contractors, subcontractors and subconsultants.

III.

INSURANCE

8 D. Errors & Omissions Insurance: For the full term of this Agreement and for a period of three (3) years thereafter, CONSULTANT will procure and maintain Errors and Omissions Liability Insurance appropriate to CONSULTANT’s profession. Such coverage will have minimum limits of no less than One Million Dollars ($1,000,000.00) per claim.

9 certificates of insurance and endorsements will be received and approved by CITY as a condition precedent to CONSULTANT’s commencement of any Work. Upon CITY’s written request, CONSULTANT will also provide CITY with certified copies of all required insurance policies and endorsements.

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

IV.

INDEMNIFICATION

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

CONSULTANT’s obligation to indemnify shall not be restricted to insurance proceeds, if any, received by the CITY, its officials, officers, employees, agents or volunteers.

4.3 CITY shall have the right to offset against the amount of any compensation due to 243Exhibit 2

10 CONSULTANT under this Agreement, any amount due to CITY from CONSULTANT as a result of CONSULTANT’s failure to either pay CITY promptly for any costs associated with CONSULTANT’s obligations to indemnify the City Indemnitees under this Article, or related to CONSULTANT’s failure to either (i) pay taxes on amounts received pursuant to this Agreement, or (ii) comply with applicable workers’ compensation laws.

4.4 The obligations of CONSULTANT under this Article will not be limited by the provisions of any workers’ compensation act or similar act. CONSULTANT expressly waives its statutory immunity under such statutes or laws as to CITY and CITY’s elected and appointed officials, officers, employees, agents, and volunteers.

4.5 CONSULTANT agrees to obtain executed indemnity agreements with provisions identical to those set forth herein this Article from each and every subcontractor or any other person or entity involved by, for, with or on behalf of CONSULTANT in the performance of this Agreement. In the event CONSULTANT fails to obtain such indemnity obligations from others as required herein, CONSULTANT agrees to be fully responsible and indemnify, hold harmless and defend CITY and CITY’s elected and appointed officials, officers, employees, agents, and volunteers from and against any and all claims and losses, costs or expenses for any damage due to death or injury to any person and injury to any property resulting from any alleged intentional, reckless, negligent, or otherwise wrongful acts, errors or omissions of CONSULTANT’s subcontractors or any other person or entity involved by, for, with or on behalf of CONSULTANT in the performance of this Agreement. Such costs and expenses shall include reasonable attorneys’ fees incurred by counsel of CITY’s choice.

4.8 [ONLY USE IF FOR DESIGN PROFESSIONALS]WORK OF CONSULTANT’S DESIGN PROFESSIONALS SERVICES: The duty to indemnify, defend and hold harmless as set forth under this subsection shall apply to the negligence, recklessness or willful misconduct of any individual who qualifies as a “design professional” within the meaning of subsection (c)(2) of Section 2782.8 of the California Civil Code in so far as such negligence, recklessness or willful misconduct occurs in the performance, work or activities that must be performed by a “design professional.” Subject to the limitation of the preceding sentence, to the fullest extent permitted by law, CONSULTANT shall immediately defend and 244Exhibit 2

11 indemnify and hold harmless the City Indemnities, defined above, from and against any and all liability, loss, damage, expense, cost (including without limitation reasonable attorneys’ fees, expert fees and all other costs and fees of litigation) of every nature arising out of the negligence, recklessness, or willful misconduct of CONSULTANT or any of CONSULTANT’s officers, employees, servants, agents, contractors, subcontractors or authorized volunteers or any other person or entity involved by, for, or with or on behalf of CONSULTANT in the performance of design professional services under this Agreement. The Parties understand and agree that the duty of CONSULTANT to indemnify, defend and hold harmless pursuant to this subsection includes the duty to defend as set forth in Section 2778 of the California Civil Code. CONSULTANT’s obligation to indemnify applies unless it is finally adjudicated that the liability was caused by the sole active negligence or sole willful misconduct of an indemnified party. If it is finally adjudicated that liability is caused by the comparative active negligence or willful misconduct of an indemnified party, then CONSULTANT’s indemnification obligation shall be reduced in proportion to the established comparative liability.

4.9 WORK OF ALL OTHER PERSONS/NON-DESIGN PROFESSIONALS: Except as otherwise provided under Section 4.2 of this Article, above, to the fullest extent permitted by law, CONSULTANT shall indemnify, defend and hold harmless the City Indemnitees from and against all liability, loss, damage, expense, cost (including without limitation reasonable attorneys’ fees, expert fees and all other costs and fees of litigation) of every nature to the extent caused by CONSULTANT’s negligent performance under this Agreement, including but not limited to the negligent acts, errors or omissions of CONSULTANT or CONSULTANT’s officers, employees, agents, servants, contractors, subcontractors or subconsultants or the failure of the same to comply with any of the duties, obligations or standards of care set forth herein. The duty to indemnify, defend and hold harmless under this subsection shall not encompass a duty to indemnity, defend or hold harmless for liability, loss, suit, damage, expense, or cost caused by the negligence or willful misconduct of any or all of the City Indemnitees. The duty to indemnify, defend and hold harmless as set forth under this subsection is intended to encompass liabilities, losses, damages, expense and costs not otherwise subject to subsection 4.2, above.

4.10 As to the duties to indemnify under Sections 4.1 and 4.2 of this Article, above, CITY shall have the right to offset against the amount of any compensation due CONSULTANT under this Agreement any amount due CITY from CONSULTANT as a result of CONSULTANT’s failure to pay CITY promptly any indemnification arising under this Article and related to CONSULTANT’s failure to either: (i) pay taxes on amounts received pursuant to this Agreement, or (ii) comply with applicable workers’ compensation laws.

4.11 As to the duties to indemnify under Sections 4.1 and 4.2 of this Article, above, the obligations of CONSULTANT under this Article will not be limited by the provisions of any workers’ compensation act or similar act. CONSULTANT expressly waives its statutory immunity under such statutes or laws as to CITY and CITY’s elected and appointed officials, officers, employees, agents and authorized volunteers.

245Exhibit 2

12 4.12 As to the duties to indemnify under Sections 4.1 and 4.2 of this Article, above, CONSULTANT agrees to obtain executed indemnity agreements with provisions identical to those set forth here in this Article from each and every subcontractor or any other person or entity involved by, for, with or on behalf of CONSULTANT in the performance of this Agreement. In the event CONSULTANT fails to obtain such indemnity obligations from others as required herein, CONSULTANT agrees to be fully responsible and indemnify, hold harmless and defend CITY and CITY’s elected and appointed officials, officers, employees, agents and authorized volunteers from and against any and all claims and losses, costs or expenses for any damage due to death or injury to any person and injury to any property resulting from any alleged intentional, reckless, negligent, or otherwise wrongful acts, errors or omissions of CONSULTANT’s subcontractors or any other person or entity involved by, for, with or on behalf of CONSULTANT in the performance of this Agreement. Such costs and expenses shall include reasonable attorneys’ fees incurred by counsel of CITY’s choice.

4.13 As to the duties to indemnify under Sections 4.1 and 4.2 of this Article, above, CITY does not, and shall not, waive any rights that it may possess against CONSULTANT because of the acceptance by CITY, or the deposit with CITY, of any insurance policy or certificate required pursuant to this Agreement. This hold harmless and indemnification provision shall apply regardless of whether or not any insurance policies are determined to be applicable to the claim, demand, damage, liability, loss, cost or expense.

4.14 As to the duties to indemnify under Sections 4.1 and 4.2 of this Article, above, the duties to indemnify, defend and hold harmless as set forth under this Section, shall survive the early termination or normal expiration of this Agreement and shall be in addition to any other rights or remedies which the CITY may have at law or in equity.

TERMINATION

CONSULTANT will be required to provide such Documents and Data within fifteen (15) calendar days of CITY’s written request. No actual or asserted breach of this Agreement on the part of CITY pursuant to Section 5.2, below, will operate to prohibit or otherwise restrict CITY’s ability to terminate this Agreement for convenience as provided under this Section.
246Exhibit 2

13 5.2 EVENTS OF DEFAULT; BREACH OF AGREEMENT:

B. CONSULTANT will cure the Event of Default within the following time periods:

In addition to any other failure on the part of CONSULTANT to perform any 247Exhibit 2

14 duty, obligation, service or task set forth under this Agreement (or the failure to timely perform or properly perform any such duty, obligation, service or task), an Event of Default on the part of CONSULTANT will include, but will not be limited to the following: (i) CONSULTANT’s refusal or failure to perform any of the services or tasks called for under the Scope of Work; (ii) CONSULTANT’s failure to fulfill or perform its obligations under this Agreement within the specified time or if no time is specified, within a reasonable time; (iii) CONSULTANT’s and/or its employees’ disregard or violation of any federal, state, local law, rule, procedure or regulation; (iv) the initiation of proceedings under any bankruptcy, insolvency, receivership, reorganization, or similar legislation as relates to CONSULTANT, whether voluntary of involuntary; (v) CONSULTANT’s refusal or failure to perform or observe any covenant, condition, obligation or provision of this Agreement; and/or (vii) CITY’s discovery that a statement representation or warranty by CONSULTANT relating to this Agreement is false, misleading or erroneous in any material respect.

E. No waiver of any Event of Default or breach under this Agreement will constitute a waiver of any other or subsequent Event of Default or breach.

No waiver, benefit, privilege, or service voluntarily given or performed by a Party will give the other Party any contractual rights by custom, estoppel, or otherwise.

F. The duties and obligations imposed under this Agreement and the rights 248Exhibit 2

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

i. Upon written notice to CONSULTANT, the CITY may immediately terminate this Agreement in whole or in part;

ii. Upon written notice to CONSULTANT, the CITY may extend the time of performance;

iii. The CITY may proceed by appropriate court action to enforce the terms of the Agreement to recover damages for CONSULTANT’s breach of the Agreement or to terminate the Agreement; or

iv. The CITY may exercise any other available and lawful right or remedy.

CONSULTANT will be liable for all legal fees plus other costs and expenses that CITY incurs upon a breach of this Agreement or in the CITY’s exercise of its remedies under this Agreement.

VI.

MISCELLANEOUS PROVISIONS

6.1 DOCUMENTS & DATA; LICENSING OF INTELLECTUAL PROPERTY: All Documents and Data will be and remain the property of CITY without restriction or limitation upon their use or dissemination by CITY. For purposes of this Agreement, the term “Documents and Data” means and includes all reports, analyses, correspondence, plans, designs, notes, summaries, strategies, charts, 249Exhibit 2

16 schedules, spreadsheets, calculations, lists, data compilations, documents or other materials developed and/or assembled by or on behalf of CONSULTANT in the performance of this Agreement and fixed in any tangible medium of expression, including but not limited to Documents and Data stored digitally, magnetically and/or electronically. This Agreement creates, at no cost to CITY, a perpetual license for CITY to copy, use, reuse, disseminate and/or retain any and all copyrights, designs, and other intellectual property embodied in all Documents and Data. CONSULTANT will require all subcontractors and subconsultants working on behalf of CONSULTANT in the performance of this Agreement to agree in writing that CITY will be granted the same right to copy, use, reuse, disseminate and retain Documents and Data prepared or assembled by any subcontractor or subconsultant as applies to Documents and Data prepared by CONSULTANT in the performance of this Agreement.

CONSULTANT: CITY:

INSERT CONSULTANT NAME

INSERT ADDRESS

Attn: INSERT PERSON OF

CONTACT NAME
Phone: INSERT PHONE NUMBER

City of Bell Gardens
7100 S. Garfield Avenue
Attn: INSERT DEPARTMENT
Phone: 562-806-7700

Such notices will be deemed effective when personally delivered or successfully transmitted by facsimile as evidenced by a fax confirmation slip or when mailed, forty-eight (48) hours after deposit with the United States Postal Service, first class postage prepaid and addressed to the Party at its applicable address.

250Exhibit 2

17 6.5 COOPERATION; FURTHER ACTS: The Parties will fully cooperate with one another, and will take any additional acts or sign any additional documents as are reasonably necessary, appropriate or convenient to achieve the purposes of this Agreement.

6.7 CITY’S RIGHT TO EMPLOY OTHER CONSULTANTS: CITY reserves the right to employ other contractors in connection with the various projects worked upon by CONSULTANT.

6.9 TIME IS OF THE ESSENCE: Time is of the essence for each and every provision of this Agreement.

6.12 SUCCESSORS AND ASSIGNS: This Agreement will be binding on the successors and assigns of the Parties.

251Exhibit 2

18 6.13 NO THIRD-PARTY BENEFIT: There are no intended third-party beneficiaries of any right or obligation assumed by the Parties. All rights and benefits under this Agreement inure exclusively to the Parties.

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

6.16, above.

19 conclusive upon the parties to this Agreement. In no event shall CONSULTANT be entitled to recover damages against the CITY for any delay in the performance of this Agreement, however caused, CONSULTANT’s sole remedy being extension of the Agreement pursuant to this Section.

6.16, above. One fully executed original counterpart will be delivered to CONSULTANT and the remaining two original counterparts will be retained by CITY.

(SIGNATURES ON NEXT PAGE)
253Exhibit 2

20 IN WITNESS WHEREOF, the Parties hereto have caused this Agreement to be executed the day and year first appearing in this Agreement, above.

CITY OF BELL GARDENS:

By:_______________________________

Name:____________________________

Title:____________________

Date:_____________________

APPROVED AS TO FORM:

By:____________________________
Rick Olivarez, City Attorney

CONSULTANT NAME:

By:_______________________________

Name:____________________________

Title:____________________

Date:_____________________

254Exhibit 2

21 EXHIBIT “A”

CITY RFP

255Exhibit 2

22 EXHIBIT “B”

CONSULTANT PROPOSAL

256Exhibit 2

20 EXHIBIT “B”

CONSULTANT PROPOSAL

257Exhibit 2

Response to City of Bell Gardens, CA - RFP for Community Engagement Tool – City Mobile App
August 30, 2023

GoGov
1930 Veterans Memorial Highway
Suite 14-125
Islandia, NY 11749
925-456-4468
www.GoGovApps.com
258Exhibit 2

1930 Veterans Memorial Highway, Suite 12-425
Islandia, NY 11749

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RFP for Community Engagement Tool – City Mobile App

Table of Contents
1 Firm Profile & Qualifications ...................................................................................................................... 2 2 Project Approach ....................................................................................................................................... 5 3 Schedule of Work ....................................................................................................................................... 6 4 Expectations for City Staff ........................................................................................................................ 10 5 Project Team ............................................................................................................................................ 11 6 Project Budget / Cost ............................................................................................................................... 13 7 References ............................................................................................................................................... 14 8 Product Information................................................................................................................................. 15

259Exhibit 2

1930 Veterans Memorial Highway, Suite 12-425
Islandia, NY 11749

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RFP for Community Engagement Tool – City Mobile App

1 Firm Profile & Qualifications
GOGov has been a leading software provider of Citizen Request Management (CRM) software for local government for the past 16 years, with over 350 clients ranging in size from less than 5,000 to more than 2,000,000. GOGov has over 100 California Cities & Counties as clients. In LA County alone, there are 30 neighboring Cities that use GOGov. We have extensive knowledge of the way that these agencies operate. Many of the solutions features and functions were built based off of CA City processes.

GOGov offers an extremely configurable, cloud-based SaaS solution that can bend and mold to the different needs of our various clients. The solution, GORequest, which includes an agency branded mobile app, web portal & browser-based staff facing software, can be configured, and deployed within weeks, not months or years. The GOGov platform was built and developed based on the direct feedback of its customers and with one key mantra in mind – develop user friendly software that will bend to the needs of the customer’s business processes, not the other way around! The speed with which GOGov can learn City’s desired business processes, configure the software, and deploy the solution live, will likely not be found in other proposals where an application is being built from scratch. The other requirements listed related to expanding the use to other categories and request topics will also be handled with ease, as GOGov has designed it’s offering to be an agency wide solution and stands ready and waiting with knowledge, experience and proven success with other similar projects to help the City meet the requirements stated in the scope of work. GOGov believes that the best possible solution for the City is our industry leading, proposed CRM solution, GORequest.

GORequest enables government services to be available 24/7 through a variety of input portals which include the Web, mobile devices (via branded mobile apps), email, social media and the telephone. With GORequest, residents can ask questions, make service requests, and offer suggestions from the comfort of their home, office or mobile device such as the iPhone or Android, thus reducing the need to call or visit authority offices. Furthermore, residents can check the status of their requests and are automatically notified when the request is resolved. Many residents will have their questions answered with the built in, fully searchable knowledgebase, ultimately reducing the need to even submit a service request or have staff answer the same question repeatedly over the phone or at the counter. Citizens will appreciate the improved customer service, responsiveness, and communication. Should citizens still want to come visit WHA offices or call in, most GOGov clients have their customer service agents ready and waiting with the GORequest staff facing part of the software on the screen so that when an issue is verbally given to a staff member they can easily:
• Enter a partial amount of the citizen information and have the software look-up and fill-in the full profile of the citizen and see any prior requests that they’ve made. • Enter a partial amount of the address and have the software look-up and fill-in the full address and show any previous issues or requests that have taken place at that address. • Have the FAQ/Knowledgebase articles pop up on screen once they select the request type so that they can easily be reminded of key information to read back to the citizen if applicable. 260Exhibit 2

1930 Veterans Memorial Highway, Suite 12-425
Islandia, NY 11749

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RFP for Community Engagement Tool – City Mobile App

Staff can also utilize GORequest as it automates tedious tasks and enables them to better manage their workloads. Staff will get more done with less time. Key functions include:
• Email notification of tasks and deadlines
• Priority escalation and reminders
• Advanced workflow and delegation capabilities
• Simple and easy two-way communication between citizens and staff • Standard reply templates for quick and consistent correspondence • More than 20 standard reports
• Robust, easy-to-use custom reporting and scheduling tools • Configurable screens and forms
• Complete activity logging
• Integration library consisting of over a dozen different 3rd party solutions to prevent double data entry and pull in key information from system to system GOGov will become the City’s single point of entry for citizens to submit requests of all varieties.

