Cities Index.
Agenda packet

Bell Gardens City Council
December 11, 2023

Document
Agenda packet
Meeting
December 11, 2023
Body
Bell Gardens City Council
Pages
79
Original file
1.3 MB
Text extracted from the city's file for reading and search. Open the original on portal.laserfiche.com. That file is the official record.

7.CLAIM
AMOUNT
(indicate the
amount per each
line)
STAMP WITH RECEIVED DATE HERE:

ASSIGNED INVOICE NO.:

Exhibit 2
442

EXHIBIT G

COUNTY OF LOS ANGELES

DEPARTMENT OF AUDITOR -CONTROLLER / SHARED SERVICES DIVISION INSTRUCTIONS T© COMPLETE THE GRANT PAYMENT REQUEST
Purpose of these instructions:

To assist sub -recipients in completing the Grant Payment Request. We appreciate your participation in this program, for questions or suggestions please use our e-mail below to contact us. Please do not send these instructions to us, they are to be used for your guidance only.

SECTION A: GENERAL INSTRUCTIONS FOR SUBMISSION OF GRANT PAyMENT REQUEST In numeral 1 of this section, please enter the name and year of the grant program that you are submitting for payment. In addition, please help us expedite the process of your Homeland Security claims by:
• Completing the Grant payment request correctly and according to these instructions. • Submitting your Grant payment request using our e-mail --> [email protected] (please do not fax documents). • Sending your Grant payment request only once (we do not require original documents and duplicates will slow down our process). • Using the checkboxes to ensure all the required supporting documents and files accompany your Grant payment request. Supporting documents are flagged for your convenience with a checkbox within the corresponding areas. • Ensuring that all documents attached to your Grant payment requests are legible. • Submitting Grant payment request timely. We do not guarantee the process of Grant payment requests that are submitted late or too close to the final due date. Reimbursable expenditures need to be charged within the performance period of the grant and submitted to us as soon as they are incurred.

SECTION B. SUS-RECIPIENVs INFORMATION
The following numerals provide the instructions to fill in the corresponding numeral in the form:

1. Please enter the name of the agency requesting for payment. The name of the agency should be typed according to its signed agreement and as you need it to appear in the payee line of the reimbursement check.

2. Please enter the complete address (street number and name, city, zip code) and attention line where you will need to receive the reimbursement check. Please note that this is not necessary for L.A. County departments.

Please enter the tax ID of the governmental entity requesting payment. Please leave blank for L.A. County departments.

4. Please enter the information of the person that can assist us with detail claim questions.

In order to expedite your Grant payment request, in this area's grid, include a maximum of five '51 invoices or reimbursements charges (one charge or one invoice per line). The invoices or charges need to share the same solution area, project #.

The following numerals provide the instructions to fill in the corresponding numeral in the form:

1. Enter the solution area corresponding to the claim. This information is found in the latest budget of the grant. Examples of solution areas are:
equipment, training, planning or exercise.

2. Enter the project # corresponding to the claim. This information is found in the latest budget of the grant. An example of Item # is 17.020.

4. Check with an X under either yes or no according to the claim's Environmental & Historical Preservation (EHP) requirements from the State. EHP approval needs to be obtained from the State prior to the start of the project on certain equipment items (see AEL description) or training/exercise projects. Please attach the following:
a) ❑ State EHP Approval: if required by the state for your claim.

Revised on 11/20/2017

Page 2 of 14 ends

Exhibit 2 443

EXHIBIT G
SECTION C: ( of tinued)

5. If the expenditures that you are claiming were purchased thru a vendor or contractor, please enter the invoice # in the grid area. Please note that you are responsible for following acceptable purchasing policies and for documenting your procurement process. Additionally please include the following documentation with your claim:
a)
b)
c)
d)
f)
g)
Copy of the invoice: Please attach an invoice that provides sufficient information to be used as a cross reference with the items described in your grant line item and AEL #. When the invoice includes items that are not being claimed or that belong to different claims or grants, please circle and designate on the invoice the items that you are requesting for reimbursement. Each item circled must have a project #, a funding source, and a total. Purchase orders and price quotes will not be accepted in the place of the invoice.

Copy of the purchase order
Print out of the corresponding AEL # (Authorized Equipment List number). The AEL listing can be found at:
https://www.rkb.usifema_grants.cfm
Proof of payment of the invoice: The proof of payment for L.A. County Departments is the printout from e -CAPS showing that the check cleared the bank. The proof of payment for other than L.A. County Department is the corresponding copy of the bank's cleared check .

Calculations for use tax paid: When use tax is paid, clearly show the calculations of the use tax in the invoice included in your claim.

Proof of payment of the use tax: Please provide official documents which authenticate the remittance of the use tax to the state, the amount and the reference to the invoice being claimed.

Federal Debarment Listing: Please provide a screen print out of the queried Federal Debarment Listing at http://www.sam.gov/portal/public/SAM . (you will need a username and a password; if you don't please create an account) . The listing needs to be queried prior to the selection of the vendor.

6. If you are claiming services, supplies, training related costs, or any other type of items purchased thru a vendor or contractor or government agency. please indicate with an X the method that you used to acquire the items (do not leave blank or mark more than one). Please note that competitive bid, non-competitive bid or sole source are the only valid purchasing methods. a)
Competitive Bid: for projects that received more than one bid. Please indicate number of bids received (must be more than one). b) Non -Competitive Bid: for single bid purchases of $250,000 or more (effective June 21, 2018) to a single vendor or a single project, please attach the approval from the State. The approval needs to be requested from the State prior to the start of the project. c) Sole Source: for non -bid purchases of $250,000 or more effective (June 21, 2018) to a single vendor or a single project, please attach the approval from the State. The approval needs to be requested from the State prior to the start of the project.

7. Enter the amount of your claim after you verify that your budget is sufficient to cover your request. When the amount of the budget is not sufficient, please let your Program Coordinator know of the possible need for budget modification.

8. Enter the "Total Amount" by adding the subtotal claims included in each line.

The following numerals provide the instructions to fill in the corresponding numeral in the form:

1. Please read and check the box provided if you are an authorized signor.

2. Please read and check the box provided if you are an authorized signor.

3. Please sign the Grant payment request if you are an authorized signor of your agency. 4 & When the authorized person is the same as the contact person in Section B you do not need to enter the authorized contact information. If the

5. authorized person and the contact person in Section B are different, please enter all the fields in this area as requested.

Revised on 11/20/2017

Page 3 of 14 ends

Exhibit 2 444

EXHIBIT G
For Equipment Claims:
a) Equipment Inventory Listing (Print out & Excel File): Please include both the printout of the lusting and the corresponding excel file with your claim. The excel file is used to submit your claim with the state and the printout as backup document for audits. If there is no serial # for your equipment please assign a valid ID tag, or write "Consumable" (if it applies) or write N/A. please do NOT leave the corresponding *1
space blank. Please refer to the Instructions to Equip Intv Tab for completion procedures of Equipment Inventory.

Additionally, please enter the appropriate CBRNE Mission (Chemical, Biological, Radiological, Nuclear, or Explosive) in the column titled "Equipment Description & Quantity". This only applies to vehicles with AEL # 12VE-00-MISS (Vehicle Specialized Mission:CBRNE).

You need to inform us of any changes on the items above *1. This applies to each piece of equipment added in the Inventory Listing, including when the items are disposed and/or no longer useful. We will update the master inventory listing (per grant requirement) according to the information you give us. Please make sure that you include all the attachments that are necessary to provide us with the requested information.

For Training Claims:
a)
State Sole Source Approval: If you are claiming training related costs thru a Non -Competitive Bid or Sole Source training provider, regardless the purchased amount, please attach the State's approval (effective December 03, 2018). The approval needs to be requested from the State prior to the start of the project.
b) I I State -Sponsored Training Reporting Form (with the tracking request #): Please add this form along with the Training Request Form Training Officer (POC), which you completed at the website, to the claim's backup documentation. All the backup documentation submitted for the training claim needs to agree with the training period and the detail description on the Training Reporting Form and the line item of the Grant. Training request #'s must be obtained from the State prior to the start of the project. c)
Receipts and paid invoices: please include the complete copy of the receipts and paid invoices with your claim for itemized costs such as air plane tickets, hotel stays, instructor's fees, workshop cost, facilities fees, consulting services, etc. Additionally, you will need to include the documents requested in numeral 5 under Section C.

If you are including personnel cost with your training claim, please add the following:
d) Personnel List (Print out & Excel File): Please include both the printout of the listing and the corresponding excel file with your claim. The excel file is used to submit your claim with the state and the printout as backup document for audits.

Documents that certify completion of the training: please attach supporting documents that show the class name, dates of training, # of hours of the training class, printed name and signature of individual taking the class and approval signature from supervisor or trainer (attach the information for backfilled positions also). Examples of documents that certify completion of training are:
• Attendance sheets (signed by employee and instructor) • Sign in sheets (same as above) • Signed training certificates f) Summary Listing of Charges: Please use the Training Summary Sheet form provided in this claim packet that clearly shows the breakdown of the training charges per employee and that match the total claimed. This form includes the following: employee name, assignment, job title, date, salary, hours claimed, regular rate, overtime rate, employee benefits rate, claim amount per employee, clear calculations of amount claimed per employee and total (equal to the amount claimed). 9)
h)
Please ensure that the Training Summary Sheet is verified/approved by an authorized signatory, with printed name and title, and dated.

Backup for the Benefits Rate: If you are adding benefits to your claim, please make sure that you include the official calculation for the rate used.

Timecards: Include a printout of the corresponding timecards. Manual timecards need to indicate the # of hours charged per day to the grant, supervisor's signature, employee name and signature. Automatic system generated timecards need to be approved and include the name of the employee and hours charged per day to the grant.

Explanation of timekeeping codes: When the supporting documentation (timesheet, payroll register, etc.) includes timekeeping codes please provide a printout with the explanation of the usage as detailed as possible.

Revised on 11/20/2017

Page 4 of 14 ends

Exhibit 2 445

EXHIBIT G
.i)
k)
Payroll register: The payroll register needs to clearly support and explain the amount claimed per employee. It also needs to show the salary, hourly rate, employee benefits and overtime rate.

Roster of backfilled positions: When you are claiming overtime for a backfilled position, please attach the backfilled roster to your claim.

The roster needs to include the name of the backfilling employees, a short description of duties performed, the corresponding employee whose duties were covered and the dates accordingly. Please make sure that the roster is signed and that you include documentation corresponding to the employee covered by the backfilling position.

For Planning Claims:
a)
b)
Deliverable (or final product): Please include with your claim the final product of the planning activity (deliverable) that was identified in the grant award.

Signed Certificate of Completion: The certificate of completion can be an e-mail confirming that the planning activity was completed. c) Invoices: If your planning claim includes charges invoiced by vendors, please see requirements and documents you need to attach to your claim form under Section C (numeral 5 and numeral 6).
d) Supporting Documentation for Personnel Cost: When your planning claim includes personnel cost, please see d) to i) under Training Claim (supporting documents needed) and add to the documentation.

For Exercise Claims:
a)
Proof of State Approval of After Action Report (AAR): In order for your AAR to be approved you have to submit it to the State using the ODP Portal (see link below), within 90 days after completion of the exercise. You need to notify the State when the AAR is uploaded so they can proceed with the approval process.
https://hseep.dhs.gov/DHS_SSO/
b) Invoices: If your exercise claim includes charges invoiced by vendors please see requirements and documents you need to attach to your claim form under Section C (numeral 5 and numeral 6).
c) Supporting Documentation for Personnel Cost: When your exercise claim includes personnel cost, please see d) to i) under Training Claim (supporting documents needed) and add to the documentation.

For Organization Claims: Please see above b) and c
Revised on 11/20/2017
under Exercise Claims

Page 5 of 14 ends

Exhibit 2 446

EXHIBIT G

GRANT PROPERTY AND EQUIPMENT INVENTORY LISTING
GRANT NAME:

SUB -RECIPIENT:

DATE OF REPORT:

Grant Project AFL
Year Number No.

Description of Property
N:G rants/Subrecipient Moni toriog/Forms/Propery & Equipment Inventory Listing Revised 12/2019
P. of
Serial nor SAFECOM Source of Department Vendor Invoice Acquisition % of FED Location Use & Condition Disposition Other ID n Consult Property (Title Holder) Name Number Date Cost Participation (N=New, Date Sale Price (Yes/No/NA) (SHSP or
D=Deployed,
EMPG Grant O=Out of
Pro::ra,,,.

Service L=Lost
Exhibit 2
447

Page 6 of 14 ends

EXHIBIT G
Equipment Inventory Listing
Procedures for Completion
OBJECTIVE:

Field
(1)
(2)
(3)
(4)
(5)
(7)
(8)
(9)
(10)
(11)
(12)
(13)
(14)
(15)
(16)
(17)
(18)
(19)
(20)
(21)
To provide an equipment inventory listing that links the State Homeland Security Workbook, to the Equipment Ledger and to the Equipment Listing to simplify the tracking and accountability; and to eliminate duplication and confusion.

Date Element
Grant Name
Sub -Recipient
Date of Report
Grant Year
Project #
AEL No.

Description
Serial # or Other ID #
Safecom consult
Source of Property
Title Holder
Vendor Name
Invoice Number
Acquisition Date
Acquisition Cost
% of Fed Part
Location
Use & Condition
Disposition data
Sale Price
Procedure
SHSP or EMPG
Name of your agency
Date report completed {1}
Grant Year of funds used to purchase equipment
Project Number (from Grant Workbook Project Sheets)
Authorized Equip Listing No (from Grant Workbook)
Description of the equipment
Serial # or Other identification # used
Fill out either by Yes, No, or N/A
Funding source, i.e, SHSP, EMPG, etc.

Name of agency (City/Department)
Name of the vendor
Invoice number
Date equipment acquired
Cost of the individual equipment item
Fed participation in the cost of equipment
Location of equipment
Use & condition {2}
Date of disposition
Sale price, If applicable, or N/A for not applicable
The Equipment Inventory Listing must be completed in its entirety to meet the objective of the form.

Note {1}: This date should be the date the physical inventory of equipment was taken and the results reconciled with the equipment records (at least once every two years).
{2} Indicate: N = New, D = Deployed, O = Out of Service, L = Lost & S = Stolen Distribution
Copy maintained in sub -recipient file
Copy forwarded to Shared Services Division

Page 7 of 14 ends

Exhibit 2 448

EXHIBIT G
Training Summary
Sheet
Grant Name
Jurisdiction Name:

Training Provider:

OHS Approved Course Title:

Non-SLGCP Course Title & OHS Tracking No.
(requires pre -approval thru OEM)
Date of Course:

Class/ Exercise Duration/Hours:

Approved by:

Authorized Signature
Print Name and Title
Date
Exhibit 2
449

Page 8 of 14 ends

Project Planning Activity

GRAND TOTAL
Solution Area
Sub -Category
iscipline Funding Source Total Cost
Authorized Signature
Print Name and Title
Date
CALIFORNIA GOVERNOR'S OFFICE OF EMERGENCY SERVICES (Cal OES)

PLANNING ROSTER
Total Claimed
ash Reque
Number

EXHIBIT G
Approved by:

Final Product
Exhibit 2
FMFW v1 -09-06/D9
450

Page 9 of 14 ends

Project
Approved by:

Exercise Title
nding Sour
CALIFORNIA GOVERNOR'S OFFICE OF EMERGENCY SERVICES (Cal ©ES).�,. �..

Solution Area
Sub- r~ktegory
Authorized Signature
Print Name and Title

EXERCISE ROS
ash. Request
Number
tR
Total Cost TotalChime
Date
Conducted
uate or
Exercise
Exercise' Type ` Exercise Rol

EXHIBIT G
Date MR entered into HSEEP
Exhibit 2
FMFW v1.09- 06/09
451

Page 10 of 14 ends

EXHIBIT G

8. Notes on Personnel Cost:

In general, costs associated with:

A. Work performed under contract for a specific deliverable DOES NOT count against the personnel cap, however,
❑ Work performed under contract for an undefined period, such as for personnel costs supporting operational activities, including general planning, training or exercise activities DO count against the personnel cap; and
❑ Work performed by all non -contractor personnel, including for full- or part-time staff and operational overtime DO count against the personnel cap.

The following examples would not count towards the personnel ca ❑ Vendor installation of a radio tower;
❑ Vendor training on new equipment purchased;
❑ Contractor hired to create an Emergency Operations Plan; ❑ Contractor hired to provide deliveries of ICS 400; and LI Contractor hired to assist with planning, training, evaluating, and reporting the effectiveness of a specific exercise.

The following examples would count towards the personnel cap:
❑ Contractor hired to be the State's WMD training instructor with no specific deliverables under contract;
❑ Contractor hired to facilitate unidentified number of exercises throughout the performance period;
Contractor hired to be the part-time auditor of Homeland Security Grants throughout the year; and �❑ Contractor hired to be an intelligence analyst.

Page 11 of 14 ends

Exhibit 2 452

EXHIBIT G
CALIFORNIA GOVERNOR'S OFFICE OF EMERGENCY SERVICES (Cal OES) Project I Employee Name
Exhibit
Project / Deliverable
Solution Area
Solution Area Sub
Category
Dates of Payroll.

Period
REIMB
Request
Total Cost Charged
to Grant
FSource
unding Discipline
hi
Total Salary &
Benefits charged Total Proje
or this Reporting Hours
Period

Exhibit

455
Exhibit 2
FMFW v1.15a - 2015

Page 14 of 14 ends

SAMPLE COPY EXHIBIT H
Subrecipient Monitoring Instrument
Subrecipient Monitoring Instrument

PROJECT TITLE
Los Angeles County State Homeland Security Program
Monitoring Reports
A. FINANCIAL REPORTING REQUIREMENTS
Objective
To determine that the Subrecipient implemented corrective action to address findings noted in its Single Audit that is related to the Homeland Security Grant.

Verification

1. Was a Single Audit completed for Grant Year 2014-15
and 2015-16?

2. If yes, did the Subrecipient forward a copy to the
Homeland Security Grant Administrator (HSGA) by
March 30th of the year following the audit?
Did the Single Audit(s) identify findings related to the Homeland Security Grant? If yes, please continue.

If no, please mark N/A and continue to Section B.

4. Did the Subrecipient develop a corrective action plan that addresses the finding(s)?

5. Did the Subrecipient send a copy of a corrective action plan to the HSGA?

6. Did the Subrecipient implement the corrective action plan?

Page 1 of 11 ends

Yes No Comment
Exhibit 2 456

COPY EXHIBIT H
B. TRAINING
Objective
To determine that the Training expenditures were appropriately documented and that the activities aligned with the project' s goals and objectives. If the Training activities involved employees, determine if the Subrecipient appropriately documented the Training expenditures using employee timecards, sign -in sheets, and certificates of training. If the Training activities involved using consultants or contractors, determine if the Subrecipient followed the appropriate procurement procedures to hire the consultants or contractors. Use Worksheets 1 and 3 (See Attachment E — Subrecipient Monitoring Worksheets).

Verification

1. Did the Subrecipient receive funding for Training
expenditures? If yes, then continue. If no, continue
to next section.

2. Did the Subrecipient receive prior approval from
the State either via email or other documentation
and did it include the training course name and
number?
If the Training expenditures relate to the use of
employees, did the Subrecipient appropriately
document the Training expenditures using employee
timecards, sign -in sheets and certificates of training?

4. If Training expenditures relate to the use of
consultants/contractors, did the Subrecipient follow
proper procurement procedures to hire the consultants
or contractors?

5. Did the Subrecipient accurately report the Training
expenditures in their accounting records?

6. For Projects with overtime expenditures for Training:
a. Did the Subrecipient maintain employee timecards
to appropriately document the overtime expenditures?
b. Did the Subrecipient accurately report the overtime
expenditures in their accounting records?

Page 2 of 11 ends

Yes No Comments
Exhibit 2 457

SA S0 PY EXHIBIT H
B. TRAINING (Continued)
Verification

7. For Projects with backfill expenditures for Training:
a. Does the Subrecipient have documentation that
the backfill expenditures were approved by the
State?
b. Did the Subrecipient appropriately document the
backfill expenditures using employee timecards and
sign -in sheets?
c. Did the Subrecipient accurately report the
expenditures in their accounting records?

8. Were employee timecards utilized in Training activities signed and dated by the employee and direct supervisor?

9. Were the Training expenditures consistent with the State approved grant award and/or post award modification(s)?

10. Ensure the Subrecipient corrected areas of noncompliance that remain outstanding and were reported as findings in prior Grant Year monitoring reports submitted by HSGA:
a. If the Project prior Grant Year monitoring report
finding was resolved, explain resolution, and indicate
such in the current report as resolved.
b. If the Project prior Grant Year report finding is not resolved, indicate why it has not been resolved and
what the Subrecipient is doing to resolve the prior
year finding and indicate such in the current report.

Page 3 of 11 ends

Yes o Comments
Exhibit 2 458

SA E COPY EXHIBIT H
C. PLANNING
Objective
To determine that the Planning expenditures were appropriately documented and that the activities aligned with the project's goals and objectives. If the Planning activities involved employees, determine if the Subrecipient appropriately documented the Planning expenditures using employee timecards and sign -in sheets. If the Planning activities involved using consultants or contractors, determine if the Subrecipient followed the appropriate procurement policies, Use Worksheets 1 and 3 (See Attachment E —Subrecipient Monitoring Worksheets).

Verification

1. Did the Subrecipient receive funding for Planning
expenditures? If yes, continue. If no, continue to
next section.

2. Did the Subrecipient appropriately document the
Planning expenditures providing copies of the
support documentation that indicated the efforts
made to produce the final product and a copy of
the product produced?
If Planning expenditures relate to the use of employees, did the Subrecipient use employee timecards and
sign -in sheets?

4. If Planning expenditures relate to the use of
consultants/contractors, did the Subrecipient
follow proper procurement procedures to hire
the consultants or contractors?

5. Did the Subrecipient accurately report the
Planning expenditures in their accounting records?

6. For Projects with overtime expenditures for
Planning:
a. Did the Subrecipient maintain employee
timecards to appropriately document the
overtime expenditures?

Page 4 of 11 ends

Yes No Comments
Exhibit 2 459

SAR PY EXHIBIT H
C. PLANNING (Continued)
Verification
b. Did the Subrecipient accurately report the
overtime expenditures in their accounting
records?

7. For Projects with backfill expenditures for Planning:
a. Does the Subrecipient have documentation
that the backfill expenditures were approved
by the State?
b. Did the Subrecipient appropriately document
the backfill expenditures using employee
timecards and sign -in sheets?
c. Did the Subrecipient accurately report the
backfill expenditures in their accounting
records?

8. Were the employee timecards utilized in Planning
activities signed and dated by the employee and
direct supervisor?

9. Were the Planning expenditures consistent with the
State approved grant award and/or post award
modification(s)?

10. Ensure the Subrecipient corrected area of
noncompliance that remain outstanding and were
reported as findings in prior Grant Year monitoring
reports submitted to HSGA:
a. If the project prior Grant Year monitoring report
finding was resolved, explain resolution, and
indicate such in the current report as resolved.
b. If the project prior Grant Year monitoring report
finding is not resolved, indicate why it has not been
resolved and what the Subrecipient is doing to
resolve the prior year finding and indicate such in
the current report.

Page 5 of 11 ends

Yes No Comments
Exhibit 2 460

A PLE COPY EXHIBIT H
D. EQUIPMENT
Objective
To determine that the project Equipment expenditures are supported by invoices and that a listing of the Equipment/property is maintained by the Subrecipient. To determine that the purchases are aligned with the project's goals and objectives. Use Worksheets 2 and 3 (See Attachment E — Subrecipient Monitoring Worksheets),
Verification

1. Did the Subrecipient receive funding for Equipment
expenditures? If yes, continue. If no, continue to
next section.

2. Did the Subrecipient maintain invoices to support
the Equipment expenditures?
Did the Subrecipient follow proper procurement
procedures to purchase the Equipment and were
the items listed in the federal "Authorized
Equipment List" and/or "Standardized Equipment List"?

4. Did the Subrecipient accurately report the
Equipment expenditures in their accounting records?
Yes No Comments
Did the Subrecipient maintain an Equipment
inventory that listed the following.
a) Description of Equipment,
b) Serial number or other identification number,
c) AEL number,
d) Fund/source/grant year,
e) Title holder,
f) 100 percent of federal participation. If no, then identify percentage, g) Acquisition date,
h) Acquisition cost,
i) Quantity,
j) Equipment location,
k) Use and condition of Equipment,
I) Disposal date and sale price of the Equipment

6. Did the Subrecipient conduct an inventory of
Equipment purchased with Cal/OES grant funds at
least once every two years?

Page 6 of 11 ends

Exhibit 2 461

SA PIE f(EY EXHIBIT H
D. EQUIPMENT (Continued)
Verification

7. Was the Equipment physically inspected to ensure:
a. The Equipment existed and agreed to inventory
listing?
b. The Equipment worked and adequately trained
staff are available to operate the Equipment?

8. Did the Subrecipient maintain Equipment in a secure
location?

9. For property other than Equipment, i.e. supplies, did the Subrecipient have controls and accountability to
safeguard and ensure that the items are used and
solely for authorized purposes?

10. For Equipment disposal, if any:
a. Was the disposition consistent with federal
regulations?
b. What is the status of the proceeds received from the disposal?

11. Did the Subrecipient have a policy for damaged,
destroyed, lost or stolen Equipment including but
not limited to informing the Cal/©ES, steps to replace the Equipment and an investigative process?

12. Were the Equipment expenditures consistent with
State approval grant award and/or post award
modification(s)?
Yes No Comments

13. Ensure the Subrecipient corrected areas of noncompliance that remain outstanding and were reported as findings in prior Grant Year monitoring reports maintained by HSGA:
a. If the project prior Grant Year monitoring report finding was resolved, explain resolution, and indicate such in
the current report as resolved.
b. If the project prior Grant Year monitoring report finding is not resolved, indicate why it has not been resolved
and what the Subrecipient is doing to resolve the prior year finding and indicate such in the current report.

Page 7 of 11 ends

Exhibit 2 462

WELE COY EXHIBIT H
E. EXERCISE
Objective
To determine that the Exercise expenditures were appropriately documented and the activities align with project's goals and objectives. If the Exercise activities involved employees, determine if the Subrecipient appropriately documented the Exercise expenditures using timecards and sign -in sheets. If the Exercise activities involved using consultants or consultants, determine if the Subrecipient followed the appropriate procurement procedure. Use Worksheets 1 and 3 (See Attachment E — Subrecipient Monitoring Worksheets).

Verification

1. Did the Subrecipient receive funding for Exercise
expenditures? If yes, continue. If no, continue to
next section.

2. Did the Subrecipient receive prior approval from the State either via email or other documentation and did it include the Exercise course name and number?

3. If the Exercise expenditures relate to the use of employees, did the Subrecipient appropriately document the Exercise expenditures using employee timecards, sign -in sheets, and certificates for Exercise?

4. If the Exercise expenditures relate to the use of consultants/ contractors, did the Subrecipient follow proper procurement procedures to hire the consultants or contractors?

5. Did the Subrecipient accurately report the Exercise
expenditures in their accounting records?

6. For Projects with overtime expenditures for Exercise:
a. Did the Subrecipient maintain employee timecards
to appropriately document the overtime expenditures?
b. Did the Subrecipient accurately report the overtime
expenditures in their accounting records?
c. Did the Subrecipient accurately report the backfill
expenditures in their accounting records?

7. For Projects with backfill expenditures for Exercise:
a. Does the Subrecipient have documentation that
the backfill expenditures were approved by the State?
b. Did the Subrecipient appropriately document the
backfill expenditures using employee timecards and
sign -in sheets?

Page 8 of 11 ends

Yes No Comments
Exhibit 2 463

SAMPL Y EXHIBIT H
E. EXERCISE (Continued)
Verification

8. Were the employee timecards utilized in the Exercise activities signed and dated by the employee and direct supervisor?

9. Were the Exercise expenditures consistent with the State approved grant award and/or post award modifications?

10. Ensure the Subrecipient corrected areas of noncompliance that remain outstanding and were reported as findings in prior Grant Year monitoring reports:

If the Project prior Grant Year monitoring report finding was resolved, explain resolution and indicate such in
the current report as resolved.

Yes No Comments
b. If the Project prior Grant Year monitoring report finding is not resolved, indicate why it has not been resolved and what the Subrecipient is doing to resolve the prior year finding and indicate such in the current report.

Page 9 of 11 ends

Exhibit 2 464

PLE Y EXHIBIT H
F. ORGANIZATION
Objective
To determine that the Organization expenditures were appropriately documented and that the activities align with the project's goals and objectives. If the Organization activities involved employees, determine if the Subrecipient appropriately documented the Organization expenditures using employee timecards and sign -in sheets. If the Organization activities involved using consultants or contractors, determine if the Subrecipient followed the appropriate procurement policies. Use Worksheets 1 and 3 (See Attachment E — Subrecipient Monitoring Worksheets).

Verification
Did the Subrecipient receive funding for Organization
expenditures? If so, continue. If no, continue to next section.

2. If the Organization expenditures relate to the use of employees, did the Subrecipient document the expenditures using employee timecards, sign -in sheets, or with other support documentation that substantiated the expense?
If the Organization expenditures relate to the use of
consultants or contractors, did the Subrecipient follow proper procurement procedures to hire the consultants
or contractors?

4. Did the Subrecipient accurately report the Organization expenditures in their accounting records?

5. For Projects with overtime expenditures for Organizations a. Did the Subrecipient maintain employee timecards to
appropriately document the overtime expenditures?
b. Did the Subrecipient accurately report the overtime
expenditures in their accounting records.?

Page 10 of 11 ends

Yes No Comments
Exhibit 2 465

SAMPLE COPY EXHIBIT H
F. ORGANIZATION (Continued)
Verification

6. For Projects with backfill expenditures for Organization:
b. Does the Subrecipient have documentation that the
backfill expenditures were approved by the State?
c. Did the Subrecipient appropriately document the
backfill expenditures using employee timecards and
other payroll documentation?

7. Were employee timecards utilized in Organization activities signed and dated by the employee and direct supervisor?

8. Were the Organization expenditures consistent with the State approved grant award and/or post award modification(s)?

9. Ensure that the Subrecipient corrected areas of noncompliance that remain outstanding and were reported as findings in prior Grant Year monitoring reports maintained by HSGA:
a. If the Project prior Grant Year monitoring report finding was resolved, explain resolution and indicate such in the current report as resolved.
b. If the Project prior Grant Year monitoring report finding is not resolved, indicate why it has not been resolved and what the Subrecipient is doing to resolve the prior year finding and indicate such in the current report.

Page 11 of 11 ends

Yes o Comments
Exhibit 2 466

CITY OF BELL GARDENS

OFFICE OF THE CITY MANAGER

AGENDA REPORT
Item 13.

TO:

FROM:

BY:

SUBJECT:

Honorable Mayor and City Council Members
Michael B. O'Kelly, City Manager
Bernardo I niguez, Director of Public Works/Facilities

RESOLUTION APPROVING A FOURTH AMENDMENT TO ENGINEERING SERVICES AGREEMENT WITH BOWMAN INFRASTRUCTURE ENGINEERS LTD. DBA

INFRASTRUCTURE ENGINEERS TO EXTEND THE TERM FOR ONE ADDITIONAL MONTH
DATE: December 11, 2023
RECOMMENDATION:

It is staff's recommendation that the City Council adopt the attached Resolution authorizing the City Manager to execute the Fourth Amendment with Bowman Infrastructure Engineers Ltd. dba Infrastructure Engineers.

BACKGROUND/DISCUSSION:

The City Council awarded a three-year agreement to Bowman Infrastructure Engineers Ltd. dba Infrastructure Engineers ("I E") on November 13, 2017, with an effective date of November 27, 2017, which included an option to renew for two (2) additional years. The agreement was renewed for the optional two (2) years and on June 13, 2022, the City Council approved the Second Amendment to the agreement, which extended the term through November 27, 2023, to allow the City to undergo a rigorous Request for Proposals process. On November 11, 2023, the City Council approved a one -month extension to the agreement to allow for award of a new agreements.

On October 10, 2023, Public Works released a Request for Proposals for Municipal Engineering Services ("RFP"). On November 9, 2023, a total of seven (7) proposals were received in response to the RFP, which are currently being evaluated. Given that staff anticipates completing the evaluation of proposals later this month and recommending an award for a new multi -year agreement or agreements at the January 8, 2024 City Council meeting, staff is requesting an additional one -month extension to the existing agreement.

CONCLUSION:

Approving the Fourth Amendment would extend the I E agreement term for one additional month, which will allow staff to complete the process for a competitive engineering services procurement without interruptions in engineering services.

FISCAL IMPACT:

Funding for contract engineering services is available in the FY 2023/24 budget.

ATTACHMENTS:

Exhibit 1 - Resolution No. 2023-115
Exhibit 2 - Agreement with Exhibits
APPROVED ELECTRONICALLY BY:
467

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

RESOLUTION NO. 2023-115

A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF BELL GARDENS,

CALIFORNIA, APPROVING A FOURTH AMENDMENT TO THE

PROFESSIONAL SERVICES AGREEMENT BETWEEN THE CITY OF BELL GARDENS AND BOWMAN INFRASTRUCTURE ENGINEERS LTD. DBA

INFRASTRUCTURE ENGINEERS
WHEREAS, on November 27, 2017, the City of Bell Gardens ("City") entered into a Professional Services Agreement with Infrastructure Engineers for engineering services; and
WHEREAS, the Master Agreement was revised by way of an Amendment that was executed on January 31, 2019 (hereinafter, "First Amendment"); and WHEREAS, the Master Agreement was later extended by way of a side letter that was executed on October 5, 2020 (hereinafter, "Side Letter No. 1"); and WHEREAS, the Master Agreement was once again extended by way of a side letter that was executed on October 5, 2021 (hereinafter, "Side Letter No. 2"); and WHEREAS, on June 13, 2022, the Master Agreement was further amended by way of a second amendment (hereinafter, the "Second Amendment") for purposes of extending the Agreement for an additional one (1) year to allow the City to undergo a rigorous Request for Proposals ("RFP") Process for engineering services; and WHEREAS, the Agreement was set to expire on November 27, 2023; and WHEREAS, on November 13, 2023, the Master Agreement was further amended by way of a third amendment (hereinafter, the "Third Amendment") for purposes of extending the Agreement through December 31, 2023, to complete the RFP Process; and
WHEREAS, staff issued a RFP for engineering services and anticipates bringing to the City Council a recommendation at the January 8, 2024, City Council Meeting; and WHEREAS, the Parties wish to modify the Agreement to extend the Term of the Agreement to January 31, 2024 to prevent a lapse in services.

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

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

Exhibit 1 469

Resolution No. 2023-115
SECTION 2. Based upon the above recitals, the staff report accompanying this Resolution, and such other oral and written evidence, the Bell Gardens City Council hereby approves a Fourth Amendment to the Agreement with Bowman Infrastructure Engineers Ltd. dba Infrastructure Engineers which is attached to the staff report as Exhibit

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

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

PASSED, APPROVED and ADOPTED this 11th day of December, 2023.

THE CITY OF BELL GARDENS
Francis De Leon Sanchez, Mayor
APPROVED AS TO FORM: ATTEST:

Stephanie Vasquez
City Attorney
Daisy Gomez
City Clerk
[Signatures on the following page]
2 of 3
Exhibit 1 470

Resolution No. 2023-115
I, , City Clerk of the City of Bell Gardens, hereby CERTIFY that City Council Resolution No. was adopted by the Bell Gardens City Council at a regular meeting of the City Council held on , and was approved and passed by the following vote:

AYES:

NOES:

ABSTAIN:

ABSENT:

Daisy Gomez
City Clerk
3 of 3
Exhibit 1 471

2023

FOURTH AMENDMENT TO PROFESSIONAL SERVICES AGREEMENT
(Engagement: Engineering Services)
(Parties: City of Bell Gardens and Bowman Infrastructure Engineers Ltd. dba Infrastructure Engineers)
THIS FOURTH AMENDMENT (hereinafter, "Fourth Amendment") to that certain agreement entitled "Professional Services Agreement Between the City of Bell Gardens and Infrastructure Engineers" and dated November 27, 2017 (hereinafter, "Master Agreement"), is hereby made and entered into this day of December 2023 (hereinafter, "Effective Date") by and between CITY OF BELL GARDENS, a municipal corporation (hereinafter, "City") and BOWMAN INFRASTRUCTURE ENGINEERS LTD.

DBA INFRASTRUCTURE ENGINEERS (hereinafter, "Consultant"). For purposes of this Fourth Amendment, the capitalized term "Parties" shall be a collective reference to both City and Consultant. The capitalized term "Party" may refer to either City or Consultant interchangeably, as appropriate.

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

WHEREAS, on November 27, 2017, the Parties executed and entered into a Professional Services Agreement for the Consultant to provide engineering services; and WHEREAS, the Master Agreement was revised by way of an Amendment that was executed on January 31, 2019 (hereinafter, "First Amendment"); and WHEREAS, the Master Agreement was later extended by way of a side letter that was executed on October 5, 2020 (hereinafter, "Side Letter No. 1"); and WHEREAS, the Master Agreement was once again extended by way of a side letter that was executed on October 5, 2021 (hereinafter, "Side Letter No. 2"); and WHEREAS, on June 13, 2022, the Master Agreement was further amended by way of a second amendment (hereinafter, the "Second Amendment") for purposes of extending the Agreement for an additional one (1) year, to November 27, 2023, to allow the City to undergo a rigorous Request for Proposals Process; and WHEREAS, on November 13, 2023, the Master Agreement was further amended by way of a third amendment (hereinafter, the "Third Amendment") for purposes of extending the Agreement for one (1) month to allow the City to complete its Request for Proposals Process; and
1 Exhibit 2 472

WHEREAS, for purposes of this Fourth Amendment, the Master Agreement as amended by way of the Third Amendment, Second Amendment, First Amendment, Side Letter No. 1, and Side Letter No. 2, may be referred to collectively as the "Agreement".

The Agreement is attached and incorporated hereto as Exhibit "A"; and WHEREAS, the Agreement is set to expire on December 31, 2023; and WHEREAS, staff is currently reviewing the proposals received and anticipates making a recommendation at a Council Meeting in January of 2024; and WHEREAS, the Parties wish to modify the Agreement to extend the Term of the Agreement to January 31, 2024, to prevent a lapse in services.

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

SECTION 1. Section 4.1 (TERM) of the Master Agreement is hereby amended to extend the term of the Master Agreement through January 31, 2024.

SECTION 2. Except as otherwise set forth in this Fourth Amendment, the Master Agreement, First Amendment, Side Letter No. 1, Side Letter No. 2, Second Amendment and Third Amendment, shall remain binding, controlling, and in full force and effect.

Section 18.9 of the Master Agreement notwithstanding, this Fourth Amendment, together with the Master Agreement, First Amendment, Side Letter No. 1, Side Letter No. 2, Second Amendment and Third Amendment, shall constitute the entire, complete, final, and exclusive expression of the Parties with respect to the matters addressed in both documents.

SECTION 3. The provisions of this Fourth Amendment shall be deemed a part of the Master Agreement, First Amendment, Side Letter No. 1, Side Letter No. 2, Second Amendment and Third Amendment, and except, as otherwise provided under this Fourth Amendment, the Master Agreement, First Amendment, Side Letter No. 1, Side Letter No. 2, Second Amendment and Third Amendment, and all provisions contained therein shall remain binding and enforceable. In the event of any conflict or inconsistency between the provisions of this Fourth Amendment and the provisions of the Master Agreement, First Amendment, Side Letter No. 1, Side Letter No. 2, Second Amendment and Third Amendment, the provisions of this Fourth Amendment shall control, but only in so far as such provisions conflict with the Master Agreement, First Amendment, Side Letter No. 1, Side Letter No. 2, Second Amendment and Third Amendment, and no further. 2 Exhibit 2 473

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

CITY: CONSULTANT:

CITY OF BELL GARDENS

BOWMAN INFRASTRUCTURE
ENGINEERS LTD. DBA

INFRASTRUCTURE ENGINEERS
By: By:

Michael B. O'Kelly, City Manager
Date:

APPROVED AS TO FORM:

By:

Stephanie Vasquez, City Attorney
Name:

Title: _
Date:
3 Exhibit 2 474

EXHIBIT "A"

AGREEMENT
4 Exhibit 2 475

2023

THIRD AMENDMENT TO PROFESSIONALSERVICES AGREEMENT
(Engagement: Engineering Services)
(Parties: City of Bell Gardens and Bowman Infrastructure Engineers Ltd. dba Infrastructure Engineers, a Bowman Company)
THIS THIRD AMENDMENT (hereinafter, "Third Amendment") to that certain agreement entitled "Professional Services Agreement Between the City of Bell Gardens and Infrastructure Engineers" and dated November 27, 2017 (hereinafter, "Master Agreement"), is hereby made and entered into this 13 day of November 2023 (hereinafter, "Effective Date") by and between CITY OF BELL GARDENS, a municipal corporation (hereinafter, "City") and BOWMAN INFRASTRUCTURE ENGINEERS LTD.

DBA INFRASTRUCTURE ENGINEERS, A BOWMAN COMPANY (hereinafter, "Consultant"). For purposes of this Third Amendment, the capitalized term "Parties" shall be a collective reference to both City and Consultant. The capitalized term "Party" may refer to either City or Consultant interchangeably, as appropriate.

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

WHEREAS, on November 27, 2017, the Parties executed and entered into a Professional Services Agreement for the Consultant to provide engineering services; and WHEREAS, the Master Agreement was revised by way of an Amendment that was executed on January 31, 2019 (hereinafter, "First Amendment"); and WHEREAS, the Master Agreement was later extended by way of a side letter that was executed on October 5, 2020 (hereinafter, "Side Letter No. 1"); and WHEREAS, the Master Agreement was once again extended by way of a side letter that was executed on October 5, 2021 (hereinafter, "Side Letter No. 2"); and WHEREAS, on June 13, 2022, the Master Agreement was further amended by way of a second amendment (hereinafter, the "Second Amendment") for purposes of extending the Agreement for an additional one (1) year to allow the City to undergo a rigorous Request for Proposals Process; and
WHEREAS, for purposes of this Third Amendment, the Master Agreement as amended by way of the Second Amendment, First Amendment, Side Letter No. 1, and Side Letter No. 2, may be referred to collectively as the "Agreement". The Agreement is attached and incorporated hereto as Exhibit "A"; and
WHEREAS, the Agreement is set to expire on November 27, 2022; and 1 Exhibit 2 476

WHEREAS, staff issued a Request for Proposals for engineering services and anticipates bringing to the City Council a recommendation at the December 11, 2023, City Council Meeting; and
WHEREAS, the Parties wish to modify the Agreement to extend the Term of the Agreement to December 31, 2023, to prevent a lapse in services.

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

SECTION 1. Section 4.1 (TERM) of the Master Agreement is hereby amended to extend the term of the Master Agreement through December 31, 2023.

SECTION 2. Except as otherwise set forth in this Third Amendment, the Master Agreement, First Amendment, Side Letter No. 1, Side Letter No. 2 and Second Amendment shall remain binding, controlling, and in full force and effect. Section 18.9 of the Master Agreement notwithstanding, this Third Amendment, together with the Master Agreement, First Amendment, Side Letter No. 1, Side Letter No. 2 and Second Amendment shall constitute the entire, complete, final, and exclusive expression of the Parties with respect to the matters addressed in both documents.

SECTION 3. The provisions of this Third Amendment shall be deemed a part of the Master Agreement, First Amendment, Side Letter No. 1, Side Letter No. 2 and Second Amendment and except, as otherwise provided under this Third Amendment, the Master Agreement, First Amendment, Side Letter No. 1, Side Letter No. 2 and Second Amendment and all provisions contained therein shall remain binding and enforceable.

In the event of any conflict or inconsistency between the provisions of this Third Amendment and the provisions of the Master Agreement, First Amendment, Side Letter No. 1, Side Letter No. 2 and Second Amendment, the provisions of this Third Amendment shall control, but only in so far as such provisions conflict with the Master Agreement, First Amendment, Side Letter No. 1, Side Letter No. 2 and Second Amendment, and no further.
[SIGNATURES ON NEXT PAGE]
2 Exhibit 2 477

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

CITY:

CITY OF BELL GARDENS
Michael B. O'KeIIy, City nager
Date:

APPROVED AS TO FORM:

By:

Stephanie Vasquez, City Attorney
Date:

CONSULTANT:

BOW AN INF i STRUCTURE
ENGINEERS LTD. DBA

INF STRUCTURE ENGINEERS,

A BOWMAN COMPANY
By:

Name:

Title:

Date:
3 Exhibit 2 478

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

CITY:

CI OF ELL GA DE S
By.

Michael B. O'Kelly, City Manager
Date:

APP ` OVED AS T
By:

Stephanie Vasquez, City Attorney
Date: December 5, 2023
CONSULTANT:

O A F STRUCTURE
ENGINEERS LTD. DBA
INF " ' STRUCTURE ENGINEERS,

A A CO PANY
By:

Name:

Title:

Date:

Exhibit 2
479

EXHIBIT "A"

AGREEMENT
4 Exhibit 2 480

2022

SECOND AMENDMENT TO PROFESSIONALSERVICES AGREEMENT
(Engagement: Engineering Services)
(Parties: City of BeII Gardens and Infrastructure Engineers) THIS SECOND AMENDMENT (hereinafter, "Second Amendment") to that certain agreement entitled "Professional Services Agreement Between the City of BeII Gardens and Infrastructure Engineers" and dated November 27, 2017 , (hereinafter, "Master Agreement"), is hereby made and entered into this 15day of , 2022 (hereinafter, "Effective Date") by and between CITY OF BELL rv. ARDENS, a municipal corporation (hereinafter, "City") and INFRASTRUCTURE ENGINEERS (hereinafter, "Consultant"). For purposes of this Second Amendment, the capitalized term "Parties" shall be a collective reference to both City and Consultant. The capitalized term "Party may refer to either City or Consultant interchangeably, as appropriate.

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

WHEREAS, on November 27, 2017, the Parties executed and entered into a Professional Services Agreement for the Consultant to provide solid waste consultant services; and
WHEREAS, the Master Agreement was revised by way of an Amendment that was executed on January 31, 2019 (hereinafter, "First Amendment"); and WHEREAS, the Master Agreement was later extended by way of a side letter that was executed on October 5, 2020 (hereinafter, "Side Letter No. 1"); and WHEREAS, the Master Agreement was once again extended by way of a side letter that was executed on October 5, 2021 (hereinafter, "Side Letter No. 2"); and WHEREAS, for purposes of this Second Amendment, the Master Agreement as amended by way of the First Amendment, Side Letter No. 1 and Side Letter No. 2 may be referred to collectively as the "Agreement". The Agreement is attached and incorporated hereto as Exhibit "A"; and
WHEREAS, the Agreement is set to expire on November 27, 2022; and WHEREAS, the Parties wish to modify the Agreement to extend the Term of the Agreement to allow the City to undergo a rigorous Request for Proposals process; and WHEREAS, the Parties further wish to adopt the revised "2022-2023 Hourly Rate Schedule", which is attached and incorporated hereto as Exhibit "B" (hereinafter, Exhibit 2 481

"Revised Rate Schedule") which shall take effect November 28, 2022 in order to cover the extended term of the Agreement.

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

SECTION 1. Section 4.1 (TERM) of the Master Agreement is hereby amended to extend the term of the Master Agreement through November 27, 2023.

SECTION 2. Section 5.1 (CONSULTANT SERVICES) of the Master Agreement is hereby amended to remove mention of hourly fees which shall now be addressed in the Compensation Section.

SECTION 3. Section 6.1 (COMPENSATION) of the Master Agreement is hereby amended to read as follows:

6.1 Consultant shall perform the services identified in the Scope of Services in accordance with the "2022-2023 Hourly Rate Schedule" which is attached and incorporated hereto as Exhibit "B" (hereinafter, "Revised Rate Schedule") which shall take effect November 28, 2022.

SECTION 4. Except as otherwise set forth in this Second Amendment, the Master Agreement, First Amendment, Side Letter No. 1 and Side Letter No. 2 shall remain binding, controlling, and in full force and effect. Section 18.9 of the Master Agreement notwithstanding, this Second Amendment, together with the Master Agreement, First Amendment, Side Letter No. 1 and Side Letter No. 2, shall constitute the entire, complete, final, and exclusive expression of the Parties with respect to the matters addressed in both documents.

