Agenda packet — Bell Gardens City Council, October 23, 2023 (part 1 of 7)

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, O C T O B E R 23, 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
•FAM ILY C O URT AWARE NE S S M O NT H P RO C L AM AT IO N

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 - 10)
All matters listed under the Consent Calendar are considered to be routine and can be acted on by one roll call vote. T here will be no separate discussion of these items unless members of the City C ouncil / Successor A gency request specif ic items to be removed f rom the Consent Calendar for separate action.

I tems called f or separate discussion will be heard as the next order of business. 2 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 INUT E S O F O C T O B E R 09, 2023 C IT Y / S UC C E S S O R AG E NC Y J O I NT

M E E T I NG S
A pprove the minutes of the October 09, 2023 C ity/Successor Agency J oint Meetings.

Recommendation:

I t is staff's recommendation that the City Council approve the minutes of the October 09, 2023 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 09/21/23, 09/26/23 and 10/03/23.

4.S E C O ND RE AD ING AND AD O P T IO N O F O RD I NANC E NO . 937 (ZO NING C O D E AM E ND M E NT NO. 2023-062)
S econd Reading of Ordinance No. 937 amending Title 9 (Z oning and Planning Regulations) of the B ell Gardens Municipal Code (“B G MC ”) to accommodate vehicle parking/storage for automobile repair f acilities as stand-alone parking lots when in connection to, or in the vicinity of , automobile repair facilities.

Recommendation:

I t is staf f 's recommendation that the C ity Council waive the f ull reading and adopt O rdinance No. 937 to comply with B ell Gardens’ General P lan policies and programs to promote economic vitality and opportunity and compatible neighborhood development.

5.A RE S O L UT IO N O F T HE C IT Y C O UNC IL O F T HE C IT Y O F B E L L G ARD E NS

AP P RO V I NG A P RO F E S S IO NAL S E RV I C E S AG RE E M E NT B E T WE E N T HE C I T Y O F B E L L G ARD E NS AND S AE S HE , INC . F O R B RO AD B AND AF F O RD AB L E

C O NNE C T I V I T Y P RO G RAM O UT RE AC H C O NS ULTAT IO N S E RV IC E S A resolution of the City Council of the City of B ell G ardens approving a prof essional services agreement between the C ity of Bell Gardens and S A E S HE, I nc. to partner with staf f and community-based organizations to promote broadband af f ordable connectivity. 3 Recommendation:

I t is staff's recommendation that the City Council adopt the attached resolution approving a P rofessional Services A greement with S A E S HE , I nc. (S A E S HE ), for the broadband A f f ordable Connectivity P rogram Outreach (A C P O) consultation services.

6.A RE S O L UT IO N O F T HE C IT Y C O UNC IL O F T HE C IT Y O F B E L L G ARD E NS

AP P RO V I NG A P RO F E S S IO NAL S E RV I C E S AG RE E M E NT B E T WE E N T HE C I T Y O F

B E L L G ARD E NS AND O NL INE S O L UT IO NS, L L C (D B A, C I T I ZE NS E RV E) A resolution of the City Council of the City of B ell G ardens approving a prof essional services agreement between the City of B ell Gardens and Online S olutions, L L C (D B A , Citizenserve) for permit tracking and land use management sof tware.

Recommendation:

I t is staf f ’s recommendation that the City Council adopt the attached resolution approving a P rofessional Services Agreement with Online Solutions, L L C (D B A, Citizenserve), subject to C ity A ttorney approval as to f orm, f or the development of an electronic permit tracking and land use management system and sof tware implementation.

7.AP P RO VAL O F RE S O L UT I O N AND F UND I NG AG RE E M E NT WIT H T HE D E PART M E NT

O F HO US I NG AND URB AN D E V E L O P M E NT F O R T HE J O HN ANS O N F O RD PARK

RE G I O NAL AQ UAT I C S C E NT E R P RO J E C T
A pproval of funding agreement f or the J ohn Anson F ord Park R egional Aquatic Center.

Recommendation:

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

1. Adopt the attached resolution; and

2. A pprove F Y 2023 Community P roject Funding Grant A greement No. B -23-C P-C A -0202 with the Department of Housing and Urban Development (HUD ) f or the J ohn A nson F ord Park Regional A quatics C enter F unding.

8.AWARD O F P RO F E S S IO N S E RV I C E S AG RE E M E NT F O R S E C URI T Y G UARD

S E RV IC E S F O R T HE B E L L G ARD E NS S P O RT S C E NT E R, V E T E RANS PARK AND C I T Y

HAL L PARK ING L O T
A doption of resolution and award of prof essional services agreement with A merican Global S ecurity f or the B ell Gardens Sports C enter, Veterans P ark and City Hall Parking L ot security guard services.

Recommendation:

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

1. A dopt the attached resolution; and

2. A uthorize the C ity Manager to execute a P rofessional Services A greement for security guard services with American Global S ecurity, f or a three-year term with the option of two one-year year extensions and subject to approval by the C ity A ttorney.

9.I NS TAL L AT I O N O F RE D C URB "NO PARK I NG" RE S T RI C T IO NS F RO NT ING 6872 G AG E

AV E NUE
Consideration of a R esolution to authorize the installation of an additional 11 feet of red curb ‘no parking’ restrictions fronting 6872 Gage Avenue to improve sight distance conditions for vehicles exiting the driveway onto Gage Avenue.

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

1. Adopt the attached Resolution establishing parking restrictions in the C ity and authorizing the installation of 11 feet of additional red curb 'no parking' restrictions fronting 6872 Gage Avenue to improve sight distance conditions; and

2. R escind R esolution No. 2005-15.

10.AP P RO VAL O F E L IM INAT IO N O F P UB L IC WO RK S D E PART M E NT S E C RE TARY P O S I T I O N AND RE P L AC ING IT WI T H A S E NIO R M ANAG E M E NT ANALY S T P O S IT IO N;

B UD G E T AM E ND M E NT AP P RO P RIAT ING M E AS URE W F UND S T O T HE S T O RM WAT E R C O M P L IANC E C O NT RAC T UAL S E RV IC E S AC C O UNT; AND

T RANS F E R O F G E NE RAL F UND S F RO M S T O RM WAT E R C O M P L IANC E

C O NT RAC T UAL S E RV I C E S AC C O UNT T O T HE P UB L IC WO RK S P E RS O NNE L

S E RV IC E S AC C O UNT
Consideration to eliminate a Public Works D epartment S ecretary position and replace it with a S enior Management A nalyst position; approve a budget amendment to appropriate Measure W f unds to S tormwater Compliance C ontractual S ervices account; and approve a transfer of general f unds f rom the S tormwater Compliance Contractual S ervices account to the Public Works P ersonnel S ervices account, to fund the new position.

Recommendation:

I t is recommended that the C ity C ouncil:

1. Authorize elimination of Public Works Department S ecretary position and replace it with a S enior Management Analyst position;

2. Approve a F Y 2023-2024 budget appropriation of $60,000 in Measure W funds to the S tormwater Compliance C ontractual S ervices account; and

3. A pprove a F Y 2023-2024 budget transfer of $60,000 in general funds from Stormwater Compliance Contractual Services account to the P ublic Works Personnel Services account f or the hiring of one f ull-time Senior Management A nalyst position.

D I S C US S IO N (Item Nos. 11 - 15)

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

Recommendation:

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

12.K O UNK UE Y D E S IG N INIT IAT IV E (K D I) P RO P 1 G RANT -B E L L G ARD E NS G O L F

C O URS E RE C O V E RY P RO J E C T RE S ULT S
A presentation outlining Kounkey Design I nitiative's (K D I ) findings and vision for the B ell Gardens Golf Course P rop 1 Grant.

Recommendation:

I t is staff's recommendation that the City Council receive and file the K D I Prop 1 Grant Project update.

13.RE Q UE S T F UND S T O P URC HAS E V E HI C L E S F O R T HE P O L IC E D E PART M E NT 5 T he Bell Gardens P olice Department assessed their vehicle f leet to keep the Police Department’s operations at peak ef f iciency and readiness. The assessment revealed that numerous vehicles are over 10-years-old with most of them operating with approximately 80,000 to 100,000 miles.

T herefore, the P olice D epartment is requesting funding to replace these vehicles.

Recommendation:

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

1. A uthorize the City Manager to execute a procurement agreement with 72 Hour L L C dba :

National A uto Fleet Group, subject to C ity Attorney approval as to form, f or 24 vehicles for a not to exceed amount of $1.5 million f or F Y 2023-24 and F Y 2024-25; and

2. A ppropriate $1.5 million f rom the general fund to the P olice D epartment’s budget for F Y 2023-24 and F Y 2024-25.

14.C IT Y WAT E R S Y S T E M UP D AT E AND RE C O M M E ND E D NE X T S T E P S Update on the City Water S ystem grant application and consideration of R equests for Service for the design of the Well # 1 I on E xchange P FA S Treatment P lant, the Proposition 218 process to evaluate and recover costs, the development of a Request for Proposals f or the sale of the C ity Water S ystem, and an appropriation of funds to cover the C ity Water System-related costs.

Recommendation:

I t is recommended that the C ity C ouncil:

1. A uthorize staff to issue a R equest f or Services (R F S ) to B owman I nf rastructure Engineers L td. (I nf rastructure E ngineers) to initiate the design of the I on E xchange P FA S Treatment P lant in the amount of $454,200;

2. A uthorize staff to issue a R F S to I nf rastructure E ngineers to initiate the P roposition 218 process to evaluate and recover water costs, construction costs, operation and maintenance costs for the I on Exchange P FA S Treatment Plant in the amount of $65,200;

3. A uthorize staff to issue a R F S to I nfrastructure E ngineers to initiate the development of the request for proposals (R F P ) to sell the C ity Water System in the amount of $55,340; and

4. A ppropriate $574,740 from the General F und into the F Y 23/24 Budget to cover the C ity Water S ystem-related costs.

15.F INAL D E S IG N O F T HE IND O O R M URAL ART WO RK F O R T HE V E T E RANS PARK

AD M INIS T RAT IO N B UIL D ING HAL LWAY
F inal design of the Veterans P ark Administration B uilding Hallway Mural D esign.

Recommendation:

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

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

AD J O URNM E NT
D aisy Gomez, C ity C lerk
Agenda posted on October 19, 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 •
T O:Honorable Mayor and C ity C ouncil Members
F RO M : Michael B. O'Kelly, City Manager
B Y:

S UB J E C T:FAM ILY C O URT AWARE NE S S M O NT H P RO C L AM AT IO N D AT E:October 23, 2023
RE C O M M E ND AT IO N:

I t is staf f 's recommendation that the City Council
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 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:October 23, 2023
RE C O M M E ND AT IO N:

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

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

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

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

C O NC L US I O N:

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

F I S C AL I M PAC T:

No fiscal impact.

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

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

AG E ND A RE P O RT
I tem 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 O C T O B E R 09, 2023 C IT 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:October 23, 2023
RE C O M M E ND AT IO N:

I t is staf f 's recommendation that the City Council approve the minutes of the October 09, 2023 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 City/S uccessor A gency J oint Meetings will be archived in the City Clerk's Of f ice.

F I S C AL I M PAC T:

No fiscal impact.

AT TAC HM E NT S :

D escription
Exhibit 1 - Minutes of October 9, 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, O C T O B E R 9, 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.

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 October 9, 2023, in the C ouncil Chambers, 7100 Garf ield Avenue, Bell Gardens, C A with Mayor F rancis de L eon S anchez presiding. Mayor F rancis de L eon Sanchez called the joint meeting to order at 6:05 p.m.

INV O C AT I O N
T he invocation was given by P astor L eal.

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 (joined the meeting at 6:17 p.m.) J orgel Chavez, Vice C hair/Mayor P ro Tem
F rancis D e L eon Sanchez, C hair/Mayor

Absent:

None
P UB L IC HE ARING (Item No. 1)

1.O RD INANC E NO . 937, AM E ND I NG B E L L G ARD E NS M UNIC IPAL C O D E T I T L E 9 (ZO NI NG AND P L ANNING RE G UL AT IO NS) T O E X PAND D E F I NI T I O NS O F

AUT O M O B I L E B O D Y S HO P AND RE PAI R US E S AND AD D P RO V I S I O NS F O R

AUT O M O B I L E S T O RAG E
I ntroduction and f irst reading of Ordinance No. 937, amending Title 17, Z oning C ode, of the Bell Gardens Municipal Code to accommodate vehicle parking/storage for automobile repair f acilities as stand-alone parking lots when in connection to, or in the vicinity of, automobile repair f acilities.

Recommendation:

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

1. Conduct a duly noticed public hearing;

2. Waive f ull reading and introduce Ordinance No. 937 (E xhibit 1) by title only, amending Title 9 (Z oning and P lanning Regulations) of the Bell Gardens Municipal Code (“B G MC”); and

3. F ind the proposed ordinance is exempt f rom the provisions of the C alif ornia 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 6:09 p.m.

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

11Exhibit 1

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 support of the item.

Mayor F rancis de L eon S anchez closed the public hearing at 6:28 p.m.

A motion was made by Mayor F rancis de L eon Sanchez, seconded by C ouncilmember Maria P ulido to approve staf f '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

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 oath of office.

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.

Bruce C row spoke regarding item number 11.

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

C O NS E NT C AL E ND AR (Item Nos. 2 - 13)
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 - 13.

T he motion carried 5-0 with the f ollowing vote f or I tem Nos. 2 - 13:

12Exhibit 1

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 INUT E S O F S E P T E M B E R 25, 2023 C IT Y / S UC C E S S O R AG E NC Y J O I NT

M E E T I NG S
A pprove the minutes of the September 25, 2023 C ity/Successor Agency J oint Meetings.

Recommendation:

I t is staf f 's recommendation that the C ity Council approve the minutes of the S eptember 25, 2023 City/S uccessor A gency J oint Meeting.

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

Recommendation:

I t is staff's recommendation that the C ity C ouncil receive and f ile the warrant registers, wire transfers, and net payrolls dated 08/30/23, 09/07/23, 09/12/23 and 09/19/23.

5.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. 13Exhibit 1

Recommendation:

I t is staf f 's recommendation that the S uccessor A gency Members receive and f ile the warrant registers dated 09/12/23 and 09/19/23.

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

Recommendation:

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

Cesar Mejia v. C ity of Bell Gardens (D O E 7/11/2023; D O R 7/11/2023) Ruben Martinez v. City of B ell Gardens (D O E 6/27/2023; D O R 6/27/2023) Verny Omar Garcia v. City of B ell Gardens (D O E 7/25/2023; D O R 7/26/2023)

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

7.A RE S O L UT I O N AP P RO V ING A RE IM B URS E M E NT AG RE E M E NT WIT H T HE

C AL I F O RNIA S TAT E WAT E R RE S O URC E S C O NT RO L B O ARD A pproval of a Reimbursement A greement between the S tate Regional Water Quality Control B oard and the City of Bell Gardens f or required review and recommendations pertaining to the investigation and cleanup of the contaminated former Berk Oil and Pacific Metal Craft property located at 5600-5636 Shull Street (“Subject Site”) as funded through the Department of Toxic Substances Control (D T S C ) Equitable Communities R evitalization Grant (E C R G).

Recommendation:

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

1. A pprove a Reimbursement Agreement with the California S tate Water Resources Control B oard (“S W R C B ”) f or their review and recommendations pertaining to the investigation and cleanup of the contaminated former Berk Oil and P acif ic Metal C raf t property located at 5600-5636 Shull S treet (“S ubject S ite”), subject to City Attorney approval, as to form; and

2. A dopt a resolution authorizing the C ity Manager to execute a Reimbursement Agreement with S W R C B .

R esolution No. 2023-81 was approved.

8.RE S O L UT IO N AP P RO V ING A S I X T H AM E ND M E NT T O T HE B E L L G ARD E NS

M ARK E T P L AC E G RO UND L E AS E E X E RC IS ING A F IRS T E X T E NS I O N O F T HE L E AS E T E RM O P T IO N F O R AN AD D IT IO NAL T E N (10) Y E ARS S ixth Amendment to the B ell Gardens Marketplace Ground L ease between the City of Bell Gardens and Prime / F R I T B ell Gardens, L L C exercising a f irst extension of the lease term option f or an additional ten (10) years.

Recommendation:

I t is staff's recommendation that the C ity Council adopt a R esolution approving a Sixth A mendment 14Exhibit 1

to the B ell Gardens Marketplace Ground L ease between the City of B ell Gardens and P rime / F R I T Bell Gardens, L L C exercising a first extension of the lease term f or an additional ten (10) years.

R esolution No. 2023-82 was approved.

9.C O NS ID E RAT I O N O F A RE S O L UT IO N AUT HO RIZING AC C E P TANC E O F T HE

C AL I F O RNIA D E PART M E NT O F T RANS P O RTAT IO N S US TAI NAB L E

T RANS P O RTAT I O N P L ANNI NG G RANT F UND I NG
Consideration of a resolution authorizing acceptance of the California D epartment of Transportation S ustainable Transportation P lanning Grant f unding.

Recommendation:

I t is staf f 's recommendation that the City Council adopt a Resolution authorizing acceptance of the California D epartment of Transportation S ustainable Transportation P lanning Grant f unding.

R esolution No. 2023-83 was approved.

10.AD O P T IO N O F RE S O L UT IO N AUT HO RIZING T HE T E RM I NAT I O N O F E C O-RAP ID

T RANS I T (E RT )
E co-R apid Transit (“E RT ”) is a J oint Powers A uthority f ormed in 2003 to pursue development of a transit system along the Gateway C ities Corridor. T he C ity of Bell Gardens (“C ity”) became a member of E RT on S eptember 24, 2012. I n part due to E RT ’s advocacy, L os A ngeles County Metropolitan Transportation A uthority (“L A Metro”) has resolved to develop the West Santa A na B ranch Transit C orridor (“W S A B”) project – a light rail transit line that will connect southeast L A County to downtown L os A ngeles. E RT has theref ore served its purpose. The E RT Board of Directors unanimously voted in support of the formal termination of the J oint P owers Authority on S eptember 13, 2023. E very member agency will need to f ormally adopt a resolution that authorizes its E RT representative to vote to terminate E RT at their last E RT Boarding meeting on November 8, 2023.

Recommendation:

I t is staf f 's recommendation that the City Council adopt the attached resolution which authorizes its E RT representative to vote to terminate E RT and directs the City Manager and staff to take all needed actions to complete the C ity’s withdrawal f rom E RT.

R esolution No. 2023-84 was approved.

11.AC C E P TANC E O F AB C G RANT F UND ING
T he B ell Gardens P olice Department applied f or, and has been awarded, $34,000 in grant f unding f rom the Department of A lcoholic Beverage Control. T he f unds are to be used to support enforcement and education ef f orts of alcohol abuse.

Recommendation:

I t is staf f recommendation that the City Council adopt the attached Resolution accepting funds and entering into A greement No. 23-A P P 05 with the Department of Alcoholic Beverage Control (A B C ) Grant Acceptance P rogram and appropriate these funds f or use by the B ell Gardens P olice Department.