Through the use of APIs, as requests are received, integrations to other vital City software’s, such as existing work order systems and GIS, ensure that they end up in the desired system for City staff to work from start to finish. GOGov can even keep track of the issue’s status in your existing work order system and send customizable updates back to the citizen through GOGov via push notification or email.

The agency branded mobile app will serve as a mobile front door for the City, allowing for citizens to view a variety of vital information, complete various interactions and perhaps most importantly, submit requests and issues. The app name and style will be chosen by the City. The name chosen for the app is what citizens will search for in both the Apple App Store and the Google Play store (Android). Once again leaning on our years of experience and expertise, GOGov will work with the City to suggest best practices as it relates to the marketing of the app, ultimately helping build as strong of a user base as possible.

Almost as important as having a quality solution is having the knowledge and expertise to successfully implement the solution. GOGov is uniquely qualified to deliver the advanced and hassle-free capabilities of GORequest. The firm’s founders are proven executives from leading companies like Vantive (Oracle), the inventors of customer relationship management software, Documentum (EMC/Dell), a leading document management firm, and others. As founding executives of these innovative companies, they have created industry-leading software, built reliable systems operating around the clock, year after

261Exhibit 2

1930 Veterans Memorial Highway, Suite 12-425
Islandia, NY 11749

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RFP for Community Engagement Tool – City Mobile App
year, and provided client support that is second to none. The City of Florence needs more than just a company that can build an application, it needs a long-term partner for success. A partner who can recommend best practices, recognize where unique configurations are needed and overall act in an advisory or consultative capacity for years to come. The GOGov client base, many of whom have been users of the software for 12 plus years, is a testament to how uniquely qualified GOGov is to be the City’s partner for success.

The simple SaaS pricing model will simplify this project for the City. We offer true software as a service…one annual price that includes everything that the City will need for a successful project. Not to mention that there are no upfront costs to get the project started, making the GOGov solution a no risk proposition for the City.

262Exhibit 2

1930 Veterans Memorial Highway, Suite 12-425
Islandia, NY 11749

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2 Project Approach
Implementation
The GOGov solution is more than software. In addition to the proven system, GOGov will also provide:
• Expert consulting and project management
• Configuration and implementation
• Training – remote (onsite available for an extra fee) • Extensive documentation
Together, these services provide a complete turn-key solution that is both effective and timely. The following sections provide a detailed description of these services.

Consulting and Project Management
GOGov understands that one size does not fit all. While there are standard practices, the City is unique in many ways. The company’s expert consultants take the time to understand the City’s individual needs and methodologies to devise an implementation plan. The plan will apply industry best practices to automating existing processes for improving customer service and efficiency. The team will consult with City staff throughout the implementation process and offer advice for improvements, where appropriate.

The Project Plan will take into account key milestones, the City’s individual needs, available resources, and target deadlines. GOGov will implement the plan and carefully monitor the schedule and scope to ensure the project is on-time, on-budget, and on-scope while making the process easy and trouble-free for City staff.

Configuration and Implementation
In the consulting process, the details necessary to implement the system are gathered. GOGov and the City then complete all configuration steps:
• Configuration of users, departments and security parameters • Definition of workflows, staff assignments, and processes • Configuration of services and accompanying forms
• Input of Knowledge Base content and stock replies
• Customization of screens, reports, and templates for letters and other types of correspondence GOGov will perform the initial configuration plus subsequent revisions based upon the City’s feedback.

GOGov can also provide ongoing configuration changes to the system as part of maintenance and support services.
263Exhibit 2

1930 Veterans Memorial Highway, Suite 12-425
Islandia, NY 11749

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3 Schedule of Work
CRM Project Plan - Draft
Action Items Responsible
Party Time Frame Task
Hours
> Begin Project
o Create site for client GOGov 10 minutes
o Set-up initial website GOGov 30 minutes
* Turn off Email Notifications GOGov
See task
above
> Meeting with Project Manager
o 1st meeting with Project Manager - Provide
Highlevel overview - review docs below GOGov, Client 1 hr o Email the following Intro docs to client GOGov 30 minutes * 1. Getting Started Guide - CRM Overview GOGov
See task
above
* 2. CRM Project Team Accounts GOGov
See task
above
* 3 a. Project Plan - CRM GOGov
See task
above
* 4. Send LDAP instructions if purchased GOGov
* 5. Send ESRI integration document if
purchased GOGov
o Return Project Team Contact Info Client Client Task o Import project team to create accounts (if
not LDAP) GOGov o 15 minutes
o Set Department Structure GOGov 10 mintues
o Set Department Managers for email
escalations GOGov 5 minutes
> Kick-off Meeting
o Schedule Kick-off Meeting with Project Team
Training GOGov 1 hr
o Email Project Team account info GOGov o 30 minutes
o Email FAQ Style Guide and Admin User
Guide GOGov
See Task
above
Configuration Tasks - Project Team (Dept
Reps)
264Exhibit 2

1930 Veterans Memorial Highway, Suite 12-425
Islandia, NY 11749

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RFP for Community Engagement Tool – City Mobile App
o Enter Employee accounts for their
department
Client - Project
Team 2 wks to 3 mo Client Task
o Edit, Delete or Create New Topics
Client - Project
Team 2 wks to 3 mo Client Task
* Assign Requests to an employee
(Workflows)
Client - Project
Team 2 wks to 3 mo Client Task
* Select Extra Fields for forms
Client - Project
Team 2 wks to 3 mo Client Task
o Create Stock Replies (Canned Standard
Responses)
Client - Project
Team 2 wks to 3 mo Client Task
o Review all Topics & FAQs - Designated
Reviewer
Client - Project
Manager or
equivalent Client Task
Website Configuration for Client website
o Email Webpage instructions to reference
"GOGov" Request Form and FAQ page GOGov o 5 minutes
* Create webpage for request screen and FAQ
knowledgebase Client Client Task
* Review and update Request Form and FAQ
page GOGov 10 minutes
* Match form colors with agency's website GOGov 10 minutes o Brand CRM service (ex. "Ask ") for
City website and mobile Client Client Task
* Email example logos to client GOGov 5 minutes
* Create Icon or logo to reference our Forms &
FAQ page Client Client Task
Special Items
o Email Instructions to agency IT for SPAM
Filter pass through GOGov o 5 mintues
o Customize Email Notifications Client Client Task
* Customize Welcome Email as necessary GOGov 30 minutes * Customize Citizen Email Notifications GOGov
See task
above
* Email Client Word document to edit Citizen
email Notifications GOGov
See task
above
* Return Client Word document for Citizen
Email Notications Client
See task
above
* Update citizen email templates GOGov
See task
above
* Customize employee Email Notifications as
necessary GOGov
See task
above
General Mobile Configuration - iPhone and
Android
o Schedule meeting to discuss mobile
application Client, GOGov 30 mintues
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* Upload background image for mobile app Client Client Task * Set colors for buttons and icon labels Client Client Task * Choose Icons for mobile app - ex. New Issue,
Track Issue, Knowledgebase etc… Client Client Task
* Configure additional Mobile applets - ex. City
Council contact list Client Client Task
* Download and Test application GOGov, Client 15 minutes Branded Mobile Configuration iPhone and
Android
o Schedule meeting to discuss what is needed
for Branded application GOGov, Client 15-30
minutes
* Fill out required Icon images in Admin Tools
under Branded Mobile Configuration Client Client task * Choose an Application Name for the app
store Client Client task
* Identify Search Key words for app store Client Client task o Submit configuration - Engineering will build
application GOGov 2-3 weeks
Training for Staff &/or Contractors
o Schedule Training Dates Client, GOGov O
o Inform Employees of CRM Training (Internal
Communications) Client client task
o Train Employees GOGov, Client 1 to 2 days
1 hr 30 min
per session
o Email account information to all employees GOGov GOGov o Customize and Email User Manual to
employees GOGov 30 minutes
o Optional: Internal Testing Period (Employees
Create Practice Requests, emails turned off) Client
up to 1 week
typically Client Task
Preparation for Live Product
o Set Internal Soft Launch Date (Optional) Client Client Task o Delete all practice requests and Turn on
Email Notifications GOGov 10 mintues
Internal Launch - OPTIONAL (Live system, just
no publicity to public)
o Employees enter live citizen requests - CRM
Site not on Website Client Client Task
o Mobile Application Live or Not Live
(optional) GOGov, Client O
o Inform GOGov of Workflow Adjustments Client Client Task External Launch – Full Publicity to Citizens
o Place CRM web link on City Homepage to
FAQ page and Request Form Client Client Task
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o Mobile Application Live (Remove Key to
unlock) GOGov, Client O
o Execute Communications Plan
(Recommended) Reference Communication
articles Client Client Task
System Administration Training
o Set Admin Training Dates (IT Staff) Client, GOGov
Schedule Web-ex -
1 hour 1 hr

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4 Expectations for City Staff
During the project kickoff call, the City’s dedicated trainer/project manager from GOGov will review with the core project team the information that we will need to collect to start going from where we are now to up and running live with a successful project. Generally speaking, the quicker the City can compile and share the information back to GOGov, the faster we are able to get that input into the system and have a timely implementation. Some of the early key information includes topics, staff users, assignments, app name, app graphics and departments from the City that will participate. Please see the detailed project plan in the previous section that includes key deliverables.

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5 Project Team
GOGov is proposing to the City a fully hosted, ready to configure and implement, government agency specific solution. Because of this fact, GOGov has the staff ready in our various company teams for on boarding and supporting the City.

Should the City decide to contract with GOGov, they will be assigned a dedicated project manager who will work to help get the project from idea to up and running live. This will include configuration, training and implementation. Typically, GOGov assigns project managers from our customer success team to our clients based on availability when the client signs on. However, GOGov has made accommodations internally to be able to guarantee the City a specific team member, Joe Palladino. Joe is one of our most senior team members and is extremely qualified to be working with the City on this project. You can find a copy of Joe’s resume below:

269Exhibit 2

Personal and Confidential

Joseph Palladino
Manager, Customer Success

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Employment History
GoGov, Inc. (Islandia, NY)
Manager, Customer Success (April 2019 –Present)
 Oversee daily operations, including Implementation, Support and Customer Success  Develop and deliver training programs for all products  Project Manager
 Improve customer experience by taking a proactive approach  Exceed expectations by completing project goals ahead of deadlines Granicus (Ronkonkoma, NY)
Implementation Manager (March 2014 – April 2019)
 Project Manager for over 75 clients
 Customer Success contact for troubled accounts
 Create Board Reports monthly for the Implementation and Customer Success Teams  Ensure internal communication among teams is clear and concise  Develop and deliver training programs for all products  Use HTML coding to create and modify custom templates  Prepare and send release notes and all customer communications for the Product Team  Assist in developing new software solutions that meet client’s needs  Experienced with Salesforce, JIRA/Confluence, OpenAir, Basecamp, Asana, Hipchat, Teamwork, Slack
 Proficient in Microsoft Office suite
Client References
Norwalk City, CA
Priscilla Segura. Administration (Public Information)
(562) 929-5753, [email protected]

Indio City, CA
Jason Anderson, Code Enforcement
(760) 391-4123, [email protected]

West Contra Costa Transit Authority, CA
Mike Furnary, Transit
(510) 724-3331, [email protected]
Education
 Bachelor of Science (Mathematics and Secondary Education) - St. Joseph’s College – Patchogue, NY
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6 Project Budget / Cost
At GOGov, we believe that purchasing should be as simple & predictable. Government agencies should be able to select a product with the confidence that they will not have to dip back into the budget a few short months later to add additional users, receive additional training or update configuration. Keeping those principles in mind, we offer true software as a service. One annual fee that encompasses EVERYTHING you’ll need for a successful project. Please see some highlights below:
• No Upfront Costs
• Unlimited Users
• Unlimited Departments
• Unlimited Topics
• Unlimited Workflows/ Automations
• Unlimited Data Storage
• Unlimited Remote Training for the Life of Working Together • Software Updates Included
• 24/7 Emergency Phone Support
• Self Service Online Knowledge Base
• Future Proof
Description Amount
GORequest
Citizen Request Management (CRM) – Unlimited Subscription $15,000
/year
ArcGIS
Integration to the City’s ESRI GIS System
$3,000
/year
GONotify
Citizen Notifications & Alerts – Unlimited Subscription $6,180
/year
Services: $0 Annually: $24,180

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7 References
Reference 1
Agency Name City of San Luis Obispo, CA
Point of Contact Rebecca Bernstorff – Business Services & Administrative Manager Phone Number (805) 781-7203
Email Address [email protected]

Reference 2
Agency Name City of San Dimas, CA
Point of Contact John Lee – IS Administrator
Phone Number (909) 394-6218
Email Address [email protected]

Reference 3
Agency Name City of Los Alamitos, CA
Point of Contact Michelle Muller – Management Analyst
Phone Number (562) 357-4514
Email Address [email protected]

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8 Product Information
GORequest is a CRM offering geared specifically toward government agencies that represents the next stage in the evolution of government providing superior customer service to its constituents. GORequest enables local government services to be available 24/7 through a variety of input portals which include the Web, mobile devices, email, social media and the telephone. With GORequest, residents can ask questions, make service requests, and offer suggestions from the comfort of their home, office or mobile device such as the iPhone or Android, thus reducing the need to call or visit City Hall. Furthermore, residents can check the status of their requests and are automatically notified when the request is resolved. Many residents will have their questions answered with the built in, fully searchable knowledgebase, ultimately reducing the need to even submit a service request or have staff answer the same question repeatedly over the phone or at the counter. Citizens will appreciate the improved customer service, responsiveness, and communication. Should citizens still want to come visit City Hall or call in, most GoGov clients have their customer service agents ready and waiting with the GORequest staff-facing part of the software on the screen so that when an issue is verbally given to a staff member they can easily:
• Enter a partial amount of the citizen information and have the software look-up and fill-in the full profile of the citizen and see any prior requests that they’ve made. • Enter a partial amount of the address and have the software look-up and fill-in the full address and show any previous issues or requests that have taken place at that address. • Have the FAQ/Knowledgebase articles pop up on screen once they select the request type so that they can easily be reminded of key information to read back to the citizen if applicable.

Staff can also utilize GORequest to automate tedious tasks and enable them to better manage their workloads. Staff will get more done with less time. Key functions include:

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• Email notification of tasks and deadlines
• Priority escalation and reminders
• Advanced workflow and delegation capabilities
• Simple and easy two-way communication between citizens and staff • Standard reply templates for quick and consistent correspondence • More than 20 standard reports
• Robust, easy-to-use custom reporting and scheduling tools • Configurable screens and forms
• Complete activity logging
• Integration library consisting of over a dozen different 3rd party solutions to prevent double data entry and pull in key information from system to system

The GORequest system represents a complete, intuitive, hosted solution so there is no additional hardware or software to purchase or install. The web-based tools are available from any device connected to the internet, making it available from anywhere, anytime. The simple software-as-a-service pricing model makes purchasing decisions easy for your agency; you do not have to decide on a number of seats, read-only access, or a finite number of workflows/automations as our pricing model includes unlimited topic types, automation behind topics, data storage, training, support, upgrades, and maintenance. GORequest is designed and packaged for sale to be an agency-wide solution, used by all departments. Citizens will reap the benefits of a one-stop-shop for all customer service related questions and answers, while the software’s group and role permissions (which can be managed from Active Directory with the proposed LDAP integration!) make it easy for each agency department to own and manage their piece of the process.

274Exhibit 2

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Agency Branded Mobile App
The GORequest solution comes standard with an agency branded mobile app! This app is available via both iOS and Android. Agencies can create a unique name and logo that captures their goals and resonates with citizens. That app name is what citizens will search for in their respective app stores to download this tool. Once downloaded, the app will appear on the device home screen with a unique logo and name, helping to have the agency branding resonate even more with the user. All updates and changes to the app are easily done by the agency from the administrative part of the software and do not require the end user to do an update from the app store to see the changes reflected! The mobile app is designed to serve as the digital front door for your entire agency, allowing for easy submission of service requests.

Service Request Submission Via Mobile App
The main functionality that agencies typically desire from the mobile app is simple, easy to use service request submission capability. Using the GOGov mobile app, citizens and staff alike can submit a request with only a few taps of their finger. Intuitive search capability on request topics makes it a breeze for citizens to find the topic they are looking for. Using location services, the app knows the current location of the user and when applicable, the app will automatically fill in and submit this information along with the citizen’s request.

If someone sees an issue to be reported but
doesn’t have time to open the app, they can
simply snap a photo and submit the issue
later. The GORequest software will
automatically adjust to use the photo’s
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location. The only thing left for the user to do is fill out the agency’s requested information for that topic, and submit. GOGov allows agencies to create an unlimited number of request types. As an agency, this is going to allow for the collection of the exact information each department desires. It may also lead to clutter on the mobile app, which is why GOGov allows for each agency to choose which topics are available for submission via mobile app and which are available via the web. It also means that there will be different needs for each topic in terms of exactly what type of information needs to be collected.

GORequest makes this simple with unique, unlimited
custom fields. Add custom labels to a wide variety of
field types (single select, multi-select, short text,
long text, date picker, time clock, etc.) and apply
them uniquely to their corresponding request type.

Citizens are happy because they are prompted to
enter information that will help to fill their request
faster, while the agency also wins by gathering the
correct details to route and assign the request
internally for quick resolution.