SECTION 5. The provisions of this Second Amendment shall be deemed a part of the Master Agreement, First Amendment, Side Letter No. 1 and Side Letter No. 2 and except, as otherwise provided under this Second Amendment, the Master Agreement, First Amendment, Side Letter No. 1 and Side Letter No. 2 and all provisions contained therein shall remain binding and enforceable. In the event of any conflict or inconsistency between the provisions of this Second Amendment and the provisions of the Master Agreement, First Amendment, Side Letter No. 1 and Side Letter No. 2, the provisions of this Second Amendment shall control, but only in so far as such provisions conflict with the Master Agreement, First Amendment, Side Letter No. 1 and Side Letter No. 2 and no further.
[SIGNATURES ON NEXT PAGE]
Exhibit 2 482

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

CI

CITY OF BEL ARDENS
ichael B. O'Kelly,
Date:

APPROVED AS TO FOR
By: a p on behalf of
Rick Olivarez, City Attorney
t Au yst 17 2022ro _u. _._.
er
CONSULTA T:

INF'. STRUCTURE ENGINEERS
y:

Name:

Title:
ate:

Exhibit 2
483

EXHIBIT "A"

AGREE ENT
Exhibit 2 484

PROFESSIONAL SERVICES AG EMENT
BETWEEN THE CITY OF BELL GA r ENS D

INF STRUCTU ' ENGINEERS

ENTIFICATION,
THIS PROFESSIONAL SERVICES AGREE NT ("Agreement") is entered into by and between the City of Bell Gardens, a California municipal corporation ("City") and Infrastructure Engineers ("Consultant").

2. RECITALS

2.1. City has determined that it requires the following professional services from a consultant: Review, analysis, preparation and filing of state mandated cost claims for a variety of categories of claims listed on "Attachment A" entitled "Scope of Work."

2.2. Consultant represents that it is fully qualified to perform the professional services described in Recital 2.1, of this Agreement by virtue of its experience and the training, education and expertise of its principals and employees. Consultant further represents that it is willing to accept responsibility for perfonning such services in accordance with the terms and conditions set forth in this Agreement.

NOW, THEREFO , for and in consideration of the mutual covenants and conditions herein contained, City and Consultant agree as follows:

3. DEFINITIONS

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

3.2 "Commencement Date": November 27, 2017.

4. TE

4.1 The term of this Agreement shall be for three years beginning on the date set forth above with an option to renew for two additional years exercisable by the City Manager and shall terminate in accordance with Section 16 below.

5. Crt S L" T'S SE CES

5.1 Consultant shall perform the services identified in the Scope of Services attached hereto as Attachment A. City shall have the right to request, in writing, changes in the Scope of Services. Any such changes mutually agreed upon by the parties, and any corresponding increase or decrease in compensation, shall be incorporated by written amendment to this Agreement. In no event shall the total compensation and costs payable to Consultant under this Agreement exceed $157 per hour unless specifically approved in advance, in writing, by City.

Exhibit 2 485

5.2 Consultant shall obtain a City business license prior to commencing performance under this Agreement. Consultant shall perform all work to the highest professional standards of Consultant's profession and in a manner reasonably satisfactory to City. Consultant shall comply with all applicable federal, state, and local laws and regulations (including the conflict of interest provisions of Government Code Section 1090 and the Political Reform Act (Government Code Section 81000 el seg.)). During the term of this Agreement, Consultant shall not perfonn any work for another person or entity for whom Consultant was not working at the Commencement Date if both (i) such work would require Consultant to abstain from a decision under this Agreement pursuant to a conflict of interest statute; and (ii) City has not consented in writing to Consultant's perfonnance of such work.

5.3 Consultant represents that it has, or will secure at its own expense, all personnel required to perform the services identified in the Scope of Services. All such services shall be performed by Consultant or under its supervision, and all personnel engaged in the work shall be qualified to perform such services. Consultant shall identify a project administrator and shall have direct responsibility for management of Consultant's performance under this Agreement.

No change shall be made in Consultant's project administrator without City's prior written consent.

6. COMPENSATION

6.1 City agrees to compensate Consultant for the services provided under this Agreement and Consultant agrees to accept payment in full satisfaction for such services.

6.2 Payments for any services requested in writing by City and not included in the Scope of Services shall be made to Consultant by City on a time -and -materials basis using Consultant's standard fee as stated in schedule of fees in the proposal.

7. OWNERSHIP OF WRITTEN PRODUCTS
All reports, documents or other written material ("written products") developed by Consultant in the performance of this Agreement shall be and remain the property of City without restriction or limitation upon its use or dissemination by City.

8. RELATIONSHIP OF PARTIES
Consultant is, and shall at all times remain as to City, a wholly independent contractor.

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

Exhibit 2 486

9. CONFIDENTIALITY
All data, documents, discussion, or other information developed or received by Consultant or provided for performance of this Agreement are deemed confidential and shall not be disclosed by Consultant without prior written consent by City. City shall grant such consent if disclosure is legally required. Upon request, all City data and any copies thereof shall be returned to City upon the termination or expiration of this Agreement. 10, INDEMNIFICATIO

10.1 The parties agree that City, its officers, agents, employees and volunteers should, to the extent permitted by law, be fully protected from any loss, injury, damage, claim, lawsuit, cost, expense, attorneys' fees, litigation costs, or any other cost arising out of or in any way related to the performance of this Agreement, subject to the application of paragraph 10.8.

Consultant acknowledges that City would not enter into this Agreement in the absence of Consultant's commitment to indemnify and protect City as set forth herein.

I0.2 Subject to the application of paragraph 10.8, to the full extent permitted by law, Consultant shall indemnify, hold hannless and defend City, its officers, agents, employees and volunteers from and against any and all claims and losses, costs or expenses for any damage due to death or injury to any person and injury to any property resulting from any alleged intentional, reckless, negligent, or otherwise wrongful acts, errors or omissions of Consultant or any of its officers, employees, servants, agents, or subcontractors in the perfonnance of this Agreement.

Such costs and expenses shall include reasonable attorneys' fees incurred by counsel of City's choice,

10.3 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 Section 10 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.

10.4 The obligations of Consultant under this Section 10 shall 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, its officers, agents, employees and volunteers.

10.5 Consultant agrees to obtain executed indemnity agreements with provisions identical to those set forth here in this Section 10 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, its officers, agents, employees and volunteers from and against any and all claims and losses, costs or expenses for any damage due to death or injury to any person and injury to any property resulting from any alleged intentional, reckless, negligent, or otherwise wrongful acts, errors or omissions of Consultant's subcontractors or any other person or entity involved Exhibit 2 487

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,

10.6 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.

10.7 Consultant shall be responsible for performing the work under this agreement in a professional manner and shall be responsible for the acts of its employees as it relates to this agreement.

10.8 Notwithstanding any provision contained herein to the contrary, liability of Consultant to City with regard to all work and services performed or provided by Consultant for City under this Agreement, including but not limited to any loss, injury, damage, claim, lawsuit, cost, expense, attorneys' fees, litigation costs, or any other cost arising out of or in any way related to the performance of this Agreement, shall be limited to the total fee actually paid by City to Consultant under the applicable Scope of Work. Under no circumstances shall Consultant have any liability to City in excess of the amount of such fees or compensation. City acknowledges and agrees that but for the above limitation of liability, Consultant would not be able to provide the services for City under this Agreement for the prices applicable to the Agreetnent, and that this limitation of liability is reasonable. 11, INSU NCE

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

Such insurance shall be of the types and in the amounts as set forth below:
1 1. i .1 Comprehensive General Liability Insurance with coverage limits of not less than One Million Dollars ($1,000,000) including products and Completed operations hazard, contractual insurance, broad form property damage, independent Consultants, personal injury.

11.1.2 Professional Liability Insurance providing coverage for performance of work included in this Agreement with coverage limits of not less than One Million Dollars ($1,000,000) covering claims or losses caused by negligence, error, or omissions of Consultant.
l 1.1.3 Automobile Liability Insurance for vehicles used in connection with the performance of this Agreement with minimum limits of One Million Dollars ($1,000,000) per claimant and One Million dollars ($1,000,000) per incident.

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

Exhibit 2 488

11.2 Consultant shall require each of its subcontractors, if any, to maintain insurance coverage that meets all of the requirements of this Agreement.
1 1.3 The policy or policies required by this Agreement shall be issued by an insurer admitted in the State of California and with a rating of at least A:VII in the latest edition of Best's Insurance Guide.

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

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

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

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

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

11.9 Any deductibles or self -insured retentions trust be declared to and approved by the City. At the option of City, Consultant shall either reduce or eliminate the deductibles or self -insured retentions with respect to City, or Consultant shall procure a bond guaranteeing payment of losses and expenses. 1 l .10 Procurement of insurance by Consultant shall not be construed as a limitation of Consultant's liability or as full perfonnance of Consultant's duties to indemnify, hold hannless and defend under Section 10 of this Agreement.

Exhibit 2 489

12. MUTUAL COOPERATION
City shall provide Consultant with complete access to information for the proper performance of Consultant's services under this Agreement.

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

14. PE TS ANDAPPROVALS...

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

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

If to City:

City of Bell Gardens
7100 Garfield Ave.

Bell Gardens, California 90201

16. S VIVING COVENANTS
If to Consultant:

Infrastructure Engineers
3060 Saturn Street, Suite 250
Brea, CA 92821
The parties agree that the covenants contained in Sections 9 and 10 and Section 12, Paragraph 12.2, of this Agreement shall survive the expiration or termination of this Agreement.

17. TERMINATION

17.1. City shall have the right to terminate this Agreement for any reason on two (2) calendar days' written notice to Consultant. Consultant shall have the right to terminate this Agreement for any reason on sixty (60) calendar days' written notice to City. Consultant agrees to cease all work under this Agreement on or before the effective date of any notice of termination. All City data, documents, objects, materials or other tangible things shall be returned to City upon the termination or expiration of this Agreement.

Exhibit 2 490

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

18. GENERAL PROVISIONS

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

18.2 In the performance of this Agreement, Consultant shall not discriminate against any employee, subcontractor, or applicant for employment because of race, color, creed, religion, sex, marital status, national origin, ancestry, age, physical or mental handicap, medical condition or sexual orientation. Consultant will take affirmative action to ensure that subcontractors and applicants are employed, and that employees are treated during employment, without regard to their race, color, creed, religion, sex, marital status, national origin, ancestry, age, physical or mental handicap, medical condition or sexual orientation. 18,3 The captions appearing at the commencement of the sections hereof, and in any paragraph thereof, are descriptive only and for convenience in reference to this Agreement.

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

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

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

Exhibit 2 491

18.6 Each right, power and remedy provided for herein or now or hereafter existing at law, in equity, by statute, or otherwise shall be cumulative and shall be in addition to every other right, power, or remedy provided for herein or now or hereafter existing at law, in equity, by statute, or otherwise. The exercise, the commencement of the exercise, or the forbearance of the exercise by any party of any one or more of such rights, powers or remedies shall not preclude the simultaneous or later exercise by such party of any of all of such other rights, powers or remedies. In the event legal action shall be necessary to enforce any tern, covenant or condition herein contained, the party prevailing in such action, whether reduced to judgment or not, shall be entitled to its reasonable court costs, including accountants' fees, if any, and attorneys' fees expended in such action subject to the limitations contained in Section 10. The venue for any litigation shall be Los Angeles County, California.

18.7 If any term or provision of this Agreement or the application thereof to any person or circumstance shall, to any extent, be invalid or unenforceable, then such tern or provision shall be amended to, and solely to, the extent necessary to cure such invalidity or unenforceability, and in its amended form shall be enforceable. In such event, the remainder of this Agreement, or the application of such tern or provision to persons or circumstances other than those as to which it is held invalid or unenforceable, shall not be affected thereby, and each term and provision of this Agreement shall be valid and be enforced to the fullest extent permitted by law,
18,8 This Agreement shall be governed and construed in accordance with the laws of the State of California.

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

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

Phili
ity $anager
"Consultant"
Infrastructure Engineers
By:.

Date. ; t Date:

Exhibit 2 492

Approved as to form:

By
Arlo'
Attest:

By
Alvarez-Glasman, City Attorney
istimza Santana, City Clerk
Exhibit 2 493

Exhibit 2 494

Services
Method of Compensation
The method of compensation for each type of service is as follows:

City Engineer Retainer: $3,768 Lump sum per month
For the proposed retainer fee Infrastructure Engineers proposes to provide 24 hours of City Engineering services. The City Engineer/Deputy City Engineer will attend all City Council meetings and any Traffic Commission meetings, as requested by the Director of Public works. During other hours of the week, the City Engineer will be available to respond to any City enquiries via email or telephone calls, The retention payment will provide the City up to 24 hours per month of City Engineering Services, Any hours beyond 24 hours will be charged as extra.

Traffic Engineer Retainer: $1,807 Lump sum per month
Traffic Engineer will be available to respond to any inquiries from the City by email or phone calls during any business hours and attend any traffic commission meetings that director of Public Works may require. The lump sum fee will cover the hours up to 13 hours per month of Traffic engineering services. Any hours beyond the 13 hours per month will be at the hourly rate of $139 per hour.

Water Engineer: Hourly rate per Hourly Rate Schedule
It is estimated the Water Engineer will be available to provide engineering consultation on various City water matters on as -needed bases. Based on the current work load, we anticipate those services will be approximately eight (8) hours per month. The fee for these services will be based on rates listed in the Hourly Rate Schedule.

Planning/Redevelopment Agency Engineer Retainer: $1,192 Lump sum per month The retainer will provide the City up to eight (8) hours per month of consultation on various development projects. Services may include participation at meetings, attendance at the Planning Commission meetings, review of development plans or other assignments from the Community Development Department. Any hours beyond 8 hours per month will be charged at $149 per hour.

Public Works Permit and Inspection: $89/hour (hourly rates) An estimated two (2) days per week, three (3) hours per day of utilities/public works permits and inspection services will be provided at the rate of $89 per hour.

Public Works Projects
Other public works studies, reviews and projects not listed here will be charged at hourly rates as listed in the Infrastructure Engineers 2017 Hourly Rate Schedule (attached). A lump sum, not -to -exceed fee will be provided at the start of each task.

ENGINEERS
Exhibit 2 495
Page I

Propose?/for Enin ring Seivices
Capital Improvement Projects: Percentage of the total cost of final contract construction Capital improvement design fees will be based on the estimated cost of construction. Once the project is defined, the engineering team will estimate the construction cost and, in accordance with the chart below, will set the design fee. After finalization of design and upon receiving formal bids for construction of the project, the actual design fee will be determined and the engineering design fee will be adjusted to reflect the exact amount.

Construction costs will be the average of three (3) lowest bids for the project. If there are only two (20 bids, the average of two (2) bids will be used for construction cost.

Construction cost less than $499,999 . ................

Construction cost $500, 000 - $999,999.„... ........

Construction cost $1,000,000 — 4,999,999..........

Construction cost over $5,000,000 ... ........ ........ .. the design fee will be 9% of the construction cost
the design fee will be 8% of the construction cost
the design fee will be 7% of the construction cost
the design fee will be 6% of the construction cost
In addition to these percentages, Infrastructure Engineers fees for project management and administration will be 4% of the construction cost. In addition, funding management will be 1.5% for local funds and 2.5% for state and federally funded projects.

Construction Management and Inspection: Percentage of total construction cost Upon on receiving the bids for the construction of a capital improvement project, the engineering team will prepare the fee for construction management and inspection services in accordance with the following chart.

The fee will be calculated based on average cost of the three (3) lowest bids and, if there are only two (2) bids, an average of two bids will be used.

Construction cost less than $499,999 the CM services 3% + inspection services 4,5% for a total fee of 7.5% of the construction cost
Construction cost $500, 000 - $999,999.........„... the CM services 3% + inspection services of 4% for a total fee of 7% of the construction cost
Construction cost $1,000,000 and more . .. . . ........ the CM Services fee of 3% + Inspection services of 3% for a total fee of 6% of the construction cost
Labor compliance will be charged on an as -needed basis and based on actual hourly rates per the Hourly Rate Schedule.

NPDES: Hourly rates
All NPDES services will be provide on as -needed bases at the following rates:

Program Manager................$175/hour
Senior Engineer ...................$168/hour
Engineering Associate.......... $125/hour
Engineering Assistant ..........$105/hour
EN INfff';
Exhibit 2 496
Page

Propose/for Engeheering Services
Other Services: Hourly rates not -to -exceed a negotiated lump sum Other fees will be based on Infrastructure Engineers 2017 Hourly Rate Schedule attached to this proposal Building and Safety and Civil Engineering Plan Checks: 65% of the building plan check fees, based on Los Angeles County's latest fee schedule and hourly rate. If the City uses its "City Fees" for public works projects, then civil engineering fees will be charged at 90% of those City fees, Plan check fees include first, second and third plan checks. Fourth and all subsequent plan checks will be at the plan checkers' hourly rate listed here. The rates listed here are Infrastructure Engineers' discounted rates for the City of Bell Gardens only, due to our long-term relationship with the City. Expedited plan checks will be provided at 90% of the plan check fees. Fourth and subsequent plan checks will be charged at 1.75 times the normal hourly rate.

Building Official..,........ $147
Plan Check Engineer $137
Plan Examiner......,...,,,,, .... „$126
Sr. Building Inspector $105
Building Inspector........ $88
Counter technician $79
Notes:

Land surveying, geotechnlcal services and funding administration and compliance for capital projects will be provided by subconsultants. The fee for these services will be a negotiated cost + 15%.

Any other subconsultant services that might be needed will be charge at a negotiated cost + 15%.

Hourly rates and the retainer fees are subject to increases at the annual Consumer Price Index for All Urban Consumers (CPI -U), Los Angeles area increase rates or a 5% increase, whichever is greater, effective July 1, 2019 and all subsequent years. We will inform the City of the rate of increase by April of each succeeding year.

Page 13 ends

Exhibit 2 497

INFRASTRUCTURE
2017 HOURLY RATE SCHEDULE ENGINEERS
As of July 1, 2017
Principal in Charge
Civil Engineering
Project Manager
Senior Engineer
Senior Plan Check Engineer
Plan Check Engineer
Engineering Associate
Engineering Assistant
GIS Analyst
CAD Manager
CAD Operator
Traffic Engineering
Principal Engineer
Senior Traffic Engineer
Traffic Engineer
Plan Checker
Engineering Associate
Engineering Assistant
Engineering Technician
Surveying
Project Manager
Survey Analyst
Plan Checker (Subdivision & Survey Document)
Construction Management
Construction Manager
Resident Engineer
Scheduler/Controller
Senior P.W. Observer
Public Works Observer
Technician
Utilities Coordinator
Program Management
Project Director
Sr. Program Coordinator
Program Assistant
Labor Compliance Coordinator
Fund Administrator
Community Development & Planning
Director
Planning Manager
Principal Planner
Project Manager
Senior Planner
Associate Planner
Planning Technician
$205
$168
$147
$157
$147
$125
$105
$136
$136
$100
$168
$142
$136
$136
$125
$105
$89
$168
$136
$147
$16B
$157
$136
$105
$89
$85
$115
$175
$125
$105
$95
$125
$180
$155
$150
$160
$137
$125
$80
Municipal Engineering Support
Interim City Manager
Assistant/Deputy City Manager
City Engineer
City Traffic Engineer
Deputy City Engineer
Deputy City Traffic Engineer
Plan Check Engineer
Plan Checker
CIP Manager
Engineering Technician
Building & Safety
Building Official
Plan Check Engineer
Plan Examiner
Senior Building Inspector
Building inspector
Counter Technician
WaterlWastewater/NPDES
Water Engineer
Program Manager (NPDES)
Senior Water Engineer
Engineering Associate
Engineering Assistant
Architectural Services
Principal Architect
Development Manager
Senior Architect
Architect
Technician
$194
$173
$157
$147
$147
$142
$157
$136
$168
$89
$157
$147
$136
$115
$98
$89
$158
$175
$168
$125
$105
$180
$180
$168
$157
$145
Administrative & Clerical Services
Organizer/Supervisor $100
Administrative Assistant $85
Clerk Typist $74
Other Charges
Delivery $100
Mileage (Current federal guideline rate @ time of mem/Mile Travel Cost + 15%
Reimbursements Cost + 15%
Additional billing classifications may be added to the above list throughout the year as new positions are created. The above schedule is for straight time.

Overtime will be charged al 1.5 times. Sundays and Holidays are charged at 2.0 limes the standard time. 14)
Exhibit 2
498

AMENDMENT TO THE ENGINEERING SERVICES AG EMENT
BETWEEN T CITY OF BELL GA ` t ENS AND
INF " •. STRUCTURE ENGI ERS
This amendment (AMENDMENT) to the engineering services agreement ("AGREEMENT") is entered into by and between the City of Bell Gardens, a California municipal corporation ("CITY") and Infrastructure Engineers ("CONSULTANT"), this f 9day of January, 2019.

The CITY has entered into an Agreement with the United States of erica through its Dep ent of Housing and Urban Development ( !) to execute the LOS ANGELES COUNTY Community Development Block Grant (CDBG) Program under the Housing and Community Development Act of 1974, Public Law 93-383, as ended, and EREAS, CITY AND CONSULTANT entered into a certain agreement dated November 27, 2017 for engineering services; and
WHEREAS, the engineering services provided by CONSULTANT are necessary for various Community Development Block Grants (CDBG) funded projects, and City will use CDBG funds to pay for these services; and
EREAS, the CONSULTANT will assist the CITY in utilizing such funds.

NOW, THEREFORE, in consideration of the mutual covenants, benefits, and promises CDBG contract and federal provisions CITY and CONSULTANT hereby agree to amend the professional services agreement of November 27, 2017, to add a new Section 19, and accompanying exhibits, to read as follows: "Section 19. Consultant's Compliance with CDBG Requirements. Consultant hereby agrees to abide by all requirements set forth in Exhibits B, C, and D, attached hereto, in relation to Consultant's provisions of services as previously set forth in Section 5 of this agreement."
All other terms and conditions of the Agreement shall remain unaffected by this Amendment.

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

Exhibit 2 499

Attested:

By:
stina Santana, City Clerk
Date:

Approved as to form:

By:

Date:
sr. Cry All y
is R. Olivarez, Interim City Attorney
Exhibit 2 500

EXHIBIT B

COMMUNITY DEVELOPMENT BLOCK GRANT (CDBG) CONTRACT

AND FEDRAL PROVISIONS
During the performance of this Agreement, CONSULTANT agrees to comply with the following Federal provisions:

1. Non -Discrimination and Equal Employment Opportunity.

A. Consultant shall not discriminate as to race, color, creed, religion, sex, marital status, national origin, ancestry, age, physical or mental handicap, medical condition, or sexual orientation, in the performance of its services and duties pursuant to this Agreement, and will comply with all rules and regulations of City relating thereto. Such nondiscrimination shall include but not be limited to the following: employment, upgrading, demotion, transfers, recruitment or recruitment advertising; layoff or termination; rates of pay or other forms of compensation; and selection for training, including apprenticeship.

B. Consultant will, in all solicitations or advertisements for employees placed by or on behalf of Consultant state either that it is an equal opportunity employer or that all qualified applicants will receive consideration for employment without regard to race, color, creed, religion, sex, marital status, national origin, ancestry, age, physical or mental handicap, medical condition, or sexual orientation.

C. Consultant will cause the foregoing provisions to be inserted in all subcontracts for any work covered by this Agreement except contracts or subcontracts for standard commercial supplies or raw materials.

D. Executive Order 11246 requires that during the performance of this Agreement, Consultant agrees not to discriminate against any employee or applicant for employment because of race, religion, sex, color or national origin, Consultant will take affirmative action to ensure that applicants are employed, and that employees are treated during employment, without regard to their race, religion, sex, color or national origin, Such action shall include, but not be limited to the following: employment, upgrading, demotion, or transfer, rates of pay or other forms of compensation, and selection for training, including apprenticeship. Consultant agrees to post in conspicuous places, available to employees and applicants for employment, notices to be provided by the Consultant setting forth the provisions of this nondiscrimination clause.

E. Section 3 of the Housing and Community Development Act of 1968, as amended, 12 U.S.C. 1701 et seq., requires that, to the greatest extent feasible, opportunities for training and employment be given to lower income residents of the project area and contracts for work in connection with the project be awarded to business concerns which are located in or owned in substantial part by persons residing in the area of the project, F. Title VI of the Civil Rights Act of 1964 provides that no person shall, on the ground of race, color or national origin, be excluded from participation in, be denied the benefits of, or be subject to discrimination under any program or activity receiving federal financial assistance,
1 Exhibit 2 501

G. Section 109, Title I of the Housing and Community Development Act of 1974 provides that no person shall, on the grounds of race, color, national origin, or sex be excluded from participation in, be denied the benefits of, or be subjected to discrimination under any program of activity funded in whole or in part with funds made available under this title.

H. Any prohibition against discrimination on the basis of age under the Age Discrimination Act of 1975, or with respect to an otherwise qualified handicapped individual, as provided in Section 504 of the Rehabilitation Act of 1973, shall also apply.

2. Conflict of Interest
The Consultant, its agents and employees shall comply will all applicable Federal, State and County laws and regulations governing conflict of interest including, but not limited to, 24 CFR Section 570.611 and 24 CFR Part 85, Section 85.36(b). The Consultant agrees to incorporate the language found in this Section, Conflict of Interest, in contracts using CDBG funds and subject to compliance with conflict of interest Federal, State and County laws.

The general rule shall be that no person described in the Persons covered section below of this Section, Conflict of Interest, who exercise, or has exercised any function or responsibilities with respect to CDBG activities, or who is in a position to participate in a decision making process or gain inside information with regards to such activities, may obtain a financial interest or benefit from a CDBG-assisted activity, or have a financial interest in any contract, subcontract, or agreement with respect to CDBG-assisted activity, or with respect to the proceeds of the CDBG-assisted activity, either for themselves or those with whom they have business or immediate family ties, during their tenure or for one year thereafter, Persons covered -The conflict of interest provisions of this Section, Conflict of Interest, shall apply to any person who is an employee, agent, consultant, officer, or elected official or appointed official of the City, or of any designated public agencies, or of any subrecipients that are receiving CDBG funds.

The Consultant represents, warrants and agrees that to the best of its knowledge, it does not presently have, nor will it acquire during the term of the Contract, any interest direct or indirect, by contract, employment or otherwise, or as a partner, joint venture or shareholder (other than as a shareholder holding a one (1%) percent or less interest in publicly traded companies) or affiliate with any business or business entity that has entered into any contract, subcontract or arrangement with the County or County of Los Angeles Community Development Commission. Upon execution of this Contract and during its term, as appropriate, the Consultant shall, disclose in writing to the County any other contract or employment during the term of this Contract by any other persons, business or corporation in which employment will or may likely develop a conflict of interest between the County's and/or Commission's interest and the interests of the third parties.

Records and Audits
The Consultant shall maintain accounts and records, including personnel, property and financial records, adequate to identify and account for all costs pertaining to this Agreement and such other records as may be deemed necessary by the CITY to assure proper accounting for all project funds, both federal and non-federal shares, These records will be made available for audit purposes to the CITY or any authorized representative, and will be Exhibit 2 g02

retained five (5) years after the expiration of this Agreement unless permission to destroy them is granted by the CITY. (24 CFR Part 84, Sec., 84,53)

4. County Lobbying Certification.

The Consultant certifies that:

A. It is understood that each person/entity/firm who applies for a Community Development Commission contract, as part of that process, shall certify that they are familiar with the requirements of the Los Angeles County Code Chapter 2.160, (Los Angeles County Ordinance 9.-0031) and;
B. That all persons/entity/firm who seek a contract with the Community Development Commission shall be disqualified therefrom and denied that contract and, shall be liable in civil action, if any lobbyist, lobbying firm, lobbyist employer or any other person or entity acting on behalf of the above named firm fails to comply with the provisions of the County Code.

5. Consultant's Warranty of Compliance with County's Defaulted Property Tax Reduction Program:

A. The Consultant acknowledges that the County has established a goal of ensuring that all individuals and businesses that benefit financially from the County through contract are current in paying their personal and real property tax obligations (secured and unsecured roll) in order to mitigate the economic burden otherwise imposed upon the County and its taxpayers. Unless the Consultant qualifies for an exemption or exclusion, the Consultant warrants and certifies that to the best of its knowledge it is now in compliance, and during the term of this Agreement will maintain compliance, with the County's Defaulted Tax Program, found at Los Angeles County Ordinance No. 2009-0026 and codified at Los Angeles County Code, Chapter 2.206.

B. Failure of the Consultant to maintain compliance with the requirements set forth in the "County's Defaulted Property Tax Reduction Program " shall constitute default under this Agreement. Without limiting the rights and remedies available to the City under any other provision of this Agreement, failure of the Consultant to cure such default within 10 days of notice shall be grounds upon which the City may suspend or terminate this Agreement pursuant to the County's Defaulted Property Tax Reduction Program found at Los Angeles County Ordinance No. 2009-0026 and codified at Los Angeles County Code, Chapter 2.206.

6. Federal Lobbying Certification.

The Consultant certifies that:

A. No Federal appropriated funds have been paid or will be paid, by or on behalf of the Consultant, to any person for influencing or attempting to influence an officer or employee of any agency, a Member of Congress, and officer or employee of Congress, or an employee of any Member of Congress in connection with the awarding of any Federal contract, the making of any cooperative agreement, and the extension, continuation renewal, amendment, or modification of any Federal contract, grant, loan or cooperative agreement.

Exhibit 2 53

B. If any funds other than Federal appropriated funds have been paid or will be paid to any person for influencing or attempting to influence an officer or employee of any agency, a Member of Congress in connection with this Federal contract, grant, loan, or cooperative agreement, the Consultant shall complete and submit Standard Form-LLL, "Disclosures Form to Report Lobbying", in accordance with its instructions.

C. The Consultant shall require that the language of this certification be included in all subcontracts and that all subcontracts shall certify and disclose accordingly.

Exhibit 2 *04

COUNTY LOBBYIST CODE -CHAPTER 2.160
COUNTY ORDINANCE NO. 93-0031

CERTIFICATION
Name of Firm: ' 7111/-0 St rUC7tL€tf,
Address: 30 eta f �r`
State: CA Zip Code: a g / Phone No: 11 `1
/ PAF
Acting on behalf of the above named firm, as its Authorized Official, I make the following Certification to the County of Los Angeles and the Community Development Commission, County of Los Angeles:

1. It is understood that each person/entity/firm who applies for a Community Development Commission contract, and as part of that process, shall certify that they are familiar with the requirements of the Los Angeles County Code Chapter 2.160, (Los Angeles County Ordinance 93-0031) and;

2. That all persons/entities/firms acting on behalf of the above named firm have and will comply with the County Code, and;

3. That any person/entity/firm who seeks a contract with the Community Development Commission shall be disqualified therefrom and denied the contract and, shall be liable in civil action, if any lobbyist, lobbying firm, lobbyist employer or any other person or entity acting on behalf of the above named firm fails to comply with the provisions of the County Code.

The certification is a material representation of fact upon which reliance was placed when this transaction was made or entered into. Submission of this certification is a prerequisite for making or entering into contract with the Los Angeles County and the Community Development Commission, County of Los Angeles.

Authorized Official:

Exhibit 2
505

FEDERAL LOBBYIST REQUIREMENTS CERTIFICATION
Name of Firm: 1-,Ci 57 1 d 1
Address:_ 30 Go
State: CA
Er) 41/..e)
Tfi
Zip Code: g r°2 I Phone No:

Date:

Acting on behalf of the above named firm, as its Authorized Official, I make the following Certification to the Department of Housing and Urban Development (HUD) and the Community Development Commission, County of Los Angeles:

1. No Federal appropriated funds have been paid, by or on behalf of the above named firm to any person for influencing or attempting to influence an officer or employee of a Member of Congress, an officer or employee of Congress, or an employee of a Member of Congress in connection with the awarding of any Federal contract, the making of and Federal grant, loan or cooperative agreement, and any extension, continuation, renewal, amendment, or modification thereof, and;

2. If any funds other than Federal appropriated funds have been paid or will be paid to any person for influencing or attempting to influence an officer or employee or any agency, a Member of Congress an officer or employee of Congress or an employee of a Member of Congress in connection with the Federal contract, grant loan, or cooperative agreement, the above named firm shall complete and submit Standard Form-LLL, "Disclosure Form to Report Lobbying", in accordance with its instructions, and;

3. The above name firm shall require that the language of this certification be included in the award documents for all sub -awards at all tiers (including subcontracts, sub -grants, and contracts under grants, loans, and cooperative agreement) and that all sub -recipients shall certify and disclose accordingly.

This certification is a material representation of fact upon which reliance was placed when this transaction was made or entered into. Submission of this certification is a prerequisite for making or entering into the transaction imposed by Section 1352 Title 31, U.S. Code.

Any person who fails to file the required certification shall be subject to a civil penalty of not less that $10,000 and not more than $100,000 for each such failure.

Authorized Official:

Name:

Signature:

Exhibit 2 506

7100 Garfield Avenue • Hell Gardens, CA 90201.562-800700 • www belltimiens.oig October 5, 2020
Farzad Dorrani, CEO
Infrastructure Engineers
3060 Saturn Street, Suite 250
Brea, CA 92821
Re: Letter Agreement for One (1) Year Extension to Infrastructure Engineers Agreement Dear Mr. Dorrani,
This Letter confirms the mutual agreement between the City of Bell Gardens ("City") and Infrastructure Engineers ("Consultant") (collectively the "Parties") to extend the existing agreement between the Parties for professional engineering. services. The term of the existing Agreement is for three years beginning on the date set on November 27, 2017 with an option to renew for two additional years exercisable by the City Manager.

Accordingly, the City and Consultant now desire to extend the term of the Agreement one (1) year for the period commencing November 27, 2020 and ending. November 27, 2021 ("Extension Term"). The Parties agree that all remaining terms of the Agreement shall remain in full force.

By executing below, the undersigned Parties agree to, the Extension Term as described herein.

Please sign where indicated below and retum the signed original of this Letter to address above at your earliest convenience. If you have any questions, please feel free to contact me at (582) 334- 1790.

Sincerely,
City of Bell Gardens 1"C
Michael B. O'Keily, City Manager
Infrastructure Engineers ("Consultant")

October 5, 2021
Sid J. Mousavi, Chief Executive Officer
Infrastructure Engineers
3060 Saturn Street, Suite 250
Brea, CA 92821
Re: Letter Agreement for One (1) Year Extension to Infrastructure Engineers Agreement Dear Mr. Mousavi,
This Letter confirms the mutual agreement between the City of Bell Gardens ("City") and Infrastructure Engineers ("Consultant") (collectively the "Parties") to extend the existing agreement between the Parties for professional engineering services. The term of the existing Agreement is for three years beginning on the date set on November 27, 2017 with an option to renew for two additional years exercisable by the City Manager.

Accordingly, the City and Consultant now desire to extend the term of the Agreement one (1) year for the period commencing November 27, 2021 and ending November 27, 2022 ("Extension Term"). The Parties agree that all remaining terms of the Agreement shall remain in full force.

By executing below, the undersigned Parties agree to the Extension Term as described herein.

Please sign where indicated below and return the signed original of this Letter to address above at your earliest convenience. If you have any questions, please feel free to contact me at 562-806-7702.

Sincerely,
City of Bell Gardens ("City")
r{ichael B. O'Kelly, City Managtrr
Infrastructure Engineers ("Consultant")
hief Executive Officer

EXHI IT " "

REVISED TE SCHEDULE
Exhibit 2 509

City of Bell Gardens
2022-2023 HOURLY RATE SCHEDULE
(effective March 1, 2022)
Principal in Charge $238
Civil Engineering/Traffic Engineering
Project Manager
Principal Engineer
Senior Engineer
Senior Plan Check Engineer
Plan Check Engineer
Associate Engineer
Assistant Engineer
Engineering Associate
Engineering Assistant
GIS Analyst
CAD Manager
CAD Designer
CAD Technician
Engineering Technician
Principal Traffic Engineer
Senior Traffic Engineer
Traffic Engineer
Water/Wastewater/NPDES
Senior Water Engineer
Water Engineer
Program Manager (NPDES)
Inspector (NPDES)
Environmental Scientist
Surveying
Project Manager
Plan Checker
(Subdivision & Survey Document)
Survey Analyst $150
Survey Crew (2 -man) $236
Survey Crew $278
(2 -man, prevailing wages)
Construction Management
Construction Manager
Resident Engineer
Scheduler/Controller
Utilities Coordinator
Senior PW Observer/Inspector
Senior PW Observer/Inspector
(prevailing wages)
PW Observer/Inspector $113
PW Observer/Inspector $159
(prevailing wages}
$188
$188
$163
$138
$130
$191
$185
$180
$170
$175
$165
$155
$145
$135
$115
$150
$135
$110
$100
$105
Community Development —
Environmental & Planning
Director $195
Development Services Manager $189
Project Manager $173
Planning Manager $167
Principal Planner $163
Senior Planner $153
Associate Planner $139
Assistant Planner $129
Planning Technician $98
CEQA/NEPA Specialist $175
Environmental Specialist $170
Senior Environmental Planner $165
Environmental Planner 11 $155
Environmental Planner I $144
Environmental Technician $ 100
$185 Municipal Engineering Support
$170 Interim City Manager $220
$150 Assistant/Deputy City Manager $197
City Engineer $178
City Traffic Engineer $169
$167 Deputy City Engineer $169
$158 Deputy City Traffic Engineer $161
$168 Plan Check Engineer $178
$110 Plan Examiner $155
$105 CIP Manager $178
Associate Engineer $149
Engineering Associate $142
$185 Engineering Assistant $118
$162 Engineering Technician $106
Building & Safety
Building Official $175
Plan Check Engineer $165
Landscape Plan Checker $162
Senior Certified Access Specialist $165
Certified Access Specialist $155
Plans Examiner $145
Code Enforcement Manager $145
Code Enforcement Officer $127
Senior Building Inspector $127
Building Inspector $120
Grading Inspector $120
Counter Technician $105

INFRASTRLICTLIRE

ENGINEERS
Fire Prevention
Fire Marshal $165
Fire Investigator $154
Fire Plans Examiner $143
Senior Fire Inspector $138
Fire Inspector $120
Counter Technician $93
Architectural Services
Director $200
Studio Manager $184
Senior Project Manager/ $176
Senior Architect
Project Manager/Project Architect $155
Senior Job Captain $126
Job Captain $105
Drafter $90
Program Management/Public Outreach
Program Director
Web Designer
Media Specialist
Program Coordinator
Photographer
Outreach Specialist
Interpreter/Translator
Production Assistant
Fund Administrator
Labor Compliance Coordinator
Administrative & Clerical Services
$184
$150
$145
$135
$128
$125
$125
$85
$138
$105
Organizer/Supervisor $108
Administrative Assistant $90
Clerk Typist $80
Other Charges
Delivery $110
Mileage (Current federal guideline
rate @ time of billing)/Mile
Travel Cost + 15%
Reimbursements Cost + 15%
Additional billing classifications may be added to the above list throughout the year as new positions are created. The above schedule is for straight time. Overtime will be charged at 1.5 times. Sundays and Holidays are charged at 2.0 times the standard time. Deposition and court appearances will be charged at 1.5 times the listed billing rates.

Exhibit 2
510

CITY OF BELL GARDENS

OFFICE OF THE CITY MANAGER

AGENDA REPORT
Item 14.

TO:

FROM:

BY:

SUBJECT:

Honorable Mayor and City Council Members
Michael B. O'Kelly, City Manager
Bernardo I niguez, Director of Public Works/Facilities

RESOLUTION APPROVING A FIRST AMENDMENT TO PUBLIC TRANSIT SERVICES

AGREEMENT WITH PCAM, LLC DBA PARKING COMPANY OF AMERICA TO EXTEND

THE TERM FOR ONE ADDITIONAL YEAR
DATE: December 11, 2023
RECOMMENDATION:

It is staff's recommendation that the City Council adopt the attached Resolution authorizing the City Manager to execute the First Amendment with PCAM, LLC dba Parking Company of America.

BACKGROUND/DISCUSSION:

The City Council awarded a five-year agreement to PCAM, LLC dba Parking Company of America ("PCA") with a term from January 1, 2019 through December 31, 2023.

On May 8, 2023, staff recommended the City Council adopt a resolution approving the City's Zero Emission Bus Rollout Plan in response to the California Air Resources Board's Innovative Clean Transit Regulation OCT").

Although ICT requires small operators, such as Bell Gardens, to purchase or operate 25% zero -emission buses from 2026 to 2028, and 100% zero -emission buses by 2029, the City's Zero Emission Rollout Plan committed to requiring the City's transit service provider to provide 100% zero -emission buses as part of the upcoming Request for Proposals for Public Transit Services ("RFP"), with an expected implementation date of January 1, 2024.

After further assessment, staff has determined it would not have been reasonable for the City to release a RFP this year and expect the City's public transit service provider to provide 100% zero -emission buses by January 1, 2024.

This is due to the anticipated procurement lead time ranging from 6 to 12 months for the successful public transit service provider to place the bus purchase orders and for the buses to be delivered. Aside from the long lead-time to procure the zero -emission buses, the cost of a zero -emission bus can be expected to be greater than the cost of a gasoline fueled bus due to the relatively new technology and scarcity of these types of buses.

In order to release the RFP and allow the prospective public transit service providers ample time to provide the zero - emission buses required in the City's Zero Emission Rollout Plan, staff is recommending extending the current agreement with PCA for one (1) additional year, through December 31, 2024. The RFP would be released in January 2024, with a tentative agreement award by March or April 2024.

PCA has agreed to hold their current 2023 pricing through 2024 as part of the agreement extension. PCA has also agreed to perform the 45 -day California Highway Patrol inspections and preventative maintenance on the City -owned Senior Bus as part of the agreement extension. These services are requirements from the Federal Transit Administration ("FTA") and Metro, since FTA Section 5310 funds were used to purchase the Senior Bus. 511

CONCLUSION:

Approving the First Amendment would extend the PCA agreement term for one additional year, which will allow staff to complete the process for a competitive public transit services procurement without interruptions in public transit services.

FISCAL IMPACT:

Funding for contract public transit services is available in the FY 2023/24 budget.

ATTACHMENTS:

Exhibit 1 - Resolution No. 2023-116
Exhibit 2 - Agreement with Exhibits
APPROVED ELECTRONICALLY BY:

Michael B. O'Kelly, City Manager
Stephanie Vasquez, City Attorney and/or Susie Altamirano, Assistant City Attorney Manuel Carrillo, Director of Finance and Administrative Services 512

RESOLUTION NO. 2023-116

A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF BELL GARDENS,

CALIFORNIA, APPROVING A FIRST AMENDMENT TO THE PUBLIC TRANSIT

SERVICES AGREEMENT BY AND BETWEEN THE CITY OF BELL GARDENS

AND PCAM, LLC DBA PARKING COMPANY OF AMERICA
WHEREAS, on January 1, 2019, the City of BeII Gardens ("City") entered into an Agreement with PCAM, LLC dba Parking Company of America ("PCA") for public transit services; and
WHEREAS, the Agreement is set to expire on December 31, 2023; and WHEREAS, on May 8, 2023, the City Council adopted a Resolution approving the City's Zero -Emission Rollout Plan; and
WHEREAS, on May 8, 2023, the City Council adopted a Resolution approving the City's Zero -Emission Rollout Plan, which committed to requiring the City's transit service provider to provide 100% zero -emission buses as part of the upcoming Request for Proposals for Public Transit Services ("RFP"); and
WHEREAS, after further assessment, staff has determined it was not reasonable for the City to release a RFP this year and expect the City's public transit service provider to provide 100% zero -emission buses by January 1, 2024, due to long lead-time to procure zero -emission buses; and
WHEREAS, in order to release a RFP and allow prospective public transit service providers ample time to provide the zero -emission buses required in the City's Zero Emission Rollout Plan, staff is recommending extending the current agreement with PCA for one (1) additional year, through December 31, 2024; and WHEREAS, PCA has agreed provide public transit services for one (1) additional year at the current pricing and to perform the 45 -day California Highway Patrol inspections and preventative maintenance on the City -owned Senior Bus as part of the agreement extension; and
WHEREAS, the Parties wish to modify the Agreement to extend the Term of the Agreement to December 31, 2024 to allow the City to under a rigorous RFP process.

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

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

Exhibit 1 513

Resolution No. 2023-116
SECTION 2. Based upon the above recitals, the staff report accompanying this Resolution, and such other oral and written evidence, the Bell Gardens City Council hereby approves a First Amendment to the Agreement with PCAM, LLC dba Parking Company of America which is attached to the staff report as Exhibit 2.

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

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

PASSED, APPROVED and ADOPTED this 11th day of December, 2023.

THE CITY OF BELL GARDENS
Francis De Leon Sanchez, Mayor
APPROVED AS TO FORM: ATTEST:

Stephanie Vasquez
City Attorney
2 of 3
Daisy Gomez
City Clerk
Exhibit 1 514

Resolution No. 2023-116
I, , City Clerk of the City of Bell Gardens, hereby CERTIFY that Resolution No. was adopted by the Bell Gardens City Council at a regular meeting held on, , and was approved and passed by the following vote:

AYES:

NOES:

ABSTAIN:

ABSENT:

Daisy Gomez, City Clerk
3 of 3
Exhibit 1 515

2023

FIRST AMENDMENT TO CONTRACT SERVICES AGREEMENT
(Contractor: PCAM, LLC dba Parking Company of America)
(Nature of Engagement: Operation of Public Transit Services) THIS FIRST AMENDMENT (hereinafter, "First Amendment") to that certain agreement entitled "Agreement for Operation of Public Transit Services in the City of Bell Gardens Between the City of Bell Gardens and Parking Company of America." and dated January 1, 2019 (hereinafter, the "Master Agreement"), is hereby made and entered into this day of , 2023 (hereinafter, "Effective Date") by and between the CITY OF BELL GARDENS, a municipal corporation (hereinafter, "CITY") and PCAM, LLC DBA PARKING COMPANY OF AMERICA (hereinafter, "CONTRACTOR"). For purposes of this First Amendment, the capitalized term "Parties" shall be a collective reference to both CITY and CONTRACTOR. The capitalized term "Party" may refer to either CITY or CONTRACTOR, interchangeably as appropriate.

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

WHEREAS, on January 1, 2019, the Parties executed and entered into the Master Agreement for operation of public transit services; and WHEREAS, the Master Agreement is attached and incorporated hereto as Exhibit "A"; and
WHEREAS, the Master Agreement is set to expire on December 31, 2023; and WHEREAS, the Parties wish to modify the terms of the Master Agreement to extend the Term for one year to allow CITY to undergo a rigorous Request for Proposals process; and
WHEREAS, the Parties further wish to revise the scope of services so that CONTRACTOR can perform 45 -day California Highway Patrol inspections and preventative maintenance on the City -owned Senior Bus; and WHEREAS, the additional services to be performed by CONTRACTOR are set forth and more particularly described in CONTRACTOR's November 28, 2023 "One Year Extension" (hereinafter, the "2023 CONTRACTOR'S SUPPLEMENTAL SERVICES") which is attached and incorporated hereto as Exhibit "B".

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

SECTION 1. Section 24. (MAINTENANCE) is hereby modified to include the additional services as set forth in the 2023 CONTRACTOR'S SUPPLEMENTAL SERVICES, which is attached and incorporated hereto as Exhibit "B". 1 Exhibit 2 516

SECTION 2. Exhibit A. (PRICE SHEET) of the Agreement is hereby amended to increase the Not -to -Exceed Amount of THREE MILLION EIGHT HUNDRED FIFTEEN

THOUSAND THREE HUNDRED NINETY-FIVE DOLLARS AND FIFTY-FIVE CENTS ($3,815,395.55) by EIGHT HUNDRED SIXTEEN THOUSAND DOLLARS ($816,000) for a new Total Not -to -Exceed Amount of FOUR MILLION SIX HUNDRED THIRTY-ONE

THOUSAND THREE HUNDRED NINETY-FIVE DOLLARS AND FIFTY-FIVE CENTS ($4,631,395.55) to allow for services to continue through the new Term and to allow for the additional services contemplated under the First Amendment.

