Agenda packet — Bell Gardens City Council, September 25, 2023 (part 1 of 3)

CI TY OF BELL GARDENS

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

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

J O I NT M E E T ING
M O ND AY, S E P T E M B E R 25, 2023, 6:00 P M

AG E ND A
L O C AT IO N: C I T Y C O UNC I L C HAM B E RS, 7100 G ARF IE L D AV E NUE, B E L L G ARD E NS, C A 90201 T he meeting will be held at B ell Gardens City Hall in the Council Chambers. T he public may attend the meeting in-person or virtually as instructed below. You may view the meeting live on the City's website at https://www.bellgardens.org/i-want-to/watch-city-council-meetings .

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

P UB L IC PART I C IPAT IO N: T he members of the public may address the City Council / Agency Members on any item listed on the agenda or on matters which are not listed on the agenda but are within the subject matter jurisdiction of the C ity Council / S uccessor Agency. P ublic comments are limited to three (3) minutes per person for each designated public comment period(s). P ublic comments for non- agenda items will be limited to a total of 30 minutes. P ublic comments can be made by any of the following ways:

I N-P E RS O N: Members of the public can provide in-person comments at the podium in the Council C hamber. T he Council C hambers will have seating available f or members of the public to attend the meeting in person, subject to capacity limits. Public comments are limited to three (3) minutes for each designated public comment period(s) per speaker, unless a dif f erent time is announced by the presiding chair. S peakers who wish to address the City Council / A gency Members should do so by submitting a "P ublic Comment Card" card by 5:00 p.m. for C losed S ession items and by 6:00 p.m. for all other designated public comment periods as listed.

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

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

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

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

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

C AL L T O O RD E R

INV O C AT I O N

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

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

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

P RE S E NTAT IO NS
•NAT IO NAL C O M M UNIT Y P L ANNI NG M O NT H P RO C L AM AT I O N •NAT IO NAL B RE AS T C ANC E R AWARE NE S S M O NT H •D O M E S T I C V I O L E NC E AWARE NE S S M O NT H

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

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

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

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

C I T Y M ANAG E R'S RE P O RT
C O NS E NT C AL E ND AR (Item Nos. 1 - 12)
All matters listed under the Consent Calendar are considered to be routine and can be acted on by one 2 roll call vote. T here will be no separate discussion of these items unless members of the City C ouncil / Successor A gency request specif ic items to be removed f rom the Consent Calendar for separate action.

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

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

Recommendation:

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

2.AP P RO VAL M I NUT E S O F S E P T E M B E R 11, 2023 C L O S E D S E S S IO N AND C I T Y /

S UC C E S S O R AG E NC Y J O INT M E E T I NG S
A pprove the minutes of the S eptember 11, 2023 C losed S ession and City/S uccessor Agency J oint Meetings.

Recommendation:

I t is staff's recommendation that the C ity Council approve the minutes of the S eptember 11, 2023 Closed Session and City/S uccessor A gency J oint Meeting.

3.WARRANT RE G I S T E RS AND WI RE T RANS F E RS
I n approving the action of receiving and f iling the warrant registers, the official minutes of the Bell Gardens City C ouncil should state that each individual member of the City C ouncil is not voting on, inf luencing the outcome of, or participating in approving, accepting, receiving or filing any warrant which bears the name of the same council member, or pays for any costs or expenses, or otherwise benefits the same named council member. Each council member will not be participating, inf luencing or voting on any such warrant bearing their name or which benef its the same named council member, but with that exception is voting in favor of receiving and filing all other warrants contained in this report, unless otherwise noted on the record at the time of the approval of the action required by this report.

Recommendation:

I t is staff's recommendation that the C ity C ouncil receive and f ile the warrant registers, wire transfers, and net payrolls dated 08/24/23, 08/29/23 and 09/05/23.

4.WARRANT RE G I S T E R S UC C E S S O R AG E NC Y
I n approving the action of receiving and f iling the warrant registers, the official minutes of the S uccessor A gency should state that each individual member of the S uccessor Agency is not voting on, influencing the outcome of, or participating in approving, accepting, receiving or filing any warrant which bears the name of the same Successor Agency Member, or pays for any costs or expenses, or otherwise benef its the same named Successor Agency Member. E ach S uccessor A gency Member will not be participating, influencing or voting on any such warrant bearing their name or which benefits the same named Successor A gency Member, but with that exception is voting in favor of receiving and f iling all other warrants contained in this report, unless otherwise noted on the record at the time of the approval of the action required by this report.

Recommendation:

I t is staf f 's recommendation that the S uccessor A gency Members receive and f ile the warrant 3 register dated 08/29/23.

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

Recommendation:

I t is recommended that the City Council receive, approve, and f ile the J uly 2023 Treasurer's Report.

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

Recommendation:

I t is recommended that the C ity Council receive, approve, and file the August 2023 Treasurer's Report.

7.S E C O ND RE AD I NG O F O RD I NANC E NO. 938, E X C E P T I O NS T O RE Q UIRE D PARK I NG S econd Reading of Ordinance No. 938 (Parking E xceptions) amending Title 9 (Z oning and P lanning R egulations) of the Bell Gardens Municipal Code (“B G MC ”) to comply with required state legislation and the B ell Gardens General P lan.

Recommendation:

I t is staf f 's recommendation that the C ity Council waive the f ull reading and adopt O rdinance No. 938 to comply with required state legislation and B ell Gardens General P lan.

8.C O NS ID E RAT I O N O F A RE S O L UT I O N AUT HO RI ZI NG AC C E P TANC E O F T HE UNIT E D

S TAT E S F E D E RAL C O M M UNIC AT I O NS C O M M I S S I O N AF F O RD AB L E C O NNE C T I V I T Y

P RO G RAM G RANT F UND I NG
T he A f f ordable C onnectivity Program is a federal government program that helps ensure that eligible households can afford the broadband they need for work, school, healthcare, and more.

Recommendation:

I t is staf f 's recommendation that the C ity Council by motion adopt a Resolution authorizing acceptance of the United S tates F ederal Communications Commission Broadband A f f ordable Connectivity P rogram grant f unding.

9.AD O P T IO N O F RE S O L UT I O N AC C E P T I NG F UND ING F RO M T HE UNI T E D WAY O F

G RE AT E R L O S ANG E L E S E M E RG E NC Y F O O D AND S HE LT E R P RO G RAM (E F S P ) G RANT
A doption of a resolution accepting f unding f or the United Way Emergency F ood and Shelter P rogram Grant.

Recommendation:

I t is staff's recommendation that the C ity Council by motion adopt the attached resolution accepting f unding for the United Way Emergency F ood and Shelter Program (E F S P) grant.

10.AD O P T IO N O F RE S O L UT I O N AC C E P T I NG G RANT F UND I NG F RO M C AL IF O RNI A P HY S I C IANS’ S E RV IC E D/B/A B L UE S HIE L D O F C AL I F O RNIA P RO M IS E HE ALT H P L AN
A doption of a R esolution approving an agreement with Blue Shield of California 4 Recommendation:

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

1. A dopt the attached resolution approving an agreement, subject to C ity A ttorney approval as to f orm, with B lue S hield of C alif ornia.

11.AD O P T IO N O F RE S O L UT IO N AC C E P T ING F UND I NG F RO M T HE L A84 F O UND AT I O N A dopt a resolution accepting grant funds from the L A 84 F oundation for a L earn to Swim Program.

Recommendation:

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

1. A dopt the attached resolution approving an agreement with the L A84 F oundation.

12.AP P RO VAL O F C O NT RAC T S E RV I C E S AG RE E M E NT WI T H B RIG HT V IE W G O L F M AI NT E NANC E, INC. F O R B E L L G ARD E NS G O L F C O URS E L AND S C AP E AND

M AI NT E NANC E S E RV IC E S
A doption of a R esolution and approval of a C ontract S ervices A greement with B rightview Golf Maintenance, I nc. f or a three-year term with the option of two one-year extensions.

Recommendation:

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

1. A dopt the attached resolution; and

2. A pprove a Contract S ervices Agreement with Brightview Golf Maintenance, I nc. for the C ity of B ell Gardens G olf Course landscape and maintenance services for a three-year term with the option of two one-year extensions.

D I S C US S IO N (Item Nos. 13 - 18)

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

Recommendation:

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

14.C O NS ID E RAT I O N O F A P RO F E S S IO NAL S E RV IC E S AG RE E M E NT WI T H G O G O V F O R

T HE C I T Y M O B IL E AP P
A doption of resolution and award of prof essional services agreement with G O Gov for the C ity mobile app.

Recommendation:

I t is staff's recommendation that the C ity Council adopt the attached resolution and authorize the City Manager to execute a Prof essional S ervices Agreement with G O Gov for the City mobile app, subject to approval by the City Attorney.

15.C O NS ID E RAT I O N AND AP P RO VAL O F A RE S O L UT IO N T O F O RM T HE S I D E WAL K

V E ND ING AD HO C C O M M I T T E E AND M AK E AP P O INT M E NT S Consider the adoption of a Resolution to form a new S idewalk Vending Ad Hoc C ommittee and appointments f or purpose of addressing current and future concerns associated with unpermitted 5 sidewalk vending and compliance options.

Recommendation:

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

16.VAC ANT AND /O R AB AND O NE D P RO P E RT Y INV E NT O RY City Council directed inventory of all existing vacant/abandoned land and/or buildings for the purpose of determining if a registration program and/or tax measure is warranted.

Recommendation:

I t is staf f ’s recommendation that the C ity Council receive and file this report or provide staff with f urther direction.

17.RE NT S TAB I L IZAT IO N O RD INANC E C O S T O F S E RV I C E S S T UD Y City C ouncil-directed Cost S tudy to implement the City's new R ent Stabilization and Tenant E viction P rotections Ordinance, which was adopted in October of 2022. T he Cost S tudy accounts f or all costs associated with administering the ordinance, including staf f ing, rental registry fees, software, and legal.

Recommendation:

I t is staf f ’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 Cost S tudy, accept the Cost S tudy, and direct staff to move forward with the implementation of the rental registry, proposed staffing, and software solutions, which will result in a revised city fee schedule to be presented to the C ity Council f or adoption at a future meeting as well as f uture position creations and budget allocations f or personnel and sof tware costs.

A s a third option, the C ity C ouncil may direct staff 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 Ordinance and an increase to the rental registration fees for either of the cost options selected.

18.I ND O O R M URAL ART WO RK AP P RO VAL F O R V E T E RANS PARK AD M I NI S T RAT I O N

B UIL D ING HAL LWAY
S taff is looking f or C ouncil's approval f or an indoor mural at the Bell Gardens Veterans Park A dministration building.

Recommendation:

I t is staff's recommendation that the City C ouncil by motion select and approve an art concept for the indoor mural to be painted at Veterans P ark A dministration B uilding Hallway, subject to agreement f rom the L atino Equality A lliance that the City will not be held responsible for any damage to the mural, and that the C ity reserves the right to remove or modif y the mural as it may deem necessary, at any time, without notice.

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

AD J O URNM E NT
D aisy Gomez, C ity C lerk
Agenda was posted on September 21, 2023.
6 CIT Y OF BE LL GARDENS

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

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

T O:Honorable Mayor and C ity C ouncil Members
F RO M : Michael B. O’Kelly, City Manager
B Y:D aisy Gomez, C ity C lerk
S UB J E C T:G E NE RAL M O T I O N T O WAI V E F UL L RE AD ING AND AP P RO V E O RD I NANC E S B Y T IT L E O NLY P URS UANT T O C AL IF O RNI A G O V E RNM E NT C O D E S E C T IO N 36934 D AT E:September 25, 2023
RE C O M M E ND AT IO N:

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

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

I n order to expedite the conduct of business at Council meetings, C alif ornia S tate L aw (California Government C ode Section 36934) allows Ordinances to be read by title if a majority of the C ouncil supports the motion waiving the full reading. Most California cities adopt a standard motion at the beginning of each meeting in order to effectuate this waiver.

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

C O NC L US I O N:

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

F I S C AL I M PAC T:

No fiscal impact.

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

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 7 CIT Y OF BE LL GARDENS

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

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

T O:Honorable Mayor and C ity C ouncil Members
F RO M : Michael B. O’Kelly, E xecutive Director
B Y:D aisy Gomez, C ity C lerk
S UB J E C T:AP P RO VAL M I NUT E S O F S E P T E M B E R 11, 2023 C L O S E D S E S S IO N AND C I T Y /

S UC C E S S O R AG E NC Y J O I NT M E E T ING 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 C ity C ouncil approve the minutes of the S eptember 11, 2023 Closed Session and C ity/Successor Agency J oint Meeting.

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

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

C O NC L US I O N:

I f approved, the minutes of the Closed S ession and C ity/Successor A gency J oint Meetings will be archived in the C ity C lerk's Office.

F I S C AL I M PAC T:

No fiscal impact.

AT TAC HM E NT S :

D escription
Exhibit 1 - Minutes of September 11, 2023
AP P RO V E D E L E C T RO NI C AL LY B Y:

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

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

J O I NT M E E T ING
M O ND AY, S E P T E M B E R 11, 2023, 6:00 P M

M I NUT E S
L O C AT IO N: C I T Y C O UNC I L C HAM B E RS, 7100 G ARF IE L D AV E NUE, B E L L G ARD E NS, C A 90201 P UB L IC PART I C IPAT IO N: T he members of the public may address the City Council / Agency Members on any item listed on the agenda or on matters which are not listed on the agenda but are within the subject matter jurisdiction of the C ity Council / S uccessor Agency. P ublic comments are limited to three (3) minutes per person for each designated public comment period(s). P ublic comments for non- agenda items will be limited to a total of 30 minutes. P ublic comments can be made by any of the following ways:

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

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

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

B ruceBruce
9Exhibit 1

C AL L T O O RD E R
T he Council Members of the City of Bell Gardens City Council/S uccessor A gency held a J oint R egular meeting on S eptember 11, 2023, in the C ouncil Chambers, 7100 Garf ield Avenue, B ell Gardens, C A with Mayor Francis de L eon Sanchez presiding. Mayor Francis de L eon S anchez called the joint meeting to order at 6:05 p.m.

INV O C AT I O N
T he invocation was given by Minister D aniel Anguiano.

P L E D G E O F AL L E G IANC E
T he P ledge of A llegiance was led by Girl S cout Brownie Troop #2543.

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

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

Present:

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

Absent:

None

P RE S E NTAT IO NS
•P RO C L AM AT IO N I N HO NO R HI S PANI C HE RI TAG E M O NT H Mayor P ro Tem J orgel Chavez read the certificate of recognition. •C E RT I F IC AT E O F RE C O G NI T I O N - NAT I O NAL L AT I NO/A P HY S IC I AN D AY T his item was heard after the National Preparedness Month proclamation. Mayor F rancis de L eon Sanchez read the certif icate of recognition and presented it to Mariela Garcia. •NAT IO NAL P RE PARE D NE S S M O NT H
T his item was heard after the Proclamation in Honor of Hispanic Heritage Month and prior to C ertif icate of R ecognition - National L atino/a Physician's D ay. Councilmember G abriela Gomez read the certif icate of recognition.

P UB L IC HE ARING (Item No. 1)

1.O RD INANC E NO. 938, E X C E P T IO NS T O RE Q UI RE D PARK ING Consideration of an ordinance to accommodate alternative parking types, expand allowable parking exceptions related to parking requirements, and implement B ell Gardens G eneral Plan policies and programs to facilitate housing production.
10Exhibit 1

Recommendation:

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

1. C onduct a duly noticed public hearing;

2. Waive full reading and introduce Ordinance No. 938 (E xhibit 1) by title only, amending Title 9 (Z oning and P lanning R egulations) of the B ell Gardens Municipal Code (“B G MC ”) to comply with required state legislation and Bell Gardens General Plan; and

3. F ind the proposed ordinance is exempt from the provisions of the California E nvironmental Quality A ct (“C E Q A ”) pursuant to S tate C E Q A Guidelines Section 15061.

Mayor F rancis de L eon S anchez opened the public hearing at 6:16 p.m.

Steven J ones, C ommunity Development Planner, provided a presentation.

P UB L I C C O MME NT

C ity C lerk D aisy Gomez announced that no written comments were received.

Bruce C row spoke in opposition to the item.

Edrin spoke in opposition to the item.

Mayor F rancis de L eon S anchez closed the public hearing at 6:30 p.m.

A motion was made by Councilmember Marco B arcena, seconded by C ouncilmember Gabriela Gomez to approve staff's recommendation.

T he motion carried 5-0 with the f ollowing vote:

AYE S : B arcena, Gomez, P ulido, Chavez, De L eon S anchez NO E S: None
A B S E NT: None
A B S TA I N: None

Ordinance No. 938 was approved.

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

J URIS D I C T IO N O F T HE C I T Y C O UNC I L / S UC C E S S O R AG E NC Y C ity C lerk D aisy Gomez announced that there were no written comments received.

Bruce C row spoke regarding various topics.

R ogelio R odriguez spoke regarding various topics.

P UB L IC C O M M E NT S O N AG E ND A I T E M S O NLY C ity C lerk D aisy Gomez announced that there were no written comments received. 11Exhibit 1

Bruce C row spoke regarding item #16.

R ogelio R odriguez spoke regarding item # 8.

Edrin spoke in opposition to item #16.

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

C O NS E NT C AL E ND AR (Item Nos. 2 - 12)
All matters listed under the Consent Calendar are considered to be routine and can be acted on by one roll call vote. T here will be no separate discussion of these items unless members of the City C ouncil / Successor A gency request specif ic items to be removed f rom the Consent Calendar for separate action.

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

A motion was made by Councilmember Marco B arcena, seconded by C ouncilmember Gabriela Gomez to approve Consent C alendar I tem Nos. 2 - 12.

T he motion carried 5-0 with the f ollowing vote f or I tem Nos. 2 - 12:

AYE S : B arcena, Gomez, P ulido, Chavez, De L eon S anchez NO E S: None
A B S E NT: None
A B S TA I N: None

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

Recommendation:

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

3.AP P RO VAL M I NUT E S O F AUG US T 28, 2023 C L O S E D S E S S IO N AND C IT Y /

S UC C E S S O R AG E NC Y J O INT M E E T I NG S
A pprove the minutes of the August 28, 2023 C losed S ession and C ity/Successor Agency J oint Meetings.

Recommendation:

I t is staff's recommendation that the C ity Council approve the minutes of the August 28, 2023 Closed Session and City/S uccessor A gency J oint Meeting.

4.WARRANT RE G I S T E R S UC C E S S O R AG E NC Y
12Exhibit 1

I n approving the action of receiving and f iling the warrant registers, the official minutes of the S uccessor A gency should state that each individual member of the S uccessor Agency is not voting on, influencing the outcome of, or participating in approving, accepting, receiving or filing any warrant which bears the name of the same Successor Agency Member, or pays for any costs or expenses, or otherwise benef its the same named Successor Agency Member. E ach S uccessor A gency Member will not be participating, influencing or voting on any such warrant bearing their name or which benefits the same named Successor A gency Member, but with that exception is voting in favor of receiving and f iling all other warrants contained in this report, unless otherwise noted on the record at the time of the approval of the action required by this report.

Recommendation:

I t is staf f 's recommendation that the S uccessor A gency Members receive and f ile the warrant register dated 08/22/23.

5.WARRANT RE G I S T E RS AND WI RE T RANS F E RS
I n approving the action of receiving and f iling the warrant registers, the official minutes of the Bell Gardens City C ouncil should state that each individual member of the City C ouncil is not voting on, inf luencing the outcome of, or participating in approving, accepting, receiving or filing any warrant which bears the name of the same council member, or pays for any costs or expenses, or otherwise benefits the same named council member. Each council member will not be participating, inf luencing or voting on any such warrant bearing their name or which benef its the same named council member, but with that exception is voting in favor of receiving and filing all other warrants contained in this report, unless otherwise noted on the record at the time of the approval of the action required by this report.

Recommendation:

I t is staff's recommendation that the C ity C ouncil receive and f ile the warrant registers, wire transfers, and net payrolls dated 03/13/23, 08/10/23, 08/15/23, and 08/22/23.

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

RE I M B URS E M E NT AG RE E M E NT WIT H T HE L O S ANG E L E S C O UNT Y D E V E L O P M E NT AUT HO RI T Y F O R T HE C IT Y ’S C O NT I NUE D PART I C IPAT IO N I N T HE P E RM ANE NT L O C AL HO US I NG AL L O C AT I O N (P L HA) P RO G RAM F O R Y E AR 3 (2023) AL L O C AT I O N T O I M P L E M E NT T HE P RO G RAM D URING F IS C AL Y E AR (F Y) 2023-2024 Resolution approving and authorizing a reimbursement agreement with the L os Angeles C ounty Development A uthority (L A C D A) for the City’s continued participation in the L os Angeles C ounty Development Authority Permanent L ocal Housing A llocation (P L HA) Program. W hich will be used to create a new rental assistance program f or B ell Gardens residents.

Recommendation:

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

1. A dopt the attached Resolution, approving and authorizing a reimbursement agreement with the L os A ngeles County D evelopment A uthority for the City’s participation in the L os A ngeles Urban C ounty P ermanent L ocal Housing A llocation (P L HA ) P rogram f or Year 3 (2023) A llocation to implement the program during F iscal Year (F Y) 2023-2024; and

2. Rescind Resolution No. 2023-60.

R esolution No. 2023-70 was approved.

7.AC C E P TANC E O F T HE C AL IF O RNIA O F F IC E O F T RAF F IC S AF E T Y (O T S ) S T E P 13Exhibit 1

G RANT F UND S
T he police department applied for and was awarded a traf f ic enforcement grant through the California Office of Traf f ic S afety in the amount of $100,000.00 f or F Y 2023-24. T he grant requires that the City Council formally accept these funds by entering into a Grant Agreement and adopting the attached Resolution.

Recommendation:

I t is staff recommendation that the City Council adopt the attached R esolution approving Grant A greement No. P T 24013 with the State of C alif ornia - Office of Traffic S af ety, thereby accepting grant funds and authorizing the police department to begin expending these funds toward its Traf f ic S af ety P rogram.

R esolution No. 2023-71 was approved.

8.AP P RO VAL O F P L ANS AND S P E C IF I C AT IO NS AND AUT HO RIZAT IO N T O S O L IC I T B ID S F O R T HE V E T E RANS PARK C I T Y YARD S T O RM WAT E R IM P RO V E M E NT S (C .I.P.

NO. 3880)
T he plans and specif ications for the Veterans P ark C ity Yard S tormwater I mprovements have been prepared. Approval of this item will allow the C ity to advertise the project f or bids.

Recommendation:

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

1. A pprove plans and specifications f or the Veterans P ark City Yard S tormwater I mprovements; and

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

3. A ppropriate $567,193 of Measure W f unds to complete this project; and

4. F ind that the project is categorically exempt from the California Environmental Quality Act (C E Q A) pursuant to Guidelines S ection 15301(c).

9.AP P RO VAL O F P L ANS AND S P E C IF I C AT IO NS AND AUT HO RIZAT IO N T O S O L IC I T B ID S F O R T HE S L URRY S E AL IM P RO V E M E NT S P RO J E C T - ZO NE 4 (C.I.P. NO. 3921) T he plans and specif ications for the Slurry Seal I mprovements - Z one 4 have been prepared.

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

Recommendation:

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

1. A pprove plans and specif ications for the S lurry S eal I mprovements - Z one 4; and

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

3. F ind that the project is categorically exempt from the California Environmental Quality Act (C E Q A) pursuant to Guidelines S ection 15301(c).

10.AWARD O F C O NT RAC T F O R T HE VARI O US AL L E Y IM P RO V E M E NT S P RO J E C T (C .I.P.

NO. 3930)
Consideration of award of a Construction C ontract to S ingh Group I nc. dba B aja P acif ic for the reconstruction of six alley segments within the City.

Recommendation:

I t is staff’s recommendation that the C ity C ouncil:
14Exhibit 1

1. Award a Construction Contract to Singh Group I nc. dba B aja Pacific in the amount of $657,146 for the Various Alley I mprovements (C.I .P. No. 3930); and

2. A uthorize staf f to execute the agreement and approve change orders that may be necessary during construction to cover any unf oreseen condition in an amount not to exceed 10% of the construction contract.

11.AWARD O F P RO F E S S IO NAL S E RV I C E S F O R O N-C AL L G RANT WRIT ING , G RANT

AD M INIS T RAT IO N, P RO G RAM M ANAG E M E NT, L AB O R C O M P L IANC E , AND

C O M M UNIT Y O UT RE AC H S E RV I C E S
Consideration of a R esolution to approve a P rofessional Services Agreement with Advance Avant- Garde Corporation for On-Call G rant Writing, Grant A dministration, P rogram Management, L abor Compliance, and Community Outreach S ervices.

Recommendation:

I t is staff’s recommendation that the C ity Council adopt the attached Resolution approving a P rofessional Services A greement with A dvanced Avant-Garde Corporation f or O n-Call Grant Writing, G rant Administration, P rogram Management, L abor C ompliance, and Community Outreach S ervices.

R esolution No. 2023-72 was approved.

12.AC C E P TANC E O F C I T Y WI D E S T RI P I NG AND M ARK I NG P RO J E C T (C.I.P. NO. 3916) AS

C O M P L E T E
Consideration of acceptance of the C itywide S triping and Marking Project as complete.

Recommendation:

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

1. A ccept the C itywide S triping and Marking Project as complete; and

2. A uthorize staf f to f ile the Notice of C ompletion.

D I S C US S IO N (Item Nos. 13 - 16)

Recommendation:

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

Mayor F rancis de L eon S anchez nominated Oscar Boado to the Planning C ommission.

A motion was made by Mayor Francis de L eon S anchez, seconded by Mayor P ro Tem J orgel C havez to appoint Oscar Boado to the Planning C ommission.

T he motion carried 5-0 with the f ollowing vote:

AYE S : B arcena, Gomez, P ulido, Chavez, De L eon S anchez. 15Exhibit 1

NO E S: None
A B S E NT: None
A B S TA I N: None

14.C O NS ID E RAT I O N O F A P RO F E S S I O NAL S E RV I C E S AG RE E M E NT F O R T HE C I T Y

M O B IL E AP P
A doption of resolution and award of prof essional services agreement for the City mobile app.

Recommendation:

Hailes Soto, A ssistant to the City Manager, and K evin Strauss, Vice P resident of G O Gov, provided a presentation.

A motion was made by Councilmember Marco B arcena, seconded by C ouncilmember Gabriela Gomez to table this item to the next regular meeting.

T he motion carried 5-0 with the f ollowing vote:

AYE S : B arcena, Gomez, P ulido, Chavez, De L eon S anchez.

NO E S: None
A B S E NT: None
A B S TA I N: None

15.VAC ANT /AB AND O NE D L AND AND B UIL D ING RE G I S T RAT I O N P RO G RAM Discussion regarding a vacant/abandoned land and building registration program for the City of Bell Gardens.

Recommendation:

I t is staff's recommendation that the City C ouncil receive and file this report or provide staff f urther direction.

Gustavo R omo, Director of C ommunity Development, provided a presentation.

A motion was made by Mayor F rancis D e L eon Sanchez, seconded by C ouncilmember Marco Barcena to receive and file this item.

A motion was made by Mayor P ro Tem J orgel C havez, seconded by C ouncilmember Marco B arcena to bring back this item at the next regular meeting to include those that are eligible, fees, and specif ic characteristics indicating commercial or housing.

T he motion carried 5-0 with the f ollowing vote:

AYE S : B arcena, Gomez, P ulido, Chavez, De L eon S anchez.

NO E S: None
A B S E NT: None
A B S TA I N: None
16Exhibit 1

16.S I D E WAL K V E ND I NG UP D AT E
Update on the C ity's S idewalk Vending activity and report of recent code enf orcement activity to ensure compliance with state and local regulations.

Recommendation:

I t is staff's recommendation that the C ity C ouncil receive and file this report.

Gustavo R omo, Director of C ommunity Development, provided a presentation.

A motion was made by Mayor F rances de L eon S anchez, seconded by C ouncilmember Marco Barcena to receive and file this item.

A motion was made by Mayor P ro Tem J orgel C havez, seconded by C ouncilmember Marco B arcena to bring back this item f or appointment to a sidewalk vending ad hoc committee.

T he motion carried 5-0 with the f ollowing vote:

AYE S : B arcena, Gomez, P ulido, Chavez, De L eon S anchez.

NO E S: None
A B S E NT: None
A B S TA I N: None

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

AD J O URNM E NT
Mayor F rancis de L eon Sanchez adjourned the meeting in memory of individuals impacted by the terrorist attacks of the September 11, 2001, at 8:11 p.m.

D aisy Gomez, C ity C lerk
Agenda was posted on S eptember 7, 2023.
17Exhibit 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 3.

T O:Honorable Mayor and C ity C ouncil Members
F RO M : Michael B. O'Kelly, City Manager
B Y:Manuel C arrillo, D irector of F inance & A dministrative S ervices S UB J E C T:WARRANT RE G IS T E RS AND WIRE T RANS F E RS D AT E: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 the warrant registers, wire transf ers, and net payrolls dated 08/24/23, 08/29/23 and 09/05/23.

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

T he attached warrant registers, wire transf ers, and net payrolls are f or 08/24/23, 08/29/23 and 09/05/23. The warrant registers, wire transfers, and net payrolls ref lect the f inancial obligations of the City f or the above referenced dates.

C O NC L US I O N:

I f the recommendation to the C ity Council is approved, then the warrant registers, wire transfers, and net payrolls dated 08/24/23, 08/29/23 and 09/05/23 will be received and filed.

F I S C AL I M PAC T:

Wire transfer 08/24/23 1846 - 1850 $282,371.21
Warrant register 08/29/23 187219 - 187305 $335,791.13
T ot a l Bank $618,162.34
N et payro ll transfer 08/24/23 - $526,604.82
T otal Vouche r $1,144,767.16

Warrant register 08/29/23 187306 - 187319 $49,434.39
T otal Ba nk $49,434.39

Warrant register 09/05/23 187320 - 187385 $88,171.92
T otal Ba nk $88,171.92

Warrant register 09/05/23 187386- 187390 $12,906.89
T otal Vouche r $12,906.79

Grand T ot a l Vouche rs $1,295,280.26

AT TAC HM E NT S :

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

21Exhibit 1

22Exhibit 1

23Exhibit 1

24Exhibit 1

25Exhibit 1

26Exhibit 1

27Exhibit 1

28Exhibit 1

29Exhibit 1

30Exhibit 1

31Exhibit 1

32Exhibit 1

33Exhibit 1

34Exhibit 1

35Exhibit 1

36Exhibit 1

37Exhibit 1

38Exhibit 1

CIT Y OF BE LL GARDENS

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

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

T O:Honorable Mayor and C ity C ouncil Members
F RO M : Michael B. O'Kelly, City Manager
B Y:Manuel C arrillo, D irector of F inance & A dministrative S ervices S UB J E C T:WARRANT RE G IS T E R S UC C E S S O R AG E NC Y 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 S uccessor Agency Members receive and f ile the warrant register dated 08/29/23.