Communication and tracking ensure that staff and citizens are both on the same page regarding the request’s status. Users of the mobile app will receive push notifications confirming submission, updates to statuses of their requests, notice of closure of their request and even a direct message from staff. The collaboration tool built into the staff facing version of the software makes it simple for agency staff to directly message citizens and have them notified of that message via push notification. Citizens are then easily able to open the related request and respond back to agency staff in the collaboration area of the request. The entire conversation is 276Exhibit 2

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logged on the request record so a clear history of all communication on that specific topic is seen by both sides. Users can also easily view the status or any comments of previously submitted requests from right inside the app with a single tap.

Mobile Applets
With citizens having such a variety of apps at their disposal, GOGov wants to help your agency provide the most value possible to those citizens who choose to download and use your mobile app. In order to do this, GOGov has created a variety of applets, which are specific buttons/functions available to the citizen inside of the app, allowing the agency to provide more utility than simply submitting a request. There are two types of applets to create and setup – native and non-native.

Native Applets
GORequest has a number of different native applet offerings. An applet is considered “native” if it can be setup and configured from the system configuration part of the software. The driving force behind all the applets is to provide users of the mobile app with extremely quick and easy access to information and services offered by the agency. GORequest offers the following types of native applets:
• Single Phone List – one list of important phone numbers and their related names. • Grouped Phone List – the ability to have multiple single phone lists on one screen, broken down by group or topic as to make it easier to find the number and to not have a long scrolling list, making for a poor user experience. • Elected Officials – Citizens no longer need to search through your website to find the names and information of their elected officials. Agencies can easily fill out the following for each elected official they have at the moment: Name, Title, Photo, Email, Two Phone numbers, Info/Bio, and a URL or weblink to an external page where perhaps there is more information pertaining to that official or the area they represent. Also available in this applet is the ability to “message” the elected official. The messages are actually sent into the GORequest system as tickets, not directly to the official as an email, so that they can be tracked in terms of if they were answered and how long it took as well as to assign 277Exhibit 2

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routing. Often, elected officials are extremely busy and in order to keep up with constituent email, a chief of staff may assist in sorting and categorizing communications from citizens. GORequest can have the messages that are sent to the elected official routed right to their aides/chiefs of staff.
• Single Places List – Highlight parks, hospitals, administrative and court buildings and any other key locations within your agency so they are readily accessible to app users (even giving them directions from their current location) by entering the following for each place: Name, Address, phone, email, hours, picture, information/description and a URL to their website.
• Group Places List – the ability to add a larger number of places, broken down by category, collapsible to users to avoid long scrolling. • Facebook Feed – You’ve put a lot of work into creating and promoting your Facebook site with all of its wonderful content. Give direct access with a simple tap of an icon from right inside of the mobile app.
• Surveys – Customer satisfaction surveys are typically a standard feature of the GORequest system as requests are being submitted and completed, however many agencies want more feedback. The Surveys applet allows you as an agency to create a variety of survey questions that will live inside of this applet where citizens can give their opinion on pertinent questions that are posed by you, the agency. Of course, the survey results can be rolled up and reported later on for managerial use and decision making. • Templates – Use this applet to creation customized functionality like the ability to “Call City Hall” with the click of the icon.
• Subscribe – Want to give citizens the ability to subscribe to categories and topics of information so that they can receive updated news and events from your agency in those areas? As an agency, you can create a list of subscription topics that citizens will pick from and then use the backend of the GOGov software to create and manage content to send to each category/topic’s respective subscribers. A simple-to-use editor helps to ensure newsletter and other types of informational content creation is easy for staff to create and manage! Taking things one step further, if a citizen has ever submitted a request for a given topic and provided their email address with that request (could have 278Exhibit 2

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been voluntary or required for submission), as an agency you can send a proactive email correspondence out to anyone who has ever submitted a request on a topic or set of topics. This can be an extremely valuable piece of functionality in the event you want to get a mass message out to as many people as possible.
• Knowledge Base - How do I apply for a business license? What are the City Hall hours? What is the agencies policy regarding bulky trash pickup? The answers to these and any other question the agency wants to provide an answer to can be found in the Knowledge Base that will get setup throughout implementation and on-going use. • Track Issues – Are you an active, engaged citizen who has helped your agency by using the mobile app to report issues or ask questions? Easily track previous issues that you’ve submitted and their status with the simple press of a button.

Non-Native Applets
Non-native applets come in the form of URL’s. The concept here is to take any useful, mobile friendly content that might reside on your agency website and make it easily visible and accessible via its own applet. Simply choose the content you would like to have users’ access (for example, the news calendar on your website), copy that URL, paste it into the system configuration and name the applet, in this example, “City News”. The GORequest system contains a few hundred symbols to choose from, pick one to assign to this applet and the possibilities are endless. Great use cases include taking online services like utility billing payment and turning it into an applet that lives inside of the mobile app.

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Online Web Portal & Fully Searchable Online Knowledge Base The GORequest solution aims to
provide as many avenues as possible
for citizens to find information and
submit requests. One of the most
common ways that requests are
submitted is through the agency
website. GOGov will build, color and
provide a link to a branded iframe
that gets dropped right into the
agency website that will allow for
searching of the online knowledge
base and simple, detailed requests to
be submitted, converting the high
web traffic that most agency sites see
into possible citizen engagement.

The iframe is mobile responsive,
ensuring that no matter what device
the citizen is visiting the agency
website from, they can easily use the
GOGov web portal for request
submission.

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Web-based Request Submission
Whether it is using the “I want to…” or “How do I…” functionality of your website, or simply having a clickable icon planted right on your website’s home page, GOGov clients make it simple for citizens to find the area of the site where they can submit their requests online. Once the citizen arrives at the GOGov iframe, a simple search or browsing of categories and their topics with short descriptions ensures that citizens will easily find the topic that is best for their request. Once selected, the user fills out the simple form that populates on the page, likely including a Google map to help find and verify the address. Most users have seen and used Google maps before, so it is a familiar way to drag and drop the location pin, taking advantage of Google Map features like street view or satellite view. Users can also start to type the address manually and watch as the autofill suggestions start to fill in the address. Want to collect the most accurate information as possible to ensure fast and easy resolution? Agencies can take advantage of adding as many custom fields to the form as they would like, done on a per topic basis. Custom fields include text fields, multi selects, single selects, time of day and much more. The fields can be set to either required or optional, allowing for maximum flexibility and ease of use.

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Use Direct Calls to enhance the user experience
The GOGov system allows agencies to create direct calls to specific request topics. The concept here is to embed these forms on certain pages of your website, making it simple and easy for the citizen to submit a request for that specific topic without having to link back to the entire topic listing that exists inside of the iframe. For example, the agency might have a request topic for “abandoned vehicles”. If the agency has a portion of the website that explains what to do to report an abandoned vehicle, they can write whatever content they would like on their website and also include on that same page the specific form to submit a request for the “Abandoned Vehicle” topic. No searching or clicking through the website for the user, instead it is instant access to the information that they need.

Knowledge Base
While citizens may be visiting the GOGov web portal to search for a specific topic they would like to submit a request for, it is also likely that their submission is simply a question they are looking for an answer to. In order to help agencies provide the best user experience possible, the GORequest system comes fully equipped with a searchable knowledge base. As the agency is setting up various categories and topics for citizens to choose from, they can add detailed information to each of these topics. This information can contain paragraphs of text, phone numbers, links, hyperlinks and photos that describe in more detail information surrounding that specific request type. For example, if the citizen chooses the topic of “Residential Recycling”, instead of just having them fill out a form and submitting a question, the screen can also display a plethora of information about the agency’s recycling program. It is extremely possible that the information provided will fully answer the citizen’s question, eliminating the need for submitting a request altogether. This leaves the agency with one less question to field and more importantly, has the citizen leaving the website with all the information that they were seeking to find without having to wait for a response from the agency. 282Exhibit 2

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Have a static form on your website
for FAQ’s? Perhaps even multiple
static FAQ lists by department?
GOGov will help to eliminate those
desperate lists and consolidate all
Q&A into one, convenient location.

Not all search results need to lead to
a request submission. The agency is
encouraged to create as many topics
as desired that are essentially FAQ’s,
so that as citizens search and the
results appear, the content the
agency provided will appear. When
a citizen finds the article that best
fits their question, it is very possible
that the screen will display all of the
information listed above, however, it will not include the ability to submit a request. This could simply be an informational topic to help make the knowledge base a legitimate 24/7 citizen self- service center; as not all information that citizens seek lead to a request. Some of GOGov’s larger clients have over 500 Knowledge Base articles.

Providing additional avenues for requests – email to request As agencies look for the most convenient ways possible to allow citizens to submit requests, GOGov is here to help with email to request functionality. GOGov can help the agency configure specific email addresses to be pointed at the GORequest system and when an email is sent to that address, it will come into the system as a request. It is fully trackable, assigned to the correct person and, most importantly, doesn’t get lost in an inbox somewhere. Many agencies will use this feature for generic mailboxes, such as [email protected] – 283Exhibit 2

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allowing for even the most general of questions to make their way into the system.

311 Call Centers, Calls into City hall or Walk ups at the Counter With all of the various avenues that exist to submit a request, some of the more traditional methods must still be addressed. Whether it is staffing a 311 call center with call agents, taking random calls from citizens in any department throughout the City, or having folks physically walk into City Hall, agencies need an easy way to ensure these interactions make their way into the GORequest system. Getting these requests into the system allows for proper tracking, assignment and documenting (for public records request purposes) of all citizen interactions. The GORequest staff-facing software is the best way to make this happen.

The “New Request” screen on the staff facing part of the software is so intuitive that we’ve seen large agencies staff 311 Call Centers with agents ready and waiting on this screen to take calls and enter requests.

History Tracking
As agents take calls or staff speak with citizens at the counter, they can start to enter pieces of information into the GORequest software. Because GORequest tracks all previous interactions with a citizen or issues at a specific address, entering this information becomes extremely streamlined. The staff member can type in the last name of the citizen and a list of names will appear based on previous requests that have been entered into the system under that name. If the call agent or staff member can confirm that this person is indeed already in the system, they simply choose their name from the list and watch the rest of their information (first name, address, phone, email) autofill onto the screen.

The same type of autofill and historical tracking exists on a per address basis as well. If a staff member starts to enter the address of the request into the system and tabs out of the field, the system will look up all addresses that match that, ensure the staff member is selecting the correct one and once selected, the system will display ALL previous requests that have

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happened at that address, both open and closed. This arms the staff member with useful information, being able to confirm with the citizen previous issues at that address or perhaps confirm that there have been multiple calls/submissions for that address today that the agency is already aware of. Once the address is entered, the staff member will also have a view of a map and a pin marker showing exactly where that location is, in addition to other pin markers showing other open requests for that specific request type (i.e. if the citizen is reporting a pothole, the staff member will see on the map all other open pothole requests throughout the agency).

Staff Efficiency
So now you’ve got your citizens submitting requests – how do we know as a staff that we’ve received a request? What do we do when we get one? What if there are questions to be asked back to the Citizen? What if I need to route a request to a few staff members in order to get it completed? GORequest has the staff covered with our completely browser based, easy to learn and use staff-facing part of the software.

Automated Notifications
One of the many ways that GORequest will help to streamline the citizen request management process is by automating one of its most key components – communication. The concept behind the system design is to have both citizens and staff contribute their pieces of the puzzle, while behind the scenes the software is cooking up and serving automated emails and push notifications to ensure that citizens and staff are always in sync. For example, when a citizen submits a new request, they will receive instant confirmation on their screen, in addition to an automated email that will arrive in their inbox summarizing the details of the request and providing a link to where they can add additional information.

Alternatively, when a citizen submits a request, the staff member will receive an automated email.

The request will get assigned based on pre-set assignment rules. The email the staff member gets will reaffirm that a new request has been assigned to them, give some high-level overview 285Exhibit 2

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information about the request and, most importantly, contain a link that the staff member can click on to launch a web browser, log into our software and see the open request screen for that specific request.

If the citizen has some additional information to add to their request or has a question to ask about their request, they can easily access that area as mentioned above and once they do, an automated email will go back to the staff member informing them that they received new information/comments on an open case assigned to them. If the staff member has a question for the citizen, the staff member simply types in their question, comment or concern and clicks “send to customer” and the citizen receives an automated email and/or push notification letting them know that the agency is trying to communicate with them regarding one of their submitted requests.

Automated notifications don’t just have to be for verbal exchanges…the GORequest system is so highly configurable that we can setup automated alerts to go out based on a wide variety of events. Are you a manager of a department or an elected official running a specific initiative and want to be notified every time a certain type of request comes in? Done. Would you like to manage expectations by providing citizens an SLA for when a request will be completed? Well, you can now feel comfortable doing so, as the GORequest solution can send automated emails to request owners and their managers as due dates for requests approach and even escalate to additional staff automatically when requests become overdue.

Dashboards and Filters
One of the best ways to stay organized and work in a manner that is most productive to your specific role is to utilize the dashboards and filters that are available to all staff members. The software comes standard with an “assigned to me” and “all” filter for each employee’s dashboard. The utility of each view will certainly depend on your role in the agency; however, this allows the employee to easily view only requests that they need to work on. Once the dashboard is narrowed down, employees can easily sort that group of requests by the columns on the dashboard. For example, many employees choose to work based on due date – so they will filter their dashboard to show only requests assigned to them, and sort based on due date, 286Exhibit 2

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showing any overdue or coming due tasks in descending order, down to requests due at a future date. For others, they may decide that working based on priority is the most efficient way to operate, so the filtered list is sorted by priority instead of due date, perhaps working from highest priority down.

Custom Filters
While the GORequest system certainly comes stocked with best practice and highly useful filters, the extreme flexibility of the solution allows for the building of custom filters.

These filters will help users that are in specific roles view a dashboard that makes their day as organized and easy to manage as possible. These filters are created and assigned to specific users, so views that are important and necessary for some staff, don’t even need to be visible to others. For instance, a P ublic Works manager that has been given a directive by the Mayor or City Manager to really focus on cleaning up graffiti in the City can have a custom filter showing “Graffiti Only” requests.

Searching
The GORequest solution boasts a simple open search field at the top of each user’s dashboard, allowing them to use words, addresses and other attributes to find requests inside of the system – regardless of their status. Users can easily search through closed requests from here as well. If a user would like to get more specific, they still don’t need to revert to the reporting tab, as the “advanced find” option will pull up a detailed list of data that is specific to the agency’s field names and attributes and allow the user to easily select the desired criteria from a list. The results are then displayed on the sortable dashboard – allowing for easy access to a multitude of records.

Assignment Rules
Once up and running, receiving requests of all sorts, it will become important to ensure that inbound requests are assigned to the correct staff members internally so that there isn’t unnecessary, constant passing of requests from one staff member to another. The best way to ensure that situation doesn’t happen is by setting up assignment rules. There is a variety of 287Exhibit 2

1930 Veterans Memorial Highway, Suite 12-425
Islandia, NY 11749

Page 30 of 33 ends

RFP for Community Engagement Tool – City Mobile App

criteria related to a specific request that can be used to help determine what staff member each request gets assigned to upon submission. It can be as straight forward as saying “If the type of request is “Pothole”, assign it to Steve from Public Works”. It can also be much more complex than that. Any fields that are added to customize the form for a request can be used as values to create assignment rules. For example, if citizens are asked to indicate what type of surface the graffiti that they are reporting is on, that request can be routed internally to different staff depending on which surface they choose. Values can even be grouped together and assigned that way.

Consistent Communication
Ultimately, GORequest can become an agency-wide solution. This leads to lots of staff members from a variety of departments interacting with the public. When this is the case, it is important to provide consistent messaging that can be relied on to convey the proper tone and intent. In order to help with this, the communication areas in which the staff can work will have a variety of prefilled text. This text can be as short as a few words or as lengthy as a few paragraphs. Department heads and system administrators will be able to provide a simple description of what the text is for in a drop-down menu and have it there for staff to choose from when it comes time to communicate. Not only does this ensure consistent, thorough messaging, it ensures that there are no overlooked spelling and grammar mistakes. 288Exhibit 2

1930 Veterans Memorial Highway, Suite 12-425
Islandia, NY 11749

Page 31 of 33 ends

RFP for Community Engagement Tool – City Mobile App

Mobile Access
On the go? No one understands that more than us. Staff can easily access their dashboard right from their mobile device via the employee access applet or mobile log in on a phone or tablet to see our responsive design in action, giving employees access to the information that matters most, on the go. Our text fields even support voice dictation if your device offers it, so go ahead and talk away to get to the end of your request log.

Everything you need on a Single Screen
Staff members can easily work their requests from one, single, completely browser-based screen. The employee request screen is designed to allow staff to handle a request from reception through completion without having to bounce around to multiple screens inside of the software, or from multiple browser tabs. Whether it is communicating back and forth with a citizen, viewing the request on a map, or changing the status or priority, all actions are found on one neat, organized screen, making it easy for staff to work on their requests without getting lost in the software.

ESRI GIS Integration
GIS is an indispensable tool for most government agencies as it allows for information to be analyzed by location. Connecting GORequest to the GIS system offers several advantages and capabilities. Depending upon the specific information provided in the City’s GIS system, they could include:
1) Address Validation for Requests – When someone goes to submit a request (Citizen or staff) and they use an address, the system currently validates that address against Google Maps to determine its validity and to pull in the full address details. This is certainly effective, but the addresses are based on the most recent Google Map data and we have found that some of our municipalities update their GIS system faster than Google does refreshes of their map

289Exhibit 2

1930 Veterans Memorial Highway, Suite 12-425
Islandia, NY 11749

Page 32 of 33 ends

RFP for Community Engagement Tool – City Mobile App

information. With the GIS integration, the system would be checking against your GIS system (map / geocode server) to determine if the address is valid and pull in full address details. 2) Employee Request Screen Map Snippet – The employee open request screen includes a visual representation of where the request’s address is that currently uses a Google Map…when using the GIS integration that would be replaced with your ESRI map for staff to use. Any citizen facing components (web portal, mobile app) will still have the citizen using a Google map to drag and drop the pin, however it will be validating the address against your GIS. 3) Geo-Routing, Attributes & More – One of the other major benefits of integrating GIS is that we can use defined variables from it to automate parts of the software. For example, you might have the City broken into council districts and tell us that requests/ cases should be assigned to specific staff members based on what district they come from. Another one would be where you have attributes stores with all of your addresses and want those displayed for employees on the request / case screen for the associated address of the case/request (i.e. staff want to see garbage pickup day, recycling day and zone on each request/ case. 4) Report Enhancement – Once you have us add some of these defined variables that are mentioned in the paragraph above, they all become available as filters for reports. This would allow you to break your reporting down based on geography in addition to the other ways you currently do. A popular option here would be a set of reports that are run currently, but broken down by council district so that each council person can see exactly what is going on in the district that they represent.