SECTION 3. Except as otherwise set forth in this First Amendment, the Master Agreement shall remain binding, controlling, and in full force and effect. This First Amendment, together with the Master Agreement, shall constitute the entire, complete, final, and exclusive expression of the Parties with respect to the matters addressed in both documents.

SECTION 4. The provisions of this First Amendment shall be deemed a part of the Master Agreement and except, as otherwise provided under this First Amendment, the Master Agreement and all provisions contained therein shall remain binding and enforceable. In the event of any conflict or inconsistency between the provisions of this First Amendment and the provisions of the Master Agreement, the provisions of this First Amendment shall control, but only in so far as such provisions conflict with the Master Agreement and no further.
(SIGNATURES ON NEXT PAGE)
2 Exhibit 2 517

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

CITY: CONTRACTOR:

CITY OF BELL GARDENS PCAM, LLC DBA PARKING

COMPANY OF AMERICA
By: By:

Michael B. O'Kelly, City Manager
Date:

APPROVED AS TO FORM:

By:

Stephanie Vasquez, City Attorney
Date:

Name:

Title: _
Date:
3 Exhibit 2 518

EXHIBIT "A"

MASTER AGREEMENT
4 Exhibit 2 519

AGREEMENT FOR OPERATION OF PUBLIC TRANSIT

SERVICES IN THE CITY OF BELL GARDENS

BETWEEN THE CITY OF BELL GARDENS AND

PARKING COMPANY OF AMERICA, LLC

THIS AGREEMENT FOR OPERATION OF PUBLIC TRANSIT SERVICES IN THE CITY OF BELL GARDENS ("Agreement"), is made and entered into on January 1, 2019 ("Effective Date"), between the City of Bell Gardens, a California Municipal Corporation, ("City") and PCAM, LLC dba Parking Company of America, LLC, a California Corporation ("Contractor")

RECITALS
A. City seeks to contract with a transportation company to provide public transit service in the form of fixed route and dial -a -ride service in the City.

B. Contractor submitted a bid on September 17, 2018 ("Proposal or Bid") in response to City's Request for Proposals ("RFP"). A copy of Contractor's Bid is attached to this Agreement as Exhibit A and incorporated herein. Pursuant to the RFP, the contents of Contractor's Bid shall become a contractual obligation under this Agreement.

C. The City has determined that Contractor meets all of the standards and requirements necessary to provide public transit service in the form of fixed route and dial -a -ride services in the City.

D. Contractor has agreed to provide such services, subject to and in accordance with the terms and conditions set forth in this Agreement.

NOW THEREFORE, in consideration of the promises, covenants, and conditions set forth in this Agreement, the parties hereby agree as follows:

2. TRANSPORTATION SERVICES
A. Contractor will act in the capacity of an independent contractor and will provide management, technical and operating personnel, services, equipment and maintenance facilities necessary for the operation of the City's transit services as detailed in City's RFP and Contractor's Proposal. As part of Contractor's obligation to City under this Agreement, Contractor shall, unless specifically directed otherwise by the Director of Public Works or his/her designee ("Director") in writing, perform all of the following activities:
• Hire all drivers, trainers, supervisors and related personnel necessary to perform the transit services contemplated herein;
Exhibit 2
520
1 • Conduct and maintain daily operation of the transit services described in the RFP and agreed to by Contractor;
• Perform maintenance of all vehicles operating within the City as required by law and on an as needed basis;
• Establish and maintain preventative maintenance program approved by the Director;
• Conduct all training of Contractor and City personnel as required by law the RFP, and this Agreement;
• Ensure the safety and security of passengers and for all related equipment and facilities;
• Maintain a transit and vehicle storage facility;
• Fuel (gasoline, diesel) shall be provided as described in the RFP; • Maintain accurate and complete record keeping and reporting as required by law, the RFP, and this Agreement;
• Provide information services as required by law, the RFP, and this Agreement;
• Secure insurance in the form and amounts described in the RFP and this Agreement;
• Obtain all licenses required by law, the RFP and this Agreement; and • Conduct alcohol and drug testing of its workers as required by law, the RFP and this Agreement
B. Contractor shall also provide the City with technical assistance and consultation as requested by the Director in such matters as operating policies, funding, marketing/promotion and coordination with other transit providers at no additional charge to the City.

3. TERM
This Agreement shall commence on the Effective Date as specified above, and continue until December 31, 2023. ,

4. PAYMENT
A. Contractor shall bill City on a monthly basis for services provided under this Agreement.

B. Payment to Contractor will be made within 45 days of receipt of the Contractor's invoice along with an accurate and complete report on a monthly basis. Invoices shall be submitted to the Director for approval. Invoices shall include a breakdown of service hours, miles and ridership as detailed in Section 2 and 6 of Exhibit 2
521
2 this Agreement.

5. DATA COLLECITON AND REPORTING
A. Contractor shall collect the following information, at a minimum, on a daily basis:
• Passengers per hour (and per route);
• Vehicle service hours (by vehicle revenue hours and total hours; • Vehicle revenue miles
• Vehicle total miles;
• Revenue (by route);
• Passenger travel time;
• Vehicle condition reports;
• Vehicle PM inspection reports;
• Vehicle and passenger accidents and incidents*;
• Employee training and turnover;
• Complaints and compliments, including Contractor's response*; • Problems and possible solutions;
• Pertinent critiques and evaluation of system and service *to be reported to the Director within 24 hours
B. All reports prepared by Contractor shall become the property of the City.

C. Contractor shall establish and provide forms and report procedures for the collection of operational data on a daily, weekly and monthly basis. Monthly reports shall be due with the invoice no later that the tenth (10th) calendar day of the following month. The City reserves the right to amend, add or delete from the requirement of the reporting process at anytime, with written notification and instructions no less than 14 days prior to requested changes.

D. Vehicle service hours shall be defined as the following:
$ Dial -A -Ride: Time from first pick-up to time of last drop off, less any lunchtime.

Fixed Route: Time from first scheduled departure to arrival at last scheduled time point.

6. MONTHLY REPORTS
A. Contractor shall prepare a monthly report summarizing the data collected daily.

Exhibit 2
522
3 Data reported will include items listed in Section S.A. above; in addition, a narrative summary will be included. Also included will be adherence to performance standards and goals as set forth in Section 27 of this Agreement. Data will be reported by month, year-to-date and compared to prior year month and year-to- date. Maintenance activity per vehicle and fuel consumption per vehicle shall also be reported, as will fare collection.

B. Contractor shall submit a typed report to the Director by the 10th day of the following month. In addition to the monthly reporting, the Contractor shall supply any and all reports necessary to comply with requirements of the Los Angeles County Metropolitan Transportation Authority (LACMTA) and other local, state, or federal authorities including, but not limited to, National Transit Database (NTD) reporting.

C. Contractor shall also provide the Director with immediate telephone notice of any accident, followed by written copies of accident reports within 1 business day of the occurrence. Contractor shall provide copies of CHP Safety Compliance Reports within 2 business days after CHP submission to Contractor.

7. TRANSITION AND IMPLEMENTATION PLAN
A. Contractor agrees to work with City representatives and representatives of the City's current transit services provider to develop a Transition and Implementation Plan to enable a smooth transition of the City's transit services to the reasonable satisfaction of the Director.

B. Contractor agrees to make reasonable efforts to retain the drivers and scheduling staff currently providing this service during the transition period from the existing contract to this new Agreement.

8. FARE COLLECTION
A. Contractor's drivers shall collect fares as established by the City and will maintain an accurate count of all boarding passengers by fare category.

Contractor will install locking fare boxes (Main, Diamond, or equivalent) on each fixed route and Dial -A -Ride bus and have 2 vaults for each fare box.

B. City personnel will dump each vault daily in the afternoon at the Public Works Department and replace the vault with an empty vault. The City will be responsible for dumping fares, counting revenue, and depositing revenue.

C. On Saturday evenings the Contractor will be required to dump vaults and turn in the vaults the next business day to the City.

9. LICENSES
Contractor shall provide and maintain any and all applicable local, state and 4 Exhibit 2 523

federal licenses during the term of this Agreement. Contractor shall also be solely responsible for any parking and traffic violations of vehicles operated in connection with the transit service. If notice of violation in a City owned vehicle is received by the City, City may pay for such violation and deduct the amount paid from future payments to Contractor.

10. UNIFORMS
Contractor shall provide and maintain clean, identical uniforms to be approved by the Director (which shall not be unreasonably withheld) for all drivers and shall enforce a dress and appearance code, which shall also be subject to the same approval process. At a minimum, dress requirements shall include: shirts, slacks or shorts, jackets for use in cold or rainy weather, identification tags and City specified logo.

11. SAFETY/SECURITY
A. Contractor shall be responsible for the safety and security of passengers during operations and for all related equipment and facilities. Contractor shall include specific procedures in the proposal, which define the safety and security program for transit services. Contractor shall report all hazardous conditions (downed trees, signs, etc.) in the service area to the City and take necessary precautions to safeguard passengers and personnel. Contractor shall not be required to provide on -board security guards. Contractor shall notify local law enforcement authorities if response is required on any vehicle.

B. Contractor shall require all drivers to attend a monthly safety meeting, which shall be a minimum of 1 hour in duration. Contractor shall implement a planned program of safety retraining to be conducted at the safety meetings. City representatives shall be allowed to attend said safety meetings.

C. Contractor shall comply with any FTA security requirements implemented since 09/11/01.

12. COMMUNICATIONS AND SCHEDULING SYSTEM
A. Radios for 6 vehicles operated by the Contractor will be provided by the City.

The City will be responsible for radio air time. Radio maintenance will be the responsibility of the City.

B. The Contractor will be responsible for the purchase and maintenance of any radios necessary for spare vehicles and to communicate with their drivers when the City dispatch office is dosed.

13. TERMINATION AND SATISFACTION GUARANTY
In the event City is dissatisfied with Contractor's service for any reason during the term of this Agreement, City may terminate the Agreement by providing 60 days written Exhibit 2
524
5 notice to Contractor.

If this Agreement is terminated by the City pursuant to this section, Contractor will refund to the City any and all profits made by Contractor during the 12 months immediately preceding the effective date of termination, up to a maximum amount of $25,000.

Contractor may not terminate this Agreement for any reason without providing City with at least 120 days written notice.

14. RECORDS AND INSPECTIONS
Contractor shall maintain full and accurate records with respect to all matters covered under this Agreement for a period of 3 years after the expiration or termination of this Agreement. The Director shall have the right to access and examine such records, without charge, during normal business hours. The Director shall also have the right to audit such records, to make transcripts, there from and to inspect all program data, documents, proceedings, and activities.

15. PRE -OPERATIONAL INSPECTIONS
Contractor shall ensure that Contractor's employees conduct a daily full pre- operational inspection of each vehicle, including wheelchair mechanism, prior to leaving the facility. The following is included in the `vehicle service hour' and may not be billed to the City:
• Pre -operational inspection;
• Time required traveling to and from the first pick-up/drop-off for dial -a -ride and scheduled departure/arrival point for fixed route; and • Driver lunch breaks.

16. CITY TO PROVIDE DISPATCH SERVICES
City personnel will provide dispatching services for Dial -A -Ride and Fixed Route services as follows:

Dial -A -Ride
Days Dispatch Hours
Mon -Fri 7:30 a.m. to 7:00 p.m.

Saturdays No Services
Sundays No Services
Fixed Route
Days Dispatch Hours
Mon -Fri 6:30am — 5:30pm
Saturdays 6:30am — 5:30pm
Sundays No Services
Exhibit 2 525
6 17. ROUTES AND ADJUSTMENTS
A. Fixed route vehicles shall travel on routes and schedules as prescribed by the City.

B. Contractor will make appropriate adjustments to the route or schedule if the City adjusts the system at some future date as determined by City. Modifications may include but not be limited to; increasing or decreasing service hours and/or days, or switching service hours and equipment between modes. The City may increase or decrease service hours upto20%withoutachangeinthe hourly rate.

18. TRANSIT FACILITY AND VEHICLE SECURITY
Contractor has identified its site at 3165 Garfield Avenue, Commerce, CA 90040 as the designated transit and vehicle storage facility under this Agreement. Contractor warrants that it will at all times during the term of this Agreement maintain the site in a clean and safe condition to the reasonable satisfaction of the Director.

19. MANAGEMENT AND STAFF
A. Contractor's management personnel shall familiarize themselves with all services required under this Agreement to allow them to provide general public information. Employees will be tested, interviewed, and trained by Contractor.

B. Management of the day-to-day operations in the system will be vested in Joseph Valadez, Executive Vice President, Suzie Cooley, Senior Vice President and Mario Cardenas, Vice President of Transportation. In addition, a responsible corporate staff employee of the Contractor will be available to make decisions or provide coordination as necessary in the event of the site manager's absence.

Contractor shall provide adequate and reasonable field supervision of Contractor's employees while in performance of duties related to the transit service and shall ensure that all employees adhere to all policies and guidelines set forth by the City.

C. Either Joseph Valadez, Executive Vice President, Suzie Cooley, Senior Vice President and/or Mario Cardenas, Vice President of Transportation will attend staff meetings with the City as scheduled and perform liaison activities with the City. Presentations to visitors will be carefully controlled and determined by the City and visitors will not be permitted to interfere with operations. Appointments for visits will be made in advance and approved by the Director before the visitors arrive.

D. All of the services required hereunder shall be performed by the Contractor or under its supervision, and all personnel engaged in performing the services shall be authorized under applicable federal, state, and local law to perform such services, The Contractor agrees that the services required hereunder shall at all times be subject to reasonable review and approval by the Director.

Exhibit 2
526
7 20. COMPLIANCE WITH LAWS
Contractor shall operate the City's transit system in compliance with the City's operating policies, and with all applicable local, state, and federal ordinances, laws and regulations. Contractor agrees to pay and all fines, penalties and/or fees assessed against City arising out of or in connection with Contractor's failure to comply with any of these laws and regulations. Contractor will operate the system in accordance with the usual transit industry procedures and standards or as otherwise provided in the RFP, in Contractor's Proposal, or in this Agreement. City's dispatchers shall schedule and permit driver lunch breaks and rest breaks as required by law.

21. INDEMNIFICTION & INSURANCE REQUIREMENTS
A. Contractor agrees to protect, indemnify, defend and hold harmless the City, its officers, agents and employees, from and against any and all claims, demands, or liability from or relating to loss, damage, or injury to persons or property in any manner whatsoever arising out of or incident to Contractor's performance of work under this Agreement, whether such claims are caused by the negligence of the Contractor or its agents and employees. Except to the extent that such claims, demands, or liability from or relating to loss, damage, or injury to persons or property in any manner whatsoever is the result of the negligence of the City its officials, officers, employees, agents and contractors.

B. Contractor agrees to maintain during the term of the Agreement occurrence version Comprehensive General Liability insurance or equivalent with a combined single limit of not less than $1,000,000 per occurrence. If such insurance contains a general aggregate limit, it shall apply separately to this Agreement or be no less than two times the occurrence limit. In addition, Contractor shall maintain an umbrella policy of $4,000,000 per occurrence. Such insurance shall name the City, its officials, officers, employees, agents and contractors as additional insureds with respect to performance of services and shall contain no special limitations on the scope of coverage or the protection afforded to these additional insureds. The insurance shall be primary with respect to any insurance or self-insurance programs covering the City, its officials, officers, employees, agents and contractors and shall contain standard separation of insureds provision.

C. Contractor agrees to maintain during the term of the Agreement Comprehensive Automobile Liability insurance, to include owned, hired and non -owned vehicles, with a combined single limit of hot less than $1,00Q000 per occurrence. In addition, Contractor shall maintain an umbrella policy in the amount of $4,000,000 per occurrence. In case ofdamage or destruction of any vehicle provided by the City under the terms of this Agreement, the City agrees that liability of the contractor for said damage or destruction shall be limited to the appraised fair market value of the vehicle at the time of the loss.

D. Contractor shall maintain Workers Compensation Insurance as required by California 8 Exhibit 2 527

law.

E. Contractor shall, prior to commencement of work under this Agreement, furnish the City with properly executed certificates of insurance and endorsements, which clearly evidence all insurance required under this proposal and provide that such insurance shall not be canceled or coverage reduced or allowed to expire except on 30 days prior written notice to City. City shall have the sole discretion to determine whether the certificates and endorsements presented comply with the requirements of this Agreement.

22. LIQUIDATED DAMAGES
In the event of a failure to provide service for any reason other than acts of God, strikes of labor disputes, declared emergencies, war or terrorism or other reason beyond the control of Contractor. Contractor shall be assessed $5,000 per day in liquidated damages. These damages shall be deducted from any monies due, or which may thereafter become due, to the Contractor under this Agreement.

23. DRIVER TRAINING
A. Contractor shall provide full training for all Contractor drivers. This training shall be a minimum of 80 hours per employee, of which at least 20 shall be behind the wheel or as may otherwise be required by local, state or federal law or regulations. This training must be completed before a driver can enter unsupervised passenger service. Contractor shall maintain and certify driver records, subject to review by the Director and the California Highway Patrol (CHP).

B. All Contractor employees, including dispatchers and supervisors will be trained and certified as drivers. Such training shall meet all requirements of the State of California. The Contractor's training plan shall provide a minimum of 8 hours of annual refresher training per driver. The training plan may be structured to allow for less than 80 hours of training to new employees with previous transit experience who hold a current Class B license and medical certificate.

C. Contractor shall conduct classroom training in at least the following areas: First aid, cardiopulmonary resuscitation (CPR), Smith System (or approved equivalent), Defensive Driving, customer service, sensitivity/empathy training, emergency and accident procedures, and wheelchair loading and securement procedures.

D. Contractor will have all drivers obtain a Class B license as required by law, and certification in CPR and first aid. All Contractors' employees must pass a pre- employment physical examination and drug and alcohol test, paid for by Contractor, prior to start of training. All Contractors' drivers shall be subject to a pre -employment background check and review of DMV records.

Exhibit 2 528
9 E. Drivers will be trained by a trainer or trainers who are certified by the Smith System (or other approved agency) to instruct the Defensive Driving course; and are certified by either the American Heart Association or Red Cross (or other approved agency) to instruct the drivers in First Aid and CPR. Contractor shall certify trainers in customer service, sensitivity training, emergency and accident procedures, and wheelchair loading and securement procedures, or as may otherwise be required by local, state or federal law or regulations.

F. Contractor shall provide the Director with a list of drivers prior to start-up, and shall update said list monthly, if necessary. Contractor shall not place a driver into service without completing the training program specified above.

24. MAINTENANCE
A, Contractor shall take all action necessary to ensure that vehicles are properly serviced, maintained, repaired, and stored in a manner consistent with the highest industry standards, and shall permit no vehicle to be operated that is not in good repair and proper working order, including wheelchair lifts. Contractor shall establish and maintain a comprehensive Preventive Maintenance Inspection (PMI) program with maximum 3,000 mile or 45 day inspection intervals. Contractor shall maintain maintenance jackets for each vehicle and shall document all maintenance repairs, adjustments and PMI's consistent with industry and the manufacturer's requirements. All maintenance performed shall be fully supported by appropriate work orders.

B. All preventative maintenance and scheduled maintenance will be performed at such times as to avoid impacting the service negatively. It is not the intent of this requirement to preclude necessary maintenance during daytime hours; it is only to ensure that the maximum number of vehicles will be available for service during the daytime. No vehicle shall be placed in service if it has traveled more than 3,000 miles or 45 days since the last PMI.

C. The Contractor will perform or contract all maintenance, both preventive and major repair, provide grease, oil, and all necessary parts and labor required to maintain the vehicles to the Director's satisfaction. Contractor will employ the fleet specific maintenance plan outlined in Contractor's Proposal. Contractors will include in the monthly management report a projection of what PMI checks are scheduled for the following month, including current and projected mileage of those scheduled vehicles, PMI's and maintenance that occurred during the previous month. In addition, the checklist used by the maintenance office during the PMI will be attached to the monthly management report. On a monthly basis, staff will compare the current and previous management reports to ensure that scheduled PMIs occurred within the specified 3,000 -mile or 45 day range. In addition to the annual California Highway Patrol Inspections, the City may conduct direct annual inspections of all vehicles to determine compliance with recommended vehicle maintenance procedures and (at least four times a year) conduct random audits to Exhibit 2
529
10 ensure that PMI's are scheduled and completed per the required mileage and/or days. Competent maintenance personnel shall be available during all hours of system operation.

D. Contractor shall ensure that all vehicles and maintenance facilities and records meet the California Highway Patrol (CHP) standards and requirements. Contractor shall notify the Director of all CHP inspections immediately upon notification and completion.

E. It shall be the responsibility of the Contractor to ensure that all federal, state and focal laws, regulations, ordinances, licenses or smog or other inspection requirements governing vehicles in this service are complied with before service is begun and at all times during the term of this Agreement.

F. Negative Maintenance Record cards required by the CHP must be kept in bus files for a minimum of 30 days. Positive Maintenance Record cards must be inspected and appropriate action taken on items noted on the report. After repairs are performed, the mechanic must sign off on the report card. The information must then be transferred to the Contractor's work order. Once this is completed, the maintenance record card becomes a permanent part of the bus file record.

G. If a vehicle fails a daily safety inspection prior to beginning the day's service, it is barred from service until the problems are corrected. For passenger comfort, the heating and air conditioning units and wheelchair lifts of all vehicles must be kept in proper working order at all times.

H. In the event of a failure in service, Contractor shall deploy a vehicle immediately upon notification to replace the failed vehicle within 1 hour and will notify the Director if service is impacted by the reduction in active fleet size. All breakdowns should be handled to ensure maximum availability of vehicles.

25. STAFFING
A. The Contractor shall provide all management, drivers, dispatchers, road supervision, training staff and such other personnel necessary to responsibly operate the City transit system, including any on -board security or supervision.

Management of day-to-day operations of the system will be vested in a local Operations Manager/Site Supervisor who shall be experienced in all aspects of public transit operations.

B. Contractor will recruit, screen, hire, discipline and train personnel as necessary; conduct monthly safety and other related employee meetings as necessary, such as conducting alcohol & drug testing; and perform liaison activities with the City and other agencies related to execution of this Agreement. A copy of employee benefits, work rules and union contracts (if applicable) shall be provided to the Director. Contractor shall meet and coordinate performance of services under this Exhibit 2
530
11 Agreement with the Director on a frequent basis, but in any event not less than once a week.

C. All drivers must have a California Class B driver's license with required endorsements, VTT Certificate and valid medical card. No person shall be permitted to operate a vehicle who has had his or her driver's license revoked or suspended within the past five (5) years. Drivers must be able to read and write legibly, speak clearly & comprehend oral communications, and deal safely and courteously with the public. All drivers must be bilingual (English and Spanish). Contractor shall establish and maintain records of driver's licenses during the term of this. Agreement.

Medical Certificates and Department of Motor Vehicles "printouts" for each individual operating a City vehicle shall be available at all times to the City and shall be updated as required by law.

D. Contractor shall supervise and train all drivers to ensure that they are courteous to all patrons at all times and respond to patrons' questions regarding use of the transit system or connecting systems accurately. Contractor will also attend meetings with user groups or agencies as required or upon request of the Director.

E. All maintenance repair work must be performed by maintenance personnel who have demonstrated experience of at least 1 year in maintenance of similar vehicles or supervised by a qualified maintenance technician with at least 1 year's experience.

26. ADVERTISING AND PROMOTION
A. The City shall control all advertising and promotion. City shall provide all materials for distribution that may include brochures, customer comment forms, periodic surveys, tickets, etc. Contractor shall prepare and provide materials/copies for announcements related to service changes; advisories etc. and distribute brochures and any other material as directed by the Director.

B. Contractor shall assist City in planning and implementation of an appropriate marketing and promotion program. Contractor shall also attend meetings of the City committees or City Council upon request. Upon request by the Director, Contractor will be responsible for making presentations to community organizations and shall report monthly to the Director on all marketing activities.

27. GOALS AND PERFORMANCE STANDARDS
Contractor and City agree on the following goals and performance standards and associated penalty/incentive levels. The determination of whether an individual standard has been met shall be in the Director's sole discretion.

A. Maintenance/Cleanliness:
12 Exhibit 2
531

Standard: The Contractor shall insure that properly maintained fully operable, body damage -free, road worthy, and clean vehicles are operated in service at all times during the term of this Agreement.

Penalty/Incentive: Failure to meet the standard shall result in a penalty of one hundred fifty dollars ($150.00) per vehicle per day.

Driver Appearance and Demeanor:

Standard: The Contractor shall ensure that all drivers are in the required uniform while operating the City service and are well groomed, courteous, and have received sensitivity training for working with seniors and persons with disabilities.

Penalty/Incentive: Failure to meet the standard shall result in a penalty of one hundred dollars ($100.00) per infraction. If five hundred dollars ($500.00) is exceeded for an individual, that driver will be removed from City service.

C. Customer Service:

Standard: The Contractor shall maintain less than 3 valid customer complaints per month.

Penalty/Incentive: Failure to meet the standard shall result in a penalty of one hundred dollars ($100.00) per valid complaint.

D. Administration:

Standard: The Contractor shall submit all required paperwork on time and accurately.

Penalty/Incentive: Failure to meet the standard shall result in a penalty of one hundred fifty dollars ($150.00) per occurrence.

E. Operations:

Standard: Fixed route service shall operate 90% of sampled trips on -time. On - time is defined as 0-10 minutes late with no trips running early.

Penalty/Incentive: Failure to meet the standard will result in a penalty of one hundred dollars ($100.00) per month.

F. Standard: A replacement vehicle shall be placed into service within one hour of the failure of a revenue vehicle.

Penalty/Incentive: Failure to meet the standard will result in a penalty of one hundred dollars ($100.00) per incident.
13 Exhibit 2 532

G. Maintenance:

Standard: The Contractor shall complete preventive maintenance inspections no later than every 3,000 miles or 45 days.

1. Penalty/Incentive: Failure to meet the standard shall result in a penalty of one hundred dollars ($100.00) per day per vehicle. Not to exceed five hundred dollars ($500.00) per incident.

28. PERMITS AND LICENSES
Contractor shall obtain and maintain all necessary licenses, permits, and certificates required by law for the conduct of the Contractor's activities, including a business license issued by the City.

29. COMPLAINTS & LICENSES
A. Contractor shall receive, accept and record all incoming complaints or suggestions on contractor -provided Customer Service Forms. Procedures for processing are as follow:

1. The Contractor receives and records the complaints or suggestions on a Customer Service Form provided by the Contractor.

2. One copy shall be sent directly to the Director no later than 1 business day following receipt of the complaint.

3. The Contractor shall then investigate and recommend action detailing as much subsequent information as possible on a second copy of the Form.

4. A final copy shall be returned to the Director within 7 days of the receipt of the complaint for final resolution/nformation or action by the City.

5. In the event the City receives the initial complaint, a Form shall be forwarded to the Contractor for processing as described above.

B. Procedures regarding accidents/incidents are as follow:

1. The Contractor shall immediately report all accidents or incidents regardless of liability, severity, or damage.

2. Every driver will carry complete accident reporting kits with them in the vehicle (to include accident forms and "Courtesy Cards" supplied by the Contractor).

3. In the event that an accident occurs, the driver will immediately notify dispatch via radio or telephone.

4. "Courtesy cards" will be passed out to all passengers or witnesses to the accident and will be retrieved by the driver.

5. The driver will secure the name, address, phone number, vehicle license number and vehicle description of the involved vehicle or vehicles.

6. The driver will then submit at the end of his/her shift all documents and forms to 14 Exhibit 2 533

dispatch.

7. At the time of telephone or radio communication of the accident, the Contractor staff will advise the Director of said accident immediately by phone or FAX.

8. The Contractor will document and review the accident in writing to the City upon submittal of accident forms describing the cause and nature of the accident.

30. WASHING OF VEHICLES
Contractor shall wash weekly the exterior and dean the interior of the vehicles, and will sweep daily and maintain the good appearance of the interiors to provide a public image satisfactory to the Director. All graffiti will be removed on the day it is discovered.

31. NON-DISCRIMINATION
In the performance of its duties under this Agreement, Contractor agrees that it will not discriminate against any member of the public, employee, subcontractor, or applicant for employment because of race, color, religion, ancestry, sex, national origin, disability, sexual orientation, or age.

32. NEW VEHICLES
A. Contractor shall provide the following new vehicles for City service:

Fixed Route
Dial -A -Ride
Make
Ford
Star Craft
Fuel Type
Gasoline
Gasoline
Number
T1, T2 & T3
D4, D5 & D6
Seating Capacity
18 + 2 w/c
16 + 2 w/c
Air Conditioning
Yes
Yes
Seating Positions
Perimeter
Perimeter
Wheelchair lift
Yes
Yes
B. All vehicles must meet Americans with Disabilities Act (ADA) requirements.

C. Contractor shall be permitted to offer similar used vehicles until such time as new vehicles ordered by Contractor are delivered and prepared to be placed into service, as authorized by the Director.

33. COMMUNICATIONS
Any notice, demand, request, consent, approval, designation, or other communication which either party is required or desires to give or make or communicate to 15 Exhibit 2
534

the other party shall be in writing and shall be personally delivered or sent by registered or certified mail, postage prepaid, return receipt requested, to the follow addresses:

CITY:

CONTRATOR:

City of Bell Gardens
Attention: Director of Public Works
7100 South Garfield Avenue
Bell Gardens, CA 90201
Attention: Public Works
PCAM, LLC dba Parking Company of America
3165 Garfield Avenue
Commerce, CA 90040

34. ENTIRE AGREEMENT
A. This Agreement contains the entire understanding between the City and Contractor. Any prior agreements, promises, negotiations or representations not expressly set forth herein are of no force or effect. Subsequent modifications to this Agreement shall be effective only if in writing and signed by each party. If any term, condition or covenant of this Agreement is held by a Court of competent jurisdiction to be invalid, void or unenforceable, the remaining provisions of this Agreement shall be valid and binding.

B. In the event of any conflict, overlap or inconsistency between the provisions of this Agreement and Contractor's Proposal, the terms of this Agreement shall control, except to the extent that the terms, promises or covenants in the Proposal are more favorable to the City. In that case, Contractor agrees to perform services in a manner most beneficial to the City, in City's reasonable discretion.

35. WAIVER
Waiver by any party hereto of any term, condition or covenant of the Agreement shall not constitute the waiver of any other term, condition or covenant hereof.

36. GOVERNING LAW
16 Exhibit 2 535

This Agreement shall be interpreted and construed according to the laws of the State of California and any action to enforce the terms of this Agreement shall be brought in the County of Los Angeles, State of California

37. TRANSFER OR ASSIGNMENT
A. Prior Written Consent Required. Contractor shall not sell, transfer, lease, assign, sublet, mortgage, or dispose of, either in whole or in part, either by forced or involuntary sale, or by ordinary sale, contract, consolidation or otherwise, the franchise or any rights or privileges granted under this Agreement, without obtaining the prior written consent of City. Any request to transfer or assign must be in writing and must be submitted to the Director at least 120 days prior to the proposed date of such sale, transfer, or assignment.

B. Change of Control Defined. The prohibition against the sale, transfer, lease, assignment, subletting, mortgage, or disposal of any interest in the franchise shall apply to any change in control of the Contractor. The word "control" as used herein is not limited to a change in major stockholders or partners of the Contractor, but also includes actual working control in whatever manner exercised.

C. Grounds for Revocation of Agreement. Any attempt to sell, transfer, lease, assign, sublet, mortgage, or otherwise dispose of this Agreement without the prior, written consent of the City shall be null and void and shall subject the Contractor to cancellation, revocation or suspension of the Agreement.

38. FORCE MAJEURE
Either party shall be excused, if authorized the City, from performing its obligations under this Agreement during the time and to the extent that it is prevented from performing by a cause beyond its control including, but not limited to; any incidence of fire, flood, or strike; acts of God; acts of the Government; war or civil disorder, severe weather, commandeering of material, products; plants or facilities by the federal, state, or local government or fuel shortage. In the event any new federal, state or local law, rule or regulation is implemented during the term of this Agreement, which increases the cost of providing this service to Contractor, Contractor may request to meet with the Director to negotiate the effect of said law, rate or regulation. The City has no mandatory obligation to renegotiate cost agreed to in this Agreement.

IN WITNESS WHEREOF, the parties hereto have caused this "Franchise Agreement to be executed and effective the day and year first above written. 17 Exhibit 2
536

CITY OF BELL GARDENS
Approved as to Form:

Forney

CONTRACTOR
Parkin Company of America
By:

Its:

Date
City Clerk
Exhibit 2
537

EXHIBIT A - PRICE SHEET
Exhibit 2
538

City of Bell Gardens Transit Service RFP
Option Bc All inclusive price, no fuel (3 Fixed Route & 2 Darts) Proposer

PCAM, LLC

EXPENSES CATEGORY
LABOR
YEAR 1
YEAR 2
YEAR 3
YEAR 4
YEAR 5
TOTAL
Drivers
$243,945.00
251,263.35
258,801.25
266,565.29
274,562,25
$1,295,137.14
Supervisors
33,280.00
34,278.40
35,306.75
36,365.95
37,456.93
$176,688.04
Site Managers
18,720.00
19,281.60
19,860.05
20,455.85
21,069.52
$99,387.02
Mechanics
29,560.00
30,446.80
31,360.20
32,301.01
33,270.04
$156,938.05
Administration

0.00 0.00

0.00 0.00
$0.00
Other -Utility Workers

0.00 0.00

0.00 0.00

0.00 $0.00

SUBTOTAL - LABOR
$325,505.00
$335,270.15
$345,328.25
$355,688.10
$366,358.75
$1,728,150.25

FRINGE BENEFITS
'LABOR
$0.00
$0.00
$0.00
$0.00
$0.00
$0.00
Drivers
$81,360.00
83,800.80
86,314.82
88,904.27
91,571.40
$431,951.29
Supervisors
9,469.25
9,753.33
10,045.93
10,347.31
10,657.72
$50,273.53
Site Manager
10,126.33
10,430.12
10,743.02
11,065.31
11,397.27
$53,762.06
Mechanics
9,989.55
10,289.24
10,597.91
10,915.85
11,243.33
$53,035.88
Administration

0.00 0.00

0.00 0.00

0.00 $0.00
Other -Specify

0.00 ,

0.00 - - _ _-- --

0.00 i- _____ _�

0.00 ..-.. .

0.00 Pon• n -v'1
$0.00
Prof] f179 7C'

SUBTOTAL -FRINGES
110,945.13

MATERIALS AND SUPPLIES
Oil & Lubricants
Parts
Other - Allocated Utilities Cost

SUBTOTAL - UTILITIES
18,150.00
28,698.00
$24,460.00
$71,308.00
18,694.50
29,558.94
25,193.80
$73,447.24
19,255.34
30,445.71
25,949.61
$75,650.66
19,833.00
31, 359.08
26,728.10
$77,920.18
20,427.98
32,299.85
27,529.95
$80,257.78
$96,360.81
$152,361.58
$129,861.46
$378,583.86
L

TILITLES
Gas
$0.00
$0.00
$0.00

0.00 0.00

0.00 0.00
$0.00
$0.00
$0.00
Electricity
Water
Other - Allocated Utilities Cost $15,000.00
SUBTOTAL - UTILITIES $15,000.00

0.00 0.00

0.00 0.00

INSURANCE
Liability Insurance $54,000.00
Other insurance $0.00
Other - Specify $0.00
SUBTOTAL - INSURANCE $54,000.00

0.00 15,450.00
$15,450.00
$54,000.00
$0.00
$0.00
$54,000.00

0.00 15,913.50
$15,913.50
$54,000.00
$0.00
$0.00
$54,000.00

0.00 16,390.91
$16,390.91
$54,000.00
$0.00
$0.00
$54,000.00

0.00 16,882.63
$16,882.63
$54,000.00
$0.00
$0.00
$54,000.00
$79,637.04
$79,637.04
$270,000.00
$0.00
$0.00
$270,000.00

MISCELLANEOUS
Taxes $0.00
Uniforms $6,900.00
Vehicles $73,333.33
Other -Interest, Start -Up, Admin Costs $4,800.00
SUBTOTAL _ MISCELLANEOUS $85,033.33
SUBTOTAL $661,791.46

0.00 7,107.00
75,533.33
4,944.00
$87,584.33
$680,025.20

0.00 7,320.21
77,799.33
5,092.32
$90,211.86
$698,805.96

0.00 7,539.82
80,133.31
5,245.09
$92,918.22
$718,150.14

0.00 7,766.01
82, 537.31
5,402.44
$95,705.76
$738,074.64
$0.00
$36,633.04
$389,336.61
$25,483.85
$451,453.50
$3,496,847.41

MANAGEMENT FEE
PROFIT $60,000.00
TOTAL $60,000.00
NOT TO EXCEED AMOUNT $721,791.46
61,800.00
$61,800.00
$741,825.20
63, 654.00
$63,654.00
$762,459.96
65,563.62
$65,563.62
$783,713.76
67, 530.53
$67,530.53
$805,605.17
$0.00
$318,548.15
$318,548.15
$3,815,395.55

SERVCE HOURS

COST/SERVICE HOUR

SENIOR BUS COST/HOUR / DISPATCHER
$13,666.00
$52.82
$13,666.00
$13,666.00
$13,666.00
$13,666.00
$68,330.00
$54.28
$55.79
$57.35
$58.95
$55.84
$29.34

30.22 31.13

32.06 33.02

34.01 Exhbit 2
539
City of Bell Gardens Transit Request for Proposal Page 25.5

REQUEST FOR PROPOSAL
FOR

PUBLIC TRANSIT SERVICES
Due Date: Thursday, August 16th, 2018
Due Time: 5:00 p.m. PDT
City of Bell Gardens
Public Works Department
July 16th, 2018
Exhibit 2 540

TABLE OF CONTENTS
SECTION A: INSTRUCTIONS TO PROPOSERS 1
I. INTRODUCTION 1
I I. INVITATION 1
I I I . PROPOSAL SUBMITTAL 2
IV. TIMELINE 2
V. PROPOSAL FORMAT 2
VI. WRITTEN QUESTIONS 3
VII. PROJECT SCHEDULE 3
SECTION B: PROPOSAL SUBMISSION AND EVALUATION OF PROPOSALS 4 VIII. PROPOSAL REQUIREMENTS 4
IX. SELECTION PROCEDURE 4
X. SCOPE OF WORK SUMMARY 5
XI. LISTING OF DEFINITIONS 5
XII. GENERAL INSTRUCTIONS 5
XIII. ACCEPTANCE OF CONTRACT 7
XIV. RULES FOR PROPOSAL 7
XV. CERTIFICATION OF NON-DISCRIMINATION BY CONTRACTORS 7 XVI. REQUIRED ATTACHMENTS 7
XVII. REQUIRED PROPOSAL QUESTIONNAIRE 8
XVIII. PROPOSAL SPECIFIC INQUIRIES 9
SECTION C: SCOPE OF CONTRACTOR SERVICES 10
XIX. SERVICE AREA 10
XX. WORK ACTIVITIES 10
XXI. RESPONSIBILITIES & REQUIREMENTS OF THE COMPANY 14
XXII. FACILITIES, EQUIPMENT AND SUPPLIES 20
SECTION D: APPENDIX & ATTACHMENTS 23
Exhibit 2 541

REQUEST FOR PROPOSAL ("RFP") FOR

OPERATION OF PUBLIC TRANSIT SERVICES
IN

BELL GARDENS, CALIFORNIA
SECTION A: INSTRUCTIONS TO PROPOSERS
I. INTRODUCTION
The City of Bell Gardens is located approximately 20 miles southeast of Downtown Los Angeles serving a predominantly Latino, working-class community of more than 42,072 in 2.4 square miles. The Bell Gardens Trolley involves the operation of a fixed -route bus within the City's limits, and the Dial -A -Ride Transit (DART) for individuals within the City's limits.

These services have been in operation for thirty-five years or more and the community has come to rely heavily as a means of traversing this small, comfortable city. The City is seeking a Company with experience and expertise in providing quality transportation services with the resources and ability to maintain safe, bilingual, customer -friendly, and efficient services.

The purpose of the RFP is to evaluate Companies on the basis of qualifications and resources, as well as a price that is most advantageous to the City and its passengers.

II. INVITATION
The City is inviting proposal packages ("Proposal") from qualified Companies to supply, manage and operate vehicles for a Fixed Route and general public Dial -A -Ride service (hereinafter, "Transit Services") in the City of Bell Gardens ("City") in accordance with the provisions contained herein.

The selected Company will be required to provide all necessary personnel, facilities, equipment, supplies and services to effectively manage, administer, and operate Transit Services within the City. The services required include, but are not limited to, the following:
• Administration
• Service Operation
• Data Collection and Reporting
• Accounting
• Vehicle Maintenance
• Driver Training and Evaluation
• Accident Reporting
• Provision of Vehicles
Please refer to the Section C entitled "Scope of Contractor Services" on page 10 of this document for a complete and detailed description of duties.

Proposal requirements and evaluation criteria are included in Section B, Proposal Submission and Evaluation of Proposals.

City of Bell Gardens Transit Request for Proposal Page 1 Exhibit 2 542

III. PROPOSAL SUBMITTAL
Proposals shall be submitted in two (2) separate envelopes. One envelope shall contain your qualifications, Proposal Questionnaire, Proposal responses and any other related information to perform Transit Services. The other envelope shall contain two detailed descriptions of the Company's cost to provide services as outlined:
(1) Cost of services (3 Fixed Route & 3 Darts) (2) Cost of services (3 Fixed Route & 2 Darts) See pg. 25 of this RFP and "Public Transit Services 2018 Price Sheet" for additional information.

Six (6) total copies of your Proposal shall be submitted to the City. One original (1) Proposal shall be signed by the individual, or, if a company, the company official with the authority to contractually bind the company, with five (5) copies. All information must be legible and any and all corrections or erasures must be initialed. The suggested format is preferred.

IV. TIMELINE
Important Dates:
• Issue Request for Proposal (RFP) July 16, 2018
• Pre -bid Conference (Mandatory) August 6, 2018 at 2:OOpm • Deadline for Written Questions August 8, 2018 by 5:OOpm • Proposals Due August 16, 2018 by 5:OOpm
• Interviews (tentative) October 1 & 2, 2018
• Award of Contract by City Council October 22, 2018
• Start Service December 3, 2018
A Mandatory Pre -Proposal Conference will be held on, Monday, August 6, 2018 at 2:OOpm at the Public Works Department located at 8327 South Garfield Avenue, Bell Gardens, CA ("Public Works Office").

Proposals will be accepted until the hour of 5:OOpm, (August 16, 2018). Please deliver (via hand delivery, mail or courier) your Proposal in two envelopes to the Public Works Office c/o Chau Vu.

Note: In the event the preparation time for service implementation is too short, the City anticipates the service date can be extended. As a result of this possibility, the City requests an Implementation Plan and Schedule for services to be included in the Proposal.

V. PROPOSAL FORMAT
The City requests that each Proposal be submitted according to the following format:

Cover Letter
Required Proposal Questionnaire
Introduction to the Company
Qualifications
Answers to Proposal Specific Inquiries
City of Bell Gardens Transit Request for Proposal Page 2 Exhibit 2 543

VI. WRITTEN QUESTIONS
All inquiries regarding this RFP must be requested in writing and directed to Ms. Veronica Sanchez or Ms.

Simona Ramirez, no later than the date noted above. There will be no verbal explanations provided. Any written information given to a Proposer concerning the RFP or the terms contained herein shall be provided to all Proposers.

All inquires should be addressed to and emailed as follows:

To: Veronica Sanchez
Simona Ramirez [email protected]
VII. PROJECT SCHEDULE
The City anticipates that services contemplated herein, subject to funding, shall include all operations and services described herein and shall commence on December 3, 2018 and continue thereafter up to and including June 30, 2023 ("Initial Term"). The City shall have the right, but not the obligation, to extend the Initial Term for two (2) five (5) year options which shall be exercisable in its sole and absolute discretion.

City of Bell Gardens Transit Request for Proposal Page 3 Exhibit 2 544

SECTION B: PROPOSAL SUBMISSION AND EVALUATION OF PROPOSALS VIII. PROPOSAL REQUIREMENTS
The fees proposed to provide the services described herein shall contain the following information:

1. Cost of all work items listed in the "Scope of Contractor's Services" over a five (5) year period.

2. A grand total "not to exceed" amount for Transit Services over a five (5) year period.

3. Fees for additional services.

To be considered, Proposals must be completely responsive to the information requested herein. In addition, Proposals must include:

A. List of comparable services for other municipalities provided by your Company, including the names, location/address of clients, contract value, and size of service area and name of project manager responsible for the contract.

B. Organization and credentials of the Company. This will include a synopsis of the Company's past experience and qualifications.

C. Proposed staff. List the name of the principal project manager and other key staff your Company is proposing, with titles, experience and qualifications in the form of short personal resumes.

D. Description of your Company's understanding of the service operation, project tasks and approaches to accomplish them.

E. The proposed "Project Organizational Chart".

F. A detailed description of your method in forecasting person -hours required.

G. A list of references, including those shown in A & B above H. Overhead, specifically as dollars per person -hour or as a percentage of direct salaries.

Fee Rate Schedule. Please distinguish all levels of staff.

J. Transition & Implementation Plan
K. Safety And Security Program Procedures
L. Drivers Training Program
M. All required Attachments, including Income Statements N. Any other information you deem relevant.

IX. SELECTION PROCEDURE
The Public Works Department will make its final selection on the basis of demonstrated competence and on the professional qualifications necessary for the satisfactory performance of the services required herein, as well as on overall competitiveness. The method of selection will entail a complete and detailed review of Proposals submitted by interested Companies. Proposals will be evaluated to determine the most qualified Company's to provide Transit Services to the City. The evaluation will be based on the following criteria point system:

CRITERIA

MAXIMUM POINTS
RATING
Understanding of the work to be done
25 Experience with similar kinds of work
20 Quality of staff for work to be done
35 Familiarity with state and Federal reporting
procedures and regulations
20 Compliance with California Labor Code 1070-1074
No more than 10 bonus points
Total
100
City of Bell Gardens Transit Request for Proposal
Exhibit 2 545

Page 4 ends

The top three (3) Companies selected, based on the described point system evaluation, will be further invited for an interview and presentation of its Proposal. The representative(s) attending this meeting shall include the Project Manager your Company proposes to oversee Transit Services within the City.

The most competitive Company, with the best overall qualifications, will be asked to execute an Agreement with the City, subject to City Council authorization and approval.

X. SCOPE OF WORK SUMMARY
Each Proposal shall include a bid based on the following two options:

Annual Revenue Hours
Service Days
Number of Vehicles
Dispatching Provided by:

Vehicles Required:

Fuel Type:

Fixed Route
9200
Monday -Friday
Three (3)
City Staff
3 Type 7
No requirement
Dial -A -Ride
6700
Monday -Friday
Three (3) (option 2 vehicles)
City Staff
3 Type 3 (2 optional)
No Requirement
Each proposal shall also include an hourly rate to provide a part-time driver for the City -provided "Senior Bus" which operates on -call and as -needed for an approximate 1,277 service hours from the Bell Gardens Senior Center to residences. These services are not to be incorporated into the Annual Revenue Hours and the City reserves the right to include or exclude these service hours from the Transit Services contract.

Additional information is contained in Section C: Scope of Company Services and in the Attachment, "System Operating Statistics". (The City is not responsible for the accuracy of this information).

XI.

LISTING OF DEFINITIONS
RFP:

DART:

BAFO:

NTD:

PMI:

LACMTA:

FTA:

CARB:

AQMD:

CPR:

CHP:

ADA:

Request for Proposal
Dial -A -Ride Transit
best and final offer
National Transit Database
Preventative Maintenance Inspection
Los Angeles County Metropolitan Transportation Authority Federal Transit Authority
California Air Resources Board
Air Quality Management District
cardio-pulmonary resuscitation
California Highway Patrol
Americans with Disabilities Act
XII. GENERAL INSTRUCTIONS

DISCLOSURE
Any information the company does not wish to have disclosed, other than for the purpose of evaluation, should have each applicable sheet or part marked 'Confidential'. This information shall not be disclosed, duplicated or used, in whole or in part, for any purpose other than to evaluate your response to this RFP or as a result of, or in connection with, the submission of such information, the City shall have the right to duplicate, use or disclose same to the extent provided in this RFP. This restriction will not limit the City's City of Bell Gardens Transit Request for Proposal Page 5 Exhibit 2 546

right to use information contained herein if it is obtained from another source. The City shall, however, release any information subject to disclosure under the Public Records Act.