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

T he attached warrant register is for 08/29/23. T he warrant register ref lects the obligation of the S uccessor A gency to the Community D evelopment Commission (S uccessor A gency) f or the above referenced date.

C O NC L US I O N:

I f the recommendation to the Successor A gency Members is approved, then the warrant register dated 08/29/23 will be received and f iled.

F I S C AL I M PAC T:

Warrant register 08/29/23 12933 $228,895.69
Total Voucher $228,895.69
Grand Total Voucher $228,895.69

AT TAC HM E NT S :

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

CIT Y OF BE LL GARDENS

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

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

T O:Honorable Mayor and C ity C ouncil Members
F RO M : Michael B. O'Kelly, City Manager
B Y:Manuel C arrillo, D irector of F inance and A dministrative S ervices J ules Tak, Accounting Manager
S UB J E C T:J ULY 2023 T RE AS URE R'S RE P O RT
D AT E:September 25, 2023
RE C O M M E ND AT IO N:

I t is recommended that the City Council receive, approve, and f ile the J uly 2023 Treasurer's Report.

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

T he Treasurer's R eport is a list of cash and investments held by the C ity as of J uly 31, 2023. Monthly reporting includes cash balances by fund and reconciled bank balances provided by F inance and A dministrative S ervices.

C O NC L US I O N:

T he J uly 31, 2023, Treasurer's R eport has been presented to the City Council with a recommendation to receive, approve and file.

F I S C AL I M PAC T:

No fiscal impact.

AT TAC HM E NT S :

D escription
Exhibit 1 - Treasurer's R eport J uly 2023
AP P RO V E D E L E C T RO NI C AL LY B Y:

43Exhibit 1

44Exhibit 1

45Exhibit 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 6.

T O:Honorable Mayor and C ity C ouncil Members
F RO M : Michael B. O'Kelly, City Manager
B Y:Manuel C arrillo, D irector of F inance and A dministrative S ervices J ules Tak, Accounting Manager
S UB J E C T:AUG US T 2023 T RE AS URE R'S RE P O RT
D AT E:September 25, 2023
RE C O M M E ND AT IO N:

I t is recommended that the City Council receive, approve, and f ile the A ugust 2023 Treasurer's R eport.

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

T he Treasurer's R eport is a list of cash and investments held by the City as of August 31, 2023. Monthly reporting includes cash balances by fund and reconciled bank balances provided by F inance and A dministrative S ervices.

C O NC L US I O N:

T he A ugust 31, 2023, Treasurer's R eport has been presented to the City C ouncil with a recommendation to receive, approve and file.

F I S C AL I M PAC T:

No fiscal impact.

AT TAC HM E NT S :

D escription
Exhibit 1 - Treasurer's R eport A ugust 2023
AP P RO V E D E L E C T RO NI C AL LY B Y:

48Exhibit 1

49Exhibit 1

50Exhibit 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 7.

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:S E C O ND RE AD ING O F O RD INANC E NO. 938, E X C E P T IO NS T O RE Q UI RE D PARK ING 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 C ity Council waive the full reading and adopt Ordinance No. 938 to comply with required state legislation and Bell Gardens General Plan.

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

On September 11, 2023, the City Council waived the full reading and introduced O rdinance No. 938, by title only, amending Title 9 of the Bell Gardens Municipal Code to add provisions f or vehicle parking space alternatives and expanded exceptions to minimum required parking. T he C ouncil, by a vote of 5-0, indicated its intent to adopt the ordinance. Ordinance No. 938 proposes standards f or compact, electric vehicles, and bicycle parking spaces. T he proposed ordinance would also expand the criteria used for exceptions to minimum parking requirements f or new development projects to include sites located within ½ mile of a major transit stop. Revisions to the municipal code are needed to comply with the allowances under the state’s statute.

C O NC L US I O N:

I mplementation is expected to decrease development costs by eliminating a key obstacle for new development.

R educing the oversupply of automobile parking can help transition communities away f rom over-reliance on automobiles, increase the availability of housing stock, encourage orderly development, and improve the economy and air quality since businesses will have access to a closer and wider population and fewer V MTs lead to reduced G HGs and cleaner air.

T he proposed ordinance has the potential to provide substantial benef it to the C ity in f ostering development across all housing categories and help transition communities away from over-reliance on automobiles and improve the air quality.

F I S C AL I M PAC T:

I f approved, Ordinance No. 938 would become ef f ective 30 calendar days from S eptember 25, 2023. T he proposed ordinance would be incorporated into the existing Z oning Code f ramework and would require staff oversight and management. However, the application of the ordinance would occur along with other current services already provided by the Community Development D epartment. A portion of staf f time is recovered f rom fees to process entitlement requests. T herefore, no additional f iscal impact is anticipated. 51 AT TAC HM E NT S :

D escription
Exhibit 1 - Ordinance No. 938
AP P RO V E D E L E C T RO NI C AL LY B Y:

AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF BELL

GARDENS, CALIFORNIA, AMENDING BELL GARDENS MUNICIPAL
CODE TITLE 9 “ZONING AND PLANNING REGULATIONS TO EXPAND

THE ALLOWABLE EXCEPTIONS RELATED TO MINIMUM PARKING

REQUIREMENTS AND ALLEVIATE PARKING STANDARDS

WHEREAS, the City of Bell Gardens (“City”) is a general law city, incorporated under the laws of the State of California;

WHEREAS, California Constitution Article XI, Section 7, enables cities to make and enforce local land use regulations;

WHEREAS, the Bell Gardens General Plan (“Plan”) articulates the community’s vision and is implemented by an effective Zoning Code;

WHEREAS, the proposed zoning text amendment is consistent with furthering the goals and objectives of the Plan to ensure the needs of the residents are met;

WHEREAS, On February 14, 2022, the City adopted the 6th cycle General Plan Housing Element Update, implementing programs and policies to alleviate minimum parking requirements to facilitate housing development;

WHEREAS, the Plan’s Housing Element Program 6 underscores the City’s commitment to accommodating compact parking spaces to incentivize housing production;

WHEREAS, of the Plan’s Housing Element Program 13 obliges the City to facilitate Zoning Code amendments removing the requirement of garage parking spaces as covered parking spaces;

WHEREAS, on September 22, 2022, the California Governor signed Assembly Bill (“AB”) 2097, which added Government Code Section 65863.2 to prohibit minimum automobile parking requirements on any residential, commercial, or other development project that is within one-half mile of a major transit stop, with minor exceptions;

WHEREAS, current parking requirements are often one-size-fits-all and result in an oversupply of parking;
WHEREAS, the intent and purpose of AB 2097 is to decrease costs and barriers to housing production and create development opportunities; WHEREAS, there is the expectation that reducing the oversupply of automobile parking that the use of alternative transportation will increase, thereby reducing traffic, greenhouse gas emissions, and air pollution;
53Exhibit 1

Ordinance No. 938
Page No. 2
WHEREAS, the purpose of the proposed ordinance to expand required parking exceptions is to ensure compliance with the provisions of AB 2097, incorporate regulations and comprehensive language for a determination of a substantially negative impact to the City’s ability to meet housing needs or an existing residential, commercial, or other development, and transition communities away from over-reliance on automobiles;
WHEREAS, pursuant to California Government Code Sections 65854 and 65090, the Planning Commission duly noticed, agendized, and conducted the public hearing on this matter on August 16, 2023;
WHEREAS, the Planning Commission considered all public comments received both before and during the public hearing, the presentation by City staff, the relevant staff report, and all other pertinent documents regarding the proposed Zoning Code Amendment No. 2023-050; and
WHEREAS, after the close of such public hearing, the Planning Commission adopted Planning Commission Resolution #2023-07 recommending to the City Council the approval of Zoning Code Amendment No 2023-050.

NOW, THEREFORE, THE CITY COUNCIL OF THE CITY OF BELL GARDENS DOES ORDAIN AS FOLLOWS (unless otherwise noted, changes are shown in double underline or strikethrough text):

SECTION 1. The recitals set forth above are true and correct and hereby incorporated by reference in full herein.

SECTION 2. Findings and Purpose. In adopting this Ordinance, the City Council finds and declares as follows:

i. The above recitals are true and correct and incorporated. ii. Ordinance No. 938 serves the public health, safety, and welfare of the residents and businesses within the City by establishing a framework to decrease development costs and reduce vehicle miles traveled and greenhouse gas emissions.
iii. Ordinance No. 938 is consistent with the City’s General Plan and state law. iv. Ordinance No. 938, amending the City of Bell Gardens Municipal Code, presents no risk to the public health and safety.

SECTION 3. Bell Gardens Municipal Code Title 9, Planning and Zoning, Chapter

9.04, “Definitions,” Section 9.04.050 “E” definitions”, is amended and enacted to add the following definitions:
“Electric Vehicle (EV)” shall have the same meaning set forth in Section 202 of the California Green Building Standards Code and shall mean an automotive-type vehicle for 54Exhibit 1

Ordinance No. 938
Page No. 3
on-road use, such as passenger automobiles, buses, trucks, vans, neighborhood electric vehicles, electric motorcycles, and the like primarily powered by an electric motor that draws current from a rechargeable storage battery, fuel cell, photovoltaic array, or other source of electric current. Plug-in hybrid electric vehicles (PHEV) are "electric vehicles." Off-road, self-propelled electric vehicles, such as industrial trucks, hoists, lifts, transports, golf carts, airline ground support equipment, tractors boats, and the like, are not "electric vehicles."
“Electric Vehicle Charging Space” shall have the same meaning set forth in Section 202 of the California Green Building Standards Code and shall mean a space intended for charging electric vehicles.
“Electric Vehicle Supply Equipment” shall have the same meaning set forth in Section 202 of the California Green Building Standards Code and shall mean the conductors, including the ungrounded, grounded, and equipment grounding conductors and the electric vehicle connectors, attachment plugs, and all other fitting devices, power outlets, or apparatus installed specifically for transferring energy between the premise's wiring and the electric vehicle.

SECTION 4. Bell Gardens Municipal Code Title 9, Planning and Zoning, Chapter

9.04, “Definitions,” Section 9.04.080 “H” definitions”, is amended and enacted to add the following definitions:
“Housing unit” shall mean a dwelling unit as defined in 9.04.040 “D” definitions.

SECTION 5. Bell Gardens Municipal Code Title 9, Planning and Zoning, Chapter

9.04, “Definitions,” Section 9.04.160 ““P” definitions”, is amended and enacted to add the following definition:
“Major Transit Stop” shall have the same meaning set forth in California Public Resources Code Section 21155.

SECTION 6. Bell Gardens Municipal Code Title 9, Planning and Zoning, Chapter

9.04, “Definitions,” Section 9.04.170 ““S” definitions”, is amended and enacted to add the following definition:
“Specially Designated Project” as described in Government Code Section 65863.2, shall mean a housing project specifically designed with a minimum of 20 percent of the total number of housing units within the proposed development project to very low-, low-, or moderate-income households, students, the elderly, or persons with disabilities, the entire development project is fewer than 20 housing units, or the development is subject to parking reductions based on the provisions of any other applicable law.

SECTION 7. Bell Gardens Municipal Code Title 9, Planning and Zoning, Chapter

9.38, “Parking & Loading (Off-Street),” Section 9.38.020 “Limitation of parking and loading facilities”, Part C (Prohibited Parking Types) is amended and enacted as follows:
55Exhibit 1

Ordinance No. 938
Page No. 4
C. Prohibited Parking Types. The following types of parking spaces shall be prohibited as required parking:

1. Tandem.

2. Compact.

32. Valet (valet parking may be approved for assembly-type uses subject to review and approval of a conditional use permit).

SECTION 8. Bell Gardens Municipal Code Title 9, Planning and Zoning, Chapter

9.38, “Parking & Loading (Off-Street),” Section 9.38.050 Required parking and loading spaces, Part B. (Exceptions) is amended and enacted as follows:

B. Exceptions.

1. Minimum automobile parking requirements shall not be imposed on all development projects located within one-half mile of a Major Transit Stop. a. Except for Specially Designated Projects, any development project located within one-half mile of a Major Transit Stop may be required to comply with minimum parking requirements, if the community development director or his/her designee can make written findings, within 30 days of the receipt of a completed application, that not imposing or enforcing minimum parking requirements on the development would have substantially negative impact, as allowed by law. An appeal of any negative determination will be administered pursuant to the appeal procedures provided for in BGMC

9.60.020.
b. Transient Lodging. Subsection (1) of Part B. Exceptions shall not apply where any portion of a project is designated for use as a hotel, motel, bed and breakfast inn, or other transient lodging, except where a portion of a housing development is designated for use as a residential hotel, as defined in Section 50519 of the Health and Safety Code.
c. Electric Vehicle (EV) or American with Disabilities (ADA) Parking.

Subsection (1) of Part B. Exceptions shall not apply to minimum parking requirements for electric vehicle supply equipment installed parking spaces or parking spaces that are accessible to persons with disabilities.

2. The community development director may grant or conditionally grant an exception to the parking requirements by allowing a decrease in the number of required parking spaces by up to 10 percent subject to the following conditions (any request greater than 10 percent is subject to the variance process as specified in Chapter

9.50 BGMC and must be reviewed by the planning commission):
56Exhibit 1

Ordinance No. 938
Page No. 5
a. The intent and purpose of the parking regulations of the land use zone in which the use and/or building is to be located shall comply with all parking design standards, including vehicle site access and Americans with Disabilities Act requirements.
b. There are special circumstances unique to the use/property (i.e., carpooling, frequency and proximity for transit usage, shared parking, low percentage of usable space, etc.) to justify the exception. c. Granting of the exception will not have a negative impact on surrounding properties.
d. The application seeking the reduction in the required number of parking spaces promotes the public health, safety, welfare and aesthetics of the community and the granting of the exception meets the findings and intent of this chapter.

1. 2.

3. 4.

SECTION 9. Bell Gardens Municipal Code Title 9, Planning and Zoning, Chapter

9.38, “Parking & Loading (Off-Street),” Section 9.38.050 Required parking and loading spaces, Part C. (Parking and Loading Facilities Matrix) is amended and enacted as follows:

One-, two-, and three-
Four or less family
fewer dwellings units
Two parking spaces per dwelling unit., one of which shall be in a garage or carport. For each room in a dwelling unit which is rented, one additional parking space. This space may be in a garage or uncovered. Carports may be provided as additional, unrequired parking (refer to BGMC 9.38.090(G) for carport location restrictions).

Apartment houses or
four Five or more
dwelling units
Two parking spaces for each dwelling unit. One of which shall be covered. one in a garage and one additional uncovered parking. In addition, one space for each two dwelling units for visitors’ parking.

Visitors’ parking spaces shall be distributed throughout the project at convenient locations.
57Exhibit 1

Ordinance No. 938
Page No. 6
Condominium or
townhome
developments
Two parking spaces for each dwelling unit. One of which shall be covered. in a garage, and. In addition, one additional uncovered parking space for each two dwelling units for visitors’ parking.

Visitors’ parking spaces shall be distributed throughout the project at convenient locations.

SECTION 10. Bell Gardens Municipal Code Title 9, Planning and Zoning, Part D. (Bicycle Parking Spaces and Bicycle Facilities Matrix) is added to Section 9.38.050 “Required parking and loading spaces” as follows:

D. Bicycle Parking Spaces and Bicycle Facilities Matrix.

Use Bicycle Parking Spaces or Facilities Required

1. Residential Uses
Multifamily residential including
apartments, attached condominiums,
and townhouses (5 dwelling units or
more)
one space for every 2 dwelling units.

2. Commercial Uses
Business General, including restaurants one space for every 1,000 square feet.

Hotels, motels, clubs, fraternity and
sorority houses, and dormitories
one space for every 10 guestrooms.

Office one space for every 300 square feet.

Theaters, auditoriums, lodge rooms,
stadiums, or similar entertainment and
amusement uses
one space for every 25 intended visitors based
on occupant load.

3. Industrial Uses
Industrial uses one space for every 1,000 square feet.

4. Other Uses
Institutional uses, including hospitals,
convalescent hospitals, adult residential
care facilities, and group homes for
children
one space for every 2,500 square feet.

Schools, including trade schools,
colleges, universities, and private
elementary, middle, and high schools

1. one space for each 10 students the school is
designed to accommodate; and

2. two spaces for each classroom and lecture hall
Churches, temples, and other places of
worship
one space for every 10 intended visitors based
on occupant load of the largest assembly area
within the facility.
58Exhibit 1

Ordinance No. 938
Page No. 7
SECTION 11. Bell Gardens Municipal Code Title 9, Planning and Zoning, Part E. (EV Parking Facilities Matrix) is added to Section 9.38.050 “Required parking and loading spaces” as follows:

E. EV Parking Facilities Matrix.

TOTAL NUMBER OF ACTUAL

PARKING SPACES

NUMBER OF

REQUIRED EV

CAPABLE SPACES
0-9 2
10-25 5
26-50 11
51-75 19
76-100 26
101-150 38
151-200 53
201 and over 30 percent of total1

1. Calculation for spaces shall be rounded up to the nearest whole number.

SECTION 12. Bell Gardens Municipal Code Title 9, Planning and Zoning, Chapter

9.38, “Parking & Loading (Off-Street),” Section 9.38.070 “Motor vehicle maneuvering, and parking space layout”, Part A. (Parking Space Dimension) and Part B. (Maneuvering Areas Adjacent to Parking Spaces) is amended and enacted as follows:

A. Parking Space Dimensions. The minimum size of required parking spaces shall be:

1. Standard parking spaces, a width of nine (9) feet and a length of twenty (20) feet.

2. Compact parking spaces, a width of eight (8) feet and a length of fifteen (15) feet, and shall:
a. Only be permitted for residential uses through an affordable housing incentive (Refer to BGMC Chapter 9.59 Affordable Housing Density Bonus and Incentives).
b. Only consist of maximum 40 percent of the number of parking spaces required by this chapter.
c. Each be clearly striped and marked with the words “Compact only.” 59Exhibit 1

Ordinance No. 938
Page No. 8

3. For Parking garages and carports, parking spaces shall have an additional one- foot clearance from any wall or structure, resulting in a 20-foot by 20-foot clear interior dimension for two-car garages.

B. Maneuvering Areas Adjacent to Parking Spaces. Maneuvering areas adjacent to parking spaces shall be arranged in accordance with the diagrams contained in this section, except that back-up clearances for residential parking spaces shall be a minimum of 25 26 feet from any property line, structure, or obstacle to allow for maneuvering.

SECTION 13. Bell Gardens Municipal Code Title 9, Planning and Zoning, Section

9.38.090, Part I. (Bicycle Parking Spaces and Bicycle Facilities) is hereby added to Section 9.38.090 “Development of parking facilities” as follows:

I. Bicycle Parking Spaces and Facilities.

1. Development Standards for Bicycle Parking Spaces.
a. General Requirements. All bicycle parking spaces shall be:
i. Directly adjacent to a bicycle rack or within a secure, single bicycle locker and allow for convenient, unobstructed access to such bicycle rack or locker; and
ii. Located so as not to block pedestrian entrances, walkways, or circulation patterns in or around nearby facilities or structures. iii. New or existing automobile parking spaces required by the Code for all uses may be replaced by bicycle parking at a ratio of one standard or compact automobile parking space for every four required or non- required bicycle parking spaces provided.
iv. Automobile parking spaces for nonresidential projects or buildings located within one-half mile of a major transit stop, as defined in Subdivision (b) of Section 21155 of the California Public Resources Code, may replace up to 30% of the required automobile parking spaces with bicycle parking.
v. For buildings with less than 20 required automobile parking spaces, up to four automobile parking spaces replaced.
b. Bicycle Racks. When using bicycle racks, they shall be:
i. Installed to support an entire bicycle, including the frame and wheels, so that the frame and wheels can be locked without damage when using a customary, heavy-duty cable, or U-shaped bicycle lock; ii. Securely anchored to a permanent surface; and
60Exhibit 1

Ordinance No. 938
Page No. 9
iii. Installed to allow bicycles to remain upright when locked, without the use of a kickstand.
c. Bicycle Lockers. When using bicycle lockers, they shall be:
i. The minimum size of 30” x 72” x 48”; and
ii. Securely anchored to a permanent surface.
d. Location of Bicycle Parking Spaces.
i. Located in a well-illuminated, secure, and covered area; ii. Access to and from nearby public streets and sidewalks for the target users of the bicycle parking, who may or may not include the general public;
iii. Located at surface levels near main pedestrian entrances to nearby facilities or structures, or in the parking garages of such facilities or structures; and
iv. Bicycle racks or lockers may not be visible from the public right away and accessible only to residents and owners, operators, and managers of a residential facility when the involved use is residential. e. Signage. Signage identifying the location of such bicycle parking shall be included in the project design. Preferred signage locations for this purpose shall be building access ways, streets, and sidewalk approaches, and nearby bicycle paths or facilities.

SECTION 14. Bell Gardens Municipal Code Title 9, Planning and Zoning, Section

9.38.090, Part J. (EV Parking Spaces and Facilities) is hereby added to Section 9.38.090 “Development of parking facilities” as follows:

J. EV Parking Spaces and Facilities.

1. Development Standard for EV Parking Spaces.
a. Location. When ADA space is provided, the electric vehicle charging space shall be located adjacent to an accessible parking space meeting the requirements of the California Building Code, Chapter 11A, to allow use of the EV charger from the accessible parking space.
i. The charging space shall be located on an accessible route, as defined in the California Building Code, Chapter 2, to the building. b. Size. Any parking space served by electric vehicle supply equipment and any parking space intended as a future electric vehicle charging space shall 61Exhibit 1

Ordinance No. 938
Page No. 10
qualify as a required standard automobile parking space where such parking space meets or exceeds the minimum length and width requirements for a standard automobile parking space identified in section

9.38.070 of this chapter.
c. Signage. Signage shall be installed for electric vehicle charging spaces, restricting the electric vehicle charging spaces for electric vehicles only.

SECTION 15. Compliance with California Environmental Quality Act. The City Council finds that Ordinance No. 938 amending the Bell Gardens Zoning Code is exempt from the California Environmental Quality Act (CEQA) under the following provisions of the CEQA Guidelines: Section 15061(b)(3) because there is no possibility that it may have a significant effect upon the environment; and under Section 15378, this Ordinance is not a project under CEQA because it will not cause a direct physical change in the environment or a reasonably foreseeable indirect physical change in the environment because it does not authorize any specific activity.

SECTION 16. If any section, subsection, sentence, clause, phrase, or portion of this Ordinance is for any reason held to be invalid or unconstitutional by the decision of any court of competent jurisdiction, such decision shall not affect the validity of the remaining portions of this Ordinance. The City Council hereby declares that it would have adopted this Ordinance, and each section, subsection, subdivision, sentence, clause, phrase, or portion thereof, irrespective of the fact that any one or more sections, subsections, subdivisions, sentences, clauses, phrases, or portions might subsequently be declared invalid or unconstitutional.

SECTION 17. The City Clerk shall certify the passage and adoption of this Ordinance and shall cause this Ordinance to be published or posted as required by law, which shall take full force and effect thirty (30) days from its adoption.

[Signatures on the following page]

62Exhibit 1

Ordinance No. 938
Page No. 11
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

63Exhibit 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 8.

T O:Honorable Mayor and C ity C ouncil Members
F RO M : Michael B. O'Kelly, City Manager
B Y:Gustavo R omo, Community D evelopment Director
S UB J E C T:C O NS I D E RAT IO N O F A RE S O L UT I O N AUT HO RI ZI NG AC C E P TANC E O F T HE UNIT E D

S TAT E S F E D E RAL C O M M UNI C AT IO NS C O M M IS S IO N AF F O RD AB L E C O NNE C T IV IT Y

P RO G RAM G RANT F UND ING
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 Council by motion adopt a Resolution authorizing acceptance of the United States F ederal Communications C ommission Broadband Affordable Connectivity P rogram grant f unding.

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

T he United States F ederal C ommunications Commission (“F C C”) has been actively involved in various initiatives to promote affordable broadband connectivity, and digital equity and literacy. Some key initiatives included emergency and long-standing funding sources and subsidies to ensure underserved and the unserved to receive deployed resources to expand access to essential communication services. T he S tate’s B roadband F or A ll plan has supported endeavors to close the digital divide where there are issues of affordability, lack of choice, and lack of infrastructure.

Key aspects of the digital divide include a lack of access to hardware and infrastructure, af f ordability costs, digital literacy and skills, relevant content, cultural and language barriers, and geographical disparities. A ccess and service delivery impact many on the deficit side of the digital divide and in recent months, the C O V I D-19 pandemic amplified the value of our collective connectivity when populations across all economic levels were looking to stay linked to friends, family, and loved ones, work f rom home, be educated, attend telehealth appointments, and participate in civic activities. Vulnerable populations in B ell Gardens experienced hardships that served to increase economic opportunity gaps and quality of life issues f rom those with access to reliable broadband services. Taking steps to close the digital divide is important and would provide long-term community benef its that include the ability to f ully engage in the digital economy, access existing and emerging services, and expand economic opportunities to help bridge the economic divide.

On A ugust 14, 2020, the Governor of C alif ornia, Gavin Newsome signed E xecutive O rder N-73-20 that seeks to accelerate work towards closing gaps in access to reliable broadband networks throughout C alif ornia. T he order supports increased speeds, jurisdiction collaboration, and deployment of green technology. T he order also requested a new S tate B roadband A ction P lan by December 31, 2020, with annual reviews to accomplish, among other things, tools for low-income individuals to subscribe to af f ordable broadband plans and promotion of home I nternet service of f ers.

I n A ugust of 2022, the F C C adopted an order establishing the Affordable Connectivity P rogram (“A C P”) Outreach 64 Grant Program to facilitate the promotion, awareness, and participation in the A C P among eligible households. T he A C P is an F C C benefit program that helps ensure that households can afford the broadband they need for work, school, healthcare and more to help households struggling to pay f or I nternet service. A s part of that effort, the F C C is mobilizing people and organizations to help raise awareness about the A C P.

I n November of 2022, the F C C released a Notice of F unding O pportunity (“NO F O”) f or the A C P Outreach Grant Program. The A C P continues to play an integral role in helping bridge the broadband affordability gap. On March 23, 2023, the City was awarded a grant to implement innovative strategies to reach historically underserved and unserved residents.

I n B ell Gardens, many homes are eligible f or af f ordable connectivity that mobile/data plans are currently using.

C onsistent with F C C and state goals, and the Bell Gardens General P lan, the City is committed to helping f amilies and children be healthy, productive, and self -suf f icient. Broadband affordable connectivity can save time, energy, and money for residents while helping them bridge the economic and digital divides. T he City is also committed to helping students obtain the highest-quality education possible and understands the ability to learn and prepare f or higher education is significantly enhanced if schools incorporate digital literacy and high-speed I nternet connectivity into curricula. T he availability of computing devices both at school and in homes are critical to learning for academic achievement.

A scope of work has been prepared to develop tasks that consultants, community-based organizations and advocates and internet service providers can strategize together for an effective and comprehensive A C P public education campaign.

C O NC L US I O N:

T he I nternet is no longer a luxury, but a necessity for everyone, everywhere. F or years, the F C C has worked to close the digital divide by improving infrastructure to get more households online. To reach enrollment milestones, the F C C heavily engaged local, state, and f ederal organizations to serve as A C P outreach and awareness-raising partners. T he F C C has committed over $72 million in grants at the state and local level, with 228 A C P Outreach Grants issued to trusted state, local, and Tribal governments, and community partners. T he F C C issued a notice of award to the City of B ell Gardens to promote program enrollment, public awareness, and outreach efforts.

Acceptance of the f unding would allow the City to recover costs associated with the development and deployment of a public education and awareness campaign to target unserved and underserved areas, reach eligible households, partner with community-based organizations, and convert mobile access to high-speed home I nternet connections.

F I S C AL I M PAC T:

T he C ity of Bell Gardens was awarded an amount of $300,000 to implement the program to increase awareness, dispel myths, and promote participation in the F C C’s program through media and in-person events with the help of consultants and experts in the field. C osts to staff time could also be covered by this amount.

AT TAC HM E NT S :

D escription
Exhibit 1 - Resolution No. 2023-74
Exhibit 2- Executive Order N-73-20
65 AP P RO V E D E L E C T RO NI C AL LY B Y:

A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF BELL

GARDENS, CALIFORNIA, AUTHORIZING ACCEPTANCE OF THE

FEDERAL COMMUNICATIONS COMMISSION AFFORDABLE

CONNECTIVITY PROGRAM GRANT FUNDING

WHEREAS, the Federal Communications Commission (“FCC”) and the State of California have endeavored to close the digital divide where there are issues of affordability, lack of choice, and lack of infrastructure; and

WHEREAS, the key aspects of the digital divide include a lack of access, affordability costs, digital literacy and skills, relevant content, cultural and language barriers, and geographical disparities; and

WHEREAS, the COVID-19 pandemic amplified the value of our collective connectivity to stay linked to friends, family, and loved ones, work from home, be educated, attend telehealth appointments, and participate in civic activities; and

WHEREAS, the City Council recognizes that closing the digital divide is important and provides long-term community benefits that include the ability to fully engage in the digital economy, access existing and emerging services, expands economic opportunities and bridges the economic divide; and

WHEREAS, on March 23, 2023, the City of Bell Gardens (“City”) was awarded a grant to implement innovative strategies to reach historically underserved and unserved residents; and

WHEREAS, the City is committed to helping families and children be healthy, productive, and self-sufficient; and

WHEREAS, broadband affordable connectivity can save time, energy, and money for residents while helping them bridge the economic and digital divides; and

WHEREAS, The City Council has determined that it will use FCC grant funds for the development and deployment of a public education and awareness campaign to target unserved and underserved areas, reach eligible households, partner with community- based organizations, and convert mobile access to high-speed home Internet connections as described in its application for grant funds.