R esolution No. 2023-85 was approved.

12.I NS TAL L AT I O N O F RE D C URB 'NO PARK ING' RE S T RIC T IO NS AD J AC E NT T O 6021 15Exhibit 1

F L O RE NC E AV E NUE
Consideration of a resolution to authorize the installation of seven (7) feet of red curb ‘no parking’ restrictions adjacent to 6021 F lorence Avenue to improve sight distance for vehicles exiting the commercial center onto J aboneria Road.

Recommendation:

I t is staf f 's recommendation that the City C ouncil adopt the attached R esolution authorizing seven (7) feet of red curb 'no parking' restrictions along the east side of J aboneria Road, north of the northerly driveway adjacent to the commercial f acility at 6021 F lorence Avenue.

R esolution No. 2023-86 was approved.

13.M E M O RAND UM O F UND E RS TAND I NG WIT H T HE L O S ANG E L E S C O UNT Y

M E T RO P O L ITAN T RANS P O RTAT IO N AUT HO RI T Y F O R C O L L E C T I NG AND

RE P O RT I NG D ATA F O R T HE NAT I O NAL T RANS IT D ATAB AS E F O R RE P O RT Y E AR 2021
Consideration of a Resolution authorizing the C ity Manager to execute the P roposition A Discretionary I ncentive Grant P rogram Memorandum of Understanding f or Collecting and Reporting D ata f or the National Transit Database for R eport Year 2021.

Recommendation:

I t is staf f ’s recommendation that the City C ouncil adopt the attached R esolution authorizing the C ity Manager to execute the Proposition A Discretionary I ncentive Grant P rogram Memorandum of Understanding f or Collecting and Reporting Data for the National Transit D atabase f or Report Year 2021.

R esolution No. 2023-87 was approved.

D I S C US S IO N (Item Nos. 14 - 15)

14.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.

A motion was made by Councilmember Gabriela G omez, seconded by Councilmember Marco Barcena to appoint R aul Velasco to the Traffic and S af ety Commission.

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

A motion was made by Councilmember Maria Pulido, seconded by Mayor F rancis de L eon S anchez to remove Tony Rivera f rom 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.

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

15.UP D AT E D INV E NT O RY F O R VAC ANT AND/O R AB AND O NE D P RO P E RT Y C IT Y WID E T O I NC L UD E VAC ANT L E AS E S PAC E AND PART IAL LY VAC ANT P RO P E RT Y O V E R 5,000 S F
Discussion of updated vacant/abandoned land and/or building registration inventory with added vacant lease spaces and partially vacant property as requested by City C ouncil on S eptember 25, 2023.

Recommendation:

I t is staff's recommendation that the C ity C ouncil take one of the f ollowing actions:

1. Receive and f ile this report and take no further action;

2. Direct staff to prepare a vacant property registration ordinance for consideration at a f uture public hearing; or

3. P rovide staf f with other direction.

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

A motion was made by Mayor F rancis De L eon Sanchez, seconded by C ouncilmember Maria Pulido to receive and f ile this item.

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 S anchez adjourned the meeting at 7:04 p.m.

D aisy Gomez, C ity C lerk
Agenda posted on October 5, 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:October 23, 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 09/21/23, 09/26/23 and 10/03/23.

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

T he attached warrant registers, wire transfers, and net payrolls are for 09/21/23, 09/26/23 and 10/03/23. T he 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 09/21/23, 09/26/23 and 10/03/23 will be received and filed.

F I S C AL I M PAC T:

Wire transfer 09/21/23 1855-1859 $287,540.84
Warrant register 09/26/23 187574 - 187663 $365,836.52
T ot a l Bank $653,377.36
N et payro ll transfer 09/21/23 - $531,024.65
T otal Vouche r $1,184,402.01

Warrant register 10/03/23 187664 - 187740 $637,507.85
T otal Ba nk $637,507.85

Warrant register 10/03/23 187741 - 187745 $4,518.71
T otal Ba nk $4,518.71

Grand T ot a l Vouche rs $1,826,428.57

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:

Michael B . O'K elly, C ity Manager
18 S tephanie Vasquez, City Attorney and/or Susie A ltamirano, Assistant City Attorney Manuel Carrillo, Director of F inance and Administrative Services 19 20Exhibit 1

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

39Exhibit 1

40Exhibit 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:Gustavo R omo, Director of C ommunity Development
S UB J E C T:S E C O ND RE AD ING AND AD O P T IO N O F O RD INANC E NO. 937 (ZO NING C O D E AM E ND M E NT NO. 2023-062)
D AT E:October 23, 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. 937 to comply with Bell G ardens’ General P lan policies and programs to promote economic vitality and opportunity and compatible neighborhood development.

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

On October 09, 2023, the City Council waived the f ull reading and introduced Ordinance No. 937, by title only, that proposed to amend Title 9 of the B ell Gardens Municipal Code (“Z oning Code”) to expand the definitions of automobile body shop and automobile repair, major and minor, to include locational criteria when an automobile temporary storage and parking facility is proposed where there is no building in which activity or repair could be conducted. To accommodate f lexibility for compliance with regulations that apply to the storage of automobiles, automobiles awaiting repair, or automobiles under repair. T he ordinance proposes to clarify automobile temporary storage and parking as an accessory or primary use when connected to, or in the vicinity of, existing or proposed automobile repair f acilities. T he C ouncil indicated unanimously its intent to adopt the ordinance.

C O NC L US I O N:

Ordinance administration, implementation, and enforcement is expected to enable the Planning Commission to use discretion on authorizing uses that meet enhanced development standards, address overflow and shortfall parking concerns, and support ongoing C ode E nforcement activity to assist repair facilities in observing Zoning C ode provisions. P rovisions to accommodate automobile repair f acilities solutions would encourage compatible commercial development and challenge the limitation of saf e access to on-street parking.

F I S C AL I M PAC T:

I f approved, Ordinance No. 937 would become effective 30 calendar days from October 23, 2023. T he proposed ordinance would be incorporated into the existing Zoning C ode framework and would require staf f oversight and management. However, the application of the ordinance would occur along with other current services already provided by the Community Development Department. A portion of staf f time is recovered f rom fees to process entitlement requests. T herefore, no additional f iscal impact is anticipated.

AT TAC HM E NT S :
41 D escription
Exhibit 1 - Ordinance No. 937
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

DEFINITIONS OF AUTOMOBILE BODY SHOP AND REPAIR USES AND

ADD PROVISIONS FOR AUTOMOBILE STORAGE

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

WHEREAS, pursuant to its police power, the City may enact and enforce laws within its boundaries which promote the public health, morals, safety, or general welfare of the community, and are not in conflict with general laws;

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

WHEREAS, the General Plan’s Land Use Element Policy 3 emphasizes the City’s commitments to promote compatible commercial development to emphasize commercial identity and to enhance the appearance, potential economic vitality, and revitalization;

WHEREAS, the General Plan’s Land Use Element Policy 4 promotes the City’s encouragement to maintain and rehabilitate existing industrial uses and private investment in the City’s industrial economic base while ensuring compliance with necessary environmental requirements;

WHEREAS, the General Plan’s Land Use Element Policy 5 acknowledges the City’s support of providing an environment to stimulate local employment, property values, community stability, and the economic vitality of existing local businesses;

WHEREAS, historically, residential neighborhoods in the City of Bell Gardens adjacent to automobile body shop and repair uses have experienced limited, unattractive, and unsafe on-street parking availability;

WHEREAS, the City seeks to amend land use matrices and development standards in certain zones to minimize the impact of public, on-street parking utilization that encourages developers and businesses to design and build to incorporate compatible development for the City’s various land use categories;

WHEREAS, the proposed amendment would streamline review and processing of entitlement requests;

WHEREAS, the City finds it necessary to amend the Bell Gardens Municipal Code (“BGMC”) to add language to expand definitions for automobile body shop and repair uses and add provisions for automobile storage to address potential neighborhood 43Exhibit 1

Ordinance No. 937

2 of 7

impacts, and provide a framework for determination of compliance with applicable development standards through proposed Ordinance No. 937 (“Ordinance”) to relieve limited on-street parking availability and to express the community’s vision for long-term resilient and sustainable development;

WHEREAS, it can be seen with certainty that the action on the proposed Ordinance will cause no direct or indirect impact on the environment pursuant to the California Environmental Quality Act (“CEQA”) (Pub. Res. Code § 21000 et seq.) and the CEQA Guidelines (Cal. Code Regs., Title 14, § 15000 et seq.)

WHEREAS, pursuant to California Government Code Sections 65854 and 65090, the Planning Commission conducted a duly noticed public hearing on September 20, 2023, and considered and reviewed all facts and evidence, both written and testimonial, and all other pertinent documents pertaining to this proposed Ordinance and zoning Code amendment; and

WHEREAS, after the close of such public hearing, the Planning Commission adopted Planning Commission Resolution #2023-06 recommending to the City Council the approval of Zoning Code Amendment No 2023-062.

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

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

i. The above recitals are true and correct and incorporated. ii. Ordinance No. 937 serves the public health, safety, and welfare of the residents and businesses within the City by establishing a framework for review and determination.
iii. Ordinance No. 937 is consistent with the City’s General Plan and state law. iv. Ordinance No. 937, amending the City of Bell Gardens Municipal Code, presents no risk to the public health and safety.

SECTION 2. Bell Gardens Municipal Code Title 9, Planning and Zoning, Chapter

9.04, “Definitions,” Section 9.04.010 “A” definitions,” is amended as follows (underlining denotes additions; strikethrough denotes deletions):
“Automobile body shop” shall mean a building wherein repair to the body of an automobile takes place, including painting but excluding engine repair or other maintenance services.
44Exhibit 1

Ordinance No. 937

3 of 7

“Automobile body repair" shall mean collision repair or reconstruction of automobile or truck bodies within an enclosed building, including painting, but no work defined as “major automobile repair,” and may include outdoor storage of vehicles where no repair is done as an offsite primary use if within 500 feet of and ancillary to the repair site, excluding inoperable, impounded and salvage vehicles.
“Automobile repair, major” shall mean engine rebuilding or major reconditioning of work or damages to motor vehicles or trailers, excluding auto body/collision service, frame or fender straightening, or repair and painting of vehicles ”automobile body repair,” and may include outdoor storage of vehicles where no repair is done as an offsite primary use if within 500 feet of and ancillary to the repair site, excluding inoperable, impounded and salvage vehicles.
“Automobile repair, minor” shall mean incidental repairs, replacement of parts, motor service to automobiles, smog state inspection, but not including any operation specified under “automobile repair, major,” and may include outdoor storage of vehicles where no repair is done as an offsite primary use if within 500 feet of and ancillary to the repair site, excluding inoperable, impounded and salvage vehicles.

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

9.12.030, “Permitted land uses,” “Table 9.12A: Commercial Land Use Matrix*,” is amended as follows (underlining denotes additions):

Uses M-U
Zone
C-S
Zone
C-3
Zone
C-4
Zone
C-M
Zone Special Requirements
A: Accessory Use C: Conditional Use P: Principal Use S: Site Plan Review (PC) T: Temporary Use Automobile
general repair
P P P P Includes brake repair shops, engine and mechanical repair, muffler shops, tire repair and sales (new tires only), but excludes complete engine rebuilding, machining, or welding; all operations must be conducted within an enclosed building.

Refer to Division 4 of this title, Supplemental Development Standards 9.28.010.

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

9.14.030, “Permitted land uses,” “Table 9.14A: Industrial Land Use Matrix*,” is amended as follows (underlining denotes additions; strikethrough denotes deletions):

Uses M-1 Special Requirements
A: Accessory Use C: Conditional Use P: Principal Use S: Site Plan Review (PC) T: Temporary Use Automobile uses: Including brake repair shops, body and fender repair shops, muffler shops, paint spray booths, repair garages, radiator shops, seat covers manufacturing,
assembly, rentals, painting, and sales
P Refer to Division 3 of this title, Special
Uses; also see Footnote Nos. 1 and 2 at
end of table.

Refer to Division 4 of this title,
Supplemental Development Standards

9.28.010.
45Exhibit 1

Ordinance No. 937

4 of 7

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

9.28, “Automobile and Outdoor Storage,” Section 9.28.020 “Outdoor storage,” is amended as follows (underlining denotes additions; strikethrough denotes deletions):

9.28.020 Outdoor storage.

The maintenance of an open storage area is permitted at the rear of the property, or as a primary use that is an offsite ancillary to an automobile repair site, in connection with the operation of a business otherwise required to be within an enclosed building is permitted, provided the following standards are complied with:

G. All inspection, repair, servicing, and testing of automobiles outside of an enclosed building is prohibited.

SECTION 6. 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”, Items 2 and 3 (Commercial Uses and Industrial Uses, respectively) of part C (Parking and Loading Facilities Matrix) is amended and enacted to add the standard as follows:

Use Parking Spaces or Facilities Required

2. Commercial Uses
Automobile general repair 1. One parking space for each two employees on the largest shift or for each 250 square feet of floor area, whichever is greater;

2. One parking space for each vehicle operated or kept in connection with the use;

3. One parking space for each 1,000 square feet of open area devoted to automobile storage; provided, however, that where such area exceeds 10,000 square feet, only one parking space need be provided for each 5,000 square feet of such area in excess of the first 10,000 square feet contained in such area, or one space for each two employees, whichever is greater.

3. Industrial Uses
Automobile uses: Including brake repair
shops, body and fender repair shops,
muffler shops, paint spray booths, repair
garages, radiator shops, seat covers
manufacturing, assembly, rentals, painting,
and sales

1. One parking space for each two employees on the largest shift or for each 250 square feet of floor area, whichever is greater;

2. One parking space for each vehicle operated or kept in connection with the use;
46Exhibit 1

Ordinance No. 937

5 of 7

Use Parking Spaces or Facilities Required

SECTION 7. Compliance with California Environmental Quality Act. The City Council finds that Ordinance No. 937 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 8. 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 9. The City Clerk shall certify to the passage and adoption of this Ordinance and shall cause this Ordinance to be published or posted as required by law, which shall take full force and effect thirty (30) days from its adoption.

PASSED, APPROVED AND ADOPTED this 23rd day of October, 2023.

THE CITY OF BELL GARDENS

47Exhibit 1

Ordinance No. 937

6 of 7

__________________________________
Francis De León Sanchez, Mayor

APPROVED AS TO FORM: ATTEST:

________________________________ ________________________________ Stephanie Vasquez Daisy Gomez City Attorney City Clerk

I, _____________________, City Clerk of the City of Bell Gardens, hereby CERTIFY that Ordinance No. ________was introduced and placed upon its first reading at a regular meeting of the Bell Gardens City Council held on __________________________and that thereafter said ordinance was duly adopted at a regular meeting of the Bell Gardens City Council held on _________________________ and was approved and passed by the following vote:

AYES:
48Exhibit 1

Ordinance No. 937

7 of 7

NOES:

ABSTAIN:

ABSENT:

______________________________
Daisy Gomez, City Clerk

49Exhibit 1

CIT Y OF BE LL GARDENS

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

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

T O:Honorable Mayor and C ity C ouncil Members
F RO M : Michael B. O'Kelly, City Manager
B Y:Gustavo R omo, Community D evelopment Director
S UB J E C T:A RE S O L UT I O N O F T HE C IT Y C O UNC IL O F T HE C I T Y O F B E L L G ARD E NS

AP P RO V ING A P RO F E S S I O NAL S E RV I C E S AG RE E M E NT B E T WE E N T HE C I T Y O F B E L L G ARD E NS AND S AE S HE , I NC. F O R B RO AD B AND AF F O RD AB L E

C O NNE C T IV IT Y P RO G RAM O UT RE AC H C O NS ULTAT I O N S E RV I C E S D AT E:October 23, 2023
RE C O M M E ND AT IO N:

I t is staf f 's recommendation that the City Council adopt the attached resolution approving a P rofessional S ervices Agreement with S A E S HE , I nc. (S A E S HE ), f or the broadband A f f ordable Connectivity P rogram Outreach (A C P O) consultation services.

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

On August 14, 2020, Governor Gavin Newsom signed Executive Order 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 Broadband Action 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 offers.

I n A ugust of 2022, the F ederal C ommunication Commission (F C C ) adopted an order establishing the A C P O grant to f acilitate the promotion, awareness, and participation in the program among eligible households. T he program is an F C C benef it program that helps ensure that households can afford the broadband they need f or work, school, healthcare and more to help households struggling to pay for I nternet service. The F C C has made provisions f or mobilizing people and organizations to help raise program awareness.

I n November of 2022, the F C C released a Notice of Funding Opportunity (NO F O) f or the A C P O. T he program continues to play an integral role in helping bridge the broadband affordability gap. On March 23, 2023, the C ity was awarded grant funding to implement innovative strategies to reach historically underserved and unserved residents and on September 25, 2023, the C ity C ouncil authorized acceptance of the award.

Many homes in Bell Gardens 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 by f acilitating conversion of program mobile connections to in- home broadband connections. Broadband affordable connectivity can save time, energy, and money for residents while helping them bridge the economic and digital divides. T he C ity is also committed to helping students obtain the highest-quality education possible and understands the ability to learn and prepare for higher education is signif icantly enhanced when schools incorporate digital literacy and high-speed I nternet connectivity into curricula.

T he availability of broadband and computing devices both at school and in homes are critical to learning f or 50 academic achievement.

E VAL UAT I O N O F C O NS ULTANT P RO P O S AL S
Staf f issued a R equest for P roposals for city wide outreach of the A f f ordable Connectivity P rogram. Upon review of the received proposals, S taff is recommending the selection of S A E S HE based on subject experience, qualif ications, cost, and previous experience with the F C C and af f ordable connectivity programs.

S A E S HE has developed a responsive action plan to connect the community to available providers in our area. I f selected, S A E S HE anticipates immediately commencing collaboration with City staf f to understand the needs of the Bell Gardens residents and establish appropriate outreach and efforts based on this analysis which are anticipated to be completed by December 31, 2025.

C O NC L US I O N:

On S eptember 25, 2023, City Council authorized acceptance of the F C C grant f unding that would allow the C ity to recover costs associated with the deployment of a public education and awareness campaign to target unserved and underserved residents, reach eligible households, partner with community-based organizations, and convert mobile access to high-speed home internet connections.

S A E S HE has twenty-f ive years of experience working in the digital realm and most recently with several S outhern C alif ornia A ssociation of G overnments (S C A G) municipalities throughout the region and S C A G itself . S A E S HE is poised to assist C ity staff with implementing meaningful program outreach to increase broadband af f ordability awareness, dispel myths, and promote participation in the F C C’s program.