ADDENDA
Any subsequent changes in the RFP from the date of issuance to date of submittal will result in an addendum by the Public Works Office to those parties who have received the RFP. Companies are required to acknowledge the receipt of all Addenda on the Addendum Acknowledcement Form.

PRE -CONTRACTUAL EXPENSES
The City shall not be liable for any pre -contractual expenses (as defined below):

A. Pre -contractual expenses are defined as expenses incurred in (1) preparing your Proposal; (2) submitting your Proposals to the City; (3) negotiating with the City on any matter related to your Proposal; and (4) any other expenses incurred prior to date of award.

B. For the reasons stated above, please do not include any of these expenses as part of the price proposed in your Proposal.

CITY'S RIGHTS
The City reserves the right to:
• reject any or all of the proposals, in its sole and absolute discretion; • remedy errors in the RFP;
• cancel the entire RFP;
• issue a subsequent RFP;
• appoint evaluation committees to review Proposals;
• seek the assistance of outside technical experts to review Proposals; • approve or disapprove the use of particular subcontractors and suppliers; • establish a short list of Companies eligible for discussions after review of Proposals; • solicit best and final offers ("BAFO") from all or some of the proposer Companies; • negotiate with any, all or none of the proposer Companies; • award a contract to one (1) or more of proposer Companies; • accept other than the lowest priced Proposal;
• disqualify Proposal(s) upon evidence of collusion with intent to defraud or other illegal practices on the part of a proposer Company;
• waive any informalities or irregularities in Proposals, to the extent permitted by law; • conduct a pre -award audit; and
• award a contract without discussions or negotiations.

INCOME STATEMENTS
Attach your Company's most recent Income Statements and Balance sheet information for the last three years on the Company's financial status will be withheld from public review if submitted under separate cover with a request for confidentiality and unless disclosure is ordered by a court of competent jurisdiction.

City of Bell Gardens Transit Request for Proposal Page 6 Exhibit 2 547

XIII. ACCEPTANCE OF CONTRACT
The selected proposer Company will be required to execute a contract for the management and operation of Transit Services with the City. In addition, the contents of the successful proposers response to this RFP shall be incorporated into any subsequent agreement entered into with the City. Failure of a proposer Company to accept this obligation will result in the cancellation of any award.

XIV. RULES FOR PROPOSAL
The signatory of the Proposal must declare in writing that the only person, persons, company or parties interested in the Proposal as principals, are named therein; that the Proposal is made without collusion with any other person, persons, company or parties submitting a Proposal; that it is in all respects fair and in good faith without collusion or fraud, and that the signatory of the Proposal has full authority to negotiate and bind the Company.

XV. CERTIFICATION OF NON-DISCRIMINATION BY CONTRACTORS
As a potential supplier of goods or services to the City, the Company must certify that it does not discriminate in its employment with regards to race, color, religion, sex, or national origin; that it is in compliance with all federal, state and local directives and executive orders regarding non-discrimination in employment; and that it agrees to demonstrate positively and aggressively the principal of equal opportunity in employment.

XVI. REQUIRED ATTACHMENTS
In addition to the Proposal Questionnaire and Proposal Specific Inquiries, the following items are required to be included in the Proposal:
• Staffing Form
• Statement of Principals
• Proof of Liability Insurance
• Sample Invoice and Monthly Report
• Dial -a -Ride and Fixed Route Brochures
• Income Statements & Balance Sheet
• Addendum Acknowledgement Form
City of Bell Gardens Transit Request for Proposal Page 7 Exhibit 2 548

XVII. REQUIRED PROPOSAL QUESTIONNAIRE
For the Company of:

All proposers are required to complete the following questionnaire. If your answer is provided in greater detail within your Proposal, you may reference the appropriate section of page of the Proposal. You may either use this form for your responses, or a transcribed copy; HOWEVER, all cuestions must be answered, in the order presented here. Proposals which do not include this cuestionnaire completely will be considered non -responsive and will be rejected.

1. Does the proposer, any individual proposing Company, any participating Company in any proposed joint venture, or any proposed subcontractor have any conflict of interest within the following definition?
"No person performing services for the City of Bells Gardens in connection with any project resulting from this proposal shall have financial or personal interest, other than employment or retention by the City of Bell Gardens, in any contract or subcontract in connection with such project."
Yes No
(A "Yes" answer to this question will be considered non -responsive and the proposal will be rejected.)

2. Are you on the State Controller General's list of ineligible bidders or have you been or are you on any federal list of debarred or suspended bidders?
Yes No

3. Has your Company received an "unsatisfactory" rating from law enforcement or any regulatory agency with regard to maintenance, records or facility at any time in the past five (5) years? Yes No

4. Has your Company, or a public transit system managed by principals from your Company, been cited, fined, or ordered to stop a bus system's operations at any time during the past seven years by any regulatory agency or client for accidents caused by negligence? Yes No

5. Is there any recent (within the past five years), current, or pending litigation involving your Company due to any accident(s) which have resulted in injury or death from operation of a passenger transportation service (including but not limited to fixed -route, paratransit, taxi, school bus, charter, etc.)?
Yes No

6. Are there any past, current or pending financial or legal issues which might jeopardize your Company's ability to provide services in accordance with the attached RFP and Agreement at the prices quoted by your Company, for the term of the Agreement? Yes No

7. Has your Company applied for credit protection under any bankruptcy proceedings over the pasts three (3) years?
Yes No
City of Bell Gardens Transit Request for Proposal Page 8 Exhibit 2 549

XVIII. PROPOSAL SPECIFIC INQUIRIES

8. Indicate briefly why you consider your Company to be the best to perform this Agreement. Be sure to include any new or creative ideas that would provide the City of Bell Gardens with a high quality, safe, efficient, cost-effective, transit operation that is responsive to the community.

9. Describe other organizational resources and services, which your Company will provide at no additional charge as part of this Agreement.

10. For how many years has your Company provided or managed publicly -funded transit services? List time spans and describe the service provided, including annual revenue vehicle mileage, number and size of vehicles, general public or specialized service, size of service area, amount of farebox revenue collected annually, and any other relevant operations data. Identify the responsible individual at the public agency who can verify service, and provide his/her name, telephone number, and position.

11. Specifically identify the proposed on -site Operations Manager/Site Supervisor. Describe their qualifications and experience. Identify in which site(s) this person obtained the required experience. Identify a responsible individual, not from the proposing Company, who can verify the proposed Manager/Supervisor's experience. Please provide resumes for all key staff.

12. Present a proposed organizational chart for staffing this transit system. Include management, supervision, office, and driver personnel. Describe the fringe benefit package, which will be provided, including the dollar value or percentage -of -wages equivalent of such benefits, and the positions to which such benefits shall apply.

13. Describe your Company's proposed program to accommodate employee "no-shows", absenteeism, vacation and turnover of employees

14. Describe your Company's proposed security program for vehicles, equipment, and farebox revenue.

15. Describe what steps your Company will take to promptly repair/replace any equipment (either City of Company owned) which may be damaged or destroyed while in your possession or under your control.

16. Describe your Company's Management Information System and how it will be used to report the operational/financial data required in the Scope of Work. Include a sample Monthly Report.

17. List the number of miles between preventable collision accidents and road calls for each system operated by your Company during each of the three (3) past years.

18. Describe or attach a copy of your Company's Substance Abuse and Employee Counselling program.

19. Describe your proposed drug and alcohol testing program, including how it complies with federal requirements.

20. Describe the type of vehicles your Company plans to provide for this service. State estimated delivery dates for these vehicles and describes the temporary vehicles your Company will provide prior to delivery of new vehicles.

City of Bell Gardens Transit Request for Proposal Page 9 Exhibit 2 550

SECTION C: SCOPE OF CONTRACTOR SERVICES
XIX. SERVICE AREA
The service area includes the City of Bell Gardens, a 2.4 square mile area containing a population of over 44,054 for the Fixed Route Vehicles. The Dial -A -Ride service area includes the City's limits of the City of Bell Gardens.

XX. WORK ACTIVITIES
The following work activities shall be performed by Company unless specifically noted to the contrary. To that end, Company is responsible for:
• All drivers, trainers, supervision and related personnel for the service • Operation of the transit service
• Vehicle Maintenance - including a preventive maintenance program • Training
• Safety and Security
• Maintenance Facility
• Record keeping and reporting
• Information services
• Insurance
• Licenses
• Alcohol and Drug Testing Compliance

HOURS OF OPERATION
City personnel will provide dispatching services for Dial -A -Ride and Fixed Route services during the following days:

Days
Weekdays
Dispatch Hours
7:00 a.m. to 6:30 p.m.

The City's Fixed Route vehicles shall travel on routes and schedules as prescribed by the City. A map and schedule of the City's Trolley is attached. The Senior Bus is operated on an as -needed, on call basis and may be included in the service contract.

Company will make appropriate adjustments if City changes any routes or schedules at some future date.

Modifications may include, but are not be limited to, the following: increasing or decreasing service hours and/or days or switching service hours and equipment between modes. City may increase or decrease service hours without a change in the hourly rate.

Vehicle service hours shall be defined as the following:
• Dial -A -Ride: Time from first pick-up to time of last drop off, less any lunchtime. • Fixed Route: Time from first scheduled departure to arrival at last scheduled time point.

HOLIDAYS
The six major holidays in which the Fixed Route the Dial -A -Ride services will not operate include:
• New Year's Day
• Memorial Day
City of Bell Gardens Transit Request for Proposal Page 10 Exhibit 2 551

• Independence Day
• Labor Day
• Thanksgiving Day
• Christmas Day
No service is operated for the Dial -A -Ride on City holidays such as President's Day, M.L. King Observance Day, Cesar Chavez Day, and the day after Thanksgiving.

SAFETY AND SECURITY
Company shall ensure that Company's employees conduct a full pre -operational and safety inspection of each vehicle, including wheelchair mechanism, at the beginning of each day before it is placed into operation. The following is not considered as included in the `vehicle service hour' and may not be billed to the City:
• Pre -operational and safety inspection.
• Time required traveling to and from the first pick-up/drop-off for Dial -A -Ride and scheduled departure/arrival point for Fixed Route.
• Driver lunch breaks.

FARES
Company's drivers shall collect fares as established by City and maintain an accurate count of all boarding passengers by fare category. The successful Company will be required to install locking fare boxes (Main, Diamond, or equivalent) on each Fixed Route and Dial -A -Ride bus and have two (2) vaults for each fare box.

City personnel will empty each at the end of each day at the Public Works Office and replace the vault with an empty vault. City will be responsible for emptying fares, counting revenue, and depositing revenue.

On Saturday evenings Company will be required to empty vaults and turn in the vaults the next business day to the City.

DATA COLLECTION AND REPORTING
Company shall establish and provide forms and report procedures for the collection of operational data on a daily and monthly basis. The City reserves the right to amend, add or delete from the reporting process at any time, with written notification and instructions no less than fourteen (14) days prior to any requested changes. All reports prepared by Company shall become the property of the City.

Daily Reporting
Company shall collect the following information, at a minimum, on a daily basis:

Passengers per hour (and per route)
Vehicle service hours (by vehicle revenue hours and total hours) Vehicle revenue miles
Vehicle total miles
Revenue (by route)
Passenger travel time
Vehicle condition reports
Vehicle PM Inspection reports
City of Bell Gardens Transit Request for Proposal Page 11 Exhibit 2 552

Vehicle and passenger accidents and incidents*
Employee training and turnover
Complaints and compliments, including Contractor's response* Problems and possible solutions
Pertinent critiques and evaluation of system and service *to be reported to the City within 24 hours
Monthly Reportinc (Will be enforced)
Company shall prepare and submit a monthly report to City. Data reported shall include all of the items listed above in narrative format. The report shall also indicate whether or not Company has been able to meet the performance standards and goals set forth herein. Maintenance activity per vehicle and fuel consumption per vehicle shall also be reported, as well as fare collection amounts.

Company shall submit a typed report to the City by the 10th day of the following month. In addition to the monthly reporting, Company shall supply any and all reports necessary to comply with requirements of the Los Angeles County Metropolitan Transportation Authority (LACMTA) and other local, State, or Federal authorities. City currently requires and prepares the National Transit Database (NTD) reporting. Companies are requested to indicate whether or not the Company is equipped to complete the NTD reporting on behalf of the City, any additional cost associated with the report preparation or an indication of the all-inclusive reporting under the proposal.

Company shall also provide the City with immediate telephone notice followed by written copies of accident reports within one (1) day of the occurrence. Contractor shall also provide copies of CHP Safety Compliance Reports, if any, within two (2) business days after CHP submission to Contractor.

PAYMENT
Payment for services shall be obtained by delivering (via email, courier or by hand) an invoice to the Public Works Office on the first of each month. Invoices shall include a breakdown of service hours, miles, ridership as noted in the section herein entitled "Data Collection and Reporting" and shall be supported with operational and back-up documentation. Once this information is received, the Public Works Office shall pay the total amount invoiced within a forty-five (45) days thereof.

ADVERTISING, PROMOTION & CONSULTATION
City shall control all advertising and promotion for Transit Services within the City. City shall provide all materials for distribution such as brochures, customer comment forms, periodic surveys, tickets etc.

Company shall prepare and provide materials/copies for announcements related to service changes; advisories etc. and distribute brochures and any other material as directed by the City.

Company shall also provide City with technical assistance and consultation in such matters as operating policies, funding, marketing/promotion and coordination with other transit providers at no additional charge to City.

Company shall assist City in the planning and implementation of any marketing and promotion programs for Transit Services.

In addition, upon request by City, Company shall be required to make oral presentations to community organizations, groups and residents on a variety off topics involving Transit Services. Company shall be required to report, at least once a quarter, on the results of these meetings and all marketing activities undertaken to promote Transit Services within the City.

City of Bell Gardens Transit Request for Proposal Page 12 Exhibit 2 553

COMPLAINTS AND ACCIDENTS OR INCIDENTS
Company shall create a customer service form ("Form") and submit form to the City for approval which shall not be unreasonably withheld. Once the Form is approved, Company shall receive, accept and record all complaints or suggestions on this Form and submit same for processing in the following manner. :

1. Company receives and records the complaints or suggestions on the Form

2. One copy of the Form shall be sent directly to City no later than one (1) day following receipt of the complaint.

3. Company shall then investigate and recommend action detailing as much subsequent information as possible on a second copy of the Form.

4. A final copy shall be returned to City within seven (7) days of the receipt of the complaint for final resolution by City.

5. In the event City receives the initial complaint, a Form shall be forwarded to the Company for processing as described above.

Procedures regarding accidents/incidents shall be as follow:

1. Company shall, within twenty-four (24) hours, report all accidents or incidents regardless of liability, severity, or damage, involving the City to the Public Works Director or his/her designee..

2. Every driver will carry with them at all times a complete accident reporting kit which shall contain, at a minimum, accident forms and "courtesy cards". .

3. In the event that an accident occurs, the driver will immediately notify City dispatch via radio or telephone.

4. "Courtesy cards" will be passed out to all passengers or witnesses to the accident and will be retrieved by the driver.

5. The driver will secure the name, address, phone number, vehicle license number and vehicle description of the involved vehicle or vehicles.

6. The driver will then submit at the end of his/her shift all courtesy cards and any other documents collected from passengers or witnesses of the incident to City dispatch.

7. At the time of telephone or radio communication of the accident, Company will advise City staff of said accident within one (1) hour thereof via telephone.

8. Company shall describe in detail all facts concerning the accident in writing to the City within forty-eight (48) hours thereof.

City of Bell Gardens Transit Request for Proposal Page 13 Exhibit 2 554

XXI. RESPONSIBILITIES & REQUIREMENTS OF THE COMPANY

NOTIFICATIONS
Company hereby covenants and agrees to notify City of any and all actions filed against it (including its agents, servants or employees), for any cause or reason whatsoever arising out of or in connection with the operations to be conducted pursuant to this RFP. Said notification to City shall occur within a reasonable time after notification to Company, but in no event to exceed seven (7) calendar days.

INSURANCE
Company shall be required to provide, minimally, the following insurance:

1. Occurrence version Comprehensive General Liability insurance or equivalent with a combined single limit of not less than $5,000,000 per occurrence. If such insurance contains a general aggregate limit, it shall apply separately to any future agreement between the parties or be no less than two (2) times the occurrence limit. Such insurance shall name the City, its officials, officers, employees, agents and contractors as insured's with respect to performance of services and shall contain no special limitations on the scope of coverage or the protection afforded to these insured. The insurance shall be primary with respect to any insurance or self-insurance programs covering the City, its officials, officers, employees, agents and contractors and shall contain standard separation of insured's provision.

2. Comprehensive Automobile Liability insurance, to include owned, hired and non -owned vehicles, with a combined single limit of not less than $5,000,000 per occurrence. In case of damage or destruction of any vehicle provided by the City under the terms of this Agreement, the City agrees that liability of the Contractor for said damage or destruction shall be limited to the appraised fair market value of the vehicle at the time of the loss.

3. Company shall maintain workers compensation insurance within statutory limits established and required by the State of California.

Company shall, prior to commencement of Services, furnish City with properly executed certificates of insurance and endorsements, which clearly evidence all insurance required under this proposal and provide that such insurance shall not be canceled or coverage reduced or allowed to expire except on thirty (30) days prior written notice to City. City shall have the sole discretion to determine whether the certificates and endorsements presented comply with provisions of this RFP. Company understands the importance of this section to City and agrees to comply with it in full.

In the event of a failure to provide service for any reason other than acts of god, Company shall be assessed $5,000 per day in liquidated damages. These damages shall be deducted from any monies due, or which may thereafter become due, to Company under any future agreement entered into between Company and City for Transit Services.

LICENSES
Company shall hold at all times the appropriate licenses (local, state or federal) to operate within the City.

Company shall also be solely responsible for any parking and traffic violations of vehicles operated by its employees. If a notice of violation in a City owned vehicle driven by a Contracted employee is received by the City, City may pay such violation and deduct the amount from any future payments to Company.

City of Bell Gardens Transit Request for Proposal Page 14 Exhibit 2 555

POLICIES AND PROCEDURES
Company shall act in the capacity of an independent contractor and provide management, technical and operating personnel, services, equipment and maintenance facilities necessary for the operation of Transit Services within the City.

Company shall operate and conduct itself at all times in strict compliance with the City's operating policies, and in accordance with all applicable local, state, and federal laws and regulations relating to Transit Services. Company will operate in accordance with the usual transit industry procedures and standards or as otherwise provided herein, in Contractor's proposal, and pursuant to any future agreement entered into between the City and Company for Transit Services.

COMPLIANCE
Company understands the various governing agencies and laws that have or may have jurisdiction and/or requirements that must be met under this Contract, including but not limited to: the Federal Transit Authority, ADA, CARB, AQMD, LACMTA, and others.

Company shall acknowledge that should additional federal or other sources of funding become available during the term of the Contract, the Company will be responsible and expected to comply with all requirements such as the Disadvantaged -Business Enterprise under FTA, etc.

TRANSITION AND IMPLEMENTATION PLAN
City requires that a detailed transportation services Transition and Implementation Plan ("Plan") be included with your proposal. The Plan shall address, at a minimum, the activities and procedures that will be followed to ensure the smooth transition and start-up of the service to be operated by the Company.

The Plan should also document recruitment and training schedules, acquisition of necessary equipment, permits and licenses and any other activities necessary to implement a successful community transit program. Company's approach to schedule/dispatch procedures, and in particular, the decision -making process of matching passengers, vehicles and drivers should be described in detail.

Should this RFP result in the award of a contract to other than the present Company providing Transit Services to the City, Company agrees to make reasonable efforts to retain the drivers and scheduling staff currently providing this service during the transition period from the existing contract to the new one.

Should this RFP result in the award of a contract to other than the present Company providing Transit Services to the City, the City requests the Plan to include service implementation to begin December 3, 2018. However, the City reserves the right to extend the contract of the current Transit Services provider on a month -to -month basis until such time the City approves the successful Proposer's Implementation Plan.

SAFETY AND SECURITY PROGRAM
Company shall be responsible for the safety and security of all passengers using the City's Transit Services and for all related equipment and facilities. Company shall include specific procedures in Proposal which define the safety and security program for Transit Services. Company shall report all hazardous conditions (downed trees, signs, etc.) to City and take all necessary and available precautions to safeguard passengers and personnel.

City of Bell Gardens Transit Request for Proposal Page 15 Exhibit 2 556

Company shall require all drivers to attend monthly safety meetings to go over advancements in safety technology, standards and/or practices. To that end, Company shall implement a safety retraining program to be conducted at these regularly scheduled monthly safety meetings. City representatives shall be permitted but not required to attend these meetings.

Company shall comply with FTA security requirements, including any and all amendments thereto, implemented since 09/11/01.

PERSONNEL, REPLACEMENT AND LIAISON
Company shall provide all management, drivers, dispatchers, road supervision, training staff and such other personnel necessary to responsibly operate Transit Services within the City, including any on -board security or supervision. Management of day-to-day operations of Transit Services will be vested in a local Operations Manager/Site Supervisor designated by Company who will be experienced in all aspects of public transit services and operations.

Company will recruit, screen, hire, discipline and train personnel as necessary; conduct monthly safety and other related employee meetings as necessary, such as conducting alcohol & drug testing; and perform liaison activities with the City and any other agencies involved in or with oversight responsibility of transit related services. Company shall meet and coordinate with City on a frequent basis, not less than quarterly to discuss the issues referenced in this paragraph.

The City desires that transit services within the City continue to be delivered without interruption or disruption. The City further recognizes the need for a consistent, high quality, and highly qualified workforce to achieve this goal. Prospective Companies are encouraged to implement an employee compensation plan that will address this concern and allow for consistent staffing of all required positions.

Company should address the subject of employee compensation in sufficient detail in the proposal response in order to permit City to gauge the effectiveness of Contractor's proposed personnel retention program. The appendix includes a suggested desired format of displaying this information.

All drivers must have a California Class B driver's license with required endorsements, VTT Certificate and valid medical card. No person shall be permitted to operate a vehicle that has had his or her driver's license revoked or suspended within the past five (5) years. Drivers must be able to read and write legibly, speak clearly & comprehend oral communications, and deal safely and courteously with the public. All drivers must be bilingual (English and Spanish). Company shall establish and maintain records of driver's licenses. Medical Certificates and Department of Motor Vehicles "printouts" for each individual operating a City vehicle shall be available at all times to the City and shall be updated at least twice annually.

Company shall supervise all drivers to ensure that they are courteous to all patrons at all times and respond to patrons' questions regarding use of the transit system or connecting systems accurately.

Company will also attend meetings with user groups or agencies as required and upon request by City.

All maintenance repair work must be performed by maintenance personnel who have demonstrated experience of at least one (1) year in maintenance of similar vehicles.

DRIVER TRAINING
Company shall provide training for all Company drivers. Such training shall be a minimum of eighty (80) hours per employee, of which at least twenty (20) shall be behind the wheel. This training must be completed before a driver can enter unsupervised passenger service. Company shall maintain and certify driver records, subject to review by City and the California Highway Patrol (CHP).

City of Bell Gardens Transit Request for Proposal Page 16 Exhibit 2 557

All Company employees including supervisors will be trained and certified as drivers. Such training shall meet all requirements of the State of California. A detailed description of Company's proposed training program shall be submitted with each Proposal and be subject to approval by City. Company's training plan shall provide a minimum of eight (8) hours of annual refresher training per driver. The training plan may be structured to allow for less than eighty (80) hours of training to new employees with previous transit experience who hold a current Class B license and medical certificate.

Company shall conduct classroom training in at least the following areas: First aid training, cardio- pulmonary resuscitation (CPR), National Safety Council (or approved equivalent) Defensive Driving, customer service, sensitivity/empathy training, emergency and accident procedures, and wheelchair loading and securement procedures.

Company will have all drivers obtain a Class B license as required by law, and certification in CPR and first aid. All Company's employees must pass a pre -employment physical examination and drug and alcohol test, paid for by Company, prior to start of training. All Company's drivers shall be subject to a pre -employment background check and review of DMV records.

Drivers will be trained by a trainer or trainers who are certified by the National Safety Council (or other approved agency) to instruct the Defensive Driving course; and are certified by either the American Heart Association or Red Cross (or other approved agency) to instruct the drivers in Red Cross and CPR.

Company shall certify their trainer in customer service, sensitivity training, emergency and accident procedures, and wheelchair loading and securement procedures, or as may otherwise be required by State or federal law or regulations.

Company shall provide City with a list of drivers prior to start-up, and shall update said list monthly, if necessary. Company shall not place a driver into service without completing the training program specified above. Failure to comply with this section may result in termination of the agreement.

MANAGEMENT AND STAFF
Company's management personnel shall familiarize themselves with all services required by this RFP to allow them to provide general public information to transit services users.

Management of the day-to-day operations of Transit Services shall be vested in a supervisor designated by Company's who has the appropriate knowledge and experience in this field. In addition, a responsible corporate staff employee of the Company will be available to make decisions or provide coordination, as necessary, in the event of the supervisor's absence. Company shall provide adequate and reasonable field supervision of Company's employees while in performance of duties related to Transit Services and shall insure that all employees adhere to all policies and guidelines set forth by City.

Company's designated supervisor shall attend staff meetings with City as scheduled and on an as needed basis and perform liaison activities. Presentations to visitors will be carefully controlled and determined by City and visitors will not be permitted to interfere with the operation of Company.

Appointments for visits will be made in advance and approved by City before the visitors arrive.

All of the services required hereunder shall be performed by the Company or under its supervision, and all personnel engaged in performing the services shall be authorized under applicable federal, state, and local law to do so. Company agrees that the services required hereunder shall at all times be subject to review by representatives of City.

City of Bell Gardens Transit Request for Proposal Page 17 Exhibit 2 558

GOALS AND PERFORMANCE STANDARDS
Maintenance/Cleanliness:

Standard:

Company shall insure that all vehicles are (i) free of any body damage, (ii) road- worthy, (iii) washed at least once a week, (iv) serviced as recommended by the manufacturer.

Penalty/Incentive: Failure to meet the aforementioned standard shall result in a penalty of one hundred fifty ($150.00) per vehicle per day until Company is in compliance.

Driver Appearance and Demeanor:

Standard:

Company shall insure that all drivers wear the required uniform while on duty and are well groomed and courteous. In addition, Company is required to provide sensitivity training to its drivers for working with seniors and persons with disabilities.

Penalty/Incentive: Failure to meet the aforementioned standard shall result in a penalty of one hundred dollars ($100.00) per infraction.

Customer Service:

Standard: Company shall maintain less than three (3) valid customer complaints per month.

Penalty/Incentive: Failure to meet the aforementioned standard shall result in a penalty of one hundred dollars ($100.00) per valid complaint.

Administration:

Standard: Company shall submit all required paperwork (as referenced herein) on time and in the appropriate format.

Penalty/Incentive: Failure to meet the aforementioned standard shall result in a penalty of one hundred fifty dollars ($150.00) per occurrence.

Operations:

Standard: Fixed Route service shall operate 90% of sampled trips "on -time". (On -time is defined as 0-10 minutes late with no trips running early_.

Penalty/Incentive: Failure to meet the aforementioned standard will result in a penalty of one hundred
$100 per month.

Standard: A replacement vehicle shall be placed into service within one (1) hour of the failure of a revenue vehicle.

Penalty/Incentive: Failure to meet the aforementioned standard will result in a penalty of one hundred fifty ($150) per incident.

City of Bell Gardens Transit Request for Proposal Page 18 Exhibit 2 559

Maintenance:

Standard: Company shall complete preventive maintenance inspections not less then than every 3,000 miles or 45 days.

Penalty/Incentive: Failure to meet the aforementioned standard shall result in a penalty of one hundred dollars ($100) per day per vehicle.

City of Bell Gardens Transit Request for Proposal Page 19 Exhibit 2 560

XXII. FACILITIES, EQUIPMENT AND SUPPLIES

BACKGROUND
Unless otherwise agreed to or provided by City, Company shall provide its own facilities, equipment, cleaning supplies, office supplies, office equipment, and such other items or materials required to professionally operate Transit Services within the City.

COMMUNICATIONS AND SCHEDULING SYSTEM
Radios for six (6) vehicles operated by the Company shall be provided by the City. City will be cost responsible for radio air time. Radio maintenance will be the responsibility of the City.

Company shall be responsible for the purchase and maintenance of any radios necessary for spare vehicles and able to communicate with their drivers when the City dispatch office is closed.

EQUIPMENT
Company agrees to return any buses and/or equipment supplied by City in the same condition as when provided, excepting only reasonable wear and tear not attributable to Company's failure to perform its maintenance obligations described herein.

If any vehicles and/or equipment are damaged or destroyed while in Company's possession, Company shall immediately obtain estimates and repair or replace such in an expeditious manner, avoiding, to the best extent practicable, use of damaged buses or equipment in service until they have been repaired or replaced. In its own behalf, Company may pursue any insurance claims, which may exist by virtue of the damage or destruction, to the following extent:

1. To the full value of the loss if no claim will be made against the City or its insurer;

2. To the extent of Company's or their insurer's out-of-pocket loss if any portion of the loss it claimed against the City. In the event that any portion of the loss is claimed against or covered by the City or its insurance, the proceeds of any collection from a third person, and the costs of such collection, shall be prorated between Company and the City on the same ratio as exists with regard to the actual loss coverage paid by the Company's insurance versus the City's insurance.

3. Neither the Company nor its insurance carrier shall file any lawsuit against any third person for any loss subject to this section without the City's prior written consent, which shall not be unreasonably withheld.

VEHICLES
Contractor shall provide the following new vehicles to the City of Bell Gardens:

Fixed Route
Dial -A -Ride
Make
Type Seven (7) Shuttle bus,
27' length
Dial -A -Ride vehicle on Ford
chassis
Fuel Type
Diesel, Gasoline, or
alternative fuel
Gasoline or alternative fuel
Number
Three (3)
Three (3)
Seating Capacity
22 seated, 2 w/c positions
18 seated, 2 wheelchair
positions
Air Conditioning
Front and rear a/c
Front and rear a/c
City of Bell Gardens Transit Request for Proposal
Exhibit 2 561

Page 20 ends

Seatinc Positions
Perimeter
Forward facinc
Wheelchair lift
Rincon or equivalent, separate
door
Rincon or equivalent, separate
door
Destination Signs
Front and Side
Not required
Lettering
Two 5" stripes and Bell
Gardens Lettering
Two 5" stripes and Bell
Gardens Lettering
Fareboxes
Main, Diamond, or equivalent
Main, Diamond, or ecuivalent
The City may request artistic graphics be installed on the company's Bell Gardens fleet. The City may request the company share the cost of installation.

Company is also responsible for supplying spare vehicles in case regularly assigned vehicles are out of service for maintenance. The spare vehicles do not have to be new, but must meet the approximate specifications of the above vehicles. City reserves the right to reject any and all spare vehicles proposed by Company.

All vehicles must meet Americans With Disabilities Act (ADA) requirements. The Company's Bell Gardens fleet shall comply with the California Air Resources Board (CARB) Fleet Rule for Transit Agencies. ( http://www.arb.ca.gov/msprog/bus/bus.htm)
Since new vehicles may not be available by October 1, 2008, Company shall describe what temporary vehicles will be provided until new vehicles are delivered to Company and available for use. Company should also provide City with the estimated delivery dates for new vehicles.

VEHICLE CLEANING
Company shall wash on a weekly basis the exterior, and clean the interior, of each vehicle, and will sweep daily and maintain the good appearance of the interiors of each vehicle to provide a public image satisfactory to City. All graffiti will be removed on the day it is discovered.

MAINTENANCE
Company shall take all actions necessary and appropriate to ensure vehicles are properly serviced, maintained, repaired, and stored in a manner consistent with the highest industry standards, and shall permit no vehicle to be operated that is not in good repair and proper working order, including wheelchair lifts. Company shall establish and maintain a comprehensive Preventive Maintenance Inspection (PMI) program with maximum 3,000-mile/45-day inspection intervals. Company shall maintain maintenance jackets for each vehicle and shall document all maintenance repairs, adjustments and PMI's consistent with industry and the manufacturer's requirements. All maintenance performed shall be fully supported by appropriate work orders.

All preventative and scheduled maintenance shall be performed at such times as to avoid negative impacts to the transit service schedule established by Company and City. It is not the intent of this requirement to preclude necessary maintenance during daytime hours; it is only to ensure that the maximum number of vehicles will be available for service during the daytime. No vehicle shall be placed in service if it has traveled more than 3,000 miles/45 days since the last PMI.

Company will perform or contract all maintenance, both preventive and major repair, provide grease, oil, and all necessary parts and labor required to maintain the vehicles to the City's full satisfaction.

Company will develop and submit a fleet specific maintenance plan to City for approval. Company will include in the monthly management report a projection of what PMI checks are scheduled for the following month, including current and projected mileage of those scheduled vehicles, PMI's and maintenance that occurred during the previous month. In addition, the checklist used by the maintenance office during the PMI will be attached to the monthly management report. On a monthly basis, staff will City of Bell Gardens Transit Request for Proposal Page 21 Exhibit 2 562

compare the current and previous management reports to ensure that scheduled PMIs occurred within the specified 3,000-mile/45 day range. In addition to the annual California Highway Patrol Inspections, the City may conduct direct annual inspections of all vehicles to determine compliance with recommended vehicle maintenance procedures and (at least four times a year) conduct random audits to ensure that PMI's are scheduled and completed per the required mileage and/or days. Competent maintenance personnel shall be available during all hours of system operation.

Company shall ensure that all vehicles and maintenance facilities and records meet the California Highway Patrol (CHP) standards and requirements. Company shall notify the City of all CHP inspections immediately upon notification and completion.

It shall be the responsibility of the Company to ensure that all federal, state and local laws, regulations, ordinances, licenses or smog or other inspections governing vehicles in operation within the City are in compliance before service is begun and at all times covered by the proposed term of this agreement.

Negative Maintenance Record cards required by the CHP must be kept in vehicle files for a minimum of thirty (30) days. Positive Maintenance Record cards must be inspected and appropriate action taken on items noted on the report. After repairs are performed, the mechanic must sign off on the report card.

The information must then be transferred to Company's work order. Once this is completed, the maintenance record card becomes a permanent part of the vehicle file record. City shall have access to vehicle file records at any time upon request.

If a vehicle fails a daily safety inspection prior to beginning the day's service, it is barred from service until the problems are corrected. For passenger comfort, the heating and air-conditioning units and wheelchair lifts of all vehicles must be kept in proper working order at all times.

In the event of a failure in service, Company shall deploy a vehicle immediately upon notification to replace the failed vehicle within one (1) hour and notify City if service is impacted by the reduction in active fleet size. All breakdowns should be handled in such a manner so as to ensure maximum availability of vehicles.

FUEL
City will provide fuel, vehicles would be fueled at a card lock facility designated by City.

City of Bell Gardens Transit Request for Proposal Page 22 Exhibit 2 563

SECTION D: APPENDIX & ATTACHMENTS
City of Bell Gardens Transit Request for Proposal Page 23 Exhibit 2 564

System Operatinc FY 2017 -Estimated Statistics
Shown below are the estimated FY 2017 operating statistics for City services.

SERVICE TYPE
General Public Dial -A -Ride

SERVICE AREA
City of Bell Gardens

SERVICE HOURS (ANNUAL)
6700

SERVICE MILES (ANNUAL)
53,000 miles

NUMBER OF VEHICLES
3 PASSENGERS (ANNUAL)
38,000

TYPE AND YEAR OF VEHICLES
Contractor Provided

VEHICLE CAPACITY
18 passengers with two wheelchair positions

SERVICE HOURS - WEEKDAY
7:30 a.m. to 7:00 p.m.

SERVICE HOURS - SATURDAY & SUNDAY
No Service

ANNUAL FARE REVENUE
N/A
FARES
$1.00 for adults, 0.25¢ for seniors 55 years of
ace and older and disabled persons.

HOLIDAYS
Dial -a -ride service does not operate on the six
major holidays and City holidays such as
President's Day, M.L. King, Cesar Chavez and
the day after Thanksgiving.

CURRENT RATE
$57.95/Hour

SERVICE TYPE
Fixed Route

SERVICE AREA
One fixed route in the City of Bell Gardens

SERVICE HOURS (ANNUAL)
9,200 hours

SERVICE MILES (ANNUAL)
97,000 miles

NUMBER OF VEHICLES
3 PASSENGERS (ANNUAL)
139,000

TYPE AND YEAR OF VEHICLES
Contractor Provided

VEHICLE CAPACITY
Current Vehicles - 22 seats, two wheelchair
positions

SERVICE HOURS - WEEKDAY
6:30 a.m. - 5:30 p.m.

SERVICE HOURS - SATURDAY
6:30 a.m. - 5:30 p.m.

SERVICE HOURS - SUNDAY
No Service

ANNUAL FARE REVENUE
N/A
FARES

0.50¢ for adults, 0.25¢ for seniors 55 years of
ace and older and disabled persons.

HOLIDAYS
The fixed route service does not operate on the
six major holidays but operates on City
holidays such as President's Day, M.L. King,
Cesar Chavez and the day after Thankscivinc.

CURRENT RATE
$57.95/Hour
System Operation FY 2017 Estimated

SERVICE TYPE
Senior Bus

SERVICE AREA
City of Bell Gardens

SERVICE HOURS (ANNUAL)
1000 hours

NUMBER OF VEHICLES
1 -City Provided

SERVICE HOURS
As needed
Current Hourly Rate
$29.34
City of Bell Gardens Transit Request for Proposal
Exhibit 2 565

Page 24 ends

STAFFING FORM
JOB

CLASSIFICATIONS
NUMBER
OF

POSITIONS

AVERAGE
WEEKLY
HOURS
WAGE
SCALE

PER HOUR

AVERAGE
HOURLY
WAGE

MANAGEMENT
Operations Manager/
Site Supervisor
NAME:

Maintenance
Supervisor
NAME:

DRIVERS:

MAINTENANCE
TECHNICIANS:

OTHER:

City of Bell Gardens Transit Request for Proposal Page 25 Exhibit 2 566

STATEMENT OF PRINCIPALS
The names of all persons interested in the foregoing proposal as principals are as follow:
(Stockholders and limited partners need not be listed unless they are officers or employees of the corporation or limited partnership. All general partners and corporate officers shall be listed. If a stockholder or partner is a firm, list the principals of that firm, as stated herein. If proposer or other interested person is a corporation, it must furnish a certificate attesting to corporate existence and authority of officers to sign contracts and other documents. State legal name of corporation, names of the president, secretary, treasurer, and manager thereof.)
NAME

BUSINESS

ADDRESS

INTEREST
City of Bell Gardens Transit Request for Proposal Page 26 Exhibit 2 567

ADDENDUM ACKNOWLEDGEMENT FORM
Proposer
The above Proposer acknowledges receipt of the following addenda:

Addendum Number Date
Name
Title Date
City of Bell Gardens Transit Request for Proposal Page 27 Exhibit 2 568

COPY

PROPOSAL RESPONSE

CITY OF BELL GARDENS

PUBLIC TRANSIT SERVICES
September 17, 2018
ATTENTION: City of Bell Gardens
Public Works Office c/o Chau Vu
8327 South Garfield Avenue
Bell Gardens, CA 90201
PREPARED BY:

PCAM, LLC dba Parking Company of America (PCA)
3165 Garfield Ave
Los Angeles, CA 90040
(562) 862-2118
www.parkpca.com
Exhibit 2 569

PCAM, LLC.
3155 Garfield Ave
Los Angeles, CA 9004O
September 17, 2018
RE: Public Transit Services
City of Bell Gardens c/o Chau ilia
Publie Works Office
8327 South Garfield Avenue
Bell Gardens, CA 90201
Dear Chau Vu,
Thank you for giving, PCAM, LLC. (PCA) the opportunity to subunit a proposal to operate the Public Transit Services for the City of Bell Gardens. PCA is proud to have been Bell Garden's transportation provider for the past 9+ years. We have truly enjoyed serving the citizens of your great city.

PCA, a 100% minority -owned company with over 54 years of experience in providing shuttle services as well as a wide range of transportation and parking services to clients in the private, and government sectors. Our executive team includes: Alex Martin Chaves, Chief Executive Officer; Eric Chaves, President / General Counsel; Myself, Pep Valdes, Executive Vice President Renee Chaves, Executive Vice President; Suzie Cooley, Senior Vice President; and Mario Cadenas, Vice President of Transportation. Any of my five colleagues and myself is authorized to represent our firm.

Together, we bring to the table close to over 150 years of transportation and shuttle service management experience. Our successful executive team and premier personnel -training model make our company a force in the transportation industry. PCA operates on principles that share your vision "to enrich lives through effective and caring services." Our proposal demonstrates this by focusing on PCA's expertise and commitment to managing effective and sustainable public transit services for the City of Bell Gardens,
l am confident that the diversity of programs and strategies contained in our proposal demonstrate our understanding of the contractual unclertaking of this agreement, and the importance, of the successful operation of all aspects of public transit services for the City.

Please do not hesitate to contact me should you have any questions or require any further information. We look forward to your positive response.

Since
losepft`''F'e r' Valdes
Executive Vice President
Exhibit 2 570

ICI Ib r'lat"_11
...5
..
9 ,12
WHYPCA :.. ...... .... ......... ....m.,..

ORGANIZATIONAL RESOURCES AND SERVICES ....

EXPERIENCE AND REFERENCES .........,.
15 COMPLIANCE ......... ......... ......... .,,.. ...17 TRANSITION & IMPLEMENTATION PLAN ......, ..1R
PERSONNEL. ... 21
SAFETY AND TRAINING PROGRAMS....... „ .2
MANAGEMENT AND STAFF...,,... . ................ :.. ..,...... ......... ,..,,,..,..., 34 TRANSPORTATION OPERATIONS TEAM ORGANIZATIONAL CHART 42
PROJECT TEAM ORGANIZATIONAL CHART.........,..,,, .•.•43 TRANSPORTATION OPERATIONS MANAGEMENT AND PROJECT TEAM ....:.. ............ 4 EMPLOYEE BENEFITS ....... ......... ......... ....

DISCIPLINARY PROGRAM .......... .,....45
PROCEDURES FOR EXCESSIVE CALL -OUTS AND/OR NO SHOWS ... .... ............ ............. . .........47 4 51
MANAGEMENT INFORMATION SYSTEM ...... .... ...,.,..,. ,....... .......,....,... .. ......... ........51 REPORTING 52
PREVENTABLE COLLISION ACCIDENTS AND ROAD CALLS ............. ........... . ............ ............,61 SUBSTANCE ABUSE PROGRAM & EMPLOYEE COUNSELLING PROGRAM......... .... . .... ....

SECURITY PROGRAM .......,....

DRUG AND ALCOHOL TESTING PROGRAM
VEHICLES ... ...

VEHICLE MAINTENANCE..........
dl I II Ilf I I a 1 ACI II I'
ATTACHMENTS .,.,.
,.62
....62
65 .65
Exhibit 2
571

REQUIRED I' S I AL QUESTIONNAIRE
For the Company of: PCAM, LLC
All proposers are required to complete the following questionnaire. If your answer is provided in greater detail within your Proposal, you rrnay reference the appropriate section of page of the Proposal. You may either use this form for your responses, or a transcribed copy; HOWEVER, all questions must be answered, in the order presented here. Proposals which do not include this questionnaire completely will be considered non -responsive and will be rejected.

1. Does the proposer, any individual proposing Company, any participating Company in any proposed joint venture, or any proposed subcontractor have any conflict of interest within the following definition?
"No person performing services for the City of Bell Gardens in connection with any project resulting from this proposal shall have financial or personal interest, other than employment or retention by the City of dell Gardens, in any contract or subcontract in connection with such project." Yes No
(A "Yes" answer to this question will be considered non -responsive and the proposal will be rejected,)

2. Are you on the State Controller General's list of ineligible bidders or have you been or are you on any federal list of debarred or suspended bidders?
Yes No

3. Has your Company received, an "unsatisfactory" rating from law enforcement or any regulatory agency with regard to maintenance, records or facility at any time in the past five (5) years? Yes No Vi
4, Has your Company, or a public transit system managed by principals from your Company, been cited, fined, or ordered to stop a bus system's operations at any time during the past seven years by any regulatory agency or client for accidents caused by negligence? Yes No
5, is there any recent (within the past five years), current, or pending litigation involving your Company due to any accident(s) which have resulted in injury or death from operation of a passenger transportation service (including but not limited to fixed -route, paratransit, taxi, school bus, charter; etc.)
Yes No

6. Are there any past, current or pending financial or legal issues which might jeopardize your Company's ability to provide services in accordance, with the attached RFP and Agreennent at the prices quoted by your Company, for the term of the Agreement?
Yes No

7. Has your Company applied for credit protection under any bankruptcy proceedings, over the pasts three (3) years?
Yes No
572
4 ciifivrr,Sr,rr rr�r rr,y
Introduction & Experience
Parking Company of America (PCA) has 54 years of experience providing transportation and parking services to both the private and government sectors. PCA strives to be an extension of the clients we serve and provide innovative solutions and services that make the difference. PCA prides itself on our superior customer service, as is evident from the long-term success of our company. Our never-ending mission is providing quality customer -focused service, adding value to the lives of the people we serve.

PCA is determined to succeed in carrying out a seamless transportation operation, as we understand that our services can very well influence your visitors' first and last impression. We seek to make their transportation experience a positively memorable one, exceeding their expectations while transporting them safely to their destinations.

PCA's Transportation Management Services Division offers fixed -route and demand -response transportation services for our customers including but not limited to Children's Hospital Los Angeles, Harbor UCLA, Alta Bates, and the Cities of Cudahy, Covina, Monrovia, Montebello and San Fernando. Just for these named customers, PCA annually transports 1.2 million passengers, driving over 1 million miles each year. Within the transportation industry, PCA has a reputation for having a high -quality fleet, the professionalism of its drivers, for nearly 100% on -time service, and an outstanding safety record.

Management and Operations Plan
PCA's Corporate Management and Transition Team, with over 100 years of collective transportation experience, along with our Transportation Operations Management Team, are highly experienced professionals in this industry, providing guidance, operational excellence, and smooth transitions for every contract that PCA manages as well as new contracts that are awarded to us. We are experienced with seasonal operations, daily fluctuations, and special event staffing. We take pride in our outstanding driver retention rate and we have policies in place to curb driver tardiness or truancy.

Hiring and Retention of Personnel
PCA's hiring process includes an extensive training program. Vehicle Operation, Safety, Customer Service and Passenger Relations are the meat of our training programs. PCA offers its staff a competitive benefits package along with incentive programs in order to keep our employees happy and our retention rate high.

Conclusion
PCA has the years of experience, operational excellence, professional staff and top-notch customer service that sets PCA apart from its competitors. We look forward to continuing working with the City of Bell Gardens and receiving a positive response.
573
5�

Established in 1964 and based in Los Angeles, California, Parking Company of America (PCA) is a 100% minority -owned company with 54 years of transportation and parking management experience. We provide a wide range of transportation and parking services to clients in the education, municipal, healthcare, hospitality, and private sectors.

General Contact Info:

PCAM, LLC dba Parking Company of
America (PCA)
523 W. 6u, St, Suite 528
Los Angeles, CA 90014
(562) 862-2118
v w t,r'kp <a rwom
Federal ID #: 20-2264403
Year Established: 1964 (Celebrating 54 Years
In Business)
Number of Employees: 1,400+
Ownership: Privately Owned / Minority Business Enterprise he primary PCA contacts for this proposal are Pep Valdes and Mario Cadenas. Any questions regard➢ng this proposal may be addressed to:

Pep Valdes
Executive Vice President
523 W. 6th St., Suite 528
Los Angeles, CA 90014
(562) 862-2118 ext. 210
[email protected]
o Cadenas
Vice President of Transportation
(Project Manager)
3165 Garfield Ave
Los Angeles, CA 90040
(562) 862-2118 ext. 228
MCadenas@ParkPCA,corn
574

PCA's MBE Certificate:
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PCA's mission, vision, core values, and philosophy resonate throughout the entire PCA organization. Our commitment to these is apparent in PCA's continued success as a business and in our support of the community.
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PCA strives to be an extension of the clients we serve, provide innovative solutions and services that make the difference.
575

VISION STA 1FiVirN t
To partner with clients, provide quality customer focused service, add value to the lives of the people we serve. We achieve this through our core values; integrity, safety, sustainability, technology, leadership, and community service.