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

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

Formatted: Top: 72 pt
67Exhibit 1

Resolution No. 2023-74XX
2 of 3
SECTION 2. The City Council hereby authorizes acceptance of the Federal Communications Commission Affordable Connectivity Program Grant Funding.

SECTION 3. The City Council hereby authorizes the City Manager to execute any FCC grant agreement, including any extensions or amendments thereof and any subsequent FCC grant agreement in relation thereto.

SECTION 4. The City of Bell Gardens agrees to abide by the terms and conditions of the Grant Agreement as set forth by the FCC.

SECTION 5. In accordance with the California Environmental Quality Act (“CEQA”) and CEQA Guidelines Sections 15061(b)(3) and 15322, it can be seen with certainty that the adoption of this Resolution and public education that involves no physical alteration would not result in a significant environmental impact and are therefore exempt from CEQA.

SECTION 6. The provisions of this Resolution are severable. If any provision, clause, sentence, word, or part thereof is found to be illegal, invalid, unconstitutional, or inapplicable to any person or circumstances, such illegality, invalidity, unconstitutionality, or inapplicability shall not affect or impact any of the remaining provisions, clauses, sentences, sections, words, or parts thereof the Resolution or their applicability to other persons or circumstances.

SECTION 7. The City Clerk shall attest and certify to the passage and adoption of this Resolution and enter it into the book of original resolutions, and it shall become effective immediately upon its approval.

[Signatures on the following page]

68Exhibit 1

Resolution No. 2023-74XX
3 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, MMC
City Attorney City Clerk
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 Formatted: Left
69Exhibit 1

EXECUTIVE DEPARTMENT

STATE OF CALIFORN IA
EXECUTIVE ORDER N-73-20
WHEREAS deploying affordable and reliable broadband networks throughout California will accelerate continuous im p roveme nts in eco nom ic and workforce development, infra struc ture, public sa f ety, education, economy, and an engaged c itize nry; a nd
WHEREAS broadband access, adoption, and training a re essential compo nents of digital eq uity for Ca liforni a's diverse populations; and WHEREAS over 2,000,000 Californians do not have access to high-speed broadband service at benchmark speeds of 100 megabits per second download, including 50 percent of rural hou sing units; and WHEREAS as of December 2018, 23 percent of Ca lifornia housing units , housing 8.4 million residents, do not ha ve broadband subscripti ons; and WHEREAS despite the inc reasing im portance of broadband for employment, health, public safe t y informa ti on and community connec ti ons, 34 percent of adults 60 and over do not c urren tly use the Internet; and WHEREAS th e COVID-19 pandemic has amp lified th e ext en t to w hich broadband is essential for public safety, public hea lth , and economic resilience ; and
WHEREAS th e COVID -19 pandemic has ca u sed schoo ls t o sh ift to distan ce learn ing; and
WHEREAS t e le hea lth greatly expands th e ability of Californians to access medical, behavioral and oral h ea lth services, and has been prioritized across health systems during the COVID-19 pandemic , yet not a ll Ca lifornians have access t o suffici en t broadband to allow li ve video connections; and WHEREAS effective emergency services require using broadband infrastruc ture t o integrate data in real time from a ll available so urces so decision makers at the loca l, regional, and stat ewid e leve l have access to the in forma tion necessary for the protection o f li ves and property; and WHEREAS local and triba l governments p la y a critica l role in understanding the broadband needs of their com munities and in infra st ructure planning and permitting.

NOW, THEREFORE, I, GAVIN NEWSOM, Gove rnor of the State of Ca li forn ia , in accordance with the power and authority ves t ed in me by the Constitut ion and statutes of the Stat e of California, do hereby issue this Order to become e ffec tive immed iate ly.
70Exhibit 2

IT IS HEREBY ORDERED THAT:

1. California state agencies subject to my authority are directed to pursue a minimum broadband speed goal of 100 megabits per second download speed to guide infrastructure investments and program implementation to benefit all Californians.

2. The California Broadband Council is requested to create a new State Broadband Action Plan by December 31, 2020, and to review the plan annually thereafter. The California Department of Technolog y's Office of Broadband and Digital Literacy is directed to support and monitor implementation of the Plan and this Execu ti ve Order. The Plan shall incorporate the 100 megabits per second goal, and include the fol lowing elements:
a. A roadmap to accelerate th e deployment and adoption of broadband by state agencies and to support such deployment and adoption by local governments.
b. Publicly accessible information on all federal and state fund in g opportunities and eligibility requirements.
c. Provisions to maximize the inclusion of tribal lands in all broadband access and adoption opportunities developed in consultation with tribal governments.

MAPPING AND DATA

3. The California Public Utilities Commission (CPUC) is requested t o lead data aggregation and mapping efforts in collaboration wi th the California State Transportation Agency (CalSTA) and other relevant state agencies, local and tribal governments, and regional consortia. These effort s shou ld address:
a. Locations without broadband access;
b. Information on public and private broadband network
infrastructure;
c . State-owned infrastructure and rights of way;
d . The cos ts of deploying various middle and last-mi le network compone nts; and
e . Information to support th e development of loca l b roadband infra structure deployment and digital equity p lans .

4. The California Departm ent of Techno logy (CDT), in co llabora ti on w ith the Governor's Office of Busin ess and Economic Development (GO-Biz) and the Department of General Services (DGS), is directed to regularly conve _ne private-sector companies in an effort to understand and predict curren t and future demand for broadband, for the purpose of enabling the State to more effec tive ly allocate resources and manage policies and 71Exhibit 2

programs supporting broadband goals and conti nuing the State's leadership in broadband innovation .

FUNDING

5. GO-Biz is directed to identify funding opportunities for broadband deployment and adoption by:
a. Collaborating with all cabinet-level agencies, independent departments, and independent constitutional officers to create a list of funding sources t o support broadband, equipment, and digital literacy; and
b . Coordinating efforts of state agencies to maximize f ederal broadband funding for California.

6. CDT, in col laboration with DGS, is directed to seek opportunities to leverage the Sta t e's con tract authorities as resources to further statewide broadband access and adoption .

DEPLOYMENT

7. CalSTA and California Department of Transportation (Caltrans) are directed to work w ith the California Tran sportation Commission (CTC) to identify and incorporate the installation of conduit and/or fiber into all appropriate and feasible transportation projects along strategic corridors.

8. CPUC, in collaboration with CDT and other relevant agencies, is requested to seek opportunities to use programs under its jurisdiction t o accelerate broadband deployment and to leverage utility infrastructure to increase access to existing fiber and cost-effectively deploy new fiber. 9 . DGS is directed to provide an inventory of state property for possible use for broadband infrastructure based on such c riteria as may be provided by the CPUC, Caltrans, and other relevant agencies, to accelerate broadband deployment.

10.The Governor's Office of Emergency Services (CalOES) is directed t o coordinate with jurisdictions implementing Next-Generation 9-1-1 to expand broadband infrastructure to enhance public safety and disaster preparedness, response, recovery, and mitigation capabilities .

11.The Ca li fornia Department of Food and Agricu lture (CDFA) is directed to identify and facilitate new broadband projects that support precision agriculture and food systems in rural com muniti es . CDFA is also directed to work with Ca lOES to inven tory the status o f existing broadband connectivity at all fairgrounds.

12.The California Department of Housing and Community Developmen t and the California Housing Finance Agency are directed to provide recommenda ti ons to the CPUC to in c reas e fre e o r low-cost broadband · connectivit y at all publicly subsidized housing co mmunities for residential units.
72Exhibit 2

ADOPTION

13.GO-Biz is directed to coord ina t e the outreach efforts of ex istin g statewide programs and institutio n s to inform residents of affordab le Interne t service offerings, including:
a. The CPUC is reques t ed t o develop tools for low-i ncome individuals and socia l service organizations to easily identify and subscribe to affordable broadband plans;
b . The California Em e rging Techno logies Fund is directed to continue promoting affordable hom e Internet service offers t o recip ients of the Na tional Schoo l Lun ch Program; and
c. The California State Library, in consu ltat ion w ith loca l libraries , is directed to promote a ff ordab le home Internet services within their co mmunities.

14.Th e California Department of Edu cation is requested to continue leading . sta t ewid e e ff orts to e nsure that stu dents have the computi ng devices and connec ti v ity necessary for distance learning and on lin e instruction.

15.The California Department of Aging, in partnership w ith CDT and CPUC, is directed t o analyze the needs of peop le ages 60 and older for access to affordable, reliabl~, high-speed broadband, and to identify program and partnership opportu n iti es t o close th e digital divide among o lder Ca lifornians.

IT IS FURTHER ORDERED that, as soon as hereafter possible, this Order be filed in the Office of the Secretary of State and that widespread pub li c ity and notice be g iv en t o this Order.

This Order is not intended t o, and does no t, create any rights or benefits, substanti ve o r procedural, en forceab le a t law or in equ it y, against the State of Ca lifornia , its agencies, departments, ent ities, o ffi cers, emp loyees, or any other person.

IN WIT ESS WHEREOF I ave hereunto set
the Great Seal of the
e affixed th is 14th
y h and caus
t at
d
ATTEST:

ALEX PADILLA
Secretary of St ate
73Exhibit 2

CIT Y OF BE LL GARDENS

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

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

G RE AT E R L O S ANG E L E S E M E RG E NC Y F O O D AND S HE LT E R P RO G RAM (E F S P ) G RANT
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 by motion adopt the attached resolution accepting funding f or the United Way E mergency F ood and S helter P rogram (E F S P ) grant.

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

F E MA created the Emergency F ood and Shelter P rogram to supplement and expand the work of local service agencies to help people with economic emergencies. United Way of Greater L os A ngeles implements the Emergency F ood and S helter Program locally. T he R ecreation and Community S ervices D epartment staf f received notice that the L os Angeles County E mergency F ood and S helter P rogram L ocal Board selected the City as a recipient of $171,500.00 in L os A ngeles County E mergency F ood and Shelter Program (E F S P) P hase 39 f unds.

T hese f unds are used f or serving meals and providing food to residents in need, rental and mortgage assistance as well as outreach and administrative needs for grant oversight. S taf f completed the L ocal R ecipient Organization C ertif ication F orm which indicated that the City of Bell Gardens had the means to implement programs f or the E F S P grant f unds.

T he grant term was recently extended to D ecember 2023 allowing the City additional time and resources to expend these funds.

C O NC L US I O N:

T he adoption of this resolution formalizes the receipt of the grant f unds and allows the City Manager to execute any and all invoices on behalf of the City.

F I S C AL I M PAC T:

T his grant is a one-time allotment to the City f or the amount of $171,500.

AT TAC HM E NT S :

D escription
Exhibit 1- R esolution No. 2023-75
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
74 S tephanie Vasquez, City Attorney and/or Susie A ltamirano, Assistant City Attorney Manuel Carrillo, Director of F inance and Administrative Services 75 Resolution No. 2023-75
1 of 3

RESOLUTION NO. 2023-75

A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF BELL

GARDENS, CALIFORNIA ACCEPTING FUNDING FROM THE UNITED

WAY OF GREATER LOS ANGELES EMERGENCY FOOD AND
SHELTER PROGRAM (EFSP) PHASE 39 GRANT

WHEREAS, the United Way of Greater Los Angeles Emergency Food and Shelter Program Local Board selected the City of Bell Gardens (“City”) as a recipient of a grant in the amount of One Hundred Seventy-One Thousand Five Hundred Dollars ($175,000) from the Los Angeles County Emergency Food and Shelter Program Phase 39 funds; and

WHEREAS, the City must formally accept this Grant to expend the funds; and

WHEREAS, the City of Bell Gardens wishes to accept Grant funding from the United Way of Greater Los Angeles Emergency Food and Shelter Program.

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

SECTION 1. The City Council, after consideration of the staff report and presentation, discussion, oral testimony and evidence presented to the City Council, hereby finds that the above recitals are true and correct and incorporate them herein.

SECTION 2. The City Council accepts grant funding from the United Way of Greater Los Angeles Emergency Food and Shelter Program Grant.

SECTION 3. The City Council further authorizes and directs the City Manager and staff to take all actions necessary and appropriate to implement and effectuate the intent of the City Council as set forth in this Resolution.

SECTION 4. Subject to all applicable laws, the City Council hereby authorizes the City Manager to execute any ancillary documents relating to the United Way of Greater Los Angeles Emergency Food and Shelter Program Grant, including any amendments, extensions, and other documents consistent with the United Way of Greater Los Angeles Emergency Food and Shelter Program Grant and this Resolution.

SECTION 5. The City Clerk shall certify to the passage and adoption of this Resolution and enter it into the book of original Resolutions. The City Clerk shall attest and certify to the passage and adoption of this Resolution, and it shall become effective immediately upon its approval.

[Signatures on the following page]
76Exhibit 1

Resolution No. 2023-75
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

77Exhibit 1

Resolution No. 2023-75
3 of 3

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

AYES:

NOES:

ABSTAIN:

ABSENT:
__________________________
Daisy Gomez
City Clerk
78Exhibit 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 10.

T O:Honorable Mayor and C ity C ouncil Members
F RO M : Michael B. O'Kelly, City Manager
B Y:Elizabeth Nava, D irector of Recreation and Community Services S UB J E C T:AD O P T I O N O F RE S O L UT I O N AC C E P T I NG G RANT F UND I NG F RO M C AL IF O RNI A P HY S IC I ANS ’ S E RV I C E D/B/A B L UE S HIE L D O F C AL I F O RNIA P RO M IS E HE ALT H P L AN
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 by motion:

1. Adopt the attached resolution approving an agreement, subject to C ity Attorney approval as to f orm, with B lue Shield of California.

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

I n accordance with the C alif ornia S tate D epartment of Health Care S ervices and in response to Executive Order N- 55-20, all Medi-C al renewals and redeterminations were paused during the C O V I D -19 Public Health Emergency.

T he public health emergency has ended, and counties have begun renewal activities which include completing the renewal and redeterminations f orms. I t is estimated that 2-3 million Medi-Cal enrollees can lose medical coverage if they do not complete these forms. I n response to this, B lue S hield Promise Health P lan has created grants f or agencies to assist the community with successfully completing the Medi-Cal renewal and redetermination f orms.

I n A ugust of this year, the C ommunity F amily S ervices Center (C F S C) staf f received notification that the City of B ell Gardens was awarded the B lue S hield of California Promise Health Plan grant in the amount of $15,000. T he purpose of this grant is to ensure that Medi-C al recipients maintain their coverage without any interruptions.

T he C F S C staff will utilize these funds to conduct outreach activities and educate the community on the Medi-Cal renewal process as well as assist them with completing the forms either in person or over the phone.

C O NC L US I O N:

By adopting the resolution approving an agreement with B lue S hield of C alif ornia P romise Health P lan, B ell Gardens residents will be able to renew their Medi-Cal benefits and prevent the possibility of losing their medical benef its.

F I S C AL I M PAC T:

T his is a grant that will be disbursed in a lump sum which we will receive 45 days after an agreement, subject to City Attorney approval as to f orm, is executed. A ctivities will be paid for out of this grant and will not impact the City’s general fund expenditures.

AT TAC HM E NT S :
79 D escription
Exhibit 1 - Resolution No. 2023-76
AP P RO V E D E L E C T RO NI C AL LY B Y:

A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF BELL

GARDENS, CALIFORNIA APPROVING A COMMUNITY INVESTMENT

AGREEMENT BY BETWEEN THE CITY OF BELL GARDENS AND
CALIFORNIA PHYSICIANS’ SERVICE D/B/A BLUE SHIELD OF

CALIFORNIA PROMISE HEALTH PLAN, A CALIFORNIA NONPROFIT

MUTUAL BENEFIT CORPORATION

WHEREAS, California Physicians’ Service d/b/a Blue Shield of California Promise Health Plan, a California Nonprofit Mutual Benefit Corporation (“Blue Shield”) desire to fund the planning, designing and implementation of the Medi-Cal Redetermination Project for City of Bell Gardens (“City”) residents to support activities to help prevent the loss of Medi-Cal for Blue Shield members; and

WHEREAS, a Community Investment Agreement must be executed before the City can receive grant funding for this purpose; and

WHEREAS, the City of Bell Gardens wishes to enter in to a Community Investment Agreement, subject to City Attorney approval as to form, with Blue Shield.

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

SECTION 2. The City Council approves the Community Investment Agreement with Blue Shield and authorizes and directs the City Manager to execute the Community Investment Agreement, subject to City Attorney approval as to form.

SECTION 4. Subject to all applicable laws, the City Council hereby authorizes the City Manager to execute any ancillary documents relating to the Community Investment Agreement, including any amendments, extensions, and other documents consistent with this Resolution.

SECTION 5. The City Clerk shall attest and certify to the passage and adoption of this Resolution and enter it into the book of original resolutions, and it shall become effective immediately upon its approval.

[Signatures on the following page]
81Exhibit 1

Resolution No. 2023-76
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

82Exhibit 1

Resolution No. 2023-76
2 of 3

AYES:

NOES:

ABSTAIN:

ABSENT:
__________________________
Daisy Gomez
City Clerk

83Exhibit 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 11.

T O:Honorable Mayor and C ity C ouncil Members
F RO M : Michael B. O'Kelly, City Manager
B Y:Elizabeth Nava, D irector of Recreation and Community Services S UB J E C T:AD O P T I O N O F RE S O L UT I O N AC C E P T I NG F UND ING F RO M T HE L A84 F O UND AT IO N 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 by motion:

1. Adopt the attached resolution approving an agreement with the L A 84 F oundation.

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

I n May of this year, the Recreation and Community S ervices Department staf f received notice that the City would be receiving $10,000 in grant funds f rom the L A 84 F oundation to go towards scholarships for a learn to swim program.

T hese f unds allow the City the opportunity to provide 333 residents with f ree swim lessons. Staf f are hopeful that an increased amount of funds will be available in the coming years which will allow the C ity to expand it’s L earn To S wim Program and offer even more residents with f ree swimming lessons.

C O NC L US I O N:

T he adoption of this resolution approving of an agreement, formalizes the contract with the L A84 F oundation and allows the C ity Manager to execute any and all invoices on behalf of the City.

F I S C AL I M PAC T:

T his is a one-time lump sum grant paid to the C ity.

AT TAC HM E NT S :

D escription
Exhibit 1 - Resolution No. 2023-77
AP P RO V E D E L E C T RO NI C AL LY B Y:

A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF BELL

GARDENS, CALIFORNIA, APPROVING A GRANT AGREEMENT BY
BETWEEN THE CITY OF BELL GARDENS AND LA84 FOUNDATION

WHEREAS, LA84 Foundation is desirous of providing assistance to the City of Bell Gardens (“City”) residents for the purpose of providing support scholarships for a learn to swim program; and

WHEREAS, a Grant Agreement must be executed before the City can receive funding for this purpose; and

WHEREAS, the City of Bell Gardens wishes to enter in to a Grant Agreement with LA84 Foundation.

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

SECTION 2. The City Council approves the Grant Agreement with LA84 Foundation and authorizes and directs the City Manager to execute the Grant Agreement.

SECTION 4. Subject to all applicable laws, the City Council hereby authorizes the City Manager to execute any ancillary documents relating to the Grant Agreement, including any amendments, extensions, and other documents consistent with the Grant Agreement and this Resolution.

[Signatures on the following page]

85Exhibit 1

Resolution No. 2023-77
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

86Exhibit 1

Resolution No. 2023-77
3 of 3

AYES:

NOES:

ABSTAIN:

ABSENT:
__________________________
Daisy Gomez
City Clerk

87Exhibit 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 12.

T O:Honorable Mayor and C ity C ouncil Members
F RO M : Michael O'Kelly, City Manager
B Y:Elizabeth Nava, D irector of Recreation and Community Services S UB J E C T:AP P RO VAL O F C O NT RAC T S E RV I C E S AG RE E M E NT WI T H B RI G HT V I E W G O L F M AINT E NANC E , I NC. F O R B E L L G ARD E NS G O L F C O URS E L AND S C AP E AND

M AINT E NANC E S E RV I C E S
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 by motion:

1. Adopt the attached resolution; and

2. Approve a C ontract S ervices Agreement with Brightview Golf Maintenance, I nc. f or the City of B ell Gardens Golf C ourse landscape and maintenance services for a three-year term with the option of two one-year extensions.

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

T he R ecreation and Community S ervices (R C S ) Department oversees the operations and maintenance of the B ell Gardens Golf C ourse. T he maintenance of a municipal golf course requires specif ic skills and expertise with maintaining golf course turf, general course maintenance, irrigation, pest control and tree care. A s such, the City issued a request f or proposal (R F P ) soliciting proposals f rom qualif ied f irms for golf course landscape and maintenance services and two proposals were received.

Staf f evaluated the proposals and recommends entering into a C ontract S ervices Agreement with B rightview Golf Maintenance, I nc. Brightview Golf Maintenance has demonstrated their ability to successfully maintain golf course landscape at a reasonable cost.

T he RFP stipulated the City’s desire to enter into a three year agreement with the option of two additional one-year terms.

T his will allow the City to negotiate and lock in fees for the required services for up to five years.

C O NC L US I O N:

Staf f recommends City Council enter into a three year C ontract S ervices Agreement with the option of two additional one-year terms with B rightview G olf Maintenance, I nc. f or landscape and maintenance services f or the Bell Gardens Golf C ourse.

F I S C AL I M PAC T:

T he A greement will be in the amount of $159,000 for year one. For each year thereaf ter, the amount will be the previous year’s fee, plus an increase based on the Consumer P rice I ndex - L os A ngeles A rea. T hese fees will be paid f rom the Golf C ourse F und, 520-4666-2814.

AT TAC HM E NT S :
88 D escription
Exhibit 1 - Resolution No. 2023-78
Exhibit 2- C ontract S ervices Agreement
AP P RO V E D E L E C T RO NI C AL LY B Y:

A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF BELL

GARDENS, CALIFORNIA, APPROVING AND AUTHORIZING A

CONTRACT SERVICES AGREEMENT BY AND BETWEEN THE CITY
OF BELL GARDENS AND BRIGHTVIEW GOLF MAINTENANCE, INC.

WHEREAS, the City of Bell Gardens (“City”) requires golf course landscape maintenance services at the Bell Gardens Golf Course; and

WHEREAS, in accordance with Bell Gardens Municipal Code (“BGMC”) Section

3.04.105, on September 5, 2023, the City released a Request for Proposals for Bell Gardens Golf Course Landscape Maintenance (“RFP”); and

WHEREAS, after reviewing the proposals, City staff determined that BrightView Golf Maintenance, Inc. is qualified to perform the services requested based on its expertise and competitive rates; and

WHEREAS, the City desires to enter into an agreement with BrightView Golf Maintenance, Inc. for golf course landscape maintenance services at the Bell Gardens Golf Course for a three-year term with an optional two one-year extensions.

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

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

SECTION 2. The City Council hereby approves a Contract Services Agreement with BrightView Golf Maintenance, Inc. for golf course landscape maintenance services at the Bell Gardens Golf Course, in a form approved by the City Attorney.

SECTION 3. The City Council hereby authorizes the City Manager to execute the agreement along with all documents reasonably necessary to effectuate the intent of this Resolution.

SECTION 4. The City Clerk shall attest and certify to the passage and adoption of this Resolution and enter it into the book of original resolutions, and it shall become effective immediately upon its approval.

[Signatures on the following page]
Formatted: Right: 36 pt
Formatted: Left, Indent: Left: 40.5 pt
90Exhibit 1

Resolution No. 2023-78
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

91Exhibit 1

Resolution No. 2023-78
3 of 3

AYES:

NOES:

ABSTAIN:

ABSENT:
__________________________
Daisy Gomez
City Clerk

92Exhibit 1

1 2023

CONTRACT SERVICES AGREEMENT
(Contractor: BrightView Golf Maintenance, Inc.)
(Nature of Engagement: Bell Gardens Golf Course Landscape Maintenance

THIS CONTRACT SERVICES AGREEMENT (hereinafter, “Agreement”) is made and entered into this ___________ day of _________________ 202 3 (hereinafter, the “Effective Date”) by and between the CITY OF BELL GARDENS, a municipal corporation (hereinafter, “CITY”) and BRIGHTVIEW GOLF MAINTENANCE, INC. (hereinafter, “CONTRACTOR”). For the purposes of this Agreement, CITY and CONTRACTOR may be referred to collectively by the capitalized term “Parties.” The capitalized term “Party” may refer to CITY or CONTRACTOR interchangeably.

RECITALS

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

WHEREAS, CITY requires golf course landscape maintenance services at the Bell Gardens Golf Course; and

WHEREAS, CITY staff has determined that CONTRACTOR possess the skills, experience and expertise required to competently provide the services and tasks contemplated under this Agreement; and

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 CONTRACTOR agree as follows:

Section 1. Scope of Work.

A. Subject to the terms and conditions of this Agreement, CONTRACTOR agrees to provide CITY with golf course landscape maintenance services. The various tasks and related services to be performed by CONTRACTOR are more specifically described in the CITY’s “Request for Proposals for Bell Gardens Golf Course Landscape Maintenance” (hereinafter the “CITY RFP”) dated September 5, 2023, and the written proposal of CONTRACTOR entitled “Golf Course Maintenance Proposal Presented to the City of Bell Gardens” (hereinafter, the “CONTRACTOR PROPOSAL”) dated September 15, 2023. The CITY RFP and the CONTRACTOR PROPOSAL are attached and incorporated hereto as Exhibits “A” and “B” respectively. The term “Scope of Work” shall be a collective reference to the CITY RFP and the CONTRACTOR 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 pro visions of the document entitled CITY RFP and the provisions of the document entitled CONTRACTOR PROPOSAL, the requirements of the document entitled CITY RFP shall govern and control but only to the extent of the conflict or inconsistency 93Exhibit 2

2 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. CONTRACTOR shall provide all labor, materials, tools, supplies, equipment, services, tasks and incidental and customary work necessary to competently perform and timely complete the Work. CONTRACTOR shall perform the Work in accordance with the terms and conditions of this Agreement and in accordance with such other written or verbal directives as may be issued by CITY.

C. By executing this Agreement, CONTRACTOR warrants that CONTRACTOR: (i) has thoroughly investigated and considered the nature of the work, services and tasks to be performed under this Agreement; (ii) has carefully considered how the Work should be performed; and (iii) fully understands the facilities, difficulties, and restrictions attending performance of the services under this Agreement.

CONTRACTOR warrants that CONTRACTOR has or will investigate any location where the Work is to be performed and is or will be fully acquainted with the conditions there existing, prior to undertaking any service or task requested by CITY in the manner described under Section 3, below. Should the CONTRACTOR discover any latent or unknown conditions which will materially affect the performance of the services hereunder, CONTRACTOR shall immediately inform the CITY of such fact and shall not proceed, except at CONTRACTOR’s risk until written instructions are received from the City Representative as defined herein.

D. In the event CONTRACTOR ceases to perform the Work agreed to under this Agreement or otherwise abandons any undertaking contemplated herein prior to completion and acceptance of the Work, CONTRACTOR shall deliver to CITY immediately and without delay, all materials, records and other work product prepared or obtained by CONTRACTOR in the performance of this Agreement.

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

Section 2. Term.

A. This Agreement shall have a term of three (3) years 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.

B. Nothing in this Section shall operate to prohibit or otherwise restrict the CITY ’s ability to terminate this Agreement at any time for convenience or for cause.

C. CONTRACTOR shall perform the Work continuously and with due diligence.

CONTRACTOR shall cooperate with CITY and in no manner interfere with the Work of CITY, its employees or other consultants, contractors or agents.

94Exhibit 2

3 D. CONTRACTOR shall not claim or be entitled to receive any compensation or damage because of the failure of CONTRACTOR, or its subcontractors, to have related services or tasks completed in a timely manner.

E. CONTRACTOR shall at all times enforce strict discipline and good order among CONTRACTOR’s employees.

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

G. CONTRACTOR shall complete the services within the term of this Agreement, and shall meet any other established schedules and deadlines.

Section 3. Prosecution of Work.

A. CONTRACTOR shall perform the Work contemplated under this Agreement on an as-needed, as requested basis. Nothing in this Agreement shall be construed to grant CONTRACTOR the exclusive right to perform any of the types of services or tasks contemplated under this Agreement nor shall anything in this Agreement be construed to entitle CONTRACTOR to the receipt of any sums under this Agreement, except to the extent CITY requests the performance of any Work in the manner described below and such Work is in fact performed and completed by CONTRACTOR and accepted by CITY. CITY requests for the performance of specific services or tasks contemplated under this Agreement shall be made in the form of a written work order(s) issued by the City Representative (each such written request hereinafter referred to as a “Work Order”). Each Work Order shall include the following information:

1. A detailed description of the specific services or tasks requested;

2. The location of where the particular services or tasks are to be performed, if applicable;

3. A not-to-exceed budget for performing the services or tasks;

4. A timeline for completing the requested services or tasks;

5. Any other information CITY deems necessary and relevant to the requested services or tasks; and

6. The signature of the City Representative, confirming that the services or tasks have been authorized by the City Representative.

B. CONTRACTOR shall perform no Work under this Agreement without a written request from the City Representative, containing the information set forth in Section 3(A), above.

C. Time is of the essence in the performance of Work under this Agreement, and in the absence of a specific schedule or other instructions from the City Representative, CONTRACTOR shall begin and complete performance of the Work to completion in a timely and a diligently manner as possible.

Section 4. Compensation.

A. CONTRACTOR shall perform all the Work in accordance with the rates set forth in 95Exhibit 2

4 the CONTRACTOR PROPOSAL.

B. CONTRACTOR’s compensation during the Term of this Agreement shall not exceed the sum of ONE HUNDRED FIFTY-NINE THOUSAND DOLLARS ($159,000) for Year One (hereinafter, the “Year One Not-to-Exceed Sum”). The Not-to-Exceed Sum for the remainder of the Term, along with the optional two (2) additional one-year terms, shall be the amount of the prior year with an additional increase based on the “Consumer Price Index – Los Angeles Area”.

CONTRACTOR further agrees that the Not-to-Exceed Sum is inclusive of compensation for all labor, materials, tools, supplies, equipment, services, tasks and incidental and customary work necessary to competently perform and timely complete the Work. CONTRACTOR shall have no right or entitlement to any overage contingency sums authorized by the City Council unless the City Representative authorizes the expenditure of such overage contingency funds in writing in the City Representative’s sole and absolute discretion.