290Exhibit 2

GONotify®
GONotify® by GOGov www.GOGovApps.com  [email protected] (925) 456-4926 GONotify®is a user friendly solution for creating &
sending communications of all varieties to your citizens across multiple channels! Coupled with an agency
branded mobile app, GONotify® makes it easy for
citizens and government to communicate more
efficiently and effectively!
Communications in the Palm of Citizen’s Hands
• Branded Mobile App serves as one place to access all
notifications and important information directly from your local municipality
• Subscription Lists allow for citizens to sign up for the types of notifications that they want to receive
• Direct Notifications ensure that content is delivered directly to citizens devices so that no important updates are missed
• Get more information and start a dialogue with agency staff by replying to a notification (requires GOGov CRM)

Keep Citizens Informed
As a staff & management team, keeping citizens informed can be a challenge. GONotify® includes some awesome features to help with this process:
• Send Alerts & Emergency Notifications directly to
citizens
• Send Targeted Content by using Subscription Groups
that you can define & select when sending out a message • Use our Message Editor to easily create detailed & stylish communications that include pictures, formatting, links to videos, documents and other content.
• For Create Once, Publish Everywhere with Multi Channel Publishing that allows you to push content to the most
vital channels including Mobile, Email, Twitter,
Facebook & Website.
• Enable 2-Way Communication that would allow you to
choose if citizens can reply to a specific message,
leveraging our CRM Module that ensures no questions go
unanswered.

All of your Communication Needs in One Spot
Why limit yourself to emergency communications when you could send anything that you want?
• Road Closure
• Events
• Storm Warnings
• Boil Water Advisory
• Emergency Alerts
• School Closings
Vital City Information at Citizen’s Finger Tips
The branded app includes applets, which are important
pieces of information that you can put right at your Citizen’s finger tips. Commonly that information includes:
• Important Phone Numbers
• Elected Official’s Names & Bios
• Local Places
• Social Media Pages
• Website Content
Engage citizens across multiple channels with a trusted source of information for events, alerts & notices. 291Exhibit 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 15.

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 AND AP P RO VAL O F A RE S O L UT IO N T O F O RM T HE S ID E WAL K

V E ND I NG AD HO C C O M M IT T E E AND M AK E AP P O I NT M E NT S D AT E:September 25, 2023
RE C O M M E ND AT IO N:

I t is staff’s recommendation that the City C ouncil approve the attached resolution and appoint two Council members, subject to such direction as may be provided by the C ity C ouncil.

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

T he following table is a summarized timeline of events related to Sidewalk Vending:

September 17, 2018
Governor’s Of f ice approved S enate B ill 946 (“S B 946”), regarding sidewalk vending.

J anuary 1, 2019 S B 946 went into effect, which limits how local governments can regulate local sidewalk vending.

J anuary 14, 2019
City staff presented agenda report item No. 15, outlining S B 946 and requested guidance f rom City Council on updating Bell Gardens Municipal C ode (“B G MC ”) regarding sidewalk vending.

October 14, 2019
Discussion item No.12 - C ity staf f presented several regulatory options for C ity C ouncil to consider. A S idewalk Vending Ad Hoc Committee, comprising of two City C ouncil members, was formed to develop local regulation in compliance with S B 946.

J anuary 27, 2020
Discussion item No. 15 - the C ity Council reviewed A d-Hoc Committee assignments and no changes were made to the
S idewalk Vending Ad Hoc C ommittee.

J anuary 25, 2021
Discussion item No. 12 - C ity staff requested the appointment of two new C ouncil members to the Ad Hoc C ommittee due to Council vacancies.

May 10, 2021
P ublic Hearing I tem No. 1 - City Council waived the full reading and introduced Ordinance No. 914 by title only, amending Chapter 5.04 and Chapter 5.56 of the Municipal C ode and adding a new Chapter

5.57 (i.e., separating street vending pertaining to motorized vehicles f rom sidewalk vending) to the B G MC to authorize a regulatory permitting program f or sidewalk vending pursuant to S B 946.

May 24, 2021 Consent calendar item No. 7 - second reading of Ordinance No. 914, unanimously approved.
292

F ebruary 13, 2023 Discussion item No. 11 - C ity staf f requested direction on enforcement of Ordinance No. 914.

March 13, 2023
Discussion item No. 14 - City staff presented Ordinance No. 932 amending Chapter 5.56 of the B G MC (Sidewalk Vending) to remove language inconsistent with S B 946.

March 15, 2023 City staf f presented a sidewalk vending update to the Planning Commission.

April 10, 2023 Consent calendar item No. 12 - second reading of Ordinance No. 932, unanimously approved.

April 24, 2023 Discussion item No. 10 - City staff presented a compliance report to C ity C ouncil.

September 11, 2023 Discussion item No. 16 - City staff presented an updated compliance report.

On S eptember 11, 2023, f ollowing staff’s sidewalk vending updated compliance report, the City Council directed staf f to return at the next available meeting with a report pertaining to forming a new sidewalk vending ad hoc committee and appointing members f or it. T he purpose of forming the ad hoc committee is to address current and future concerns associated with unpermitted sidewalk vending and compliance options.

T he creation of a temporary advisory, ad hoc committee is to study and make recommendations on issues of interest and concern to the City Council. T he temporary, finite nature of ad hoc committees is what imbues them with their “ad hoc” status. This in turn, allows these bodies to be exempt from compliance with the Ralph M. B rown A ct (Government Code S ection 54950 et seq.) (“B rown Act”). Committees that may start out as true, temporary, ad hoc committees can lose their exempt status under the B rown A ct if their tenure becomes ongoing and indef inite. I n order to avoid this, it is suggested the S idewalk Vending Ad Hoc C ommittee be made of limited duration by prior resolution of the C ity C ouncil.

Upon expiration of the attached Resolution, the C ity C ouncil may (1) extend the life of the S idewalk Vending A d Hoc C ommittee; (2) immediately discontinue the S idewalk Vending Ad Hoc Committee; (3) convert the Sidewalk Vending Ad Hoc C ommittee into a standing committee subject to the B rown A ct; and/or (4) make such other modifications to the f ocus and/or composition of the S idewalk Vending A d Hoc Committee as the C ity C ouncil may find desirable. I f the C ity Council takes no action on this matter, the Sidewalk Vending A d Hoc C ommittee will expire automatically on March 25, 2024.

Since the September 11th Council meeting, staff met with the Branch Director of Specialized Surveillance and Enforcement for the Los Angeles County Health Department and two sidewalk vendors that requested assistance. Part of the discussion pertained to size limitations for sidewalk vendors and current efforts that are being made to assist vendors with a path towards compliance. T his information, as well as other updates, will be shared with the new Ad Hoc Committee when the first meeting is scheduled.

C O NC L US I O N:

I f the C ity Council decides to form the S idewalk Vending A d Hoc C ommittee and make new appointments, staf f will follow up with options for meeting dates and location within the next two weeks.

F I S C AL I M PAC T:

No fiscal impact.
293

AT TAC HM E NT S :

D escription
Exhibit 1 - Resolution No. 2023-xx
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 294

1 RESOLUTION NO. 2023-xxx

A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF BELL

GARDENS, CALIFORNIA, CREATING A SIDEWALK VENDING AD HOC

COMMITTEE

WHEREAS, at its meeting on September 25, 2023, the Bell Gardens City Council (“City Council”) formally ratified, by resolution, the creation of a temporary advisory Sidewalk Vending Ad Hoc Committee to study and make recommendations on sidewalk vending issues of interest and concern to the City Council; and

WHEREAS, the City Council resolution establishing the Sidewalk Vending Ad Hoc Committee also designated the membership of said committee; and

WHEREAS, the Ralph M. Brown Act (Gov. Code, § 54950 et seq.) generally applies to meetings among a majority of the members of a legislative body when the subject relates to local agency business, however, meetings of temporary advisory committees, as distinguished from standing committees with ongoing jurisdiction, made up solely of less than a quorum of a legislative body are not subject to the Brown Act; and

WHEREAS, the City Council, at least as of the outset, intends that the Sidewalk Vending Ad Hoc Committee be of a temporary duration in order to preserve their ad hoc character; and

WHEREAS, without further City Council action, the Sidewalk Vending Ad Hoc Committee established will automatically expire on March 25, 2024.

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

SECTION 1. The City Council hereby finds that the foregoing recitals are true and correct and are incorporated into the body of this Resolution by this reference.

SECTION 2. The City Council hereby finds as follows:

Sidewalk Vending Ad Hoc Committee: The Sidewalk Vending Ad Hoc Committee is composed of _________________ and ______________. The purpose of forming the Sidewalk Vending Ad Hoc Committee is to address current and future concerns associated with unpermitted sidewalk vending and compliance options.

SECTION 3. The Sidewalk Vending Ad Hoc Committee may return to the City Council at date earlier than March 25, 2024, if necessary or desirable. In order to maintain the temporary advisory character of the Sidewalk Vending Ad Hoc Committee, it is the intent of the Council that the Sidewalk Vending Ad Hoc Committee shall continue to be of limited duration and shall be disbanded immediately following March 25, 2024. Nothing in this Resolution shall operate to prevent the City Council from discontinuing the Sidewalk Vending Ad Hoc Committee or newly designated standing committee at an earlier time or making such additional changes as the City Council may deem necessary or desirable, including the declaration of such committee as a standing committee subject to, and governed by, the Brown Act.
295Exhibit 1

2 SECTION 4. This Resolution shall take effect immediately upon its adoption by the City Council and the City Clerk shall certify to the passage and adoption of this Resolution and enter it into the book of original Resolutions.

PASSED, APPROVED and ADOPTED this 25th day of September 2023.

THE CITY OF BELL GARDENS

Francis De Leon Sanchez, Mayor

APPROVED AS TO FORM: ATTEST:

______________________________ _____________________________ Stephanie Vasquez Daisy Gomez
City Attorney City Clerk

296Exhibit 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 16.

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:VAC ANT AND/O R AB AND O NE D P RO P E RT Y I NV E NT O RY D AT E:September 25, 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 this report or provide staf f with f urther direction.

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

D uring the September 11, 2023 C ity Council meeting, staf f provided a presentation to f acilitate a discussion regarding the underlying issues of vacant and/or abandoned land and/or buildings. T he C ouncil directed staf f to prepare an inventory of all existing vacant and/or abandoned property citywide to determine if it was worthwhile moving forward with a registration program and/or future ballot tax measure.

As previously reported, vacant and/or abandoned property can lower property values in the surrounding area when neglected and left in the same state f or many years. This can lead to lack of investment in a community, thus creating more vacant and/or abandoned properties.

On S eptember 11th, staff presented two options in addressing vacant and/or abandoned properties:

F E E RE G I S T RAT I O N P RO G RAM : T he recommended first option is an ordinance to ensure that vacant/abandoned properties are properly tracked and monitored through a fee registration program that would keep property owners accountable and encourage the development and improvement of said properties.

B AL L O T TAX M E AS URE : T he second and/or concurrent option is a voter tax measure that would tax property owners who keep property and/or buildings vacant for an extended period of time.

C ities that have adopted ordinances are able to monitor the maintenance, security, and management of all vacant properties and require minimum improvements such as fencing and landscaping to help blend in with existing neighborhoods. T he annual f ees would not be the sole measure in promoting the maintenance of vacant sites. W hile fees would def ray the costs associated with addressing aesthetic concerns, public safety hazards, and community complaints, an ordinance would establish a consistent f ramework for dealing with vacant and/or abandoned properties, providing clear guidance f or property owners and local enf orcement. T he registration list includes the owner contact inf ormation and would f acilitate direct communication, accountability, f oster collaboration with neighborhood beautification and revitalization initiatives, consolidate C ity’s resources, facilitate timely emergency coordination and response, address tenant-owner relations and strengthen community ties.

VAC ANT AND/O R AB AND O NE D S I T E INV E NT O RY
297

An inventory of vacant and/or abandoned privately-owned sites was compiled using the B ell Gardens G eneral Plan Housing E lement sites inventory, the monthly updated vacant commercial properties maintained by the C ommunity D evelopment Department Code Enforcement Division and observation during routine inspections and enforcement activity. Currently, there are three (3) commercial, one (1) industrial, two (2) mixed-use, and f our (4) residential properties f or a total of 10 vacant and/or abandoned sites within the City as shown in Table 1, below.

Table 1. B ell Gardens Vacant and/or A bandoned S ite I nventory AP N Address
L ot S ize
(sq. ft.)Zone L and Use Notes
6329-006-
020
5953 F lorence
Avenue
11,900 C -4 General
Commercial
Vacant L ot -
approved land use
entitlement
6358-037-
002
7206 Garfield
Avenue
8,100 C -4 General
Commercial
Vacant L ot
6227-017-
009
7826 Eastern
Avenue
23,520 C -M General
Commercial
Under-utilized
property w/existing
S F D
6228-015-
027
7629 Perry
Road
5,760 M-1 I ndustrial Vacant L ot
6328-003-
047
6231 Eastern
Avenue
14,870 M-U Mixed-Use Vacant L ot w/
commercial building
960 square f eet in
size.
6328-002-
065
0 Gage Avenue 5,430 M-U Mixed-Use Vacant L ot
6358-019-
006
6863 F lorence
P lace
20,842 R -3 High Density
Residential
Vacant L ot w/
bungalow
6358-019-
005
0 S uva S treet 63,160 R -3 High Density
Residential
Vacant L ot
6358-019-
028 & 6358-
019-027
6845 F lorence
P lace
91,040 R -3 High Density
Residential
Vacant L ot
6227-026-
005 & 6227-
026-001
8000 Bell
Gardens
Avenue
107,593 R -3 High Density
Residential
Vacant L ot –
approved land use
entitlement
C O NC L US I O N:

An ordinance would hold property owners accountable for maintaining the property while encouraging development.

R equiring property owners to register and pay annual f ees f or vacant land and buildings is consistent with state law and the City’s General Plan. F urther, it could provide public benefits to address blight, saf ety, property maintenance, development concerns, and build relationships with property owners for a stronger sense of community and cooperation in efforts to improve neighborhoods. T he Planning C ommission would be the initial body to review any proposed ordinance with a recommendation to the C ity C ouncil.

F I S C AL I M PAC T:

None currently. More information would be forthcoming if the Council chooses to have staff move forward with an ordinance and fee study.

298

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 299

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 17.

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:RE NT S TAB IL I ZAT I O N O RD I NANC E C O S T O F S E RV IC E S S T UD Y D AT E:September 25, 2023
RE C O M M E ND AT IO N:

I t is staff’s recommendation that the C ity C ouncil select one of the two cost options and associated rental registration f ee proposed by the subject C ost Study, accept the Cost Study, and direct staf f to move f orward with the implementation of the rental registry, proposed staf f ing, and sof tware solutions, which will result in a revised city fee schedule to be presented to the C ity C ouncil f or adoption at a future meeting as well as f uture position creations and budget allocations for personnel and software costs.

As a third option, the C ity Council may direct staf f to proceed with the creation of a rent stabilization board as a component of the City's rent stabilization program, which would require an amendment to the O rdinance and an increase to the rental registration fees f or either of the cost options selected.

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

On October 12, 2022, Ordinance No. 925, adding Chapter 5.62 “R ent S tabilization” and C hapter 5.63 “Tenant Eviction P rotections” to Title 5 of the B ell Gardens Municipal C ode, became effective following extensive efforts and recommendations through workshops and ad hoc committee meetings that had taken place over a two-year period. To implement the Ordinance's required rental registry fees and identify the staf f ing and sof tware resources that would be needed to implement the rent stabilization program, staff requested proposals from qualified firms through the R F P (Request F or Proposal) process on November 14, 2022. A prof essional services agreement with the firm Revenue and Cost Specialists, L L C (R C S ) was approved by the C ity C ouncil to prepare the required comprehensive Cost S tudy.

R C S interviewed staf f f rom several cities about their rent stabilization program operations to assess best practices covering subjects such as staf f ing duties, registry protocol, sof tware solutions, and startup issues. R C S then analyzed Bell Gardens data and recommended fees, appropriate staf f ing, practices, and other considerations necessary to carry out the objectives of the R S T E P program. T he result is the attached C ost S tudy, E xhibits 1 and 2, which provides "minimum/base level" and "best practices" staffing options to implement the R S T E P program.

Rent Stabilization Board Option
As stated in the Cost Study report (Exhibit 2), R C S and staff looked at the option of creating a rent board. After analyzing the need for a board and discussions with other cities, staf f determined that the additional layer of review and costs of a board are not warranted at this time. S taff believes that taking a similar approach as Culver City by handling matters administratively and through the use of hearing officers and consultants, as needed, is the more cost-ef f ective approach at this time. T herefore, staff is not recommending the creation of a board. I f the City C ouncil decides to direct staff to proceed with the creation of a rent stabilization board with one of the two cost options, the 300

municipal code would have to be amended to create the provisions for the board and allocate the additional funds.

T he rental registration fee would also need to be increased to account f or the additional costs.