OUR cg )t t; VALUES
• Integrity: We do what we say we will do.
• Safety: We have a safety -first, zero -incident culture. • Sustainability: We are focused on a brighter tomorrow. • Technology: We utilize state-of-the-art technology and techniques. • Leadership: Our people are by far our greatest asset. • Community Service: We believe deeply in supporting our community.

PCA adopts a simple management philosophy:
"(0 become ort t"C>.`a'vision of the (V thrMit;J P (OF 41,1t COIMlTlMICat'loH with cu tourers C$Hd dientts. r"
PCA's entire organization deeply values the importance of knowing its customers' needs and working diligently to consistently improve service and resolve issues quickly and effectively. PCA is proud of its longevity in the transportation and parking industry, the broad range of its experience, and the high standard of excellence in its operations. PCA has a strong reputation for recruiting, training, nurturing, and maintaining a highly motivated, knowledgeable, and dedicated team with special emphasis on customer service, teamwork, and integrity; philosophies that begin with the Executive Management team and pervade all levels of the organization.
576
81 Ql. AIJFIIC. TIONS

HISTORY
Since its founding in 1964, PCA has remained a family owned and operated business and continues to be one of the largest privately -owned minority certified transportation and parking companies in America, PCA has over 1,400 employees primarily based in California but also operating in Georgia,.

Wisconsin, and Kansas, PCA successfully provides superior service to Transportation, Hotels, Healthcare Facilities, Restaurants, Airports, Retail Establishments, the Entertainment Industry, Private Events, and Independent Property Management Companies,
PCA began its operations in the early 1960s in Albuquerque, New Mexico with the management of surface parking lots and expanded to a variety of parking --service contracts ranging from private lease agreements to city, county, state, and federal contracts. In the mid -1970s, PCA opened its Transportation Services Division. During the 1990s, the company continued to build on its success with airport parking and shuttle services by securing contracts with municipalities, public agencies, educational institutions, medical centers, large private commercial enterprises, and attractions that require continuous fixed -route and demand -responsive transportation. In 1998, PCA opened its Fleet Services Division providing complete maintenance and repair of compact cars to 60 -passenger buses to major off -road equipment.

PCA maintains the ability and the resources to fulfill and exceed all requirements for parking and transportation services, PCA experience in transportation, parking, strong corporate leadership, and innovative style of management makes the company a force in the industry. The highly qualified general managers, assistant managers, drivers, customer service representatives, financial and administrative personnel of PCA keep the company at the top of every competitive bid for the transportation and parking services it chooses to pursue,
Ft, @'.I R iS
City of Cudahy
15220 Santa Ana Street
Cudahy, CA 90201
Steven Dobrenen
Finance Director
23-773-2024
Date 2012 ® Current
City of Covina
125 E. College St.

Covina, CA 91723
Sharon Gallant
Environmental Services and
Transportation Manager
Ph: 626-384-5484
Start Date 2017 — End Date 2020
Services:
1 Fixed Route Trolley
Services:

Dial -A -Ride
577

City of I`lonrovia
600 S. Mountain Avenue
Monrovia, CA 91016
Alex Tachiki
Senior Management Analyst
Ph: 626-932-5553
Start Date 2017 - End Date 2020
San Fernando
208 Park Avenue
San Fernando, CA 91340
Kenneth Jones, MPA
Management Analyst
Ph 818-898-1240
Start Date 2016 — End Date 2021
Montebello Link
400 S Taylor Avenue
Montebello, CA 90640
Jose Medrano
Transit Operation Manager
Ph. 323-558-1625 Ext 201
Start Date 2000 °- End Date 2020
FIN ,W:l it
Services:

Dial -A -Ride Service
Services
2 Trolleys / Fixed Routes
2 Dial -A -Ride Buses
Services:

Dial -A -Ride Service / Curb to Curb Service
PCAIV1, LLC also doing business as PCA is a financially stable company, Its capacity for increasing profitability expands daily with parking, fleet maintenance and transportation services nationwide.

Enclosed in a separate sealed CONFIDENTIAL envelope is a copy of the three (3) most recent audited annual financials for the years ending December 31, 2017, 2016, and 2015.

These documents reflect accurately the financial status of the organization.

The Auditors examine the books and records of the Company annually and have found, without exception, that all transactions are recorded properly, adhering stringently to "Generally Accepted Accounting Principles" (GAAP). Auditors issue unblemished audit opinions each year. you may contact the President and General Counsel, Eric Chaves, if you have any questions or require any additional information regarding the financial statements. fl i1
PCAM, LLC. dba PCA has not had and does not have any pending lawsuit or litigation;. 578
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PCAM, LLC. dba PCA has not ever been in or filed for bankruptcy. t:REDII tf,P1.IFR R ri i N(..` "
Bank of America Merrill Lynch, N.A. (Primary Bank)
Tint Davis
VP, Commercial Banking Relationship Manager
1355 Windward Concourse, 3rd Floor
Alpharetta, Ga. 300055
Ph, 404-607-3503
Wells Fargo
Katy Brooks
Vice President
1800 Century Park East, Suite 1100
Los Angeles, CA 90067
Office: 310-789-5313
• Creative Bus Sales
Jay Holzliuter
13501 Benson Avenue
Chino, CA 91710-5232
Ph. 909.4653528
Serramonte Ford
999 Serramonte Blvd,
Calma, CA 94014
Ph. 650,301.7186
Better Business Bureau Credit Rating: A+
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11 When looking to contract with a transit operator; an agency, business, or municipality (such as the City of Bell Gardens) must be 100% sure that the services being rendered by the chosen operator will be that of the quality that their riders deserve. They must be certain that the drivers are familiar with the routes, that the company is using the latest technology and software, that its fleet and assets are being managed and maintained, and that all potential obstacles have been envisioned and planned against. Since 2009, Parking Company of America (PCA) has been the operator of the City of t3eII Gardens' transit program and we have met the aforementioned requirements, goals, and challenges head-on, working in conjunction with city officials and leaders to provide the best transit services possible to the riders and residents of the City of Bell Gardens. It is for that reason that we at PCA are certain that we would be the best company to choose as the City of Bell Gardens moves forward with their Transit program. In addition to our experience with the City of BeII Gardens, PCA has 54 years of experience providing transportation and parking services to both the private and government sectors. PCA strives to be an extension of the clients we serve and provide innovative solutions and services that make the difference. PCA prides itself on our superior customer service, as is evident from the long-term success of our company. Our never-ending mission is providing quality custorner-focused service, adding value to the lives of the people we serve.

PCA is determined to succeed in carrying out a seamless transportation operation, as we understand that our services can very well influence your riders' first and last impression of the city. We seek to make their transportation experience a positively memorable one, exceeding their expectations while transporting them safely to theirdestinations.

In addition to operating as the incumbent transit provider for the City of Bell Gardens, PCA's Transportation Management Services Division currently offers additional fixed -route and demand - response transportation services for our customers, including but n of limited to; Children's Hospital Los Angeles, Harbor UCLA, Summit Healthcare, and the Cities of Covina, Monrovia, Cudahy, San Fernando, and Montebello. Just for these named customers, PCA annually transports 1.2 million passengers, driving over 1 million miles each year. Within the transportation industry, PCA has a reputation for having a high - quality fleet, the professionalism of its drivers, for nearly 100% on -time service, and an outstanding safety record.

PCA has the years of experience, operational excellence, professional staff and top-notch customer service that sets PCA apart from its competitors. We very much look forward to continuing to work with the City of Bell Gardens, and receiving a positive response for the Transit Services contract.

0RCI N /Alµi [ AL O [ C Al l "l
PCA will provide, at no additional cost, analytic assistance for NTD reporting, dispatch support for the new trolleys, software and dispatch system training, and GPS tracking.

Additionally, PCA will also provide any route modifications to the trolley schedule and stops, additional two-way radios (in the event the current radio communication malfunctions), and personnel to empty fare revenue from the fare boxes and deposit.

PCA hashadvarious contracts with the County of Los Angeles and other State and local municipalities to provide not only transportation, but different types of services such as vehicle maintenance and charter services among others. Clients such as the County of Los Angeles have given PCA the opportunity to expand our transportation services into other cities and counties in Northern and Southern California.

PCA has a history of operating contracts with public agencies requiring the transportation of handicapped and elderly passengers. These contracts include, Dial -A -Ride, Fixed Route, Non - Emergency Medical Transportation and reservation driven systetrrs. The contracts have included private individual pickups (including door-to-door and curb -to -curb service), charter operations, and general mass transit services. The vehicles have ranged from arid -sized, 35 passenger buses to small minivans with wheelchair ramps, using both PCA-owned vehicles as well as customer -owned vehicles.

PCA's experience in transportation is also well supported by over 35 years of working with, institutions, shopping centers, municipalities and private clients. A partial summary list of these includes the following:

City Cudahy 2012 — Present
In 2012 PCA was recommended to take over the Cudahy Area Rapid Transit. This service is a Fixed Route Trolley service, running a city -owned vehicle for the citizens of the City of Cudahy. The service runs one trolley from 7:00 am to 6:15 pm Monday thru Friday and Saturdays from 7am to 5:15 pm.

The service also runs during every holiday except Sundays. The system is free of charge to the residents of the city.

City Covina 2016— Present
In 2016 PCA was recommended to take over the Covina Dial A Ride Transportation SYS from the city selected contractor and was assigned to run the Dial A Ride Shuttle System, better known in the community Covina Dial A Ride Service beginning; in 2016. This service is a Dial A Ride System, service running City -owned vehicles for different routes within the City of Covina. The service runs 4 Dial A Ride Buses from 7:00 am to 5:30 pm Monday thru Friday and Saturday from lam to 3:00 pm. Vehicles meet ADA requirements. The system charges fare to the residents.. 13 l

City Monrovia 2016 — Present
In 2016 PCA was recommended to take over the Monrovia Transportation SYS from the city selected contractor and was assigned to run the Dial A Ride Shuttle System, better known in the community Monrovia Transit Service beginning in 2016. This service is a Dial A Ride System, service running City- owned vehicles for different routes within the City of Monrovia. The service runs 8 Dial A Ride Buses from 7:00 am to 10:00 pm Monday thru Friday and Saturday from 7am to 6:00 prn. Vehicles meet ADA requirements. The system charges fare to the residents.

Montello Link 1997 - Present
The City of Montebello began this program in an attempt to reduce the large volume of single occupancy vehicles on the overcrowded freeways. It is a combined semi -fixed route and demand response system serving commuters on the Riverside Line at the Montebello/Commerce Metrolink Station for five cities: City of Commerce, Montebello, Monterey Park, Pico Rivera, and Rosemead. Each shuttle serves four trains during mornings from 5:45 a.m. to 9:00 a.m. and during evenings from 3:00 p.rn. to 7:00 p.m. Monday thru Friday. There is no cost to Metrolink riders, but with limited seating, reservations are required at least 24 hours in advance. Seating is on a first -come first -serve basis. At its inception this service ran four ADA, 21 -passenger, alternative fuel shuttles, and then added a fifth vehicle when it was re -awarded in 2014.

City of San Fernando 2015 — Present
hi 2015 PCA was recommended to take over the San Fernando Transportation SYS from the city selected contractor and was assigned to run the Fixed and Dial A Ride Shuttle System, better known in the community as SF Trolleys Service beginning in September of 2016. This service is a fixed route and Dial A Ride System, service running PCA and City -owned vehicles for Two different routes within the City of San Fernando. The service runs 2 Dial A Ride Buses from 7:00 am to 5:00 pm and 2 Trolleys from 10:00am to 4:00pm Monday thru Friday and Saturday from 9am to 5pm. Vehicles meet ADA requirements. The system charges fare to the residents.

Harbor UCLA Medical Center 1996 —Present
Located in Torrance, California and under the Los Angeles County Department of Health Services, this system consists of one ADA-equipped 24 foot, 22 -passenger hospital -provided shuttle bus operating five clays a week, 17 hours a day continuously by PCA Drivers. The shuttle service transports employees on early morning and late afternoon shifts, from all the outer parking facilities on the campus. The system also provides service to patients, guests, and employees to designated locations across the campus transporting on average 300 passengers per day.

Transportation Management Services Division
PCA also contracts with municipalities to provide transportation services to the public. This division developed out of PCA's expertise in operating shuttle fleets. Currently, PCA's Transportation Services Division employs nearly 250 associates and services 26 plus clients approximately 130 shuttles.

The Transportation Division has been the fastest growing division within the company in recent years.

Transportation operations began in the 1970s as the company extended service at its off -airport parking facilities to provide shuttle transportation for customers directly to their airport terminals.

The company expanded its fleet each year to accommodate more customers. Today, the company secures contracts with public agencies, educational institutions, medical centers, and large private t 2 582
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commercial enterprises for continuous fixed -route and demand -response transportation. PCA has been acknowledged consistently for the high quality of its fleet, for the professionalism of its drivers, for nearly 100% on -time service, and for an outstanding record of safety.

PCA believes in supporting the industries that support us. We understand that to stay abreast of industry developments like clean fuels, bus design, advanced communications, computerized scheduling and dispatching, and electronic fare collection technologies, we must be involved in the professional/trade organizations that make the transportation industry an ever-changing arena.

CURRENT CONTRACTS
City of Cudahy
5220 Santa Ana Street
Cudahy, CA 90201
Steven Dobrenen
Finance Director
Ph: 323-773-2024
Start Date 2012 - Current
City of Covina
125 E. College St.

Covina, CA 91723
Sharon Gallant
Environmental Services and
Transportation Manager
Ph: 626-384-5484
Start Date 2017 — End Date 2020
City of Monrovia
600 S. Mountain Avenue
Monrovia, CA 91016
Alex Tachiki
Senior Management Analyst

SERVICES
City of Cudahy - Trolley Service
1 Trolley, General Public
Vehicle: 24 Foot E-450 Super Duty
Scope: Fixed Route- CART (Cudahy Area
Rapid Transit) provides trolley service that
runs Monday to Saturday using 7 stops to
link the City's residential and commercial
areas. In addition to scheduled CART,
residents may also flag down a CART bus
anywhere along the route. No fare
collection.

Service Area: 1.228 mil
Population: 24,098
Covina Dial -A -Ride Shuttle Service
4 Dial -A -Ride, Seniors Only
Vehicles: El Dorado Ford F-450 Super Duty
Dodge caravan
Scope: Dial -A -Ride Covina Transit provides
curb -to -curb transportation for registered
City of Covina residents within the City of
Covina and to selected local medical
providers within a 3 -mile radius. Service is
$0.25 Cents local ride, $2.00 out side
ervice area 3 miles Medical appointments
only and to city of Duarte / City of Hope
$4.00.

Service Area: 7.5 min
Population: 48,449
Monrovia Transit Service
5 Monrovia Transit / Dial A Ride Buses,
Senior & ADA Only
Scope: Dial -A -Ride- Monrovia Transit
provides curb -to -curb transportation for
City of Monrovia residents within the City

ANNUAL AVERAGES
30,940 Miles
126,100 Passengers
CU AHY
65,376 Miles
25,000+ Passengers
Total Annual Revenue: $1Q740.25
79,248 Miles
115,980 Passengers + 3,500 Seniors
(Lift Service)
Total Annual Revenue collected:
$13,200
2 583
15 Ph: 626-932-5553
Start Date 2017 - End Date 2020
Montebello Link
400 S Taylor Avenue
Montebello, CA 90640
Jose Medrano
Transit Operation Manager
Ph. 323-558-1625 Ext 201
Start Date 2000 — End Date 2020
San Fernando
208 Park Avenue
San Fernando, CA 91340
Kenneth Jones, MPA
Management Analyst
Ph 818-898-1240
Start Date 2016 — End Date
2021
Harbor UCLA
1000 W Carson Street
Torrance, CA 90509
Richard Rinehart
Transportation Supervisor
Ph 310-222-7920
Start Date 2000
of Monrovia and to selected local medical
providers within a 3 -mile radius. Service
is $0.50 Seniors and ADA.

Service Area: 13.71 mil
Population: 37.126
Montebello Link
5 Dial -A -Ride / Fix routes, General Public
by Reservations
Vehicles: 24 Foot Ford F-450 Super Duty
Scope: Semi -Fixed Route- MBL LINK is a
subscription service that offers curb -to -
curb shuttle service to and from the
Montebello Metrolink Station and
employment centers in Commerce,
Montebello, Monterey Park.

Service Area: 8.37 mil
Population: 63,335
San Fernando Trolleys Service
2 Trolleys
2 Dial -A -Ride
Vehicles: 24 Foot Ford F-450 Super Duty
& Classic American Trolleys
General Public
Scope: Dial -A -Ride- Mission City Transit
provides curb -to -curb transportation for
City of San Fernando residents within the
City of San Fernando and to selected local
edical providers within a 5 -mile radius.

Fixed Route- San Fernando Trolley service
that runs daily using 28 stops to link the
City's residential and commercial areas.

Service Area: 2,37 mil
Population: 24,700
Harbor UCLA
1 Shuttle
Vehicle: 24 foot- 22 passenger
Scope: Fixed Route service available to
employees and patients, traveling
between campus and various parking
lots.
66,300 Miles
85,280 Passengers
Total Annual Revenue Collected: $0
6,763 Miles
60,060 Passengers + 5,820 Dial A Ride
Total Annual Revenue Collected: $9,500
53,456 Miles
19,659 Passengers
Harbor -UCLA
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PCA understands that the City of BeII Gardens operation of each bus is under control of our operator (driver). That operator is responsible for operating the bus safely along the route, as well as managing passenger boarding and alighting at stops along the route and following the tirrre table schedules. They may also have responsibility for managing fare payment on board, and for ensuring passenger safety and security.
)N I I tOl l' i
Employee are schedule base in operation hours including dead head time before and after each of the routes, also PCAM train several lead drivers to take over the route in case of any emergencies, call offs or sick days from employees, supervisors and managers also are qualify and train properly to take over the routes.

Overhead is based on the employee seniority, including supervisors and managers that are dedicated to the City of Bell Gardens Operations. * Please refer to Staffing Form.

Rates varies between employees due to seniority. Please refer to Staffing Form. : i'LlANCF
PCA is compliant with the Immigration Reform and Control Act of 1986. PCA requires all personnel to provide the necessary documentation to establish identity and employment eligibility; PCA is an equal opportunity employer and is compliant with Title VII of the Civil Rights Act. of 1964 and that no person shall, on the grounds of race, creed, color, disability, sex, sexual orientation, national origin, age, religion, Vietnam era Veteran's status, political affiliation, or any other non -merit factor, be excluded from participation in, be denied the benefits of, or be otherwise subjected to discrimination under this contract.
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PCA uses a "Transition Team" approach to ensure a smooth transition for managing; a new or existing Transportation service account. The actual start-up operation begins as soon as PCA receives the authorization to proceed (award of contract). PCA commits to performing all services by the scheduled start date of the contract.

Followingnotification of the award of the contract, PCA is prepared to begin operations at the scheduled start date and has the in-house staff and resources to coordinate all logistical requirements, fully, for every contractual requirement.

PCA maintains constant communication with all designated Contract representatives during the preparation and the initial implementation phase of the project. PCA desires to share more than 50 years' worth of experience providing both Transportation and Parking services and making decisions regarding all facets of such operations with representatives of the contracting authority and their support staff to ensure that final actions are consistent with the overall goals of the program..

The "Transition Team" is made-up of experienced PCA personnel, each of whom is chosen for the specific attributes that they bring to the overall transition effort The main focus of the "Transition Team" is to provide new and/or continued service to users of the service without inconvenience or interruption. The "Transition Team" establishes the most effective operational procedures during the transition; period and solidifies a foundation for continuous service excellence. Members of the Transportation Management Division have studied the project specifications and have formulated an analysis of the proposed services to be provided. The "Transition Team" has access to all corporate resources necessary to provide a smooth transition for all patrons and is responsible for the successful implementation of the operational strategy.

The "Transition Team" is comprised of the following individuals:

Alex Martin Chaves: Chief Executive Officer
Mr. Alex Martin Chaves has been involved in the implementation of PCA's standard operating procedures and top management decisions, while maintaining close contact with all members of the management team.

Contractual Duties: Contract Compliance
Eric Chaves: President, General Counsel
Mr. Eric Chaves is legal counsel for PCA and performs and/or oversees all legal and related activities.

He is involved in the implementation of management contracts with the respective contracting authority. Mr. Chaves implements and ensures direct compliance with all contract matters. He responds to any legal inquiries,
Contractual Duties: Contract Compliance, Vehicle / Equipment Procurement, General Contract Oversight
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Renee Valdes: Executive Vice President
Mrs, Renee Valdes is responsible for Auditing and Risk Management for the entire company. She works closely with our compliance departments and insurance companies to ensure Safety and Compliance are a number one priority. Her diligence and guidance provides for safe work environment for all of our staff.

Contractual Duties: Safety and Compliance, Accident / Incidents, Auditing Pep Valdes: Executive Vice President
Mr Valdes is responsible for overseeing, implementing business development activities including location start up and management. He is based in Southern California and serves as PCA's liaison and representative to the contracting authorities. Through his extensive experience in the parking and transportation industry, Mr. Valdes has been instrumental in the continued growth of PCA.

Contractual Duties: Contract Compliance, Direct Contract Oversight, Technology Integration Suzie Cooley: Senior Vice President
Suzie Cooley is currently the Senior Vice President for PCA and has been with the company since 2006. She is responsible for more than 1400 employees its more than 185 locations. All Vice Presidents report directly to her. Mrs. Cooley has more than 25 years of experience in the management of Operations, Human Resources, and Safety and Compliance within the Transportation Industry.

Contractual Duties: Contract Compliance, General Contract Oversight, Personnel Development Mario Catlenas: Vice President of Transportation (Project Manager) Currently Mr. Mario Cadenas supervises and oversees Transportation and Fleet service operations in Southern California, Mr. Cadenas'" responsibilities have increased as he continues to gain transportation and management knowledge and experience in managing all types of transportation contracts with methods of maximizing good customer service and revenues. Mr. Cadenas professional qualifications include driving experience with a Class "B" passenger endorsement license and a CPR certificate.

Contractual Duties: Contract Compliance, Contract Day -To -Day Oversight, Personnel Development, Vehicle / Equipment Maintenance
*PCA's Management Team philosophy is to be available to our clients at all times. Each of PCA's Management team members is committed to help in any way possible. We will strive as a team to ensure a smooth transition and continuation of services for the City of Bell Gardens Public Transit Services, 19 I

Should PCA be awarded the City of Bell Gardens transit contract, as the incumbent operator, PCA would not need to go through a "transition" phase as detailed and as thorough as a new incoming vendor. In that regard, PCA still fully intends to comply with the outlining of a timeline, as requested and required by the RFP. PCA's estimated target dates, upon retention of the BeII Gardens Transit contract, are estimated as follows:

Beginnin. October 22, 2018
PCA will begin to notify the existing Bell Gardens Drivers and determine any new or additional staffing needs.
• Interviews for any New Staff
PCA will begin the On -boarding process of any new staff and answer any questions that they may have.

PCA personnel to Manage Hiring and Training:
o Suzie Cooley, Mario Cadenas, Lorena de Leon, Hugo Alvarado, and Key HR Staff Purchase new vehicles, with an estimated delivery time of 30 to 60 days from receipt of purchase order
October 23 — November 9, 2018
PCA will continue the hiring On -Boarding, and Orientation process for any new hires.

November 12, 2018 — November 16, 2018
New Hire Driver Training and Dispatcher Training (current staff will be subject to a refresher training course as well):
o Various HR Topics
c� Vehicle Inspection
o Pre -trip inspection (Drivers Only)
o Safety
o Customer Service
o Scope of work and routes
a Contract requirements
c Over view previous NTD reports
November 19 — November 30, 2018
Community Awareness Events (if necessary)
PCA's Management team and dispatcher will rneet with pertinent city staff to insure there has been no last-minute changes and to outline any major changes from prior operations under the new agreement„
December 3, 2018
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Commencement of the service under the terms of the new agreement. 'PERS'.()NNEL.
l l' t 0.1 l QUAL
PCA recruits, interviews, and evaluates in good faith all potential employees. The employment policy of PCA requires that all personnel assigned to an operation read, speak, and write English and can follow written and verbal instructions in English.

Every employee must complete an application for employrrrent. They are required to present a valid driver's license, a copy of a current Department of Motor Vehicle individual printout (when applicable), and consent to a general background check, drug & alcohol test and physical before being hired by PCA:

This background investigation includes a criminal check verifying no felony or misdemeanor during the period of the report, and a check of the individual's driving record, PCA never knowingly employs or retains any individual convicted in a court of competent jurisdiction of theft or of misappropriating funds.

PCA reserves the right to conduct such investigations unless the contracting authority request such policy not be implemented.

PCA continues its history of adhering to all employment laws, Moreover, PCA certifies that all employees meet citizenship or legal alien status requirements as stipulated in Federal and State statutes and regulations. The policy of PCA always has been to hire only United States citizens or individuals legally permitted to work in the US.

PCA will obtain further verification of employment eligibility status required by Federal statutes and regulations as they exist currently and as they may be amended thereafter, Additionally; PCA will maintain files pertaining to all related documentation for such employees as prescribed by law. PCA willingly assumes full responsibility for its actions in this area.

PCA never knowingly hires any individual who has been convicted of a crime involving theft, dishonesty, embezzlement, physical violence, or threat of violence, Physical violence crimes include, but are not limited to, assault, rape, murder, or robbery.

For our contract operations, PCA uses the following process to hire employees:

Application
Applicant completes standard PCA application form
• Submits DMV printout (30 days current)
• Submits Valid Class "B or higher license with Passenger Endorsement • Staff verifies past employment and references
• PCA obtains consent form potential employee to request prior drug testing information from previous employer
589
21 Process Hiring
Pass drug and alcohol test (Compliant with DOT's Rules and Regulations) • Pass physical test
Verify prescription medicine (if applicable)
• Staff submits form for DMV administered Pull Notice Program (PNP) • Employee Background Check (if applicable or required by contracting agency) • Uniforms issued

3. Company Orientation & Training
Company manual distributed and explained
• Customer relations training
• Safety Procedures of Location
▪ Understanding and completing reports
• Passenger relations: general service, accornmodate special needs, sensitivity training • Safety (video and lecture): review vehicle specs, defensive driving, ADA-equipment, passenger safety, driver safety, traffic laws and regulations
• Understanding and completing reports
• Pass CHP--required Proficiency Test
*Refer to Driver Training section on Page 28 of this proposal

4. Assignment
■ Familiarize driver with vehicle: review engine, brake system, fuel system, heating & air • Conditioning, tires, signage, interior / exterior appearance u Route training (fixed and demand response): rnaps, on -site travel, etc. • Fueling procedures
u Understand and complete reports specific to the needs of the transit authority On -Going Training
• Monthly safety meetings for all drivers on selected topics Review and Answer questions from drivers
Open forum for drivers arid supervisors to discuss productivity improvement Evaluation
• 6 -month probationary period for new hires measuring overall efficiency based on all of the criteria above
• Annual evaluation of all drivers by Project Manager encompassing Can -Time Efficiency, Safety, Passenger Relations, and Reporting
• Ongoing monitoring of employees through the DMV pull notice program and random drug testing. • Unobserved road checks of drivers by supervisors on a random, but regular basis, allltig t. k.r 4.,°E \i
When hiring new personnel, PCA will conduct outreach in the City of Bell Gardens and give preference for qualified applicants residing in the local area. PCA will provide evidence of all job recruitment efforts,
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PCA is open to retaining all current employees unless otherwise directed by the City.

SAFETY AND TRAINING PROGRAMS
Op'-kA"IIN I'+")I,Ir.lei; AND FT(;
PCA's Transportation Safety Program establishes guidelines and procedures to be followed to protect the safety of individuals operating any motor vehicle on company business. Protecting the employee drivers, their passengers, and the general public is of the highest priority to the Company.

The commitment of management and employees is critical to the success of this program. Clear communication and strict adherence to the program's guidelines and procedures are essential.

PCA has an exemplary record of safety. From public transit systems to airport shuttle services, PCA has functioned for more than 30 years without a major accident or injury to passengers, employees, or the general public. PCA requires drivers and supervisors to know and follow local, state, and federal safety procedures.

Moreover, drivers and maintenance crews are required to attend on- going safety courses periodically to remain current on new standards and to ensure maximum safety consistently.

PCA drivers recognize their primary responsibility at all times is the safety of their passengers and to ensure the orderly conduct of all passengers who ride our shuttles. They will not transport any individual or group of individuals at any time if they believe that doing so threatens the health and/or safety of passengers and themselves. If such an incident occurs, the driver will report it to their immediate supervisor who will notify the appropriate contract representative.

PCA's Transportation Safety Program establishes guidelines and procedures to be followed to protect the safety of individuals operating any motor vehicle on company business. Protecting the employee drivers, their passengers, and the general public is of the highest priority to the Company.

The commitment of management and employees is critical to the success of this program. Clear communication of and strict adherence to the program's guidelines and procedures are essential.

The following outline states the scope and details of the PCA Transportation Safety Program.

Applicability and Scope:
a, All PCA employees and individuals work with PCA
b. General guidelines for managers, supervisors, and employees to establish minimum 591
23 standards
PCA does not delegate safety to subordinates; every member of management is active in enforcing safety standards
d. PCA encourages employees to submit recommendations to their immediate supervisor or manager for additions, modifications, or deletions in the safety program for action by upper management
General:
a. Every member of PCA is committed to the safety program b. PCA trains managers and supervisors to make safety an integral part of their daily responsibilities
All employees understand adherence to safety standards contributes to their growth within the company
Corporate Safety Policy:
a. Safety is the most important goal of the company
b. All employees must make every effort to reduce the possibility of accidents or other undesirable incidents
PCA shall meet or exceed all local, state, and federal (OSHA) safety laws and regulations, which is emphasized during training of new employees and reviewed regularly by supervisors to employees as standards change PCA provides its employees up-to-date protective equipment to prevent injury on the job and requires that they wear it at all times
Safety Organization:
a. Responsibilities of Supervisors and Managers

1. Fulfill safety responsibilities by teaching, counseling, and advising

2. Provide safety appraisals periodically, particularly after installation of new machinery or relocation of existing equipment

3. Report any unsafe or hazardous conditions in writing to upper :management with recommendations for improvement (if possible)
Promote and maintain on -going safety education program to create safety awareness at all levels of the organization

5. Prepare instructional material on safety
C. Keep up to date with new methods of safety, accident, and health hazard prevention
J. Regularly inspect work place for hazards
b. Responsibilities of Upper Management
24 1

1. Reiterate and demonstrate to all employees that safety is the highest priority . Ensure middle to lower management perform their safety responsibilities properly
Coordinate and enforce the safety program
Assist in inspecting the workplace for hazards
Safety Training:
a. Employees receive a "safety briefing" on the first day in their position, which includes:

1. Encouraging questions as they learn and face new situations

2. Explaining job duties in terms the individual can understand

3. Demonstrating all precautions and safe work practices for each job and explaining their importance

4. Explaining the need for protective equipment and dangers of not wearing it

5. Test the employee to verify he/she understands safety instructions and use of equipment
Additional lessons may include use of:

1. Fire extinguisher

2. Lifting and moving heavy objects

3. First -aid

4. Cardiopulmonary resuscitation

5. Natural disaster emergency procedures
c. PCA conducts unannounced checks on employees to verify safety preparedness d. Follow-up training sessions to foster honest dialogue among supervisors and workers
Safety Inspections:
a. Employees are subject to safety inspections at any time Unsafe
c
noted on an inspection include, but not limited to:

1. Operating equipment without authority or sufficient training

2. Using equipment or tools in an unsafe manner

3. Operating vehicles at unsafe speeds

4. Operating defective equipment

5. Making safety devices inoperative

6. Failing to use personal protective equipment

7. Unsafe, lifting

8. Adjusting, cleaning, or oiling machinery in motion
Unsafe conditions noted on an inspection include, but not limited to 25 osiV

1. Unsafe designs or construction of equipment

2. Defective tools or equipment

3. Poor housekeeping at the work site

4. Inadequately safeguarded or unguarded equipment

5. Inadequate illumination or ventilation
Communication with workers during inspections:

1. Monthly Safety Meetings

2. ©n -going training
Facilitate inspection by safety personnel or industrial hygienist with special expertise in the following equipment:
1 Cranes

2. Pressure vehicles

3. Fire extinguishers

4. Chains and ropes

5. Certain health hazards determined by industrial hygienists Special inspectors assist in emphasizing cornmitment to safety by PCA Accident Investigation:
a. Accident investigations identify causes to prevent future mishaps, examining

1. Mechanical improvements

2. Better supervision
3, improved employee training
b. Accident investigations improve awareness of supervisors and employees

1. At the work site specifically
2, Directs attention to accident prevention generally

3. All employees learn more about the causes of accidents, by investigating accidents
c. Every accident must be reported, major or minor
d. Every near -accident must be reported
e. Investigators must be sensitive to individual(s) involved and ensure their cooperation

1. Limit employee fear of reprimand or termination

2. Purpose of investigation is to learn the facts to prevent fu accidents Investigation techniques use the following guidelines:

1. Interview witnesses promptly and individually

2. Reassure witness of the investigation's purpose

3. Obtain the witness's version with minimal interruption

4. Direct specific questions to clarify the witness's account 594
26 here did the accident occur?
is the injured worker's job?
ire injured worker physically capable and did hefshe have sufficient experience to perform the work?
• What task was being performed when the accident occurred? What happened?
• Can more information be provided on the location of the accident? • What were the conditions at the time of the accident? • What were the physical conditions of the worker's surroundings? • What was the worker doing immediately preceding the accident? • Describe any circumstances that night have precipitated the accident? • Describe the accident or incident, such as "struck by," "caught between," etc.
• What other elements may have contributed to the accident? • How can future accidents of this type be prevented?
*Refer to accident reports attached
Hearing Protection:
a. PCA provides protective hearing equipment at v
limits prescribed by local, state, and federal law;
k sites where sound levels exceed
b. Upgrade protective hearing devices as better products enter the market Medical Evaluation / Diagnosis:
a. PCA conducts medical examinations to detect pre-existing medical conditions that may lead to unexpected physical problems
PCA advises fernale employees if fetal hazards exist (e.g., arsenic or lead fumes) to prevent pregnancy problems

1. Emergency Operations Plan
a. Supervisors, drivers, dispatchers, and support personnel remain calm and focused on the primary responsibility: safety for their passengers and themselves. b. Depending on the nature of the emergency — earthquake, severe storm, vehicle breakdown, equipment failure, civil disturbance — drivers either cease operating the vehicle immediately, if they determine that continuing operation is a risk of injury or death, or they must contact their Supervisor or dispatcher to assess their situation and to receive guidance on how to proceed.

Supervisors communicate immediately with the Project Manager, Transportation Director, dispatcher, and all drivers in the field regarding the nature of the emergency.

Managers or Supervisors shall notify a representative of the contracting authority or local police. They shall authorize drivers to cease operating irnrnediately and await assistance or further instruction, or to return to their point of departure, or to continue their run on an alternate route.
27l :r .,

d. PCA instructs all personnel to follow the instructions of police, fire, or any authorized official responsible for maintaining safety and order in an emergency. Such official instructions supersede any instructions given by the Project Manager or Supervisors. e. If PCA or civil authorities request that vehicles cease operation, drivers provide assistance to their passengers for alternative transportation as may be possible. If emergency is due to vehicle breakdown or equiprnent failure, a spare vehicle will be provided as needed.
f. Expected maximum time until a spare vehicle to arrive for emergency situations is up to 30mins..

Project Managers, Supervisors, and driver's complete reports regarding the status of the emergency, injuries (if any) to passengers or personnel, and damage (if any) to the vehicles.

Scheduled service resumes as soon as conditions permit.

After the emergency, members of PCA corporate management and management of the Transportation Division evaluate the Company's response to the emergency, revise policies if necessary, and provide a detailed report of its actions during the event if requested by a contracting authority.

PCA will have the Project Manager, Mr. Mario Cadenas, assigned to this account in which he will be able to field any calls regarding service levels and operation of this program, 24 hours per day, 7 days per week, Mr. Mario Cadenas will also be on -call for general questions and/or emergency situations immediately after incident occurs.
rt
Comprehensive employee training assures that all 1,400 of PCA employees are skilled in customer service, safety protocol, and job skills. PCA regularly conducts employee trainings and refresher courses to ensure PCA employees conduct their job duties with the utmost skill, unparalleled customer service, and up-to-date technological advancements. Employees are well versed in Safely Surrendered Baby Law, sexual harassment & sensitivity conduct, cultural sensitivity, OSHA safety requirements, customer service, safe driving skills, computer skills including email, and PARCS, PCI, & EMV systems.

Training Tearn: Suzie Cooley: PCA - Senior Vice President, Director of Human Resources Mario Cadenas: PCA — Vice President of Transportation (Project Manager) All Drivers complete a General Training Course and a Defensive Driving Course with PCA appointed certified trainer. This training consists of the following:
596
28 • Effective communication with management, passengers, guests, fellow colleagues and the general public in fluent English.

Professional and courteous demeanor.
• Effective ability to establish professional and friendly relationships with our customers. • Ability to work effectively and efficiently without direct supervision, follow directions, and to adjust their service to the needs of the customers.

PCA's training course includes but is not limited to the following:

General Transportation Safety procedures, detecting unsafe conditions and the use of equipment (e.g., two-way radios); incident reporting, general record keeping, and', assisting elderly and disabled customers when applicable.

Drivers' Safety
• Drivers' Maneuverability Field Test
Ensuring safe vehicle operation in heavily congested areas. ▪ General Maneuverability in confined areas
• Route training (i.e., strict adherence to designated shuttle routes).

The Project Manager or Supervisor monitors and evaluates employee performance. On -site training initially requires a supervisor to ride with Drivers to monitor their proficiency and ability to provide additional assistance as required.

Additional on -site training will focus on customer relations, daily vehicle safety and operational, checklist items and other operational aspects as required. Drivers undergo a safety and performance test semi-annually and additional training is offered for improving general performance or as necessary for company advancement.

PCA considers drivers and other support personnel for permanent employment only upon completing all training satisfactorily and meeting all Company employment standards.

To maintain excellent service, PCA requires employees to attend continued training in customer relations, operational procedures, and safety semi-annually. Additional supervisory training will be offered to certain individuals based on their superior performance, as opportunities become available..

Drivers who are involved in a preventable accident or have a below -average performance rating will be required to undergo additional retraining. Retraining of drivers in this area will be reported for verification before the driver k placed into active service. 29 ,.

The Transportation Management maintains files of all training records at the office performing contract support functions. All records will be made available for inspection whenever desired by contract representatives.

The following summarizes the entire training process:

SUBJECT HOURS
General Orientation, Customer Service Training, Policies, Benefits, WorkRules, Conduct ............................................................................................................................... 2 hours Vehicle Operation and Specifications .................................................................................... 4 hours Pre- and Post -Trip Inspections ................................................................................................ 2 hours Defensive Driving .................................................................................................................. 8 hours Accident and Safety Procedures .............................. .................................................................. 8 hours Assistance to Persons with Disabilities and Passenger Relations (Including wheelchair loading/unloading) . . ... ... ... .. ..... ... .. ... . ... ... .. .. ........... .... ... . . .. ... .. ..... .. . ... . . 24 hours Route Familiarization.................................................................................................................... 8 hours Vehicle Operation and Driving Evaluation. . .. . . . . .. . . ......... . . . 24 hours Total 80 hours
The driver training process follows the following outline:.

1. Orientation:

All employees are required to attend a formal Company orientation in order to insure a high degree of courteous and efficient service is ensured for each project. Personal and professional characteristics such as politeness, safety, reliability, and a sense of urgency are emphasized to employees as a key part of their job. Company training stresses repeatedly the importance of team work, which in transportation operations means cooperation by all employees to deliver the best service possible and the need for employees to respect and help each other at all times.

2. Review Various Vehicle Specifications:
2 598
30 I

Brakes
Steering
Drive train
Suspension
Lights
Doors
Seating
Heating & air conditioning
Emergency equipment
Communication equipment
Pre- and Post -Trip Inspections:
■ Proper form completion
A standardized step-by-step inspection Process
Follow Through when problems are identified

4. Defensive Driving:
m Explain time/distance ratios of large vehicles at various speeds • Braking and acceleration
m Apply gradual increases in pressure according to estimated time,/distance ratio m Faster for more distance
• Slower for less distance
• Apply gradual increases in acceleration a ccordingtoestimated time/distance ratio • Use of mirrors and signals
m Adjust speed and handling to actual conditions during:
• Daytime or nighttime
• Inclement weather (rain, snow)
• Emergency conditions such as earthquake, power failure, severe stomas and flooding, etc.

Safety and Accident Procedures:
m Passenger Safety
• Verify all passengers are seated or holding handrails. • Keep passengers out of stairwells during vehicle operation • Drive 5.10 mph below speed limit when vehicle is overcrowded • Stop, turnoff engine, and apply emergency brake immediately after the accident/incident occurs
Approach individual(s) professionally and courteous
Avoid raising voice
• Inform individual(s) that they must leave the vehicle and why • Give information on filing a response to their ejection if requested • Escort individual(s) off the bus
• Ensure other passengers remain still (seated or standing) and calm Call for security if individuals} refuse cooperation
Personal Driver Safety Habits:
• Start every shift rested and fed

• ABSOLUTELY no alcohol use at least 6 hours before starting shift • ABSOLUTELY no illegal drug use at any time
• Take only appropriate dosage of prescription medication • Provide written authorization from physician
• Certain prescription medications disallowed (antihistamines, codeine, etc.) • Verify driver licensing and medical cards
Traffic Rules and Regulations
■ Speed limits
■ Posted conditions
▪ Procedures during emergency conditions
■ Follow directions of law enforcement or other public safety authorities as required
Accident Procedures
• Call for emergency medical assistance if any bodily injury occurs • Notify PCA and the contracting authority if any accident occurs immediately after • Remain accessible for interviews regarding accident
• Complete all forms, reports, or other documentation required by PCA and the contracting authority on the same day of the accident
Driver sent by manager for drug and alcohol testing
6 ADA Equipment and Other Assistance to Persons with Disabilities:
n Proper areas for boarding and unloading passengers in wheelchairs • Review vehicle specs for lift -gates
• Review interior space for safe and convenient wheelchair placement • Proper use of lifts and tie -downs

7. Finally, all employees are required to attend and satisfactorily pass any and all orientations and/or training seminars being offered by the location we are about to begin servicing. PCA, requires each of their employees to abide by and maintain the standards established by each new location for their own employees and we in turn will hold them to these standards as well.

PASSENGER RELATIONS
PCA places significant emphasis on passenger relations in our driver -training program. All drivers and support personnel are trained in passenger relations using the following curriculum:

Fundamentals of Establishing Rapport with Riders:
satitfile'riOn
Greet all passengers boarding with a smile and a sincere "hello," "dhow are you, ° weicor e aboard"
Be knowledgeable of:
• Routes...to familiarize them with the system for their needs • Time...to help them use the system efficiently
600
32 • Destinations,,,to get them where they're going such as schools, shopping, hospitals, and, other locales
Engage in friendly small talk at stops
• Friendly talk is a friendly experience
Let them appreciate good service even more
Learn about the customer to serve them better
■ Pheasant farewell
• Thank them for using the bus
a Wish them a nice day
a Get them to smile as they leave
Accommodate Needs:

Learn how to be flexible with tune and apply knowledge of routes to serve customers better and to stay on time within traffic conditions.

Anticipate and organize time to meet all special drop requests O Review reports to determine peak hour demand
• Judge traffic level correctly
Always remain within speed limits
Provide physical assistance when necessary
▪ Assist handicapped with ADA-equipment
Assist elderly with boarding, seating and departing as necessary Sensitivity Training:

Patience
n Know the customer and their needs such as seniors, students, business commuters, shoppers, and tourists
• Retain helpful and friendly demeanor at all times
Do NOT let a bad day get the better of you
Assure there you will make extra effort to help them
Good communication skills
• Listen to their needs and concerns
• Respond professional and compassionate, NEVER curt and condescending ▪ Take extra moment to answer questions simply and completely Route Familiarization
Study route and specific driving conditions
• Ride designated route with Field Supervisor or Lead Driver for five days • Learn connecting destinations and other points of interest for riders Vehicle Operations and Driving Evaluation
®. Drive vehicle under controlled conditions
a Drive designated route with Field Supervisor for three days 601
33 • Emergency situations including evaluation of passengers a Receive final performance evaluation
• Review evaluation with supervisor
• Perform additional field or written testing if needed

MANAGEIVIENT ANDSTAFF
I ElN r i'iNIA TEAM i l,lSCRti" l„It s
Project Manager
The Project Manager's primary responsibility is the monitoring of all services related to this transportation operation. The Project Manager serves as a liaison with representatives of the contracting authority. During the first several weeks of operation, the Manager assumes a major role in implementing the transition to PCA service. When service commences, the Project Manager coordinates personnel deployment; vehicle maintenance, performance evaluations, administrative support and reviews project accounts (if applicable). This includes, but is not limited to, conducting on -site training (riding with drivers) to monitor efficiency, safety, and customer service, assigning personnel, generating and submitting all required operating reports, monitoring ridership levels, and responding to customer comments or complaints within 24 hours. The Project Manager will consult with the Cities' staff to monitor and adjust the operating system to remain within budget. The Project Manager will be on -site during service operating hours and will be available via cellular phone anytime to provide immediate assistance if a major disruption or other significant problem occurs..

The performance goals of a Project Manager are to ensure that service meets or exceeds the expectations of passengers and the contracting authority consistently, to ensure the accuracy of financial reporting and billing, and to engender excellent labor/management relations.

PCA proposes Mr. Mario Cadenas to serve as the Project Manager.

Mr. Mario Cadenas offers substantial experience in all facets of transportation and fleet maintenance, managing PCA contracts, and supervising drivers, Please see below for contact information of person whom can verify Mr. Cadenas experience:

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Road Supervisor
A Road Supervisor remains on -duty and in communication with Drivers during all operating hours.

They ensure buses leave at scheduled times and that Drivers inspect them to PCA standards before departure. Road Supervisors authorize the use of back-up vehicles as necessary. They 602
34 l'

observe, evaluate, and document driver performance for the employees' personnel files at least once per calendar month. They conduct monthly Safety Meetings and enforce all PCA standards of performance and take disciplinary action if necessary. They train new drivers on the service routes and provide additional training and information to current employees as needed. They provide lunch relief for drivers or assume driving responsibilities whenever a driver is unavailable. Transportation Supervisors report to the Project Manager.

The goal of the Supervisor is to ensure drivers perform all duties according to the service contract and with the highest level of safety as required by PCA, Contracting Agency, and state authorities. Their hands-on presence in the field is to achieve maximum transportation efficiency.

Driver
All PCA drivers possess a valid Class "B" or higher license with Passenger Endorsement from the state in which they operate vehicles. All drivers possess a current Medical Examiners Card. They must maintain an excellent driving record professionally and personally and must report any activity on their license during active employment with PCA Transportation (AII PCA drivers are enrolled in the DMV's Pull Notice Program). AII Drivers are subject to Random Drug & Alcohol Testing which are performed on a quarterly basis. PCA trains and requires Drivers to maximize the safety of passengers, pedestrians, and other vehicles, to obey all traffic rules, to report mechanical deficiencies on their vehicle, to maintain a professional appearance and demeanor at all times. Additionally, Drivers complete Pre -Trip inspections on their vehicles, reports for passenger counts, stop times, mileage, etc., and incident or accident reports. They fuel their vehicles after a shift or at a designated time during a shift. They return their vehicle to its designated space after a shift and lock it securely.

The performance goal of the Driver is to provide the safest, most efficient, and most courteous service possible. They must serve as the best representative of PCA and the contracting authority since the Driver is the only contact patrons have with the transportation service.