C. The Not-to-Exceed Sum will be paid to CONTRACTOR in monthly increments as the Work is completed. Following the conclusion of each calendar month, CONTRACTOR will submit to CITY an itemized invoice indicating the work performed and the tasks completed during the recently concluded calendar month, including the Work and tasks performed and the reimbursable out -of-pocket expenses incurred. If the amount of CONTRACTOR’s compensation includes hours worked by CONTRACTOR’s personnel, the invoice shall indicate the number of hours worked in connection with the specific service or task requested, the persons responsible for performing the Work, the rate of compensation at which such services and tasks were performed, the subtotal for each task and service performed and a grand total for all services performed. Within thirty (30) calendar days of receipt of each invoice, CITY shall notify CONTRACTOR in writing of any disputed amounts included in the invoice. Within forty-five (45) calendar days of receipt of each invoice, CITY shall pay all undisputed amounts included on the invoice. CITY shall not withhold applicable taxes or other authorized deductions from payments made to CONTRACTOR.

Section 5. Standard of Care. CONTRACTOR represents, acknowledges and agrees as follows:

A. CONTRACTOR shall perform all work skillfully, competently and to the highest standards applicable to the CONTRACTOR’s field;

B. CONTRACTOR represents and maintains that it is skilled in the professional calling necessary to perform the Services;

C. CONTRACTOR shall perform all work in a manner reasonably satisfactory to the CITY;

D. CONTRACTOR shall comply with all applicable federal, state and local laws and regulations, including the conflict of interest provisions of Government Code Section 1090 and the Political Reform Act (Government Code Section 81000 et seq.). CONTRACTOR’s compliance with applicable laws will include, without limitation, compliance with all applicable Cal/OSHA requirements and applicable 96Exhibit 2

5 regulations of the Federal Department of Housing and Urbanization;

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

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

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

H. CONTRACTOR shall at all times employ such force, plant, materials, and tools as will be sufficient in the opinion of the CITY to perform the Services within the time limits established, and as provided herein. It is understood and agreed that said tools, equipment, apparatus, facilities, labor, and material shall be furnished and said Services performed and completed as required by the Agreement, and subject to the approval of the CITY’s authorized representative. The quality of Services shall meet or exceed those standards established by the CITY or County of jurisdiction.

The Parties acknowledge and agree that CONTRACTOR shall perform, at CONTRACTOR’s own cost and expense and without any reimbursement from CITY, any services or tasks necessary to correct any errors or omissions caused by CONTRACTOR’s failure to comply with the standard of care set forth under this Section or by any like failure on the part of CONTRACTOR’s employees, agents, contractors, subcontractors and subconsultants. Such effort by CONTRACTOR to correct any errors or omissions shall be commenced immediately upon their discovery by either Party and shall be completed within seven (7) calendars days from the date of discovery or such other extended period of time authorized by the City Representative in writing and absolute discretion. The Parties acknowledge and agree that CONTRACTOR’s acceptance of any work performed by CONTRACTOR or on CONTRACTOR’s behalf shall not constitute a release of any deficiency or delay in performance. The Parties further acknowledge, understand and agree that CONTRACTOR has r elied upon the foregoing representations of CONTRACTOR, including but not limited to the representation that CONTRACTOR possesses the skills, training, knowledge and experience necessary to perform the Work in a skillful and competent manner equivalent to, the standard of performance generally recognized as being employed by professionals performing the same type of work and services in the State of California.

Section 6. Representatives.

A. City Representative. For the purposes of this Agreement, the contract administrator and CITY’s representative shall be Elizabeth Nava, Director of Recreation and Community Services (hereinafter, the “City Representative”). It 97Exhibit 2

6 shall be CONTRACTOR’s responsibility to assure that the City Representative is kept informed of the progress of the performance of the services, and CONTRACTOR shall refer any decisions which must be made by CITY to the City Representative. Unless otherwise specified herein, any approval of CITY required hereunder shall mean the approval of the City Representative.

B. Contractor Representative. For the purposes of this Agreement, Adam Kloster, CGCS, is hereby designated as the principal and representative of CONTRACTOR authorized to act on its behalf with respect to CONTRACTOR’s performance under this Agreement and to make all decisions in connection therewith (hereinafter, the “Contractor Representative”). Notice to the Contractor Representative whether written or verbal shall constitute notice to CONTRACTOR. The Contractor’s Representative shall supervise and direct the Services, using their best skill and attention, and shall be responsible for all means, methods, techniques, sequences, and procedures and for the satisfactory coordination of all portions of the Services under this Agreement.

Section 7. Contractor’s Personnel

A. CONTRACTOR represents that it has, or will secure at its own expense, all personnel required to perform the Work and all other services and tasks necessary for CONTRACTOR to competently and timely complete the improvements contemplated under this Agreement. All Work, services and tasks will be performed under CONTRACTOR’s supervision, and CONTRACTOR’s personnel engaged in the performance of the work, services and tasks contemplated under this Agreement shall possess the qualifications, permits and licenses required by applicable law to perform such work, services and tasks.

B. CONTRACTOR shall obtain at its sole cost and expense such licenses, permits, and approvals as may be required by law for the performance of the Work.

CONTRACTOR shall have the sole obligation to pay for any fees, assessments and taxes, plus applicable penalties and interest, which may be imposed by law and arise from or are necessary for the CONTRACTOR’s performance of the Work, and shall indemnify, defend and hold harmless CITY against any such fees, assessments, taxes, penalties, or interest levied, assessed, or imposed against CITY hereunder.

C. CONTRACTOR shall be solely responsible for the satisfactory work performance of all personnel engaged in performing the Work.

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

E. CONTRACTOR shall be responsible for payment of all employees’ and subconsultants’ wages and benefits and shall comply with all requirements pertaining to employer’s liability, workers’ compensation, unemployment insurance, and Social Security.
98Exhibit 2

7 F. CONTRACTOR shall obtain and maintain during the Agreement term all necessary licenses, permits and certificates required by law for the performance of the Work contemplated under this Agreement.

Section 8. Substitution of Key Personnel. CONTRACTOR has represented to CITY that certain key personnel will perform and coordinate the Services under this Agreement.

Should one or more of such personnel become unavailable, CONTRACTOR may substitute other personnel of at least equal com petence upon written approval of CITY.

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

Section 9. Prevailing Wages and General Labor Compliance and Reporting.

A. CONTRACTOR and any subcontractor performing or contracting any portion of the Work shall comply with all applicable provisions of the California Labor Code for all workers, laborers and mechanics of all crafts, classifications or types, including, but necessarily limited to the following:

1. In accordance with California Labor Code Section 1810, eight (8) hours of labor in performance of the Work shall constitute a legal day’s work under this Contract. CONTRACTOR and any subcontractor shall pay workers overtime pay (not less than 1 1/2 times the base rate of pay) as required by California Labor Code Section 1815. CONTRACTOR and any subcontractor shall, as a penalty to the CITY, forfeit twenty-five dollars ($25) for each worker employed in the execution of the contract by the respective contractor or subcontractor for each calendar day during which the worker is required or permitted to work more than 8 hours in any one calendar day and 40 hours in any one calendar week in violation to the provisions of Article 3 of Chapter 1 of Part 7, Divisio n 2 of the California Labor Code, which is incorporated by this reference as though fully set forth herein.

2. Pursuant to the provisions of California Labor Code, Sections 1770 et. seq., CONTRACTOR and any subcontractor under CONTRACTOR shall pay not less than the prevailing rate of per diem wages as determined by the Director of the California Department of Industrial Relations. Pursuant to the provisions of California Labor Code Section 1773.2, CONTRACTOR is hereby advised that copies of the prevailing rate of per diem wages and a general prevailing rate for holidays, Saturdays and Sundays and overtime work in the locality in which the work is to be performed for each craft, classification, or type of worker required to execute the Contract, are on file at the Public Works Yard, which copies shall be made available to any interested party on request.

CONTRACTOR shall post a copy of said prevailing rate of per diem wages at each job site.

99Exhibit 2

8 B. As required by Section 1773.1 of the California Labor Code, CONTRACTOR shall pay travel and subsistence payments to each worker needed to execute the Work, as such travel and subsistence payments are defined in the applicable collective bargaining agreements filed in accordance with this Section.

C. To establish such travel and subsistence payments, the representative of any craft, classification, or type of workman needed to execute the contracts shall file with the Department of Industrial Relations fully executed copies of collective bargaining agreements for the particular craft, classification or type of work involved. Such agreements shall be filed within ten (10) days after their execution and thereafter shall establish such travel and payments.

D. CONTRACTOR shall comply with the provisions of Section 1775 of the California Labor Code and shall, as a penalty to CITY, forfeit up to fifty dollars ($50) for each calendar day, or portion thereof, for each worker paid less than the prevailing rate of per diem wages for each craft, classification, or type of worker needed to execute the contract. CONTRACTOR shall pay each worker an amount equal to the difference between the prevailing wage rates and the amount paid worker for each calendar day or portion thereof for which a worker was paid less than the prevailing wage rate. CONTRACTOR is required to pay all applicable penalties and back wages in the event of violation of prevailing wage law, and CONTRACTOR and any subcontractor shall fully comply with California Labor Code Section 1775, which is incorporated by this reference as though fully set forth herein.

E. CONTRACTOR and any subcontractor shall maintain and make available for inspection payroll records as required by Labor Code Section 1776, which is incorporated by this reference as though fully set forth herein. CONT RACTOR is responsible for ensuring compliance with Labor Code Section 1776 and shall keep accurate payroll records containing all such information as maybe called for under Labor Code Section 1776 and other applicable provisions of State law.

F. CONTRACTOR and any subcontractors shall, when they employ any person in any apprenticeable craft or trade, apply to the joint apprenticeship committee administering the apprenticeship standards of the craft or trade in the area of the work site for a certificate approving CONTRACTOR or subcontractor under the apprenticeship standards for the employment and training of apprentices in the area or industry affected; and shall comply with all other requirements of Section 1777.5 of the California Labor Code, which is inco rporated by this reference as though fully set forth herein. The responsibility of compliance with California Labor Code Section 1777.5 during the performance of this contract rests with CONTRACTOR. Pursuant to California Labor Code Section 1777.7, in th e event CONTRACTOR knowingly fails to comply with the provisions of California Labor Code Section 1777.5, civil penalties will be assessed. CONTRACTOR shall also be subject to California Labor Code Section 1777.1.

9 and keep in effect adequate Workers' Compensation Insurance and Employers Liability Insurance. If CONTRACTOR, in the sole discretion of the CITY satisfies the CITY of the responsibility and capacity under the applicable Workers' Compensation Laws, if any, to act as self-insurer, CONTRACTOR may so act, and in such case, the insurance required by this paragraph need not be provided.

CONTRACTOR is advised of the provisions of Section 3700 of the California Labor Code, which requires every employer to be insured against liability for Workers' Compensation or to undertake self-insurance in accordance with the provisions of that Code and shall comply with such provisions and have Employer’s General Liability limits of $1,000,000 per accident before commencing the performance of the Work of this Contract. The Notice to Proceed with the Work under this Contract will not be issued, and CONTRACTOR shall not commence the Work, until CONTRACTOR submits written evidence that it has obtained full Workers' Compensation Insurance coverage for all persons whom it employs or may employ in carrying out the Work under this Contract. This insurance shall be in accordance with the requirements of the most current and applicable state Workers' Compensation Insurance Laws. In accordance with the provisions of Section 1861 of the California Labor Code, CONTRACTOR in signing this Contract certifies to the CITY as true the following statement: "I am aware of the provisions of Section 3700 of the Labor Code which require every employer to be insured against liability for Workers' Compensation or to undertake self-insurance in accordance with the provisions of that Code, and I will comply with such provisions before commencing the performance of the Work of this contract." A subcontractor is not allowed to commence the Work on the project until verification of Workers’ Compensation Insurance coverage has been obtained and verified by CONTRACTOR and submitted to the Public Work’s Director for the CITY’s review and records.

H. In accordance with the provisions of Section 1727 of the California Labor Code, the CITY, before making payment to CONTRACTOR of money due under a contract for public work, shall withhold and retain therefrom all amounts required to satisfy any civil wage and penalty assessment issued by the Labor Commissioner, along with the terms of Chapter 1, Part 7, Division 2 of the California Labor Code (commencing with Section 1720). But no sum shall be withheld, retained or forfeited, except from the final payment, without a full investigation by either the Division of Labor Standards Enforcemen t or by the CITY.

Section 10. Prohibited Interests. CONTRACTOR warrants, represents and maintains that it has not employed nor retained any company or person, other than a bona fide employee working solely for CONTRACTOR, to solicit or secure this Agreement. Further, CONTRACTOR warrants and represents that it has not paid nor has it agreed to pay any company or person, other than a bona fide employee working solely for CONTRACTOR, any fee, commission, percentage, brokerage fee, gift or other considera tion contingent upon or resulting from the award or making of this Agreement. For breach or violation of this warranty, CITY shall have the absolute and unfettered right to rescind this Agreement without liability or penalty. For the term of this Agreeme nt, no member, officer or employee of CITY, during the term of his or her service with CITY, shall have any direct interest in this Agreement, or obtain any present or anticipated material benefit arising therefrom.

101Exhibit 2

10 Section 11. Independent Contractor.

A. All acts of CONTRACTOR, its agents, officers, subcontractors and employees and all others acting on behalf of CONTRACTOR relating to the performance of this Agreement, shall be performed as independent contractors and not as agents, officers, or employees of CITY. CONTRACTOR, by virtue of this Agreement, has no authority to bind or incur any obligation on behalf of CITY. CONTRACTOR has no authority or responsibility to exercise any rights or power vested in CITY. No agent, officer, or employee of CITY is to be considered an employee of CONTRACTOR. It is understood by both CONTRACTOR and CITY that this Agreement shall not, under any circumstances, be construed or considered to create an employer-employee relationship or a joint venture.

B. CONTRACTOR, its agents, officers, subcontractors and employees are and, at all times during the Term of this Agreement, shall represent and conduct themselves as independent contractors and not as employees of CITY.

C. CONTRACTOR shall determine the method, details and means of performing the Work. CONTRACTOR shall be responsible to CITY only for the requirements and results specified in this Agreement and, except as expressly provided in this Agreement, shall not be subjected to CITY's control with respect to the physical action or activities of the CONTRACTOR in fulfillment of this Agreement.

CONTRACTOR has control over the manner and means of performing the services under this Agreement. CONTRACTOR is permitted to provide services to others during the same period as it provides services to CITY under this Agreement. If necessary, CONTRACTOR has the responsibility for employing other persons or firms to assist CONTRACTOR in fulfilling the terms and obligations under this Agreement.

D. If in the performance of this Agreement any third persons are employed by CONTRACTOR, such persons shall be entirely and exclusively under the direction, supervision, and control of CONTRACTOR. All terms of employment including hours, wages, working conditions, discipline, hiring, and discharging or any other term of employment or requirement of law shall be determined by the CONTRACTOR.

E. It is understood and agreed that as an independent contractor and not an employee of CITY neither the CONTRACTOR nor CONTRACTOR'S assigned personnel shall have any entitlement as a CITY employee, right to act on behalf of CITY in any capacity whatsoever as an agent, or to bind CITY to any obligation whatsoever.

F. As an independent contractor, CONTRACTOR hereby indemnifies and holds CITY harmless from any and all claims that may be made against CITY based upon any contention by any third party that an employer-employee relationship exists by reason of this Agreement.

11 performance of the services contemplated by this Agreement. No person having such conflicting interest shall be employed by or associated with CONTRACTOR in connection with this project. CONTRACTOR hereby warrants for itself, its employees, and subcontractors that no such person shall engage in any conduct which would constitute a conflict of interest under any CITY ordinance, state law or federal statute.

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

Section 13. Non-Discrimination. During the performance of this Agreement, CONTRACTOR and its subcontractors shall not unlawfully discriminate against any employee or applicant for employment because of race, religio us creed, color, national origin, ancestry, physical disability, mental disability, medical condition, genetic information, marital status, sex, gender, gender identity, gender expression, age, sexual orientation, reproductive health decision making or military and veteran status.

CONTRACTOR and subcontractors shall ensure that the evaluation and treatment of their employees and applicants for employment are free of such discrimination.

CONTRACTOR and subcontractors shall comply with the provisions of the Fair Employment and Housing Act (Gov. Code, Section 129 00 et seq.). The applicable regulations of the Fair Employment and Housing Act, set forth in Part 2.8, Division 3, of Title 2 of the Government Code are incorporated into this Contract by reference and made a part hereof as if set forth in full. CONTRACTOR and its subcontractors shall give written notice of their obligations under this clause to labor organizations with which they have a collective bargaining or other agreement. This CONTRACTOR shall include the nondiscrimination and compliance provisions of this clause in all subcontracts to perform the Work under this Agreement.

Section. 14. Indemnification.

A. To the fullest extent permitted by law, CONTRACTOR hereby agrees, at its sole cost and expense, to defend, protect, indemnify, and hold harmless CITY and CITY’s elected and appointed officials, officers, attorneys, agents, employees, volunteers, successors, and assigns (collectively "Indemnitees") from and against any and all damages, costs, expenses, liabilities, claims, demands, causes of action, proceedings, expenses, judgments, penalties, liens, and losses of any nature whatsoever, including fees of accountants, attorneys, or other professionals and all costs associated therewith (collectively "Liabilities"), arising or claimed to arise, directly or indirectly, out of, in connection with, resulting from, or related to any act, failure to act, error, or omission of CONTRACTOR or any of CONTRACTOR’s officers, agents, servants, employees, subcontractors, materialmen, suppliers or their officers, agents, servants or employees, arising or claimed to arise, directly or indirectly, out of, in connection with, resulting from, or related to this Agreement and the performance or failure to perform any term, provision, covenant, or condition of the Agreement, including this indemnity provision. This indemnity provision is effective regardless of any prior, concurrent, or subsequent active or passive negligence by CONTRACTOR and shall operate to fully indemnify Indemnitees against any such negligence. This indemnity provision shall survive the termination of the Agreement and is in addition to any other rights or remedies which Indemnitees may have under the law or elsewhere under this Agreement. Payment is not required as a condition precedent to an 103Exhibit 2

12 Indemnitee's right to recover under this indemnity provision, and an entry of judgment against any one or more of the Indemnitees shall be conclusive in favor of the Indemnitees’ right to recover under this indemnity provision.

CONTRACTOR shall pay Indemnitees for any attorney’s fees and costs incurred in enforcing this indemnification provision. Notwithstanding the foregoing, nothing in this instrument shall be construed to encompass (a) Indemnitees' sole negligence or willful misconduct to the limited extent that the underlying Agreement is subject to Civil Code § 2782(a), or (b) the contracting public agency's active negligence to the limited extent that the underlying Agreement is subject to Civil Code § 2782(b). This indemnity is effective without reference to the existence or applicability of any insurance coverage(s) which may ha ve been required under the Agreement or any additional insured endorsements which may extend to Indemnitees. Accountants, attorneys, or other professionals employed by Indemnitor to defend Indemnitees shall be selected by Indemnitees.

CONTRACTOR, on behalf of itself and all parties claiming under or through it, hereby waives all rights of subrogation and contribution against the Indemnitees, while acting within the scope of their duties, from all claims, losses and liabilities arising out of or incident to activities or operations performed by or on behalf of the Indemnitor regardless of any prior, concurrent, or subsequent active or passive negligence by the Indemnitees.

B. CONTRACTOR’s obligations under this or any other provision of this Agreement will not be limited by the provisions of any workers compensation act or similar act.

CONTRACTOR expressly waives its statutory immunity under such statutes or laws as to the Indemnities.

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

D. CITY does not, and shall not; waive any rights that it may possess against CONTRACTOR because of the acceptance by CITY, or the deposit with CITY, of any insurance policy or certificate required pursuant to this Agreement. This hold harmless and indemnification provision shall apply regardless of whether or not any insurance policies are determined to be applicable to the claim, demand, damage, liability, loss, cost or expense. CONTRACTOR agrees that CONTRACTOR’s covenant under this Section shall survive the termination of this Agreement.

104Exhibit 2

13 E. CONTRACTOR shall fully comply with the workers’ compensation laws regarding CONTRACTOR and CONTRACTOR’s employees. CONTRACTOR further agrees to indemnify and hold CITY harmless from any failure of CONTRACTOR to comply with applicable workers’ compensation laws. CITY shall have the right to offset against the amount of any fees due to CONTRACTOR under this Agreement any amount due to CITY from CONTRACTOR as a result of CONTRACTOR’s failure to promptly pay to CITY any reimbursement or indemnification arising under this Section.

Section 15. Insurance.

A. CONTRACTOR shall at all times during the term of this Agreement carry, maintain, and keep in full force and effect, insurance as follows:

1. Commercial General Liability Insurance with minimum limits of One Million Dollars ($1,000,000) for each occurrence and in the aggregate for any personal injury, death, loss or damage.

2. Automobile Liability Insurance for any owned, non-owned or hired vehicle used in connection with the performance of this Agreement with minimum limits of One Million Dollars ($1,000,000) per accident for bodily injury and property damage.

3. Worker’s Compensation insurance as required by the State of California.

B. CONTRACTOR shall require each of its sub-consultants or sub-contractors to maintain insurance coverage that meets all of the requirements of this Agreement.

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

D. CONTRACTOR agrees that if it does not keep the insurance required in this Agreement in full force and effect, CITY may either immediately terminate this Agreement or, if insurance is available at a reasonable cost, CITY may take out the necessary insurance and pay, at CONTRACTOR’S expense , the premium thereon.

E. Prior to commencement of Work under this Agreement, CONTRACTOR shall file with CITY’s Risk Manager a certificate or certificates of insurance showing that the insurance policies are in effect and satisfy the required amounts and spe cifications required pursuant to this Agreement.

F. CONTRACTOR shall provide proof that policies of insurance expiring during the Term of this Agreement have been renewed or replaced with other policies providing at least the same coverage. Such proof will be furnished at least two weeks prior to the expiration of the coverages.

G. The general liability and automobile policies of insurance shall contain an endorsement naming CITY, its elected officials, officers, agents, employees, 105Exhibit 2

14 attorneys, servants, volunteers, successors and assigns as additional insureds.

All of the policies shall contain an endorsement providing that the policies cannot be canceled or reduced except on thirty (30) days’ prior written notice to CITY.

CONTRACTOR agrees to require its insurer to modify the certificates of insurance to delete any exculpatory wording stating that failure of the insurer to mail written notice of cancellation imposes no obligation, and to delete the word “endeavor” with regard to any notice provisions.

H. All policies of Commercial General Liability and Automobile Liability insurance shall be primary and any other insurance, deductible, or self-insurance maintained by the CITY, its officials, officers, employees, agents, or volunteers shall not contribute with this primary insurance. Policies shall contain or be endorsed to contain such provisions.

I. All insurance coverage provided pursuant to this Agreement shall not prohibit CONTRACTOR, and CONTRACTOR’s employees, agents, subcontractors, or volunteers from waiving the right of subrogation prior to a loss. CONTRACTOR hereby waives all rights of subrogation against CITY, its officials, officers, employees, agents and volunteers.

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

K. If CONTRACTOR is a Limited Liability Company, general liability coverage must be amended so that the Limited Liability Company and its managers, affiliates, employees, agents, and other persons necessary or incidental to its operation are insureds.

L. Procurement of insurance by CONTRACTOR shall not be construed as a limitation of CONTRACTOR’s liability or as full performance of CONTRACTOR’s duties to indemnify, hold harmless and defend under Section 15 of this Agreement.

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

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

Section 16. Records and Inspection. CONTRACTOR shall keep, and require subcontractors to keep, such books and records as shall be necessary to document the performance of the Work and enable the CITY to evaluate the performance of the Work.

The Contract Officer shall have full and free access to such books and records at all times 106Exhibit 2

15 during normal business hours of CITY, including the right to inspect, copy, audit, a nd make records and transcripts from such records. Such records shall be maintained for a period of four (4) years following completion of the services hereunder, and the CITY shall have access to such records in the event any audit is required.

Section 17. Termination.

A. Termination for Convenience. CITY may immediately terminate this Agreement for convenience, without cause and without penalty or liability at any time upon the issuance of written notice to CONTRACTOR specifying the effective date of such termination. Such termination for convenience shall be made in writing signed by either the City Representative, the City Manager or the Assistant City Manager.

CONTRACTOR may only terminate this Agreement for cause.

B. Termination for Cause. In the event either Party fails to perform any duty, obligation, service or task set forth under this Agreement (or fails to timely perform or properly perform any such duty, obligation, service or task set forth under this Agreement), an event of default (hereinafter, “Event of Default”) shall occur. For all Events of Default, the Party alleging an Event of Default shall give written notice to the defaulting Party (hereinafter referred to as a “Default Notice”) which shall specify: (i) the nature of the Event of Default; (ii) the action required to cure the Event of Default; (iii) a date by which the Event of Default shall be cured, which shall not be less than the applicable cure period set forth in this Section or if a cure is not reasonably possible within the applicable cure period, to begin such cure and diligently prosecute such cure to completion. The Event of Default shall constitute a breach of this Agreement if the defaulting Party fails to cure the Event of Default within the applicable cure period or any extended cure period allowed under this Agreement. An Event of Default shall include, but shall not be limited to the following: (i) CONTRACTOR’s failure to fulfill or perform its obligations under this Agreement within the specified time or if no time is specified, within a reasonable time; (ii) CONTRACTOR’s and/or its employees’ disregard or violation of any federal, state, local law, rule, procedure or regulation; (iii) the initiation of proceedings under any bankruptcy, insolvency, receivership, reorganization, or similar legislation as relates to CONTRACTOR, whether voluntary of involuntary; (iv) CONTRACTOR’s refusal or failure to perform or observe any covenant, condition, obligation or provision of this Agreement; and/or (v) CITY’s discovery that a statement representation or warranty by CONTRACTOR relating to this Agreement is false or erroneous in any material respect, including any statement, representation or warranty set forth in the Equipment Specifications.

1. CONTRACTOR shall cure the following Event of Default within the following time periods:

i. Within three (3) business days of CITY’s issuance of a Default Notice for any failure of CONTRACTOR to timely provide CITY or CITY’s employees or agents with any information and/or written reports, documentation or work product which CONTRACTOR is obligated to provide to CITY or CITY’s employees or agents under this Agreement.

Prior to the expiration of the 3-day cure period, CONTRACTOR may submit a written request for additional time to cure the Event of Default 107Exhibit 2

16 upon a showing that CONTRACTOR has commenced efforts to cure the Event of Default and that the Event of Default cannot be reasonably cured within the 3-day cure period. The foregoing notwithstanding, CITY shall be under no obligation to grant additional time for the cure of an Event of Default under this subsection that exceeds seven (7) calendar days from the end of the initial 3-day cure period; or

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

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

2. Except as otherwise specified in this Agreement, CITY shall cure any Event of Default asserted by CONTRACTOR within thirty (30) calendar days of CONTRACTOR’s issuance of a Default Notice, unless the Event of Default cannot reasonably be cured within the 30-day cure period. Prior to the expiration of the 30-day cure period, CITY may submit a written request for additional time to cure the Event of Default upon a showing that CITY has commenced its efforts to cure the Event of Default and that the Event of Default cannot be reasonably cured within the 30-day cure period. The foregoing notwithstanding, an Event of Default dealing with CITY’s failure to timely pay any undisputed sums to CONTRACTOR shall be cured by CITY within five (5) calendar days from the date of CONTRACTOR’s Default Notice to CITY.

3. CITY, in its sole and absolute discretion, may also immediately suspend CONTRACTOR’s performance under this Agreement (or the performance of any specific task or function performed by CONTRACTOR under this Agreement) pending CONTRACTOR’s cure of any Event of Default by giving CONTRACTOR written notice of CITY’s intent to suspend CONTRACTOR’s performance (hereinafter, a “Suspension Notice”). CITY may issue the Suspension Notice at any time upon the occurrence of an Event of Default.

Upon such suspension, CONTRACTOR shall be compensated only for those services and tasks which have been rendered by CONTRACTOR to the reasonable satisfaction of CITY up to the effective date of the suspension. No actual or asserted breach of this Agreement on the part of CITY shall operate to prohibit or otherwise restrict CITY’s ability to suspend this Agreement as 108Exhibit 2

17 provided herein.

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

5. The duties and obligations imposed under this Agreement and the rights and remedies available hereunder shall be in addition to and not a limitation of any duties, obligations, rights and remedies otherwise imposed or available by law.

In addition to any other remedies available to CITY at law or under this Agreement in the event of any breach of this Agreement, CITY, in its sole and absolute discretion, may also pursue any one or more of the following remedies:

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

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

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

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

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

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

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

18 weather, fires, earthquakes, floods, epidem ics, quarantine restrictions, riots, strikes, freight embargoes, wars, litigation, and/or acts of any governmental agency, including the CITY, if the CONTRACTOR shall within three (3) calendar days of the commencement of such delay notify the City Representative in writing of the causes of the delay. The City Representative shall ascertain the facts and the extent of delay, and extend the time for performing the services for the period of the enforced delay when and if in the judgment of the City Representative such delay is justified. The City Representative’s determination shall be final and conclusive upon the parties to this Agreement. In no event shall CONTRACTOR be entitled to recover damages against the CITY for any delay in the performance of this Agreement, however caused, CONTRACTOR’S sole remedy being extension of the Agreement pursuant to this Section.

Section 19. Notices. Any notices, bills, invoices, or reports required by this Agreement shall be deemed received on: (a) the day of delivery if delivered by hand or overnight courier service during CONTRACTOR’s and CITY’s regular business hours; or (b) on the third business day following deposit in the United States mail, postage prepaid, to the addresses heretofore below, or to such other addresses as the parties may, from time to time, designate in writing.

If to CITY: If to CONTRACTOR:

City of Bell Gardens
7100 S. Garfield Avenue
Bell Gardens, CA 90201
Attn: Elizabeth Nava, Director of
Recreation and Community Services

BrightView Golf Maintenance, Inc.
27001 Agoura Road
Suite 350
Calabasas, CA 91301
Attn: Adam Kloster, CGCS

Section 20. Prohibition. CONTRACTOR shall not delegate, transfer, subcontract or assign its duties or rights hereunder, either in whole or in part, without CITY’s prior written consent, and any attempt to do so shall be void and of no effect. CITY shall not be obligated or liable under this Agreement to any party other than CONTRACTOR.