C O NC L US I O N:

Based on the f indings of the Cost S tudy, staf f concludes that the all necessary measures were taken to research and analyze best practices associated with the implementation of the City's Rent Stabilization ordinance. I t is theref ore recommended that the City C ouncil discuss the Cost Study and select one of the two cost and f e e options provided to ensure appropriate rental registry fees, staffing, sof tware, and other considerations necessary to carry out the objectives of the R S T E P program.

F I S C AL I M PAC T:

D epending on which cost option is selected, the f iscal impact could range from $821,463 to $1,020,968 annually without a rent stabilization board. A rent stabilization board could add an estimated additional $150,000 per year based on administrative staf f , attorney involvement, and commissioner allowances required to operate the board.

AT TAC HM E NT S :

D escription
Exhibit 1 - R S T E P Cost S tudy S ummary
Exhibit 2 - R S T E P Cost S tudy
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 301

RSTEP Program Cost Study Summary
September 25, 2023
Revenue and Cost Specialists (RCS) was engaged to assist Bell Gardens with implementation of the new RSTEP program, which was passed by Council in October of 2022. RCS interviewed several rent stabilization operations for best practice advice covering subjects such as staffing duties, registry protocol, software solutions, and startup issues. RCS then analyzed Bell Gardens data and recommended fees, appropriate staffing, practices, and other considerations necessary to carry out the objectives of the RSTEP program.

REGIONAL RENT STABILIZATION INTERVIEWS
RCS and Bell Gardens staff held a series of interviews with both new and mature programs to better understand rent stabilization operations, requirements, and best practices. Agency interviews included:
• Culver City
• Santa Ana
• Inglewood
• Santa Monica

TWO ALTERNATE STAFFING PLANS AND ASSOCIATED LANDLORD REGISTRATION FEES RCS’s analysis proposed a range of staffing to match the needs of the RSTEP program, a base-level staffing plan and a best-practices staffing plan. At base level, all critical functions are covered but has an impact on existing staff. The best-practices plan brings service levels up to regional industry standards.

PROJECTED ANNUAL RSTEP PROGRAM COST
To forecast total program costs, RCS used Bell Gardens internal methodology for estimating vacant positions, coupled with interviews with regional rent stabilization staff for operating costs. Projected budgets for both staffing plans are presented below.

The costs above do not account for a rent stabilization board. A rent stabilization board could add an additional $150,000 per year based on administrative staff, attorney involvement, and commissioner allowances required to operate the board.

FINDINGS AND OBSERVATIONS
The RCS report includes relevant helpful information gained throughout the course of the study. Many of the recommendations stem from interviews with subject matter experts at other rent stabilization programs.

Particularly helpful was advice related to program initiation challenges and best practices to gain compliance with the program’s directives.

Rental Registration Fee FTE's 1
Annual Fee
per Unit
Minimum/ Base level staffing plan 3.1 $127
Best Practices staffing plan 4.1 $153
1 FTE figures do not include paid contractors.

Expense Best Practice Minimum/Base
Personnel $480,568 $376,063
Other Expenses 540,400 445,400
Total Budget $1,020,968 $821,463
302Exhibit 1

Copyright, 2023 by Revenue & Cost Specialists
Rent Stabilization Ordinance
Cost of Services Study
for the City of Bell Gardens

September 25, 2023
Prepared by:

Revenue & Cost Specialists, LLC
1519 E Chapman Ave, Ste C
Fullerton, CA 92831
www.revenuecost.com
303Exhibit 2

City of Bell Gardens Rental Registry Fee Study – August 2023 Page | 2

304Exhibit 2

City of Bell Gardens Rental Registry Fee Study – August 2023 Page | 3 September 11, 2023
City of Bell Gardens
7100 Garfield Avenue
Bell Gardens, CA 90201
Honorable Mayor, City Council, and City Manager:

On October 12, 2022, the City Council adopted the Rent Stabilization and Tenant Eviction Protection Ordinance (“RSTEP Ordinance” or “Ordinance”). The Ordinance includes a rental registry, which is a portal where landlords register their rental units, update rental unit information, update tenancy information, submit notices, and pay the Rental Registry Fee. Per the Ordinance, all landlords with rental units in the City shall complete and submit registration forms for each of their rental units, on or before September 30, 2023.

In addition, an annual Registration Fee shall be imposed on each rental unit in the City. All landlords with rental units that are subject to the Ordinance shall pay a Registration Fee established by the City Council. The Registration Fee is to fund the City’s cost to implement, administer, monitor, support, and enforce the provisions of the RSTEP Ordinance. Regarding the amount of the fee, a landlord shall pay to the City a Registration Fee for each of the landlord’s rental units in the City.

To fulfill this statutory requirement, on November 14, 2022, the City of Bell Gardens issued a Request for Proposals seeking proposals for a Rent Stabilization and Tenant Eviction Protection Comprehensive Fee Study. Following this competitive procurement process, Revenue & Cost Specialists (“RCS”) was selected and approved by the City and entered into an Agreement with the City effective April 10, 2023, to conduct this Fee Study.

RCS is now providing the City of Bell Gardens (“City”) with a comprehensive Fee Study identifying the appropriate fee to recover all costs associated with the RSTEP Ordinance, and the Rent Stabilization Program (“RSP”).
305Exhibit 2

City of Bell Gardens Rental Registry Fee Study – August 2023 Page | 4

RCS interviewed staff from neighboring rent stabilization and rent control programs to determine required staffing for Bell Gardens. Based on these discussions, RCS developed two staffing plans: a base-minimum staffing plan and a best-practices staffing plan. Staffing details and total projected program budgets for each are presented in Chapter 2 of this report.

The rental registration fee required to offset the cost of each plan is presented below . Note that both plans incorporate two existing employees hired in 2022 with the express purpose of facilitating implementation of the RSTEP plan.

Rental Registration Fee
Total Projected
Budget

# of Units
Required Fee
Per Unit
Best Practice Staffing Plan $1,020,968 6,539 $156
Minimum/Base Level Staffing Plan $821,463 6,539 $126

The fee required to fund the RSTEP program ranges between $127 and $155 per unit. Additional costs include contractual support for rental registration software, public relations, legal advice, hearing officers, and development of RSTEP policies and processes.

Since the Rent Stabilization Program is a new endeavor for the City, reasonable and evidence-based assumptions were made in the areas of staff time allocation and number of task participants. Where possible, we benchmarked with data from other cities that have a rent stabilization ordinance. Our Fee Study focused on calculating the lowest fee reasonably possible to operate the Rent Stabilization Program successfully.

RCS wants to thank Gustavo Romo, Community Development Director, and his team within the Community Development Department, for providing the crucial information needed to complete this Fee Study.

Respectfully submitted,

CHU THAI Jeff Wakefield
Partner Senior Associate

Jeff Wakefield
306Exhibit 2

City of Bell Gardens Rental Registry Fee Study – August 2023 Page | 5

Table of Contents
CHAPTER I – THE NEED FOR USER FEES ________________________________________________________________ 6

CHAPTER II – IDENTIFYING THE COST OF SERVICES ___________________________________________________ 9

CHAPTER III – ALLOCATING TIME TO SERVICES ______________________________________________________ 12

CHAPTER IV – COST RECOVERY RECOMMENDATIONS _______________________________________________ 16

CHAPTER V - RENT STABILIZATION BOARD ___________________________________________________________23

CHAPTER VI - RENTAL REGISTRY SOFTWARE_________________________________________________________25

APPENDIX A – RENT STABILIZATION AND TENANT EVICTION PROTECTIONS ORDINANCE _____ 21

APPENDIX B – SURVEY OF RENT STABILIZATION PROGRAMS ______________________________________ 69

APPENDIX C – RENT STABILIZATION POLICIES OF CALIFORNIA CITIES – 2023 ___________________ 71

APPENDIX D – CULVER CITY RENT STABILIZATION BUDGET _______________________________________ 77

307Exhibit 2

City of Bell Gardens Rental Registry Fee Study – August 2023 Page | 6

CHAPTER I – THE NEED FOR USER FEES
Impact of Propositions 13, 4, 218 and 26
Proposition 13 was passed by California voters in 1978, forever changing city budgets. Prior to 1978, cities and counties balanced their budgets with a property tax formula. The property tax p roperty owners paid could increase dramatically year over year, creating hardship for those with fixed incomes. Proposition 13 capped property tax rates at 1%, with an annual inflation increase of no more than 2%. The passage of Proposition 13 immediately reduced property tax payments from homes, businesses, and farms by 57%.

The following year, Proposition 4 was passed primarily to clean up language related to taxes and appropriations limits after the wake of Proposition 13. However, there is one phrase in section 8(c) of the proposition text that better defines user charges and user fees:

“Proceeds of taxes” shall include, but not be restricted to, all tax revenues and the proceeds to an entity of government, from (1) regulatory licenses, user charges, and user fees to the extent that those proceeds exceed the costs reasonably borne by that entity in providing the regulation, product, or service…”

Restated, any proceeds from user charges and user fees that exceed the “costs reasonably borne” are considered taxes. The legal ability for government agencies to charge fees in California in the wake of all the changes wrought by Proposition 13 comes out of that little phrase. The importance, and the deeper meaning, is detailed in this section of the author’s intent documents:

308Exhibit 2

City of Bell Gardens Rental Registry Fee Study – August 2023 Page | 7

“The phrase ‘costs reasonably borne by such entity in providing the regulation, product, or service’ is intended to incorporate all appropriations by an entity for reasonable costs appropriate for the continuation of service over time. This includes ongoing expenses, such as operation costs and a reasonable allocation for overhead and administration, but it also includes responsible allocations for capital replacement, expansion of services, and repayment of related bond issuances would be considered ‘costs reasonably borne’.”

Then, Proposition 218, passed in 1996 and became Articles XIIIC & D, further restricting municipal utility rates charged on property owners. Prop 13, 4 and 218 have had, and will continue to have, a profound effect on California governments.

But it was left to the passage of Proposition 26, passed in 2010, to codify many of the fee setting practices of the previous 30 years. Article XIII C of the State Constitution was amended to formally declare that fees are not considered taxes if they do not exceed the reasonable costs of the service.

Government Code Section 66014 further defined that statement for development fees.

Some of the types of services for which reasonable fees are allowable are:

• A charge imposed for a specific benefit conferred or privilege granted directly to the payor that is not provided to those not charged, and which does not exceed the reasonable costs to the local government of conferring the benefit or granting the privilege.

• A charge imposed for a specific government service or product provided directly to the payor that is not provided to those not charged, and which does not exceed the reasonable costs to the local government of providing the service or product.

• A charge imposed for the reasonable regulatory costs to a local government for issuing licenses and permits, performing investigations, inspections, and audits, enforcing agricultural marketing orders, and the administrative enforcement and adjudication thereof.

Article XIII C also provides that a local government agency must demonstrate that the amount of revenue to be generated by a fee is no more than necessary to cover the reasonable costs of the governmental activity supported by the fee, and that the manner in which those costs are allocated to a payor bear a fair or reasonable relationship to the payor’s burdens on, or benefits received from, the governmental activity. For example, a fee on liquor store owners to fund an alcohol education program would not be allowed.

While Proposition 26 was built on the foundations of Propositions 4 and 218, it provided a sharper definition of the reach and limits of service fees, and the courts have looked to it when reviewing fee challenges.
309Exhibit 2

City of Bell Gardens Rental Registry Fee Study – August 2023 Page | 8

California Tenant Protection Act of 2019
The California Tenant Protection Act of 2019 went into effect on January 1, 2020 and caps rent increases statewide for qualifying units at either 5% plus the increase in the regional consumer price index (CPI), or 10% of the lowest rent charged at any time during the 12 months prior to the increase—whichever is less.

It is interesting to note that, with inflation (and thus regional CPI) skyrocketing in 2022-2023, literally the entire state met the 10% of lowest rent threshold rather than the CPI-based threshold, allowing landlords statewide to increase rent up to 10% annually.

Communities wanting further control or customization of their rent stabilization policies may pass by ordinance revised policies and limitations. Local rent increase percentage restrictions may be less than or equal to, but not more than state ceilings. Bell Gardens rent increase limitations of 50% of local CPI or 4%, whichever is less, complies with state law.

Additionally, and subject to the rent cap, state law limits rent increases to only twice over any 12 month period, whereas the City’s ordinance allows it only once per year.

Legal Approach to User Fees
This Fee Study presents the analytical advantages available to the City through the institution of a comprehensive system designed by RCS to implement Article XIIIB of the California Constitution.

Constitutional Methodology. The methodology used for this analysis is the "costs reasonably borne" test established by Section 8(c) of Proposition 4, now Article XIIIB of the California Constitution. In following that process, RCS has analyzed the ways in which City services can be financed more equitably to assure the City's future financial viability.

Full Business Costs Determined. The methodology followed by both the Authors of Proposition 4, and consequently by RCS, determines the full business cost of providing the reported City services.

It also identifies the beneficiaries of those services and determines if they are paying in relationship to benefits derived or if they are deserving of a subsidy paid from the taxes paid by all local citizens and businesses. Thus, the City Council will have full knowledge and cannot ignore costs that are occurring.

Financial Integrity Established. This text summarizes the work accomplished and presents recommendations. These recommendations, if implemented, would firmly establish the financial integrity of the analyzed City services, and would establish a continuing cost control system following the business principles, which are generally espoused for government, but often are ignored in application.

310Exhibit 2

City of Bell Gardens Rental Registry Fee Study – August 2023 Page | 9

CHAPTER II – IDENTIFYING THE COST OF

SERVICES
RCS was tasked with identifying appropriate staffing to carry out the policies of Bell Garden’s RSTEP program. We identified both a best practice staffing model and a minimal or base -level staffing model. RCS interviewed rent stabilization staff from Inglewood, Santa Monica, and Culver City to determine best practice staffing. Of these programs, Culver City is closest in terms of the number units in their program, community size, and characteristics. The costs determined by RCS for the various services are based on the definitions of “costs reasonably borne” as utilized in Article XIIIB (Proposition 4) and as further defined by its authors in their background documents. The following are generally accepted elements of "costs reasonably borne."

Cost of Services
a) Labor costs and Employee Related Expenses
b) Operational services and supply expenses
c) Overhead expense
d) Administrative costs
e) Start-up costs
f) Future capital and replacement expenses
g) Costs of expansion of services
h) Repayment of debt

Table 1: Salary & Employee Benefits Costs – Best Practices Staffing Program Staffing
# of FTE
Employees
Salary
Costs
Benefit
Costs
Total
Costs
License Clerk/Permit Technician 1.0 72,309 37,351 109,660 Administrative Assistant 1.0 72,250 37,320 109,570
Code Enforcement Officer 1.0 65,509 33,838 99,347
Rent Stabilization/Housing Specialist 1.0 88,993 45,969 134,962 Director of Community Development 0.1 19,172 7,856 27,029 Total Program Staffing 4.1 318,233 162,335 480,568

Table 2: Salary & Employee Benefits Costs – Minimum/Base Level Staffing Program Staffing
# of FTE
Employees
Salary
Costs
Benefit
Costs
Total
Costs
License Clerk/Permit Technician 0.5 36,154 18,676 54,830 Administrative Assistant 1.0 72,250 37,320 109,570
Code Enforcement Officer 0.5 32,754 16,919 49,673
Rent Stabilization/Housing Specialist 1.0 88,993 45,969 134,962 Director of Community Development 0.1 19,172 7,856 27,029 Total Program Staffing 3.1 249,323 126,740 376,063

311Exhibit 2

City of Bell Gardens Rental Registry Fee Study – August 2023 Page | 10

The minimal/base level staffing model reduces the License Clerk/Permit Technician and Code Enforcement Officer positions to part-time staffing at 0.50 FTE’s each.

Labor and Employee Benefit Costs – RCS worked with the City of Bell Gardens to identify the appropriate staffing levels and calculate associated costs. RCS calculated the labor costs based on Bell Gardens’ methodology for estimating vacant positions. We calculated the employee benefit costs based on the average fringe benefit percentage of each bargaining group.

Operational Services and Supply Expenses - Various contracted services and operating expenses are essential to the RSTEP Program. These include the need for a hearing officer and legal services, registration software, education & outreach services, and additional policy and process development. Other expenses include postage, legal notices, and IT hardware and software.

Indirect Administrative Costs - The purpose of deriving overhead costs is to apportion these amounts to direct service program costs. By adopting this method, the City will be aware of its true costs and be able to mirror business methods.

Bell Gardens administrative functions (ex. Finance, Human Resources, City Manager’s Office) support other departments and divisions (ex. Community Development, Public Works, Public Safety) without providing a deliverable service to the public. The City’s Community Development budget for FY 2023-24 does not include expenditures for indirect costs or other unforeseen incidentals. Therefore, RCS included an estimated $160,000, which is 20% of program operating costs. In our minimal staffing plan, we have reduced this figure to 10%, or $75,000 of program operating costs.

Startup Costs – The RSTEP Program budget includes both one-time and ongoing costs. For example, the rental registry software to be selected by the City will have an initial program cost of $30,000 for the initial year. Interviews with neighboring rent stabilization programs indicate that legal costs may be higher in the initial year as well. RSTEP policy and process development costs should be reduced or eliminated in future years, as RSTEP Program staff could take over this function.

Future Capital and Replacement Expense, Costs of Expansion of Services, and Repayment of Debt – None of these costs apply to the Rent Stabilization Program.

Combined, the full cost for the RSTEP Program is $1,020,968 per year under the Best Practices staffing model and $836,620 under the Minimal/Base-Level staffing model. Table 3 below presents the line-item budget for the RSTEP Program’s first year of operations.