Fleet Manager
At PCA, fleet managers play a pivotal role. Our fleet managers are responsible for assisting with the selection and maintenance of vehicles in order to keep deliveries and distributions on schedule. In order to succeed, PCA's fleet managers have significant experience and skills in operations, logistics and using software programs to monitor both fleets and drivers.

Our fleet managers also work with our VP of Transportation to make decisions about what kind of vehicles to purchase and how many (if applicable). When our vehicles are no longer useful for the fleet, the fleet manager will assist with the marketing and resell procedures.

Fleet managers are responsible for maintaining impeccable records. They assist our Permits division with registration and licensing of all vehicles and keeping all inspections up to date. They keep records to prove that the fleet company is in compliance with all state and federal regulations.

Maintenance Technician
All maintenance technicians are ASE certified. They are responsible for performing their assignments to completion efficiently and timely. They seek out assistance if they experience unfamiliar complications, 603
35 L

report unusual wear and tear, and prepare diagnostic and other types of reports to maintain a complete and accurate maintenance history on each vehicle they service. All technicians attend safety meetings, review new information on parts and perform preventative maintenance on entire fleet as posted on new bulletins,
Safety Manager
PCA's Transportation Safety Manager directs the transportation safety management process, and provides overall support and guidance to our regional, area and local transportation operations. The Manager coordinates with fleet Management, Operations Management, as well as our Vice President of Transportation in creating and implementing short- and long-term strategies, ensuring our goal of building and maintaining a culture of safety within the organization.

The PCA Safety Manager will also introduce and oversee processes and regulations to better maintain oversight of all regulatory compliance status; providing training and development for all management and frontline operators.

Lastly, the transportation safety manager works with our Executive Vice President to coordinate and manage the accident and claims process; assists with conductingauditsaudits and inspections of the transportation safety management process.

ATTACHMENT: Resumes
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CORPORATE MANAGEMENµl- STRUCTURE
Alex Martin Chaves: Chief Executive Officer
Alex Martin Chaves has worked in the parking, fleet and transportation industry his entire professional life. His expertise in developing parking, fleet and transportation service companies is the strength he possesses to lead the PCAM (Parking Company of America Management) group of entities today. Under his leadership as Chief Executive Officer, PCAM has embarked on an aggressive and profitable program of developing new parking locations nationwide, securing transportation accounts, and acquiring established parking service and vehicle maintenance companies, He entered the family business during high school working weekends as a Site Manager at locations in Los Angeles and San Francisco and started his own company during his college years securing several contracts in the Los Angeles area. By the late 1980s, he facilitated impressive growth with his parking service company, 100% in three consecutive years, by employing a full-time professional sales force and by the acquisition of an established parking company in Southern California. Clients currently include Hilton, Hyatt, and Marriott Hotels, several premier office buildings, upscale restaurants, hospitals and country clubs in California and elsewhere.

In 1995, Mr. Chaves started PCAM's Transportation Division, which includes shuttle services for fixed - route continuous service, demand -response commuting service, and ADA certified transportation service of hospital patients and the disabled. Since then, Mr. Chaves has devoted much effort to acquire and develop over 250 acres of off -airport parking properties and related enterprises nationwide. He was particularly instrumental in securing private and institutional lending to purchase real estate for new parking developments, existing facilities for reorganization, and an established fleet service company which maintained fleet vehicle contacts in and around Los Angeles County, During the past several years, he has guided the Company to another level of unprecedented growth.

From off -airport locations across the United States, he envisions continued expansion in those markets of every other division in the company: parking management, transportation, and fleet services.

In 2012, Alex opened a new facility at 3100 Sylvan Road in Atlanta, GA. Peachy Airport Parking is the closest Atlanta ATL off -airport parking facility. He purchased a 50Q000 sq' warehouse and converted it into a completely indoor parking facility with 1,500 parking spaces. Additionally, Alex developed an Outdoor facility with 1,500 spaces for a total of 3,000 parking spaces, The indoor facility is Atlanta's only completely enclosed, indoor & climate -controlled Parking Facility.

Mr. Chaves is a graduate of Loyola-Marymount University of Los Angeles with a Bachelor of Science in Business Administration. Currently he is an active member of the LMU Latino Alumni Association where he serves as President. He received LMU's Distinguished Alumni Award and in 2012 he was selected as one of 58 distinguished LMU alumni who have excelled in their fields: the profiles of the honorees are featured in the "I AM LMU" exhibit lining the hallways of the Charles Von Der Ahe Building on the LMU campus. Mr. Chaves serves on LA 2024 (Los Angeles 2024 Olympics Board of Directors). Additionally, Mr, Chaves is a former member of Loyola Marymount University Board of Trustees, a former Board Member of the East Los Angeles YMCA and a former Board Member and Chapter Chairman of the Young Presidents' 605
37 I

Organization (YPO) San Gabriel Valley Chapter, a prestigious international professional organization recognizing the accomplishments of company presidents and chief executive officers before age 40. He is a member of the YPO SGV Gold and YPO Angeleno Gold Chapters. In addition, he is an avid golfer and member of the Los Angeles Country Club, and a member of the California Club. Mr. Chaves and his wife Nora have four children and reside in Manhattan Beach, California.

Eric Chaves: President, General Counsel
Eric Chaves is President and General Counsel for PCAM, LLC d/b/a Parking Company of America (PCAM) and has been with the company since 1997. He has been an important part of the company's exponential expansion in PCAM'S parking and transportation services by spear heading the company's acquisition and organic growth strategy. He oversees the day-to-day operations of PCAM which has over 1,000 employees and over $50,000,000 in annual sales. All senior management reports directly to him. As head of the Legal Department, he approves all contracts, the legal side of all transactions, manages litigation, and controls special legal work by outside counsel.

Mr. Chaves is a founder and former board member of ProAmerica Bank, in Los Angeles, the largest Hispanic owned bank in Los Angeles, which was later sold to Pacific Commerce Bank in early 2016. Mr.

Chaves is also board member of the Georgetown Law Center, Los Angles Library Foundation and Young Presidents Organization (Beverly Hills Chapter), He was also a former Civil Service Commissioner of Los Angeles.

He is or has been a member of the California State Bar, the American Bar Association, the Los Angeles County Bar Association, the Los Angeles District Court, Mexican American Bar Association and the Central District Court of California.

Mr, Chaves received his JD from Georgetown University Law Center in 1992. He earned his BA in Political Science from the University of California at Los Angeles in 1989.

Renee Valdes: Executive Vice President
Mrs. Renee Valdes, Executive Vice President, has worked for Parking Company of America her entire professional life. Renee started working in the family business at the age of 15. Starting as parking booth cashier, Renee went on to oversee Parking Companies of America's airport operations encompassing 21 parking operations from coast to coast.

Most recently, Renee oversees the companies Auditing, Risk Management and Human Resources Departments, encompassing compliance, insurance operations and Workman's Compensation.

Insurance Safety and Compliance are a number one priority. Her diligence and guidance have resulted in a safe work environment for PCA's entire staff.
t 2 606

Mrs. Valdes is a graduate of University of California, Irvine, earning a bachelor's Degree in business.

Currently, Renee serves on the following boards:
• Dolores Mission
• Habitat for Humanity
• Archdiocese of Los Angeles Cardinals Awards Dinner
• Catholic Education Foundation
• Catholic. Association of Latino Leaders
Past Board Affiliations:
• St. Marks Episcopal School Board of Trustees
• St. Philip The Apostle School Board (President)
• Ronald McDonald Camps Board Member
• Weingart YMCA Board member
Renee is a Lady, in the Equestrian Order of the Holy Sepulcher of Jerusalem, a member of Legatus and a member of the California Club and Annandale Golf Club.

Renee has been Married for 25 years and has two adult daughters. She and her husband reside in Pasadena, CA.

Pep Valdes: Executive Vice President
Mr. Valdes has worked for Parking Company of America for the past 10 years. Pep is responsible for overseeing and implementing all aspects of business development activities including location start up and management. Pep based in Los Angeles and serves as PCA's liaison and representative to the contracting authorities.

Through his extensive experience in the parking and transportation industry, Mr.

Valdes has been instrumental in the continued growth of PCA. Prior to joining PCA, Pep spent 30 years in the Mortgage Industry overseeing and managing a sales force 150 strong.

Mr. Valdes believe in giving back to the community, he currently serves on the following Boards:
• Board of Directors, YMCA of Metropolitan Los Angeles
• Board of Trustees at PBS So Cal
• Board of Governors at White Memorial Medical Center,
• Member and Past Board Chair of the White Memorial Medical Center Charitable Foundation,
• Board of Trustees, National Association of Elected & Appointed Officials (NALEO)Education Fund
• Board Member and Past President of the Los Angeles chapter of the Catholic Association of Latino Leaders (CALL)
• Committee Co -Chair for the Queen of Angels Center for Priestly Formation. • Member & Past President of Legatus
607
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Past Board affiliations:
• Past Board President of the Board of Trustees at East L A Classic Theater • Past Board member and Secretary of the Pasadena YMCA
• Past School Board Member of Blessed Sacrament School
Mr, Valdes is a Knight of the Equestrian Order of the Holy Sepulcher of Jerusalem, a member of the California Club and Annandale Golf Club. Pep has been married for 25 years and has two adult children.

He resides in Pasadena, CA.

Suzie Cooley: Senior Vice President
Suzie Cooley is currently the Senior Vice President for PCA and has been with the company since 2006. She is responsible for more than 1400 employees in more than 185 locations. All Vice Presidents report directly to her. Mrs. Cooley has more than 25 years of experience in the management of Operations, Human Resources, and Safety and Compliance within the Parking and Transportation Industries.

Mrs. Cooley attended California State University Long Beach where she majored in Business Administration. She later obtained her Master's Degree in Human Resources Management from Trident University International.

She maintains memberships with Society of Human Resources Management (SHRM), California Chamber of Commerce (CCC), and National Seminars (NST). Mrs. Cooley strives to continue her education in current processes and operational training programs to create new and exciting training programs for our staff.

Mrs, Cooley has spent more than 20 years volunteering to raise money for Hospice programs through CHW, where she coordinated the activities of 200 plus volunteers and provided Fund Raising Event planning. Mrs. Cooley is an ardent supporter of the Long Beach Police Officer's Association (LBPOA). She is also an active volunteer with Elementary and Junior High Schools and The Boys and Girls Clubs, providing counseling and guidance to our youth, as they are our future.

Mrs. Cooley is very passionate about preserving our environment for future generations and is a member of the National Parks Conservation Association (NPCA) and participates in coastal and desert clean-up activities regularly. She is also a volunteer with the Bureau of Land Management (BLM), helping to care for our nation's natural and cultural resources. 608
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Mario Cadenas: Vice President of Transportation
Mr. Mario Cadenas has been employed with PCA for more than 24 years. In 1997, Mr. Cadenas was transferred to the Transportation Management Division as a Driver, bringing with him more the 12 years of experience in the parking industry.

In 1998, he acquired his credentials as a DMV Certified Trainer for Class "B" Licensed drivers and was shortly promoted to Transportation Supervisor. His responsibilities consisted of reviewing driver vehicle operations, training drivers, overseeing drivers conducting their vehicle inspections, conducting unobserved road checks, and conducting random inspections for safety and regulations.

Now, as the Vice President of Transportation, Mr. Cadenas is responsible for the day to day operations of our Transportation Management Service Division, including the management and training of over 110 employees, acting as the liaison between contracting authorities and PCA, and overseeing 18 transportation service contracts, including Harbor UCLA Medical Center, Montebello Link, City of Cudahy, City of Maywood, Union Bank of California, Space X, City of San Fernando, Telacu Management, City of El Monte, and more.

Mr. Cadenas is instrumental in the success of PCA, taking on numerous tasks and responsibilities including but not
limited to:
• Submit NTD reports for the contracts
• Perform monthly safety meetings
• Teach all drivers the TELE TRACK SYSTEM
• Complete knowledge of all routes and information; Teach new and existing drivers the routes • Maintain and submit the necessary paper work for invoice payment for all transportation expenses
• Complete working knowledge of all areas of a contract • Interview and hire all new employees
o Reward, discipline, and terminate employees when applicable • Generate and post employee work schedules
• Respond to inquiries and requests from the Contract Administrator • Respond to comments, compliments, and complaints within 24 hours • Train all new drivers completely
• Enroll new drivers in Employer Pull Notice Program
• Ensure all buses have been properly inspected before departure, as well as leave the yard on time
• Perform vehicle Operation Review
• Ensure all drivers arrive to office on time
o Responsible to perform the 45 days CHP inspections
• Ensure all drivers wear complete uniform
• Responsible for all special shuttle requests
• Dispatch drivers with maps to special shuttles services • Respond to any call(s) during the weekend
• Available 24 hours a day
609
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nrt
TEAM edrR( ,A H( INIAL�f:iJP1f�1
F:AN` P(S)li,TA It)N OPEN AM° ENT AND J r ,E. i..t, �.M The Transportation Operations Team works closely with our frontline project team on a daily basis to ensure our standards are maintained. PCA's Transportation Operations Team is comprised of the following team members:

Ms. Renee Valdes: Executive Vice President
Ms. Suzie Cooley: Sr. Vice President
Mr. Mario Cadenas: Vice President of Transportation
Ms. Nathalie Rodriguez: Human Resources Manager
Ms. Laura Lara: Payroll Manager
611
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The Project Team is comprised, of the following team members:

Mr. Mario Cadenas: Vice President of Transportation (Project Manager) Lorena De Leon: Fleet Manager
Soledad Alvarez: Road Supervisor
Hugo Alvarado: Safety Manager
Luliel Del Angel: Maintenance Technician
Drivers

VAMPLOYEE BENEFITS
PCAM, LLC is committed to providing the following benefits for eligible employees. Benefit eligibility may be dependent upon your employee classification (full-time versus part-time, for example) and on length of continuous employment at PCA. Benefit eligibility requirements may also be imposed by the plans themselves.

Upon becoming eligible for certain employee benefit plans, employee will receive Summary Plan Descriptions, which describe the benefits in greater detail. For information regarding employee benefits and to answer any questions employee may contact Human Resources.

The Company reserves the right to modify, amend or terminate benefits and to modify or amend benefit eligibility requirements at any time and for any reason, subject to any legal restrictions.

The Company offers the following employee benefits:
a Health Insurance - Employer pays 72.50% of Monthly Premiurn for employee coverage • Dental Insurance —Employee pays 100% of Monthly Premium • Vision Insurance Employee pays 100% of Monthly Premium Group Life Insurance
• 401(k) Plan
Health, Dental, Vision Insurance
PCA provides a comprehensive medical insurance plan for eligible employees and their dependents. PCA fuI l time employees become eligible for benefits 1't of the month following the sixty (60) day waiting period. Part Time employees who work 30 or more hours a week become eligible for benefits 1sr of the month following the sixty (60) day waiting period. In the event of an increase in medical insurance premium rates, all employees may be required to contribute to the cost of increased premiums to retain coverage.
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44 I

Retirement Plan
PCA provides an employee funded only 401(K) plan for eligible employees. Employees can take advantage of this benefit as soon as they have met their plan's age and service eligibility requirements.

Please see below:
21 years of age on the next plan entry date
Employee must have completed 2 month(s) of service by the next plan entry date.

Eligibility for company contributions differs from above.

Entry into the plan occurs periodically throughout the year.

Group Life Insurance
PCA provides a Group Life Insurance with the following coverage available. Basic Life Term, Voluntary, LTD -Percent Benefit, Voluntary Term life, Long Term Disability (LTD), and Short -Term Disability (STD). All eligible participants will receive a summary plan description. All Full time and Part time employees will be eligible for the Group Lift Insurance on the lst of the month following the sixty (60) days waiting period;

PLOYEE ACCC)NIMODATIONPROGRAMS
EIS IPL Y It Ii Ir.O I IrrI u I Iar` GRAI 15:

PCA's greatest resource is its employees. Recognizing this, PCA empowers every employee with the knowledge that he/she has access to the full resources of the Company. This knowledge enables each employee to make a significant contribution to the improvement of the Company and its operations.

Sub -standard employee performance is addressed immediately with corrective measures including training, counseling, and, if necessary, disciplinary action. Performance above and beyond Company standards is recognized, with motivational award programs.

In every transportation service provided by PCA, the following motivational award programs are implemented:

Employee of the Year
Manager/Supervisor of the Year
® Driver of the Month
• Driver of the Year
Additionally, PCA Routinely Host:
• Holiday Parties
• Barbecues
Employee Birthday Celebrations
• Company Newsletter
613
45 The transportation industry has a reputation for high turnover and transient employees. Yet, PCA prides itself on the longevity of many employees in each division of the company. Indeed, many employees have progressed steadily through positions of increased responsibility and into management. Some employees have had continuous employment with PCA for more than ten years.

Approximately 0% of the work forces have been employed by PCA for three years or longer.

Over SO of the Mangers were promoted from within.

The Company conducts new hire performance evaluations and annual evaluations of all hourly employees. PCA looks for conscientiousness, leadership, and efficiency. The Company offers an employee-mentoring program to assist in either obtaining permanent employment or professional advancement. The Transportation Division offers a driver training program to qualify employees for a Class B License with a passenger endorsement.

Staff turnover has been at a very low percentage
company -wide for PCA. The key is hiring management
that makes the workplace conducive for all
employees. The management team must also set the
example and be available to listen to employees"
concerns. PCA plans to pursue this focus with all of
the retained employees from the previous
contractor.

RV 1)11(1)(ii?,ANI i r it i` i l :/iii « i'i.I6r i`li"ti,l PCA's greatest resource is our employees,. PCA empowers every employee with the knowledge that he/she has access to the full_ resources of the Company. This knowledge enables each employee to make a significant contribution to the improver-nent of the Company and its operations.

Sub -standard employee performance is addressed immediately with correctivemeasures including re-training, counseling, and, if necessary, disciplinary action. Perforrnance above and beyond Company standards is recognized with motivational award programs. Below are a few examples of PCA's policies regarding employee conduct. These policies and more are stated in PCA's Employee Handbook, which can be provided upon request.
2 614
46 l ,,

r\L rr AN l►:a A1" I"tl:ivll)ANo;;{e
PCA complies with all State and Federal labor regulations and record keeping requirements. PCA expects its employees to be punctual and regular in attendance. Any tardiness or absence causes problems for fellow employees and customers. Employees are expected to report to work as scheduled, on time, and prepared to start work. Employees also are expected to remain at work for their entire work schedule, except for meal periods or when required to leave on authorized Company business. Late arrivals, early departures or other unanticipated and unapproved absences from scheduled hours are disruptive and must be avoided. If an employee is unable to report for work on any particular day, the employee must provide reasonable advance notice to the supervisor before the time the employee is scheduled to begin working for that day. If the employee fails to provide reasonable advance notice before the scheduled start time to begin work and does not arrive in time for the assigned shift, the employee will be considered tardy for that day.

Excessive absenteeism or tardiness, providing false information or abuse of leave laws will not be tolerated and appropriate disciplinary action will be taken by PCA, up to and including termination from the company. Generally, if the employee fails to report for work without any notification to the supervisor and the absence continues for a period of two days, PCA will consider that the employee has voluntarily abandoned or quit employment.

PkOt:EI:)l.JRES FC)It CALL -O (.1 il'S AN o
PCA takes driver attendance very seriously as we understand that any tardiness or absence causes problems for fellow employees and customers, and this is a substantial element in producing reputable and successful service levels. PCA expects its drivers to be punctual and regular in attendance. Late arrivals, early departures or other unanticipated and unapproved absences from scheduled hours are disruptive and must be avoided. If a driver is unable to report for work on any particular day, the driver must provide reasonable advance notice to the supervisor before the time the driver is scheduled to begin working for that day. If the driver fails to provide reasonable advance notice before the scheduled start time to begin work and does not arrive in time for the assigned shift, the driver will be considered tardy for that day. Excessive absenteeism or tardiness, providing false information or abuse of leave laws will not be tolerated and appropriate disciplinary action will be taken by PCA, up to and including termination from the company. Generally, if theemployee fails to report for work without any notification to the supervisor and the absence continues for a period of two days, PCA will consider that the employee has voluntarily abandoned or quit employment.

In the event the driver is unable to show up for the assigned shift, PCA is able to have an alternate driver at a moment's notice. With over 1,400 employees, PCA is able to reschedule drivers and will ensure that drivers will always be available to operate during specified hours. Our on -call emergency call -in procedure guarantees there will never be a lapse incoverage.

A sample absence report is shown on the next page.
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47 l

ABSENCE REPORT

EMPLOYEE NAME

LOCATION
Reason for absence:

Illness
nVacation
Employee requesting pay?
Yes If yes, please sl
COMMENTS:

EMPLOYEE SIGNATURE:

EMPLOYEE #

MANAGER
EJ Accident on jab
{Worker's Comp)
ri Family Leave Act
(unpaid)

TODAY'S DATE

DATES ABSENT
n faTO
urs to he paid:

Other
To Be Compteted By
Reported on First Day Absent: Yes
Considered fay Supervisor as: Ej Excused
Payroll Department
Vacation Hours Available
k Hours Available
No
EjUnexcused
'THIS FORM MUST BE APPROVED BY MANAGER AND SUBMITTED TO

PAYROLL AT LEAST ONE WEEK BEFORE THE PAYDATE REQUESTED
APPROVED BY: DATE:
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48 I

1:RATIONS
3165 Garfield Ave
Commerce, CA 90040
Facility Floor Plan
PCA offers excellent logistics for the dispatch and maintenance components of this transportation service. Industrial (L178 Acres 4 Offices, Maintenance Facility: capacity 5 vehicles at the time). Our City of Commerce facility is within easy access to Highway 5. This central location allows PCA to service all routes with minimal deadhead mileage and time. This facility also houses our administrative offices, dispatch center, training center, and permitted vehicle maintenance operations. dAve. Commwoo CA 90

Vehicle Operator Review: Conducted on every 45 days or every 3000 miles, This review serves as a review test for vehicle operators. Failure to pass this review will result in retraining.

Internal Schedules Review: Supervisor / Manager will review schedules and monitor call with dispatcher to ensure the efficiency of the program.

Daily Passengers: In house transportation analyst will review the daily passenger report from the driver to ensure accuracy for the fATD submission.

Unobserved Road Check: Conducted at any time during service hours to ensure that the vehicle operators are not maneuvering illegally or violating any laws. Failure to pass an unobserved road check will result in retraining and up to termination depending upon violation.

Unannounced Ride Along: Supervisors show up at any stop and ride along in the vehicle to ensure that the vehicle operator is not in violation of any law and is greeting the customers in a cordial manner as well as ensuring that the operators are in proper uniform and have a neat appearance. Failure to pass an unannounced ride along will result in retraining and up to termination depending upon violation.

Daily Bus Report (DBR): Supervisors will review the operator's daily vehicle report to ensure that the operators are checking the vehicles properly. Failure to properly conduct a DBR may result in disciplinary action.
• Unannounced Vehicle Inspection Checks: Road supervisors, trainers, or managers will observe the vehicle operators while they conduct their daily vehicle inspections to ensure that the vehicles are inspected thoroughly. Failure to pass this inspection check will result in retraining.

Unannounced Fare Audits: Supervisors routinely perform unannounced spot audits of fare collection procedures and reconcile collected fares versus reported passenger counts.

In addition to the above, PCA also internally tracks and measures the following benchmarks and statistics to further improve services on a continuous basis:
• Drives Productivity (Attendance, Timeliness, Etc.)
• Vehicle Maintenance
• Driver and Passenger Safety and Security (Accidents, on -board crime, etc.) • Reporting (Financial, Data Analytics, etc.)
Compliance with Local, State, and Federal Regulations
• *Complaint Recording and Reporting
• Training
*Upon notification of a concern regarding customer service, the employee in question is assigned to visit our I IR Department for a series of retraining modules and videos. 0 SECURITY PROGRAM

SECIMITY
Vehicles are stored in gated yard located at 3165 Garfield Ave, Commerce, CA 90040. Shuttle driver's must check-out vehicle keys (equipment) at the beginning of their shift with Fleet Manager and must check -in vehicle keys (equipment) with Fleet Manger when drivers return to yard. l Ai 1. f:l, LLE.t,.'flO
Opt on 1:

At the end of the routes, Drivers will deliver fare boxes to the Public Works yard located at 8327 Garfield Ave,, Bell Gardens, CA 90201. Once the fare box is received by the City of Bell Gardens dispatchers, the dispatchers will handle the fare revenue and the drivers will return to the yard to secure the vehicles at 3165 Garfield Ave., Commerce, CA 9040.

Option 2:

At the end of the routes, drivers will deliver the fare boxes to the PCA road supervisor at 3165 Garfield Ave, Commerce, CA 90040. Once the fare box is received by the road supervisor. The fare box is emptied into a tamper proof money bag. The road supervisor delivers the fare collection to PCA's corporate office where fares are counted by a dispatcher (PCA staff). and 2nd dispatcher will verify the funds. Fares are totaled by each service route manually. Any undeposited funds will be stored securely in the PCA corporate office. Counted revenue will then be deposited into a PCA account designed solely for the City,

EQUIPMENT T REPAIR/REPLACEMENT
PCA will replace any malfunctioning vehicle witl in 20 minutes from the time of notification. The replacement vehicle will be dispatched from our Fleet Maintenance facility, located at 3165 Garfield Ave,. in the City of Commerce. Once the vehicle is at PCA's assigned repair facility, a qualified service technician will follow the steps of inspection and will diagnose the vehicle repair.

PCA ensures we will always have spare vehicles available to cover the City of Bell Gardens Dial -A -Hide and Trolley program at no charge to the City,
MANAGEMENT INFORMATION SY Eel`'
PCA's entail system is based on Microsoft Azure cloud platform and Office 365. Trend Micro and high availability firewall and security gateway are used local access security. PCA is able to provide mails for local remote users no matter where they are, in the office or in the field. Additionally, the email system creates public folders and corporate calendars in which all users can have access to and share information and resources throughout the corporation. Combined with Microsoft Antivirus and Anti -Spare gateways, it provides a powerful communication tool and protection against all malicious attacks and spam. As an added feature to our ernails, PCA cloud -based software allows any email that is sent to our regular ernails to be simultaneously delivered to an individual's smart phone for faster responses. 619
51 I

Our financial enterprise system used to generate monthly statements is Microsoft Dynamics GP. Please refer to attachment for sample monthly report.

F(EPORI-ING
VEHICLE ICLE: BREoA KD ‘ilk
Every vehicle is equipped with 2 -way radio communication and drivers are trained to contact dispatch center immediately once a breakdown occurs. The following information is very imperative to be reported:

Vehicle plumber
• Address / Intersection of where vehicle is at the time of the breakdown • Detailed description of the problem if possible
• Dispatcher / Manager will dispatch mechanics immediately to the location • Dispatcher / Manager will dispatch spare vehicle immediately once they received the report from the driver,
Management also will dispatch a tow truck if necessary
To avoid the road safety risks associated with a breakdown, the following training is provided to the drivers for staying safe:
• Drivers will stop and park the vehicle in a safe place as far off the road as practical Avoid stopping around blind corners, just over crests, on bridges or where roads are very narrow • Use hazard lights to warn other road users
• In poor light, activate the parking and emergency lights Triangles must be placed on the road, front and back of vehicle • Drivers will not attempt to repair the vehicle
If it is safe to do so, drivers and passengers will leave the vehicle and move behind a safety barrier if available. It is safer for the driver and passengers to keep away from the road and well clear of the vehicle, while waiting for help to arrive. If it is not safe to leave the vehicle, driver and passengers will stay in the vehicle and buckle up the seatbelt. • Exit the vehicle if it's safer for the driver and passengers to exit via the passenger side • Close the vehicle's bonnet once help has been arranged. If other drivers see an open bonnet they may stop to render assistance which could further compromise everyone's safety Once the replacement vehicle arrives drivers will transfer passengers if is safe to do so and continue the route
PCA will assume the responsibility for collecting the fare according to the fare structure established by the City of Bell Gardens, PCA will be responsible for counting the fares daily, reconciling the receipts with ridership reports, safeguarding, and depositing all fare revenues into a dedicated account as directed by the City of Bell Gardens, Revenues will be documented and available to the City of Bell Gardens monthly.
620
52 l A fi

` L . I `L I i A COLD'
i.lr.lil �+i il7 ill l�tt& 1'il°r i
PCA maintains accurate records of daily, weekly, and monthly inventory volume or other cumulative data regarding transportation operations as required. Such records include:

Ridership reports
• Fare Revenue Collection
• Vehicle service hours (by vehicle revenue hours and total hours) • Vehicle revenue miles
Vehicle total miles
• Revenue (by route)
• Passenger travel time
• Daily bus reports
• Vehicle PM Inspections
• Accident and incident reports
Employee training and turnover
Complaints and compliments
• Problems and possible solutions
Monthly reports and all supporting documentation
Communications
• Personnel Evaluations
Generally, PCA retains this documentation for up to five years or as required by a contracting authority. Records and documents rnay be inspected anytime with reasonable notice.

DATA...ENTRY

1. The data entry clerk enters trip sheet inforrnation into an Excel Workbook which includes a "Daily Input" spreadsheet for City of Bell Gardens Public Transit Services. The following data is entered:
a Driver name
b. Vehicle number
c. Time & Odometer — Leave PCA yard
d. Time & Odometer— First departure time at First Stop
e. Time & Odometer— Last departure time at Last Stop
f. Time & Odometer — Ending PCA yard
g. Passenger riders
h. Passengers fares
i. Regular passengers
1 Senior passengers
k. Children passengers

1. Free/Ticket passengers
rn Disabled passengers
n. Wheelchairs
o. No Shows/Cancellations
53 I

The above data is totaled in the Excel workbook by day, which links to other spreadsheets in the same workbook, including the monthly and weekend ridership sumnnary reports.

The monthly operation summary calculates:

Total hours (Leave yard to return to yard minus fuel time) Total miles (Leave yard to return to yard minus fuel miles) Revenue hours (First pick-up to last drop minus fuel time) Revenue miles (First pick-up to last drop minus fuel miles) li; l \"I
In addition to the monthly reporting requirements, PCA shall collect, maintain and report transportation data to the City of Bell Gardens in accordance with the Federal Transit Administration's Uniform System of Accounts and Reporting System (hereinafter referred to as the National Transit Database ("NT©")).

Monthly NTD reports including but not Limited to DH Miles; RV Miles, RV Time DH Time Total Passengers per mode Etc.
fAi. VEFVfl )
PCA shall maintain an adequate arnount of schedule pamphlets as well as pertinent information flyers at our Corporate Office located in Commerce, CA. As needed, our Road Supervisors will re -stock each individual bus to ensure that adequate supplies are rnet.

PCA implements procedures to handle all incidents, accident or events that could possibly give rise to a claim for liability, thefts, vandalism, property damage, and customer complaints. Such procedure at a minimum will include:

1. Inspection of the vehicle on a regular basis, reporting any items of disrepair, inoperative and/or irregularities to the vehicles.

Immediately upon occurrence, report any accident, incident, or event that can result in a claim. PCA will provide a written report within 24 -hours to the City.

Keep and maintain a log of all oral and written complaints received directly from the public. Logs will contain the following information:
a. Date
b. Nature of complaint
c. Copy of written complaints
d. What and when action was taken or why no action was taken PCA will submit copies of complaints along with resolution within 10 days from receipt of the complaint to the City and forward copies of the logs on a monthly basis. 622
54 I

Have 24 hour; emergency contact numbers posted in the storage facilities (such as cell nurnbers and managers' home numbers).

Be able to resolve complaints relating to employee attitude, appearance, service, application of transportation policies, and other issues concerning the day-to-day operation of the transit services; PCA will forward any complaints outside the scope of service to the Cities' Project Manager within forty-eight (48) hours from receipt.

PCA trains its drivers to know what constitutes unsafe road conditions and to use good judgment at operating their vehicles when such conditions occur. Accordingly, they follow these procedures.

Drivers will notify the immediate supervisor as soon as possible if any adverse road conditions or other situations exist that potentially would interrupt scheduled service or provide a safety hazard.
• The Supervisor or designated representative will notify the appropriate contracting office representative or other designated authority or local Police Department. • Schedule service will resume as soon as conditions perm PINT ENCiEi l:bl ..l..tlrti:t "fir i .i $
Drivers are trained to address situations where vandalism, rude behavior, violence, etc, occur as part of PCA`s initial and on -going employee training; Drivers will first contact their Supervisor and apprise them of the incident. The Supervisor will direct the driver in the appropriate plan of action.

Above all, the safety of all of the passengers will dictate the irnrnediate solution to the problem.

If outside assistance is needed, the Supervisor will coordinate the required response. Incidents and disturbances involving passengers will be docurrrented and a copy of the report will be forwarded to the City of Bell Gardens.

PCA's drivers will immediately contact their Supervisor upon discovery of an illness, injury, or accident involving a passenger. Supervisors will contact the appropriate authority as deemed necessary. Upon arriving at the scene, the Supervisor will complete a full report of the incident and submit a copy to the City of Bell Gardens as soon as possible.

Inside all shuttles are incident/accident forms. Employees are instructed to fill out all required documents, properly and completely, if an accident occurs. 55 All drivers follow specified contract and PCA accident, contact procedures and immediately contact:
■ Local Security / Police Department
■ Emergency fire, ambulance, or Police units
■ Immediate supervisor
• Contracting Cities' designated representative
Or other appropriate agency
• PCA Corporate Office
All drivers are equipped with Ve izon Push -To -Talk radios. The devices function as two- way radios, and cellular telephones. All drivers remain on the same frequency with the ability to broadcast to the base station, to all vehicles, or to vehicles or persons individually on a private line.
624 56 1

*Please refer to attached sample Accident, Incident and Complaint Reports below. n orration About The Accident
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PREVENTABLE COLLISION ACCIDENTS AND ROAD CALLS
PCA's average miles between preventable collision accidents and road calls for the last 3 years are 500,000, with approximately 12 road calls. PCA's average accident occurrence is 1.5 for every 500,000 miles for the last 3 years.

SUBSTANCE ABUSE PROGRAM & EMPLOYEE COUNSELLING PROGRAM
Please refer to Substance Abuse & IIPP Attachment.

DRUG AND ALCOHOL TESTING PROGRAM
PCA is audited by LPM Consulting Inc due to PCA being an FTA sub -grantee under the Los Angeles County Metropolitan Transportation Authority (LACMTA) Pass -through Program. Our goal is to ensure that we are always in compliance with the federal drug and alcohol testing rules -- 49 CFR Part 40, as amended (Procedures for Transportation Workplace Drug and Alcohol Testing Programs) and 49 CFR Part 655, as amended (Prevention of Alcohol Misuse and Prohibited Drug Use in Transit Operations). All employees are required to undergo a pre- employment drug and alcohol test. Any new hire must have a verified negative test before performing any behind -the -wheel safety sensitive functions. The new hire is then to proceed to a two-hour substance abuse training session. Documentation of when safety sensitive functions begin will be documented and filed as well as the release of information form. All employees conducting safety -sensitive job functions are placed on the random drug testing pool which is completed quarterly.

PCA is concerned about the use of alcohol, illegal drugs, or controlled substances as it affects the workplace. Use of these substances, whether on or off the job can detract from an employee's work performance, efficiency, safety, and health, and therefore seriously impair the employee's value to the Company. In addition, the use or possession of these substances on the job constitutes a potential danger to the welfare and safety of other employees and exposes the Company to the risks of property loss or damage, or injury to other persons. Furthermore, the use of prescription drugs and/or over-the-counter drugs also may affect an employee's job performance and may seriously impair the employee's value to the Company.

The following rules and standards of conduct apply to all employees either on Company property or during the workday (including meals and rest periods). Behavior that violates Company policy includes:

Possession or use of an illegal or controlled substance, or being under the influence of an illegal or controlled substance while on the job
Driving a Company vehicle while under the influence of alcohol Distribution, sale, or purchase of an illegal or controlled substance while on the job Violation of these rules and standards of conduct will not he tolerated. PCA also may bring the matter to the attention of appropriate law enforcement authorities. In order to enforce this policy, PCA reserves the right to conduct searches of Company property or employees and/or their personal property, and to implement other measures necessary to deter and detect abuse of this policy.

An employee's conviction on a charge of illegal sale or possession of any controlled substance while off 629
61 Connpanyproperty will not be tolerated because such conduct, even though off duty, reflects adversely on PCA, in addition, the Company must keep people who sell or possess controlled substances off Company premises in order to keep the controlled substances themselves off the premises. Any employee who is using prescription or over-the-counter- drugs that may impair the employee's ability to safely perform the job, or affect the safety or well-being of others, must notify a supervisor of such use immediately before starting or resumingwork.

PCA will encourage and reasonably accommodate employees with alcohol or drug dependencies to seek treatment and/or rehabilitation. Employees desiring such assistance should request a treatment or rehabilitation leave. The Company is not obligated, however, to continue to employ any person whose performance of essential job duties is impaired because of drug or alcohol use, nor is the Company obligated to re-employ any person who has participated in treatment and/or rehabilitation if that person's job performance remains unpaired as a result of dependency. Additionally, employees who are given the opportunity to seek treatment and/or rehabilitation, but fail to successfully overcome their dependency or problem, will not automatically be given a second opportunity to seek treatment and/or rehabilitation.

This policy on treatment and rehabilitation is not intended to affect the Company's treatment of employees who violate the regulations described previously. Rather, rehabilitation is an option for an employee who acknowledges a chemical dependency and voluntarily seeks treatment to end that dependency.

CLES
PCA will provide vehicles, per the RFP's requirements and specifications, with a delivery of time 30 to 60 days from receipt of purchase order,. Temporarily service vehicles provided will consist of 3 Dal -A -Ride shuttles (2010 Ford F-450, 21 seats with AAA access) and 2/3 Trolleys. rviANTENANCE
hdAtNTEtslAiNicti
PCA believes that proper and timely maintenance of vehicles provides safe and cost-effective results. PCA maintains a fleet vehicle program that tracks vehicle maintenance intervals by both time and mileage.

PCA's Fleet Manager is responsible for updating the program daily to ensure that all vehicles are serviced on time. All services include inspection, lubrication, and replacement of parts based on vehicle manufactures recommended intervals and professionally accepted industry practices. State mandated safety inspections will be performed on time and vehicles that are found to have. any deficiencies will have the necessary corrections made before the vehicle is returned to service.

Our maintenance program consistently receives 100✓ satisfactory grades from the California Highway Patrol on our annual inspections; this is a very evident factor in our on time and break down performance record. PCA has, in its history, always had a very low vehicle breakdown record and having our own team of professional mechanics is the main reason for our success. 630
62 I r fi

I I II T1', IF/
Preventive Maintenance -A service will be performed every 200 hours based on hour -meter reading or three (3) months, which includes;.
1 Safety Checklist

2. Tires -recording a tread depth of all tires, maintaining a niinirr depth, 5/32" for emergency and essential

3. Lights -exterior and interior lights and gauges

4. Windshield wipers

5. Fluid levels
6, Battery and charging system; clean terminals and check cables

7. Heating/air conditioning system

8. Exhaust system and exhaust hangers and clamps

9. Steering and suspension

10. Frame, cross members, and body joints

11. Driver shaft and -joints
2 tread
Preventive Maintenance -B will be performed on every ten (1O) week. This PM activity will include items 1-3 in PM -A identified above and the following:

12. Inspect critical components (hoses, belts, etc.), replace worn or damaged components.

13. Inspect vehicle appearance (look for body damage, rust, interior condition, etc.)

14. Engine oil and oil filter change

15. Lubricate chassis, hinges, locks, etc.

16. Check and service emission control

17. Brake inspection- record remaining life (replace worn, damaged, or leaking components)

18. Service cooling system needed
19, Starter/charging system- check and repair or replace defiant components 20, Inspect air cleaner element and replace as needed

21. Inspect wheelchair lift; perform maintenance / repairs as needed Preventive Maintenance -C will be performed on every fourth PM interval. This PM activity will include items 1-16 in PM -A identified above and the following:

11. Rotate and balance tires
12, Service front wheel bearings

13. Scope engine
14, Service automatic transmission, including adjustment, fluid change, and filter 15, Engine tune-up and emissions
When a vehicle enters a Fleet Service facility, a mechanic inspects its condition carefully to identify all mechanical deficiencies and safety needs. If the condition of a vehicle or equipment item exceeds normal wear and tear unexpectedly or may have been abused by the user, the assigned Technician 631

reports this in writing to the appropriate authority. Fleet Technicians and Working Lead Men remain alert to equipment or parts requiring excessive maintenance, repair, or indications of improper use by the user. Reports and statistical data from inspection reviews reveal this, as well as any premature failure of parts. Technicians or Working Lead Men report these conditions in writing rnmediate ly.
t.:i.l°;t`4iil&".3rr
Dally cleaning Limited interior sweeping, vacuuming, mopping (with a "wet" or "moist'? mop), dusting, and removal of marks on panels, windows, and upholstery (including foreign matter such as gum, grease, dirt, and graffiti).

Weekly cleaning: Interior washing of seats, floor, ceilings, walls, stanchions, grab rails, and interior glass of the destination sign.

Monthly cleaning: All rubber or vinyl exterior components such as tires, bumper fascia, fender skirts, wheels, aluminum wheels, windows, panels, and door edge guards (with preservative) or as necessary to maintain an attractive appearance.

PGA is proud of our existing vehicle appearance program that promotes cleanliness both inside and outside the vehicle. All drivers are trained to maintain the vehicle they drive in an outstanding condition. Although the most important priority is mechanically safe vehicles, the cleanliness of vehicles receives an equal amount of attention by drivers and maintenance personnel. 632 64

R 1 ! ° `MEET
• Staffing Plan
• Statement of Principals
• Proof of Liability Insurance
• Sample Invoice and Monthly Report
• Dial -A -Ride and Fixed Route Brochures
• Income Statements & Balance Sheet — los .d in Separate C ident velc g • Addendum Acknowledgement Form
Project Manager's Resume
Maintenance Technician Resume
Substance Abuse Policy & IIPP
633 65 I

STAFFING FORM

JOB CLASSIFICATIONS
NUMBER
OF

POSITIONS

AVERAGE
WEEKLY

WAGE SCALE
WEEKLY

AVERAGE
HOURLY
WAGE
MANAGEMENT:

Operations Manager/
Site Supervisor
1 12
$22.00 - $30.00
$ 26.00
Mario Cadenas
Maintenance /
Supervisor
Lorena De Leon
1 40
$18.00 - $23.00
$ 20.50
DRIVERS :

Maria Muniz
1 25

14.50 $ 14.65
Martha Moncada
1 20

14.50 $ 14.65
Silvia Estrada
1 25

14.50 $ 14.65
Leobardo Rubio
1 40

15.00 $ 14.65
Armando Carrera
1 40

14.50 $ 14.65
Marconi
1 40

14.50 $ 14.65
Eva Garcia
1 48

15.00 $ 14.65
Ramiro Zalazar
1 40

14.50 $ 14.65
Jesus Casas
1 40

14.50 $ 14.65
Lorenzo Duenaz
1 40

15.00 $ 14.65
MAINTENANCE:

Technicians
Lulien Del Angel
1 25
$25.00 -$30.00
$ 27.00
OTHER
Road Supervior
Soledad Alvarez
1 48
$16.00 - $20.00
$ 18.00
Safety Manager/NTD
Hugo Alvarado
1 20
$17.00 - $20.00
$ 18.50
Exhibit 2
634

STATEMENT OF PRINCIPALS
The names of all persons interested in the foregoing proposal as principals are as follow:
(Stockholders and limited partners need not be listed unless they are officers or employees of the corporation or limited partnership. All general partners and corporate officers shall be listed. If a stockholder or partner is a firm, list the principals of that firm, as stated herein. If proposer or other interested person is a corporation, it must furnish a certificate attesting to corporate existence and authority of officers to sign contracts and other documents. State legal name of corporation, names of the president, secretary, treasurer, and manager thereof.)
NAME
Eric Chaves
Alex Martin Chaves
Renee Valdes

BUSINESS

ADDRESS
523 W 6th Street, Suite 528, Los Angeles, CA 90014
523 W 6th Street, Suite 528, Los Angeles, CA 90014
523 W 6th Street, Suite 528, Los Angeles, CA 90014

INTEREST
33%
33%
33%
Exhibit 2
635

-
A`� of CERTIFICATE OF LIABILITY INSURANCE

DATE (MM/DD/YYYY)
7/30/2018
THIS CERTIFICATE IS ISSUED AS A MATTER OF INFORMATION ONLY AND CONFERS NO RIGHTS UPON THE CERTIFICATE HOLDER. THIS

CERTIFICATE DOES NOT AFFIRMATIVELY OR NEGATIVELY AMEND, EXTEND OR ALTER THE COVERAGE AFFORDED BY THE POLICIES BELOW. THIS CERTIFICATE OF INSURANCE DOES NOT CONSTITUTE A CONTRACT BETWEEN THE ISSUING INSURER(S), AUTHORIZED REPRESENTATIVE OR PRODUCER, AND THE CERTIFICATE HOLDER.

IMPORTANT: If the certificate holder is an ADDITIONAL INSURED, the policy(ies) must have ADDITIONAL INSURED provisions or be endorsed.

If SUBROGATION IS WAIVED, subject to the terms and conditions of the policy, certain policies may require an endorsement. A statement on this certificate does not confer rights to the certificate holder in lieu of such endorsement(s).

PRODUCER
Arthur J. Gallagher & Co.

Insurance Brokers of CA, Inc. LIC #O726293
1255 Battery Street, Suite 450
San Francisco CA 94111
CONTACT CertRequests AJG.com

PHONE FAX
rrue. No. Exo: 415-536-8617 (Arc, No): 415-536.8627
ADDRESS:

INSURER(S) AFFORDING COVERAGE
NAIC#
INSURERA: Liberty Mutual Fire Insurance Company
23035

INSURED
PCAM LLC dba: Parking Company of America
3165 Garfield Avenue
Los Angeles, CA 90040
INSURER a : Scottsdale Insurance Company
41297
INSURER C: Travelers Property Casualty Co of America
25674
INSURER D : Everest National Insurance Company
10120
INSURER E :

INSURER F :

COVERAGES
CERTIFICATE NUMBER: 1541382524
REVISION NUMBER:

THIS IS TO CERTIFY THAT THE POLICIES OF INSURANCE LISTED BELOW HAVE BEEN ISSUED TO THE INSURED NAMED ABOVE FOR THE POLICY PERIOD INDICATED. NOTWITHSTANDING ANY REQUIREMENT, TERM OR CONDITION OF ANY CONTRACT OR OTHER DOCUMENT WITH RESPECT TO WHICH THIS

CERTIFICATE MAY BE ISSUED OR MAY PERTAIN, THE INSURANCE AFFORDED BY THE POLICIES DESCRIBED HEREIN IS SUBJECT TO ALL THE TERMS, EXCLUSIONS AND CONDITIONS OF SUCH POLICIES. LIMITS SHOWN MAY HAVE BEEN REDUCED BY PAID CLAIMS.