Section 21. Attorney Fees. In the event that CITY or CONTRACTOR commences any legal action or proceeding to enforce or interpret the provisions of this Agreement, the prevailing party shall be entitled to recover its costs of suit, including reasonable attorney’s fees.

Section 22. Entire Agreement. All documents referenced as exhibits in this Agreement are hereby incorporated in this Agreement. Except as expressly provided in this Agreement or its Exhibits, in the event of any conflict or inconsistency between the express provisions of this Agreement and provisions of any document incorporated by reference, the provisions of this Agreement shall prevail and control. This instrument contains the entire Agreement between CITY and CONTRACTOR with respect to the subject matter herein. No other prior oral or written agreements are binding on the parties.

Any modification of this Agreement will be effective only if it is in writing and executed by both CITY and CONTRACTOR.

110Exhibit 2

19 Section 23. Governing Law; Jurisdiction. This Agreement shall be interpreted and governed according to the laws of the State of California. In the event of litigation between the Parties, venue, without exception, shall be in the Los Angeles County Superior Court of the State of California. If, and only if, applicable law requires that all or part of any such litigation be tried exclusively in federal court, venue, without exception, shall be in the Central District of California located in the City of Los Angeles, California.

Section 24. Severability. Wherever possible, each provision of this Agreement shall be interpreted in such a manner as to be valid under applicable law. If any provision of this Agreement is determined by a court of competent jurisdiction to be invalid, void or unenforceable, the remaining provisions shall nevertheless continue in full force and effect.

Section 25. Captions. The captions used in this Agreement are solely for reference and the convenience of the Parties. The captions are not a part of the Agreement, in no way bind, limit, or describe the scope or intent of any provision, and shall have no effect upon the construction or interpretation of any provision herein.

Section 26. Execution. This Agreement may be executed in any number of counterparts, each of which shall be deemed an original, but all of which when taken together shall constitute one and the same instrument.

[SIGNATURES ON FOLLOWING PAGE]
111Exhibit 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, a municipal
corporation

By:

Michael B. O’Kelly
City Manager

Date:

BRIGHTVIEW GOLF MAINTENANCE, INC.

By: ______________________________

Name:____________________________

Title:_____________________________

Date:

APPROVED AS TO FORM:

By:_____________________________
Stephanie Vasquez
City Attorney

Date:

112Exhibit 2

21 EXHIBIT “A”

CITY RFP

113Exhibit 2

Bell Gardens Golf Course Landscape and Maintenance Contract Services 1

REQUEST FOR PROPOSALS
Bell Gardens Golf Course Landscape Maintenance

RFP RELEASE DATE
September 5, 2023

PROPOSAL SUBMITTAL DEADLINE
Wednesday, September 20, 12:00pm
Contact Person:

Elizabeth Nava, Director of Recreation and Community Services Direct: 562-806-7650
email: [email protected]
114Exhibit 2

Bell Gardens Golf Course Landscape and Maintenance Contract Services 2 Table of Contents 2
Introduction and Background 3
Submittal Procedures / Deadline 7
Scope of Services 10
Point of Contact and Communication 20
Evaluation Criteria 21
Instructions, Terms and Conditions 22
Contract Services Agreement Template 25

TABLE OF CONTENTS
115Exhibit 2

Bell Gardens Golf Course Landscape and Maintenance Contract Services 3 The City of Bell Gardens (“City”) is soliciting proposals from qualified golf course maintenance contractors to provide comprehensive maintenance services at the Bell Gardens Golf Course (“Services”). The Golf Course is located at 8000 Park Lane, Bell Gardens, CA 90201, (562) 806-7788. All golf course maintenance services will be provided under the supervision of the Recreation and Community Services Department.

The City-owned 26 acre, 9-hole golf course typically services 20,000 rounds of golf per year. The City is looking for a comprehensive golf course maintenance contractor to provide golf course turf, shrubbery, ground cover, planter area weeding and maintenance, and irrigation services that include afterhours emergency repairs.

It is the intent of the City to select a single proposer to accomplish and/or supply all services outlined in the Request for Proposals (“RFP”).

The City reserves the right to accept or reject any or all responses received in response to this request. The City also reserves the right to waive any informality, technical defect or clerical error or irregularity in any response. The City’s potential award of an agreement will not be based on any single factor, nor will it be based solely or exclusively on the lowest cost proposal. If an agreement is awarded, it will be awarded to the proposer who in the judgment of the City has presented an optimal balance of relevant experience, price, quality of service, work history and other factors which the City may consider relevant and important in determining which proposal is best for the City. Additionally, the City may, for any reason, decide not to award an agreement based on this RFP. The City reserves the right to cancel this RFP. The City shall not be obligated to respond to any responses submitted, nor be legally bound in any manner by the submission of the response. The City reserves the right to negotiate deliverables and associated costs.

The City of Bell Gardens
The City of Bell Gardens was incorporated as a general law city in 1961 and is rich in history. It is bordered by the City of Commerce, Cudahy, Downey, South Gate, and 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.

The Bell Gardens Golf Course
The course was built in 1975 at the southern boundary of the City at 8000 Park Lane, near the neighborhood south of the intersection of Garfield and Clara. The course is a par 3, 9-hole golf course that is described as a secluded course and an excellent place where

INTRODUCTION AND BACKGROUND
116Exhibit 2

Bell Gardens Golf Course Landscape and Maintenance Contract Services 4 beginners can take up the game or the experienced player can work on their short game.

All greens are noted as elevated and slanted, and there are no water hazards or sand bunkers on the course. It is estimated that the Golf Course experiences 20,000 rounds of play each year.

The following pictures show the location of the golf course and highlight the area to be maintained by the selected contractor. In particular, the area to be maintained [includes all golf course property including the parking lot and the greens, fairways, intermediate rough, surrounds, tee areas, turf, planters, shrubbery, ground cover, parking lot (including parking lot planters), restroom facilities, and front turnaround/bag drop-off area. The Golf Course is open to the public and available for viewing. 117Exhibit 2

Bell Gardens Golf Course Landscape and Maintenance Contract Services 5 Walkway to the 1st hole
Practice green near the concession stand
118Exhibit 2

Bell Gardens Golf Course Landscape and Maintenance Contract Services 6 Front turnaround/bag drop-off area in the parking lot
119Exhibit 2

Bell Gardens Golf Course Landscape and Maintenance Contract Services 7

MINIMUM QUALIFICATIONS
To be considered for selection, proposers must demonstrate knowledge and experience providing golf course maintenance.

PROPOSAL CONTENT AND SUBMITTAL INSTRUCTIONS
A. Deadline: Proposals must be received no later than 12:00 PM on Wednesday, September 20, 2023.

B. Location: Proposals can be submitted via [email protected] or the City Clerk’s Office at 7100 Garfield Avenue, Bell Gardens, CA 90201, up to the hour of 12:00 p.m. on September 20, 2023. Proposals received after this time will be considered to be non-responsive.

C. Submission: Proposals must be completed and received by the due date.

Postmarks by the due date and facsimiles are not acceptable. Late submissions or delivery via facsimile will not be considered. If the proposal includes any comments over and above the specific information requested in this RFP, such information should be included as a separate appendix and placed at the end of the proposal.

The City assumes no responsibility for delays caused by mail or delivery service.

Postmarking by the due date will not substitute for actual receipt. Proposals may be submitted as follows:
1) Electronic: Proposals must be submitted in PDF format via [email protected] up to the hour of 12:00 p.m. on September 20, 2023. One copy of the entire proposal is required. The electronic version of the proposal must be an exact duplicate of the hard copies and the subject line must read “City of Bell Gardens Golf Course Landscape Maintenance RFP Response”.
2) Personal Delivery by messenger services to the City Clerk’s Office located at 7100 Garfield Avenue, Bell Gardens, CA 90201. Proposals must be submitted in an envelope, and clearly marked “City of Bell Gardens Golf Course Landscape Maintenance”. Two (2) copies of the proposal must be submitted along with a PDF copy of the proposal on an USB thumb drive. 3) Mail: If submitting by mail, please ensure “City of Bell Gardens Golf Course Landscape Maintenance” is written in the lower left‐hand corner of the envelope. Two (2) copies of the proposal must be submitted along with a PDF copy of the proposal on an USB thumb drive.

SUBMITTAL PROCEDURES / DEADLINE
120Exhibit 2

Bell Gardens Golf Course Landscape and Maintenance Contract Services 8 D. Content: Proposals must be clearly labeled “City of Bell Gardens Golf Course Landscape Maintenance” and include the following information:
1) Transmittal Letter. A letter of transmittal signed by an individual authorized to bind the Proposer stating the Proposer has read and will comply with all terms and conditions of the RFP. The transmittal letter will contain, at a minimum: a) company name and address; b) an executive summary briefly describing the proposer’s ability to perform the work requested, a history of the Proposer’s background and experience providing services; and c) a written statement that the Proposer shall comply with current California Labor Code. Pursuant to said regulations entitled: Federal Labor Standards provisions; Federal Prevailing Wage Decision; and State of California Prevailing Wage Rates, respectively. i Conflict of Interest Statement: The Proposer shall disclose any financial, business, or other relationship with the City that may have an impact upon the outcome of this Agreement. Particular attention should be paid to compliance with Government Code section 1090. 2) Management and Staffing. Describe the management and staffing configuration to be utilized to complete the Scope of Services. Describe the qualifications of staff, their title, and types and amount of equivalent experience.

The proposal must indicate who will have primary responsibility for the Services.
3) Cost and Pricing. Proposals must include staff hourly rates, plus overhead, travel and any additional project costs proposed. All items must be itemized in detail. Proposer should identify on a separate line item the cost of providing all materials, equipment, and tools. Also include the annual projected costs throughout the term of the contract. Although a firm's fixed price proposal will be submitted, the terms and conditions of the contract are subject to negotiation. Proposer should also include a detailed schedule indicating tasks, personnel to be assigned to golf course superintendent, and a prevailing labor rate sheet. Any contract entered into pursuant to this notice will incorporate the provisions of the State Labor Code. Compliance with the prevailing rates of wages and apprenticeship employment standards established by the State Director of Industrial Relations will be required.
4) Additions or Exceptions. A single and separate section with the heading “ADDITIONS OR EXCEPTIONS TO THE CITY’S REQUEST FOR
PROPOSAL” containing a complete and detailed description of all the Proposer’s exceptions to the provisions and conditions of the attached City standard contract services agreement. A sample agreement is attached as “Exhibit A.”
5) Pending Litigation. Include an explanation and status, if in the last five years, the firm or office or principal of the firm has been involved in any substantial complaints, litigation, legal proceedings, or investigations by a regulatory authority.
121Exhibit 2

Bell Gardens Golf Course Landscape and Maintenance Contract Services 9 6) Proposer profile and qualifications including specific experience with municipal golf course landscape maintenance within the State of California. 7) Recommended approach and specific steps to handling services requested, including the use of any subcontractors and/or partners. 8) Proposed schedule of work.
9) Expectations of the type and amount of tasks/support requested of City staff to assist in the process.
10) Identification of the Superintendent and other key staff members who will be assigned to the Bell Gardens Golf Course; include the qualifications and relevant experience in overseeing Golf Course landscape and maintenance. 11) Insurance. Evidence of commercial liability, professional liability, and workers compensations insurance coverage must be included. Insurance requirements are listed on the sample agreement attached as “Exhibit A.” 12) Complete contact information for a minimum of two recent clients for whom similar services described in the RFP have been performed.

E. Schedule: The tentative schedule* for this RFP is as follows:

SCHEDULE
RFP Available Online September 5, 2023
Deadline to Submit RFP Questions September 13, 2023,12:00pm Answers to RFP Questions Posted Online September 14, 2023 Proposal Due Date September 20, 2023, 12:00pm
Recommendation of Award to City Council September 25, 2023 *The schedule above is tentative and subject to change at the discretion of the City, with appropriate notice to prospective Proposers. Please check the Bell Gardens website for the latest updates at https://www.bellgardens.org/i-want-to/view-bids-rfps/rfps-and-bids .

All times are in pacific standard time (PST).
122Exhibit 2

Bell Gardens Golf Course Landscape and Maintenance Contract Services 10

PRELIMINARY SCOPE OF SERVICES
The selected Proposer must provide full coverage of all services outlined below. It is suggested that the selected Proposer allocate a minimum of two (2) maintenance staff (1 full-time & 1 part-time) to the maintenance duties of the Golf Course during operating hours to ensure consistent coverage and provide for emergency coverage.

MUNICIPAL GOLF COURSE LANDSCAPE AND MAINTENANCE REQUIREMENTS A. Have a minimum of ten (10) years’ experience in professional Golf Course maintenance. One individual needs to be designated specifically to the maintenance of the Golf Course and needs to hold a two-year turf management degree. This person must have five years of experience in golf course maintenance. References will be checked.

B. Have a Pest Control Business License or a Pest Control Business License Maintenance Gardener with the State of California and at least one person in a supervisory position with the contractor must hold a valid Qualified Applicator License or Qualified Applicator Certificate in Category B - Landscape Maintenance. The selected contractor must provide proof of financial responsibility for any damages incurred as a result of their pest control operations.

C. Possess and demonstrate a record of financial responsibility commensurate with the obligations contemplated under this RFP.

D. Possess a competent record of employment or history of contract service in the operation of a similar golf facility business as verified and supported by references, letters, and other necessary evidence from all employers and/or public agencies.

E. Be able to satisfactorily perform all the service and maintenance duties as specified herein.

F. Provide written evidence/references that they, the Proposer, currently maintain a minimum of 4 golf courses in California.

G. It is preferred that at least one individual designated to the maintenance of the Golf Course hold a Class "C" certification as an Assistant Golf Course Superintendent with the Golf Course Superintendents Association of America.

The following will be used as a guideline for the services to be provided in a comprehensive maintenance program at the Golf Course.

SCOPE OF SERVICES
123Exhibit 2

Bell Gardens Golf Course Landscape and Maintenance Contract Services 11 Performance Guidelines
A. The selected contractor agrees to perform all maintenance work as designated by the Director of the Recreation and Community Services Department.

B. All Services will be done in accordance with this RFP.

C. Services shall be commenced by the selected contractor within seven (7) days after the receipt of the executed contract or an award of contract notification.

D. The selected Proposer will be required to perform and complete the Services in a thorough and workmanlike manner and must furnish and provide all necessary labor, tools, implements, equipment, materials and supplies. All work specified in this RFP shall be done by qualified and trained personnel. All of the selected Proposer’s personnel shall wear uniforms with the company name or logo clearly printed on them. The selected Proposer shall always have competent qualified supervision present on the job that work is being performed. The selected Proposer and his/her employees shall conduct themselves in a proper, efficient, and courteous manner at all times and shall cause the least possible annoyance to the public.

E. At the end of each working day the selected Proposer shall clean the worksite and all grounds which he has occupied in connection with his operations, of all rubbish and debris. All areas maintained during each workday shall be left in a neat, orderly and presentable condition.

F. All work to be performed shall be subject to the direct supervision of the Director of Recreation and Community Services (“Director”), or a duly appointed representative, and in all respects shall meet with their approval as conforming with the provisions and requirements prescribed thereof.

G. The Director or a duly appointed representative will make periodic inspections of all maintenance work performed by the selected Proposer. If the work has not been properly performed and completed in accordance with all terms of the specifications and contract, the selected Proposer will receive notification from the Director regarding work performance deficiencies.

H. The selected Proposer will be required to provide and maintain barriers when and where it may be necessary to do so in order to effectively guard the worker from danger.

I. Picture Documentation - the selected Proposer is to supply, at no cost to the City, digital quality pictures depicting "before and after" conditions that are suitable for computer reproduction when requested by the Director or a duly appointed representative.

J. Should any direct or indirect damage or injury result to any public or private property by or on account of any act, omission, neglect or misconduct in the execution of the work or as a consequence of the non-execution thereof, on the 124Exhibit 2

Bell Gardens Golf Course Landscape and Maintenance Contract Services 12 part of the selected Proposer or any of their employees or agents, such property shall be restored, by and at the expense of the selected Proposer, to a condition equivalent to that existing before the damage or injury occurred, by repairing or rebuilding the same, or by otherwise making good such damage or injury, in an acceptable manner, determined by the Director.

K. Selected Proposer will defend, indemnify and hold the City harmless from any claims arising from its operation.

L. The Proposer shall secure, maintain in full force and effect, and bear the cost of complete Workers' Compensation Insurance for the entire duration of the contract, and the City will not be responsible for any claims, or suits in law or equity, occasioned by the failure of the selected contractor to do so.

M. The selected Proposer is responsible for recycling of waste. The City is committed to a recycling program, particularly "green waste" recycling. The selected Proposer is obligated under this contract to recycle waste through an approved recycling agency, and to record and report waste recycling to the City on a regular monthly basis.

N. The City reserves the right, at its discretion, to perform maintenance services with its own employees or another contractor during the term of the contract.

Emergency Response Service
A. The selected Proposer shall be required to provide emergency on call response for irrigation and restroom facilities emergencies. Emergency calls may occur at any given time. The selected Proposer will be provided with locations and the work to be done at each location via telephone from a City authorized representative. Emergency work shall begin within two (2) hours of the initial telephone call.

B. Selected Proposer shall be required to provide 24-hour emergency phone and/or pager numbers and the names of at least two (2) contact individuals within one week of award of contract. Should the contact persons or their phone numbers change during the course of the contract, those changes shall be submitted to the City within 2 working days.

Greens and Practice Putting Green
A. All greens should be mowed a minimum of 4 times a week.

B. Greens shall receive deep tine aeration twice a year and top-dress sand will be applied.

C. All greens will receive preventative spraying of herbicides & insecticides as needed.
125Exhibit 2

Bell Gardens Golf Course Landscape and Maintenance Contract Services 13 Fairways and Intermediate Rough
A. Fairways should be mowed 2 times a week 5/8" to 3/4" in height.

B. Aeration once a year, no top-dress needed.

Surrounds
A. The Surround areas are to be kept at no more than 1-1/2" in height, and shall be mowed a minimum of once per week.

Tee areas
A. Areas and walkways should be edged properly once a week.

B. Tee areas should be clean every day and the trash cans emptied every day.

Structures
A. The areas immediately surrounding fences, light poles, drainage, drinking fountains, and tee signs shall be weeded/edged once per week.

Bunkers
A. Raked daily.

B. Edged and weeded weekly.

Turf Care
A. Greens surfaces (including the practice putting green) shall be mowed using walk-behind reel mowers.

B. All turf areas will be fertilized at least three times yearly with a premium fertilizer appropriate to the turf type and formulated and applied at rates based on soil tests. Labor for fertilization is included in the contract amount.

C. All turf areas shall be sprayed with a selective broad leaf herbicide at least twice yearly to control noxious weeds. Additionally, spot treatment will be used to control any weeds as they emerge.

D. All turf areas shall be properly irrigated based on turf type, soil properties, weather and drainage. It is the selected contractor's responsibility to manage and adjust the irrigation system as needed to provide appropriate irrigation. The City of Bell Gardens is responsible for providing a sufficient supply of water of adequate quality for irrigation purposes. Responsibility for service and repair of the irrigation system is outlined in the section of these specifications titled "Irrigation Service."
126Exhibit 2

Bell Gardens Golf Course Landscape and Maintenance Contract Services 14 E. All turf areas shall be properly aerated to maintain the quality and appearance of the Greens surfaces.

F. Damaged or bare areas in turf shall be properly prepared and re-seeded or new sod shall be applied as directed by the City.

G. Turf will be properly edged along walkways, teeing areas, fences, and structures at least once per week to maintain a neat appearance.

H. Trash on the golf course, restroom facilities, parking lot and turnaround/bag drop- off area will be picked up daily.

I. The City shall provide, and replace as needed, all golf course accessories such as tee mats, flags, ball washers, etc.

Equipment
A. The selected Proposer must have its own equipment for maintaining the Golf Course. Equipment should be “Lightweight" and should have a good weight distribution for a lighter "imprint" on the turf. The required equipment includes, but is not limited to:
1) Greensmower - either walking or riding mower, 9 to 11 blade mower (Jacobsen, John Deere, EI Toro, Ransomes or comparable); 2) Fairway mower - riding mower - 7 gang reel mower with 7 to 11 blades per reel (Jacobsen, John Deere, EI Toro, Ransomes or comparable); 3) Trim & Surrounds mower - either walking or riding mower, 9 to 11 blade reel mower (Jacobsen, John Deere, EI Toro, Ransomes or comparable); 4) Fertilizer/Drop Spreader - for the application of granular pesticides and fertilizers;
5) Cup Guzzler - a hand pump that empties the golf hole (cup) of water after irrigation or rain;
6) Hydraulic turf aerator - minimum 6" lance to provide effective aeration and watering for areas sensitive to compaction such as tees and greens; 7) Bunker Screening/Beach Rake - (for use on sand traps) head with rounded teeth to remove stones and debris from sand and fine soil; 8) Landscape Rake - must have rounded teeth for smooth non-gouging raking action on turf and greens;
9) Cross Section Soil Sampler - to investigate composition of golf greens, must produce cores of 1/2" X 2-3/4" X 6" deep;
10) Soil Probe - to investigate soil properties: root system depth, thatch depth, 127Exhibit 2

Bell Gardens Golf Course Landscape and Maintenance Contract Services 15 moisture content, and soil type. Must produce 7/16" diameter core X 5" deep; 11) Ball mark repair tool - to penetrate the soil and force the soil back into the ball hole from the sides; and
12) Roller/Squeegee - closed-cell foam rubber roller with watertight core for water removal on putting greens.

B. Equipment must be in good condition and not older than five years old.

C. Equipment must be appropriate for golf course maintenance.

D. All turf equipment (mowers) must be designated solely for usage at the Bell Gardens Golf Course.

Tree care identification
A. All the trees shall be inspected and City staff shall be notified of any trees that need pruning. Any trees that are infected/diseased need to be reported to City staff. Branches that need to be cut off to ensure safe golf course conditions shall be identified by the selected Proposer.

Tree, Shrubbery and Ground Cover Care
A. All trees, shrubbery and ground covers shall be properly irrigated, the frequency and amount of irrigation to be determined by plant type, soil properties, weather and drainage. It is the selected Proposer's responsibility to manage and adjust the irrigation system as needed to provide appropriate irrigation. The City of Bell Gardens is responsible for providing a sufficient supply of water of adequate quality for irrigation purposes. Responsibility for service and repair of the irrigation system is outlined in the section of these specifications titled "Irrigation Service."
B. Staking, guying and other supports for shrubs shall be installed and maintained as needed.

C. All shrubs shall be trimmed as necessary to maintain a neat, manicured or natural look whichever is applicable.

D. All shrubbery and ground covers shall be fertilized at least once per year with an appropriate balanced fertilizer. Pest and fungus control shall be done curatively.

E. All ground covers will be properly edged to maintain a neat appearance.

F. Plant material lost due to the negligence of the selected Proposer shall be replaced with a comparable type and size of plant at selected contractor's cost.

However, any lost trees shall be replaced with fifteen-gallon trees of the same type. Replacement or addition of plant material at the City's request, including plants lost due to causes outside of selected Proposer's control, shall be an extra cost.
128Exhibit 2

Bell Gardens Golf Course Landscape and Maintenance Contract Services 16 Planter Area Care
A. All planter areas and flower beds will be properly cultivated as needed and will be kept free of weeds, trimmings and other debris.

B. Planters and flower beds will be treated at least once yearly with a pre-emergent herbicide. Snail and slug control will be performed as needed. Labor for planter area care is included in the monthly contract amount.

C. At the direction of the City, color-coordinated annuals shall be planted twice during the first two years. Color will be treated with a balanced preventative chemical as needed. Labor for color area planting and care is included in the monthly contract amount.

Irrigation Service
A. Selected Proposer shall be responsible for servicing the irrigation system to ensure proper coverage of irrigated areas. Routine service, adjustments and minor repairs are included in the monthly contract price. Parts needed for minor repairs will be provided by the selected contractor. (For purposes of this section, "minor" shall be defined as less than $100 in parts for a specific repair task.) B. Valves covers and sprinkler heads would be edged once per week.

C. Sprinkler heads and valves shall be repaired, replaced and cleaned to provide full and maximum coverage. Labor costs for sprinkler and valve repair and replacement are included in the monthly contract amount.

D. Major irrigation repairs, such as main line or lateral line breaks, clock repair or replacement, etc., shall be an extra cost. The City may choose to make major irrigation repairs itself; however, the selected Proposer may perform irrigation repairs immediately to prevent greater damage to the course after approval from City staff is provided. The City must be notified by the selected Proposer prior to performing any irrigation repairs.

E. After hours emergency repairs from 3:00 pm - 6:00 am Monday through Friday and all day on Saturdays, Sundays and Holidays will be billed to the City as an "emergency repair." The selected Proposer shall provide the City with the names and contact information for two people who will serve as emergency contact personnel.

Other Services
A. The selected Proposer shall be responsible for maintaining the parking lot free of both natural debris and trash.

B. The selected Proposer shall identify any rodent and insect infestations that are problematic for the healthy growth of the Golf Course turf. 129Exhibit 2

Bell Gardens Golf Course Landscape and Maintenance Contract Services 17 C. Provide a lead staff member who is licensed to provide a multi-media and laser show and who will be able to attend all pre-planning meetings with City staff.

D. Obtain all required permits and follow all local, state and federal regulations.

E. Produce a full site plan and submit it to the FAA for approval.

F. Other Work related to Requested Services:
1) Proposer must work with City Staff to create a video production as part of the show;
2) Proposer must be available for set up; and
3) Proposer must work with the City Manager and City Staff to provide a marketing/communication campaign to promote the application and educate the public.

G. Proposer shall designate and maintain throughout the term of this Agreement a Golf Course Superintendent who shall:
1) Manage and supervise all maintenance and construction activities on the golf course and related landscape areas;
2) Supervise the operation and maintenance of all golf course maintenance equipment;
3) Provide professional advice, opinions and assistance as required to the Director of Recreation and Community Services or their authorized representative;
4) Participate in facility planning meetings;
5) Report to Director of Recreation and Community Services or their authorized representative;
6) Plan and schedule all maintenance programs needed to provide acceptable and agreed-upon facility standards;
7) Provide for record keeping related to personnel, maintenance procedures, and pesticide applications;
8) Should hold active membership and be in good standing with; United States Golf Association (USGA), Golf Course Superintendents of America (GCSA), Golf Course Superintendents Association of Southern California (GCSASC), Professional Applicators Pesticide Association (PAPA), and the Southern California Golf Association (SCGA);
130Exhibit 2

Bell Gardens Golf Course Landscape and Maintenance Contract Services 18 9) Remove all litter daily from golf course grounds, including the golf course proper, lakes, maintenance yard, landscaped areas and driving range.

Remove all trash and debris resulting from golf course maintenance as it occurs. Proposer will be responsible to haul or contract for removal of all trash and debris related to the golf maintenance operation from the described premises, excluding that trash generated by the Pro-Shop and Club House operations. Clean and repair trash receptacles as necessary to maintain clean, safe and sanitary conditions at all times; 10) Maintain shrub and ground cover plantings and lawn areas in a manner to promote health, growth and aesthetically pleasing appearance at all times; 11) Maintain all trees in safe, healthy and aesthetically pleasing condition at all times, keeping adjacent turf mowed and trimmed to the trunks of trees on the golf course. The use of herbicides or contact sprays of any kind to keep grass maintained at the base of trees must be approved by the City. Pruning of trees by Proposer will be to maintain a seven (7) foot clearance for golf carts and removal and corrective pruning required by fallen or broken branches. General pruning will be performed by others;
12) Maintain all sand traps daily in raked, edged and weed-free condition at all times, replacing sand as necessary;
13) Control and eradicate rodents and other animal pests as necessary to prevent hazards, holes and destruction of plantings on golf course property; 14) Construct and/or maintain and repair as necessary surface flow lines, swales, catch-basins, grates and other drainage structures in clear, weed- free and properly functioning condition at all times;
15) Observe all legal requirements and safety regulations, including special licensing requirements in the use and storage of chemicals, hazardous materials, supplies and equipment at all times according to CAL-OSHA and the Los Angeles County Agricultural Commissioner;
16) Maintain golf maintenance storage buildings and yard in a clean, orderly and safe condition at all times, conforming to all applicable laws and regulations;
17) Maintain all fencing, netting, protective screens and fence lines in a safe, secure and aesthetically pleasing condition at all times. Cost of repairs is the City's responsibility;
18) Maintain all concrete paths and service roads in a safe useable condition at all times. Cost of repairs is the City's responsibility; 19) The Golf Course Superintendent shall prepare a weekly maintenance report 131Exhibit 2

Bell Gardens Golf Course Landscape and Maintenance Contract Services 19 and forward a copy to the Director of Recreation and Community Services or their authorized representative;
20) The Golf Course Superintendent shall submit to the City, using the Work Order System, all requests for repairs and corrective action to be taken with respect to building structures and accessories outside of Contractor maintenance responsibilities. Urgent repairs, that may cause an unsafe situation, should be called in to the Director of Recreation and Community Services or their authorized representative in addition to the Work Order System; and
21) Inspect the following frequently and report deficiencies to City as necessary to ensure prompt repair or correction:
i. All area lighting systems for safe and functioning conditions. ii. All golf course buildings and accessory structures for structural repairs and maintenance not required by Contractor as described. 132Exhibit 2

Bell Gardens Golf Course Landscape and Maintenance Contract Services 20

POINT OF CONTACT
This RFP is issued by the City, and the Director of Recreation and Community Services and Recreation Supervisor will be the points of contact (“Point of Contact”) during the RFP submission and procurement process. Communications initiated by proposers to this RFP with members of the City Council, or officers, personnel or employees of the City, other than via the 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: Elizabeth Nava, Director of Recreation and Community Services 7100 Garfield Avenue
Bell Gardens, CA 90201
(562) 806-7650
Email: [email protected]

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, and the Director of Recreation and Community Services and Recreation Supervisor (or their designee), regarding this RFP until after Agreement Award. Proposers and their representatives are not prohibited, however, from making oral statements or presentations in public to one or more representatives of the City during a public meeting.

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

POINT OF CONTACT AND COMMUNICATION
133Exhibit 2

Bell Gardens Golf Course Landscape and Maintenance Contract Services 21

EVALUATION OF PROPOSALS
Proposals will be evaluated on the Proposer’s ability to provide services that meet the requirements set forth in this RFP. The City reserves the right to make such investigations as it deems necessary to determine the ability of the Proposer to provide services meeting a satisfactory level of performance in accordance with the City’s requirements. The Proposer shall furnish such information and data for this purpose as the City may request, at no cost to the City. The adequacy, depth, and clarity of the Proposal will influence, to a considerable degree, its evaluation.