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 through media and in- person events with the help of consultants and experts in the field. T he consulting services proposed to be provided by S A E S HE are anticipated to total $285,000 f or the tasks identif ied in the R F P. No appropriations are anticipated for the consulting or professional services associated with the tasks of working closely with staf f and the community for public engagement and further action by the City C ouncil is not needed since the remaining grant funding of $15,000, af ter ef f ective promotion and benef it usage, could cover costs f or staff time.

AT TAC HM E NT S :

D escription
Exhibit 1 - Resolution No. 2023-88
Exhibit 2 - S A E S HE P S A
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 APPROVING A PROFESSIONAL SERVICES AGREEMENT
BY AND BETWEEN THE CITY OF BELL GARDENS AND SAESHE, INC.

WHEREAS, the City of Bell Gardens (“City”) requires City-wide consulting services to participate in the Affordable Connectivity Program Outreach (ACPO) established by the United States Federal Communication Commission (FCC);

WHEREAS, the City issued a Request for Proposals (RFP) for city wide Affordable Connectivity Program Outreach in accordance with the City’s Purchasing Policies and State Law;

WHEREAS, SAESHE, Inc. represents that it is fully qualified to perform such professional services by virtue of its experience, training, education, and expertise; and

WHEREAS, the City desires to enter into a Professional Services Agreement with SAESHE, Inc.

NOW, THEREFORE, THE CITY COUNCIL OF THE CITY OF BELL GARDENS DOES RESOLVE, DECLARE, DETERMINE AND ORDER AS FOLLOWS:

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

SECTION 2. The City Council approves a Professional Services Agreement with SAESHE, Inc. and authorizes and directs the City Manager to execute the Professional Services Agreement attached as Exhibit 2 to the staff report.

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 Professional Services Agreement, including any amendments, extensions, and other documents consistent with the Professional Services Agreement and this Resolution.

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

[Signatures on the following page]
52Exhibit 1

Resolution No. 2023-88
2 of 3

PASSED, APPROVED AND ADOPTED this 23rd day of October 2023.

THE CITY OF BELL GARDENS

_____________________________
Francis De Leon Sanchez, Mayor

APPROVED AS TO FORM: ATTEST:

______________________________ ________________________________ Stephanie Vasquez Daisy Gomez
City Attorney City Clerk

53Exhibit 1

Resolution No. 2023-88
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:

54Exhibit 1

1 2023

PROFESSIONAL SERVICES AGREEMENT
(Engagement: Citywide Affordable Connectivity Program Outreach) (Parties: SAESHE, Inc. and City of Bell Gardens)

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

RECITALS

WHEREAS, CITY requires professional consulting services related to the citywide outreach for the affordable connectivity program; and

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

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

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

ENGAGEMENT TERMS

1.1 PROSECUTION OF WORK:

A. Subject to the terms and conditions of this Agreement, CONSULTANT agrees to provide the services and tasks described in that certain Request for Proposals of CITY entitled “Request for Proposals The Bell Gardens Affordable Connectivity Program Outreach (ACPO) City Wide” (hereinafter, “CITY RFP”) dated June 26, 2023, and the written proposal of CONSULTANT entitled “A Proposal for the Bell Gardens Affordable Connectivity Program Outreach (ACPO) City Wide” (hereinafter, the “CONSULTANT PROPOSAL”) dated July 10, 2023. The CITY RFP and the CONSULTANT PROPOSAL are attached and incorporated hereto as Exhibit “A” and “B” respectively. The term “Scope of Work” shall be a collective reference to the CITY RFP and the CONSULTANT PROPOSAL.

The capitalized term “Work” shall be a collective reference to all the various services and tasks referenced in the Scope of Work. In the event of any conflict or inconsistency between the provisions of the docum ent entitled CITY RFP and the provisions of the document entitled CONSULTANT 55Exhibit 2

2 PROPOSAL, the requirements of the document entitled CITY RFP shall govern and control but only to the extent of the conflict or inconsistency and no further. In the event of any conflict or inconsistency between the provisions of the Scope of Work and the provisions of this Agreement to which the Scope of Work is attached, the provisions of this Agreement shall govern and control.

1.2 PROSECUTION OF WORK:

A. Time is of the essence of this Agreement and each and every provision contained herein. CONSULTANT shall complete the various tasks identified in the Scope of Work within the timeframes set forth in the Scope of Work and shall complete all of the Work by or before December 31, 2025 (the “Completion Date”).

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

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

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

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

1.3 COMPENSATION: CONSULTANT shall perform the Work in accordance with the “Cost and Pricing” found in the CONSULTANT PROPOSAL. The foregoing notwithstanding, CONSULTANT’s total compensation for the performance of all Work contemplated under this Agreement, will not exceed the total budgeted aggregate sum of TWO HUNDRED EIGHTY-FIVE THOUSAND DOLLARS ($285,000) (hereinafter, the “Not-to-Exceed Sum”) during the prosecution of this Agreement, unless such added expenditure is first approved by the City Council.

In the event CONSULTANT’s charges are projected to exceed the Not-to-Exceed Sum prior to the expiration of this Agreement, CITY may suspend CONSULTANT’s performance pending CITY approval of any anticipated ex penditures in excess of the Not-to-Exceed Sum or any other CITY approved amendment to the compensation terms of this Agreement.

1.4 PAYMENT OF COMPENSATION: Following the conclusion of the work requested in Section 1.1, CONSULTANT shall submit to CITY an itemized invoice indicating the services performed and tasks completed during the recently concluded calendar month, including services and tasks performed and the reimbursable out - of-pocket expenses incurred. If the amount of CONSULTANT’s compensation is a function of hours worked by CONSULTANT’s personnel, the invoice should indicate the number of hours worked, the persons responsible for performing the Work, the rate of compensation at which such services and tasks were performed, 56Exhibit 2

3 the subtotal for each task and service performed and a grand total for all services performed. Within thirty (30) calendar days of receipt of each invoice, CITY will notify CONSULTANT in writing of any disputed amounts included in the invoice.

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

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

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

II.

PERFORMANCE OF AGREEMENT

2.1 CITY’S REPRESENTATIVE: The CITY hereby designates Gustavo Romo, Director of Community Development (hereinafter, the “City Representative”) to act as its representative for the performance of this Agreement. The City Representative or their designee will act on behalf of the CITY for all purposes under this Agreement. CONSULTANT will not accept directions or orders from any person other than the City Representative or their designee.

2.2 CONSULTANT REPRESENTATIVE: CONSULTANT hereby designates Young Yu, President, to act as its representative for the performance of this Agreement (hereinafter, “Consultant Representative”). Consultant Representative will have full authority to represent and act on behalf of the CONSULTANT for all purposes under this Agreement. Consultant Representative or their designee will supervise and direct the performance of the Work, using their best skill and attention, and will be responsible for all means, methods, techniques, sequences and procedures and for the satisfactory coordination of all portions of the Work under this Agreement. Notice to the Consultant Representative will constitute notice to CONSULTANT.

57Exhibit 2

4 2.3 COORDINATION OF SERVICE; CONFORMANCE WITH REQUIREMENTS:

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

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

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

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

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

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

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

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

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

The Parties acknowledge and agree that CONSULTANT will perform, at CONSULTANT’s own cost and expense and without any reimbursement from 58Exhibit 2

5 CITY, any services necessary to correct any errors or omissions caused by CONSULTANT’s failure to comply with the standard of care set forth under this Section or by any like failure on the part of CONSULTANT’s employees, agents, contractors, subcontractors and subconsultants. Such effort by CONSULTANT to correct any errors or omissions will be commenced immediately upon their discovery by either Party and will be completed within seven (7) calendar days from the date of discovery or such other extended period of time authorized by the City Representative in writing and in their sole and absolute discretion. The Parties acknowledge and agree that CITY’s acceptance of any work performed by CONSULTANT or on CONSULTANT’s behalf will not constitute a release of any deficiency or delay in performance. The Parties further acknowledge, understand and agree that CITY has relied upon the foregoing representations of CONSULTANT, including but not limited to the representation that CONSULTANT possesses the skills, training, knowledge and experience necessary to perform the Work skillfully, competently and to the highest standards of CONSULTANT’s profession.

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

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

6 such work does not unduly interfere with CONSULTANT’s competent and timely performance of the Work contemplated under this Agreement and provided the performance of such services does not result in the unauthorized disclosure of CITY’s confidential or proprietary information. Any additional personnel performing the Work under this Agreement on behalf of CONSULTANT are not employees of CITY and will at all times be under CONSULTANT’s exclusive direction and control. CONSULTANT will pay all wages, salaries and other amounts due to such personnel and will assume responsibility for all benefits, payroll taxes, Social Security and Medicare payments and the like. CONSULTANT will be responsible for all reports and obligations respecting such additional personnel, including, but not limited to: Social Security taxes, income tax withholding, unemployment insurance, disability insurance, workers’ compensation insurance and the like.

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

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

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

2.11 INDEPENDENT CONTRACTOR STATUS: The Parties acknowledge, understand and agree that CONSULTANT and all persons retained or employed by CONSULTANT are, and will at all times remain, wholly independent contractors and are not officials, officers, employees, departments or subdivisions of CITY.

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

CONSULTANT and all persons retained or employed by CONSULTANT will have no authority, express or implied, to bind CITY in any manner, nor to incur any obligation, debt or liability of any kind on behalf of, or against, CITY, whether by contract or otherwise, unless such authority is expressly conferred to CONSULTANT under this Agreement or is otherwise expressly conferred by CITY in writing.
60Exhibit 2

7 III.

INSURANCE

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

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

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

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

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

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

8 insurers who, according to the latest edition of the Best’s Insurance Guide, have an A.M. Best’s rating of no less than A:VII. CITY may also accept policies procured by insurance carriers with a Standard & Poor’s rating of no less than BBB according to the latest published edition the Standard & Poor’s rating guide. As to Workers’ Compensation Insurance/ Employer’s Liability Insurance, the CITY Representative is authorized to authorize lower ratings than those set forth in this Section.

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

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

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

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

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

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

62Exhibit 2

9 IV.

INDEMNIFICATION

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

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

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

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

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

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

10 to be fully responsible and indemnify, hold harmless and defend CITY and CITY’s elected and appointed officials, officers, employees, agents, and volun teers from and against any and all claims and losses, costs or expenses for any damage due to death or injury to any person and injury to any property resulting from any alleged intentional, reckless, negligent, or otherwise wrongful acts, errors or omissions of CONSULTANT’s subcontractors or any other person or entity involved by, for, with or on behalf of CONSULTANT in the performance of this Agreement. Such costs and expenses shall include reasonable attorneys’ fees incurred by counsel of CITY’s choice.

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

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

TERMINATION

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

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

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

5.2 EVENTS OF DEFAULT; BREACH OF AGREEMENT:

11 the defaulting Party (hereinafter referred to as a “Default Notice”) which will specify: (i) the nature of the Event of Default; (ii) the action required to cure the Event of Default; (iii) a date by which the Event of Default will be cured, which will not be less than the applicable cure period set forth under Sections 5.2(B) and 5.2(C)a, below, or if a cure is not reasonably possible within the applicable cure period, to begin such cure and diligently prosecute such cure to completion. The Event of Default will constitute a breach of this Agreement if the defaulting Party fails to cure the Event of Default within the applicable cure period or any extended cure period allowed under this Agreement.

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

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

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

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

In addition to any other failure on the part of CONSULTANT to perform any duty, obligation, service or task set forth under this Agreement (or the failure to timely perform or properly perform any such duty, obligation, service or task), an Event of Default on the part of CONSULTANT will include, but will not be limited to the following: (i) CONSULTANT’s refusal or failure to perform any of the services or tasks called for under the Scope of Work; (ii) CONSULTANT’s failure to fulfill or perform its obligations under this Agreement within the specified time or if no time is specified, within a reasonable time; (iii) CONSULTANT’s and/or its employees’ disregard or violation of any federal, state, local law, rule, procedure or regulation; (iv) 65Exhibit 2

12 the initiation of proceedings under any bankruptcy, insolvency, receivership, reorganization, or similar legislation as relates to CONSULTANT, whether voluntary of involuntary; (v) CONSULTANT’s refusal or failure to perform or observe any covenant, condition, obligation or provision of this Agreement; and/or (vii) CITY’s discovery that a statement representation or warranty by CONSULTANT relating to this Agreement is false, misleading or erroneous in any material respect.

C. CITY will cure any Event of Default asserted by CONSULTANT within forty- five (45) calendar days of CONSULTANT’s issuance of a Default Notice, unless the Event of Default cannot reasonably be cured within the 45-day cure period. Prior to the expiration of the 45-day cure period, CITY may submit a written request for additional time to cure the Event of Default upon a showing that CITY has commenced its efforts to cure the Event of Default and that the Event of Default cannot be reasonably cured within the 45-day cure period. The foregoing notwithstanding, an Event of Default dealing with CITY’s failure to timely pay any undisputed sums to CONSULTANT as provided under Section 1.4, above, will be cured by CITY within five (5) calendar days from the date of CONSULTANT’s Default Notice to CITY.

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

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

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

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

i. Upon written notice to CONSULTANT, the CITY may immediately terminate this Agreement in whole or in part;
66Exhibit 2

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

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

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

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

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

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

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

VI.

MISCELLANEOUS PROVISIONS

6.1 DOCUMENTS & DATA; LICENSING OF INTELLECTUAL PROPERTY: All Documents and Data will be and remain the property of CITY without restriction or limitation upon their use or dissemination by CITY. For purposes of this Agreement, the term “Documents and Data” means and includes all reports, analyses, correspondence, plans, designs, notes, summaries, strategies, charts, schedules, spreadsheets, calculations, lists, data compilations, documents or other materials developed and/or assembled by or on behalf of CONSULTANT in the performance of this Agreement and fixed in any tangible medium of expression, including but not limited to Documents and Data stored digitally, magnetically and/or electronically. This Agreement creates, at no cost to CITY, a perpetual license for CITY to copy, use, reuse, disseminate and/or retain any and all copyrights, designs, and other intellectual property embodied in all Documents and Data. CONSULTANT will require all subcontractors and subconsultants working on behalf of CONSULTANT in the performance of this Agreement to agree in 67Exhibit 2

14 writing that CITY will be granted the same right to copy, use, reuse, disseminate and retain Documents and Data prepared or assembled by any subcontractor or subconsultant as applies to Documents and Data prepared by CONSULTANT in the performance of this Agreement.

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

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

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

CONSULTANT: CITY:

SASHE, Inc.
1055 West 7th Street
Suite 2150
Los Angeles, CA 90017
Attn: Young Yu, President
Phone: 213-683-2108

City of Bell Gardens
7100 S. Garfield Avenue
Bell Gardens, CA 90201
Attn: Gustavo Romo, Director of
Community Development
Department
Phone: 562-806-7700

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

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

6.6 SUBCONTRACTING: CONSULTANT will not subcontract any portion of the Work required by this Agreement, except as expressly stated herein, without the prior written approval of CITY. Subcontracts (including without limitation subcontracts with subconsultants), if any, will contain a provision making them subject to all 68Exhibit 2

15 provisions stipulated in this Agreement, including provisions relating to insurance requirements and indemnification.

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

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

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

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

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

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

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

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

69Exhibit 2

16 6.15 SEVERABILITY: If any portion of this Agreement is declared invalid, illegal, or otherwise unenforceable by a court of competent jurisdiction, the remaining provisions will continue in full force and effect.

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

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

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

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

6.16, above.

6.20 FORCE MAJEURE: The Term shall be extended in the event of any delays due to unforeseeable causes beyond the control of CONSULTANT and without the fault or negligence of CONSULTANT, including but not limited to severe weather, fires, earthquakes, floods, epidemics, quarantine restrictions, riots, strikes, freight embargoes, wars, litigation, and/or acts of any governmental agency, including the CITY, if the CONSULTANT shall within three (3) calendar days of the commencement of such delay notify the City Representative in writing of the causes of the delay. The City Representative shall ascertain the facts and the extent of delay, and extend the time for performing the services for the period of the enforced delay when and if in the judgment of the City Representative such delay is justified. The City Representative’s determination shall be final and conclusive upon the parties to this Agreement. In no event shall CONSULTANT be entitled to recover damages against the CITY for any delay in the performance of this Agreement, however caused, CONSULTANT’s sole remedy being extension of the Agreement pursuant to this Section.

6.21 COUNTERPARTS: This Agreement 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. No handwritten or typewritten amendment, modification or supplement to any one counterpart will be 70Exhibit 2

17 valid or binding unless made to all three counterparts in conformity with Section

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

(SIGNATURES ON NEXT PAGE)
71Exhibit 2

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

CITY OF BELL GARDENS:

By:_______________________________

Name:____________________________

Title:____________________

Date:_____________________

APPROVED AS TO FORM:

By:____________________________
Stephanie Vasquez, City Attorney

SAESHE, INC.:

By:_______________________________

Name:____________________________

Title:____________________

Date:_____________________

72Exhibit 2

19 EXHIBIT “A”

CITY RFP

73Exhibit 2

REQUEST FOR PROPOSALS
The Bell Gardens
Affordable Connectivity Program Outreach
(ACPO)
City Wide

RFP Release Date
Monday, June 26, 2023

Proposal Submittal Deadline
5:00 p.m., Monday, July 10, 2023

Contact Person:

Steven Jones, City Planner
City of Bell Gardens
7100 Garfield Avenue
Bell Gardens, CA 90201
(562) 806-7700
[email protected]

7100 Garfield Avenue • Bell Gardens, CA 90201 • (562) 806-7700 • www.bellgardens.org74Exhibit 2

TABLE OF CONTENTS.................................................. 2 INTRODUCTION....................................................... 3 SUBMITTAL PROCEDURES/DEADLINE...................................... 3 DEFINITIONS, TERMS, AND CONDITIONS................................. 4 BACKGROUND......................................................... 6 SCOPE OF SERVICES.................................................. 7 PROPOSAL FORMAT AND CONTENT REQUIREMENTS........................... 9 EVALUATION CRITERIA............................................... 11 SAMPLE PROFESSIONAL SERVICES AGREEMENT............................ 13

TABLE OF CONTENTS
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The City of Bell Gardens (“City”) is seeking a qualified consultant with proven expertise to submit a proposal to provide and implement an effective and comprehensive public education campaign for the Affordable Connectivity Program (“ACP”). The campaign’s focus is on bridging the digital divide and ensuring that underserved communities have access to affordable internet services. The selected consultant will be responsible for developing and executing strategies to reach the target audience , coordinate stakeholder outreach, create an ACP application portal, organize in-person enrollment events, implement a media campaign, collaborate with internet service providers (“ISPs”), and produce informational and advertising materials.

It is the intent of the City to select a single consultant to accomplish and/or supply all services outlined in this 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 Consultant who in the judgment of the City has presented an optimal balance of relevant e xperience, 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.

An electronic version shall be emailed to [email protected] and [email protected] no later than 5:00 p.m. on Monday, July 10, 2023. Additionally, three hard copy sets of the proposal (two (2) bound, one (1) unbound) shall be postmarked no later than 5:00 p.m. on Monday, July 10, 2023, to the City Clerk’s Office. The electronic version of the proposal must be an exact duplicate of the hard copies and the subject line must read “The Bell Gardens Affordable Connectivity Program Outreach.” 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.