INSR
LTR
TYPE or fNSURANCE
ADDL
INSD
SUER
WVo

POLICY NUMBER

POLICY EFF
(MM/DDYYY)
IY

POLICY EXP
(MM/DDIYYYYk
LIMITS
A
X

COMMERCIAL GENERAL LIABILITY
Y
TB2.S61.066505-028
7/31/2018
7/31/2019

EACH OCCURRENCE
$1,000,000

DAMAGE TO
PREMISES (Ea occu RENTED
$ 1,000.000
CLA₹MS-MADE
X
OCCUR
MED EXP (Any one An { person)
$ 5.000
X
$25,000 DELI

PERSONAL S ADV INJURY
5 1.000.000
GENt

AGGREGATE
X

LIMIT APPLIES
TM
X
PER:

LOC

GENERAL AGGREGATE
82,000.000

PRODUCTS - COMP/OP AGG
$2,000,000
$
A

AUTOMOBILE
X
X
X

LIABILITY

ANY AUTO
OWNED
x
X

SCHEDULED
AS2-661-088605-018
7/31/2018
7/31/2019

COMBINED SINGLE LIMIT
._,_(Ea accident)
$ 1,000,000
BODILY INJURY (Per person)
$
BODILY INJURY (Per accident)
S

PROPERTY DAMAGE
(Per accident)
S
Comp/Coll Ded.
$ 10,000
B
X

UMBRELLA LIAB

EXCESS LIAB
X
OCCUR

CLAIMS -MADE
XLSO107899
7/31/2018
7/31!2019

EACH OCCURRENCE
$5,000,000

AGGREGATE
$ 5,000,000
$
DED
RETENTION$
C

WORKERS COMPENSATION
AND EMPLOYERS' LIABILITY Y 7 N

ANYPROPRIETOR/PARTNER/EXECUTIVE
OFFICER/MEMBER EXCLUDED?
(Mandatory In NH)
If yes, describe under
DESCRIPTION OF OPERATIONS below
N!A
TC2JUB-6A048548-I8
4/24/2018
4/24/2019
X

STATUTE
ERH
5250,000 DED
E.L. EACH ACCIDENT
$1,000,000
E.L. DISEASE - EA EMPLOYEE
$ 1,000,000
E.L. DISEASE - POLICY LIMIT
$ 1,000,000
A
D
Garage Keepers Legal Liab
Excess Liability
AS2-661-066605-018
XC1EX00144-181
7/31/2018
7/31/2018
7/31!2049
7/31/2019
Unlit/ Ded:

EachOcclAgg
$1,000,000/510,000
$10,000,000
DESCRIPTION OF OPERATIONS / LOCATIONS! VEHICLES (ACORD 101, Additional Remarks Schedule, may be attached If more space €s required)

CERTIFICATE HOLDER

CANCELLATION
City of Bell Gardens
7100 South Garfield Ave
Bell Gardens CA 90201
USA

SHOULD ANY OF THE ABOVE DESCRIBED POLICIES BE CANCELLED BEFORE

THE EXPIRATION DATE THEREOF, NOTICE WILL BE DELIVERED IN ACCORDANCE WITH THE POLICY PROVISIONS.

AUTHORIZED REPRESENTATIVE
ACORD 25 (2916/03)
Exhibit 2
© 1986-2015 ACORD CORPORATION. All rights reserved.

The ACORD name and logo are registered marks of ACORD
636

Bill To:

Quant►ty

2. iption
DIAL A RIDE - 1"o►a► Service Hours for July 2018
Please Remit Payment To:

PCAM, LLC
E 1ipl Garfield Avenue
Los Angeles CA 90040
Customer ID: 4148
Billing Period: July 2018
Customer PO#:

Location:

Rate
Subtotal
Misc
Tax
Total
637

City of Dell Gardens DIAL RIDE 4148
��.tIPJ
Guys
unday, July _
outlay, July , 2018 24.50
Tuesday, July , 2018 26 50
eclnesday, July 4 201
Thursday, July 5, 2011
Friday, July 6, 2018
Saturday, July 7, 2018
Sunday, July 8, 2018'
onday, July 0, 2018

26.50 Tuesday, July 10, 2018 26.50
Wednesday, July'11, 2018 26.50
Thursday, July 12, 2018 2630
Friday, July 1, 2018 26.50
Saturday, July 14, 2018
Stinclay, July 1.5, 2018
onday, July 16, 2018 26,50
Tuesday, July 17, 2018 26.50
clnesclay, Jidly 18, 201
Friday, July 20, 2018
aturday, July 21, 201.8 _
Sunday, July 22, 2018 _
IItanday, July 28, 201
Tuesday, July 24, 201.8
50 26.25
26,50
Wednesday, July 25, 201.8 26,50
Thursday, July 26, 2018
Friday, July 27, 2018
:urday, July 28 2(118
unclay,,
iday, Jl.tly 30,
Total:

26.25 25.51
2 uesday, July 1, 2018 26,00
Monday - Friday
n ay-5atui clr y
21 of July 2018
552,50
Exhibit 2 638

Bell Gardens
Fixed Route
The City of Bell Gardens prides
itself in providing transportation
within the City. The City's fixed route
has service pick up points
conveniently located within
approximately a two block area. The
busses will service all stops in 20
minute intervals throughout the City_ fl
Service begins at 6:30 a.m. at Bell
Gardens Park and the last route departs
ell Gardens Park at 4:40 p.m_ All Service
is concluded at 5:30 p.m. Monday
through Saturday. No service on Sundays
or Holidays. Should you have any
questions regarding the service please
contact the Department of
Transportation at 562-806-7777.

FEE: $ 0.50
$.25 for persons 55 years and over
and for disabled persons
o-0.25 under 18 years
epMires
•s • :+
ry„=
'-
>
BUS
NUMBER

GARDENS MARKT

PARK PLACE
FORD
PARK
CITY
HALL
1 6:30 AM
6:.45 .
:: 7::00:
- 7:20 µ
2 6:50
7:05
7:20
7:40
'3
:'7 10
Z25...

7.40'`
-8=00.
7:30
7:45
8:00
8:20
--2
.' 7:50. :_
8 05
8:20
8:40
3 8:10
8:25
8:40
9:00
;1.:
8:30 ..
8:45 - ::: :
: :.-.:g'.00.....,

2 8:50
9:05
9:20
9:40
3%,:'
:-",..9:10,:.;"
.:9:25' ..:-.F.:7:7,9.:40:-.
:,10:00'
1 9:30
9:45
10:00
10:20
, :2.:.- :::T...9:50...,.,-.:10:05...;:::10:20:.
,,.1.0:40::
3 10:10
10:25
10:40
11:00
.1
:10:30:::-

1.0:45 . _
-:11.:00
1:1:20
2 10:50
11:05
11:20
11:40
,
_.,.3:
:;:11.:10::_
11:25
,1;1:40 -
- ?12:00..
1 No Service Lunch 11:30-12:00
2 : NoService-Lunch _. 11:50 12:20;:
3 No Service -Lunch 12:10-12:40
1 .:..i200 ..12:1.5
:12:50
2 12:20
12:35
12:50
1:10
3 -12:40 _. :
;12:55.:. .......1.:10
.:.:.,.1:30
..
:_:
1 1:00
1:15
1:30
1:50
2 .::1.:20 . . .
... .1:35
..:1:50..:
..-:2:10..
3 1:40
1:55
2:10
2:30
1 .2:00
2:15 .
2:30
.:2:50
2 2:20
2:35
2:50
3:10
3 .:2:40
2:55
3:10
3:30
1 3:00
3:15
3:30
3:50
2 3:20
3:35
3:50
4:1.0
3 3:40
3:55
4:10
4:30
1 4:00
4:15
4:30
4:50 Eva
2 4:20
4:35
4:50
5:10 END
3 4:40
4:55
5:10
5:30 END
Deart#ne
�7 Sou#h Carfielcl A�rei
Ent -t, i A�'�i}✓ '�t > S.g
el} Gardens [CA 4020
www !ae'llgor' eins org
Exhibit 2
639

ADDENDUM ACKNOWLEDGEMENT FORM
Proposer PCAM, LLC dba Parkinc Company of America (PCA) The above Proposer acknowledges receipt of the following addenda:

Addendum Number Date
Addendum # 1 7/18/18
Addendum # 2 8/13/18
Addendum # 3 8/13/18
R F I # 1 8/9/18
RFI # 2 8/13/18
RF I # 3 9/12/18
Joseph "Pep" Valdes
Name
Executive Vice President 9/17/18
Title Date
Exhibit 2 640

To: Prospective Bidders
From: Chau Vu, Director of Public Works
Date: 07/18/2018
Subject: Addendum # 1 for Request for Proposals for Public Transit Services A. REVISED LOCATION/ADDRESS
The following revision is issued for the RFP:

Location & Address Change.....„.......,. „City Clerk's Office, 7100 Garfield Avenue, Boll Gardens, CA 90201
Please submit your proposals to the City Clerk's Office, 7100 Garfield Avenue, Bell Gardens, CA 90201 (:00pm on August 16th). This change pertains to the cover page of the RFP where locationladdress of RFP submission is indicated, pg.2 of the RFP. RFP is to be delivered to the attention of the City Clerk's Office not Chau "/u.

I ACKNOVVLEDGE RECEIPT OF THIS ADDENDUM # I AND 1 ADEPT THE AFOREMENT ONED CONDITICAIS.
[SATE:

COMPANY:

SI NATURE:® _
TITLE:

Exhibit 2 641

To: Prospective Bidders
From: Chau Vu, Director of Public Works
Date: 08/13/2018
Subject: Addendum # 2 for Request for Proposals for Public Transit Services A. REVISED DUE TE
The following revision is issued for the RFP::

Due Date: New Due [date of September le, 2016
Please submit your proposals to the City Clerk's Office, 7100 Garfield Avenue; Bell Gardens, CA 9~:261 (5:66pn on September °i6""). This change pertains to the cover page of the RFP and pg. 2 where the due date is indicated.

I ACKNOWLEDGE L EC IPT OFT IS ADDENDUIVI # 1 ANDl ACCEPT THE AFOREMENTIONED CONDITIONS.

DATE.

COMPANY:

SIGNATURE:

TITLE:
xe
Exhibit 2 642

To: Prospective Bidders
From: Chau Vu, Director of Public Works
Date: 08/13/2018
Subject: Addendum # 3 for Request for Proposals for Public Transit Services A. REVISED DUE ATE
The following revision is issued for the REP:

Extended Due Date: New Due Date of September 171k, 2018 Please submit your proposals to the City Clerk's Office, 71110 Garfield Avenue, Bell Gardens, CA 9(0201 (5:00pm on September 17'h). This change pertains to the cover page of the RFT and pg, 2 where the due date is indicated.

ACKNOWLEDGE E EI T OF THIS ADDENDUIVI tt 1 AND I ACCEPT AFOREMENTIONED CONDITIONS.

COMPANY:

SIGNATURE:

TITLE JXC
Exhibit 2
643

Mario Cadenas
Project Manager
Mr. Mario Cadenas has been employed with PCAM, LLC for more than 24 years, where he currently holds the position of Transportation Manager. In 1997, Mr. Cadenas was transferred to the Transportation Management Division as a Driver, bringing with him more than 12 years of experience in the parking industry. In 1998, he acquired his credentials as a DMV Certified Trainer for Class "B" Licensed drivers instructor and was shortly promoted to Transportation Supervisor. His responsibilities consisted of reviewing driver vehicle operations, training drivers, overseeing that drivers conducting their vehicle inspections, conducting unobserved road checks, and conducted random inspections for safety and regulations. Mr. Cadenas, was promoted to Project Manager in early 2002, becoming the direct liaison between PCAM and the County.

As the Transportation Manager for the Greater Los Angeles area, Mr. Cadenas is responsible for the day to day operations of our Transportation Management Service Division overseeing over 110 employees and management of 18 contracts, training, and also continues being a liaison between contracting authorities and PCAM. He continues to gain transportation and management knowledge and experience in managing all types of transportation contracts with methods of maximizing good customer service and revenues. Under the guidance of the Vice President of Operations/ Chief Operating Officer, Mr. Cadenas oversees the daily operations for all county, city and private contracts. Current transportation service contracts include- Harbor UCLA Medical Center, Montebello link, City of Bell Gardens, City of Cudahy, City Maywood, Union Bank of California, Space X, City of San Fernando, Telacu Management, City of El Monte, Etc.

Job Duties and Responsibilities
• Submit NTD reports for the contracts
• Perform monthly safety meetings
• Perform disciplinary actions, including termination if applicable • Teach all drivers the TELE TRACK SYSTEM
• Teach new and existing drivers the routes
• Responsible to resolve any comments, suggestions, concerns or any type of complaint for more than 20,000 customers per month
■ Review customer applications and submit to the drivers for transportation accommodation.
• Submit a monthly sales reports from the mechanic shops • Maintain and submit the necessary paper work for invoice payment for all transportation expenses
• Code and submit all outside vendor invoices
• Prepare and submit monthly reports and invoice to each contract Rep • Prepare and submit fuel invoices to all departments
• Complete working knowledge of all areas of a contract • Interview and hire all new employees
• Reward, discipline, and terminate employees when applicable • Generate and post employee work schedules
Exhibit 2 644

• Submit all other required reports upon request
• Respond to inquiries and requests from the Contract Administrator or Representative
• Respond to comments, compliments, and complaints within 24 hours • Input all daily reports
• Fill out accident reports and submit to corporate office • Train all new drivers completely
• Enforce Rules and Regulations
• Enroll new drivers in Employer Pull Notice Program. Delete all terminated employees from PNP.
• Verify all drivers have a current license and Medical Examiners Card • Evaluate all H-6 documents from drivers
• Complete knowledge of all route and route information • Responsible for all especial shuttle requests
• Provide lunch relief to drivers and dispatchers, if necessary • Ensure all buses leave yard at scheduled time
• Ensure all buses have been properly inspected before departure • Substitute a spare bus when necessary
• Evaluate all daily bus reports and submit to the mechanic • Perform and maintain unobserved road inspections
• Perform vehicle Operation Review
• Ensure all drivers arrive to office on time
• Over view payroll
• Responsible to perform the 45 days CHP inspections
• Responsible for the PM vehicle service
• Ensure all drivers wear complete uniform
• Create route sheets
• Dispatch drivers with maps to special shuttles services • Responsible to submit Garfield Maintenance fleet report to corporate • Respond to any call(s) during the weekend
• Available 24 Hours a day
Exhibit 2
645

Luliel del Angel
Fleet Maintenance Manager
As Fleet Maintenance Manager he demonstrated ability go coordinate varied responsibilities with maximum efficiency. He excelled in labor relations and all aspects of Government regulations. He is an experienced manger skilled controlling budgets, creating cost effective maintenance program, negotiate vehicle parts purchasing and achieve dramatic cost reduction. Mr. Luliel is certified in the follow:

Air Brake System
CNG Cylinder Inspector
-' A/C Certification
• Smog License
• Diesel and Alternative fuel certification
Mr. Luliel has been with PCAM, LLC since July of 2006 he currently works in our Garfield facility conducting Preventative Maintenance A and B schedules for the Cities; Respond to emergency calls; Perform skilled work in the maintenance and repair of Buses, and other associated equipment in the Transportation Maintenance Division, Overhaul, repair and adjust engines, transmissions, clutches, differentials, carburetors, generators, distributors and fuel pumps; Make service calls off site; Diagnose trouble and determine the extent o€ necessary repairs, using computerized diagnostic equipment; Operate hand and power tools; clean and maintain basic tools and mechanical equipment; Requisition materials, tools and equipment; Estimate the need for, extent of and cost of repairs; Conduct annual service tests of engines, pumps, generators and related equipment; Prepare written reports; maintain daily records of work activities; Supervise staff; Tune up, oil change, Automatic Transmission Service, Manual Transmission and Maintenance service and repair of: Front and rear end, C.V. axles, alternators, starters, power steering pumps, rack and pinion, intake and exhaust gaskets, Engine head and valve, valve adjustment, complete engine removal and installation, shocks and struts, drive shaft, U joints, pinion seal, brakes, brake caliper, master cylinder, rotors and drums, radiator and coolant system flush, fuel injection service, sensors, trouble shooting.

Mr. Luliel is responsible to maintain over 60 Buses diesel and alternative fuel for PCAM, LLC and also responsible to maintain the 45 Days CHP inspections and PM services.

Exhibit 2 646

PCAM, LLC SUBSTANCE

ABUSE POLICY

1.0 POLICY STATEMENT
PCAM, LLC (hereinafter referred to as "the Company") Transportation Division in operating Transit Services is dedicated to providing safe, dependable and efficient transportation services to our customers. We recognize that our safety -sensitive employees' use of illegal drugs and misuse of alcohol poses a significant risk to public safety, as well as the employee's health and wellbeing.

PCAM, LLC maintains a zero -tolerance policy regarding use of drugs and alcohol in the workplace.
• Safety Sensitive employees will be subject to ALL sections outlined in this policy. • Non safety sensitive employees will be subject to the post -accident and reasonable suspicion testing outlined in this policy.

In view of this, the Company has adopted this Policy ("Policy" herein) for its Transportation Division that is designed to:

1. Create a work environment free from the adverse effects of drug abuse, alcohol misuse, and use of impairing prescription or over-the-counter drugs;

2. Deter and detect employees' use of illegal drugs and misuse of alcohol;

3. Prohibit the unlawful manufacture, distribution, dispensing, possession, or use of controlled substances;

4. Encourage employees to seek professional assistance anytime personal problems, including drug or alcohol dependency, adversely affect their ability to safely perform their assigned duties; and

5. Discipline employees who violate the Policy, up to and including termination.

2.0 PURPOSE
The purpose of this Policy is to assure worker fitness for duty and to protect our employees, passengers, and the public from the safety and health risks posed by the misuse of alcohol and use of prohibited drugs. This Policy is intended to comply with all applicable State and Federal regulations governing workplace anti -drug use and alcohol misuse programs in the transportation industry. They include the regulations promulgated by the U.S. Department of Transportation ("DOT") and the Federal Transit Administration ("FTA"), and include the following: DOT 49 CFR Part 40, as amended ("Procedures for Transportation Workplace Drug and Alcohol Testing Programs") (hereinafter referred to as "Part 40"); FTA 49 CFR Part 655 ("Prevention of Alcohol Misuse and Prohibited Drug Use in Transit Operations") (hereinafter referred to as "Part 655"); DOT 49 CFR Part 29 ("Drug -Free Workplace Act of 1988"); and California Government Code Sections 8350 et seq. ("Drug -Free Workplace Act of 1990"). This Policy incorporates the requirements of above regulations for safety -sensitive employees.

NOTE: Additional requirements and/or disciplinary actions established under the Company authority are entered in bold-faced type. Requirements of the Drug -Free Workplace Act (DFWA) are in Italics. Federal requirements outlined in 49 CFR Exhibit 2 647

Part 40 and Part 655 is printed in regular text

3.0 APPLICABILITY
This Policy applies to all employees of the Company defined as "safety -sensitive" under the FTA regulations (Part 655); see also Section 8.0 herein. It applies to off -site lunch periods or breaks when an employee is scheduled to return to work or is on -call. Visitors, invitees, and vendors also are prohibited from entering the premises and from conducting any work on behalf of the Company when illegal substances are present in their system, or the odor of alcohol is present on their breath.

4.0 PRE-EMPTION OF STATE AND LOCAL LAWS
If any conflict occurs between State and local laws and any requirement of the above- mentioned Federal regulations, the Federal regulations shall prevail. However, Federal regulations do not pre-empt provisions of State criminal laws that impose sanctions for reckless conduct attributed to prohibited drug use or alcohol misuse, whether the provisions apply specifically to transportation employees, employers, or the public in general.

5.0 DEFINITIONS
Adulterated Specimen: A specimen that has been altered, as evidenced by test results showing either a substance that is not a normal constituent for that type of specimen or showing an abnormal concentration of an endogenous substance.

Alcohol Use: The drinking or swallowing of any beverage, liquid mixture or preparation (including any medication) containing alcohol. For purposes of this Policy, alcohol is alcohol regardless of source.

BAC: Breath Alcohol Concentration, expressed in terms of grams of alcohol per 210 liters of breath.

Breath Alcohol Technician (BAT): An individual who instructs and assists employees in the alcohol testing process and operates an Evidential Breath Testing (EBT) device.

Canceled Test: A drug or alcohol test that has a problem identified that cannot be or has not been corrected, or which Part 40 requires to be canceled. A canceled test is neither a positive nor a negative test.

Collector: A person who instructs and assists individuals at a collection site, who receives and makes an initial inspection of the specimen provided by the individual, and who initiates and completes the Custody and Control Form (CCF).

Controlled Substances: Any drug classified by the U.S. Drug Enforcement Agency (DEA) into the five schedules or classes on the basis of their potential for abuse, accepted medical use, and accepted safety for use under medical supervision.

Designated Employer Representative (DER): An employee or employees authorized by the City to take immediate action(s) to remove employees from safety -sensitive duties, or cause employees to be removed from these covered duties, following a positive test, test refusal, or other policy violations.

Exhibit 2 648

DHHS: Department of Health and Human Services
Dilute Specimen: A urine specimen with creatinine and specific gravity values that are lower than expected for human urine.

Disabling Damage: Damage which precludes departure of a motor vehicle from the scene of the accident in its usual manner in daylight after simple repairs, including damage to motor vehicles that could have been driven, but would have been further damaged if so driven. "Disabling damage" does not include:
• Damage which can be remedied temporarily at the scene of the accident without special tools or parts.
• Tire disablement without other damage even if no spare tire is available. - Headlamp or taillight damage.
• Damage to turn signals, horn, or windshield wipers which makes them inoperative.

DOT: Department of Transportation.

Drug Abuse: Use of any illegal drug or controlled substance without a valid prescription, misuse of legally prescribed drugs, or use of illegally obtained prescription drugs. This includes use of prescription drugs legally prescribed to another individual.

Evidential Breath Testing (EBT) Device: A device approved by the National Highway Traffic Safety Administration (NHTSA) for the evidential testing of breath under DOT Part 40 and placed on the NHTSA's Conforming Products List.

FTA: Federal Transit Administration.

Invalid Drug Test: The result reported by an HHS-certified laboratory in accordance with the criteria established by HHS Mandatory Guidelines when a positive, negative, adulterated, or substituted result cannot be established for a specific drug or specimen validity test.

Public transportation Vehicles: Vehicles used for mass transportation or ancillary services.

Medical Review Officer (MRO): A licensed physician (medical doctor or doctor of osteopathy) responsible for receiving laboratory drug test results, who has knowledge of substance abuse disorders, and has the appropriate medical training to interpret and evaluate an individual's confirmed drug and/or validity test results together with the individual's medical history and any other relevant biomedical information. This individual must meet the qualification requirements under Sec. 40.121 of Part 40.

Non -Negative Specimen: A urine specimen that is reported as adulterated, substituted, positive for drug(s) or drug metabolite(s), and/or invalid.

Positive Alcohol Test: The presence of alcohol in the body at a concentration of 0.04 BAC or greater as measured by an EBT device.

Positive Drug Test: The result reported by and HHS-certified laboratory when a specimen contains a drug or drug metabolite equal to or greater than the cutoff concentrations.

Exhibit 2 649

Refusal to Test: Includes circumstances or behaviors such as:
• Failure to appear for any test (except a pre -employment test) at the collection site in the time allotted.
• Failure to remain at the testing site until the testing process is completed, except in pre- employment situations where leaving the site before the testing process begins is not deemed to be a test refusal.
• Failure to provide a urine, breath, or saliva specimen as required by DOT Part 40. • Failure to permit the observation or monitoring of specimen collection when it is required.

Failure to provide a sufficient amount of urine or breath specimen without a valid medical explanation.
• Failure or refusal to take a second test when required. • Failure to undergo a medical evaluation when required. In the case of a pre -employment test, the individual is deemed to have refused to test only if the pre -employment test is conducted following a contingent offer of employment.
• Failure to cooperate with the testing process. (Examples: refusal to empty pockets when requested, behaving in a confrontational manner that disrupts the collection process, or failure to wash hands after being directed to do so by the collector) • For an observed collection, failure to follow the observer's instructions to raise clothing above the waist, lower clothing and underpants, and to turn around to permit the observer to determine if individual is wearing any type of device that could be used to interfere with the collection process.
• Possession or wearing of a prosthetic or other device that could be used to interfere with the collection process.
• Admitting adulteration or substitution of the specimen to the collector or the MRO. • In alcohol testing, refusal to sign Step 2 of the Alcohol Test Form. • Leaving the scene of the accident without just cause prior to submitting to a test. • If the MRO reports a verified adulterated or substituted test result.

Note: A refusal to test carries the same consequence as a positive test result.

Screening Test Technician (STT): A person who instructs and assists employees in the alcohol testing process and operates an alcohol screening device, such as a breath or saliva device, other than an EBT.

Specimen Validity Testing: A test to determine if a urine specimen is adulterated, diluted or substituted.

Split Specimen: In drug testing, a part of the urine specimen that is sent to a first laboratory and retained unopened, and which is transported to a second DHHS-certified laboratory for testing upon employee request following a verified positive or a verified adulterated or substituted test result from the primary specimen.

Subject to Duty: An employee is considered "subject to duty" under any of the following circumstances: 1) on his or her regularly scheduled duty days prior to sign -on; 2) when reporting for work, 3) during any split period between assignments, whether on or off City premises; 4) when informed in advance, while on duty, that he or she is expected to be on duty at some point in the future; and 5) when being tested under the re-entry to work provisions of this Policy.

Exhibit 2 650

Substance Abuse Counselor (SAC): A person who evaluates employees who have violated a Non -DOT drug and alcohol regulation and makes recommendations concerning education, treatment, follow-up testing, and aftercare
Substance Abuse Professional (SAP): A person who evaluates employees who have violated a DOT drug and alcohol regulation and makes recommendations concerning education, treatment, follow-up testing, and aftercare. in order to be a qualified SAP, the individual must have certain credentials, possess specific knowledge, receive training, and achieve a passing score on an examination, as required under 49 CFR Part 40.281.

Substituted Specimen: A specimen with creatinine and specific gravity values that are so diminished or so divergent that they are not consistent with normal human urine.

Vehicles: Includes buses, electric buses, vans, automobiles, rail cars, trolley cars, trolley buses or vessels, non -revenue commercial motor vehicles, and vehicles used by armed security personnel.

6.0 EDUCATION AND TRAINING
The education and ongoing awareness component of this Policy will include display of posters, distribution to all covered employees and representatives of employee organizations of the drug and alcohol policy and other informational materials, and periodic information seminars.

Each employee will be required to sign an acknowledgment form indicating that they have received a copy of the current policy.

As required by FTA regulations, the Company will provide to all safety -sensitive employees a minimum of sixty (60) minutes of training on the effects and consequences of prohibited drug use on personal health, safety, and the work environment, and on the signs and symptoms that may indicate prohibited drug use.

Supervisors or cornpany officials who may make reasonable suspicion referrals shall receive an additional sixty (60) minutes of training on the physical, behavioral, and performance indicators of probable drug use, and at least sixty (60) minutes of training on the physical, behavioral, speech and performance indicators of probable alcohol misuse.

7.0 CONTACT PERSON
Any questions about this Policy or any aspect of the company's drug- and alcohol -free program should be referred to the following:

Name: Nathalie Rodriguez
Title: Human Resources Manager
Address: 3165 Garfield Ave
Commerce, CA 90040
Telephone Number: (562) 862-2118
Fax Number: (562) 245-3665
Exhibit 2 651

8.0 COVERED EMPLOYEES
As a condition of employment, safety -sensitive employees are required to submit to drug and alcohol tests administered in accordance with 49 CFR Parts 40 and 655. A refusal to submit to a test as directed will be considered to be a positive test result and the employee will be subject to all the attending consequences as stated in this Policy. (Please refer to Section 5.0 for specific circumstances or behaviors that are considered a refusal to test.) As defined by the FTA, "safety -sensitive employees" include those who perform, or may be called upon to perform, the following safety -sensitive functions.

1. Operating a revenue service vehicle, even when it is not in revenue service;

2. Operating a non -revenue service vehicle when required to be operated by a Commercial Driver's License (CDL) holder;

3. Controlling dispatch or movement of a revenue service vehicle;

4. Maintaining (including repairs, overhaul and rebuilding) a revenue service vehicle or equipment used in revenue service.

Supervisors are considered safety -sensitive only if they perform, or may be called upon to perform any of the above safety -sensitive functions.

PCAM, LLC has analyzed actual job duties performed, or may be called upon to perform, by all of its employees and has determined that the job classifications listed below are considered "safety -sensitive" for the purposes of this Policy.
• Bus Operator
• Transit Dispatch Supervisor
• Transit Safety & Security Supervisor
• Transit Training Supervisor
• Transit Operations Supervisor
• Equipment Mechanic A
• Equipment Service Worker
• Body Shop Mechanic
• Vehicle Maintenance Instructor
• Vehicle Maintenance Supervisor

9.0 DRUGS (OR THEIR METABOLITES' TESTED FOR AND CONFIRMATORY CUT-OFF LEVELS
• Marijuana (includes THCA 1)
• Cocaine (includes Benzoylecgonine)
• Opiates (Codeine / Morphine2)
6-Acetylmorphine
Phencyclidine (PCP)
• Amphetamines (includes methamphetamines)
MDMA 6 (includes MDMA, MDA7, MDEA8)
Confirmatory Cut -Off (no/ml)
15 ng/mL
100 ng/mL
2000 ng/mL
10 ng/mL
25 ng/mL
250 ng/mL
250 ng/mL
Exhibit 2 652

10.0 PROHIBITED BEHAVIORS

10.1 Illegal Drugs
Unless legally prescribed the prohibited drugs listed in Section 9.0 are illegal and employees are prohibited from consuming any of them at all times. Employees may be tested for illegal drugs anytime they are on duty or subject to duty.

10.2 Prescription or Over -the -Counter Med.cations
PCAM, LLC recognizes the safety risks associated with employee use of certain prescription and over-the-counter medications that affect work performance. Under this Policy, the appropriate use of legally prescribed drugs and non-prescription medications is not prohibited. However, the use of medications that cause drowsiness or fatigue, or those that carry warning labels which caution against the operation of machines, heavy equipment, or automobiles, is strictly prohibited while performing safety - sensitive work. Covered employees are required to notify their manager or supervisor regarding the use of such medication, and may not perform any safety- sensitive function, if their medication carries a warning label that mental functioning, motor skills or judgment may be adversely affected. The only exception to this is if the medication is being used in accordance with the instructions of a physician who has provided a written determination that the substance will not adversely affect the employee's ability to safely perform safety -sensitive duties. The employee must then provide his or her manager or supervisor with a copy of the medical authorization. While observing confidentiality rules with regards to medical information and records, PCAM, LLC will make the final determination whether or not to allow the employee to perform any safety -sensitive work, or require the employee to see a company -approved physician.

The employee is responsible for describing his or her safety -sensitive duties to the physician and obtaining from an appropriate medical professional information on whether or not the drug might impair his or her ability to perform his or her duties safely and effectively. If possible, employee must ask for alternative medicine/ dosage/ schedule that does not jeopardize safety.

A prescription is considered valid only if it is in writing and indicates the employee's name, date, the name of the substance, quantity or amount to be taken, and the period of authorization. Controlled substances obtained illegally outside the United States are not considered valid medical prescriptions. It is a violation of this Policy to use any controlled substance in a manner that is inconsistent with the prescription. Any covered employee who violates this section of the policy is subject to disciplinary action, up to and including termination.

10.3 Alcohol
Safety -sensitive employees are prohibited from consuming alcohol in any form:
• While performing safety -sensitive functions (see Section 8.0); - Within four (4) hours prior to performing safety -sensitive functions; Exhibit 2 653

- While they are on call; or
• Within eight (8) hours following an accident requiring a post -accident alcohol test, unless the test was completed within 8 hours.

Alcohol tests are conducted only just before, during, and just after the employee's performance of a safety -sensitive function. If a covered employee tests positive for alcohol at a concentration equal to or greater than 0.04, the employee will be immediately removed from duty, referred to at least two DOT — Qualified SAP's, and, under Company authority, will be subject to immediate termination.

11.0 TYPES OF TESTING

11.1 PRE -EMPLOYMENT TESTING
Candidates for employment in safety -sensitive positions, or any employee transferring from a non -safety -sensitive to a safety -sensitive position, will be required to undergo a pre- employment drug and alcohol test at a time and place designated by PCAM, LLC. A verified negative drug test result and an alcohol test result below 0.02 BAC must be received by PCAM, LLC before an employee or candidate can be allowed to perform any safety - sensitive function for the first time. If a pre -employment test is canceled, the individual will be required to undergo another test and successfully pass the test.

Subject to the candidate's written consent any candidate or employee being considered for selection into any safety sensitive position with PCAM, LLC will be subject to background check involving drug and alcohol testing with their previous employer going back two years.

If the individual refuses to provide the written consent, he or she will not be hired into the safety -sensitive position. In addition, if the individual has had a positive DOT pre -employment drug or alcohol test, or has refused such a test within the previous two years, he or she will not be hired until and unless the individual has provided a documentation of successful completion of the return -to -duty process, which includes a SAP referral, evaluation and treatment plan. (See also, Section 11.5 herein)
An employee who has not performed any safety -sensitive function for at least 90 consecutive calendar days (regardless of the reason) and has been out of the random pool during that period must pass a pre -employment drug and alcohol test before he or she is allowed to return to safety -sensitive work.

11.2 REASONABLE SUSPICION TESTING
Whenever a supervisor (or other PCAM, LLC official) has reason to believe that a covered employee has used a prohibited drug andlor engaged in alcohol misuse, reasonable testing will be conducted. The referral will be made by a trained supervisor or company official based on the specific, contemporaneous, and articulable observations concerning the appearance, behavior, speech, or body odors of the employee. The supervisor/official who makes the referral need not be the employee's own supervisor, as long as he or she has received training 8 Exhibit 2 654

in detecting the signs and symptoms of drug use and alcohol misuse. The supervisor's observations will be documented and such documentation shall be kept in the employee's confidential drug and alcohol testing file.

A reasonable suspicion alcohol test will be conducted only if the reasonable suspicion observation is made just before, during, or just after the employee's performance of safety- sensitive function.

If the alcohol test is not conducted within two hours, reason for the delay must be documented and kept in the employee's reasonable suspicion test file. All attempts to complete the alcohol test must cease after eight hours.

Once a supervisor or company official has made a reasonable suspicion determination, he or she must remove the employee from performing any safety -sensitive functions and arrange to have the employee accompanied to the testing site immediately. A supervisor or company official will remain with the employee at the testing site until all tests are completed. While awaiting test results, the employee shall remain on paid status in accordance with the employee's regular work schedule, unless the employee is suspended for any additional purposes concurrent with the waiting of the test results.

An employee whose drug test and/or alcohol test produces a negative result shall be promptly returned to his or her regular work.

11.3 POST -ACCIDENT TESTING
Any covered employee operating a public transportation vehicle at the time of an accident shall be required to submit to drug and alcohol tests as soon as practicable after the accident. For purposes of this Policy, "accident" is defined as an accident involving a public transportation vehicle where the result is:
• An individual dies;
• An individual suffers a bodily injury and immediately receives medical treatment away from the scene;
• The public transportation vehicle (if bus, electric bus, van, or automobile) or any other vehicle(s) involved in the accident suffers a disabling damage as a result of the accident and is transported away from the scene by a tow truck or other vehicle; or

11.3.1 Fatal Accidents
Whenever there is a loss of human life, any surviving employee operating the company vehicle at the time of the accident shall be tested for drugs and alcohol. Any safety -sensitive employee not in the vehicle but whose performance could have contributed to the accident also shall be tested.

11.3.2 Non -fatal Accidents
Following non -fatal accidents, the employee operating the vehicle at the time of the accident shall be tested unless his or her performance can be completely discounted as a contributing factor to the accident. Any other safety -sensitive employee whose performance could have contributed to the accident also shall be tested.

Exhibit 2 655

11.3.3 Other Post -Accident Testing Requirements
Employees involved in an accident that requires testing must remain readily available for testing, including notifying PCAM, LLC of their location if they leave the scene of the accident before testing to obtain emergency medical care, or to obtain assistance in responding to the accident. They will be considered to have refused to submit to testing if they fail to do so.

Employees are prohibited from using alcohol for eight hours following an accident or until the post -accident testing is completed, whichever occurs first.

Every effort will be made to conduct alcohol testing within two hours after the accident. In the event the alcohol test is delayed beyond two hours, PCAM, LLC will prepare and maintain a record stating the reason(s) for the delay. If an alcohol test is not administered within eight hours following the accident, PCAM, LLC will cease all efforts to administer the test and document the reason for the inability to test. In the event a drug test is not administered within 32 hours from the time of the accident, PCAM, LLC will cease all attempts to administer the drug test and document the inability to test. This requirement should not be construed to delay the necessary medical attention for injured people following the accident.

If PCAM, LLC is unable to perform post -accident tests within the required period of compliance, PCAM, LLC will use the post -accident test results administered by State or local law enforcement personnel under their own authority, provided the test results are obtained by PCAM, LLC.

If the accident does not fall under the FTA post accident criteria listed above, PCAM, LLC., under its own authority will send employees to be tested using a Non DOT Collection form.

Following a post -accident test, the employee is not allowed to perform any safety -sensitive function until the company has received negative test results. While awaiting test results, the employee shalt remain on active status in accordance with the employee's regular work schedule, unless the employee is suspended for any additional purposes concurrent with the waiting of the test results. An employee whose drug test and/or alcohol test produces a negative result shall be promptly returned to his or her regular work,

11.4 RANDOM TESTING
Safety -sensitive employees are required to undergo random drug and alcohol tests to deter use of prohibited drugs and misuse of alcohol. The random selection will be conducted using a scientifically valid method, such as a random number table or a computer -based random number generator which gives each covered employee an equal chance of being selected every time a selection is made. As is the nature of the random method, it is possible that some employees will be selected several times in one year, and other employees not for several years.

Management does not have any discretion on who will be selected.

A covered employee shall only be randomly tested for alcohol misuse while the employee is 10 Exhibit 2 656

performing safety -sensitive functions, just before, or just after the performance of such functions. Random testing for drugs may occur anytime the employee is on duty.

Every effort will be made by PCAM, LLC to spread random testing reasonably throughout the calendar year, all days of the week, and all hours when safety -sensitive functions are performed. The testing dates and times are unannounced and employees are required to immediately proceed to the designated collection site following notification.

PCAM, LLC will conduct random drug and alcohol tests at a minimum annual percentage of covered employees as required by the FTA. The rates are subject to change on an annual basis, depending on the industry -wide positive rate determined by the FTA from the annual Management Information Systems ("MIS") reports submitted by covered employers.

11.5 RETURN -TO -DUTY TESTING
PCAM, LLC has a "zero tolerance" policy. In the unusual event that an employee who has refused a required test, has a verified positive, adulterated or substituted drug test result, or tests positive for alcohol at 0.04 or greater, is allowed to return to safety -sensitive duties, he or she must first complete the return -to -duty process. This includes evaluation by a SAP or substance abuse counselor; successful completion of the rehabilitation, treatment or education program outlined by the SAP or subst ante abuse counselor; and obtaining a verified negative return -to - duty drug test and/or alcohol test under 0.02.

Under the Company's own authority} employees who are allowed to return to work after a policy violation will be required to sign a Re-entry Agreement (See Appendix A).

11.6 FOLLOW-UP TESTING
In addition to the Return -to Duty test described in Section 11.5, an employee who previously tested positive, or refused to take a required test (including MRO reports of adulteration or substitution), shall be subject to follow-up testing for drugs and/or alcohol, as prescribed by the SAP, for a minimum period of 12 months to a maximum of five years. As mandated by the FTA, the employee shall undergo at least six follow-up tests during the first 12 months of his or her return to work. Although they are both unannounced, follow-up testing is apart and separate from random testing. The duration and frequency of testing will be designated by the SAP, but the actual follow-up testing dates will be decided by the employee's manager or supervisor.

12.0 DRUG & ALCOHOL TESTING PROCEDURES
All DOT drug and alcohol tests required under this Policy will be administered in accordance with the "Procedures for Transportation Workplace Drug and Alcohol Testing Programs" (Part 40), as amended.

Prior to the test, the employee must present a photo ID (e.g., driver's license or employee ID) for proper identification. Throughout the testing process, the privacy of the employee will be protected and the integrity and validity of the process will be maintained. The drug testing procedure will include a split specimen collection method and a federal Custody and Control Form with a unique identification number to ensure that the correct test result is attributed to the correct employee. An initial screening test using an immunoassay technique will be performed. If the specimen is positive for one or more of the drugs tested, then a confirmation 11 Exhibit 2 657

test will be performed using the state-of-the-art gas chromatography/mass spectrometry (GC/MS) or liquid chromatography/mass spectrometry (LC/MS) -analysis. If the test is confirmed positive, the MRO will conduct a verification process, which includes giving the employee an opportunity to provide a valid medical explanation for the positive test result.

Additionally, the laboratory will conduct specimen validity testing to determine if a urine specimen has been adulterated, substituted, or diluted. If the MRO reports a "negative -dilute" test result, PCAM, LLC will direct the employee to take a second test with no advance notice and depending on the creatinine level reported by the laboratory to the MRO, the second collection may be directly observed. Should the second test result in a negative dilute result, the test will be considered a negative and no additional testing will be required unless directed to do so by the MRO. The second test result will be the test of record.

If the laboratory reports to the MRO an "Invalid Result" or "Rejected for Testing" (because of a fatal or uncorrectable flaw), a recollection may be required by the MRO, and depending on the circumstances, the recollection may be directly observed.

Tests for alcohol concentration will be conducted using an alcohol screening device and an evidential breath testing (EBT) device if the screen test is at 0.02 BAC or greater. A DOT Alcohol Testing Form will be used and a unique sequential number will be assigned to each test.

Detailed drug and alcohol specimen collection procedures are available upon request from the Contact Person identified in Section 7.0 of this Policy.

13.0 DIRECTLY- OBSERVED URINE SPECIMEN COLLECTION
Under the following circumstances, the employee will be directed to undergo an immediate urine specimen collection under direct observation with no advance notice:
• If the laboratory reported to the MRO that a specimen is invalid and there was no adequate medical explanation for the result;
• If the MRO reported that the original positive, adulterated, or substituted test result had to be canceled because the split specimen testing could not be performed; • If the drug test is a return -to -duty or a follow-up test; • If the collector observes materials brought to the collection site or employee conduct that clearly indicates an attempt to tamper with a specimen; • If the temperature on the original specimen was out of range; • If the original specimen appeared to have been tampered with; or • If the previous specimen was negative dilute with creatinine between 2 to 5 mg/dl.

The observer shall be the same gender as the employee, but need not be a trained collector.

Prior to the collection, the observer must request the employee to raise his or her shirt, blouse, or dress/skirt, as appropriate, above the waist; lower clothing and underpants; and to turn around to show the observer that he or she is not wearing any type of prosthetic or other device that could be used to interfere with the collection process. If none is observed, the employee may return clothing to its proper position for observed urination. The observer is responsible for ensuring that the specimen goes from the employee's body into the collection container. If the employee declines to allow a directly observed collection when required under this Policy, it is considered a refusal to test.
12 Exhibit 2 658

14.0 MONITORED URINE SPECIMEN COLLECTION
Under those circumstances when a multi -stall restroom has to be used for urine specimen collection and the facility cannot be adequately secured, the collector will conduct a monitored collection. The monitor shall be the same gender as the employee, unless the monitor is a medical professional. The monitor will not watch the employee void into the collection container. However, if the monitor hears sounds or observes attempts to tamper with a specimen, an additional collection under direct observation will be ordered. If the employee declines to permit a collection authorized to be monitored, it is considered a refusal to test.

15.0 SPLIT SPECIMEN TESTING
After notification by the MRO of a verified positive drug test or refusal to test because of adulteration or substitution, the employee has 72 hours to request (verbally or in writing) a test of the split specimen. (Note: Effective 8/25/08, there is no split specimen testing allowed for an invalid test result.) After 72 hours have passed, the request can be considered only if the employee can present to the satisfaction of the MRO information that unavoidably prevented the employee from making a timely request.

Following the employee's timely request, the MRO shall send a written request to the primary laboratory to forward the split specimen to a second DHHS-certified laboratory for testing without regard to the cut-off concentration. If the second laboratory fails to reconfirm the substance detected in the primary specimen or the adulterant identified, or if the split specimen is unavailable for testing, the test shall be canceled. The MRO shall report the cancellation and the reasons for it to the DOT, the DER, and the employee. In the case of the split specimen being unavailable, the employee shall be directed, with no advance notice, to submit another specimen under direct observation.

16.0 CONSEQUENCES
As required by FTA regulations, any safety -sensitive employee who has a verified positive drug result, or alcohol test result at 0.04 or above, or refuses to submit to a drug or alcohol test (including adulteration or substitution) shall be:
• Immediately removed from service.
• referred to at least two DOT Qualified
SAP's for evaluation, education or treatment and provided educational materials.

If an employee's alcohol test result is between 0.02 - 0.039, the employee will be removed from safety -sensitive duty for at least 8 hours, or if the employee is retested, the result must be below

0.02 before he/she can be allowed to perform safety -sensitive work.

FTA regulations allow individual employers to determine the discipline to be imposed on employees who violate the Federal regulations or employer policy. Under the Company policy, employees who have a verified positive result for drugs or test positive for alcohol at 0.04 BAC or above, or refuse a required test are subject to immediate removal from safety -sensitive duty, 13 Exhibit 2 659

referral to two SAP's , and disciplinary action up to and including termination.

17.0 REFERRAL, EVALUATION AND TREATMENT
If an employee (including an applicant) tests positive for drug(s) or alcohol or refuses to submit to a test when required, PCAM, LLC shall advise the individual of the resources available for evaluating and resolving problems associated with prohibited drug use and alcohol misuse and document such referral. He or she shall be given the name, address and phone number of a two Substance Abuse Professional (SAP) acceptable to the Company.

18.0 CONFIDENTIALITY AND ACCESS TO FACILITIES AND RECORDS (Exhibit D) Employees have a right to examine their own drug and alcohol testing records, provide information to dispute the results, and have access to any pertinent data such as EBT calibration or drug testing laboratory certification. They also have a right to obtain a copy of their own drug and/or alcohol testing results by submitting a written request to the Contact Person identified in Section 7.0 of this Policy.

PCAM, LLC will do everything possible to safeguard the confidentiality of drug and alcohol testing records and medical information obtained in accordance with this Policy. Individual test PCAM, LLC will do everything possible to safeguard the confidentiality of drug and alcohol testing records and medical information obtained in accordance with this Policy. Individual test results or medical information will be released to third parties (e.g., previous employers or union representatives) only with the employee's specific written consent, or to those parties authorized by the DOT or FTA to receive such information without the employee's consent. Specific written consent applies only to a particular piece of information released to a particular person or organization at a particular time. Blanket releases are specifically prohibited by DOT.

The employee's written consent is not required in administrative or legal proceedings such as:
• A lawsuit, grievance, or administrative proceeding brought by, or on behalf of the employee, resulting from a positive drug or alcohol test or a refusal to test; or • A criminal or civil action resulting from an employee's performance of safety -sensitive duties where the alcohol or drug test information is deemed relevant.

Access to the PCAM, LLC facilities and drug and alcohol program records also must be provided, without the employee's consent, to DOT or FTA agency representatives; the National Transportation Safety Board as part of an accident investigation; a Federal, state or local safety agency with regulatory authority over PCAM, LLC or the employee; State or Grantee required to certify to FTA compliance with 49 CFR Part 40 and Part 655.

In addition, DOT has adopted a rule authorizing employers and Third Party Administrators (TPAs) to disclose to state commercial driver licensing (CDL) authorities (e.g. DMV) the drug and alcohol violations of employees who hold CDLs and operate commercial motor vehicles, when a State law allows it.

19.0 DRUG -FREE WORKPLACE ACT of 1988 (DFWA) REQUIREMENTS Under the DFWA, employees are prohibited from the unlawful manufacture, distribution, 14 Exhibit 2 660

dispensing, possession, or use of a controlled substance in the workplace. Employees are required to notify management in writing of any criminal drug statute convictions he/she receives for a violation occurring in the workplace, no later than five calendar days after such a conviction. Within 10 calendar days of receiving such notice, the PCAM, LLC shall provide written notification of the conviction to the FTA. Within 30 calendar days of receiving notice of the conviction, the PCAM, LLC shall fake appropriate disciplinary action, or require the employee to participate and successfully complete a drug rehabilitation program. Law enforcement shall be notified, as appropriate, where criminal activity is suspected.

Appendix A
RE-ENTRY TO WaRK
A. After Mandatory Referral
Following successful completion of the rehabilitation and/or education program prescribed by the SAP, an employee who is given an opportunity to return to work must agree to the terms of a "Re-entry Agreement," the terms of which shall be established by the Company at its sole discretion. That Agreement may include, but is not limited to, the following:

1. A release to work statement from an approved treatment specialist, as well as from the SAP.

2. A plan, designed by the SAP, setting out after -care (if any) and follow-up testing, the frequency and duration of which shall be established by the SAP.

3. A negative return -to -duty test for drugs and alcohol.

4. A statement of expected work -related behaviors.

5. Specific agreement by the employee that violation of the Re-entry Agreement will be grounds for termination.

Failure to successfully complete a treatment and/or education program, or to comply with the re-entry agreement, or any positive drug or alcohol test after re-entry shall be grounds for termination.

B. After Voluntary Referral

1. Employees who voluntarily enter a substance abuse treatment program without taking a leave of absence will not require a Re-entry Agreement since the employee never left work.