EVALUATION CRITERIA
134Exhibit 2

Bell Gardens Golf Course Landscape and Maintenance Contract Services 22

CONTRACT SERVICES AGREEMENT
Upon conclusion of the RFP process, the Director of Recreation and Community Services will recommend a proposer to the City Council. The successful Proposer will be required to enter into a Contract Services Agreement with the City for a 3-year contract with the option of two one-year extensions. A copy of the City’s Contract Services Agreement is attached and incorporated as Exhibit “A”. 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.

GENERAL INSTRUCTIONS, TERMS AND CONDITIONS
A. Proposals shall be prepared to simply and economically, provide a straightforward, concise description of the Proposer's ability to meet the requirements of this RFP. Emphasis shall be on the quality, completeness, clarity of content, responsiveness to the requirements, and an understanding of City’s objectives.

B. Proposers shall carefully read the information contained in this RFP and shall submit complete responses to all requirements and questions as directed.

Incomplete proposals may be considered non-responsive and may be rejected in the City’s discretion. The submission of a response to this RFP shall be deemed a representation and certification by the Proposer that has read and understood the RFP, has investigated all aspects of the RFP, and is aware of the applicable facts pertaining to the RFP process, its procedures and requirements. No request for modification of the responses to this request shall be considered after its submission on grounds that the Proposer was not fully informed as to any facts or condition.

C. Following the Proposal Submission Deadline, the City, pursuant to the California Public Records Act (Govt. Code Section 6250 et seq.), reserves the right to make copies of all submitted proposals available for inspection and copying by any interested member of the public, except to the limited extent the City determines that any information contained in a proposal is legally privileged under the California Public Records Act. By submission of a proposal, Proposers acknowledge and agree that their proposal and any information contained therein may be disclosed by the City to interested members of the public, including other proposers. All responses to the RFP received become a matter of public record and shall be regarded as public records, with the exception of those elements in each proposal which are defined by the Proposer as business or trade secrets and plainly marked as “Confidential,” “Trade Secret,” or “Proprietary.” The City shall not in any way be liable or responsible for the disclosure of any such

INSTRUCTIONS, TERMS AND CONDITIONS
135Exhibit 2

Bell Gardens Golf Course Landscape and Maintenance Contract Services 23 proposal or portions thereof, if they are not plainly marked as “Confidential,” “Trade Secret,” or “Proprietary” or if disclosure is required under the Public Records Act. Any proposal which contains language purporting to render all or significant portions of the proposal “Confidential,” “Trade Secret,” or “Proprietary” shall be regarded as non-responsive.

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

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

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

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

H. A proposal may be modified or withdrawn in person at any time before the scheduled due date, provided a receipt for the withdrawn proposal is signed by the Proposer’s authorized representative. The City reserves the right to request proof of authorization to withdraw a proposal.

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

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

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

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

M. If an agreement cannot be reached with the highest ranked Proposer, City reserves the right to terminate negotiations with that party and enter negotiations with the next highest ranked Proposer.
136Exhibit 2

Bell Gardens Golf Course Landscape and Maintenance Contract Services 24 N. Factors such as, but not limited to, any of the following may be considered just cause to disqualify a response to the RFP without further consideration:
• Evidence of collusion, directly or indirectly, among Proposers in regard to the amount, terms, or conditions of this proposal;
• Any attempt to improperly influence any member of the selection staff; • Existence of any lawsuit, unresolved contractual claim or dispute between Proposer and the City;
• Evidence of incorrect information submitted as part of the RFP; • Evidence of Proposer’s inability to successfully complete the responsibilities and obligations of the proposed scope of work; and • Proposer’s default under any agreement, which results in termination of the Agreement.

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

P. The successful Proposer shall not discriminate, in any way, against any person based on race, sex, color, age, religion, sexual orientation, actual or perceived gender identity, disability, ethnicity, or national origin, or any other protected classification in connection with or related to the performance of the Agreement.

Q. Any questions or clarification related to the contents of the RFP must be submitted to Elizabeth Nava, Director of Recreation and Community Services at [email protected] by or before September 13, 2023, by 12:00 p.m. 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.
137Exhibit 2

Bell Gardens Golf Course Landscape and Maintenance Contract Services 25 EXHIBIT “A”

CONTRACT SERVICES AGREEMENT
138Exhibit 2

1 2023

CONTRACT SERVICES AGREEMENT
(Contractor: INSERT NAME)
(Nature of Engagement: INSERT DESCRIPTION OF ENGAGEMENT)

THIS CONTRACT SERVICES AGREEMENT (hereinafter, “Agreement”) is made and entered into this ___________ day of _________________ 202 3 (hereinafter, the “Effective Date”) by and between the CITY OF BELL GARDENS, a municipal corporation (hereinafter, “CITY”) and INSERT CONTRACTOR NAME (hereinafter, “CONTRACTOR”). For the purposes of this Agreement, CITY and CONTRACTOR may be referred to collectively by the capitalized term “Parties.” The capitalized term “Party” may refer to CITY or CONTRACTOR interchangeably.

RECITALS

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

WHEREAS, CITY requires INSERT THE KIND OF SERVICES REQUIRED; and

WHEREAS, CITY staff has determined that CONTRACTOR possess the skills, experience and expertise required to competently provide the services and tasks contemplated under this Agreement; and

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

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

Section 1. Scope of Work.

A. Subject to the terms and conditions of this Agreement, CONTRACTOR agrees to provide CITY INSERT SERVICES REQUIRED. The various tasks and related services to be performed by CONTRACTOR are more specifically described in the CITY’s “INSERT NAME OF CITY RFP” (hereinafter the “CITY RFP”) and the written proposal of CONTRACTOR entitled “INSERT TITLE OF PROPOSAL” (hereinafter, the “CONTRACTOR PROPOSAL”) dated INSERT DATE OF PROPOSAL. The CITY RFP and the CONTRACTOR PROPOSAL are attached and incorporated hereto as Exhibits “A” and “B” respectively. The term “Scope of Work” shall be a collective reference to the CITY RFP and the CONTRACTOR 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 CONTRACTOR 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 139Exhibit 2

2 provisions of this Agreement shall govern and control.

CONTRACTOR warrants that CONTRACTOR has or will investigate any location where the Work is to be performed and is or will be fully acquainted with the conditions there existing, prior to undertaking any service or task requested by CITY in the manner described under Section 3, below. Should the CONTRACTOR discover any latent or unknown conditions which will materially aff ect the performance of the services hereunder, CONTRACTOR shall immediately inform the CITY of such fact and shall not proceed, except at CONTRACTOR’s risk until written instructions are received from the City Representative as defined herein.

Section 2. Term.

A. This Agreement shall have a term of INSERT TERM TIME commencing from the Effective Date through INSERT DATE (hereinafter, the “Term”).

B. Nothing in this Section shall operate to prohibit or otherwise restrict the CITY’s ability to terminate this Agreement at any time for convenience or for cause.

C. CONTRACTOR shall perform the Work continuously and with due diligence.

CONTRACTOR shall cooperate with CITY and in no manner interfere with the Work of CITY, its employees or other consultants, contractors or agents.

D. CONTRACTOR shall not claim or be entitled to receive any compensation or damage because of the failure of CONTRACTOR, or its subcontractors, to have related services or tasks completed in a timely manner.

E. CONTRACTOR shall at all times enforce strict discipline and good order among CONTRACTOR’s employees.
140Exhibit 2

3 F. CONTRACTOR, at its sole expense, shall pay all sales, consumer, use or other similar taxes required by law.

G. CONTRACTOR shall complete the services within the term of this Agreement, and shall meet any other established schedules and deadlines.

Section 3. Prosecution of Work.

1. A detailed description of the specific services or tasks requested;

2. The location of where the particular services or tasks are to be performed, if applicable;

3. A not-to-exceed budget for performing the services or tasks;

4. A timeline for completing the requested services or tasks;

5. Any other information CITY deems necessary and relevant to the requested services or tasks; and

6. The signature of the City Representative, confirming that the services or tasks have been authorized by the City Representative.

B. CONTRACTOR shall perform no Work under this Agreement without a written request from the City Representative, containing the information set forth in Section 3(A), above.

Section 4. Compensation.

A. CONTRACTOR shall perform all the Work in accordance with the rates set forth in the CONTRACTOR PROPOSAL.

B. CONTRACTOR’s total compensation during the Term of this Agreement shall not exceed the annual sum of INSERT WRITTEN AMOUNT ($INSERT NUMBER) (hereinafter, the “Annual Not-to-Exceed Sum”). CONTRACTOR further agrees that the Annual Not-to-Exceed Sum is inclusive of compensation for all labor, 141Exhibit 2

4 materials, tools, supplies, equipment, services, tasks and incidental and customary work necessary to competently perform and timely complete the Work.

CONTRACTOR shall have no right or entitlement to any overage contingency sums authorized by the City Council unless the City Representative authorizes the expenditure of such overage contingency funds in writing in the City Representative’s sole and absolute discretion.

C. The Annual Not-to-Exceed Sum will be paid to CONTRACTOR in monthly increments as the Work is completed. Following the conclusion of each calendar month, CONTRACTOR will submit to CITY an itemized invoice indicating the work performed and the tasks completed during the recently concluded calendar month, including the Work and tasks performed and the reimbursable out -of- pocket expenses incurred. If the amount of CONTRACTOR’s compensation includes hours worked by CONTRACTOR’s personnel, the invoice shall indicate the number of hours worked in connection with the specific service or task requested, the persons responsible for performing the Work, the rate of compensation at which such services and tasks were performed, the subtotal for each task and service performed and a grand total for all services performed.

Within thirty (30) calendar days of receipt of each invoice, CITY shall notify CONTRACTOR in writing of any disputed amounts included in the invoice.

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

Section 5. Standard of Care. CONTRACTOR represents, acknowledges and agrees as follows:

A. CONTRACTOR shall perform all work skillfully, competently and to the highest standards applicable to the CONTRACTOR’s field;

B. CONTRACTOR represents and maintains that it is skilled in the professional calling necessary to perform the Services;

C. CONTRACTOR shall perform all work in a manner reasonably satisfactory to the CITY;

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

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

Section 6. Representatives.

A. City Representative. For the purposes of this Agreement, the contract administrator and CITY’s representative shall be INSERT CITY REPRESENTATIVE (hereinafter, the “City Representative”). It shall be CONTRACTOR’s responsibility to assure that the City Representative is kept informed of the progress of the performance of the services, and CONTRACTOR shall refer any decisions which must be made by CITY to the City Representative.

Unless otherwise specified herein, any approval of CITY required hereunder sh all mean the approval of the City Representative.

B. Contractor Representative. For the purposes of this Agreement, INSERT CONTRACTOR REPRESENTATIVE, is hereby designated as the principal and representative of CONTRACTOR authorized to act on its behalf with respect to 143Exhibit 2

6 CONTRACTOR’s performance under this Agreement and to make all decisions in connection therewith (hereinafter, the “Contractor Representative”). Notice to the Contractor Representative whether written or verbal shall constitute notice to CONTRACTOR. The Contractor’s Representative shall supervise and direct the Services, using their best skill and attention, and shall be responsible for all means, methods, techniques, sequences, and procedures and for the satisfactory coordination of all portions of the Services under this Agreement.

Section 7. Contractor’s Personnel

B. CONTRACTOR shall obtain at its sole cost and expense such licenses, permits, and approvals as may be required by law for the performance of the Work.

C. CONTRACTOR shall be solely responsible for the satisfactory work performance of all personnel engaged in performing the Work.

F. CONTRACTOR shall obtain and maintain during the Agreement term all necessary licenses, permits and certificates required by law for the performance of the Work contemplated under this Agreement.

Section 8. Substitution of Key Personnel. CONTRACTOR has represented to CITY that certain key personnel will perform and coordinate the Services under this Agreement.

Should one or more of such personnel become unavailable, CONTRACTOR may substitute other personnel of at least equal competence upon written approval of CITY. 144Exhibit 2

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

Section 9. Prevailing Wages and General Labor Compliance and Reporting.

2. Pursuant to the provisions of California Labor Code, Sections 1770 et. seq., CONTRACTOR and any subcontractor under CONTRACTOR shall pay not less than the prevailing rate of per diem wages as determined by the Director of the California Department of Industrial Relations. Pursuant to the provisions of California Labor Code Section 1773.2, CONTRACTOR is hereby advised that copies of the prevailing rate of per diem wages and a general prevailing rate for holidays, Saturdays and Sundays and overtime work in t he locality in which the work is to be performed for each craft, classification, or type of worker required to execute the Contract, are on file at the Public Works Yard, which copies shall be made available to any interested party on request.

CONTRACTOR shall post a copy of said prevailing rate of per diem wages at each job site.

B. As required by Section 1773.1 of the California Labor Code, CONTRACTOR shall pay travel and subsistence payments to each worker needed to execute the Work, as such travel and subsistence payments are defined in the applicable collective bargaining agreements filed in accordance with this Section.

8 involved. Such agreements shall be filed within ten (10) days after their execution and thereafter shall establish such travel and payments.

D. CONTRACTOR shall comply with the provisions of Section 1775 of the California Labor Code and shall, as a penalty to CITY, forfeit up to fifty dollars ($50) for each calendar day, or portion thereof, for each worker paid less than the prevailing rate of per diem wages for each craft, classification, or type of worker needed to execute the contract. CONTRACTOR shall pay each worker an amount equal to the difference between the prevailing wage rates and the amount paid worker for each calendar day or portion thereof for which a worker was paid less than the prevailing wage rate. CONTRACTOR is required to pay all applicable penalties and back wages in the event of violation of prevailing wage law, and CONTRACTOR and any subcontractor shall fully comply with Ca lifornia Labor Code Section 1775, which is incorporated by this reference as though fully set forth herein.

E. CONTRACTOR and any subcontractor shall maintain and make available for inspection payroll records as required by Labor Code Section 1776, which is incorporated by this reference as though fully set forth herein. CONTRACTOR is responsible for ensuring compliance with Labor Code Section 1776 and shall keep accurate payroll records containing all such information as maybe called for under Labor Code Section 1776 and other applicable provisions of State law.

F. CONTRACTOR and any subcontractors shall, when they employ any person in any apprenticeable craft or trade, apply to the joint apprenticeship committee administering the apprenticeship standards of the craft or trade in the area of the work site for a certificate approving CONTRACTOR or subcontractor under the apprenticeship standards for the employment and training of apprentices in the area or industry affected; and shall comply with all other requirements of Section 1777.5 of the California Labor Code, wh ich is incorporated by this reference as though fully set forth herein. The responsibility of compliance with California Labor Code Section 1777.5 during the performance of this contract rests with CONTRACTOR. Pursuant to California Labor Code Section 1777.7, in the event CONTRACTOR knowingly fails to comply with the provisions of California Labor Code Section 1777.5, civil penalties will be assessed. CONTRACTOR shall also be subject to California Labor Code Section 1777.1.

G. In accordance with the provisions of Article 5, Chapter 1, Part 7, Division 2 (commencing with Section 1860), and Chapter 4, Part 1, Division 4 (commencing with Section 3700) of the California Labor Code, CONTRACTOR is required to secure the payment of compensation to its employees and for that purpose obtain and keep in effect adequate Workers' Compensation Insurance and Employers Liability Insurance. If CONTRACTOR, in the sole discretion of the CITY satisfies the CITY of the responsibility and capacity under the applicable Workers' Compensation Laws, if any, to act as self-insurer, CONTRACTOR may so act, and in such case, the insurance required by this paragraph need not be provided.

9 Liability limits of $1,000,000 per accident before commencing the performance of the Work of this Contract. The Notice to Proceed with the Work under this Contract will not be issued, and CONTRACTOR shall not commence the Work, until CONTRACTOR submits written evidence that it has obtained full Workers' Compensation Insurance coverage for all persons whom it employs or may employ in carrying out the Work under this Contract. This insurance shall be in accordance with the requirements of the most current an d applicable state Workers' Compensation Insurance Laws. In accordance with the provisions of Section 1861 of the California Labor Code, CONTRACTOR in signing this Contract certifies to the CITY as true the following statement: "I am aware of the provisions of Section 3700 of the Labor Code which require every employer to be insured against liability for Workers' Compensation or to undertake self-insurance in accordance with the provisions of that Code, and I will comply with such provisions before commencing the performance of the Work of this contract." A subcontractor is not allowed to commence the Work on the project until verification of Workers’ Compensation Insurance coverage has been obtained and verified by CONTRACTOR and submitted to the Public Work’s Director for the CITY’s review and records.

Section 10. Prohibited Interests. CONTRACTOR warrants, represents and maintains that it has not employed nor retained any company or person, other than a bona fide employee working solely for CONTRACTOR, to solicit or secure this Agreement. Further, CONTRACTOR warrants and represents that it has not paid nor has it agreed to pay any company or person, other than a bona fide employee working solely for CONTRACTOR, any fee, commission, percentage, brokerage fee, gift or other consideration contingent upon or resulting from the award or making of this Agreement. For breach or violation of this warranty, CITY shall have the absolute and unfettered right to rescind this Agreement without liability or penalty. For the term of this Agreement, no member, officer or employee of CITY, during the term of his or her service with CITY, shall have any direct interest in this Agreement, or obtain any present or anticipated material benefit arising therefrom.

Section 11. Independent Contractor.

10 CONTRACTOR. It is understood by both CONTRACTOR and CITY that this Agreement shall not, under any circumstances, be construed or considered to create an employer-employee relationship or a joint venture.

CONTRACTOR has control over the manner and means of performing the services under this Agreement. CONTRACTOR is permitted to pr ovide services to others during the same period as it provides services to CITY under this Agreement. If necessary, CONTRACTOR has the responsibility for employing other persons or firms to assist CONTRACTOR in fulfilling the terms and obligations under this Agreement.

Section 12. Conflicts of Interest. CONTRACTOR hereby warrants for itself, its employees, and subcontractors that those persons presently have no interest and shall not obtain any interest, direct or indirect, which would conflict in any manner with the performance of the services contemplated by this Agreement. No person having such conflicting interest shall be employed by or associated with CONTRACTOR in connection with this project. CONTRACTOR hereby warrants for itself, its employees, and subcontractors that no such person shall engage in any conduct which would constitute a conflict of interest under any CITY ordinance, state law or federal statute.

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

148Exhibit 2

11 Section 13. Non-Discrimination. During the performance of this Agreement, CONTRACTOR and its subcontractors shall not unlawfully discriminate against any employee or applicant for employment because of race, religio us creed, color, national origin, ancestry, physical disability, mental disability, medical condition, genetic information, marital status, sex, gender, gender identity, gender expression, age, sexual orientation, reproductive health decision making or military and veteran status.

CONTRACTOR and subcontractors shall ensure that the evaluation and treatment of their employees and applicants for employment are free of such discrimination.

CONTRACTOR and subcontractors shall comply with the provisions of the Fair Employment and Housing Act (Gov. Code, Section 12900 et seq.). The applicable regulations of the Fair Employment and Housing Act, set forth in Part 2.8, Division 3, of Title 2 of the Government Code are incorporated into this Contract by reference and made a part hereof as if set forth in full. CONTRACTOR and its subcontractors shall give written notice of their obligations under this clause to labor organizations with which they have a collective bargaining or other agreement. This CONTRACTOR shall include the nondiscrimination and compliance provisions of this clause in all subcontracts to perform the Work under this Agreement.

Section. 14. Indemnification.

A. To the fullest extent permitted by law, CONTRACTOR hereby agrees, at its sole cost and expense, to defend, protect, indemnify, and hold harmless CITY and CITY’s elected and appointed officials, officers, attorneys, agents, employees, volunteers, successors, and assigns (collectively "Indemnitees") from and against any and all damages, costs, expenses, liabilities, claims, demands, causes of action, proceedings, expenses, judgments, penalties, liens, and losses of any nature whatsoever, including fees of accountants, attorneys, or other professionals and all costs associated therewith (collectively "Liabilities"), arising or claimed to arise, directly or indirectly, out of, in connection with, resulting from, or related to any act, failure to act, error, or omission of CONTRACTOR or any of CONTRACTOR’s officers, agents, servants, employees, subcontractors, materialmen, suppliers or their officers, agents, servants or employees, arising or claimed to arise, directly or indirectly, out of, in connection with, resulting from, or related to this Agreement and the performance or failure to perform any term, provision, covenant, or condition of the Agreement, including this indemnity provision. This indemnity provision is effective regardless of any prior, concurrent, or subsequent active or passive negligence by CONTRACTOR and shall operate to fully indemnify Indemnitees against any such negligence. This indemnity provision shall survive the termination of the Agreement and is in ad dition to any other rights or remedies which Indemnitees may have under the law or elsewhere under this Agreement. Payment is not required as a condition precedent to an Indemnitee's right to recover under this indemnity provision, and an entry of judgment against any one or more of the Indemnitees shall be conclusive in favor of the Indemnitees’ right to recover under this indemnity provision.

12 Code § 2782(b). This indemnity is effective without reference to the existence or applicability of any insurance coverage(s) which may have been required under the Agreement or any additional insured endorsements which may extend to Indemnitees. Accountants, attorneys, or other professionals employed by Indemnitor to defend Indemnitees shall be selected by Indemnitees.

CONTRACTOR, on behalf of itself and all parties claiming under or through it, hereby waives all rights of subrogation and contribution agai nst the Indemnitees, while acting within the scope of their duties, from all claims, losses and liabilities arising out of or incident to activities or operations performed by or on behalf of the Indemnitor regardless of any prior, concurrent, or subsequen t active or passive negligence by the Indemnitees.

B. CONTRACTOR’s obligations under this or any other provision of this Agreement will not be limited by the provisions of any workers compensation act or similar act.

CONTRACTOR expressly waives its statutory immunity under such statutes or laws as to the Indemnities.

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

E. CONTRACTOR shall fully comply with the workers’ compensation laws regarding CONTRACTOR and CONTRACTOR’s employees. CONTRACTOR further agrees to indemnify and hold CITY harmless from any failure of CONTRACTOR to comply with applicable workers’ compensation laws. CITY shall have the right to offset against the amount of any fees due to CONTRACTOR under this Agreement any amount due to CITY from CONTRACTOR as a result of CONTRACTOR’s failure to promptly pay to CITY any reimbursement or indemnification arising under this Section.

150Exhibit 2

13 Section 15. Insurance.

A. CONTRACTOR shall at all times during the term of this Agreement carry, maintain, and keep in full force and effect, insurance as follows:

1. Commercial General Liability Insurance with minimum limits of One Million Dollars ($1,000,000) for each occurrence and in the aggregate for any personal injury, death, loss or damage.

3. Worker’s Compensation insurance as required by the State of California.

B. CONTRACTOR shall require each of its sub-consultants or sub-contractors to maintain insurance coverage that meets all of the requirements of this Agreement.

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

G. The general liability and automobile policies of insurance shall contain an endorsement naming CITY, its elected officials, officers, agents, employees, attorneys, servants, volunteers, successors and assigns as additional insureds.

All of the policies shall contain an endorsement providing that the policies cannot be canceled or reduced except on thirty (30) days’ prior written notice to CITY.

H. All policies of Commercial General Liability and Automobile Liability insurance shall 151Exhibit 2

14 be primary and any other insurance, deductible, or self-insurance maintained by the CITY, its officials, officers, employees, agents, or volunteers shall not contribute with this primary insurance. Policies shall contain or be endorsed to contain such provisions.

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

The Contract Officer shall have full and free access to such books and records at all times during normal business hours of CITY, including the right to inspect, copy, audit, and make records and transcripts from such records. Such records shall be maintained for a period of four (4) years following completion of the services hereunder, and the CITY shall have access to such records in the event any audit is required.

Section 17. Termination.

A. Termination for Convenience. CITY may immediately terminate this Agreement for convenience, without cause and without penalty or liability at any time upon the 152Exhibit 2

15 issuance of written notice to CONTRACTOR specifying the effective date of such termination. Such termination for convenience shall be made in writing signed by either the City Representative, the City Manager or the Assistant City Manager.

CONTRACTOR may only terminate this Agreement for cause.

1. CONTRACTOR shall cure the following Event of Default within the following time periods:

Prior to the expiration of the 3-day cure period, CONTRACTOR may submit a written request for additional time to cure the Event of Default upon a showing that CONTRACTOR has commenced efforts to cure the Event of Default and that the Event of Default cannot be reasonably cured within the 3-day cure period. The foregoing notwithstanding, CITY shall be under no obligation to grant additional time for the cure of an Event of Default under this subsection that exceeds seven (7) calendar days from the end of the initial 3-day cure period; or

ii. Within thirty (30) calendar days of CITY’s issuance of a Default Notice for any other Event of Default under this Agreement. Prior to the 153Exhibit 2

16 expiration of the 30-day cure period, CONTRACTOR may submit a written request for additional time to cure the Event of Default upon a showing that CONTRACTOR has commenced efforts to cure the Event of Default and that the Event of Default cannot be reasonably cured within the 30-day cure period. The foregoing notwithstanding, CITY shall be under no obligation to grant additional time for the cure of an Event of Default under this subsection that exceeds thirty (30) calendar days from the end of the initial 30-day cure period.

Upon such suspension, CONTRACTOR shall be compensated only for those services and tasks which have been rendered by CONTRACTOR to the reasonable satisfaction of CITY up to the effective date of the suspension. No actual or asserted breach of this Agreement on the part of CITY s hall operate to prohibit or otherwise restrict CITY’s ability to suspend this Agreement as provided herein.

5. The duties and obligations imposed under this Agreement and the rights and 154Exhibit 2

17 remedies available hereunder shall be in addition to and not a limitation of any duties, obligations, rights and remedies otherwise imposed or available by law.

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

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

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

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

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

Section 18. Force Majeure. The Completion Date shall be extended in the event of any delays due to unforeseeable causes beyond the control of CONTRACTOR and without the fault or negligence of CONTRACTOR, including but not limited to severe weather, fires, earthquakes, floods, epidem ics, quarantine restrictions, riots, strikes, freight embargoes, wars, litigation, and/or acts of any governmental agency, including the CITY, if the CONTRACTOR shall within three (3) calendar days of the commencement of such delay notify the City Representative in writing of the causes of the delay. The City Representative shall ascertain the facts and the extent of delay, and extend the time for performing the services for the period of the enforced delay when and if in the judgment of the City Representative such delay is justified. The City Representative’s determination shall be final and conclusive upon the parties to this Agreement. In no event shall CONTRACTOR be entitled to recover damages against the CITY for any delay in the 155Exhibit 2

18 performance of this Agreement, however caused, CONTRACTOR’S sole remedy being extension of the Agreement pursuant to this Section.

If to CITY: If to CONTRACTOR:

City of Bell Gardens
7100 S. Garfield Avenue
Bell Gardens, CA 90201
Attn: INSERT DEPARTMENT
Phone: 562-806-7700

INSERT CONTRACTOR NAME

INSERT ADDRESS

Attn: INSERT PERSON OF

CONTACT NAME
Phone: INSERT PHONE
NUMBER

Any modification of this Agreement will be effective only if it is in writing and executed by both CITY and CONTRACTOR.

Section 23. Governing Law; Jurisdiction. This Agreement shall be interpreted and governed according to the laws of the State of California. In the event of litigation between the Parties, venue, without exception, shall be in the Los Angeles County Superior Court of the State of California. If, and only if, applicable law requires that all or part of any such litigation be tried exclusively in federal court, venue, without exception, shall be in the Central District of California located in the City of Los Angeles, California.

Section 24. Severability. Wherever possible, each provision of this Agreement shall 156Exhibit 2

19 be interpreted in such a manner as to be valid under applicable law. If any provision of this Agreement is determined by a court of competent jurisdiction to be invalid, void or unenforceable, the remaining provisions shall nevertheless continue in full force and effect.

[SIGNATURES ON FOLLOWING PAGE]
157Exhibit 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, a municipal
corporation

By:

Michael B. O’Kelly
City Manager

Date:

CONTRACTOR NAME

By: ______________________________

Name:____________________________

Title:_____________________________

Date:

APPROVED AS TO FORM:

By:_____________________________
Stephanie Vasquez
City Attorney

Date:

158Exhibit 2

21 EXHIBIT “A”

CITY RFP

159Exhibit 2

22 EXHIBIT “B”

CONTRACTOR PROPOSAL

160Exhibit 2

22 EXHIBIT “B”

CONTRACTOR PROPOSAL

161Exhibit 2

Golf Course Maintenance Proposal
presented to
The City of Bell Gardens
September 15, 2023
Golf Maintenance
162Exhibit 2

163Exhibit 2

3 Table of Contents
Section 1 5
Section 2 7
Section 3 13
Section 4 17
Section 5 21
Section 6 23
Section 7 24
Transmittal Letter
Management and Staffing
Organizations’ General Information
Maintenance Plan Client
References
Proposal Price Sheet
Other Requirements Upon Selection
Golf Maintenance
164Exhibit 2

BrightView Golf Maintenance Proposal September 15, 20234 165Exhibit 2

September 15th, 2023

Elizabeth Nava, Director
City of Bell Gardens
Recreation and Community Services Department
8000 Park Lane, Bell Gardens, CA 90201

RE: Proposal for Work Qualifications – The Bell Gardens Golf Course

Dear Ms. Nava,

Please find this letter of Transmittal for the Golf Course Maintenance Proposal from:

BrightView Golf Maintenance, INC. as managing partner of BVGM, BVLD, BVLS Joint Venture 27001 Agoura Road, Suite 350
Calabasas, CA 91301

BrightView Golf Maintenance is pleased to submit this Proposal for Work Qualifications to continue as the golf course maintenance provider for the Bell Gardens Golf Course. We have read the RFP and herein express our full understanding of the scope of services required and respectfully submit attached information that illustrates our ability to do so.

We are very thankful to be your partner in the Bell Gardens community as your golf course maintenance provider at the Bell Gardens Golf Course. It is a relationship we greatly value and hope to continue for many years.

BVGM is uniquely positioned to due to the size and experience of our company to provide you with the best possible solution for your well-used golf course in the following ways:
• We have developed detailed Maintenance Plan based on the Performance Guidelines detailed in Exhibit A
• We have assembled a very experienced team to ensure that we meet and exceed the higher standards you have laid out.
• The ability to leverage our significant buying power for materials and supplies. • The ability to comply with current California Labor Codes including Federal Labor Standards, Federal Prevailing Wage Decision and State of California Prevailing Wage rates.