Postmarks by this date are unacceptable and no facsimiles will be accepted. Please mail or deliver your response in a sealed envelope with “The Bell Gardens Affordable Connectivity Program Outreach” written below the address label and addressed as follows:

City Clerk’s Office
Attention: Daisy Gomez, City Clerk
ACP Outreach RFP Response

INTRODUCTION

SUBMITTAL PROCEDURES/DEADLINE
76Exhibit 2

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City of Bell Gardens
7100 Garfield Avenue
Bell Gardens, CA 90201

Questions and Inquiries

To ensure a fair and objective RFP process and evaluation, all questions and inquiries related to this RFP shall be addressed in writing to Steven Jones, City Planner, at [email protected]. The deadline for written questions and inquiries is Monday, July 3, 2023. City Hall is open Monday through Thursday from 7:30 AM to 6:00 PM.

The tentative schedule for this RFP is as follows:

Release of RFP Date
Deadline for Q&A Written Submittals Monday, July 3, 2023 Virtual Meeting Question and Answer Session Wednesday, July 05, 2023 Proposal Submission Deadline Monday, July 10, 2023
Interviews for Qualified Consultants Thursday, July 13, 2023 Tentative City Council Consultant selected/Agreement Approval Monday, August 14, 2023

Definitions: To simplify and clarify the language throughout this RFP, the following definitions shall apply:

CITY COUNCIL: The elected officials of the City of Bell Gardens, who have been given the authority to exercise such powers and jurisdiction on all City business as conferred by the State Constitution and the City of Bell Gardens Municipal Code.

AGREEMENT: An agreement between the City and the selected consultant to furnish professional services over a designated period (such as the sample form attached as Exhibit A).

CONSULTANT: Organization, firm or individual offering a proposal in response to this RFP.

Proposal General Terms and Conditions:

Electronic Documents
Consultants may be supplied with the original RFP documents in electronic form to aid in the preparation of proposal(s). By accepting these electronic documents, each Consultant agrees not to edit or change the language or format of these documents. Submission of a proposal by Consultants signifies full agreement with this requirement.

Receipt of Proposals
Submitted proposal(s) must be properly addressed and received by the City prior to the date and time specified. The mere fact that the proposal was dispatched will not be considered; the

DEFINITIONS, TERMS, AND CONDITIONS

77Exhibit 2

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Consultant must ensure that the proposal is delivered.

Proposals received after the date and time specified shall be returned and will be considered void and unacceptable. The City is not responsible for the lateness of the mail carrier, etc.; and the time/date stamp of receipt by the City Clerk’s Office shall be the official time of receipt.

Alterations
Proposal documents cannot be physically altered or amended after the closing date. Alterations made before closing must be initialed by the Consultant to guarantee authenticity. Proposals may not be withdrawn after the proposal closing date, and each Consultant agrees to this stipulation upon submittal of its proposal. However, all proposals are subject to negotiation before an agreement is awarded as further described below.

Communication
The City shall not be responsible for any verbal communication between any employee of the City and any proposed Consultant. Only written requirements and qualifications will be considered.

No oral statement of any person shall modify or otherwise change, or affect the terms, conditions, or specifications stated in the resulting contract .

Reservations
The City reserves the right to reject any and all proposals received as a result of this RFP. 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 Consultant 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(s) is best for the City . The City reserves the right to cancel or modify this RFP. There is no guarantee that the City will award an Agreement.

Reimbursements
The Consultant shall be solely and exclusively responsible for all costs incurred in connection with the preparation and submission of the proposals; demonstrations; interviews; preparation of responses to questions and requests for additional information; for contract discussions; or for anything in any way related to this RFP . The City is not liable for any costs incurred by a proposer in response to this RFP. Whether or not a Consultant is awarded an Agreement pursuant to this RFP, no proposer shall be entitled to reimbursement for any costs or expenses associated with the Consultant’s participation in this RFP process.

Certification
Any proposal that does not contain all the information requested in this RFP will be considered incomplete and may be rejected by the City.

Funding
The City operates and is funded on a fiscal yearly basis. Accordingly, the City reserves the right to terminate, without any liability, any Agreement for which funding is not available.

78Exhibit 2

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Negotiations
Negotiations may be conducted with responsible Consultants who submit proposals that are reasonably susceptible of being selected. All Consultants reasonably susceptible of being selected based on criteria set forth in this RFP may be given an opportunity to make a presentation and/or interview. Although this process will ultimately result in the award of a single Agreement, the City reserves the right to negotiate an Agreement with more than one firm.

Additional Information
During the proposal evaluation process, the City reserves the right, where it may serve the City’s best interest, to request additional information or clarifications from Consultants. The City also reserves the right to investigate the qualifications of the proposed Consultant(s) as it deems appropriate.

RFP
Consultants should be aware that the RFP and the contents of the successful proposal will become a part of any subsequent contractual documents that may arise from this RFP.

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, Consultants 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, except for those elements in each proposal which are defined by the Proposer as business or trade secrets and plainly marked as “Confidential,” “Trade Secret,” or “Proprietary.” The City shall not in any way be liable or responsible for the disclosure of any such proposal or portions thereof, if they are not plainly marked as “Confidential,” “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.

Award of the Agreement
Award of the Agreement will be by the City Council at a public meeting.

The City of Bell Gardens is a General Law City governed by an elected five-member City Council that appoints the City Manager. The City has a population of approximately 39,000 in an area of 2.4 square miles and is located in the southeastern part of Los Angeles County.

August 2022, the Federal Communications Commission (“FCC”) adopted an order establishing the ACP Outreach Grant Program to facilitate the promotion, awareness, and participation in the Affordable Connectivity Program among eligible households.

BACKGROUND

79Exhibit 2

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November 2022, the FCC released a Notice of Funding Opportunity (“NOFO”) for the ACP Outreach Grant Program. The ACP 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.

The primary goal of this RFP is to solicit proposals from qualified consultants who can assist the City in implementing an effective and comprehensive public edu cation campaign for the ACP. The campaign should focus on bridging the digital divide and ensuring that underserved communities have access to affordable internet services in Bell Gardens residences. The selected consultant will be responsible for developing and executing strategies to reach the target audience, coordinate stakeholder outreach, create an ACP application portal, organize in-person enrollment events, implement a media campaign, collaborate with ISPs, and produce informational and advertising materials.

The ACP provides a discount of up to $30 per month toward internet service for eligible households and up to $75 per month per household on qualifying Tribal lands. In addition, eligible households can receive a one -time discount of up to $100 to purchase a laptop, desktop, computer, or tablet from participating providers if they contribute more than $10 and less than $50 towards the purchase price. The ACP allows for both wireline (Fiber/Cable) and wireless (5G) services. For an overview of the Affordable Connectivity Program, please visit:
https://www.fcc.gov/acp .

A household is eligible for the ACP if the household income is at or below 200% of the Federal Poverty Guidelines, or if a member of the household meets certain criteria.

The Scope of Work, as may be modified through negotiation and/or by written addendum, will be made a part of the future Agreement. Please provide brief itemized answers that correspond to each numbered section that clearly describe how your software provides this functionality. The selected Consultant will be responsible for providing the following services to the City:

Task 1: Program Strategy Development and Implementation The consultant shall organize, attend, and lead a program kick-off meeting with the City to discuss procedures, program expectations, and administrative items such as invoicing and reporting. The consultant shall work closely with the City to create a program work plan that includes strategies, approaches, and implementation methodology to successfully reach the target audience and achieve the program goals. Ongoing program coordination and progress reporting are also expected.

Task 2: Stakeholder Outreach
The consultant shall coordinate with entities conducting existing ACP outreach in

SCOPE OF SERVICES

80Exhibit 2

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Los Angeles County and identify strategic partners to engage in targeted outreach.

The consultant shall establish collaboration agreements with partners and develop a prioritized list of local agencies, community-based organizations (“CBOs), and other partners based on an established methodology.

Task 3: Community Based Organization Grantees
The consultant shall identify and secure Community Based Organizations with experience in conducting community outreach and enrollment events related to addressing the digital divide. The consultant shall manage and coordinate program activities, set milestones, and provide necessary training and support to ensure the grantees meet the program requirements.

Task 4: ACP Application Portal
The consultant shall work with the City to create an ACP landing page within the City website that simplifies the enrollment process and provides a secure way for residents to apply for the program. The landing page should be designed to accommodate multiple languages, particularly English and Spanish.

Task 5: ACP Outreach and In-Person Enrollment Events
The consultant shall collaborate with the City, partners, and CBOs to organize and implement 10 to 20 in-person enrollment events for the ACP. The consultant will be responsible for handling all event logistics, staffing, and promotional activities to ensure the success of these events.

Task 6: Media Campaign
The consultant shall develop a paid media plan to increase awareness of the ACP, drive traffic to the online application page, and promote in-person enrollment events. The media plan should include identified media outlets, associated costs, reach and frequency metrics, and a comprehensive media schedule.

Task 7: Collaboration with Internet Service Providers
The consultant will leverage existing relationships with ISPs to encourage their active participation in the City's ACP outreach program. The consultant should maintain a vendor-neutral approach while coordinating with ISPs to maximize program impact.

Task 8: Informational and Advertising Materials Production The consultant will collaborate with partners and build on existing ACP materials to develop information and advertising materials for the City's ACP campaign. These materials should be actionable, available in multiple languages, and align with the design guidelines provided by the FCC. The consultant will work closely with the 81Exhibit 2

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City throughout the production design process to ensure compliance and branding consistency.

The following instructions describe the form in which proposals must be submitted.

Responses to the following items will be used for proposal evaluation . Proposals that do not contain responses to each of the requirement items will be considered incomplete and may be rejected.

Proposal documents should provide a straightforward, concise description of the Consultant’s capabilities to satisfy the requirements of this RFP . Emphasis should be on completeness, clarity of content, and conveyance of the information requested by the City . The requirements stated do not preclude a Consultant from furnishing additional reports, functions, and costs as deemed appropriate.

The proposal must contain the following eight (8) elements describing how the Consultant will perform the assignment:

1. Transmittal Letter:
a. 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; and b) an executive summary briefly describing the proposer’s ability to perform the work requested, a history of the Consultant’s background and experience providing services.

b. Conflict of Interest Statement: The Consultant 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. Work Plan/Project Approach:
a. Include description of a) the approach and methodology to be taken in addressing the scope of work, b) a listing of the specific tasks, milestones and deliverables required to properly perform the services, and c) a timeline from inception to completion.

b. The estimated timeline for the project is approximately 18 months, starting from the contract execution date. The City expects the selected consultant to adhere to the established timeline and deliver the project milestones on schedule.

PROPOSAL FORMAT AND CONTENT REQUIREMENTS

82Exhibit 2

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3. Management and Staffing:
a. Describe the management and staffing configuration to be utilized to complete the scope of work. Describe the qualifications of staff to be assigned to the project, their title, and types and amount of equivalent experience. Resumes of all proposed personnel must be included. The proposal must indicate who will have primary responsibility for this project.

4. Minimum Qualifications, Prior Related Experience, and References a. Firms or individuals must demonstrate competence and capability to satisfactorily perform the scope of work. Proposals that do not meet the minimum qualifications will be determined nonresponsive and ineligible for award. The Proposer must provide evidence to show that members of the Proposer’s project team possess the specific qualifications, competence, experience, resources, and business integrity necessary to carry out the work under the contract as expected. Examples of evidence include, but are not limited to resumes, letters of reference, and project summaries that highlight the team’s specific experience:

i.The consultant must have at least five years of experience planning and implementing public education and outreach programs;
ii.The consultant must have at least three years of experience with broadband adoption public education campaigns; and
iii.The consultant must have at least five years of experience in multi-lingual public education campaigns.

b. A list of at least three (3) recent references, including local government agencies where a similar service is or has been provided and any private clients. Include a) the names and telephone numbers of the firm and the key managers and professionals assigned to the project, b) brief description of the project, and c) time period for the project.

5. Cost and Pricing:
a. Proposals must include staff hourly rates, plus overhead, travel and any additional project costs proposed. All items must be itemized in detail. The total project cost must be expressed as a “Not to Exceed” amount for items 1-5 under the “Scope of Services” section in this RFP.

b. In addition, an hourly fee schedule must be submitted with the proposal. If the scope of work is substantially modified, the extra cost or credit must be negotiated based on the submitted hourly rates.

83Exhibit 2

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6. Additions or Exceptions:
a. A single and separate section with the heading “ADDITIONS OR EXCEPTIONS TO THE CITY’S REQUEST FOR PROPOSAL” containing a complete and detailed description of all the Consultant’s exceptions to the provisions and conditions of the attached City standard professional services contract.

7. Pending Litigation:
a. Include an explanation and status, if in the last five years, the firm or an office or principal of the firm has been involved in any substantiated complaints, litigation, legal proceedings, or investigations by a regulatory authority.

8. Insurance:
a. Evidence of commercial liability, professional liability, and workers compensation insurance coverages must be included. Insurance requirements are listed on the sample agreement attached as Exhibit “A.”

The award of this agreement will be made to the most qualified Consultant whose proposal complies with the prescribed requirements. The City reserves the right to reject any or all proposals and to waive any technical errors, irregularities, or discrepanci es, if to do so is deemed to serve the best interests of the City . In no event will an award be made until all necessary investigations are made as to the responsibility and qualifications of the Consultant to whom it is proposed to make such an award.

Proposals will be reviewed and evaluated by the Community Development Director and City staff and ranked based on the following considerations:
• Demonstrated experience in planning and implementing public education and outreach/event programs;
• Previous involvement in broadband adoption public education campaigns ; • Experience in conducting multi-lingual public education campaigns; • Understanding of the ACP and its goals;
• Approach and methodology for achieving the program objectives; • Qualifications and expertise of the proposed project team ; and • Cost-effectiveness and reasonableness of the proposed budget .

If further clarifications or negotiations are required, on-site or virtual interviews may be conducted. Participation in these interviews will be at the expense of the Consultant(s). The interview panel will be made up of staff members or representatives from the city.

Recommendations will be forwarded to the City Council for final selection and award.

EVALUATION CRITERIA

84Exhibit 2

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Proposals failing to provide sufficient information and assurances of performance to adequately assess each category of the required services and/or failing to comply with the requirements and conditions of this RFP may not be given further consideration.

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 consultants with 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 Consultant and the City;
• Evidence of incorrect information submitted as part of the R FP; • Evidence of Consultant’s inability to successfully complete the responsibilities and obligations of the proposed scope of work; and
• Consultant’s default under any agreement, which results in termination of the Agreement.

Each proposal will be considered along with those of other responding Consultants, with respect to ability to perform effectively and efficiently those Scope of Services outlined above.

The successful Consultant 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.

Close coordination with the City is required to assure that all requirements will be met . The City reserves the right to withdraw this RFP at any time without any prior notice . Further, the City makes no representations that any Agreement will be awarded to any Consultant responding to this RFP. The City expressly reserves the right to postpone reviewing the proposals for its own convenience and to reject any or all proposals responding to this RFP without indicating any reasons for such rejection(s).
85Exhibit 2

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EXHIBIT “A”

SAMPLE PROFESSIONAL SERVICES AGREEMENT

86Exhibit 2

1 2023

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

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

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

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

ENGAGEMENT TERMS

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

1.2 SCOPE OF WORK:

A.Subject to the terms and conditions of this Agreement, CONSULTANT agrees to provide the services and tasks described in that certain Request for Proposals of CITY entitled “INSERT TITLE OF REQUEST FOR PROPOSALS” (hereinafter, “CITY RFP”) and the written proposal of CONSULTANT entitled “INSERT TITLE OF PROPOSAL” (hereinafter, the “CONSULTANT PROPOSAL”) dated INSERT DATE OF PROPOSAL. The CITY RFP and the CONSULTANT PROPOSAL are attached and
incorporated hereto as Exhibit “A” and “B” respectively. The term “Scope of Work” shall be a collective reference to the CITY RFP and the 87Exhibit 2

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

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

1.3 PROSECUTION OF WORK:

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

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

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

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

1.4 COMPENSATION: CONSULTANT shall perform the Work in accordance with “INSERT TITLE OF COMPENSATION DOCUMENT” (hereinafter, the “COMPENSATION RATE”). The foregoing notwithstanding, CONSULTANT’s total compensation for the performance of all Work contemplated under this Agreement, will not exceed the total budgeted aggregate sum of INSERT WRITTEN AMOUNT ($INSERT NUMBER) (hereinafter, the “Not-to-Exceed Sum”) during the prosecution of this Agreement, unless such added expenditure is first 88Exhibit 2

3 approved by the City Council. In the event CONSULTANT’s charges are projected to exceed the Not-to-Exceed Sum prior to the expiration of this Agreement, CITY may suspend CONSULTANT’s performance pending CITY approval of any anticipated expenditures in excess of the Not-to-Exceed Sum or any other CITY approved amendment to the compensation terms of this Agreement.

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

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

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

II.

PERFORMANCE OF AGREEMENT

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

CONSULTANT will not accept directions or orders from any person other than the 89Exhibit 2

4 City Representative or their designee.

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

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

2.3 COORDINATION OF SERVICE; CONFORMANCE WITH REQUIREMENTS:

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

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

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

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

F. All of CONSULTANT’s employees and agents possess sufficient skill, 90Exhibit 2

5 knowledge, training and experience to perform those services and tasks assigned to them by CONSULTANT; and

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

6 or refuse to perform the Services in a manner acceptable to the CITY, or who are determined by the CITY to be uncooperative, incompetent, a threat to the adequate or timely completion of the Project or a threat to the safety of persons or property, shall be promptly removed from the Project by the CONSULTANT at the request of the CITY.

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

2.10 NON-DISCRIMINATION: CONSULTANT represents that it is an equal opportunity employer and it shall not discriminate against any subconsultant, employee or applicant for employment because of race, religion, color, national origin, handicap, ancestry, sex or age. Such non-discrimination shall include, but not be limited to, all activities related to initial employment, upgrading, demotion, transfer, recruitment or recruitment advertising, layoff or termination. 92Exhibit 2

7 2.11 INDEPENDENT CONTRACTOR STATUS: The Parties acknowledge, understand and agree that CONSULTANT and all persons retained or employed by CONSULTANT are, and will at all times remain, wholly independent contractors and are not officials, officers, employees, departments or subdivisions of CITY.

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

III.

INSURANCE

93Exhibit 2

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

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

9 CITY’s written request, CONSULTANT will also provide CITY with certified copies of all required insurance policies and endorsements.

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

IV.