312Exhibit 2

City of Bell Gardens Rental Registry Fee Study – August 2023 Page | 11

Table 3: Projected Budgets and Estimated Fee
Account Best Practice Minimum/Base
0100 – Salaries $318,233 $249,323
03xx - Fringe Benefits 162,335 126,740
1010 - Office Supplies 6,500 6,500
1200 – Postage 6,000 6,000
1302 - Copier Lease 5,000 5,000
1600 - Special Supplies 1,900 1,900
1700 - Uniforms & Protective Clothing 600 600
2043 – Telecommunications 1,250 1,250
2050 - Legal Notices 8,000 8,000
2200 - Membership & Dues 650 650
2210 - Conference, Meetings, Travel 1,500 1,500
2230 – Vehicle Fuel 4,000 4,000
2710 – Training 2,000 2,000
280A - Rental Registration Software 72,000 72,000
280B - Public Outreach 35,000 35,000
280C - Legal Services 100,000 100,000
280D - Hearing Officer 50,000 50,000
280E - RSTEP Policy & Process Development 65,000 65,000 2807 - Translation Services 4,000 4,000
3060 - IT Hardware & Software 7,000 7,000
9999 - Indirect Administrative Costs 170,000 75,000
Total Budget $1,020,968 $821,463
Estimated Number of Rental Units 6,539 6,539
Required Fee Per Unit $156 $126
Allowable Monthly Pass-Thru to Renters $6.50 $5.25

313Exhibit 2

City of Bell Gardens Rental Registry Fee Study – August 2023 Page | 12

CHAPTER III – ALLOCATING TIME AND UNITS
Available Work Hours
The available work hours by position are based on current labor contracts. Available work hours were calculated as the total possible work hours in a year (2,080) minus the away-from-work benefit hours from holidays, vacations, personal leave, sick leave, morning/afternoon breaks, and start up/down time.

Table 4: Available Work Hours
Group Starting Hours
Available Work
Hours
Directors
(Director of Community Development)
2,080 1,571
Middle Management
(City Planner, Bldg Services Supervisor)
CEA – General Employees
(Code Enforcement/Building Inspector, License
Clerk/Permit Technician, Rent Stabilization Manager,
Rent Stabilization Specialist)

The 4.1 full-time equivalent city employees within the Rent Stabilization Program equals 6,443 total available work hours. For the Fee Study, 100% of the available work hours for all City employees were accounted for, even if it’s not public serving. In other words, one staff member cannot state they overworked on fee services beyond 100% of their hours, and another staff member cannot account for 100% of their time. Their time was distributed to those program tasks where the time would be expended.

Identifying Service Delivery Areas
From reviewing the Rent Stabilization and Just Cause Eviction Ordinance, we have divided the RSTEP Program into the following service delivery areas:

Service Delivery Area

1. Registration – Section 5.62.090

2. Petition Process

3. Enforcement and Compliance – Section 5.62-110, 5.63.080, and 5.63.090

4. Hearings and Appeals – Section 5.62.120, 5.62.130, 5.63.090 and 5.63.100

5. Tenant Eviction Protections - Section 5.63.030

6. Administration

For each of the service delivery areas above, we further identified relevant program tasks. The program tasks were created based on requirements of the RSTEP Ordinance. This helps us estimate the percentage of available work hours for each City staff.

To validate the
reasonableness of
the Fee Study,
100% of the
available work
hours for all RSP
employees were
distributed and
accounted for,
even if it’s not
public serving.

314Exhibit 2

City of Bell Gardens Rental Registry Fee Study – August 2023 Page | 13

Since the Rent Stabilization Program is a new endeavor for the City of Bell Gardens, reasonable assumptions were made to the times required for each task. It was a collaborative effort, engaging City staff, RCS’ decades of experience in measuring workflow times, and RCS’s experience in assisting to administer the City’s Ordinance and similar programs in other jurisdictions. We referred to the City’s Rent Stabilization and Just Cause Eviction Ordinance, and reviewed other cites’ rent stabilization program annual reports to identify trends in annual services provided. The allocation of time to tasks required several reviews before everyone was comfortable with the results.

Table 5: Allocation of Time

CITY OF BELL GARDENS

ALLOCATION OF TIME

PROGRAM TASKS
License
Clerk/Permit
Technician
Admin
Assistant
Code
Enforcement
Officer
Rent Stabil/
Housing Spec
Director of
Comm Dev
(0.1 FTE)
1) Rental Registration - Section 5.62.090 70%30%5%10%0% Rental Registry Fee (New) - Section 5.62.090
Annual Re-Registration - Section 5.62.090
Notice of New Tenancy - Section 5.62.090
Change of Onwership - Section 5.62.090
Verification of Exemption - Section 5.62.030
Termination of Exemption - Section 5.62.030(C)
Registration Fee Collection - Section 5.62.090(C)
Fee Waiver for Owner Occupied - Section 5.62.090(C.1)
Maximum Allowable Rent calculation - Section 5.62.040
Below Market Rent Increase - Section 5.62.050(3)
Notice of Pass Thru Review - Section 5.62.100(B)
Notice of Tenant Rights - Section 5.63.070
General Inquiries (Phone Calls & Walk Ins)
2) Petition Process 10%20%10%15%0%
Capital Improvement Pass-Through - Section 5.62.060
Landlord Fair Return - Section 5.62.070
Tenant Rent Adjustment - Section 5.62.070(B)
3) Enforcement and Compliance – Section 5.62-110,

5.63.080, and 5.63.090 10%15%50%10%10%
Notices of violation/complaints
Code Enforcement Inspections
Citations, Prosecutions & Litigations
Case correspondence and record keeping
4) Hearings and Appeals – Section 5.62.120, 5.62.130,

5.63.090 and 5.63.100 0%10%10%10%40%
Administration of Petitions, Hearings and Appeals
Judicial Review - Section 5.62.130(D.2)
5) Tenant Eviction Protections - Section 5.63.030 0%5%5%5%0% Notice of Termination of Tenancy - Section 5.63.030(B.5) Review Possession for Family Use - Section 5.63.030(D.2.c) Oversight of relocation assistance - Section 5.63.040
Tenant Buyout Agreements - Section 5.63.050
Assistance and mediation for Tenant Eviction
6) Administration 10%20%20%50%40%
Budget, Staffing, Training, Department Coordination
Policy/Program Development, Legal Compliance
Education & Outreach
Agency Liaison & Regional/State representation
315Exhibit 2

City of Bell Gardens Rental Registry Fee Study – August 2023 Page | 14

Identifying the Number of Units
The City of Bell Gardens staff estimate that 6,539 rental units are covered under the RSTEP Ordinance and receive a proportional benefit of rent stabilization and eviction protection under the RSTEP Program.

Since the City’s RSTEP Program has been in operation for less than one year, RCS does not have actual data for tasks and services to be performed. The table below represents unit counts from the cities of Oakland and Alameda annual reports. This should help Bell Gardens anticipate workload levels. Appendix B contains the full comparison of city annual reports that RCS was able to obtain.

City of Oakland (FY20)
Number of Units

Per 100
Bell Gardens
Pro-Rated
TOTAL Units 14,822

6,539
Eviction/Vacation Notices 4,696 31.68 2,072
Move-Out Disclosure Certification Forms 221 1.49 97
Move-Out Relocation Agreements 62 0.42 27
Petitions Filed 599 4.04 264
Mediation & Settlement Conferences 47 0.32

21 Petitions (Appeals) Submitted to Board 634 4.28

280
Appealable Decisions 406 2.74

179
Number of Appeals Heard 56 0.38

25 Resolved at End of FY 51 0.34

22 Alameda (FY21)
Number of Units

Per 100
Bell Gardens
Pro-Rated
FULLY Regulated Units 12,174

PARTIALLY Regulated Units 1,887

TOTAL Units 14,061

6,539
Submission for Rent Review or Registration 147 1.05

68 Petitions filed for rent adjustment 40 0.28 19
Termination of Tenancy Submissions 19 0.14 9
Buyout Agreement Submissions 21 0.15 10
Temporary relocation submissions 6 0.04 3
Capital improvement plan submission 1 0.01

0 Units monitored for compliance after "no fault"
termination
68 0.48

32 Referrals for enforcement 10 0.07

5 Public records requests 15 0.11

7 Decisions by hearing officers 11 0.08

5 Staff review of rental registration
(errors/issues)
964 6.86

448
Referred to Legal - Enforcement of Ordinance
violations
20 0.14

9 Referred to Legal - Registration Errors 197 1.40

92 316Exhibit 2

City of Bell Gardens Rental Registry Fee Study – August 2023 Page | 15

Calculating the User Fee
While most city services are paid by local tax dollars, cities also adopt user fee schedules to recover costs for fee services, such as recreation classes, planning applications, public works inspections, and building permits. The legal test for a user fee are:
• The customer is identifiable
• The service is measurable (e.g., time or cost)
• The service benefits an individual or group, and the use is exclusive

The RSTEP Program is designed to serve the landlords and tenants and exclude homeowners and businesses owners. The tasks and services within the RSTEP program proportionately serve all landlords and tenants, therefore, RCS recommends a single, flat Annual Registration Fee.

The City will have more data after several years of operations and should recalculate the Annual Registration Fee then. At that time, the City could also consider separate fees for petition filing, which typically take a significant amount of staff time and resources to process.

317Exhibit 2

City of Bell Gardens Rental Registry Fee Study – August 2023 Page | 16

CHAPTER IV – COST RECOVERY

RECOMMENDATIONS
Suggested Rental Registry Fee
RCS has calculated that the fee required to offset the cost of the RSTEP program will be either $156 or $126 per unit, depending on which staffing plan the City Council ultimately adopts.

Rental Registration Fee
Total Projected
Budget

# of Units
Required Fee
Per Unit
Best Practice Staffing Plan $1,020,968 6,539 $156
Minimum/Base Level Staffing Plan $821,463 6,539 $126

After timely payment of the Registration Fee, the landlord may pass through up to fifty percent (50%) of the Registration Fee to tenants of the applicable rental unit, to be paid by the tenant in twelve (12) equal monthly installments. This translates to $6.50 or $5.25 per month to be paid by the tenant.

Other Considerations
Achieving high registration compliance in Bell Gardens may be difficult with the current RSTEP Ordinance because there are few fines or penalties for landlords who do not register or pay the registration fee. Other cities have achieved high registration compliance by restricting the landlord’s ability to rent out or collect rent when they are noncompliant. Bell Gardens may wish to consider updating the RSTEP Ordinance to include similar language.

The RSTEP Ordinance does not address the fine for late payments of the registry fee. Establishing the appropriate penalties is necessary to ensure compliance with the RSTEP Ordinance. Fines are not governed by Propositions 13, 4, 218 and 26, and the City may set the terms and amounts to what is appropriate and reasonable for the City. RCS recommends the following fee/late fee for the City based upon best practices from other jurisdictions with a rent stabilization ordinance:

Late Fees starting on October 31 Total Fees & Fines
If paid late, 30 days or less past October 31 Registry Fee + 10% of remaining balance due If paid 31 to 60 days past October 31 Registry Fee + 25% of remaining balance due If paid after 60 days past October 31 Registry Fee + 50% of remaining balance due

Finally, RCS recommends creating a special revenue fund to account for all RSTEP Program revenues and expenditures. This separation from the General Fund will help the City manage the program and ensure full cost recovery. The fund should build up and maintain a 20% fund balance reserve.

318Exhibit 2

City of Bell Gardens Rental Registry Fee Study – August 2023 Page | 17

CHAPTER V – RENT STABILIZATION BOARD
Consideration of a Board
Most rent stabilization and renter protection programs utilize a board. However, several of the smaller programs do not. Rent stabilization boards can either be made up of elected or appointed members. If appointed, members are usually a mix of both tenants and landlords to ensure both groups are represented. Typical appointed rent stabilization boards include two tenants, two landlords, and one homeowner. For boards that are elected, of course, the City has no control over the housing status of the various members. Most rent stabilization boards meet 16 times per year.

Meeting less often prevents timely review of exemption and other board-level requests.

The primary duties of a rent stabilization board include setting rent increase restrictions, reviewing applications for unit exemptions from landlords and complaints from tenants regarding needed repairs. Most exemption applications are prepared for the Board administratively, provided the owner submits the required documentation. Staff prepare a recommendation for the Board, and the Board then determines whether to grant the exemption. In some instances, applications are referred to a contract Hearings Officer for evidentiary hearings to determine if the owner-applicants meet all the requirements to qualify for this exemption. In these cases, a hearing officer makes a recommendation for the Board’s consideration and decision. Appeals of Board decisions may be decided by the courts.

Bell Gardens
Currently, Bell Garden’s RSTEP Ordinance, Section 5.62.120(I) states that any person directly aggrieved by an administrative decision of a hearing officer pertaining to a request for appeal of a Director's decision under this Chapter, may seek judicial review in the Court pursuant to Government Code Section 53069.4 and/or Code of Civil Procedure Sections 1094.5 and 1094.6. If the City were to consider a rent stabilization board, the Bell Gardens RSTEP ordinance would have to be amended to account for the board and procedures similar to other City commissions.

Establishing and coordination with a Rent Control Board would require the following:
• Developing board nominations, terms, responsibilities, and rules. • Provide adequate Board training and coordinate responsibilities among all parties. • Identify staff who will coordinate all meetings and communications, including legal.

Other Cities
RCS and Bell Gardens staff interviewed Santa Monica’s Rent Control Agency staff to understand the duties of their Board. Santa Monica’s rent control laws and programs were voted in by their residents, which makes them unique to Bell Gardens. Their Rent Control Board was established to act independently from the City, and outside the control of the City Council. Their Rent Control Program operates 100% from fees and does not require any General Fund subsidy. Santa Monica’s Rent Control Agency Director stated they could not function without a Board. Santa Monica’s Board is made up of five elected commissioners with the following duties:
319Exhibit 2

City of Bell Gardens Rental Registry Fee Study – August 2023 Page | 18

(1) Set the rent ceilings for all controlled rental units at fair and equitable levels. (2) Hire and pay necessary staff, including hearing examiners and personnel to issue orders, rules and regulations, conduct hearings and charge fees. (3) Make such studies, surveys and investigations, conduct such hearings, and obtain such information as is necessary to carry out its powers and duties. (4) Report annually to the City Council on the status of controlled rental housing. (5) Evaluate petitions for removal of units from the program are warranted based on inability to make a fair return.
(6) Administer oaths and affirmations and subpoena witnesses. (7) Establish rules and regulations for deducting penalties and settling civil claims under Section 1809.
(8) Refer violations to appropriate authorities for criminal prosecution.

Each commissioner receives a $75 allowance per meeting. Santa Monica’s Board conducts 16 rent control meetings per year, for a total cost of $6,000. The Board also has a Board Secretary who assembles the Board packets and attends meetings. The Board Secretary has many other responsibilities in the Agency’s day-to-day operations such as processing and paying bills. The personnel-related costs of the Board Secretary are approximately $100,000.

RCS interviewed Inglewood’s Housing Protection Department – Long Term Rental Division to understand the duties of their Rent Housing Board. Inglewood’s Rent Housing Board consists of five members, with four being either a residential landlord or owner and the fifth being a City employee.

Board members are nominated by City Councilmembers and appointed by the Mayor. The Rent Housing Board is responsible for hearing disputes between tenants and their landlords, and either approving or denying requests to charge back capital improvements to tenants. Inglewood staff shared with RCS that the primary reason for the creation of their Board was their City Council did not want to be involved with the duties and decisions of the program.

Finally, RCS and Bell Gardens staff interviewed Culver City’s Rent Control and Tenant Protection Program staff. Culver City does not use any Board, Commission or Committee for hearings or appeals. We asked their staff why Culver City decided against creating a rent stabilization board, and upon whom the traditional duties of a Board fall upon at Culver City. They responded with:

“Council decided to move forward with a hearing officer in place of a rent control board because of the size of the city and limited resources we had available at the time.

Traditional duties of the board are handled administratively. As previously mentioned, we contract with various consultants/vendors to move items forward. Analyses of applications and petitions are done by our consultant, BAE Urban Economics, which we then use to issue a final decision. If there are appeals, those are then heard by a contracted hearing officer”.

320Exhibit 2

City of Bell Gardens Rental Registry Fee Study – August 2023 Page | 19

Culver City staff pointed out program revenues typically ramp up over a three-year period as compliance rates increase over time and with community outreach and staff’s enforcement efforts.

Similarly, Inglewood’s rent stabilization program recorded a compliance rate in the 50% range in their first year of operation, and now most recently achieved an 89% compliance rate in their third year of operation.
321Exhibit 2

City of Bell Gardens Rental Registry Fee Study – August 2023 Page | 20

CHAPTER VI – RENTAL REGISTRY SOFTWARE

Bell Gardens has three available rental registry software options.

1. Permit Tracking Software – The City is currently in the process of selecting permit tracking software for its development operations (Planning, Building, Engineering). This software may be used for rental registry purposes as well. The cost would have to be presented as an additional option with the selected firm.

2. New Request for Proposals – The City also has the option to prepare an RFP for rental registry software that may be more specific to the needs of the rental registry program and in line with what other cities with rent stabilization programs already use. This specific software includes support for cleaning, preparing, and uploading housing data to a cloud-based database, a portal for property owners to log-in, review, and correct information, data dashboards, and customized support.

3. Existing HdL Software – HdL is the current provider of business license software for Bell Gardens. This may facilitate integration between the City’s business license system and its rental registry. Such integration might be beneficial for cross-checking purposes. HdL rental registry software clients include Concord, Culver City and Pomona.

The costs for this necessary software can range from $72,000 to $144,000.

Conclusion
It is recommended that the City staff discuss the software needs with the permit tracking firm selected as part of the current RFP process to see if the needs can be met and compare them with HdL’s services. If the City finds neither alternative satisfactory, then the City may elect to issue a new RFP specific to rental registry software and related services.