We hope that the selection committee determines our proposal to be in the best interest of The Bell Gardens Golf Course and results in an award to continue our long-time relationship with the community.

Thank you for your past support and for the opportunity to participate in this proposal process. We stand ready to answer any questions you may have regarding our submittal.

Sincerely,

Adam Kloster, CGCS
Area Director, West
BrightView Golf Maintenance

166Exhibit 2

BrightView Golf Maintenance Proposal September 15, 20236 167Exhibit 2

7 Golf Maintenance

2. Management and Staffing
Management
and Staffing2
Fulfilling
our Promise
At the end of the day,
our primary goal is to
ensure you are a highly
satisfied customer, and we
know that the quality of
course conditions is the
primary factor that drives
satisfaction.

Bell Gardens Organizational Chart
$16.90 to $25/hr
$16.90 to $25/hr
168Exhibit 2

BrightView Golf Maintenance Proposal September 15, 20238 Key Personnel Resumes
The following resumes are included for your review. These and the organizational charts presented were developed for your club to provide additional insight regarding how we will bring both on-site and off-site resources to bear for your project. The fact that BrightView has considerable corporate expertise available to the City of Bell Gardens, offers more power for each dollar you spend.
•
• Simon Dominguez, Assistant Superintendent
•B. Todd Bunnell, PhD, Vice President of Agronomy

2. Management and Staffing
Adam Kloster, CGCS, Area Director
169Exhibit 2

2. Management and Staffing
Adam Kloster, CGCS
Area Director, West
As Area director, West, Adam is responsible for personnel development, quality control and customer relationships at BrightView’s properties in the West. He works closely with the on-site Golf Course Superintendents to ensure course standards and operations are maintained and managed consistently according to the BrightView culture and core values. Adam is a seasoned BrightView team member and well acquainted with BrightView’s operating and administrative systems.

Professional Experience
In 2008, Adam joined the BrightView Golf Maintenance team as a Golf Course Superintendent at Primm Valley Resort in Las Vegas, Nevada, and served as Superintendent at Industry Hills Golf Club at Pacific Palms Resort from 2009 to 2014. Adam was promoted to Area Director, West in January 2015.

Additional Professional Experience
•Primm Valley Golf Club, Golf Course Superintendent, 1999–2009 Education
BS, Turfgrass Management
Iowa State University
Professional
Associations &
Awards
BrightView Superintendent
of the Year, 2011
Golf Course Superintendents
Association of America,
Member
Southern California Golf
Course Superintendent
Association, Member
9170Exhibit 2

BrightView �
Golf Maintenance
i
BrightView Golf Maintenance Proposal September 15th 2023 Simon Dominguez
Assistant Superintendent, Industry Hills Golf Club
Simon will be the lead supervisor supporting our team at your course. As such, he will be available as needed to support the hourly staff, and will be directly involved in the diagnoses and treatment strategy for any emerging turf or irrigation issues. He will visit the course weekly to oversee implementation and conduct all training and safety for employees. He will also work with the Area Director and our team to develop the annual agronomic program each year.

Professional Experience
•Assistant Superintendent Industry Hills Golf Club
2018 to Present
•Assistant Superintendent Santa Barbara Golf Club
July 2016 - 2018

2. Management and Staffing
Education
American Golf Assistant
Superintendent Development
Program
Associations &
Awards
Golf Course Superintendent
Association, Member
Southern California Golf
Course Superintendent
Association, Member
10 171Exhibit 2

112. Management and Staffing
B. Todd Bunnell, Ph.D.

Vice President, Agronomy
Dr. Bunnell will be the lead agronomist supporting our team at your course.

As such, he will be available as needed to support the Superintendent and will be directly involved in the diagnoses and treatment strategy for any emerging turf issues. He will visit the course quarterly to oversee implementation and the fine-tuning of our programs. He will also work with the Superintendent and our team to develop the annual agronomic program each year. Dr. Bunnell developed the agronomic program contained in our proposal.

Professional Experience
As Vice President of Agronomy for BrightView Golf Maintenance, Dr. Bunnell works closely with Superintendents to develop sound and efficient agronomic programs. Specific agronomic programs are developed independently for each property based on science, diagnostic results and client expectations.

He also works with fertilizer and chemical manufacturers to ensure the newest and most effective inputs are applied at our customers’ properties. Prior to joining BrightView, Dr. Bunnell was employed by SePRO Corporation as the Manager of Turf and Ornamental Research/Golf Market Manager (2004– 11). His responsibilities included research, development, and regulatory compliance of SePRO branded turf and ornamental products including plant growth regulators, insecticides, herbicides and fungicides. His tasks also included developmental efforts towards new chemistries and uses in the turf and ornamental market.

Additional Professional Experience
•Clemson University, Clemson, SC, Graduate Research Assistant, (M.S., Ph.D.) 1997–2003. Research projects included determining optimum light quantity for dwarf and fairway bermudagrasses, investigating soil atmosphere effects on bentgrass in the southern transition zone, conducting herbicide evaluation trials, construction and maintenance of USGA-specified bentgrass and bermudagrass greens. He also taught multiple undergraduate level courses/labs in horticulture, soil science, and turfgrass science.
•Clemson University, Walker Course, Clemson, SC, Graduate Assistant, 1999– 2003. Duties included daily golf course preparation and operations and discussing various agronomic options available for optimum turfgrass growth and development with golf course superintendent and staff. •1996 PGA Championship at the Valhalla Golf Club, Louisville, KY, Undergraduate Internship. Duties included major tournament preparation: mowing greens and fairways, assisted in all aspects of golf course management such as spraying, fertilization, irrigation, sodding, ornamental bed installation and maintenance, tree care, and supervised management of entrance drive and delegated duties to crew workers.

Education
Phd, Plant Physiology,
Turfgrass
Clemson University, SC
MS, Horticulture, Turfgrass
Clemson University, SC
BS, Plant and Soil Science,
Turfgrass
University of Kentucky
Professional
Associations &
Awards
Golf Course Superintendents
Association, Member
United States Golf
Association, Member
Wade Stackhouse Graduate
Student Fellowship, Clemson
University, 2002–03
Schilletter Fellowship,
Outstanding Graduate
Student Researcher, Clemson
University, 2001
Golf Course Superintendents
Association, Watson Fellow,
2001
172Exhibit 2

BrightView Golf Maintenance Proposal September 15, 202312 173Exhibit 2

13 Golf Maintenance

3. Organizations’ General Information
3 O r g a n i z a t i o n s ’
General
Information
About BrightView
In 2014, The Brickman Group and ValleyCrest Landscape Companies combined to form BrightView, a $2 billion enterprise with more than 22,000 employees across the United States with two recognized headquarters, one on the west coast, in Calabasas, CA and one on the east coast in Plymouth Meeting, PA. As the next-generation landscape services enterprise, we serve a wide range of clients in diverse industries nationwide, with comprehensive capabilities that see them through the life-cycle of their landscapes that includes Design, Development, Maintenance and Enhancement
While the BrightView name speaks to the brighter views and optimism we offer our clients and our people, it also is a nod to our heritage, and those who contributed to Brickman and ValleyCrest’s combined 140 years of success. By carrying the “B” from Brickman and the “V” from ValleyCrest forward in our name, we acknowledge our legacy brands and our history as a dependable, adaptable, and proactive partner to our clients.

Our team specializes in golf course maintenance, but by being backed by an academy landscape company, our clients get the pass-along benefit of support and resources we have access to in purchasing, technology, human resources, safety and finance. We also leverage the streamlined administration systems BrightView has developed over the years. This allows us to bring greater efficiency and a breadth and depth of resources to the courses we maintain and frees up on- site superintendents to spend less time on paperwork and more time on the course.
.

Michael
Anaheim Hills/
Dad Miller Golf Course, CA
174Exhibit 2

BrightView Golf Maintenance Proposal September 15, 202314 Take Care, Take Pride
At BrightView, the phrase “Take Care, Take Pride” is at the core of all we do. This phrase signifies our unwavering commitment to our people, our environments, and the communities we serve. This pledge begins with empowering our teams to make a difference.

People
Our goal is for each employee to feel as passionately about our company as we do about them. We want them to trust that we will work hard to enrich and nourish their lives. For that reason, we provide competitive wages and benefits for all BrightView employees; a safe, open work environment; and numerous development opportunities (field and management) so that employees will continue to grow their careers with us. Being part of the BrightView team means being highly valued. From safety measures to programs designed to build skills and advance careers, we do everything we can to protect, promote, and nurture our team members. Encouraging growth, rewarding success, and creating a learning culture where everyone can be his or her best is simply the BrightView way.

Environment
Taking care of the environment goes beyond creating beautiful landscapes.

We are advocates for environmentally friendly horticultural best practices.

As an established leader in the landscape industry, it is our duty and responsibility to apply unmatched expertise and resources to the process of finding real-world solutions that encourage water conservation, minimize green waste, and protect natural habitats. These endeavors inextricably link BrightView to the ongoing process of creating a more sustainable planet.

Our world is everyone’s world. Our job is to help protect and preserve it.

Community
We strengthen and better our communities by leveraging the skills of our most important resource — our employees.

The places we work are part of the communities in which we live, play, and thrive. That’s why it’s so important to us to give back. We encourage and support employee volunteerism by providing meaningful opportunities and nurturing a culture of dedication and service. We recognize and honor our outstanding volunteers. Our employees know they work for a caring, responsible company and that they are part of a larger social effort to make a meaningful difference in their own communities, and beyond.

Golf Maintenance
“Our capabilities and
footprint only matter
if our clients are highly
satisfied. BrightView
represents a complete
commitment to
excellence in how we
treat our clients and
our people, and in the
landscapes we create.”
– Andrew Masterman,
BrightView CEO

3. Organizations’ General Information175Exhibit 2

OUR COURSES

PRIVATE
Course Location Holes

MUNICIPAL
Course Location Holes
Antelope Valley Country Club Palmdale, CA 18 Amsterdam Municipal Golf Course Amsterdam, NY 18 Calabasas Country Club Calabasas, CA 18 Bell Gardens Golf Course Bell Gardens, CA 9 Dudley Hill Golf Club Dudley, MA 9 Creekside Golf Course Modesto, CA 18 Five Oaks Golf and Country Club Lebanon, TN 18 Daytona Beach Golf Course Daytona Beach, FL 36 Glendora Country Club Glendora, CA 18 Diablo Creek Course Concord, CA 18 Greensburg Country Club Greensburg, PA 18 Diamond Oaks Golf Course Roseville, CA 18 Madera Golf and Country Club Madera, CA 18 Dryden Park Golf Course Modesto, CA 18 Merced Golf & Country Club Merced, CA 18 Fairmount Golf Course Riverside, CA 9 Mount Tabor Country Club Tabor, NJ 9 Fairwinds Golf Course Fort Pierce, FL 18 Naples Hotel and Beach Club North Naples, FL 18 Green Hill Municipal Golf Course Worcester, MA 18 Oak Harbor Golf Club Vero Beach, FL 9 Ironwood Golf Course Gainesville, FL 18 Packanack Golf Club Wayne, NJ 9 John Prince Learning Center Lake Worth FL N/A Plantation Golf Club Leesburg, FL 18 Lake Isle Country Club Eastchester, NY 18 Snowmass Club Snowmass Village, CO 18 Lake Worth Golf Course Lake Worth, FL 18 The Golf Club at Cuscowilla Eatonton, GA 18 Lakes of Taylor Golf Club Taylor, MI 18 The Tesoro Club Port St. Lucie, FL 18 Longshore Golf Club Westport, CT 18 Youghiogheny Country Club McKeesport, PA 18 Modesto Municipal Golf Course Modesto, CA 9 Yuma Golf and Country Club Yuma, AZ 18 North Palm Beach Country Club North Palm Beach, FL 18 Okeeheelee Golf Course West Palm Beach, FL 27
PROPERTY OWNERS ASSOCIATION Osprey Point Golf Course Boca Raton, FL 27 Course Location Holes Park Ridge Golf Course Lake Worth, FL 18 Auburn Lake Trails Golf Course Cool, CA 9 Quail Valley Golf Course Missouri City, TX 36 Bethany Bay Golf Club Ocean View, DE 9 Sailfish Sands Golf Course (Martin Co) Stuart, FL 18 Canyon Lake Country Club Canyon Lake, CA 18 Taylor Meadow Golf Club Taylor, MI 18 Four Seasons Golf Course Lakewood, NJ 9 The Villages – Chatham Courses The Villages, FL 36 Highland Fairway Golf Course Lakeland, FL 18 The Villages – Fairwinds The Villages, FL 18 Lake of the Pines Auburn, CA 18 The Villages – Kingfisher The Villages, FL 27 Lions Head Country Club Brick, NJ 9 William F. Larkin Municipal Golf Course Ocean, NJ 9 On Top of the World Clearwater, FL 18 Woodcreek Golf Club Roseville, VA 18 Palacio Del Mar San Diego, CA 9
Southport Golf Course Mashpee, MA 9

DAILY FEE
Course Location Holes
RESORT
Course Location Holes
Azusa Greens Country Club Azusa, CA 9 Biltmore Hotel Golf Course Coral Gables. FL 18 Angeles National Golf Club Sunland, CA 18 Fox River Resort Sheridan, IL 9 Black Oak Golf Course Auburn, CA 9 Industry Hills Golf Club at Pacific Palms Resort Industry Hills, CA 36 Cascata Golf Course Boulder City, NV 18 Omni Orlando Resort at ChampionsGate Golf Davenport, FL 54 Eagle Glen Golf Club Corona, CA 18 Resort at Squaw Creek Olympic Valley, CA 18 Palm Beach National Golf & Country Club Lake Worth, FL 18 Terranea Resort Rancho Palos Verdes, CA 9 Rio Secco Golf Club Henderson, NV 18
The Hamptons Golf & Country Club Auburndale, FL 18
15 BrightView Golf Maintenance Proposal September 15, 2023 176Exhibit 2

BrightView Golf Maintenance Proposal September 15, 202316 177Exhibit 2

4. Maintenance Plan
Golf Maintenance
Maintenance
Plan4
Exhibit A
Maintenance Plan for
City of Bell Gardens
The following agronomic plan, prepared by Dr. Todd Bunnell, PhD, Vice President of Agronomy, and Adam Kloster CGCS, Area Director, West, is designed to retain the course quality you and your guests expect. In looking at the below Agronomic Plan, each area of the course, starting with the greens, illustrates the frequencies and specifications as outlined in your proposal along with key recommendations for applications, method, and process of practices that BrightView believes are necessary for the long-term health, sustainability and continuous improvement of your course.
17178Exhibit 2

BrightView Golf Maintenance Proposal September 15, 202318 4. Maintenance Plan

TRANS TRANS

ACTIVITIES APR MAY JUN JUL AUG SEP OCT NOV DEC JAN FEB MAR Mow (freq per week)4 4 4 4 4 4 4 4 4 4 4 4
Top Dress 1 1 1 1
Topdressing (heavy)1 1
Aerification 1 1
Interseeding (bentgrass)1 1
Dry/Liquid Fertility Applications 1 1 1 1
Control Products (as needed)1 1 1 1 1 1 1 1 1 1 1 1
Cleaning/Blowing (freq per week)7 7 7 7 7 7 7 7 7 7 7 7 Edging (freq per week)1 1 1 1 1 1 1 1 1 1 1 1
Mow (freq per week)2 2 2 2 2 2 2 2 2 2 2 2
Aerification 1
Verticutting 1
Dry / Liquid Fertility Applications 1 1 1 1
Control Products (spot application)1 1 1 1 1 1 1 1 1 1 1 1 Mow (freq per week)1.5 1.5 1.5 1.5 1.5 1.5 1.5 1.5 1.5 1.5 1.5 1.5 Dry Fertilization 1 1
Control Products (spot application)1 1 1 1 1 1 1 1 1 1 1 1 Cups Changed (freq per week)4 4 4 4 4 4 4 4 4 4 4 4
Ball Washer Service (freq per week)1 1 1 1 1 1 1 1 1 1 1 1 Towel & BW Water Change (freq per week)1 1 1 1 1 1 1 1 1 1 1 1 Raking (freq per week)7 7 7 7 7 7 7 7 7 7 7 7
Sand Depth Check 1
Edge & Bank Detail 1 1 1 1 1 1 1 1 1 1 1 1
Fence line trimming (freq per week)1 1 1 1 1 1 1 1 1 1 1 1 Shrub trimming 1 1 1 1 1 1 1 1 1 1 1 1
Planter care 1 1 1 1 1 1 1 1 1 1 1 1
Valves and Sprinkler edging 1 1 1 1 1 1 1 1 1 1 1 1
Tree Well Detail 1 1 1 1 1 1 1 1 1 1 1 1
Parking Lot Debris and trash 7 7 7 7 7 7 7 7 7 7 7 7
Other

SUMMER WINTER
Greens Maintenance
Tee complex
Fairways, Collars and Approaches
Roughs and Surrounds
Setup
Bunkers
Bell Gardens Operations Calendar
179Exhibit 2

BrightView Golf Maintenance Proposal September 15, 202319 4. Maintenance Plan Task Frequency Method & Specifications BrightView Notes Mowing • Mow 4x/week • Walk mow greens practicing alternating mowing patterns • Height of cut = .115” to .125” based on season
• All golfers interviewed by BrightView place greens as good or better and highest valued item for golf operations.
• Green consistency highest maintenance priority for BrightView Topdressing • 2x/year – Heavy • Heavy sand topdressing in conjunction with core aerifications • Sand topdressing will be brushed or watered into green surface as applicable.
• BrightView scientifically matches sand topdressing material to existing greens soil to ensure long-term consistency and performance of soil structure and porosity.

Set-up (Hole Locations)• 4x per week • Hole location changed in accordance with USGA recommendations. • Cups, flags and poles uniform and approved by Course
Golf Course Accessories
provided by City.

Aeration • 2x/year – Core aerifications • Tine size sufficient to remove prescribed 20% of the total putting surface annually.
• Vice President of Agronomy works with Superintendent and Area Director to determine tine size and timing of activity.

Fertilization • Bi-Monthly • Fertilizer type and rates will be determined from the results of annual soil nutrient level testing and growing conditions at the time of treatment. • Our year-round program is based on plant and soil chemistry. • Rates are subject to change based on more current soil testing. • Nitrogen program designed to provide adequate growth, color and traffic tolerance without promotion of excessive growth and thatch development.

Weed Control • Seasonal
• As needed
• Greens will be maintained to achieve a weed-free surface • Pre-emergence and post-emergence herbicides will be considered, if needed, based on weed pressure.

Insect and Pest Control • Seasonal
• As needed
• IPM (Integrated Pest Management) program will govern rates and timing of applications.
• All applicable regulations shall be strictly adhered to and enforced. • All required regulatory reporting will be the responsibility of BrightView. • We regularly monitor insect, nematode and disease thresholds BrightView Annual
Diagnostic Program
• Comprehensive soil nutrient, plant tissue, water
quality, and putting green physical analyses
will be performed yearly to build a
prescription-based agronomic plan
• Soil nutrient samples 1x/year
• Plant tissue analysis 1x/year
• Water quality samples 1x/year
• Putting green physical analysis 1x/year
• Nematode assays as needed
• Disease/insect identification as needed
• Results will be compiled by Superintendent and reviewed collectively with Area Director and Vice President of Agronomy to continue to build and fine-tune the agronomic plan.

Task Frequency Method & Specifications BrightView Notes Set Up • Daily tee mat cleaning
• Daily trash removal
• Backpack blowers will be used to clean debri on concrete Tee complex Tee area edging • Weekly edging of tee complex • Concrete will be edged weekly to create a hard edge around the Tee mats Task Frequency Method & Specifications BrightView Notes Mowing • 2x/week during the growing season • Consistent mowing pattern and defined edges. • Fairway hieght will be maintained between 5/8" - 3/4" Cultural Practices • 1x/year – aaerification • Solid tine, deep tine and slicing as indicated by course conditions • Cultural practices may be increased, if soil condition require, to improve turf quality.

Fertilization • Quartly • Fertilizer type and rates will be determined from the results of annual soil nutrient level testing and growing conditions at the time of treatment. • Additional spot applications rendered to problem turf areas. • Our year-round program is based on plant and soil chemistry. • Nitrogen program designed to provide adequate growth, color and traffic tolerance.

Insect and Pest Control • As needed • IPM (Integrated Pest Management) program will govern rates and timing of applications.
• All applicable regulations shall be strictly adhered to and enforced. • All required regulatory reporting will be the responsibility of BrightView. • We regularly monitor insect and disease thresholds throughout the season. • Preventative applications will be made to control grubs and other turf- feeding insects.

BrightView Annual
Diagnostic Program
• Comprehensive soil nutrient, plant tissue, and
water quality analyses will be performed yearly
to build a prescription-based agronomic plan
• Soil nutrient samples 1x/year
• Water quality samples 1x/year
• Disease/insect identification as needed
• Results will be compiled by Superintendent and reviewed collectively with Area Director and Vice President of Agronomy to continue to build and fine-tune the agronomic plan color and density.

Bell Gardens Golf Course

1. PUTTING GREEN MAINTENANCE (Includes Practice Green)

2. TEE MAINTENANCE

3. FAIRWAYS
180Exhibit 2

4. Maintenance Plan
Task Frequency Method & Specifications BrightView Notes Mowing • 1.5/week – for primary rough (may be reduced
In periods of slow growth)
• Using rotary-type rough mower
• Rough and surrounds will be maintained at 1 1/2"
Fertilization • 3x/year • Additional spot applications rendered to problem turf areas.• Nitrogen program designed to provide adequate growth, color and traffic tolerance.

Weed Control • Seasonal
• As needed
• Will be maintained to control weeds in rough and tee
surrounds.
• Will be achieved through both pre-emergence and
post-emergence chemical applications.
• Robust pre-emergence and post-emergence herbicide program is included targeting the following weeds seen on property: grassy and broadleaf weeds.
• Multiple herbicide modes of actions will be used for resistance management.

Task Frequency Method & Specifications BrightView Notes Raking • Daily • Hand raking faces and edges as required.• Maintain the design integrity of bunkers.

Edging •weekly
y
• Mechanical edging to ensure hazard is well defined.

Sand Depth • 1x/year – Inspected • 4” base • Sand redistributed as needed to improve bunker playability.

Mowing • 1x/week or as needed • Using a Flymow or string trimmer.• Maintain a manicured appearance.

Task Frequency Method & Specifications BrightView Notes Scheduling • Daily • Use of automatic irrigation system.• Daily adjustments to ensure optimal effectiveness of irrigation across golf course.

Repairs • As needed • Leaks repaired within 24 hours.

Task Frequency Method & Specifications BrightView Notes Trimming • Trimmed as necessary to maintain manicured
appearance
• Plants will Be trimmed to assure a heathy and viberate appearance • Brightview staff will work with client to enhance current planter areas Plant care • Planter beds will remain in weed free condition • Pre-emergent herbicides will be applied when possible • Snail and Slug control will be appled as needed
Task Frequency Method & Specifications BrightView Notes Monthly Reports • Monthly • Monthly reports will be sent descriping the work complete during each week of that month
Annual Agronomic Plan • Yearly • Annual Agronomic plan will be reviewed with customer at the beginning of each year

10. MAINTENANCE RECORDS

9. DEBRIS REMOVAL AND MISCELLANEOUS
We will remove debris and green waste from golf course and parking lot as required. The Club is responsible for disposal of green waste and debris from central collection area. We will clean up the property line annually and keep creek clear as required. In cases of extreme need, we can and will call upon our surrounding operations and our sister divisions for support and resources to ensure storm debris cleanup is done as quickly and efficiently as possible.

5. BUNKERS (BrightView will deliver clean, playable and weed-free sand bunkers. Sand depth will be monitored and adjusted once annually)

6. IRRIGATION
Irrigation performance and delivery will be monitored daily to ensure adequate water is being applied for healthy turfgrass growth and firm playing conditions. Rain gauges and soil TDR meters will be used extensively to identify wet and/or dry areas. Hand watering will be used when needed to deliver additional water to dry areas without the use of overhead irrigation.

7. EQUIPMENT MAINTENANCE AND REPAIR
BrightView utilizes the fleet maintenance system “My Turf.” This program automatically alerts when maintenance is due, automates tasks and parts list for each preventive maintenance event and archives a full record of all parts and labor costs per equipment.

8. SHRUBBERY AND PLANTER AREAS

4. ROUGHS
20181Exhibit 2

21 Client References
Golf Maintenance

5. Client References

1. 2.

3. Fairmount Golf Course
City of Riverside
2681 Dexter Drive
Riverside, CA 92622
Dates of Service: 6/1/2014 - Present
Representative’s Name:

Kyle Raphael
Admin of Contracts and Specs
951-351-6084
Description of work by proposer: Golf Course Maintenance Creekside Golf Club
City of Modesto
701 Lincoln Avenue
Modesto, CA 95351
Dates of Service: 1/9/1999 - Present
Representative’s Name:

Laurie Smith
Business Manager
209-577-5347
Description of work by proposer: Golf Course Maintenance Diablo Creek Golf Course
City of Concord
4050 Port Chicago Blvd.

Concord, CA 94520
Dates of Service: 1/9/2006 - Present
Representative's Name:

Steve Voorhies
Director of Parks & Recreation
925-671-3202
Description of work by proposer: Golf Course Maintenance Diamond Oaks Golf Course
City of Roseville
349 Diamond Oaks Blvd.

Roseville, CA 94747
Dates of Service: 5/15/2000 - Present
Representative's Name:

Rob Nakamura
Manager, Parks & Recreation
916-521-6774
Description of work by proposer: Golf Course Maintenance D
5 4.

BrightView Golf Maintenance Proposal September 15, 2023 182Exhibit 2

BrightView Golf Maintenance Proposal September 15, 202322 183Exhibit 2

Proposed Term
Term: 3 Year Agreement with two additional one year options.

Proposed Financial Arrangement
Year 1 Fee: Proposal : $159,000
(Pricing is subject to Prevailing Wage)
Proposal Pricing
Breakdown
Labor - $99,415
Materials- $16,660
Equipment- $38,425
Tools- $4,500
Years 2 through 3
Fee: Including
Options years
Our fee for each year of our agreement is the previous year’s fee plus an increase based on the “Consumer Price Index”, based on Los Angeles Area, provided by the Bureau of Labor Statistics. www.bls.gov
Items Not Included in Fee
•All course utilities
•Trash and green waste removal
•Parts and third-party maintenance & repair costs for the irrigation system in excess of $2,500 per year (up to fifty minor breaks- less than $100- per year as defined in PWQ)
•Tree Care
•Cart path repair
•Acts of God damage
•Vandalism
184Exhibit 2

24 Golf Maintenance
7 Other
Requirements
Upon Selection

7. Other Requirements Upon Selection
Documents in this section:
1) City of Bell Gardens Business License
2) Certification of Insurance
3) Pest Control Business License
4) Applicator License
A Smart
Choice
for
Maintaining
Your Course
185Exhibit 2

186Exhibit 2

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1 2
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2 6
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2 0
1 0
2 0
706355473
3 6
7 5
5 1
2 0
7 5
2 6
7 2
7 0
2 3
1 3
7 3
2 0
0 7
2 7
3 1
1 0
4 5
2 0
0 0
2 5
6 0
750041357
2 6
7 4
1 3
0 0
7 6
7 2
7 2
4 2
0 3
5 7
7 2
0 0
0 7
7 7
7 7
7 7
0 7
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0 7
0 7
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7 777777770
7 0
7 0
7 0
0 0
7 3
5 2
5 6
7 7
1 1
5 4
5 6
0 0
0 7
2 3
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0 6
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702333624
2 0
7 2
0 1
1 0
7 0
3 3
3 2
6 3
5 3
0 7
3 1
1 0
0 7
0 3
2 3
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2 4
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1 0
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713222724
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3 3
3 3
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2 2
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0 1
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7 7
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o

:
57 0
0 9
5 4
7 9
9 7
3 CERTIFICATE OF LIABILITY INSURANCE DATE(MM/DD/YYYY)
09/22/2022
IMPORTANT: If the certificate holder is an ADDITIONAL INSURED, the policy(ies) must have ADDITIONAL INSURED provisions or be endorsed. If SUBROGATION IS WAIVED, subject to the terms and conditions of the policy, certain policies may require an endorsement. A statement on this certificate does not confer rights to the certificate holder in lieu of such endorsement(s).

THIS CERTIFICATE IS ISSUED AS A MATTER OF INFORMATION ONLY AND CONFERS NO RIGHTS UPON THE CERTIFICATE HOLDER. THIS

CERTIFICATE DOES NOT AFFIRMATIVELY OR NEGATIVELY AMEND, EXTEND OR ALTER THE COVERAGE AFFORDED BY THE POLICIES BELOW. THIS CERTIFICATE OF INSURANCE DOES NOT CONSTITUTE A CONTRACT BETWEEN THE ISSUING INSURER(S), AUTHORIZED REPRESENTATIVE OR PRODUCER, AND THE CERTIFICATE HOLDER.

PRODUCER
Aon Risk Services Central, Inc.