INDEMNIFICATION

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

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

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

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

4.8 [ONLY USE IF FOR DESIGN PROFESSIONALS]WORK OF CONSULTANT’S DESIGN PROFESSIONALS SERVICES: The duty to indemnify, defend and hold harmless as set forth under this subsection shall apply to the negligence, recklessness or willful misconduct of any individual who qualifies as a “design professional” within the meaning of subsection (c)(2) of Section 2782.8 of the California Civil Code in so far as such negligence, recklessness or willful misconduct occurs in the performance, work or activities that must be performed by a “design professional.” Subject to the limitation of the preceding sentence, to the fullest extent permitted by law, CONSULTANT shall immediately defend and indemnify and hold harmless the City Indemnities, defined above, from and against any and all liability, loss, damage, expense, cost (including without limitation 96Exhibit 2

11 reasonable attorneys’ fees, expert fees and all other costs and fees of litigation) of every nature arising out of the negligence, recklessness, or willful misconduct of CONSULTANT or any of CONSULTANT’s officers, employees, servants, agents, contractors, subcontractors or authorized volunteers or any other person or entity involved by, for, or with or on behalf of CONSULTANT in the performance of design professional services under this Agreement. The Parties understand and agree that the duty of CONSULTANT to indemnify, defend and hold harmless pursuant to this subsection includes the duty to defend as set forth in Section 2778 of the California Civil Code. CONSULTANT’s obligation to indemnify applies unless it is finally adjudicated that the liability was caused by the sole active negligence or sole willful misconduct of an indemnified party. If it is finally adjudicated that liability is caused by the comparative active negligence or willful misconduct of an indemnified party, then CONSULTANT’s indemnification obligation shall be reduced in proportion to the established comparative liability.

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

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

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

4.12 As to the duties to indemnify under Sections 4.1 and 4.2 of this Article, above, CONSULTANT agrees to obtain executed indemnity agreements with provisions 97Exhibit 2

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

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

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

TERMINATION

98Exhibit 2

13 5.2 EVENTS OF DEFAULT; BREACH OF AGREEMENT:

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

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

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

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

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

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

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

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

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

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

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

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

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

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

VI.

MISCELLANEOUS PROVISIONS

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

CONSULTANT: CITY:

INSERT CONSULTANT NAME

INSERT ADDRESS

Attn: INSERT PERSON OF

CONTACT NAME
Phone: INSERT PHONE NUMBER

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

6.5 COOPERATION; FURTHER ACTS: The Parties will fully cooperate with one another, and will take any additional acts or sign any additional documents as are 102Exhibit 2

17 reasonably necessary, appropriate or convenient to achieve the purposes of this Agreement.

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

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

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

6.13 NO THIRD-PARTY BENEFIT: There are no intended third-party beneficiaries of any right or obligation assumed by the Parties. All rights and benefits under this 103Exhibit 2

18 Agreement inure exclusively to the Parties.

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

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

6.16, above.

19 of this Agreement, however caused, CONSULTANT’s sole remedy being extension of the Agreement pursuant to this Section.

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

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

(SIGNATURES ON NEXT PAGE)
105Exhibit 2

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

CITY OF BELL GARDENS:

By:_______________________________

Name:____________________________

Title:____________________

Date:_____________________

APPROVED AS TO FORM:

By:____________________________
Rick Olivarez, City Attorney

CONSULTANT NAME:

By:_______________________________

Name:____________________________

Title:____________________

Date:_____________________

106Exhibit 2

20 EXHIBIT “B”

CONSULTANT PROPOSAL

107Exhibit 2

A Proposal for

The Bell Gardens
Affordable Connectivity
Program Outreach (ACPO)
City Wide
Submitted by

July 10, 2023
108Exhibit 2

SAESHE Response for:

The City of Bell Gardens RFP for the Affordable Connectivity Program Outreach Table of Contents

1. Transmittal Letter ……………………………………………………….……….... 02
Conflict of Interest ……………………………………………………….………….. 04

2. Work Plan/Project Approach ……………………………………………….…… 05

3. Management and Staffing
Resumes ………………………………………………….…….…………………… 25

Stafﬁng Plan ..………………………………………………….………….………… 54

4. Minimum Qualifications, Prior Related Experience, and References Firm Background ………………………………………………….…….………..… 59

5 Years Public Education and Outreach Experience ………………...……..….. 65

3 Years Broadband Adoption Public Education Experience …………..…….… 77 5 Years Multilingual Public Education Experience ……………………..………. 98 References ……………………………..…………………………………………. 100

5. Cost and Pricing …………………………………………………..……………...101

6. Additions or Exceptions ………………………………………………………...104

7. Pending Litigation …………………………………………………………..…... 105

8. Insurance ……………………...…………………………………..…………….....106
109Exhibit 2

SAESHE Response for:

The City of Bell Gardens RFP for the Affordable Connectivity Program Outreach Page 1110Exhibit 2

SAESHE Response for:

The City of Bell Gardens RFP for the Affordable Connectivity Program Outreach July 10, 2023
City of Bell Gardens
7100 Garfield Avenue
Bell Gardens, California 90201
We are pleased to present our proposal on behalf of SAESHE in response to the Request for Proposal (RFP) for assistance with achieving Aﬀordable ConnecBvity Program (ACP) goals in the City of Bell Gardens. SAESHE is a highly regarded Los Angeles-based public relaBons ﬁrm with over 15 years of experience in public educaBon and outreach programs for broadband adopBon. Our deep understanding of California communiBes and mulBcultural audiences posiBons us well to support the City of Bell Gardens in achieving its ACP objecBves.

Our proposal aims to implement a comprehensive public educaBon campaign in the City of Bell Gardens to increase awareness, dispel misconcepBons, and promote the adopBon of high- speed home internet. Through targeted digital markeBng, creaBve content producBon, strategic media planning, public relaBons iniBaBves, and thorough campaign evaluaBon, we will engage residents and empower them with the knowledge and resources needed to access aﬀordable and reliable broadband services.

SAESHE has a proven track record of success in implemenBng public educaBon campaigns and bridging the digital divide. We have partnered with prominent organizaBons and government agencies such as the California Emerging Technology Fund (CETF), LA County Internal Services Department, and Riverside County InformaBon Technology (RCIT) to narrow the digital divide and empower underserved communiBes. Our experBse in mulBcultural communicaBons and our comprehensive suite of services enable us to deliver targeted and impacVul strategies.

To further enhance our team, we are partnering with T&T Public RelaBons, a trusted collaborator of SAESHE for over a decade. T&T brings decades of experience in developing and execuBng successful public educaBon program, and their experBse will be instrumental in providing Hispanic community outreach support.

We are fully commiXed to complying with all the terms and condiBons outlined in the RFP.

With our strategic approach, experBse, and dedicaBon, we are conﬁdent that we can deliver excepBonal results for the City of Bell Gardens. Our experienced team, equipped with cuYng- edge resources, stands ready to collaborate with the city in implemenBng an impacVul ACP campaign that will transform lives and empower the community.

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SAESHE Response for:

The City of Bell Gardens RFP for the Affordable Connectivity Program Outreach

Thank you for considering SAESHE for this vital project. We welcome the opportunity to discuss our proposal in more detail and address any quesBons or concerns you may have. Together, we can bridge the digital divide and create a future where all residents of the City of Bell Gardens have access to aﬀordable high-speed home internet.

The following person is authorized to make representaBon for SAESHE:

Young Yu – President
SAESHE
1055 West 7th Street. Suite 2150
Los Angeles, CA 90017
213.683.2108
[email protected]

Sincerely,

Young Yu
President
SAESHE

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SAESHE Response for:

The City of Bell Gardens RFP for the Affordable Connectivity Program Outreach Conﬂict of Interest Statement

None. SAESHE does not have any conﬂict of interest.

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SAESHE Response for:

The City of Bell Gardens RFP for the Affordable Connectivity Program Outreach

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SAESHE Response for:

The City of Bell Gardens RFP for the Affordable Connectivity Program Outreach Workplan

SAESHE's proposal aims to address the Aﬀordable Connec>vity Program (ACP) goals in the City of Bell Gardens by implemen>ng a comprehensive public educa>on campaign. Our goal is to increase awareness, dispel misconcep>ons, and promote the adop>on of high-speed home internet among residents, ul>mately bridging the digital divide and empowering the community.

Key components of our proposal include:
- Targeted digital strategies
Utilizing data analytics, geo-targeted and social media marketing to effectively reach and engage residents, while optimizing campaign performance

- Creative content production
Developing compelling and culturally sensitive content across media channels, such as digital and out-of-home advertising, to resonate with the target audience

- Strategic media planning
Leveraging our expertise in multicultural media planning and buying to optimize reach and impact, ensuring the message reaches diverse communities through digital and outdoor placements

- Stakeholder outreach
Implementing community engagement activities, community leaders, and in-person events to foster connections, raise awareness, and encourage participation in the ACP initiative

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SAESHE Response for:

The City of Bell Gardens RFP for the Affordable Connectivity Program Outreach

- Thorough campaign evaluation
Utilizing data analytics to measure campaign effectiveness, identify areas of improvement, and continually refine strategies to maximize impact

With over 15 years of experience in implemen>ng public educa>on and outreach programs for broadband adop>on in California and LA County, SAESHE brings extensive knowledge of the local landscape, diverse communi>es, and mul>cultural audiences. Our proven track record of success, working with organiza>ons such as the California Emerging Technology Fund (CETF) and LA County Internal Services Department, demonstrates our ability to drive change and empower underserved communi>es.

Furthermore, we will ac>vely engage other regional FCC outreach recipients such as LA City Housing, LA County, California Emerging Technology Fund (CETF), Southern California Associa>on of Governments (SCAG), and Mexican American opportunity Founda>on. By extending our reach and leveraging collabora>ve eﬀorts, we aim to increase awareness of the Aﬀordable Connec>vity Program (ACP) and ul>mately enroll eligible residents in the city to ACP.

Moreover, we have thoroughly considered the intricate requirements of the FCC Outreach Grant in preparing our proposal. With our extensive experience and exper>se, we are conﬁdent in our ability to eﬀec>vely assist the City of Bell Gardens in achieving its Aﬀordable Connec>vity Program (ACP) goals.

Current Situa+on
As of April 2023, the enrollment rates for the Bell Gardens Aﬀordable Connec>vity Program are as follows:
- Eligible Households: 7,670
- Enrolled Households: 4,080
- Adoption Rate: 53%

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SAESHE Response for:

The City of Bell Gardens RFP for the Affordable Connectivity Program Outreach

Program Objec+ves
Our program objec>ves are as follows:
- Inform eligible households about the ACP and motivate them to enroll in the program - Implement activities that will aim for 80% enrollment rate among eligible households by June 2024

In the following pages, we present a draf work plan that showcases our strategic approach. Our work plan combines the insights we gained from comprehensive research and analysis with our in>mate knowledge of the target audience. We have assessed the eﬀec>veness and feasibility of all proposed programs and tasks based on this knowledge.

To achieve our objec>ves, we will u>lize a carefully curated mix of proven communica>on strategies to eﬀec>vely execute the tasks outlined in the Request for Proposal (RFP) and ensure our key messages reach and resonate with our target audience. We are fully prepared to hit the ground running from day one, thereby saving valuable >me and resources.

Task 1 – Program Strategy Development and Implementation We will develop effective ACP outreach strategies based on a comprehensive understanding of the communities and eligible households we gained from working with other grantees. To ensure the strategies are executed efficiently, we will apply our public education campaign project implementation methodologies. The following are initial thoughts for you to review and assess their suitability for the City of Bell Gardens:
- Mobilize stakeholders, including various city departments, community leaders, and key business owners, to help disseminate information on ACP
- Collaborate with community-based organizations (CBO) capable of assisting with in-person enrollment and provide them with grants for their efforts - Create an ACP information and application page on the city website for online enrollment - Host 10-20 in-person enrollment events and outreach events at key locations within the city

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SAESHE Response for:

The City of Bell Gardens RFP for the Affordable Connectivity Program Outreach

- Develop a highly focused media campaign to increase awareness of ACP and direct interested households to the enrollment page on the website or CBO grantees - Collaborate with Internet Service Providers (ISP) operating within the city to maximize outreach efforts
- Utilize existing brochures, flyers, and other informational materials to save time and resources

Additionally, we will follow our typical methodology for successful project implementation, which includes:
- Weekly internal team meetings
- Monthly meetings and status reports
- Regular sharing of news and available research
- Maintaining progress spreadsheets of activities on a shared drive to provide up-to-date data - Creating a monthly task schedule
- Generating progress reports on all tasks, shared with the client - Compiling quarterly Federal Financial Report
- Compiling quarterly FCC Performance Progress Report Form and PPR-Supplemental - Preparing short wrap-up reports regarding completed projects - Providing monthly invoicing, along with invoices, budget summaries, manifests, timesheets, and any other required documentation

Task 2 – Stakeholder outreach
Eﬀec>ve stakeholder engagement is paramount for the success of the ACP outreach program within the city. Engaging with stakeholders such as city departments, community leaders, local businesses, community-based organiza>ons, and schools will be pivotal in building support and fostering par>cipa>on in the program, par>cularly among eligible residents. To ensure successful stakeholder engagement, SAESHE will implement the following strategies:

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SAESHE Response for:

The City of Bell Gardens RFP for the Affordable Connectivity Program Outreach

• Direct Notification through City Departments
Our team will craf engaging and informa>ve messages that highlight the program’s beneﬁts and eligibility criteria, as well as in-person enrollment events informa>on. These outreach materials will be disseminated via city’s eNo>ﬁca>on systems and prominent social media plahorms. By leveraging these widely accessed communica>on channels, we can ensure that residents receive >mely and essen>al informa>on about the program.

Addi>onally, we propose implemen>ng a distribu>on strategy for program-related materials through the City Transporta>on Services, which are operated by the City Public Works department, to directly reach riders who are likely to be eligible for the program. This strategy entails u>lizing the Fixed Route Bus, Medical Taxi Service, and Dial-a-Ride services to distribute program informa>on. Working closely with the Public Works department, we will coordinate the inclusion of ACP brochures and enrollment event ﬂyers in buses, taxis, and Dial-a-Ride vehicles.

The same strategy will be implemented to other services provided by the city, such as the city library.

• Community Recreation Centers
We will partner with community recrea>on centers, including the Bell Gardens Sport Center, the Bell Gardens Veteran Park, and the Neighborhood Youth Center, to conduct ACP outreach ac>vi>es. Recognizing these centers as essen>al community hubs catering to diverse age groups, including youth, families, and seniors, we will organize enrollment assistance events.

Addi>onally, we will leverage exis>ng programs in those centers, such as aferschool programs, homework help sessions, and other recrea>onal ac>vi>es, to incorporate ACP-related discussions and distribute program materials to par>cipants and their families.

• Community Family Service Center
The Community Family Service Center will serve as a crucial connector between low-income families and the ACP program. Through collabora>on with the center, we will establish a referral

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SAESHE Response for:

The City of Bell Gardens RFP for the Affordable Connectivity Program Outreach

system that educates residents about the ACP program and its beneﬁts. This partnership will ensure that families seeking resources, such as job placement, youth career development, paren>ng classes, and immigra>on support are informed about the program. Addi>onally, the center can provide ACP informa>on to residents accessing government assistance programs, including Medical, Social Security, low-income senior housing, and monthly food banks.

• Community-Based Organizations (CBOs) and Partners
We will ac>vely engage with CBOs and partners in Bell Gardens to amplify ACP outreach eﬀorts.

Collabora>ng with organiza>ons such as Southeast Community Development Corpora>on (SCDC), Bell Gardens Boys and Girls Club, and the Bell Gardens Chamber of Commerce, we will leverage their networks and community rela>onships. Through these partnerships, we will disseminate ACP informa>on during their programs and events and promote the program through their websites and social media channels.

• Local Businesses
Partnerships with local businesses within Bell Gardens will be instrumental in increasing awareness of the program. Businesses such as Dollar Tree, the El Coraloense Seafood restaurant, Briarcrest Nursing Center, Food4Less, and others will be encouraged to display ACP program informa>on, brochures, and posters within their premises. By enlis>ng their support, we can reach low-income families who frequent these stores and provide them with access to ACP enrollment materials. Another way to work with the local businesses is to use them as venues for in-person enrollment assistance vents.

• School Districts
Collabora>on with the Montebello Uniﬁed School District, speciﬁcally the schools located within Bell Gardens, will be vital in reaching families with school-aged children. We will work closely with the district to distribute ACP program informa>on to students, parents, and faculty members. This includes incorpora>ng ACP details in school newslekers, dissemina>ng informa>on during parent-teacher associa>on mee>ngs, and ensuring the presence of ACP

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SAESHE Response for:

The City of Bell Gardens RFP for the Affordable Connectivity Program Outreach

informa>on on school websites. We will also explore the possibility of conduc>ng ACP awareness sessions during school events, such as back-to-school nights, open houses, and parent workshops.

Task 3 – Engaging CBO Grantees
Engaging Community-Based Organiza>ons (CBOs) to provide enrollment assistance is an eﬀec>ve strategy to reach eligible households and increase enrollment in the Aﬀordable Connec>vity Program (ACP). By oﬀering training and grants, the city can support CBOs in delivering high-quality enrollment assistance services to those in need. Here are the steps we will take to engage CBOs and provide them with grants:

• Identify Potential CBO Partners
SAESHE will conduct a thorough assessment to iden>fy CBOs within the city of Bell that are well- posi>oned to provide eﬀec>ve enrollment assistance. This process will involve evalua>ng their experience, resources, geographical reach, and their alignment with the goals and objec>ves of the ACP outreach campaign. In cases where suitable local CBOs are not available, we will consider engaging CBOs with a proven track record in ACP/Broadband adop>on, even if they are not located within the city. This approach will ensure that we collaborate with partners who can eﬀec>vely engage and assist eligible households.

• Provide Comprehensive Training
SAESHE will develop a training program tailored to the speciﬁc needs of CBO staﬀ involved in the enrollment process. The training sessions will cover various aspects, including the ACP enrollment process, eligibility criteria, available Internet Service Providers (ISPs), beneﬁts of par>cipa>ng in the program, and how to address common inquiries and challenges. The training will empower CBO staﬀ to provide accurate and up-to-date informa>on, eﬀec>vely communicate the beneﬁts of the ACP, and guide individuals through the enrollment process. SAESHE will also provide ongoing support and resources to address any ques>ons or concerns that may arise during the enrollment campaign.

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SAESHE Response for:

The City of Bell Gardens RFP for the Affordable Connectivity Program Outreach

• Grant Allocation
To enable CBOs to eﬀec>vely carry out their enrollment assistance ac>vi>es, SAESHE will provide an ini>al grant to cover their start-up costs. These grants will support the establishment of necessary infrastructure, staﬀ training, outreach materials, and other related expenses.

Addi>onally, CBOs will have the opportunity to receive addi>onal grants based on the achievement of pre-established goals. These goals may include the number of households reached through their outreach eﬀorts, the amount of staﬀ >me dedicated to staﬃng in-person enrollment events, the eﬀec>veness of their messaging and engagement strategies, and other key performance indicators. By providing ﬁnancial incen>ves >ed to performance, we aim to mo>vate CBOs to ac>vely engage eligible households and maximize the impact of the ACP outreach campaign.