322Exhibit 2

APPENDIX A – RENT STABILIZATION AND JUST CAUSE EVICTION ORDINANCE

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ORDINANCE NO. 925

AN ORDINANCE OF THE CITY OF BELL GARDENS CALIFORNIA
ADDING CHAPTER 5.62 “RENT STABILIZATION” AND CHAPTER 5.63 “TENANT EVICTION PROTECTIONS” TO TITLE 5 OF THE BELL

GARDENS MUNICIPAL CODE RESTRICTING RENT INCREASES AND

ESTABLISHING EVICTION PROTECTIONS AND OTHER

REGULATIONS APPLICABLE TO CERTAIN COVERED RESIDENTIAL

RENTAL UNITS IN THE CITY
WHEREAS, the City of Bell Gardens ("City") is a general law city, incorporated under the laws of the State of California; and
WHEREAS, pursuant to its police power, the City may enact and enforce laws within its boundaries which promote the public health, morals, safety, or general welfare of the community, and are not in conflict with general laws; and WHEREAS, in response to community concern about rising rents and the need for greater tenant protections, at the City Council meeting of April 8, 2019, the City Council of the City of Bell Gardens (“City Council”) formed an Ad Hoc Committee (“Committee”) to study the issue of rent control, engage in community outreach and consider the potential development of a rent stabilization and tenant eviction protection ordinance; and WHEREAS, on January 1, 2020, the California Tenant Protection Act of 2019 (the “Act”) went into effect. Among other provisions, the Act requires just cause evictions and limits rent increases for rental properties subject to the Act to five percent plus the percentage change in the consumer price index up to a maximum of 10% (Civil Code Section 1947.12); and
WHEREAS, as of March of 2020, to mitigate the impact of the Coronavirus 2019 (“COVID-19”) pandemic the State of California Legislature and County of Los Angeles Board of Supervisors implemented urgency measures to protect tenants from evictions and limit rent increases on residential properties. Because of these temporary measures, the City paused its efforts to consider a local rent control program within the City.

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WHEREAS, on February 22, 2021, at the regular City Council meeting, City Council appointed additional members to the Committee and directed staff to resume its directive to explore a permanent rent control program.

WHEREAS, between June of 2021 and March of 2022 the Committee met on several occasions to explore and discuss the issue. The Committee also held two community workshops on January 13, 2022, and March 12, 2022; and WHEREAS, on April 11, 2022, City staff provided an update to the City Council on the Committee’s efforts and the City Council directed staff to prepare a rent stabilization and tenant eviction protection ordinance with input from the Committee for future consideration by the City Council; and
WHEREAS, on April 25, 2022, the City Council adopted Urgency Ordinance No. 922-U to temporarily restrict rent increases for certain residential properties while the City further considers and develops a rent stabilization and tenant eviction protection ordinance; and
WHEREAS, on July 11, 2022, the City Council adopted Urgency Ordinance No. 924-U extending the temporary rent freeze for covered units to allow more time to gather input from key stakeholders and finalize a permanent rent stabilization and tenant eviction protection ordinance for City Council consideration; and WHEREAS, rents in the City and throughout Los Angeles County continue to rise, and although the City has lower rents relative to surrounding communities, many local residents, particularly low-income households, struggle with paying for rising housing costs and meeting other basic needs such as food, transportation and health care; and WHEREAS, in the City of Bell Gardens, 77.8% of households are renters and approximately 88% of renter households fall within the low, very low, or extremely low income category, according to the City’s Housing Element 2021-2029 (“Housing Element”). The Housing Element also indicates that 62% of renter-occupied households

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in the City are cost burdened, paying more than 30% of gross income on housing; and 31% are severely cost burdened, paying more than half of gross income on housing; and WHEREAS, the effect of high rents coupled with low incomes, critical shortages of affordable rental housing, and rapidly rising costs for other basic necessities leaves residents vulnerable to economic hardship, housing insecurity and displacement, threatening the public health, safety and welfare of a substantial number of City residents; and
WHEREAS, the Costa-Hawkins Rental Housing Act, California Civil Code section 1954.50, et seq., (“Costa-Hawkins Act”) limits the applicability of local rent stabilization policies, including prohibiting local jurisdictions from applying rent control to certain residential rental properties. This Ordinance intends to comply with the Costa-Hawkins Act and all other applicable state laws; and
WHEREAS, the protections provided in this Ordinance are more restrictive, or provide greater benefits than those set forth in California Civil Code section 1946.2 in that this Ordinance further limits the reasons for termination of a residential tenancy, provides for higher relocation assistance amounts, or provides additional tenant protections that are not prohibited by any other provision of law.

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

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

SECTION 2. Chapter 5.62 of Title 5 of the Bell Gardens Municipal Code is hereby added to read as follows:

Chapter 5.62

RENT STABILIZATION
Sections:

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5.62.010 Purpose and Applicability

5.62.020 Definitions

5.62.030 Exemptions

5.62.040 Permitted Rent Increases for Covered Rental Units

5.62.050 Permitted Rent Increases for Below Market Rents

5.62.060 Capital Improvement Pass-Through Cost Recovery

5.62.070 Petition for Rent Adjustment

5.62.080 Security Deposits

5.62.090 Rental Unit Registration

5.62.100 Notices to Tenants

5.62.110 Enforcement

5.62.120 Administrative Review and Appeals

5.62.130 Administrative Citations

5.62.140 Remedies

5.62.150 Waiver

5.62.160 Severability

5.62.010. Purpose and Applicability.

A. The purposes of this Chapter are to protect tenants from excessive rent increases and to promote long-term stability and certainty for tenants in the rental market while providing landlords an ability to receive a fair return on their rental property.

B. This Chapter shall apply to all Rental Units within the jurisdictional boundaries of the City, unless otherwise exempted by State law or the provisions of this Chapter.

C. This Chapter regulates rents for certain tenancies. It requires landlords to register rental units, establishes an administrative petition process, and provides for procedures and guidelines for the implementation of this Chapter.

5.62.020. Definitions. For the purposes of this Chapter, unless the context requires otherwise, the following definitions shall apply:

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A. “Base Rent” means the Rent charged for a Rental Unit in effect on April 11, 2022, when the City Council declared its intent to regulate rent for residential properties in the City, or at the initiation of the Tenancy, whichever is later, plus any rent increase allowed thereafter pursuant to this Chapter.

B. "Capital Improvement" means the addition, substantial repair or replacement of any improvements to dwelling units, buildings, or common areas, which materially adds to the value of the property, appreciably prolongs its useful life or adapts it to new uses, provided such improvement has a useful life expectancy of more than one (1) year and which is the same type of improvement as those allowed to be amortized over the useful life of the improvement in accordance with the Internal Revenue Code and its regulations or similar improvements as determined by the Department. Capital Improvement does not include normal or routine maintenance or repair or repairs covered by insurance.

C. “City” means the City of Bell Gardens.

D. “Code” means the City of Bell Gardens Municipal Code.

E. “Comparable Unit” means Rental Units that have approximately the same living space and the same or similar number of bedrooms, are located in the same or similar neighborhoods, and feature the same, similar, or equal amenities and housing services.

F. “Consumer Price Index” or “CPI” means the Consumer Price Index for all urban consumers of the Los Angeles-Long Beach-Anaheim, California area, published by the U.S. Department of Labor, Bureau of Labor Statistics, or any successor designation of that index that may later be adopted by the U.S. Department of Labor.

G. “Covered Rental Unit” means any Rental Unit that is not designated as exempt pursuant to Section 5.62.030 of this Chapter.

H. "Department" means the Community Development Department of the City of Bell Gardens, or other Department designated by the City Council to administer the provisions of this Chapter.

I. “Director” means the Director of Community Development of the City of Bell Gardens, or their designee.

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J. “Hearing Officer” means the person designated by the City Manager or designee to conduct a review hearing and decide petitions and appeals under this Chapter.

K. "Housing Services" means all services provided by the Landlord related to the use or occupancy of a Rental Unit, including, water, heat, utilities, insurance, maintenance, repairs, painting, elevator service, laundry facilities, janitorial service, refuse removal, furnishings, window shades and screens, parking, storage, security services, recreational areas, right to have specified number of tenants or occupants, allowing pets, communications technologies (internet, cable and satellite services), and any other benefit, privilege or facility that has been provided by the Landlord to the Tenant with use or occupancy of a Rental Unit. Services to a Rental Unit shall include a proportionate part of services provided to common facilities of the building or residential complex in which a Rental Unit is contained.

L. "Landlord" means an owner, lessor, sublessor, or any other person entitled to offer any Rental Unit for Rent or entitled to receive Rent for the use and occupancy of a Rental Unit, and the agent, representative, or successor of any of the foregoing. “Landlord” includes a Mobilehome Park and its agent, representative, or successor.

M. “Mobilehome” means any mobilehome as defined under California Civil Code Section 798.3.

N. “Mobilehome Park” means an area of land located where two or more Mobilehome spaces are rented or leased out for Mobilehomes used as residences.

O. “Rent” means the sum of all periodic payments and all nonmonetary consideration demanded or received by a Landlord from a Tenant for the use or occupancy of a Rental Unit, including Tenant's access to and use of Housing Services. Rent includes, without limitation, the fair market value of goods accepted, labor performed, or services rendered. Rent does not include any of the following: security deposits, utility charges billed separately to the Tenant by the utility company, and pass-through fees and charges authorized pursuant to this Chapter.

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P. “Rental Agreement” means an agreement, oral, written, or implied, between a Landlord and Tenant for the use or occupancy of a Rental Unit and related Housing Services.

Q. “Rental Unit” means any dwelling unit, as defined under California Civil Code section 1940 subsection (c) located in the jurisdictional boundaries of the City of Bell Gardens and that is used or occupied for human habitation in consideration of payment of rent, whether or not the residential use is legally permitted, including Mobilehomes rented by the owner of the Mobilehome, and accessory dwelling units. “Rental Unit” also means a Mobilehome Park space located in the jurisdictional boundaries of the City of Bell Gardens.

R. “Residential Real Property” includes any parcel of land containing one or more dwelling units intended for human habitation.

S. “Service Reduction” means any decrease or diminution in the level of Housing Services provided by the Landlord on or after the effective date of this Chapter, including but not limited to, services the Landlord is required to provide pursuant to:

1. California Civil Code section 1941 et. seq.;

2. The Landlord's implied warranty of habitability, which cannot be contractually excluded or waived;

3. A Rental Agreement between the Landlord and the Tenant; and

4. The level of service as implied by the condition of improvements, fixtures, and equipment, and their availability for use by the Landlord at the time of execution of the Rental Agreement with the Landlord.

T. “Tenancy” means the lawful right or entitlement of a Tenant to use or occupy a Rental Unit. This includes a lease or a sublease.

U. “Tenant” means a tenant, subtenant, lessee, sublessee, or any other person entitled, under the terms of a Rental Agreement to the use or occupancy of any Rental Unit.

5.62.030. Exemptions.

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A. This Chapter shall not apply to any Rental Unit expressly exempt pursuant to any provision of State or federal law, with the exception of the requirements of Section

5.62.090.

B. The following are specifically exempt from the provisions of this Chapter:

1. Any dwelling unit that has a certificate of occupancy or equivalent permit for residential occupancy issued after February 1, 1995.

2. Any dwelling unit that is alienable separate from the title to any other dwelling unit, including single family residences, condominiums and townhomes, but excluding Mobilehomes offered for rent by the owner of the Mobilehome, or is a subdivided interest in a subdivision, as specified in California Business and Professions Code Section 11004.5 (b), (d) or (f).

3. Housing restricted by deed, regulatory restriction contained in an agreement with a government agency, or other recorded document as affordable housing for persons and families of very low, low or moderate income, as defined in Health and Safety Code section 50093, or subject to an agreement that provides housing subsidies for affordable housing for persons and families of very low, low or moderate income, as defined in Health and Safety Code section 50093 or comparable federal statutes, but excluding any dwelling unit for which a Landlord receives federal housing assistance vouchers issued under Section 8 of the United States Housing Act of 1937 line 9 (42 U.S.C. Sec. 1437f).

4. Owner-occupied residential real property containing no more than three (3) rental units in which the owner occupied one of the units as the owner’s principal place of residence since the beginning of the tenancy, so long as the owner continues in occupancy. For purposes of this subsection:
a. The term “owner” means a natural person who owns at least a 25% ownership interest in the residential real property.
b. An exemption under this subsection shall expire by operation of law when the owner ceases to reside on the property as their principal place of residence.

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5. Accommodations in hotels, motels, inns, tourist homes and boarding houses, and rooming houses, or other facilities, for which the City has received or is entitled to receive payment of transient occupancy tax pursuant to Chapter 3.24 of the Code (Transient Occupancy Tax) and California Civil Code section 1940 subdivision (b).

6. Housing accommodations in a nonprofit hospital, religious facility, extended care facility, licensed residential care facility for the elderly (as defined in Health and Safety Code Section 159.2), or any other facility licensed by the State to provide medical care for residents.

C. Exemptions are not automatic but shall be granted by the Department upon application by the Landlord as set forth in Section 5.62.090.

5.62.040. Permitted Rent Increases for Covered Rental Units.

A. A Landlord shall not increase the Rent for a Covered Rental Unit by more than fifty percent (50%) of the change in CPI, or four percent (4%), whichever is lower.

For purposes of this Section, “change in CPI” means the percentage change in the Consumer Price Index over the previous 12-month period ending in April of each year.

B. A Landlord shall not impose more than one (1) Rent increase for a Covered Rental Unit in any 12-month period, calculated from the date the Rent increase takes effect, unless otherwise permitted pursuant to this Chapter.

C. Commencing ten (10) days after the effective date of this Chapter and no later than September 30 of each subsequent year, the Department shall announce the maximum allowable annual Rent increase effective as of November 1 of that year, in accordance with the Department’s procedures and guidelines.

D. A Landlord may impose an annual Rent increase for any Covered Rental Unit, as allowed in this Section, only after providing at least thirty (30) days written notice to the Tenant of the Rent increase pursuant to California Civil Code section 827.

E. A Landlord may impose an annual Rent increase only upon registering the Rental Unit with the City and paying any required annual registration fees pursuant to

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Section 5.62.090, and maintaining compliance with State and local laws and requirements.

F. A Landlord who does not impose an annual Rent increase or a portion of the permitted annual Rent increase waives that annual Rent increase or the remaining portion of that permitted annual Rent increase for the remainder of the Tenancy. A Landlord shall not bank any waived or unused permitted annual Rent increases for use in future years.

G. This Chapter does not supersede a Landlord’s right to set the initial Rent for new tenancies under State law.

H. A Tenant of a Covered Rental Unit subject to this Section shall not enter into a sublease that results in a total Rent for the Rental Unit that exceeds the allowable Rent authorized by this Section. Nothing in this Section authorizes a Tenant to sublet or assign the Tenant’s interest where otherwise prohibited I. A Tenant may refuse to pay a Rent increase which is in violation of this Chapter.

Such refusal to pay the unallowed increased amount in excess of permitted Rent charges shall be an affirmative defense in any action brought to recover possession of a Rental Unit or to collect the Rent increase owed.

5.62.050. Permitted Rent Increases for Below Fair Market Rent.

A. If the Landlord of a residential real property charges an existing Tenant Rent for a Covered Rental Unit that is less than 80% of Fair Market Rent for a Comparable Unit, upon approval of the Department, a Landlord may increase the Rent, in addition to the annual Rent increase allowed under Section 5.62.040, by an amount not to exceed three percent (3%) subject to the following:

1. The Department shall only approve adjustments to Rent increases under this subsection until the Rent equals or exceeds 80% of Fair Market Rent for a Comparable Unit.

2. The U.S. Department of Housing and Urban Development's Office of Policy Development and Research's (HUD PD&R) then most recently published Small Area Fair Market Rents (SAFMRs) calculated for the

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Bell Gardens Zip Code shall be used for determining Fair Market Rent.

In the event HUD PD&R ceases publishing such Small Area Fair Market Rent, the City Council, by resolution, may identify an alternative source of Fair Market Rent.

3. The Landlord files an application with the Department to request approval for a permitted below market rent increase in accordance with the Department’s procedures and guidelines.

4. A Landlord may not increase the Rent under this Section until the Department approves the Landlord's application and the Landlord registers each affected Rental Unit pursuant to Section 5.62.090. Only one additional Rent increase may be approved in any 12-month period.

5. The Landlord shall provide Tenants with written notice of the Rent increase authorized by the Department.

6. Nothing in this Section shall be interpreted to authorize a Rent increase for a Covered Rental Unit in excess of the amount authorized pursuant to California Civil Code section 1947.12.

5.62.060. Capital Improvements Pass-Through Cost Recovery.

A. A Landlord may pass-through 50% of Capital Improvement costs to existing Tenants in Covered Rental Units in accordance with the provision of this Section.

B. Capital Improvements must be for the primary benefit, use and enjoyment of Tenants, cost-factored, and amortized over a useful life of at least five (5) years, and permanently fixed in place or relatively immobile and appropriate to the use of the rental property.

C. Capital Improvements eligible for pass-through cost recovery include, but are not limited to:

1. The addition, but not the replacement, of the following improvements to a Rental Unit or common areas of the building in which the Rental Unit is located: air conditioning, security gates and other security items, swimming pool, sauna or hot tub, fencing, children's play equipment permanently

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installed on the premises, and other similar improvements as determined by the Department.

2. Replacement or substantial modification of any structural, electrical, plumbing, or mechanical system that requires a permit pursuant to State or local law.

3. Abatement of hazardous materials, such as lead-based paint, mold or asbestos, in accordance with applicable federal, State, and local laws.

D. Capital Improvements cannot include regular maintenance or repairs from wear and tear, or be the result of a Landlord's failure to perform regular maintenance and repairs, or repairs covered by insurance.

E. Application Process.

1. A Landlord must apply to the Department for recovery of Capital Improvement costs, on a form approved by the Department, within one hundred eighty (180) days of completion of the Capital Improvement.