Philadelphia PA Office
100 North 18th Street
15th Floor
Philadelphia PA 19103 USA
PHONE
(A/C. No. Ext):

E-MAIL
ADDRESS:

INSURER(S) AFFORDING COVERAGE NAIC #
(866) 283-7122
INSURED 22667ACE American Insurance CompanyINSURER A:
26247American Guarantee & Liability Ins CoINSURER B:

INSURER C:

INSURER D:

INSURER E:

INSURER F:

FAX
(A/C. No.):(800) 363-0105

CONTACT
NAME:

BrightView Golf Maintenance, Inc.
27001 Agoura Road, Suite 350
Calabasas CA 91301 USA
COVERAGES CERTIFICATE NUMBER:570095479973 REVISION NUMBER:

THIS IS TO CERTIFY THAT THE POLICIES OF INSURANCE LISTED BELOW HAVE BEEN ISSUED TO THE INSURED NAMED ABOVE FOR THE POLICY PERIOD INDICATED. NOTWITHSTANDING ANY REQUIREMENT, TERM OR CONDITION OF ANY CONTRACT OR OTHER DOCUMENT WITH RESPECT TO WHICH THIS

CERTIFICATE MAY BE ISSUED OR MAY PERTAIN, THE INSURANCE AFFORDED BY THE POLICIES DESCRIBED HEREIN IS SUBJECT TO ALL THE TERMS, EXCLUSIONS AND CONDITIONS OF SUCH POLICIES. LIMITS SHOWN MAY HAVE BEEN REDUCED BY PAID CLAIMS.Limits shown are as requested

POLICY EXP
(MM/DD/YYYY)

POLICY EFF
(MM/DD/YYYY)
SUBR
WVD
INSR
LTR
ADDL

INSD POLICY NUMBER TYPE OF INSURANCE LIMITS

COMMERCIAL GENERAL LIABILITY

CLAIMS-MADE OCCUR

POLICY LOC

EACH OCCURRENCE

DAMAGE TO RENTED
PREMISES (Ea occurrence)
MED EXP (Any one person)

PERSONAL & ADV INJURY

GENERAL AGGREGATE

PRODUCTS - COMP/OP AGG
X
X
X X
GEN'L AGGREGATE LIMIT APPLIES PER:
$2,000,000
$2,000,000
$10,000
$2,000,000
$5,000,000
$5,000,000
A 10/01/2022 10/01/2023Y Y
SIR applies per policy terms & conditions
XSLG47318397
PRO-
JECT
OTHER:

AUTOMOBILE LIABILITY

ANY AUTO
OWNED

AUTOS ONLY

SCHEDULED
AUTOS

HIRED AUTOS
ONLY

NON-OWNED

AUTOS ONLY
BODILY INJURY ( Per person)

PROPERTY DAMAGE
(Per accident)
X
BODILY INJURY (Per accident)
$5,000,000A10/01/2022 10/01/2023Y Y COMBINED SINGLE LIMIT (Ea accident)
ISA H1071333A

EXCESS LIAB

X OCCUR

CLAIMS-MADE AGGREGATE

EACH OCCURRENCE
DED
$1,000,000
$1,000,000
10/01/2022UMBRELLA LIABB 10/01/2023AUC508596818

RETENTION
X
E.L. DISEASE-EA EMPLOYEE
E.L. DISEASE-POLICY LIMIT
E.L. EACH ACCIDENT $2,000,000
X OTH-
ER
PER STATUTEA10/01/2022 10/01/2023

WC - AOS
SCFC50687405A 10/01/2022 10/01/2023
$2,000,000
Y / N
(Mandatory in NH)

ANY PROPRIETOR / PARTNER / EXECUTIVE
OFFICER/MEMBER EXCLUDED?N / A
Y
YN

WC - WI

WORKERS COMPENSATION AND

EMPLOYERS' LIABILITY
If yes, describe under
DESCRIPTION OF OPERATIONS below
$2,000,000
WLRC50687302
DESCRIPTION OF OPERATIONS / LOCATIONS / VEHICLES (ACORD 101, Additional Remarks Schedule, may be attached if more space is required) RE: 207125 Bell Garden Golf Course, 8000 Park Lane, Bell Gardens, CA 90201. Certificate Holder is included as Additional Insured in accordance with the policy provisions of the General Liability and Auto Liability policies. A Waiver of Subrogation is granted in favor of Certificate Holder in accordance with the policy provisions of the General Liability, Automobile Liability and Workers Compensation policies. General Liability evidenced herein is Primary to other insurance available to an Additional Insured, but only in accordance with the policy's provisions.

The ACORD name and logo are registered marks of ACORD

SHOULD ANY OF THE ABOVE DESCRIBED POLICIES BE CANCELLED BEFORE THE

EXPIRATION DATE THEREOF, NOTICE WILL BE DELIVERED IN ACCORDANCE WITH THE POLICY PROVISIONS.
187Exhibit 2

Workers' Compensation and Employers' Liability Policy
Named Insured Endorsement Number

BRIGHTVIEW LANDSCAPES, LLC
980 JOLLY RD.

Policy Number
BLUE BELL PA 19422 Symbol: WLR Number: C50687302
Policy Period
10-01-2022 TO 10-01-2023
Effective Date of Endorsement
10-01-2022
Issued By (Name of Insurance Company)

ACE AMERICAN INSURANCE COMPANY
Insert the policy number. The remainder of the information is to be completed only when this endorsement is issued subsequent to the preparation of the policy.

CALIFORNIA WAIVER OF OUR RIGHT TO RECOVER FROM OTHERS ENDORSEMENT This endorsement applies only to the insurance provided by the policy because California is shown in Item 3.A. of the Information Page.

We have the right to recover our payments from anyone liable for an injury covered by this policy. We will not enforce our right against the person or organization named in the Schedule, but this waiver applies only with respect to bodily injury arising out of the operations described in the Schedule, where you are required by a written contract to obtain this waiver from us.

You must maintain payroll records accurately segregating the remuneration of your employees while engaged in the work described in the Schedule.

Schedule

1. ( ) Specific Waiver
Name of person or organization:

( X ) Blanket Waiver
Any person or organization for whom the Named Insured has agreed by written contract to furnish this waiver.

2. Operations:

ALL OPERATIONS CONDUCTED BY AN INSURED PURSUANT TO SUCH

WRITTEN CONTRACT

3. Premium:

The premium charge for this endorsement shall be 1.0 percent of the California premium developed on payroll in connection with work performed for the above person(s) or organization(s) arising out of the operations described.

4. Minimum Premium: $0

Authorized Representative

WC 90 03 75 (05/18) 188Exhibit 2

POLICY NUMBER: XSL G47318397 001 COMMERCIAL GENERAL LIABILITY CG 24 04 05 09

WAIVER OF TRANSFER OF RIGHTS OF RECOVERY

AGAINST OTHERS TO US

This endorsement modifies insurance provided under the following:

COMMERCIAL GENERAL LIABILITY COVERAGE PART

PRODUCTS/COMPLETED OPERATIONS LIABILITY COVERAGE PART

SCHEDULE

The following is added to Paragraph 8. Transfer Of
Rights Of Recovery Against Others To Us of
Section IV – Conditions:

We waive any right of recovery we may have against
the person or organization shown in the Schedule
above because of payments we make for injury or
damage arising out of your ongoing operations or
"your work" done under a contract with that person
or organization and included in the "products-
completed operations hazard". This waiver applies
only to the person or organization shown in the
Schedule above.

CG 24 04 05 09 © Insurance Services Office, Inc., 2008 Page 1 of 1  Information required to complete this Schedule, if not shown above, will be shown in the Declarations.

Name Of Person Or Organization: Any person or organization against whom you have agreed to waive your right of recovery in a written contract, provided such contract was executed prior to the date of loss.
189Exhibit 2

NON-CONTRIBUTORY ENDORSEMENT FOR ADDITIONAL INSUREDS

Named Insured
BrightView Landscapes, LLC
Endorsement Number
TBD
Policy Symbol
XSL
Policy Number
G47318397 001
Policy Period
10/01/2022 to 10/01/2023
Effective Date of Endorsement
10/01/2022
Issued By (Name of Insurance Company)
ACE American Insurance Company
Insert the policy number. The remainder of the information is to be completed only when this endorsement is issued subsequent to the preparation of the policy.

THIS ENDORSEMENT CHANGES THE POLICY. PLEASE READ IT CAREFULLY.

COMMERCIAL GENERAL LIABILITY COVERAGE

Schedule

Organization Additional Insured Endorsement
Any additional insured with whom you have agreed to provide such non-contributory insurance, pursuant to and as required under a written contract executed prior to the date of loss.

(If no information is filled in, the schedule shall read: “All persons or entities added as additional insureds through an endorsement with the term “Additional Insured” in the title)

For organizations that are listed in the Schedule above that are also an Additional Insured under an endorsement attached to this policy, the following is added to Section IV.4.a:

If other insurance is available to an insured we cover under any of the endorsements listed or described above (the “Additional Insured”) for a loss we cover under this policy, this insurance will apply to such loss on a primary basis and we will not seek contribution from the other insurance available to the Additional Insured.

Authorized Agent

LD-20287 (06/06) Page 1 of 1
190Exhibit 2

DA-9U74c (03/16)Page 1 of 1
ADDITIONAL INSURED – DESIGNATED PERSONS OR ORGANIZATIONS ADDITIONAL INSURED –

DESIGNATED PERSONS OR ORGANIZATIONS
Named Insured BrightView Landscapes, LLC
TBD
Policy Symbol
ISA
Policy Number
H1071333A
Policy Period
10/01/2022 TO 10/01/2023
Effective Date of Endorsement
Issued By (Name of Insurance Company)
ACE American Insurance Company
Insert the policy number. The remainder of the information is to be completed only when this endorsement is issued subsequent to the preparation of the policy.

THIS ENDORSEMENT CHANGES THE POLICY. PLEASE READ IT CAREFULLY.

This endorsement modifies insurance provided under the following:

BUSINESS AUTO COVERAGE FORM

AUTO DEALERS COVERAGE FORM

MOTOR CARRIER COVERAGE FORM

EXCESS BUSINESS AUTO COVERAGE FORM
Additional Insured(s): Any person or organization whom you have agreed to include as an additional insured under a written contract, provided such contract was executed prior to the date of loss.

A. For a covered “auto,” Who Is Insured is amended to include as an “insured,” the persons or organizations named in this endorsement. However, these persons or organizations are an “insured” only for “bodily injury” or “property damage” resulting from acts or omissions of:

1. You.

2. Any of your “employees” or agents.

3. Any person operating a covered “auto” with permission from you, any of your “employees” or agents.

B. The persons or organizations named in this endorsement are not liable for payment of your premium.

Authorized Representative
10/01/2022
Endorsement Number
191Exhibit 2

DA-13115a (06/14)Page 1 of 1

WAIVER OF TRANSFER OF RIGHTS OF RECOVERY AGAINST OTHERS

WAIVER OF TRANSFER OF RIGHTS OF RECOVERY AGAINST OTHERS Named Insured BrightView Landscapes, LLC Endorsement NumberTBD Policy Symbol
ISA
Policy Number
H1071333A
Policy Period
10/01/2022 TO 10/01/2023
Effective Date of Endorsement
Issued By (Name of Insurance Company)
ACE American Insurance Company
Insert the policy number. The remainder of the information is to be completed only when this endorsement is issued subsequent to the preparation of the policy.

THIS ENDORSEMENT CHANGES THE POLICY. PLEASE READ IT CAREFULLY.

This Endorsement modifies insurance provided under the following:

BUSINESS AUTO COVERAGE FORM

MOTOR CARRIERS COVERAGE FORM

AUTO DEALERS COVERAGE FORM
We waive any right of recovery we may have against the person or organization shown in the Schedule below because of payments we make for injury or damage arising out of the use of a covered auto. The waiver applies only to the person or organization shown in the SCHEDULE.

SCHEDULE
Any person or organization against whom you have agreed to waive your right of recovery in a written contract, provided such contract was executed prior to the date of loss.

Authorized Representative
10/01/2022
192Exhibit 2

POLICY NUMBER: XSL G47318397 001 COMMERCIAL GENERAL LIABILITY CG 20 37 04 13

THIS ENDORSEMENT CHANGES THE POLICY. PLEASE READ IT CAREFULLY.

ADDITIONAL INSURED – OWNERS, LESSEES OR
CONTRACTORS – COMPLETED OPERATIONS
This endorsement modifies insurance provided under the following:

COMMERCIAL GENERAL LIABILITY COVERAGE PART

PRODUCTS/COMPLETED OPERATIONS LIABILITY COVERAGE PART

SCHEDULE

Name Of Additional Insured Person(s)
Or Organization(s)

Location And Description Of Completed Operations
Any person or organization whom you have agreed to
include as an additional insured under a written
contract, provided such contract was executed prior to
the date of loss.

All locations where you perform work for such
additional insured pursuant to any such written
contract.

Information required to complete this Schedule, if not shown above, will be shown in the Declarations.

A. Section II – Who Is An Insured is amended to
include as an additional insured the person(s) or
organization(s) shown in the Schedule, but only
with respect to liability for "bodily injury" or
"property damage" caused, in whole or in part, by
"your work" at the location designated and
described in the Schedule of this endorsement
performed for that additional insured and
included in the "products-completed operations
hazard".

However:

1. The insurance afforded to such additional
insured only applies to the extent permitted
by law; and

2. If coverage provided to the additional insured
is required by a contract or agreement, the
insurance afforded to such additional insured
will not be broader than that which you are
required by the contract or agreement to
provide for such additional insured.

B. With respect to the insurance afforded to these
additional insureds, the following is added to
Section III – Limits Of Insurance:

If coverage provided to the additional insured is
required by a contract or agreement, the most we
will pay on behalf of the additional insured is the
amount of insurance:

1. Required by the contract or agreement; or

2. Available under the applicable Limits of
Insurance shown in the Declarations;
whichever is less.

This endorsement shall not increase the applicable
Limits of Insurance shown in the Declarations.

POLICY NUMBER: XSL G47318397 001 Endorsement Number: TBD

COMMERCIAL GENERAL LIABILITY
CG 20 26 04 13

THIS ENDORSEMENT CHANGES THE POLICY. PLEASE READ IT CAREFULLY.

ADDITIONAL INSURED – DESIGNATED

PERSON OR ORGANIZATION
This endorsement modifies insurance provided under the following:

COMMERCIAL GENERAL LIABILITY COVERAGE PART

SCHEDULE

A. Section II – Who Is An Insured is amended to
include as an additional insured the person(s) or
organization(s) shown in the Schedule, but only
with respect to liability for "bodily injury", "property damage" or "personal and advertising injury"
caused, in whole or in part, by your acts or
omissions or the acts or omissions of those acting
on your behalf:

1. In the performance of your ongoing operations;
or

2. In connection with your premises owned by or
rented to you.

However:

1. The insurance afforded to such additional
insured only applies to the extent permitted by
law; and

2. If coverage provided to the additional insured is
required by a contract or agreement, the
insurance afforded to such additional insured
will not be broader than that which you are
required by the contract or agreement to
provide for such additional insured.

B. With respect to the insurance afforded to these
additional insureds, the following is added to
Section III – Limits Of Insurance:

If coverage provided to the additional insured is
required by a contract or agreement, the most we
will pay on behalf of the additional insured is the
amount of insurance:

1. Required by the contract or agreement; or

2. Available under the applicable Limits of
Insurance shown in the Declarations;
whichever is less.

This endorsement shall not increase the
applicable Limits of Insurance shown in the
Declarations.

CG 20 26 04 13 © Insurance Services Office, Inc., 2012 Page 1 of 1 Information required to complete this Schedule, if not shown above, will be shown in the Declarations.

Name Of Additional Insured Person(s) Or Organization(s):

Any person or organization whom you have agreed to include as an additional insured under a written contract, provided such contract was executed prior to the date of loss. 194Exhibit 2

AGENCY CUSTOMER ID:

ADDITIONAL REMARKS SCHEDULE
LOC #:

ADDITIONAL REMARKS

THIS ADDITIONAL REMARKS FORM IS A SCHEDULE TO ACORD FORM, FORM NUMBER:ACORD 25 FORM TITLE:Certificate of Liability Insurance EFFECTIVE DATE:

CARRIER NAIC CODE

POLICY NUMBER

NAMED INSUREDAGENCY
See Certificate Number:

See Certificate Number:
570095560618
570095560618
Aon Risk Services Central, Inc.
570000090110
ADDITIONAL POLICIES If a policy below does not include limit information, refer to the corresponding policy on the ACORD certificate form for policy limits.

INSURER

INSURER(S) AFFORDING COVERAGE
Page _ of _
NAIC #
BrightView Golf Maintenance, Inc.

TYPE OF INSURANCE

POLICY NUMBER LIMITS
OTHER
C E&O-PL-Primary 03135461 10/01/2022 10/01/2023 Per Claim $10,000,000 Aggregate $10,000,000
Contr. Prof Claims-Made
ADDL
INSD
INSR
LTR
SUBR
WVD
POLICY

EFFECTIVE
DATE
(MM/DD/YYYY)
POLICY

The ACORD name and logo are registered marks of ACORD
195Exhibit 2

196Exhibit 2

BrightView Golf Maintenance Proposal September 15, 202329 . 197Exhibit 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 13.

T O:Honorable Mayor and C ity C ouncil Members
F RO M : Michael O'Kelly, City Manager
B Y:D aisy Gomez, C ity C lerk
S UB J E C T:L O C AL C O M M IS S IO NS AP P O INT M E NT L IS T 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 review the Commissions A ppointments L ist and by motion, remove commissioners and/or make appointments to the posted vacancies.

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

T he L ocal A ppointments L ist includes all Bell Gardens Commissions and C ommissioners. T he City C ouncil adopted Ordinance No. 825 on J uly 13, 2009 establishing minimum requirements for service on commissions. All C ommissioners must reside within the C ity of B ell Gardens and may only serve on one C ommission at a time. Once appointed, each Commissioner must adhere to the requirements of the City's C onflict of I nterest Code and state- mandated A B 1234 ethics training and A B 1661 harassment training.

Ordinance No. 825 allows each C ouncil Member to remove or appoint one candidate per Commission, subject to the approval of the Council majority. A ppointed Commission Members serve terms that coincide with the term of the C ouncil Member who made the appointment.

C O NC L US I O N:

After an appointment is made, Commission members will receive their Oath of Of f ice bef ore beginning service with their respective Commission at the next regularly scheduled Commission meeting. The C ity C lerk's Of f ice will arrange f or the proper f iling of Conf lict of I nterest Code forms and schedule trainings f or A B 1234 and A B 1661.

F I S C AL I M PAC T:

No fiscal impact.

AT TAC HM E NT S :

D escription
Exhibit 1 - Commissioner R oster
Exhibit 2 - Notice of Vacancies
Exhibit 3 - Unscheduled Vacancy (Education)
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 198

9/20/2023

EDUCATION COMMISSION

PLANNING COMMISSION

RECREATION, CULTURAL AND YOUTH COMMISSION

SENIOR CITIZEN COMMISSION

TRAFFIC AND SAFETY COMMISSION

CITY OF BELL GARDENS

ROSTER OF CITY COMMISSIONS
Updated 9/12/2023

NAME APPOINTED BY APPOINTMENT DATE
Meeting Date: Second Thursday of every month, City Hall Council Chamber, 5:00 p.m.

Staff Liaison - Ana Avalos, Recreation and Community Services Supervisor, (562) 806-7650 Kristina Paulo Barcena 1/9/2023
Miguel Flores Chavez 3/22/2021
Vacant Gomez
Vacant De Leon Sanchez
Andrew Leon Pulido 2/27/2023
Meeting Date: Third Wednesday of every month, City Hall Council Chamber, 6:00 p.m.

Staff Liaison - Steven Jones, City Planner, (562) 806-7722 Armando Barcena Barcena 1/9/2023
Miguel De La Rosa Chavez 1/11/2021
Gustavo Mendez Gomez 8/28/2023
Oscar Boado De Leon Sanchez 9/11/2023
Tony Rivera Pulido 1/11/2021
Meeting Date: Third Thursday of every month, City Hall Council Chamber, 6:00 p.m.

Staff Liaison – Armando Andrade, Recreation and Community Services Supervisor, (562) 806-7650 Isabel Duron Barcena 1/9/2023
Tiara Solorzano Chavez 1/25/2021
Vacant Gomez
Cecilia Diaz-Jimenez De Leon Sanchez 1/23/2023
Cindy Alvarado Pulido 2/27/2023
Meeting Date – Second Wednesday of every month, City Hall Council Chamber, 6:00 p.m.

Staff Liaison – Diana Ortiz, Recreation and Community Services Supervisor (562) 806-7650 Ana Maria Sanchez Flores Barcena 1/9/2023
Diana Rivera Chavez 1/9/2023
Vacant Gomez
Stephanie Perez De Leon Sanchez 1/23/2023
Vacant Pulido
Meeting Date – First Tuesday of every month, City Hall Council Chamber, 5:30 p.m.

Staff Liaison – Grissel Chavez, Director of Public Works (562) 806-7770 David Heredia Barcena 1/9/2023
Carlos Jose Barrera Chavez 1/11/2021
Vacant Gomez
Hugo Alvarado De Leon Sanchez 1/9/2023
Jayson Gavilanes Pulido 1/11/2021
199Exhibit 1

City of Bell Gardens

NOTICE OF COMMISSION

VACANCIES

The City Council is seeking applications for the following vacancies:

NAME APPOINTED
BY
NOTICE
POSTED

APPOINTMENT DATE

EDUCATION COMMISSION
Kristina Paulo Barcena 1/09/2023
VACANT Gomez 7/5/2023
Andrew Leon Pulido 02/27/2023
Miguel Flores Chavez 3/22/2021
VACANT Sanchez 8/30/2023 1/09/2023

PLANNING COMMISSION
Armando Barcena Barcena 1/09/2023
Gustavo Mendez Gomez 8/28/2023
Tony Rivera Pulido 1/11/2021
Miguel De La Rosa Chavez 1/11/2021
Oscar Boado Sanchez 9/11/2023

RECREATION, CULTURAL AND YOUTH COMMISSION
Isabel Duron Barcena 1/09/2023
VACANT Gomez 7/5/2023
Cindy Alvarado Pulido 2/27/2023
Tiara Solorzano Chavez 1/25/2021
Cecilia Diaz-Jimenez Sanchez 1/23/2023

SENIOR CITIZEN COMMISSION
Ana M Sanchez Flores Barcena 1/09/2023
VACANT Gomez 7/5/2023
VACANT Pulido 12/17/2020
Diana Rivera Chavez 1/09/2023
Stephanie Perez Sanchez 1/23/2023

TRAFFIC AND SAFETY COMMISSION
David Heredia Barcena 1/09/2023
VACANT Gomez 7/5/2023

Jayson Gavilanes Pulido 1/11/2021
Carlos Jose Barrera Chavez 1/11/2021
Hugo Alvarado Sanchez 1/09/2023

Applicants must be residents of the City. No person previously convicted of a felony in this state or elsewhere shall be permitted to serve on any City Commission. Before assuming the duties of a commissioner, each person appointed shall take and file with the City Clerk the same constitutional oath of office required of members of the city council. Any member of a commission shall be deemed to have resigned from the commission, and his or her office as a member of the commission shall automatically vacated, in the event, the member ceases to be a resident of the City or is convicted of a felony. (Bell Gardens Municipal Code Sections 2.68.030, 2.28.030, 2.22.030, 2.35.030)

Applications may be obtained from the City Clerk’s Office: 7100 Garfield Ave, Bell Gardens, CA 90201.

Applications will be accepted in the City Clerk’s Office on a continuous basis until an appointment is made.

Please call the City Clerk’s Office at (562) 806-7705 for more information.

Daisy Gomez
City Clerk

Updated: 9/20/2023
200Exhibit 2

City of Bell Gardens

NOTICE OF UNSCHEDULED

VACANCY
An unscheduled vacancy exists on the:

EDUCATION COMMISSION
Pursuant to Section 54974 of the California Government Code, NOTICE IS HEREBY GIVEN that an unscheduled vacancy has occurred on the Bell Gardens Education Commission as of August 28, 2023. The unexpired term will end December 2026.

Applicants must be a registered voter and resident of the City of Bell Gardens. No person previously convicted of a felony in this state or elsewhere shall be permitted to serve on any City commission. Any member of a commission shall be deemed to have resigned from the commission, and his or her office as a member of the commission shall automatically vacated, in the event the member ceases to be a resident of the City or is convicted of a felony. (Bell Gardens Municipal Code Sections 2.68.030, 2.28.030, 2.22.030, 2.35.030) Appointment to fill the position will be made by the Bell Gardens City Council. Residents interested in being consider for said position should complete and submit a Commissioner Services Application to the City Clerk’s office, 7100 Garfield Ave, Bell Gardens, CA 90201.

Applications will be accepted in the City Clerk’s Office on a continuous basis until an appointment is made.

A Commissioner Services Application may be obtained from the City of Bell Gardens website at bellgardens.org or at the City Clerk’s Office at City Hall. Please call the City Clerk’s Office at (562) 806-7705 for more information.

This notice was duly posted no later than 20 days after the vacancy occurred as required by law. Final appointment to the Education Commission shall not be made by the City Council for at least ten (10) working days after posting of this notice. An appointment can be made after September 19, 2023.

Daisy Gomez, City Clerk
Posted: August 30, 2023
201Exhibit 3

CIT Y OF BE LL GARDENS

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

AG E ND A RE P O RT
I tem 14.

T O:Honorable Mayor and C ity C ouncil Members
F RO M : Michael B. O'Kelly, City Manager
B Y:Hailes H. Soto, Assistant to the City Manager
S UB J E C T:C O NS I D E RAT IO N O F A P RO F E S S I O NAL S E RV I C E S AG RE E M E NT WI T H G O G O V F O R

T HE C IT Y M O B I L E AP P
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 C ity Council adopt the attached resolution and authorize the City Manager to execute a Prof essional S ervices Agreement with G O Gov for the C ity mobile app, subject to approval by the City Attorney.

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

C ommunity engagement tools come in many guises with a range of dif f erent options f or engaging communities and stake holde rs . Current engagement tools used by the City of Bell Gardens include the website, emails, and telephone. T he common services requested by Bell Gardens constituents include:
• Public safety (911 and nonemergency services)
• Trash
• C ode enforcement
• Street repairs
• Sidewalk repairs
• Graffiti
• D ial-A -Ride
• Program registration
• Permits
T here are many types of community engagement tools that F ederal, S tate and local agencies deploy to encourage public participation. Many local agencies have unif ied the services requested by constituents with a community engagement tool known as a mobile city app. Mobile city apps are a popular form of community engagement as the usage of smart phones increases amongst consumers.

Mobile app vendors are typically responsible f or the following:
• C loud based storage
• Available on Google P lay and Apple Play Stores
• Security and technical updates deployed regularly
C ity staf f issued a Request for Proposals (R F P ) for an off-the-shelf City mobile/smartphone (iO S iPhone and Android-compatible) application in August 2023. T he request was to implement a mobile/smartphone application with cloud-based C R M, a public-f acing web portal and an internal-facing administrative dashboard, to enable and increase centralized civic engagement by the public. T he mobile app will allow residents to report issues to city 202

departments by writing a description, submitting photos, and sending a location that is easily pinpointed on a map such as Google Maps.

Staf f reviewed the three proposals that were submitted by G O Gov, Tatum Games and C ivicPlus. T he G O Gov and C ivicPlus proposals were f or off-the-shelf mobile apps while the Tatum Games proposal was for a custom-made mobile app. T he f irst-year costs for GoGov will be $24,180 while the Civic P lus first year costs will be $29,029.25.

F or a term of up to f ive years, G O Gov will total approximately $120,900 while C ivicPlus will total approximately $160,404.91 (includes an annual 5% uplift). T he first-year costs for Tatum Games are $104,000 and the annual maintenance and hosting costs are $2,500. For a term of up to five years, Tatum G ames will total approximately $116,500. Even though the total costs for Tatum Games will be lower compared to the other two proposals f or a term of up to five years, staff is recommending going with the proposal with the lowest costs for the of f -the-shelf mobile app which is G O Gov. G O Gov has over 100 California C ities & C ounties as clients. I n L os Angeles C ounty alone, there are 30 neighboring Cities that use G O Gov.

At the September 11, 2023 City Council meeting, staff made a presentation and recommended that G O Gov be selected to develop the C ity of B ell Gardens mobile app. T he C ity Council discussed and directed staff to meet with the City A pp Ad Hoc Committee consisting of Mayor De L eon Sanchez and C ouncil Member Barcena. T he City App A d Hoc C ommittee met on S eptember 12, 2023 and asked staff to explore if the C ity's current website provider, Granicus, or Civic P lus have f ully integrated apps for their website products that operate using the same sof tware and server hosting. I t should be noted that G O G ov is not a website provider. A f ter contacting Granicus and C ivicPlus, staf f determined that Granicus and Civic P lus do not have a truly integrated app for their website products.

Both Granicus and Civic P lus acquired other third-party app companies in recent years and theref ore the app products were not developed in concert with the website products. The app product of f erings are essentially the same as using other similar third-party apps like G O Gov. B ased on additional research, staf f continues to recommend that the City Council award the professional services agreement to G O Gov f or the C ity mobile app.

C O NC L US I O N:

C ity staf f issued a Request for Proposals (R F P ) for an off-the-shelf City mobile/smartphone (iO S iPhone and Android-compatible) application in A ugust 2023. T hree proposals were submitted and after f urther review, staf f is recommending that G O Gov be selected to develop the C ity of Bell Gardens mobile app.

F I S C AL I M PAC T:

An appropriation of funding f rom the General F und for F iscal Year 2023-2024 in the amount of $24,180. General F und appropriations of $24,180 annually will be included as part of the F iscal Year budget process f or the term of the agreement. T he term of the agreement is three years plus an optional two, one year extensions. The cost for a five year agreement will be $120,900.

AT TAC HM E NT S :

D escription
Exhibit 1 - Resolution No. 2023-79
Exhibit 2 - P rofessional S ervices Agreement with R F P and G O Gov Proposal 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 203

Resolution No. 2023-79
2 of 3
RESOLUTION NO. 2023-79

A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF BELL

GARDENS, CALIFORNIA, APPROVING A PROFESSIONAL SERVICES

AGREEMENT BY AND BETWEEN THE CITY OF BELL GARDENS AND
GOGOV FOR THE COMMUNITY ENGAGEMENT TOOL – CITY MOBILE
APP

WHEREAS, City of Bell Gardens (“City”) desires to enter into a professional services agreement for an off-the-shelf 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; and

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

WHEREAS, the City received responses to the RFP and upon review of the proposals, City staff determined that GOGov is qualified to perform the services requested based on its expertise; and

WHEREAS, the City desires to enter into a professional services agreement with GOGov for a three-year term with an optional two one-year extensions.

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

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

SECTION 2. The City Council finds that the City has complied with its local purchasing policy through the issuance of a Request for Proposals.

SECTION 3. The City Council hereby approves a professional services agreement with GOGov for the development of a City mobile app.

SECTION 4. The City Council further authorizes the City Manager to execute the professional services agreement with GOGov for the City mobile app, subject to City Attorney approval, and consistent with this Resolution, along with any ancillary documents reasonably necessary to effectuate the intent of this Resolution.

[Signatures on the following page]
204Exhibit 1

Resolution No. 2023-79

Page 2 of 3 ends

Bell Gardens City CouncilSeptember 25, 2023

Bell Gardens City Council
September 25, 2023