• Monitor and Evaluate
SAESHE recognizes the importance of ongoing monitoring and evalua>on to ensure the success of the ACP outreach campaign. Regularly scheduled mee>ngs will be conducted with CBO grantees to discuss their performance, challenges faced, and feedback received from eligible households. These discussions will provide an opportunity to share best prac>ces, address any diﬃcul>es encountered, and iden>fy areas where improvements can be made. SAESHE will collect and analyze data from the CBOs' ac>vi>es, including the number of households assisted, the eﬀec>veness of their outreach strategies, and the overall enrollment rates achieved. This data will be used to evaluate the eﬀec>veness of the CBOs' eﬀorts, iden>fy any gaps or barriers in the enrollment process, and inform future decision-making and program improvements.

By following these steps, we aim to establish strong partnerships with CBOs, equip them with the necessary resources and training, and closely monitor their performance to ensure the successful implementa>on of the ACP outreach campaign in the city of Bell. Through this collabora>ve approach,

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SAESHE Response for:

The City of Bell Gardens RFP for the Affordable Connectivity Program Outreach

we can eﬀec>vely reach eligible households, increase enrollment in the ACP, and provide equitable access to air condi>oning for the residents of Bell.

Task 4 – ACP Applica+on Portal
The objective of the online application portal is to streamline the enrollment process and provide eligible households with a convenient and secure way to apply for the program. It aims to reduce processing times and ensure that residents have up-to-date and accurate information about the ACP.

The application portal will be divided into four key sections:

• Headline and Introduction
This section will emphasize the legitimacy and benefits of the program for eligible households, providing a clear overview of its purpose.

• Call-to-Action
A prominent and engaging headline will encourage users to apply for the ACP benefit, making it highly visible and compelling.

• Eligibility Criteria
This section will outline the various programs and income guidelines to determine the eligibility of households for the program, enabling them to understand if they qualify.

• Application Instructions
This section will guide applicants on how to apply for the ACP, including the different application methods available, the acceptable documents for proof of identity and eligibility, and the process for applying the ACP discount to a home internet plan.

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SAESHE Response for:

The City of Bell Gardens RFP for the Affordable Connectivity Program Outreach

To ensure the success of the online application portal, SAESHE will take the following factors into consideration:

• Messaging
We recognize the importance of using clear and inclusive language to effectively communicate the program's message on the website. The content of this page has been tailored to suit an adult audience with lower-than-average literacy levels, ensuring clarity and conciseness.

• Design
SAESHE will provide options for utilizing existing portals to design the application page, ensuring a visually appealing and user-friendly interface.

• Hosting
Ideally, the application page will be linked to the city website, ensuring easy access for users.

• Security
The application page will be linked to USAC, which implements robust security measures to safeguard user data.

• User Testing
The usability and user-friendliness of existing application pages have been thoroughly tested to ensure a seamless experience for all users.

• Support
Technical support will be readily available to assist users in case they encounter any issues while using the application portal.

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SAESHE Response for:

The City of Bell Gardens RFP for the Affordable Connectivity Program Outreach

• Analytics and Tracking
SAESHE will implement analytics and tracking tools such as Google Tag Manager and Google Analytics to monitor the campaign's performance and assess the usability of the landing page.

This data will help in making necessary adjustments to the media campaign and landing page as needed.

Task 5 – ACP Outreach and In-Person Enrollment Events
Based on our experience, we have found that about 15-20% of eligible households require in-person assistance, as the enrollment process can be challenging for some, par>cularly among low-income households. To ensure a successful and inclusive outreach eﬀort, the following strategies and enhancements will be implemented for the ACP outreach in the City of Bell Gardens:

• Event Locations
SAESHE will iden>fy and propose ideal loca>ons for the enrollment events, considering accessibility and convenience for the target audience. Poten>al loca>ons include public libraries, community centers, and parks such as Bell Gardens Library, Bell Gardens Community Family Services Center, and John Anson Ford Park. These venues will provide a welcoming and familiar environment for par>cipants.

• Staffing Plan
Each event will require approximately 3-4 people for 6 hours, including set up and wrap up.

SAESHE will ensure the presence of knowledgeable staﬀ members who can provide personalized assistance and guidance to akendees. The staﬃng will consist of a combina>on of CBO grantees and trained in-house personnel, ensuring exper>se and eﬃciency in addressing par>cipants' needs.

• Event Promotion
SAESHE will implement a comprehensive promo>on strategy to raise awareness about the enrollment events. This strategy will include targeted direct mail campaigns to eligible

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SAESHE Response for:

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households, geo-targeted digital adver>sing on social media plahorms, and ﬂyer distribu>on through city departments, major businesses that are coopera>ve, and city-owned communica>on channels. The goal is to reach a wide range of poten>al par>cipants and encourage their akendance at the events.

• Recap Report
Following each event, SAESHE will prepare a detailed recap report within 10 business days. The report will include comprehensive event sta>s>cs, photographs capturing the event highlights, and valuable recommenda>ons for improving future events. These insights will help ﬁne-tune the outreach eﬀorts, ensuring con>nuous enhancement of the program's eﬀec>veness.

• Event Frequency
To maximize outreach and accommodate the needs of the community, a total of 15-20 events will be held between 2023 and 2024, with more events scheduled for 2023 and early part of 2023, taking into account the ACP funding status. These events will be strategically planned around key holidays and back to school season, when there are more community events taking place. Addi>onally, the planning will consider community feedback and speciﬁc target group requirements, ensuring coverage of diﬀerent neighborhoods and various >mes of the year.

By implemen>ng these strategies and enhancements, SAESHE aims to create a suppor>ve and accessible environment for the ACP outreach and enrollment events in the City of Bell Gardens. Through collabora>ve eﬀorts, SAESHE and its partners strive to empower eligible individuals, par>cularly those from low-income households, by providing them with the necessary resources and guidance to successfully enroll in the ACP program

Task 6 – Media Campaign
A highly focused mass media campaign is a key component of the ACP enrollment eﬀort in the City of Bell Gardens. The goal of the campaign is to increase awareness of the program, drive traﬃc to the online applica>on page, and promote in-person enrollment events, thereby boos>ng the program

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SAESHE Response for:

The City of Bell Gardens RFP for the Affordable Connectivity Program Outreach

adop>on rate in the city. To achieve this, SAESHE is planning to implement a paid media campaign that best supports the ACP enrollment eﬀort in the city. This sec>on outlines the recommended strategies, tac>cs, and media channels to achieve our goals.

• Overall Media Strategy
The overall strategy of the media campaign is to generate immediate, mass awareness of the ACP program among eligible households in the City of Bell Gardens, drive traffic to the online application page, and encourage participation in the in-person enrollment events. To accomplish this, the campaign will utilize a combination of highly focused digital and social media channels, direct mail, and targeted outdoor advertising.

• Highly Focused Campaign
The media campaign will be highly focused to ensure maximum efficiency and reach among the target audience within the City of Bell Gardens. Therefore, traditional media channels, such as TV or radio, will not be used since broadcast media cover the greater Los Angeles area which results in a wastage. Instead, the campaign will concentrate efforts on the following channels, where we can target solely the City of Bell Gardens:

• Place-Based Out-of-Home (OOH)
Strategically positioned outdoor units, including posters and transit shelters, will be secured in high-traffic areas within the City of Bell Gardens to effectively reach the target audience. The selected outdoor units will be located near public transportation, school properties, and main streets, and high traffic shopping plaza to maximize exposure to eligible households.

• Digital and Social Media
Digital media channels will be leveraged to build awareness and generate interest among the target audience based on their geographic location, behavior, and lifestyle. Geo-targeted display

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SAESHE Response for:

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and paid search ads campaign through Google AdWords and Facebook, will direct residents to the ACP Application Portal so eligible residents can learn more about the program and submit their application online. Facebook ads will also be placed to promote in-person enrollment events that help residents, who need further assistance for application submission.

• Direct Notification
We will implement a direct notification strategy to reach eligible households in key neighborhoods with a high concentration of eligible residents. Working closely with the city, we will identify mailing opportunities to send targeted flyers/mailers that provide program information and direct recipients to the online application portal or inform them about upcoming in-person events. These materials will be designed to capture attention, convey the benefits of the ACP program, and encourage eligible residents to participate.

• Multilingual Approach
To effectively engage the diverse population of the City of Bell Gardens, all media placements, including outdoor, digital and social media ads, and direct notifications, will be conducted in both English and Spanish. This ensures that the campaign resonates with a broader audience, including those more comfortable with Spanish as their primary language.

• Monitoring and Optimization
Throughout the media campaign, we will closely monitor the performance of each media channel and optimize our strategies as needed. Key performance indicators, such as website traffic and click-through rates, will be tracked to evaluate the effectiveness of the campaign.

Based on this data, we will make necessary adjustments to the media plan to ensure maximum impact and efficiency.

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SAESHE Response for:

The City of Bell Gardens RFP for the Affordable Connectivity Program Outreach

Task 7 – Collabora+on with ISPs
AT&T and Spectrum are two major Internet Service Providers (ISPs) opera>ng in the City of Bell Gardens.

We have engaged in discussions with representa>ves from both companies to explore opportuni>es for collabora>on within the Aﬀordable Connec>vity Program (ACP). Afer produc>ve conversa>ons, AT&T and Spectrum have expressed their willingness to par>cipate in the ACP promo>on and work with us to iden>fy ways to maximize coopera>on.

To streamline the enrollment process and enhance accessibility, we recommend invi>ng AT&T and Spectrum to par>cipate in in-person enrollment events. During these events, residents will have a convenient plahorm to apply for the ACP beneﬁts and select an appropriate internet service plan. Onsite staﬀ from the ISPs will be available to guide residents in selec>ng the most suitable home internet service plans, address any ques>ons or concerns, and ensure a smooth enrollment experience. Here are the steps we will take to ini>ate collabora>on with ISPs:

• Needs Assessment
We will conduct needs assessments in collaboration with AT&T and Spectrum to understand the unique challenges and connectivity requirements of eligible residents in the City.

• Feedback Mechanisms
Together with the ISPs, we will implement feedback mechanisms to gather input from residents regarding their experiences with the affordable connectivity options provided by AT&T and Spectrum. This feedback will be used to continuously improve the program, address any issues or concerns, and ensure that the connectivity solutions meet the evolving needs of the community.

• Future Planning and Expansion
Through ongoing collaboration with AT&T and Spectrum, we will explore opportunities for further collaboration.

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SAESHE Response for:

The City of Bell Gardens RFP for the Affordable Connectivity Program Outreach

By establishing strong partnerships with AT&T and Spectrum, we can leverage their exper>se, resources, and market presence to enhance the aﬀordability and accessibility of connec>vity in the City. This collabora>ve approach will not only improve the enrollment process but also allow for customized solu>ons, targeted outreach, and con>nuous improvement based on the feedback and needs of our community.

Task 8 – Informa+onal material produc+on
In order to eﬀec>vely communicate the goals and beneﬁts of the ACP outreach plan to the residents of Bell Gardens, it is essen>al to have well-designed and informa>ve materials. By leveraging exis>ng materials created by SAESHE and other governmental agencies, we can save >me and resources while ensuring the delivery of accurate and compelling informa>on. We do not foresee any diﬃculty in obtaining permission for usage. We will take the following steps to ensure the produced materials match our strategies:

• Review existing materials
Conduct a thorough review of the materials created by SAESHE for other government agencies, as well as the online toolkit prepared by the FCC. Additionally, gather materials developed by LA County and Riverside County that are relevant to the ACP outreach plan.

• Identify suitable creative assets
Determine the specific creative assets, such as images, illustrations, infographics, and videos, that are suitable for the informational materials. Select those that align with the goals and messaging of the ACP outreach plan.

• Obtain permission for asset usage
Reach out to SAESHE, the FCC, LA County, and Riverside County to obtain permission to use select creative assets owned by these agencies. Ensure proper attribution and compliance with any copyright or licensing requirements.

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SAESHE Response for:

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• Repurpose and adapt materials
Tailor the sourced materials to suit the unique needs and characteristics of Bell Gardens. This may involve customizing content, incorporating localized data and information, and reflecting the city's branding and identity.

• Content development
Develop clear, concise, and engaging content for the materials. Ensure accuracy of information and use language that is inclusive and easily comprehensible to diverse community members.

• Review and feedback
Seek input and feedback from relevant stakeholders, including community representatives, city officials, and subject matter experts. Incorporate their suggestions and ensure the materials effectively convey the intended messages.

• Revision and finalization
Make necessary revisions based on feedback and ensure the materials meet the required standards. Obtain final approval from the appropriate stakeholders before proceeding to the distribution phase.

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SAESHE Response for:

The City of Bell Gardens RFP for the Affordable Connectivity Program Outreach Program Timeline

Although the contract for this outreach program spans 18 months, our strategy entails front-loading the ac>vi>es to ensure a strong launch, concentra>ng eﬀorts from September 2023 to April/May of 2024. It is crucial to consider that the federal government has an>cipated a poten>al deple>on of ACP funding by mid-2024, necessita>ng a pause in outreach ac>vi>es at least three months in advance. This pause will allow Internet Service Providers (ISPs) to implement a grace period for residents to transi>on smoothly to alterna>ve home internet plans.

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SAESHE Response for:

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3.1 Key Staﬀ Resumes

Young Yu – Program Director
President, SAESHE

Role on Aﬀordable Connec7vity Program Outreach:

Young will direct overall campaign strategy and tac7cs, ensure collabora7on with City Contract Manager, ensure deliverables, provide strategic counsel, manage SAESHE staﬀ and CBO partners, oversee and ensure quality control, oversee budget.

Young Yu leads SAESHE’s account management department, overseeing strategy development, hours and budget alloca>on, campaign implementa>on, and day-to-day opera>ons for clients. With over 25 years of experience managing integrated mul>cultural public rela>ons and adver>sing campaigns incorpora>ng research, her areas of exper>se are strategic consulta>on, campaign management, and community and media partnerships. She has a keen understanding of how to create posi>ve behavior change that encourages people to ul>mately take ac>on.

Broadband Adop+on Public Educa+on Experience - Last 3 years

California Emerging Technology Fund (CETF)
Get Connected! Broadband Internet Awareness/Adop7on Campaign (2008 – present) Young serves as the senior counsel, working directly with CETF and providing strategic guidance to the program manager, team members and CETF on all aspects and components of the campaign. She oversees statewide mul>-lingual adver>sing for CETF to close the Digital Divide in California by breaking down barriers to broadband Internet access at home. SAESHE developed and produced the award– winning “Get Connected!” Campaign logo. SAESHE also coordinated the development of the campaign name, which was created and tested in focus groups and with community stakeholders. In addi>on,

The pandemic brought forth the digital inequality in rural, tribal, and urban communicates across the

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SAESHE Response for:

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Unites States and introduced new challenges and magniﬁed several exis>ng challenges. During the pandemic, Young managed SASHE’s eﬀort to help CETF provide and promote access to the aﬀordable internet, digital devices and digital literacy training for low-income individuals and families.

Currently, she oversees the Statewide Aﬀordable Connec>vity Program (ACP), an FCC beneﬁt program that helps ensure that households can aﬀord the broadband Public Educa>on campaign, which includes raising awareness of ACP, coordina>ng ACP enrollment events, conduc>ng intercept surveys, mul>lingual call center, establishing partnerships with State and County en>>es that serve the eligible households and working with statewide grantee network to assist eligible California residents in enrolling in the program.

L.A. County Internal Services Department
Delete the Divide, Emergency Broadband Beneﬁt (EBB)/Aﬀordable Connec7vity Program (ACP) Awareness and Adop7on Campaign (2021-2022)
In November 2021, the L.A. County Board of Supervisors approved a mo>on to develop the infrastructure necessary to provide low-income resident with aﬀordable, high quality and high speed, sustainable internet service. Young led a countywide mul>lingual comprehensive public educa>on campaign to promote a ﬁnancial subsidy program, speciﬁcally the Emergency Broadband Beneﬁt (EBB), to assist income-eligible individuals and families in obtaining home internet service. In March 2022, the Federal Communica>ons Commission transi>oned EBB to the Aﬀordable Connec>vity Program (ACP).

These eﬀorts included media rela>ons, PSA crea>on, call center, crea>ve development, paid media placement, digital marke>ng, and collateral item produc>on and distribu>on.

Young also provided media training for campaign spokespersons and ACP program training. Most recently, Young helped coordinate ACP enrollment events at seven County libraries by securing community-based organiza>ons as ACP enrollment specialists, enlis>ng volunteers, training event staﬀ, device survey and coordinate event logis>cs. The ACP enrollment events generated more than 1,100 clicks to ACP apply webpage today, and L.A. County Departments of Internal Services distributed almost 900 devices to income-qualiﬁed residents.

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SAESHE Response for:

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Common Sense Media
Aﬀordable Connec7vity Program Awareness and Adop7on Campaign (2022 – present) Common Sense launched the campaign to close the digital divide, which focused on all households in America having access to aﬀordable high-speed internet at home along with the training and materials for kids and families to use the internet eﬀec>vely and safely. Common Sense implemented a consumer- facing eﬀort to close the digital divide by pilo>ng the Aﬀordable Connec>vity Program’s awareness campaign in Arizona. Young is leading the Arizona eﬀorts, including adver>sing, crea>ve development, media rela>ons, ACP enrollment event support, bi-lingual call center support, and ACP program training.

The ini>al results are promising, with a 25% increase in ACP enrollment in Maricopa County, Arizona, where the pilot was launched.

Riverside County Informa+on Technology (RIVCO Connect)
Aﬀordable Connec7vity Program Awareness and Adop7on Campaign (2022 – present) Young manages a mul>-year ACP public awareness campaign working closely with CETF on all aspects and components of the campaign for Riverside County. She leads the eﬀort by coordina>ng county department partnership, media rela>ons, countywide adver>sing, collateral development, and digital navigator program working with Community Based Organiza>ons to support remote and in-person ACP enrollment events.

Public Educa+on Experience – Last 5 years

Los Angeles County Public Works
Recycling Used Motor Oil & Filter Program (2008 – present) Young has been direc>ng agency’s team for the Recycling Used Motor Oil & Oil Filter Recycling Collec>on and Public Educa>on Program for Los Angeles County Public Works since 2008.

Under her leadership, program goals and objec>ves were met, and she con>nues to direct and supervise various elements of the campaign including:

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SAESHE Response for:

The City of Bell Gardens RFP for the Affordable Connectivity Program Outreach

• Survey development and administration in multiple languages/markets • Creative development of advertisements and collateral materials • Community and media outreach
• Used motor oil and oil filter collection event coordination • Special Events
• Certified Collection Center outreach and site visits
• Client/vendor partnership management
• Chinese language hotline

When stay-at-home was ordered due to COVID, Young worked with the agency team and Public Works to pause all in-person events, and eventually, as the restric>ons eased, pivoted from in-person events to online coupon drives to adhere to L.A. County’s public health mandate in addi>on to conduc>ng Cer>ﬁed Collec>on Center outreach via phone. The campaign con>nues to promote proper recycling habits, expanding its online presence.