2. The pass-through application must contain the following information, and be accompanied by copies of relevant supporting documentation:
a. A description of the completed Capital Improvement;
b. A copy of all estimates, contracts, bills, invoices, and other documentation reasonably necessary to establish the cost of the Capital Improvement;
c. The proposed amortization period to be used based on the Department's procedures and guidelines, if the period differs from 60 months;
d. A list of Tenants that will be affected by or benefit from the Capital Improvement;
e. The formula used to calculate the pro rata share of each Tenant; f. The monthly cost to each affected or benefiting Tenant; g. The commencement and completion dates of the Capital Improvement; and
h. Such other information as the Department may reasonably request.

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3. Within five (5) calendar days after submission of the application with the Department, the Landlord shall serve each affected Tenant with notice of the application via personal service or certified mail return receipt requested. The notice must include a copy of the application.

4. Within ten (10) calendar days after submission of the application, the Landlord shall file with the Department a proof of service signed under penalty of perjury stating that a copy of the application was served upon the affected Tenant. Such proof of notice is required before the application will be reviewed by the Department.

F. Landlord may not pass-through costs of Capital Improvements to Tenants until the Department approves the Landlord's application and the Landlord registers each affected Rental Unit pursuant to Section 5.62.090.

G. No pass-through cost-recovery shall be approved in an amount that would exceed five percent (5%) of the Rent in effect at the time the pass-through application is filed with the Department. If the total amount of calculated pass-through costs would result in an increase that exceeds five percent (5%), the pass-through cost amortization period may be extended beyond the established amortization period to allow the Landlord to recover eligible Capital Improvement costs while not exceeding the maximum increase authorized by this subsection.

H. A Landlord shall provide written notice of an approved pass-through cost to Tenants in accordance with California Civil Code section 827 and the notice shall be delivered at least thirty (30) days before the approved pass-through cost takes effect.

I. The approved pass-through cost should appear as a separate line item on a Rent statement along with the end date of the amortization period and any remaining pass-through balance. An approved pass-through cost is not considered Rent for purposes of this Chapter.

J. Pass-through cost recovery applications will be considered and determined by the Director in accordance with guidelines and procedures established by the

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Department; and the Director's determination may be appealed to a Hearing Officer in accordance with the procedures set forth in Section 5.62.120.

5.62.070. Petition for Rent Adjustment.

A. Landlord's Application for Rent Increase. A Landlord may file an application with the Department to request an increase in Rent for a Covered Rental Unit in excess of that which is permitted under Sections 5.52.040 and 5.62.050 to in good faith ensure a fair and reasonable return on the Landlord’s investment.

1. Presumption. It shall be a rebuttable presumption that the annual net operating income earned by a Landlord, and Rent increases allowed under Sections 5.62.040 and 5.62.050, provide the Landlord with a fair and reasonable return on their investment. A Landlord shall have the burden to prove the necessity of any additional Rent increase necessary to earn a fair and reasonable return.

2. Nothing in this Section shall be interpreted to authorize a Rent increase for a Covered Rental Unit in excess of the amount authorized pursuant to California Civil Code section 1947.12.

3. Approval of the Landlord's application for Rent increase may become effective only after all of the following:
a. A Landlord has provided written notice to the Tenant of the approved Rent increase for the Covered Rental Unit in accordance with California Civil Code section 827; and
b. A Landlord has registered each Rental Unit in the rental property, and is current on payment of registration fees, pursuant to Section

5.62.090.

4. Review and Approval of Application for Rent Increase. a. The Department shall consider the following factors, as well as any other relevant factors, in reviewing the application and making its determination, and no one (1) factor shall be determinative. i. Changes in the CPI.

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ii. The rental history of the affected Covered Rental Unit(s) and the rental property, including the Base Rent and pattern of past Rent increases or decreases;
iii. The Landlord's income and expenses as they relate to the rental property.
iv. Increases or decreases in property taxes.
v. The history or any prior hearings or determinations on an application for Rent increase by Landlord.
vi. The addition of Capital Improvements on the rental property. vii. The physical condition of the affected Covered Rental Unit(s) and building, including the quantity and quality of
maintenance and repairs performed during the preceding
twelve (12) months, as well as the long-term patterns of operating, maintenance, and Capital Improvement
expenditures.
viii. The need for repairs caused by circumstances other than ordinary wear and tear.
ix. Any increase or decrease of Housing Services since the last Rent increase.
x. Any existing Rental Agreement lawfully entered into between the Landlord and the Tenant.
xi. A decrease in net operating income.
xii. A fair and reasonable return on the building prorated among the Rental Units in the building.
xiii. If Landlord received Rent in violation of this Chapter or has otherwise failed to comply with this Chapter.
b. The Director may approve or deny an application for Rent increase beyond that which is permitted under Section 5.62.040 and 5.62.050 and make the following determinations, with written findings in support thereof, in compliance the provisions of this Chapter:

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i. The Department determines the Rent increase in the amount requested by Landlord is necessary and appropriate to ensure the Landlord receives a fair and reasonable return on the Landlord's investment, and will not cause an undue financial burden on the affected Tenant.
ii. The Department determines a lesser Rent increase than the amount requested by Landlord more appropriately ensures a fair and reasonable return on the Landlord's investment and will not cause an undue financial burden on the affected Tenant.
iii. The Department determines no additional Rent increase is necessary and appropriate to ensure the Landlord receives a fair and reasonable return on the Landlord's investment. c. Nothing in this Section shall be interpreted to authorize a Rent increase for a Covered Rental Unit in excess of the amount authorized pursuant to California Civil Code section 1947.12.

5. Notices Upon Filing Application for Rent Increase. Within five (5) calendar days after submission of an application for Rent increase with the Department, the Landlord, at their own expense, shall provide written notice of said application to each affected Tenant via personal service or certified mail return receipt requested.

B. Tenant Application for Adjustment. A Tenant of a Covered Rental Unit may file an application for Rent adjustment with the Department for its determination in order to in good faith ensure the Tenant receives any adjustment they may be entitled to because of a Landlord's potential violation(s) of this Chapter. A Tenant must file such application for Rent adjustment within one hundred eighty (180) days from the date the Tenant knew, or reasonably should have known, of the Landlord's potential violation(s).

1. Unlawful Rent and/or Fees or Charges. A Tenant may file an application for adjustment with the Department due to a Landlord’s demand for Rent, fees,

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or charges that may be in excess of that permitted for a Covered Rental Unit.

2. Failure to Maintain Habitable Premises. A Tenant may file an application for adjustment with the Department to request a refund of, or decrease in, Rent proportional to a Landlord's potential failure to maintain the Covered Rental Unit as a habitable premise in accordance with applicable laws or the Rental Agreement.
a. A Landlord shall not be liable to a Tenant for failure to maintain habitable premises if the Tenant caused the condition that is the subject of the application.

3. Decrease in Housing Services. A Tenant may file an application for adjustment with the Department for a Service Reduction in Housing Services, without a corresponding reduction in Rent, which may be considered an increase in excess of permitted Rent.

4. Prior to filing an application for adjustment with the Department, a Tenant shall provide the Landlord all of the following:
a. Written notice identifying the potential violation(s) of excess Rent, fees or charges, failure to maintain habitable premises and/or decrease in housing services; and
b. A reasonable opportunity for the Landlord to correct the issues.

5. Review and Determination of Application for Adjustment. The Department shall consider the following factors, as well as any other relevant factors, in making its determination and no one (1) factor shall be determinative. a. Increases or decreases in Rent or Housing Services since the effective date of this Chapter,
b. The pattern of recent Rent or Housing Service increases or decreases.
c. Whether the Landlord has received payment in excess of the maximum allowable Rent, fees, or charges permitted by this Chapter or has otherwise failed to comply with this Chapter.

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d. When and how the Service Reduction was first identified by the Tenant and when and how the Landlord was notified of the alleged Service Reduction, orally, or in writing, and Landlord's response to such notice and whether Housing Services were reinstated or restored by the Landlord, and if so, when and how.
e. Whether any habitability violations stated by the Tenant in the application was improved or corrected, and if so, when and how. f. The status of the habitability issues as of the date the application is signed.

6. Notice upon Filing Application for Adjustment. Within five (5) calendar days after submission of an application for adjustment with the Department, the Tenant shall provide written notice of said application to the Landlord via personal service or certified mail return receipt requested.

C. Application Submittal to Department for Rent Increase or Adjustment. Upon receipt of an application, the Department shall review and evaluate whether there should be a Rent increase or adjustment in accordance with this Section and the Department’s procedures and guidelines.

1. The application shall be on a form approved by the Department, signed under penalty of perjury, and must be accompanied by an application fee, if any, and must include the following:
a. The specific Rent increase or adjustment requested; and b. Copies of any books, records, papers, or other financial information relevant to the review of the application; and
c. Other documentation reasonably required by the Department relevant to the application.

2. Application Fees. The Department may set a reasonable application fee to be paid by the applicant at the time of the filing based on the administrative expenses incurred in reviewing and processing the application.

3. The Department shall have the authority to deem an application complete.

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D. Right of Assistance. All parties to an application for Rent adjustment may seek assistance from attorneys or any other person designated by said parties.

E. Consolidation. Applications for Rent adjustment pertaining to Tenants in the same building or rental property may be consolidated for determination at the election of the Department.

5.62.080. Security Deposit.

A. Unless otherwise prohibited by State law or the terms of a written rental agreement, a Landlord may increase a Tenant's security deposit for a Covered Rental Unit at the same time the Landlord seeks to increase the Rent under sections 5.62.040. Any increase in the security deposit shall be clearly stated in the written notice of the annual rent increase and shall not exceed the maximum amount authorized by State law.

B. As used in this Section, security deposit means any “security” as defined in California Civil Code section 1950.5.

5.62.090. Rental Unit Registration.

A. On or before September 30, 2023, and on or before September 30 of each subsequent year, a Landlord must register with the Department each Rental Unit that is rented or available for Rent for a term exceeding thirty (30) consecutive days by filing a rental registration in a form approved by the Department. After initial Rental Unit registration, a Landlord shall notify the Department and update the rental registration within thirty (30) days of the start of a new tenancy or any subsequent change in tenancy or ownership.

B. Registration must include, but is not limited to, the following information:

1. Property information, including address, year built and certificate of occupancy date.

2. Rent for each Rental Unit in the rental property at the time of registration and the date and amount of the last Rent increase.

3. Ownership information for the rental property.

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4. The number of total Rental Units in the rental property.

5. The number of bedrooms and bathrooms for each Rental Unit

6. Tenant information, including names and move-in dates.

7. A description of Housing Services.

8. Any additional information reasonably required by the Department to implement this Chapter.

C. Registration Fee. A Landlord must pay an annual registration fee for each Rental Unit registered on or after September 30, 2023. The registration fee shall be established by resolution of the City Council. Such fees are intended to recover the City’s reasonable costs to implement, administer and enforce its rent stabilization and eviction protection regulations as set forth in Chapters 5.62 and Chapter 5.63 of the Code. The registration fee established by this subsection shall be waived for any Rental Unit in an owner-occupied residential real property containing no more than four (4) dwelling units in which the owner occupies one of the units as the owner’s principal place of residence, so long as the owner continues in occupancy. For purposes of this subsection:

1. The term “owner” means a natural person who owns at least a 25% ownership interest in the residential real property.

2. A waiver under this subsection shall expire by operation of law when the owner ceases to reside on the property as their principal place of residence.

D. Registration Fee Pass-Through. A Landlord may recover fifty percent (50%) of a registration fee from the Tenant. A Landlord may only collect one annual registration fee pass-through cost at a time and must also meet the following requirements to pass-through this registration fee:

1. Timely and accurately submits an annual registration for each Rental Unit in the rental property;

2. Lists the registration fee pass-through cost as a separate line item on the monthly obligation(s) statement;

3. Provides Tenant with thirty (30) days’ notice before collecting any registration fee pass-through cost; and

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4. A Tenant's payment to the Landlord for the registration fee pass-through cost is paid in twelve (12) equal, monthly installments, unless otherwise agreed to by the Tenant.

E. Application for Rental Unit Exemption. Any person with an ownership interest in a Rental Unit may claim an exemption from this Chapter by filing with the Department an application of exemption on a form approved by the Department.

5.62.100. Notices to Tenants.

A. Mandatory Notices to Tenants. Landlords must provide to each Tenant, prior to, or at the time of agreeing to rent or lease a Covered Rental Unit, a notice of Tenant rights under this Chapter. The Department shall publish a form notice of Tenant rights in English and other frequently spoken languages. Landlords must provide the form notice in the following circumstances.

1. When entering into a Rental Agreement, by including a copy of the form notice as an exhibit or attachment to the written Rental Agreement;

2. When renewing a Rental Agreement; and

3. When providing notice of a Rent increase or decrease in a Covered Rental Unit
B. Notice Regarding Potential Pass-Through Costs and Fees. A Landlord shall include language in the Rental Agreement that Tenant may be subject to pass- through costs and fees that have been reviewed and approved by the Department.

C. If the Rental Agreement is negotiated or written in a language other than English, the Landlord must also provide the form notice of Tenant rights in English and the language in which the Rental Agreement was negotiated or written.

5.62.110. Enforcement.

A. Enforcement Authority. The Department is authorized to take appropriate steps it deems necessary to administer and enforce this Chapter.

B. The Director of the Department, or designee, may develop and publish procedures and guidelines to aid in the implementation of this Chapter.

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5.62.120. Administrative Review and Appeals.

A. Administrative Review.

1. The Department shall review and evaluate applications pursuant to this Chapter and issue a notice of decision in accordance with its procedures and guidelines.

2. The Department may request documents, interview witnesses and affected parties, and gather necessary evidence to review and make appropriate conclusions and findings.

B. Appeal. Any party dissatisfied by the Department's final decision pursuant to this Chapter may request an appeal of the Department's decision to a Hearing Officer, unless otherwise prohibited by this Chapter. The Department's administrative record shall be reviewable by the Hearing Officer.

C. Time Limit. A party must file an appeal in writing before the Department within thirty (30) of the Department's final decision. The Hearing Officer shall have no authority to consider matters not filed within thirty (30) days of the Department's final decision.

D. Filing of Appeals. An appeal shall be filed with the Department, on the prescribed form, along with any accompanying appeal fee, and shall state specifically whether the basis of the appeal is that:

1. The Department's determination or interpretation is not in accord with the purposes of this Chapter;

2. There was an error or abuse of discretion by the Department;

3. The administrative record includes inaccurate information; or

4. The Department's decision is not supported by the administrative record.

E. Procedures for Appeals.

1. Hearing Dates. A hearing on a request for appeal will be scheduled before a hearing officer for a date no sooner than fifteen (15) days and no later than sixty (60) days after receipt of the request for appeal, unless the hearing officer determines that good cause exists for an extension of time.

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Upon setting the hearing date, the hearing officer shall send written notice to the appealing party of the date, time and place set for the hearing.

2. Public Hearing. The appeal hearing shall be conducted at a hearing open to the public. At the hearing, the Hearing Officer shall review the record of the decision and hear testimony of the party requesting the appeal, representatives of the Department, and any other interested party.

3. Application and Materials. At an appeal hearing, the Hearing Officer shall consider only the administrative record that was the subject of the Department's final decision.

F. Decision and Notice.

1. After the hearing, the Hearing Officer shall either:
a. Affirm, modify, or reverse the Department's decision and specify the reasons for its decision; or
b. Refer the matter back to the Department for further review.

2. Decisions shall be rendered within thirty (30) days of the close of the hearing. If the Hearing Officer fails to act within thirty (30) days of the close of the hearing, the Department's decision shall be deemed affirmed.

G. The Hearing Officer shall mail the Hearing Officer’s decision to the parties within ten (10) days after it is rendered.

H. Final decision. The decision of the Hearing Officer shall be final and not subject to further appeal.

I. Judicial Review of Hearing Officer Decision. Any person directly aggrieved by an administrative decision of a hearing officer pertaining to a request for appeal of a Director's decision under this Chapter, may seek judicial review in the Court pursuant to Government Code Section 53069.4 and/or Code of Civil Procedure Sections 1094.5 and 1094.6.

5.62.130. Administrative Citations.

A. Administrative Citation. Any Landlord or Tenant who violates any provision of this Chapter, or Department's procedures and guidelines, is subject to an

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administrative fine as set in a schedule of fines adopted by resolution by the city council as provided in Chapter 1.16 of the Code.

B. Remedies are Cumulative. Each day that a violation continues shall constitute a separate and distinct offense for which an administrative fine may be imposed. The remedies set forth in this section are cumulative and in addition to any other penalty provided by law, including any remedies which may be sought in a civil action. The provisions of this Chapter shall not be construed as limiting any party's right to obtain relief to which he or she may be entitled at law or in equity.

C. Notices of Violation and Administrative Fine. If the Department determines that a Landlord or Tenant has violated this Chapter, the Department may issue notices of violation and administrative fine in accordance with the authority and procedures set forth in Chapter 1.16 of the Code.

D. Administrative Appeals and Judicial Review.

1. Administrative Appeal. Any Landlord or Tenant who receives a notice of administrative fine may request an administrative hearing before a hearing officer in accordance with Chapter 1.16 of the Code.

2. Judicial Review of Hearing Officer Decision. Any Landlord or Tenant may seek judicial review of a hearing officer's decision pertaining to the imposition of an administrative fine in accordance Chapter 1.16 of the Code.

5.62.140. Remedies.

A. Civil Liability. Any Tenant, or any other person or entity acting on behalf of the Tenant who will fairly and adequately represent the Tenant's interest, including the City, is authorized to bring a civil action and/or proceeding in a court of competent jurisdiction for violation of this Chapter, for civil penalties, injunctive, declaratory and other equitable relief, restitution and reasonable attorneys' fees and costs and may take such other steps as necessary to enforce this Chapter. The court may award reasonable attorneys' fees and costs to a Landlord who prevails in any such action if the court determines that the Tenant's action was frivolous.

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Bell Gardens City CouncilSeptember 25, 2023

Bell Gardens City Council
September 25, 2023