SAESHE’s involvement in the program, now in its’ 14th year, has achieved a steady increase in awareness of the recycling program and usage of Cer>ﬁed Collec>on Center (CCC) by L.A. County residents.

City of Lynwood Department of Public Works
Recycling Used Motor Oil & Filter Program (2019 – present) Young oversees the implementa>on of City of Lynwood’s Regional Used Motor Oil. SAESHE has performed tasks of speciﬁc relevance for the City of Lynwood’s needs, including:
• Organizing and coordination used motor oil and oil filter collection events • Community and media outreach to build grassroots awareness, to drive traffic to events, and to generate press coverage about the events and campaign
• Conducting Certified Collection Centers Site Visits
• Purchasing functional items
• Executing advertising to generate event attendance

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SAESHE Response for:

The City of Bell Gardens RFP for the Affordable Connectivity Program Outreach

During the Pandemic, like other programs, Young directed the team to pivot to contactless online coupon drives and telephone interview with CCCs.

City of Covina Department of Public Works
Recycling Used Motor Oil & Filter Program (2021 – present) Young was instrumental in SAESHE’s successful contract win for the City of Covina’s Used Motor Oil and Filter Recycling Program in late 2020. Young oversees the implementa>on of the program, which includes the following:
• Organizing used motor oil and oil filter collection events • Community and media outreach to build grassroots awareness, to drive traffic to events, and to generate press coverage for the campaign
• Conducting Certified Collection Center site visits
• Developing and conducting surveys in multiple languages about motor oil recycling and analyzing the results

City of San Gabriel Department of Public Works
Recycling Used Motor Oil & Filter Program (2021)
Young oversees the implementa>on of City of San Gabriel’s Regional Used Motor Oil and Filter Recycling program. She worked closely with the Program Manager to implement an online c Filter Exchange Drive and conducted Cer>ﬁed Collec>on Center telephone interviews.

First 5 California
New Parent Kit (2021)
Young was a part of the team that launched statewide public rela>ons campaign to launch the New Parent Kit in Asian, Hispanic, and African American communi>es.

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SAESHE Response for:

The City of Bell Gardens RFP for the Affordable Connectivity Program Outreach

LADOT Transit
Transit Rider Public Educa7on Campaign (2016 – 2020)
Young oversaw implementa>on of Asian and Hispanic public educa>on outreach to increase awareness of new LADOT transit routes and ridership.

Other Public Educa+on Experience

She has successfully managed many state-level and county wide public educa>on campaigns including:

City of Pasadena/Flintridge Center
Real Change Movement –Panhandling Public Educa7on Campaign (2013 – 2015)

L.A. County Department of Public Health
Just be Ready, Vaccinate, Clean Hands, H1N1 Pandemic Flu (2004 – 2013)

California Public U+li+es Commission
Universal Lifeline (2003 – 2007)

California Department of Conserva+on
Beverage Recycling (2003 – 2004)

California Department of Health Services
Teen Pregnancy Preven7on Campaign (2000 – 2003)

California Department of Health Services
Healthy Families/BabyCal (2000 – 2002)

California State Licensing Board (2002)
Contractor Outreach

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SAESHE Response for:

The City of Bell Gardens RFP for the Affordable Connectivity Program Outreach

California Department of Food and Agriculture
Ethnic Minority Traveler Educa7on Campaign (2001)

L.A. Department of Health Services
Cervical Cancer Awareness (2000 – 2002)

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SAESHE Response for:

The City of Bell Gardens RFP for the Affordable Connectivity Program Outreach

Chris+an Torres – Program Manager
SAESHE

Role on Aﬀordable Connec7vity Program Outreach:

Chris7an will facilitate workﬂow; assist in scheduling of enrollment events and community events; development process of collateral materials & adver7sing materials; coordinate media and CBO outreach; coordinate social media; assist program director with program opera7ons and prepara7on of required reports and other administra7ve tasks, as required.

As an account management team member at SAESHE, he manages daily tasks for clients and facilitates workﬂow to ensure all deliverables are scheduled properly and executed on >me. He coordinates public rela>ons projects, Hispanic market outreach, digital/social media projects, and reviews materials in Spanish. Chris>an has strong knowledge in raising public awareness, implemen>ng community and media outreach, and staﬃng various events.

Broadband Adop+on Public Educa+on Experience – Last 3 years

California Emerging Technology Fund (CETF)
Get Connected! Broadband Internet Awareness/Adop7on Campaign (2019 – present) Chris>an is currently assis>ng the account team in adver>sing eﬀorts for CETF’s “Get Connected!” program to promote broadband adop>on in underserved communi>es in California. These eﬀorts include coordina>ng community outreach events, crea>ve development, and produc>on of mul>-lingual broadcast adver>sements, conduc>ng market research, preparing outreach reports, and assis>ng with the implementa>on of media strategies.

L.A. County Internal Services Department
Delete the Divide Broadband Awareness/Adop7on Campaign (2021 – 2022)

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SAESHE Response for:

The City of Bell Gardens RFP for the Affordable Connectivity Program Outreach

Chris>an is assis>ng the account director with the adver>sing eﬀorts for Los Angeles County’s Delete The Divide ini>a>ve to promote aﬀordable home Internet service with the Aﬀordable Connec>vity Program (ACP) formally known as the Emergency Broadband Beneﬁt (EBB). The EBB/ACP program is a federally funded FCC beneﬁt that was developed to help support low-income households in need of home internet service during the Covid-19 pandemic. As an adver>sing coordinator, Chris>an assists with coordina>ng community ACP enrollment events, crea>ve development, and produc>on of mul>-lingual broadcast adver>sements, conduc>ng market research, preparing outreach reports, and assis>ng with the implementa>on of media strategies. In addi>on, he staﬀs ACP enrollment events, research compila>on for informal surveys conducted at various events and Spanish transla>on.

Riverside County Informa+on Technology (RIVCO Connect)
Aﬀordable Connec7vity Program Awareness and Adop7on Campaign (2022 – present) Chris>an coordinates mul>-year ACP public awareness campaign working closely with Account Director on all aspects and components of the campaign for Riverside County. He is coordina>ng countywide adver>sing, collateral development, and digital navigator program working with Community Based Organiza>ons to support remote and in-person ACP enrollment events and providing Spanish adapta>on of campaign materials in addi>on to working with website developers to launch the new ACP website.

Public Educa+on Experience – Last 5 years

Los Angeles County Public Works
Recycling Used Motor Oil & Filter Program (2019 – present)

Chris>an has been working as a program specialist for the ongoing Recycling Used Motor Oil & Oil Filter Recycling Collec>on and Public Educa>on Program for the Los Angeles County Public Works since 2019.

He currently supports the campaign by assis>ng with the community outreach components, developing, and maintaining rela>onships with community-based organiza>ons. In addi>on, he provides Spanish language support in media rela>ons and coordinates compila>on of informal surveys conducted at various events. He is responsible for:

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SAESHE Response for:

The City of Bell Gardens RFP for the Affordable Connectivity Program Outreach

• Reviewing Spanish adver>sing materials
• Conduc>ng CBO and media outreach
• Conduc>ng Cer>ﬁed Collec>on Center outreach and site visits

City of Lynwood Department of Public Works
Recycling Used Motor Oil & Filter Program (2020 – present) Chris>an works as a program specialist for the Recycling Used Motor Oil & Oil Filter Program for the City of Lynwood and the City of Covina. He currently coordinates the campaigns by implemen>ng Filter Exchange Events, media outreach, and the development of adver>sing materials. He is responsible for:
• Planning and coordina>ng event logis>cs
• Developing and reviewing Spanish adver>sing materials • Planning, staﬃng, and developing recap reports for Used Oil and Filter Exchange Events • Conduc>ng Cer>ﬁed Collec>on Center outreach and site visits • Compiling and drafing the Final Report and supplemental materials

Spanish Language Transla+on Experience

Chris>an is a na>ve Spanish speaker. He has more than 20 years of experience speaking and wri>ng Spanish and more than 8 years of experience in transla>on. He has created or translated numerous communica>ons and marke>ng materials, including:
• Media materials – press releases, backgrounders
• Messaging – key messages
• Marke>ng materials – brochures, pamphlets, posters, ﬂyers • Educa>onal materials – tool kits, public service announcements • Adver>sing – trans adapt crea>ve scripts for radio, TV, and print ads • Research – ques>onnaires
Clients for which Chris>an has provided Spanish-language transla>on include:
• Los Angeles County Public Works
• Covina Department of Public Works

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SAESHE Response for:

The City of Bell Gardens RFP for the Affordable Connectivity Program Outreach

• California Emerging Technology Fund
• Common Sense Media
• L.A. County Internal Services Department
• RIVCO Connect

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SAESHE Response for:

The City of Bell Gardens RFP for the Affordable Connectivity Program Outreach

Natalie Chan – Account Manager
SAESHE

Role on Aﬀordable Connec7vity Program Outreach:

Natalie will provide overall Account support as needed to facilitate workﬂow and coordinate and drah campaign reports to support the City of Bell Garden’s Aﬀordable Connec7vity Outreach Program.

As an account management team member at SAESHE, she manages daily tasks for clients and facilitates workﬂow to ensure all deliverables are scheduled properly and executed on >me. She has deep knowledge in raising public awareness, implemen>ng community and media outreach, staﬃng events, conduc>ng program evalua>on, overseeing workﬂow, and ac>ng as the liaison between agency departments.

Broadband Adop+on Public Educa+on Experience – Last 3 years

California Emerging Technology Fund (CETF)
Get Connected! Broadband Internet Awareness/Adop7on Campaign (2019 – present) Natalie assists with adver>sing eﬀorts and media planning for CETF’s “Get Connected!” program to promote broadband adop>on in underserved communi>es in California. These eﬀorts include conduc>ng in-depth demographic research per region, which includes but not limited to language usage, racial and ethnic distribu>on and income level, coordina>ng development and produc>on of Chinese Mandarin and Chinese Cantonese language adver>sements and sourcing news integra>on opportuni>es.

She managed produc>on of an instruc>onal video in ﬁve languages (English, Spanish, Vietnamese, Korean, Chinese Mandarin and Chinese Cantonese) that provides step-to-step instruc>on on how to apply for the federally funded Aﬀordable Connec>vity Program for discounted home internet service.

Addi>onally, she managed content development, transla>on and workﬂow facilita>on of an easy-to- navigate campaign website, InternetForAllNow.org.

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SAESHE Response for:

The City of Bell Gardens RFP for the Affordable Connectivity Program Outreach

Common Sense Media
Aﬀordable Connec7vity Program Awareness and Adop7on Campaign (2022 – present) Natalie works on Common Sense Media account by assis>ng with the maintenance of crea>ve produc>on schedule, coordina>ng with call center and media, contribu>ng to development of digital/social media strategy, monitoring campaign eﬀec>veness, and maintaining project >melines.

Natalie’s ongoing responsibili>es for the account include:
• Coordina>on with agency media team to develop media strategy • Helping with media performance monitoring
• Maintaining budgets, media plans, project >melines, and tracking sheets • Preparing client status reports and weekly performance updates • Coordina>ng delivery of adver>sements to media

L.A. County Internal Services Department
Delete the Divide Broadband Awareness/Adop7on Campaign (2021 – 2022) Natalie assisted the Media Manager with Chinese-language media rela>ons. The campaign consisted of media outreach to invite reporters to akend a press conference and increase media coverage to announce the launch of the County-wide Delete the Divide ini>a>ve which aims to provide home internet access to all County residents regardless of residents’ social-economic background. Addi>onally, she provided transla>on assistance for crea>ve produc>on.

Public Educa+on Experience – Last 5 years

Los Angeles County Public Works
Recycling Used Motor Oil & Filter Program (2019 – present) Natalie has been working on the “Recycling Used Motor Oil & Oil Filter Recycling Collec7on and Public Educa7on Program” for Los Angeles County Public Works since 2019. Staﬃng events, developing reports, coordina>ng with agency crea>ve and media team, and managing project >meline are some of her key tasks. Natalie con>nues to work on the campaign with tasks including:

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SAESHE Response for:

The City of Bell Gardens RFP for the Affordable Connectivity Program Outreach

• Developing work plan
• Execu>ng surveys in mul>ple languages/markets
• Implemen>ng community and media outreach
• Execu>ng in-depth demographic research to iden>fy underserved communi>es • Planning, coordina>ng, and staﬃng ﬁlter exchange events and special events • Conduc>ng Cer>ﬁed Collec>on Center outreach and site visits • Analyzing survey results for event summary and evalua>on report

City of San Gabriel Department of Public Works
Recycling Used Motor Oil & Filter Program (2021)
Natalie implemented the City of San Gabriel’s Regional Used Motor Oil and Filter Recycling program for CalRecycle’s OPP10 grant during the COVID-19 pandemic. SAESHE performed tasks of speciﬁc relevance for the City of San Gabriel’s needs in compliance with the County Public Health guidelines, including:
• Organizing a ﬁlter coupon drive in partnership with O’Reilly Auto Part • Community and media outreach to build grassroots awareness, to drive traﬃc to events, and to generate press coverage about the events and campaign
• Conduc>ng Cer>ﬁed Collec>on Centers site visits
• Analyzing survey results for recap report

First 5 California
New Parent kit (2021)
Natalie coordinated media town hall mee>ng by invi>ng community media partners and worked with crea>ve team to produce new parent kit promo>onal videos to announce Free New Parent Kit:
• Coordinating media town hall
• Facilitating development of new parent kit promotional videos and digital ads • Conducting media relations and distribution of press releases

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SAESHE Response for:

The City of Bell Gardens RFP for the Affordable Connectivity Program Outreach

Karla Alegria – Program Coordinator
SAESHE

Role on Aﬀordable Connec7vity Program Outreach:

Karla will assist the Account Team with program opera7ons; staﬀ events, conduct community outreach and reports, as required.

Karla supports the account team with community outreach. She works with Program Manager to implement campaigns and assist in day-to-day opera>ons for clients.

Public Educa+on Experience – Last 5 years

Los Angeles County Public Works
Recycling Used Motor Oil & Filter Program (2022 – present) Karla supported the “Recycling Used Motor Oil & Oil Filter” program for Los Angeles County Department of Public Works by staﬃng ﬁlter exchange events and special events within L.A. County and doing site visits. In addi>on, she staﬀed used motor oil ﬁlter exchange events, compiles recap and ﬁnal reports and Spanish transla>on.
• Input survey data and compile reports
• Staff Used motor oil and oil filter collection event
• Staff Special Events
• Certified Collection Center outreach and site visits

Spanish Language Transla+on Experience

• Community Outreach – Spanish presenter and speaker
• Research – Ques>onnaires, intercept surveys and interviews • Informa>onal materials

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SAESHE Response for:

The City of Bell Gardens RFP for the Affordable Connectivity Program Outreach

Teresita Palma – Media Director
SAESHE

Role on the Used Motor Oil and Filter Recycling Program:

Teresita will work with Program Manager to recommend, plan, buy and implement paid media campaigns for the program and prepare media plans and reports as required.

With 25 years of experience in media planning and buying, Teresita plays a key role in providing paid adver>sing service to our clients. As a Media Director, she also oversees nego>a>ng and delivery of added value to each client. Her insights and ability to analyze research ﬁndings enables her to develop innova>ve media solu>ons for clients.

Broadband Adop+on Public Educa+on Experience – Last 3 years

Teresita has managed various mul>-lingual media campaigns for a mul>tude of clients. With her leadership, media campaign goals and objec>ves were being met and she con>nues to direct and supervise various elements of the campaign. Her clients for public educa>on include:

L.A County Internal Services Department
Delete the Divide (2021 – 2022)

California Emerging Technology Fund (CETF)
Get Connected! Broadband Internet Awareness/Adop7on Campaign (2008 – present)

Common Sense Media
Aﬀordable Connec7vity Program Awareness/Adop7on Campaign (2022 – present)

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Riverside County Informa+on Technology (RIVCO Connect)
Aﬀordable Connec7vity Program Awareness/Adop7on Campaign (2022 – present) Her media tasks include:
• Media strategies and media plan development
• Negotiate added value to maximize campaign reach
• Conduct demographic research and analysis
• Conduct post campaign media buy analysis
• Development of a tactical campaign by identifying key media, executing geo-targeted media planning and buying to achieve tactical goals.

Public Educa+on Experience – Last 5 years

Los Angeles County Public Works
Recycling Used Motor Oil & Filter Program (2008 – present)

City of Covina
Recycling Used Motor Oil & Filter Program (2022 – present)

City of Lynwood
Recycling Used Motor Oil & Filter Program (2019 – present)

City of San Gabriel
Recycling Used Motor Oil & Filter Program (2021)

Her media tasks include:
• Media strategies and media plan development
• Negotiate added value to maximize campaign reach
• Conduct demographic research and analysis

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SAESHE Response for:

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• Conduct post campaign media buy analysis
• Development of a tactical campaign by identifying key media, executing geo-targeted media planning and buying to achieve tactical goals

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Roy Seow – Crea+ve Director
SAESHE

Role on the Used Motor Oil and Filter Recycling Program:

Roy will be responsible for general crea7ve and produc7on development, organizing the crea7ve strategy and ensuring all crea7ve communica7on is conceived and executed to meet the program objec7ves. He will also supervise the crea7ve team in all aspects of the produc7on process, ensuring on-7me, on-budget deliverables.

Roy Seow is Crea>ve Director and Art Director and leads the crea>ve team in conceptual thinking, crea>ve strategy, campaign development, and all aspects of designing collaterals for agency clients.

With over 30 years of experience in developing and crafing mul>-lingual adver>sing campaigns and outreach programs for corporate clients and non-proﬁt organiza>ons, he brings a wealth of experience and insight into eﬀec>ve public communica>on. His work has won numerous industry awards from around the world.

Broadband Adop+on Public Educa+on Experience – Last 3 years

California Emerging Technology Fund (CETF)
Get Connected! Broadband Internet Awareness/Adop7on Campaign (2008 – present) Roy and his crea>ve team developed an eﬀec>ve and successful campaign and produced the award– winning “Get Connected!” campaign logo. By crea>ng a proac>ve campaign name, TV PSAs, collaterals, and an easy-to-navigate website, GetconnectedToday.com, the target audience was highly responsive to the broadband adop>on program.

L.A. County Internal Services Department
Delete the Divide, Emergency Broadband Beneﬁt (EBB)/Aﬀordable Connec7vity Program (ACP) Awareness and Adop7on Campaign (2021 – 2022)

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SAESHE Response for:

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In November 2021, the L.A. County Board of Supervisors approved a mo>on to develop the infrastructure necessary to provide low-income resident with aﬀordable, high quality and high speed, sustainable internet service. Roy oversees a monumental mul>-lingual crea>ve development and produc>on across tradi>onal and digital media, including collaterals.

Common Sense Media
Aﬀordable Connec7vity Program Awareness and Adop7on Campaign (2022 – present) Common Sense launched the campaign to close the digital divide, which focused on all households in America having access to aﬀordable high-speed internet at home along with the training and materials for kids and families to use the internet eﬀec>vely and safely. Common Sense implemented a consumer- facing eﬀort to close the digital divide by pilo>ng the Aﬀordable Connec>vity Program’s awareness campaign in Arizona. Roy led the bi-lingual crea>ve development and produced adver>sements in social media, TV, and outdoor.

Riverside County Informa+on Technology (RIVCO Connect)
Aﬀordable Connec7vity Program Awareness and Adop7on Campaign (2022 – present) Roy led the crea>ve team in developing a bi-lingual PSA mul>media campaign such as TV, outdoor, direct-mailer, collateral, digital marke>ng, and develop a social media press kit for stakeholders to share and collaborate in marke>ng and educa>onal materials.

Public Educa+on Experience – Last 5 years

Los Angeles County Public Works
Recycling Used Motor Oil & Filter Program (2008 – present) Roy has been overseeing crea>ve fulﬁllment for the ongoing “Recycling Used Motor Oil & Oil Filter” Program for the Los Angeles County Public Works since 2008. Under his crea>ve direc>on, adver>sing and outreach components have been updated and ﬁne-tuned to beker meet program goals. He con>nues to direct and supervise the campaign, including:
• Creative development of advertisements and collateral materials

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• Production process quality control
• Community and media outreach messaging
• Used motor oil and oil filter collection event promotion support

City of Lynwood Department of Public Works
Recycling Used Motor Oil & Filter Program (2019 – present) Roy oversees the crea>ve development of its Regional Used Motor Oil, including:
• Producing collaterals
• Developing print and social media adver>sing

City of Covina Department of Public Works
Recycling Used Motor Oil & Filter Program (2021 – present) Roy oversees the crea>ve development of its Used Motor Oil and Filter Recycling Program in late 2020.

He oversees the crea>ve development which includes the following:
• Producing collaterals
• Developing print and social media adver>sing

First 5 California
New Parent Kit Promo7onal Video (2021)
Roy oversees the crea>ve development of new parent kit promo>onal video in mul>ple languages to launch the Free Parent Kit. He oversees the crea>ve development which includes the following:
• Producing new parent kit promo>onal video
• Developing social media adver>sing

Other Public Educa+on Experience

Roy has successfully crea>ve led in other state-level and county wide public educa>on campaigns including:

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City of Pasadena/Flintridge Center
Real Change Movement – Pasadena Panhandling Public Educa7on Campaign (2013 – 2015)

L.A. County Department of Public Health
Just be Ready, Vaccinate, Clean Hands, H1N1 Pandemic Flu (2004 – 2013)

California Public U+li+es Commission
Universal Lifeline (2003 – 2007)

California Department of Health Services
Teen Pregnancy Preven7on Campaign (2000 – 2003)

California Department of Health Services
Healthy Families/BabyCal (2000 – 2002)

L.A. Department of Health Services
Cervical Cancer Awareness (2000 – 2002)

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T&T Public Rela-ons

Eneida Talleda – Account Director
Senior Partner, T&T Public Rela7ons

Role on the Used Motor Oil and Filter Recycling Program:

Eneida will provide strategic advice and counsel with regard to Hispanic communica7ons and community outreach. Addi7onally, she will provide Spanish-language transla7ons and quality control on Spanish-language materials.

Eneida Talleda is a senior partner at T&T Public Rela>ons where she creates and implements public rela>ons and marke>ng communica>ons programs on behalf of clients. She specializes in public educa>on, mul>cultural communica>ons, social marke>ng, community outreach, strategic planning, adver>sing consul>ng and consumer marke>ng. Addi>onally, she provides counsel to clients seeking to market and engage Hispanic audiences, crea>ng culturally speciﬁc strategies and transla>ng materials into Spanish.

Eneida has honed her skills as a strategic counselor and manager working on behalf of many diverse clients. She has managed complex, mul>-faceted projects, supervising and working with integrated account teams and subcontractors across mul>ple disciplines, such as adver>sing.

Public Educa+on Experience – Last 5 years

First 5 California (2020 – 2021)
Eneida led the ﬁrm’s work for First 5 California and managed the Hispanic communica>ons and outreach ini>a>ves for the state’s early childhood educa>on advocate which is dedicated to helping ensure California’s children, ages 0 to 5, get the best possible start in life. First 5, working with other advocates,

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wanted to raise awareness about the crisis in the state’s childcare system, overwhelmingly provided by Black, Hispanic and immigrant women, which was exacerbated by the pandemic.

As the state began to “open up” again, First 5 and other early childcare advocates were calling upon the Governor and legislature to provide cri>cally needed ﬁnancial support to stabilize and strengthen our early childcare and educa>on system so that Californians could get back to work and revitalize the state’s economic engine.

T&T PR was contracted to provide support in the area of African American and Hispanic communica>ons, speciﬁcally ethnic media and stakeholder outreach. As the ﬁrm’s lead on the account, Eneida:
• Iden>ﬁed, interviewed and secured a cadre of nearly 20 Hispanic subject-maker experts, parents and early childcare providers statewide to be advocates and provide media with their “in-the- trenches” stories and experiences Common Sense Media
• Planned and implemented a Town Hall on Facebook Live with advocates, parents and providers to present media and the public with the current situa>on and to call-to-ac>on. More than 40 general market and ethnic media akended with more than 2 million impressions garnered; with more than 1.1K having viewed the Town Hall post event
• Managed produc>on of a highlight video from the Town Hall • Provided media training for campaign spokespersons
• Prepared message points for campaign spokespersons, and translated into Spanish • Created social media content to generate awareness and drive traﬃc on the First 5 Website • Developed and managed the produc>on of the First 5’s ﬁrst ever media brochure, comprising historical context for the organiza>on, including its mission and vision, Board members bios, key execu>ve staﬀ, and highlights of key accomplishments

Department of Motor Vehicles, REAL ID Outreach Campaign (2019 – 2021) Eneida led the Hispanic communica>ons and outreach ini>a>ve for the California DMV which was seeking to raise awareness about the REAL ID which was slated to go into eﬀect in October 2020 and would require everyone ﬂying domes>cally to show a REAL ID, passport, or other federally approved

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form of iden>ﬁca>on to board a plane. Travelers needed to know about the new federal iden>ﬁca>on requirements so that they were prepared well in advance of trips and not be turned away by TSA.

However, when the COVID-19 pandemic hit, strategy and messaging needed to be pivoted to address DMV oﬃce closures/openings, social distancing guidelines and the ever-changing REAL ID implementa>on deadline. The DMV redirected its outreach and marke>ng campaigns to include messaging about the necessity to have Californians, especially seniors, stay at home and conduct their business on the DMV’s vastly improved online services.

T&T PR supported the DMV with African American and Hispanic communica>ons throughout. Eneida led the team that:
• Iden>ﬁed appropriate community events for par>cipa>on and outreach (pre-pandemic) • Made presenta>ons at key stakeholder func>ons (pre-pandemic) • Conducted ethnic media outreach
• Nego>ated and implemented partnerships with key inﬂuencer organiza>ons statewide, such as the Sacramento Hispanic Chamber of Commerce – including a Facebook Live interview with chamber president and DMV Director Steve Gordon
• Secured support and outreach from CBOs statewide through their social media channels • Translated/adapted materials into Spanish

California Conserva+on Corps (2015 – present)
Eneida co-manages the publicity and community engagement campaign of the California Conserva>on Corps, the na>on’s oldest and largest conserva>on corps, whose mission is to protect and enhance Californian’s natural resources. Fundamental to its work are the Corps members, young adults, ages 18 to 25, and veterans through age 29, who perform the work of the CCC while learning life and job skills in a real-world environment. The objec>ves for the Campaign are to support recruitment of eligible recruits via outreach and publicity ac>vi>es and ini>a>ves, and raise awareness and visibility of the CCC and diﬀeren>ate its oﬀering from local corps and similar agencies among stakeholders, the general public and poten>al recruits. As part of the T&T team, Eneida supports the CCC with strategic communica>ons planning and implementa>on, including:

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• Developing materials, including a “corporate” brochure for sharing with elected oﬃcials and other stakeholders, a PowerPoint presenta>on used by the CCC at mee>ngs with stakeholders, fact sheets and other collateral items
• Managed focus groups with poten>al recruits to inform messaging, recruitment strategies and media buying
• Developed and nego>ated paid media plans to generate awareness and recruitment in CCC “hot spots”
• Developed partnerships with key organiza>ons statewide to expand the reach and credibility of the CCC among their networks through social media and stakeholder engagement mee>ngs • Iden>ﬁed speaking engagements for Director Bruce Saito and other leaders at key organiza>ons and with stakeholders
• Planned and implemented two “Transform Your Life” outreach events that provided poten>al recruits with informa>on about and access to services and programs to help them on their path to a successful future
• Secured celebrity spokesperson, Jabari Banks (“Bel-Air”) to par>cipate in the “Transform Your Life” ad campaign through paid broadcast and digital spots and on his social media plahorms

Spanish Language Transla+on Experience

A na>ve Spanish-speaker, Eneida has more than 28 years crea>ng and transla>ng materials into Spanish for numerous campaigns and programs. She has created or translated/adapted myriad communica>ons and marke>ng materials, including:
• Media materials – press releases, media advisories, feature stories, fact sheets • Messaging – key messages, Q&A documents, FAQs
• Marke>ng materials – brochures, pamphlets, posters, ﬂyers • Educa>onal materials – tool kits, public service announcements, mini-dramas, presenta>ons • Adver>sing – copywri>ng and script wri>ng for radio, TV, print ads and outdoor • Research – focus groups screeners, ques>onnaires, discussion guides • Digital – websites & landing sites, social media

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Clients for which Eneida has provided Spanish-language transla>on include:
• Clean California
• California Conserva>on Corps
• First 5 California
• California Department of Motor Vehicles
• California Emerging Technology Fund
• City of Glendale
• City of Hun>ngton Park
• City of Inglewood
• LA County Metropolitan Transporta>on Authority (LA Metro) • Southern California Associa>on of Governments
• Merck
• Schering-Plough
• Pfizer
• GlaxoSmithKline

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Chris+an Uriarte — Community Outreach Specialist

T&T Public Rela7ons

Role on the Used Motor Oil and Filter Recycling Program:

Chris7an Uriarte will provide account support in planning and events, assis7ng in development of event recap reports and providing Spanish-language transla7ons and adapta7ons.

Chris>an is an experienced community outreach specialist, with an exper>se in helping create communica>on between communi>es and organiza>ons for the beneﬁt of both.

Public Educa+on Experience – Last 5 years

Los Angeles County Public Works
Recycling Used Motor Oil & Filter Program (2017 – 2019) Chris>an previously supported the “Recycling Used Motor Oil & Oil Filter” program for Los Angeles County Department of Public Works by providing outreach to Hispanic and general market media. In addi>on, Chris>an was responsible for distribu>ng ESL lesson plans and maintaining communica>ons with school faculty as well as maintaining and upda>ng lesson plan and media outreach databases. • Media Monitoring
• Spanish-language Transla>ons
• Research, Coordina>on & Implementa>on

Spanish Language Transla+on Experience

Chris>an is ﬂuent in Spanish and has more than 15 years of experience speaking and wri>ng Spanish. • Media materials
• Marke>ng materials
• Educa>onal materials

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• Social media

Chris>an has provided Spanish-language transla>on for the following clients:
• California Department of Motor Vehicles, Real ID Campaign • First 5 California
• Los Angeles County Public Works, Recycling Used Motor Oil program • California Conserva>on Corps
• City of Inglewood
• Los Angeles County Metropolitan Transporta>on Authority • Caltrans

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3.2 Staﬃng Plan

Young Yu
Program Director
25+ years in public education and
marketing campaigns, including
website development and
research. Managed state and
countywide multicultural public
education campaigns and
environmental programs/
campaigns for clients such as
L.A. County Public Works and
Internal Services Department,
Common Sense Media, CA Dept of
Health Services and Public Health,
CalRecycle, First 5 California,
Riverside County Informa>on
Technology and California Emerging
Technology Fund.

Direct overall campaign
strategy and tac>cs, ensure
collabora>on with the City
Contract Manager, ensure
deliverables, provide strategic
counsel, manage SAESHE staﬀ
and subcontractors, oversee
and ensure quality control,
oversee budget.

Chris+an Torres
Program Manager
4+ years in public rela>ons,
adver>sing, community events,
media rela>ons and public speaking.

Assisted in management of LA
County Public Works, LA County
Internal Services Department, City of
Lynwood, City of Covina, Riverside
County Informa>on Technology and
California Emerging Technology
Fund.

Facilitate workﬂow; manage
scheduling of events and
community events; coordinate
crea>ve process &
development of collateral;
coordinate media
(tradi>onal/social) and CBO
outreach; coordinate website
updates; prepara>on of
reports and other
administra>ve tasks as
required.

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Natalie Chan
Account Manager
4+ years in public educa>on,
adver>sing, community outreach &
events, media rela>ons, website
development and research for CETF
and Common Sense Media.

Coordinated mul>cultural Public
Educa>on program and assisted
with quan>ta>ve and qualita>ve
research for clients such as LA
County Public Works and City of
San Gabriel, and City of Covina
Work with Program Manager
to facilitate workflow; assist
program director with program
operations and preparation of
required reports and other
administrative tasks, as
required.

Karla Algeria
Program Coordinator
1 year in public rela>ons,
community outreach and event
staﬀ.

Work with program manager for
deliverables implementa>on;
community events staﬃng;
assist the program team with
program opera>ons; prepara>on
of required reports and other
administra>ve tasks, as required.

Teresita Palma
Media Director
25+ years in Media Planning for
variety of public education,
environmental campaigns.

Clients include LA County Dept. of
Public Health, LA County Dept. of
Public Works, Los Angeles World
Airports, CA Dept. of Public Health,
and CalRecycle. 20+ years of
Spanish transla>ons
Plan and place most cost-
eﬀec>ve media buys, provide
feedback and calculate ad
equivalency, impressions, and
other such per>nent items to
evaluate bonus and editorial
coverage.

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Roy Seow
Crea>ve Director
30+ years in crea>ve development
on mul>-media campaigns including
digital, print, broadcast, and
website. Developed award winning
branding website and logo for public
educa>on and government clients.

Develop various campaign
components and produc>on
development, organize crea>ve
strategy, provide art direc>on
for the adver>sing,
collateral/promo>onal items,
and work with designers to
enhance and update the
materials.

Eneida Talleda
Account Director
(T&T Public
Relations)
30 + years of program management
and account oversight for mul>ple
environmental educa>on and public
educa>on campaigns (i.e., First 5 CA,
DMV, California Conserva>on Corps,
Save Water, Clean California,
California Department of Consumer
Aﬀairs, Curbside Value Partnership,
City of Hun>ngton Park, California
Department of Public Health,
California Public U>li>es
Commission, Paciﬁc Gas & Electric
Company
Provide strategic advice and
counsel with regard to Hispanic
communica>ons and
community outreach; provide
Spanish-language transla>ons
and quality control on Spanish-
language materials.

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Christian Uriarte
Community
Outreach Specialist
(T&T Public
Relations)
6+ years in public rela>ons,
community events, media rela>ons
and public speaking (i.e., First 5 CA,
City of Inglewood, California
Conserva>on Corps, Caltrans, LA
Metro, DMV
Staﬀ community events; provide
crea>ve development input;
implement community
outreach; provide Spanish
translation and proofreading;
assist with program opera>ons,
prepara>on of reports and other
administra>ve tasks as required.

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4.1 Firm Background

Founded in 1992, SAESHE is a Los Angeles-based public rela>ons ﬁrm dedicated to helping companies and government agencies maximize the power of their products, services, and programs through highly targeted communica>ons solu>ons. Our excep>onal regional presence, coupled with a commitment to exploring forward-thinking, out-of-the box strategies, has enabled us to establish a proven track record of engaging hard-to-reach audiences, especially in underserved communi>es, to change percep>ons and promote new awtudes and behaviors. We oﬀer key communica>ons services in the following areas:

• Digital Marketing
- Analytics & Optimization, Content Marketing, Direct Buying, Programmatic Buying, Google AdWords/Paid Search, Social Media Marketing, Website Development • Brand Strategy
• Brand Audit, Brand Positioning, Competitive Audits, Launch Strategy, Corporate Identity Development, Market Research
• Creative
- Concept Development, Idea Creation, Graphic Design, TV, Radio, Print, Digital and Out- of-Home Creative Production
• Media strategy
- Digital Media, Direct-response Marketing, Out-of-Home, Print, Radio, Television and Multicultural Media Planning & Buying
• Public Relations and Events
- Community Engagements, Digital Communication, Influencer Relations, Event Planning & Activation, Media Relations, Media Tool Kit Development, Press Events & Trips, Sports Sponsorship, Trade Shows & Branded Events

Our Guiding Principles
• It’s not what you say... it’s how you say it. All messages are best received when delivered in the right language – both literally and figuratively. We explore all angles to say it best.

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• We don’t work for clients... we work with them. Our best work is produced when we closely collaborate with our clients as partners. Your goals become our own, and we become an integral part of your team, not just a hired agency.
• The only constant is change. As a team based in arguably the most culturally diverse and dynamic world center of business, entertainment and media, we are constantly learning and evolving to strengthen our methods and strategies so that we can better serve you. • Efficiently effective. Quality trumps quantity. That’s why it’s no longer about bombarding the audience with the message – rather, it’s about crafting and strategically deploying a message that is welcomed and invited in by your audience. We know that on-target messaging and delivery can stretch program dollars tremendously, providing greater return on investment – whether it be monetary or for the betterment of our community.

SAESHE and its subcontractor, T&T Public Rela>ons brings to this assignment a rich body of experience working in the public educa>on sector. We successfully combine educa>on and promo>on with the latest marke>ng and communica>ons techniques for clients seeking to reach speciﬁc audiences to change percep>ons and behaviors.

We understand that each ethnic, age, and cultural group responds diﬀerently to the same messages and each group has its unique barriers in achieving behavioral change. We develop our educa>onal campaigns by iden>fying and using appropriate triggers that inﬂuence and resonate with speciﬁc target audiences. Some of our public educa>on and outreach experience includes:
• California Emerging Technology Fund (CETF)
- Get Connected! Initiative – Public Education campaign to break down barriers and address misconceptions about broadband internet and encourage the adoption of broadband internet to close the digital divide that exists in California. • L.A. County Internal Services Department
- Delete the Divide – A public education campaign to inform county residents of Emergency Broadband Benefit (EBB), a federally funded initiative that provides discounts on home internet service to income eligible individuals and families and

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Bell Gardens City CouncilOctober 23, 2023

Bell Gardens City Council
October 23, 2023