2. Employees who voluntarily enter a substance abuse treatment program and request a leave of absence, with or without pay, must:
a) Submit a Release to Work from the Company's MRO and a Substance Abuse Counselor as designated by the Company; and
b) Pass a Return -to -Duty alcohol and drug test (under Company authority) before being allowed to return to safety -sensitive work. 15 Exhibit 2 661

APPROVAL FOR SUBSTANCE ABUSE POLICY REVISIONS:

Eric Chaves
President
Adopted by Board of Di tors on 2+'2012
Ftevis'son Adopted on: BV2J17
Date
Date
Exhibit 2
662

tiry and Bin Prevention Program

INTRODUCTION
To our Eirrlrloyees, Supervisors/Managers, and Injury and Illness Prevention Program Administrators
In order to rain rrrize work related injuries and illnesses C Ir # l " has established, implemented, anal rrrairrtaiiis this I1liress and Injury Prevention (IIP) Program As require( lxtr Cal/OSHA, our IIP Program consists of the following elements 1 Designation ttion of I1P Program authority and Responsibility. ty.

2. A system to assure safety and health Compliance
A procedure for safety and health Training and Instruction. 4, A procedure for safety and health Communication
A system for Hazard Assessment

6. A procedure for Hazard Correction

7. Beat and Illness Prevention
S. A procedure for occupational Accid iitl xposiire Investigation

9. A protocol for Reeor dkeeping
Each of these elemefrts is detailed ,on the following pages and required forms are provided If you have any questions regarding this IIP Program, please call:

1. Your immediate Supervisor/Manager or

2. S iiize Cooley, Sr. Vice President & Director of Human Resources at (562) 862-2118 ext. 21' Exhibit 2
663

RESPONSIBILITY
Overall .Responsibility for IIP Implementation trrttl 11 irttertt rtee The Injury and Illness Prevention (IIP) Program ad►ni -ator- Suzie Cooley, Sr. Vice President & Director of Human Resources, has the authority and the responsibility for implementing and aaxaintaining this IIP Program for I LC.

Supervisor/Manager Responsibility:

Supervisors ►rtl Managers arc responsible for actively promoting safety by:
• Understanding, iraapl meeting, and maintaining complian w th this IIP Program, • Answering employee questions and providing copies of this IIP Program upon request, • Establishing and maintaining safe and healthful working conditions, • For being familiar with hazards to which employees and the public are exposed, lions= tta recognize them, the potential effects those hazards, and rules, procedures and work for controlling, exposure to those hazards,
• For providing safety training, instruction, and communication to make sure that all employees understand and follow safe work practices,
• To make hazard assessments through inspections and to correct hazards as required, • To investigate accidents and take corrective and preventive action.

Employee Responsibility:

Employees are responsible for following safe work practices including.

No employee should undertake a job until he/she has received instructions on how to do it properly and safely,
• No employees should undertake a job that appears to be unsafe, • No employee should use chemicals without fully understanding their toxic properties and without the knowledge required to work with them safely in accordance with our Hazard Communication Program,
• No employee should engage in horseplay or unsafe behavior, • Mechanical safeguards must always be kept in place,
• Employees arc to report to a superior or designated individual all unsafe conditions encountered during work. (Reports may be made anonymously by using the Notjication cif, 'afet}y Hazard form),
• Personal protective equipment must be used when and where required, and properly maintained,
• Any work -related injury or illness suffered, however slight, rrnast lac reported to management at once.

Exhibit 2 664

COMPLIANCE
Every person employed by Pt". tM, ;, including Supervisors/Managers, must be aware that unsafe behaviors, processes and equipment can be the root causes of nearly all accidents.

Therefore, it is extremely important that all staff of Pf. t11„ LIEF contribute to minimizing occupational injuries and illnesses by following all of the prescribed safe work practices as a condition of employment. Our system of ensuring that all workers comply with these practices includes the following:

Informing workers of the provisions of our IIP Program.

We inform our employees through initial tion group meetings, as part of nnew ployee orientation, and annual refreshers (see `C Won' Section of t tis 11? Program).

2. Recognizing employees who perform safe and healthful work practices. +% We encourage Supervisors and Managers to use positive feedback to promote a safe, work environment. This feedback can be given on -the -spot or, where appropriate, performance appraisals. Personal and public recognition, as appropriate, of a job done safely goes a long way to further our safety culture.

Employees who successfully demonstrate their ability to work safely for a specified period of time will receive recognition in a manner deemed appropriate by the management of P" 111
V Supervisors and Managers are to docume
`Sgt"ety Recognition Report',
gnt
on

3. Providing training to workers whose safely performance is deficient.

Pt.p, 11, LLC believes that employees want to do a good job, however, sometimes they eitl en don't know how to do a job safely, or in their rush to complete a job use unsafe procedures.

V In addition to each employee's initial job -specific training, the Supervisors and Managers who witness or hear of unsafe behaviors must provide on -the -spot demonstration of safe practices or provide formal re-training as needed. This re-training will be documented, Exhibit 2 665

4. Disciplining workers for failure to comply with safe and healthful work practices.

Any employee of PC4 M., LLC who knowingly fails to abide by prescribed safe work practices shall be subject to disciplinary action up to and including discharge per Company policy. When a disciplinary action does occur, it shall be documented using the existing "Safety Violation 1l err^wing Notice'' form,
after r -e -training an employee continues to ignore safe and healthful work practrce st be completed and followed -up on.
ty Counseling]
If unsafe behaviors persist, Supervisors/Managers should contact Suzie Cooley, Sr. Vice President & Director off hHuman Resources for additional information on discipline under POW (s guidelines.

Exhibit 2 666

TRAINING I: It AND INSTRUCTION
The Department/Location Manager shall ensure that all employees receive training in the general safe work practices listed in the Code of Safe Work Practices.

Department/Location Managers should also pro\ e specific safe work training to new employees prior to beginning work. All employees should receive refresher training on general and specific safe work practices a minimum of once per year.

Any employee safety training that. takes place should be documented by the trainer, using the "Record of Employee Training". Any safety training given to managers and/or supervisors should be documented using the ,I'C 1r'ft ' s° "Record of Alit Tager/ upervisor• Training".

A. Training and instruction is provided,
When the III' Program is first established;

2. To all new workers;

3. To all workers given new job assignments for flriclr training has not previously provided;

4. Whenever new substances, processes, procedures or equipment are introduced to the workplace and represent a new hazard;

5. Whenever the employer is made aware of a new or previously unrecognized hazard;

6. To supervisors to familiarize them with the safety and health hazards to which workers under their immediate direction and control may be exposed; and

7. To all workers with respect to hazards specific to each employee's job assignmennt., g must be documented using the New Employee Safety Orientation Checklist' farm ( e ion sections or the Employee/Supervisor Training Record'.

B. Each employee needs to be given training and i
topes.
rction regarding general safety
Based upon the types of work performed by employees of PLAIT!, LLC and on loss history all employees should be trained regarding:
• General Safe Practices
• Prevention of Slips, Trip, and Falls
Material handling and lifting
• Ladder Safety
Motor Vehicle Safety
Other subjects as applicable
Exhibit 2
667

C. Each employee needs training and instruction regarding job -specific safety topics.

Based upon the types of work performed, job -specific training and instruction may include:
e Proper ergonomics for computer operators
• Control of blood -borne pathogens
• Materials handling — lifting, moving, etc.
e Use of hand or power tools
e Workplace violence
♦ Hazard Communication Plan
e Other subjects as appropriate
6 Exhibit 2
668

COMMUNICATION
All managers and supervisors of l C'xt rl , ( are responsible for communicating with all employees about occupational safety and health in a form that is readily understandable, Our communication system encourages all workers to inform their managers a supervisors about workplace hazards without fear of reprisal and includes:

New employee orientation iuclucling a tliscussioi:i of safety and health policies and procedures.

Please see the `r\rewtf Employee Safety Orientation n Checklist'. This fors z must be used all new hires prior to work assignment Safety information will be readily rrrderstandable by all employees. Tliis means that language and perhaps physical disability crust be accounted for when orienting a crew employee.

2. Review of our IIP Program.
11P Program review is part of the 'New Employee way One ion Checklist', Paclr ne w employee should receive a verbal overview of each section of the IIP Program.

Also, each new employee will be advised how obtain a copy of the 11P Program for their. review.

Yr In addition, at least annually, the I1P Program should be reviewed as a meeting topic.

Please use the following 'IIP Program Annual Review' form as documentation.

Posted safety information.
/ Safety postings will be provided on an annual basis by the Director of Human Resources, This information will be posted in a designated area of the site bulletin board whereworkers' compensation, wageand hour, and other mandated postings are maintained.

4. Periodic discussion of
health topics.

When safety and health topics are discussed at any meeting, the 'Workplace Safety Health C mmttrr c,•crtion' form is used for documentation.

A system for workers to anonymously inform management about workplace hazards, PC°l1tl, LIC believes that our employees should be able to inform management of workplace hazards without fear{ of reprisal. Management must respond to reports of potential workplace hazards in a timely manner.

The `Notification of Safety Hazard' forms will be provided at the initial training of the 11P Program and at the annual refresher training. This will enable employees to subn-rit these forms anonymously when they need to. The forms will be submitted directly to the Corporate Office.

If the location number is included on the form, the "Response to Notification of Safety Hazard' with the employees.
'Safety Hazard'
age and hour,
tirtr will be sent to the Manager at the indicated location to post or if no location number is included on the form, the 'Response to Notafre form will be posted at the Corporate Office where the workers' conrpensati and other mandated postings arc maintained,
Exhibit 2
669

HAZARD ASSESSMENT
L eves that periodic inspections are an irrtportant tool to help identify and evaluate rkplae hazards. They shall be performed by competent observers throughout our workplace.

Managers/Supervisors arc trained as 'competent observers' and has the discretion to train or approve others as `competent observers'' Hazards identified are corrected in accordance with the Hazard. Correction' Section of this IIP Program.

The "Sel f lnsl ection of. form or the 'Hazard Assessment and Cora, 'on Record' form will be used for these inspcctions.. In the case of an Injury the `rlcci `ertt/Exposrrre Investigation Report form will be used.

Periodic inspections are performed according to the following schedule:
r►n
lly established our IIP Program;

2. new substances, processes, procedines or ecltril nrerat which present poter rids are introduced into our workplace;
rlrerr ne�� , previously unidentified hazards are recognized;

4. \Then occupational injuries, and illnesses occur; and

5. Whenever workplace conditions warrant an inspection.

A Job Safety Analysis (JSA) for all major job categories should be completed utilizing the "Job SoftyAnalysis". This will provide an organized approach to identifying hazards, and be a tool to provide job -specific training; to our employees.

Formal, documented inspections where hazards arc identified and corrected will be performed, at least, on an annual basis.
8 Exhibit 2 670

ACCIDENT/EXPOSIJRE INVESTIGATIONS
The purpose of an accident investigation is to help prevent future accidents by finding and removing the root cause of those accidents that do occur.

Procedures for investigating all reported workplace accidents and hazardous substance exposures include:
l . Interviewing injured workers and witnesses;
. Banntl ng the kvorkplace for factors associated ith the srecident/exposure} Dctc►riirring the cause of the accident/exposure,

4. Taking corrective action to prevent the accident/exposure from recurri►rg; and . Recording the findings and actions.
event drat an iirjt does occur, the department manager shall ensure drat the ca e of the oceur? enee is folly investigated and documented 1rlreruis r•'s Report of 1Vor'k I&'/crfccl Injury or ll be completed by the PCAM, LIM representative and forwarded to the Director of Human Resources. Under no circuit rstartces shall the. report ever he filled out by the injured ed
eruplo₹ee.
fn case of an accident result trg in death, a very seriousirrjury. or injuries to multiple employees, the Directo • of Human Resources shall be in ely notified hi order to initiate a prompt and thorough investigation into the cause of the indite►rt. Cal OSHA will also be notified inrn►ediat ly by the Director of Hunum Resources.

Exhibit 2 671

HAZARD CORRECTION
. t<' is intent on core"eeting all unsafe or unhealthy work conditions, practices or procedures -lay manner based on the severity of the hazard.

It s the absolute responsibility of every employee to immediately report any unsafe condition or work practice to their supervisor/manager as well as any co-workers who may be affected:

Hazards shall be corrected according to the following procedures:

1. If possible, iaaaauediatcly when observed or discovered; or • Many simple hazards, such as liquid on the floor that could cause a slip and fall, can easily be corrected on -the -spot. Pct i l , Ltc requires that all employees correct the hazards that they observe to the extent that they are able to do so safely: If an employee observes a hazard that he/she cannot correct, it is the employee's responsibility to alert a Supervisor/Manager.

2. When an iininiaaenthaazaardl e It cannot be immediately abated without endangering employee(s) and/or property, we will remove all exposed workers from. tlae area except those necessary to correct the existing condition. • Workers who are required to correct the hazardous, condition shall be trained.and provided with the necessary personal protection equipment and tools. ✓ FCA111,11( requires that Supervisors/Managers take appropriate actions to help prevent employees from entering an area with a hazard that is not yet corrected. For example, using wanting signs and cones, locking off a portioat of the facility, posting a person to warn others, closing the building, etc, may be warranted. The response must be appropriate to the hazard.
l0
Exhibit 2 672

HEAT ILLNESS PREVENTION
TION
PCA[,i 1.1.C The following designated person or persons (Program Administrator Safety oordirr►rt€rrf uper isor°/tor°eiu iu/Fiel isor/ rew Leader) have ge the ►anthrorit T and responsil)ility for implementing the pro visiOUs of this program at this wvorksite.

Nance/Title/Phone Number
l,. Suzie Cooley, Sr, Nice President & Director of III . (562) 862-2118

2. Aaron Chaves, 1Director (if Operations (949) 235-3'7'73 Procedures for Provision of Water (inelr►de but are not lirr]ited to the following):

LI Drinking water containers (of five to 10 gallons each) will be brought to the site, so that at least two quarts per employee are available at the start of the shift. All workers whetter working itrdividually or in smaller crews, will have access to drinking water. [I Paper cone nuns or bags of disposable caps and the necessary cup dispensers will be made available to workers and wviII be kept clean until used l As part of the Effective Repleni Inert Procedures, the water level of all containers will be checked periodically (e.g. every hour
rises. Water containers will be refilled with cool water, when the water level within a contai►ref drops below 50 percent. Additional water containers (e.g. five gallon bottles) will be carried, to replace water as needed.
ry 30 ruin), and more frequently when the temperature
Li Ice will be carried in separate container sew that when necessary, it will be added to the drinking water to keep it cool.
containers wvill be placed as close as possible to the workers (given the working conditi€rtrs and layout of the workshe), to encourage the frequent drinking of water. If field terrain prevents the w rater from being placed as close as possible to the workers, bottled water or personal water containers win be made available, so that workers can have drinking water readily accessible, Water containers will be relocated to follow along with the crew, so drinking water ww₹ill rerrlan readily accessible.

Water containers will be kept
sanitary condition,.

Ll wily, workers will be reminded of the location of th vater coolers and of the importance of drinking water frequently. When the temperature exceeds or is expected to exceed 9{l degrees Fahrenheit, brief `tailgate' nweetir►gs wvill be held each morning to review With ennployces the itttporttznce of drinking water, the t ber and schedule of water and rest breaks and the signs and symptoms of Moat illness.

Exhibit 2 673

Li When the temperature equals or exceeds 95 degrees Fahrenheit or during a heat wave, the number of water breaks will be increased, and workers will be reminded throughout the work shift to drink water.

LI During employee training and tailgate meetings, the importance of frequent drinking of water will be stressed.

Procedures for Access to Shade (include but are not limited to the following):

Note: Follow the general guidance provided above, under, the Provisions for Water (identify the person assigned the task and list the specific tasks that have to be carried out). • Shade structures will be opened and placed as close as practical to the workers, when the temperature equals or exceeds 85 degrees Fahrenheit. When the temperature is below 85 degrees Fahrenheit, access to shade will be provided promptly, when requested by an employee. Note: The interior of a vehicle may not be used to provide shade unless the vehicle is air-conditioned and the air conditioner is on.

LJ Enough shade strictures will be available at the site, to accommodate at least 25 percent of the employees on the shift at any one time.

Li Daily, workers will be informed of the location of the shade structures and will be encouraged to take a five minute cool -down rest in the shade.
❑ Shade structures will be relocated to follow along with the crew and they will be placed as close as practical to the employees, so that access to shade is provided at all times.

LJ In situations where trees or other vegetation are used to provide shade (such as in orchards), the thickness and shape of the shaded area will be evaluated, before assuming that sufficient shadow is being cast to protect employees.

LI In situations where it is not safe or feasible to provide access to shade (e.g., during high winds), a note will be made of these unsafe or unfeasible, conditions, and of the steps that will be taken to provide shade upon request.
111 For non-agricultural employers, in situations where it is not safe or feasible to provide shade, a note will be made of these unsafe or unfeasible conditions, and of the steps that will be taken to provide alternative cooling measures but with equivalent protection as shade.

Procedures for Monitoring the Weather (include but are not limited to):

LJ The supervisor will be trained and instructed to check in advance the extended weather forecast.

Weather forecasts can be checked with the aid of the internet ( http://www.nws.noaa.gov/ ), or by calling the National Weather Service phone numbers (see CA numbers below) or by checking the Weather Channel TV Network. The work schedule will be planned in advance, taking into consideration whether high temperatures or a heat wave is expected. This type of advance planning should take place all summer long.
12 Exhibit 2 674

CALIFORNIA Dial -A -Forecast
Eureka 707-443-7062
Hanford 559-584-8047
Los Angeles 805-988-6610 (#1)
Sacramento 916-979-3051
San Diego 619-297-2107 (#1)
San Francisco 831-656-1725 (#1)
• Prior to each workday, the forecasted temperature and humidity for the worksite will be reviewed and will be compared against the National Weather Service Heat Index to evaluate the risk level for heat illness. Determination will be made of whether or not workers will be exposed at a temperature and humidity characterized as either "extreme caution" or "extreme danger" for heat illnesses. It is important to note that the temperature at which these warnings occur must be lowered as much as 15 degrees if the workers under consideration are in direct sunlight.

U Prior to each workday, the supervisor will monitor the weather (using http://www.nws.noaa.gov/ or with the aid of a supple thermometer, available at most hardware stores) at the worksite. This critical weather information will be taken into consideration, to determine, when it will be necessary to make modifications to the work schedule (such as stopping work early, rescheduling the job, working at night or during the cooler hours of the day, increasing the number of water and rest breaks).

U A thermometer will be used at the jobsite to monitor for sudden increases in temperature, and to ensure that once the temperature exceeds 85 degrees Fahrenheit, shade structures will be opened and made available to the workers. In addition, when the temperature equals or exceeds 95 degrees Fahrenheit, additional preventive measures such as the High Heat Procedures will be implemented.

Handling a Heat Wave:

U During a heat wave or heat spike, and before starting work, tailgate meetings will be held, to review the company heat illness prevention procedures, the weather forecast and emergency response. In addition, if schedule modifications are not possible, workers will be provided with an increased number of water and rest breaks and will be observed closely for signs and symptoms of heat illness.

U Each employee will be assigned a "buddy" to be on the lookout for signs and symptoms of heat illness and to ensure that emergency procedures are initiated when someone displays possible signs or symptoms of heat illness.

High Heat Procedures (include but are not limited to):

High Heat Procedures are additional preventive measures that this company will use when the temperature equals or exceeds 95 degrees Fahrenheit.

Effective communication by voice, observation, or electronic means will be maintained, so that employees at the worksite can contact a supervisor when necessary. If the supervisor is unable to be near the workers (to observe them or communicate with them), then an electronic device, such as a cell phone or text messaging device, may be used for this purpose if reception in the area is reliable. 13 Exhibit 2 675

U Frequent communication will be maintained with employees working by themselves or in smaller groups (keep tabs on them via phone or two-way radio), to be on the lookout for possible symptoms of heat illness.

U Employees will be observed for alertness and signs and symptoms of heat illness. When the supervisor is not available, an alternate responsible person may be assigned, to look for signs and symptoms of heat illness. Such a designated observer will be trained and know what steps to take if heat illness occurs.

U Employees will be reminded throughout the work shift to drink plenty of water.

U New employees will be closely supervised, or assign a "buddy" or more experienced coworker for the first 14 days of the employment (unless the employee indicates at the time of hire that he or she has been doing similar outdoor work for at least 10 of the past 30 days for four or more hours per day).

Procedures for Acclimatization (include but are not limited to):

Acclimatization is the temporary and gradual physiological change in the body that occurs when the environmentally induced heat load to which the body is accustomed is significantly and suddenly exceeded by sudden environmental changes. In more common terms, the body needs time to adapt when temperatures rise suddenly, and an employee risks heat illness by not taking it easy when a heat wave strikes or when starting a new job that exposes the employee to heat to which the employee's body hasn't yet adjusted.

Inadequate acclimatization can be significantly more perilous in conditions of high heat and physical stress.

Employers are responsible for the working conditions of their employees, and they must act effectively when conditions result in sudden exposure to heat their employees are not used to.

Li The weather will be monitored daily. The supervisor will be on the lookout for sudden heat wave(s), or increases in temperatures to which employees haven't been exposed to for several weeks or longer.

L1 The supervisor will be extra -vigilant with new employees and stay alert to the presence of heat related symptoms.
❑ New employees will be assigned a "buddy" or experienced coworker to watch each other closely for discomfort or symptoms of heat illness.

L During a heat wave, all employees will be observed closely (or maintain frequent communication via phone or radio), to be on the look out for possible symptoms of heat illness. ❑ Employees and supervisors will be trained on the importance of acclimatization, how it is developed and how these company procedures address it.
14 Exhibit 2
676

Procedures for Emergency Response (include but are not limited to):

Ll Prior to assigning a crew to a particular worksite, workers and the foreman will be provided a map of the site, along with clear and precise directions (such as streets or road names, distinguishing features and distances to major roads), to avoid a delay of emergency medical services.

Li Prior to assigning a crew to a particular worksite, efforts will be made to ensure that a qualified and appropriately trained and equipped person is available at the site to render first aid if necessary.

U Prior to the start of the shift, a determination will be made of whether or not a language barrier is present at the site and steps will be taken (such as assigning the responsibility to call emergency medical services to the foreman or an English speaking worker) to ensure that emergency medical services can be immediately called in the event of an emergency. ❑ All Supervisors will carry cell phones or other means of communication, to ensure that emergency medical services can be called. Checks will be made to ensure that these electronic devices are functional prior to each shift.

U When an employee is showing symptoms of possible heat illness, steps will be taken immediately to keep the stricken employee cool and comfortable once emergency service responders have been called (to reduce the progression to more serious illness). ❑ During a heat wave or hot temperatures, workers will be reminded and encouraged to immediately report to their supervisor any signs or symptoms they are experiencing.

Employees and supervisors training will include every detail of these written emergency procedures.

Handling a Sick Employee:

U When an employee displays possible signs or symptoms of heat illness, a trained first aid worker or supervisor will check the sick employee and determine whether resting in the shade and drinking cool water will suffice or if emergency service providers will need to be called. A sick worker will not be left alone in the shade, as he or she can take a turn for the worse? U When an employee displays possible signs or symptoms of heat illness and no trained first aid worker or supervisor is available at the site, emergency service providers will be called. 15 Exhibit 2 677

U Emergency service providers will be called immediately if an employee displays signs or symptoms of heat illness (loss of consciousness, incoherent speech, convulsions, red and hot face), does not look OK or does not get better after drinking cool water and resting in the shade. While the ambulance is in route, first aid will be initiated (cool the worker: place the worker in the shade, remove excess layers of clothing, place ice pack in the armpits and groin area and fan the victim). Do not let a sick worker leave the site, as they can get lost or die before reaching a hospital!
LI If an employee does not look OK and displays signs or symptoms of severe heat illness (loss of consciousness, incoherent speech, convulsions, red and hot face), and the worksite is located more than 20 minutes away from a hospital, call emergency service providers, communicate the signs and symptoms of the victim and request Air Ambulance.

Procedures for Employee and Supervisory Training (include but are not limited to):

U Supervisors will be trained prior to being assigned to supervise other workers. Training will include this company's written procedures and the steps supervisors will follow when employees' exhibit symptoms consistent with heat illness.
• Supervisors will be trained on how to track the weather at the job site (by monitoring predicted temperature highs and periodically using a thermometer). Supervisors will be instructed on, how weather information will be used to modify work schedules, to increase number of water and rest breaks or cease work early if necessary.

LJ All employees and supervisors will be trained prior to working outside. Training will include the company's written prevention procedures.

Li Employees will be trained on the steps that will be followed for contacting emergency medical services, including how they are to proceed when there are non-English speaking workers, how clear and precise directions to the site will be provided and the importance of making visual contact with emergency responders at the nearest road or landmark to direct them to their worksite.

U When the temperature exceeds 75 degrees Fahrenheit, short `tailgate' meetings will be held to review the weather report, to reinforce heat illness prevention with all workers, to provide reminders to drink water frequently, to inform them that shade can be made available upon request and to remind them to be on the lookout for signs and symptoms of heat illness. • New employees will be assigned a "buddy" or experienced coworker to ensure that they understand the training and follow company procedures.
16 Exhibit 2
678

RECORDKEEPING
PC f Al
IP Progr ordkeeping policy is as follows:

Records of hazard assessment inspections, including the person(s) conducting the inspection, the unsafe conditions and work practices that have been identified and the action taken to correct the identified unsafe conditions and work practices, are recorded on a hazard assessment and correction form will be maintained for at least one year, V These records include `Hazard Assessment and Correction Record' fines, Safety Inspection Checklists , `Notification of Safety Hazard' jbrms with corresponding `Response to Notification of Safety Hazard' forms, and `Accident/Exposure Investigation Report' forms, These records will be kept in a file according to their corresponding calendar year.

Docu►nentation of safety and health training for each worker, including the worker's name or other identifier, training dates, type(s) of training, and training providers are recorded on a worker training and instruction forms and will be aaaaintained for at least one year.

V These records irrclru e Nev` wEmployee Safety Orientation Checklist' and `Employee/Supervisor Safety Training Record' form' that are to be kept in individual employee's personnel file. The LIP Program Annual Review' era `Workplace Safety and Health Communication' firms wi/l be kept in aka. according to their corresponding calendar year.

Cal/OSHA recordkeeping system should be implemented and records will be maintained for• five years,
a. PCAM, LLC will record each fatality, inju►•y or illness that is work -related, is a new case, or meets one or more o
14300.
general recording criteria specified in Title 8, Section h. PCAM, LLC wwrill record each injury or illness on the Cal/OSHA Log of Occupational Work Related Injuries arrcl Illnesses (Form 300) according to its instructions. c, PCAM, LLC will prepare an Injury and Mile Incident Report (Form 301), o► equivalent.
d. PCAM, LLC will annually review and certify the Cal/OSHA Form 300 and port the Sun►nmary of -Work -Related Injuries and Illnesses (Form 300A) no later than February 1 and keep it posted where employees can see it until April 30. 17 Exhibit 2 679

INJURY ND ILLNESS PREVENTION
Code of Safe Practices
Adherence to all den eats of tic Injury and Illness Prevention Program as well as strict compliance with all safety rules and procedures is a condition of ernployn ent. All injuries, inchiding those which cla not requirefirst-aid treatment, roust be reported immediately to your department manager.

The folloiviarg is a list of General Safety Rules for all employees. Every employee is required to comply with these males and to insist that their co-workers abide by them. Failure to comply with all company Safety Rules will result in disciplinary action.

Under- no circttnrstanees shall an employee place themselves or a co-worker- in a hazardous situation.

Under no circumstances is an employee to report to work under the influence of alcohol or other controlled substances. Employees observed ingesting or in possession of alcoholic beverages or controlled substances on company time, conzpar y property or client property will be subject to appropriate disciplinary action„
Work r.i eas (on or off -site) are to be kept neat, orderly and clean, Never allow conditions that rr�ay result in a safety hazard or unsafe condition. Report unsafe conditions to your supervisor immediately,
Personal protective equipment (safety grasses, shoes, reflective vests, etc.) will be worts at < 11 times when specifically required. Do not \year loose jewelry or clothing..

Follow good lifting practices. Ask for help when needed andhelp others lift or curry heavy or bulky objects when necessary; Stack materials safely.

Igo not start of attempt to operate company vehicles or equipment unless authorized to do so, rrd only tltcn the vehicle or equipment is in good working condition. . Never touch or operate any electrical switches or buttons unless authorized to do so. Lao not attempt to repair defective electrical equipment.

Use tools only for their intended purposes. f)onot use defective tools. Igo not remove guards or safety devices on power tools or equipment.
. Obey posted speed limits in parking facility where vehicles are being parked, lt}. Run/Walk on designated routes (110 cutting over grass areas, thorough hedges,

1.1. Take particular care in high traffic areas.

Exhibit 2
680

Material Handling and Lifting:

Before you lift:

1. Avoid lifting and carrying when possible — use carts when possible.

2. Plan ahead - Don't move it twice if once will do.

3. Test before you lift - Don't try to lift objects which may be beyond your physical capacity. Get help or use a hand truck.

4. Be sure the load is balanced and well packed so it won't shift.

5. Ensure that there are no obstructions, slippery spots, etc. in your path when carrying an item.

6. Get a firm grip before lifting - Use gloves to protect you hands as required.

When you lift:

7. Choose a comfortable position.

8. Lift gradually — don't jerk.

9. Avoid bending over - use your legs and arras, not your back.

10. Avoid twisting — shift your feet to change direction.

11. Avoid reaching out — keep the load close to your body.

12. Avoid lifting from/to the floor or from/to above your shoulders.

Motor Vehicle Safety:

1. Check the vehicle to be driven for proper operation of lights, horn, and brakes, etc.

2. Wear seat belts.

3. Drive defensively.

4. Yield the right of way.

5. Observe traffic signs and lights.

6. Maintain a safe following distance.

7. Not rely solely on mirrors while backing up or making lane changes.

8. Maneuver slowly in parking areas.

9. Look out for pedestrians and bicyclists, as well as for vehicles.

10.Never drink and drive or drive while on medication that may impair driving abilities. 19 Exhibit 2 681

INJURY AND ILLNESS:

Code of Safe Practices
ctic
Office of
Office employees are required to know ar cl practice all Company Safety Rules. Failure to comply with safety rules will result in dise.iplinaty action.

Walk; do not run on Company property.

Keep your own area safe.
)
Desk drawers should riot lie left open.
b) Be sure the electrical cords for your office machines are not a tripping hazard. Make sure they are properly grounded,
c) When leaving your desk make sure your elrair° is not left in an aisle where someone may trip on it.
d) 13e sure desk drawers are clean and sharp objects are not left unprotected. =orking with filecabinetsmake sure only one drawer is pulled out at a tinge to prevent potential tipping of the file cabinet.

G�lrearever° relocating office machines, each individual should exercise proper judgment, lifting techniques, and seek assistance when needed.

5. Use proper equipment when storing or retrieving materials from elevated places.

6. Do not lean hack in chairs. All legs of the chair should be on the floor at all times.

7. All electrical safety requirements will be complied with when repairing or servicing office equipment.

When you notice an unsafe condition, correct it, of safe to do so. If you can't correct it, report it t_ your Supervisor,.

Exhibit 2 682

SAFETY
TICE
Date:

Location:

Employee Name:

SSN;
Note to File 1st Violation 2nd Violation 3rd Violation 4th Violation YOU HAVE BEEN COUNSELED ON:

ISSUED BY:

SUPERVISOR
DATE

EMPLOYEE SIGNATURE DATE
DEPARTMENT MANAGER'S REVIEW:

SIGNATURE AND DATE
Violations 12 month period nay result in the following:

Note to File
A note to lilt must be completed if the accident is caused by an unsafe act.
1st Violation: Verbal explanation and warning. No punitive action taken. Notation in file.
2nd Violation: Verbal and written warning. Copy m file. 3rd Violation: Suspension. Department Manager determines days off without lar Copy in file.
4th Violation Discharge. Copy in employee fle.
* Serious violations in ' r salt i in:,:cjrlrcrt tx= ° rrinallo , Exhibit 2 683

INSPECTION of PR SES
Date..

Location:

Person(s) Conducting, Inspection:

Unsafe Concl doses
Pro realaires/Behavior
Corrective Actiona.

Date
Compl
Note: All hazardous situations should be corrected as soon as Possible, The priority system is a suggested guideline to correct the most serious situations first. Use a separate sheet or back of this page for further documentation it raeccssary
Hazard Priority
1 - Serious
2 - Moderate
3 - Minor
Exhibit 2 684

NEW EMPLOYEE SAFETY 1: , I I 1.I ,:..

Employee Name:

SSN: Job Position:

ONCE COMPLETED AND SIGNED BY BATH THE TRAINER AND THE EMPLOYEE EE

THIS RECORD SER'I'ES AS DOCUMENTATION THAT THE BELOW ORIENTATION AND TRAINING HAS TAKEN PLACE.

General and Specific Safety/Health Training

1. General Safety
2, Safety and Health Policy

3. Employee Responsibilities

4. Enforcement/Discipline

5. Suggestion/Hazard Reporting

6. Code of Safe Work Practices

7. Accident Reporting

8. Personal Protective Equipment
Hazard Communication

10. Fire Prevention/Reporting,
l l . Lockout/Tag out

12. Electrical

13. In the Office Safety

14. 15,„

16. 17.

18. 19.

20. 21.

22. 2,
24,
Signature Trainer's Signature Tylae of
Training
Date of
'Training
Type of trait is g: Initial, Annual, Update
Exhibit 2 685

MANAGERECORD OF VISO NING
Location:

Department,
Employee Name:

Social Security
Description of Training
Nam
Supervisor's
Initials
Exhibit 2 686

JOB SAFETY

ANALYSIS
Date Completed:

Location:

Department: otb Title:

Sequence of Basic Job Steps
Hazard or Potential Baez
1iecorrrrnenciecl Safe Job
Procedures
DeparMtrrrerrt Iicact,
App
Seem
Approva
a c{.

Completed I3y.

Date Revised:

Date Revised
Date Revised:

Exhibit 2 687

ACCIDENT/EXPOSURE I. I +PORT
Name of Injured: SSN:

Job Title:

Date of Incident: Time:

Where did it occur?

1. Nature of Injury (Cut, Bruise, Sprain, etc.)

2. Part of Body Affected

3. Unsafe Procedure

4. Hazardous Condition

5. Contributing Causes

6. Personal Factors
List personal protective equipment required
Worn Yes No
Where mechanical guards or other safeguards m place? Yes No Describe the accident:
action have you taken to prevent recurren
(do not say "will be more careful")
Who is assigned to take corrective action'
By what date? Date of this report
Investigator's -Signature
_
Department lvIanager's Signature
Exhibit 2
688

RECORD OF EMPLOYEE TRAINING
Location: . . . .. .

Department:

Employee Name:

Social Security#: . . . .

Description Tio
NameoT Trainer
I e! mot's
k dal
Exhibit 2
689

SAFETY RECOGNITION {
Date:

To:

From: (Supervisor's Name)
(Employee's Name)
Reason for Safety Recognition (e,g. identified hazard, good work practices, helped others work safely, etc.):

How was the Employee Recognized for Safety? (e.g. on -the -spot, at a meeting, gill/award given, etc)
Supervisor's Signature
Exhibit 2
690

SAFETY COUNSELING
Date:

To:

From: (Supervisor's Name)
Reason for Safety Connr
etc):
e
(Employee's Name)
g (failure to follow safe work practices, failure to report hazards, Corrective action to be taken by Employee:

Date Corrective Action is Due:

Employee Signature:

Supervisor Signature:

Exhibit 2
691

III Program Annual Review
Date:

Meeting Conducted by;
Subjects Discussed: Review of IIP Program including:

1. IIP Program authority and Responsibility.

2. Our system to assure safety and health Compliance.

3. Our system for safety and health Commit cation.

4. Our• system for• Hazard Assessment..

5. Our procedure for occupational Accident/lilnss Investigation.

G. Our procedure for Hazard Correction.

7. Our procedure for safety and health Training and Instruction including a specific review of our Fire Prevention Plan, Emergency Action Plan, and Hazard Communication Program.

Ali attendees were provided a copy of our `. Tot`i iccrlion o Softly Hazard' forma..

Signature of Employees Attending:

Exhibit 2 692

Workplace Safety itticl leaItlt Cotnntunictttion
Date:

Meeting Conducted by:

Safety and Health Subject Discussed:

Handouts/Materials provided:

Signature of Employees Attending:

Exhibit 2 693

NOTIFICATION F SAFETY HAZARD
The following Safety Hazard was obsery
What was the location of the Hazard and when was it observed? Suggestions for correcting the Hazard;
Employee Name (OPTIONAL): Date:

WE ENCOURAGE ALL EMPLOYEES TO MAKE MANAGEMENT AWARE OF
POTENTIAL SAFETY HAZARDS. BY LA THERE CAN BE ,NOS REPRISALS OR NEGATIVE CONSEQUENCES FOR REPORTING TI1' HAZARD ANONYMOUS REPORTS' ARE' EATCOURAGED.

Exhibit 2 694

Response to Notification of Safety Hazard
On , the following Safety Hazard was observed:

As a result of an evaluation of this hazard, the following corrective actions will be taken:

These actions will be taken by:

Signed: Date:

WE ENCOURAGE ALL EMPLOYEES To MAKE MANAGEMENT E AWARE,' OF POTENTIAL SAFETY HAZARDS. B5' L. THERE CAN BE NO REPRISALS NEGATPI°'E (0'\1. 'EO 'Et`\'H,'V FOR REPORTING A HAZARD, A NONYMOUS REPORTS ARE ENC'O URA GE.I.

Exhibit 2 695

Da
i
PCAMilazard Asses
Unsafe Condition or \\'o Practice:

Corrective Action Taken:

Correction Record
Person Conductin Inspection:

Date of Inspection: Person Conducting Inspection:

Unsafe Condition or \Vatic Practice:

Corrective Action Taken::

Date of Inspection:

Unsafe Condition or Work Practice:,
Corrective Action Taken:

Person Conducting Inspection.:
's s/rrr/1 be correct ert irrrrrrediate/r' rr'/tart crbser red or discovered. ed. IS'lterr an intntinent /rrrzar(' exists e irrnrredi melt, rr/toted rrtit/rota endangering errrplot'ee(s) and/or jrrolsc'r•tI' r•cnrnVe «!1 exposed workers except to corivet the existing condition. it'or/iers r are required to corr°ect tlra difiu� r shall lre /rrot'uieu ruxt/r the rrecessnr rr protection.

Exhibit 2 696

Accident/Exposure Investigation Report
Date & Time of Accident:

Location:

Accident Description:

Workers Iiiv°lvedt..

Preventive Action Recommendations:

Corrective Action Taken:

Manager Responsible: Date Completed:

CC:

Exhibit 2 697

Cal/OSHA Form 300 (Rev. 7/2007) Appendix A
Log of Work -Related Injuries and illnesses
Attention: This form contains information relating to employee hearth and must be used in a manner that protects the confidentiality of employees to the extent possible while the information is being used for occupational safety and health purposes.

Sae OCR Title 8 14300.29(b)(6)-(10.1
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Exhibit 2 698

/OSHA Form 307 pen
Injury and Illness Incid ent Report
tiomaal ssatt[[I
IMP

CaI,OSHA Form 300A (Rev, 7/2007) Appendix B
Annual Summary of Work -Related Injuries and Illnesses
d11 ecr "nu4clvnrn:r :art -es by CC FtTuetc S ezton Itt"W mow; o¢a9lcs ;txs h¢cwY Sumsary, :xxca a ea auck•r ated tcpr..-m. u Jh•.*es a:uma rvenaa the )car. Item,®;re, >4s rnnrs• GM Lob m treify that Ns euu x arc asmFlete .ad accurate betl, wmAkl+n.G this summary S.ssnR the Le'ay- co= otc :o s trtmt curie, yceu mule Foe each ancestry. wnor'Le total Wow, maaty star yat'tr ad,lr3 :tx rates from evcty Fsr;r of the Lm,. 1f you Sri co uacs, It-mr l7,"
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Exhibit 2
700

Basic Guidelines For Accident Investigation
The purpose of an investigation is to find the cause of an accident and prevent further occurrences, not to fix the blame
Visit the accident scene as soon as possible - while facts are fresh and before witnesses forget important details.

If possible, interview the injured worker at the scene of the accident and "walk" him or her though what happened taking care not to cause the same accident again.

All interviews should be conducted as privately as possible. Interview witnesses one at a time.

Document details. Use photos as needed.

Focus on causes and hazards. Develop an analysis of what happened, how it happened and how it could have been prevented. Determine what caused the accident itself, not just the injury.

Every investigation should include an action plan. How will you prevent such accidents in the future?
If a third party or defective product contributed to the accident, save any evidence. It could be critical to the recovery of claims costs.

There are several basic causative factors surrounding any injury:
♦ Was the safety training adequate?
♦ Were hazards identified and communicated?
e Were tasks properly planned? (non -routine and routine jobs) ♦ Is there involvement by supervisors — do they know - how the job is being performed? ♦ Are changes in operating procedures required?
O Is there a need for design improvements? (Le. mechanical guards, adjustable work stations)
♦ Is there a need for improved supervision?
♦ Is there effective enforcement of current safety policies? These should all be reviewed as part of any accident investigation.

Exhibit 2 701

EXHIBIT "B"
2023 CONTRACTOR'S SUPPLEMENTAL SERVICES
5 Exhibit 2 702

PCAM LLC 3165 Garfield Ave, Commerce CA 90040 (562) 862-2118 November 28, 2023
Bernardo Iniguez
Director of Public Works.

City of Bell Gardens
8327 Garfield Ave.

Bell Gardens CA 90201
Subject: One Year Extension.

Dear, Bernardo Iniguez,
Parking Company of America (PCAM LLC) is willing to extend the existing agreement for the Bell Gardens Dial -A- Ride, Trolley Shuttle Service, and senior bus with the City of Bell Gardens for (1) one additional year. And in addition, PCAM LLC perfoiliis the 45 -day CHP inspection and PM service for the Senior bus. During the additional extension year consist of the following rates.

Additional extension year Dial A -Ride rate will be $58.95 per bus per hour.

Additional extension year Trolley service rate will be $ 58.95 per bus per hour.

Additional extension year Senior bus$ 33.20 per hour.

Senior bus CHP 45 days inspection rate $118.75
Senior bus PM Service $ 106.25 per hour.

PCA has enjoyed working with the city during the last three years and looks forward to continuing our joint effort to provide quality transportation solutions for the Metrolink Rail Feeder Shuttle Service.

Mario Cadenas
Vice President of Transportation

PCAM, LLC
mcadenas (ar)zparkpca.com
(562) 862-2118
3165 Garfield Ave,
Commerce CA 90040
The Client: City of Bell Gardens
Exhibit 2 703

CITY OF BELL GARDENS

OFFICE OF THE CITY MANAGER

AGENDA REPORT
Item 15.

TO: Honorable Mayor and City Council Members
FROM: Michael B. O'Kelly, City Manager
BY: Hailes H. Soto, Assistant to the City Manager
SUBJECT: APPROVAL OF SECOND AMENDMENT TO THE EXISTING AGREEMENT FOR CITY

ATTORNEY SERVICES WITH OLIVAREZ MADRUGA LAW ORGANIZATION, LLP DATE: December 11, 2023
RECOMMENDATION:

It is staff's recommendation that the City Council:

1. Consider and approve the Second Amendment to the existing Agreement for City Attorney Services with Olivarez Madruga Law Organization, LLP, in accordance with Government Code Sections 53262, 54953(c)(3) and 54956(b); and

2. Authorize the City Manager to make nonmaterial changes and execute all implementing documents.

BACKGROUND/DISCUSSION:

Olivarez Madruga Law Organization, LLP (OMLO) has ably served the City of Bell Gardens ("City") as its City Attorney since January 28, 2019, when the City Council approved the Agreement ("Master Agreement") for general legal counsel services. On September 9, 2019, the Master Agreement was amended by way of the First Amendment to the Agreement for City Attorney Services.

OMLO is a public agency -focused law firm with approximately 30 attorneys and staff. OMLO attorneys have extensive experience on a broad range of municipal law matters, including the transparency laws like the Ralph M.

Brown Act and the California Public Records Act, conflict of interest laws, public agency procurement and contracting matters, election law matters, land use regulation, land development and environmental review; labor and employment law; municipal finance and taxation; police matters and water law. The Bell Gardens legal team is headed by Founding and Managing Partner Rick Olivarez, City Attorney Stephanie Vasquez, and Assistant City Attorney Susie Altamirano. During its tenure, the City has benefited from the Firm's expert handling of legal issues on a range of subject areas, including contracts, open meetings and public records, planning, zoning, land use and development, CEQA, election and appointment law compliance matters, cannabis, employment matters and review and defense of subpoenas. In addition, OMLO has advised and assisted City staff with various pandemic -related challenges and initiatives, including the City's tenant eviction moratorium and compliance with County and State pandemic orders. OMLO staff also participates in weekly Executive Staff meetings and are available on a day-to-day basis to provide advice and counsel to City staff and City Councilmembers alike.

Although OMLO was eligible for annual 3% or less Consumer Price Index (CPI) increases from January 2020 to January 2022, the firm waived increases at that time in light of fiscal uncertainties created by the COVI D-19 Pandemic. OMLO currently charges an hourly rate of $226 per hour for Partners and Of Counsel, $206 per hour for Associates, $103 per hour for paralegal staff and $90 per hour for law clerks. In light of substantial increases in CPI over the past few years, OMLO's current rates have not adequately kept pace with the market and inflation, placing adverse pressures on the retention of key personnel and the recruitment of new personnel. 704

RESOLUTION NO. 2023-117

A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF BELL

GARDENS, CALIFORNIA, APPROVING A SECOND AMENDMENT TO

THE AGREEMENT FOR CITY ATTORNEY SERVICES WITH OLIVAREZ

MADRUGA LAW ORGANIZATION, LLP
WHEREAS, the City of Bell Gardens ("City") is a general law city incorporated under the laws of the State of California; and
WHEREAS, on January 28, 2019, the City and Olivarez Madruga Law Organization, LLP ("OMLO") executed and entered into that certain agreement for general legal counsel services entitled "Agreement for Interim City Attorney Services for the City of Bell Gardens" (hereinafter, the "Master Agreement"); and WHEREAS, the Master Agreement was amended at the Regular Meeting of September 9, 2019, by way of execution of the 2019 First Amendment to Agreement for City Attorney Services, dated September 9, 2019; and
WHEREAS, the City and OMLO wish to amend their existing Agreement; and WHEREAS, the approval of the Second Amendment was made in open session as a non -consent item of the City Council's Regular Meeting Agenda in compliance with Government Code Sections 53262, 54953(c)(3) and 54956(b).

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

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

SECTION 2. The City Council hereby approves the Second Amendment to the Agreement for City Attorney Services with OMLO.

SECTION 3. The City Council further authorizes the City Manager to execute the Second Amendment to City Attorney Services Agreement with OMLO, and consistent with this Resolution, along with any ancillary documents reasonably necessary to effectuate the intent of this Resolution.

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

Exhibit 1 706

The proposed hourly rate schedule requested by OMLO as part of the latest amendment to its agreement with the City is as follows:
• Partners/Of Counsel $265
• Associate Attorneys $245
• Litigation Matters $300
• Paralegal/Law Clerk $120
The proposed rates would take effect January 1, 2024. The proposed rates shall apply prospectively and shall have no application to any legal services rendered prior to January 1, 2024. The proposed rates automatically increase commencing on January 1, 2025 and annually on January 1st of each calendar year thereafter by a percentage equal to the lesser of either five percent (5%) or CPI.

Pursuant to Government Code Section 84308, OMLO was requested to and made a contribution of more than $250 to Mayor Pro Tem Jorgel Chavez within the preceding 12 months.

CONCLUSION:

It is recommended that the City Council approve the Second Amendment to the existing Agreement for City Attorney Services with OMLO.

FISCAL IMPACT:

Pending City Council approval, adjustments will be incorporated through the Fiscal Year 2023-2024 midyear budget process. Please note that some legal fees are payable from non -general fund sources, or are reimbursable from third parties.

ATTACHMENTS:

Exhibit 1 - Resolution No. 2023-117
Exhibit 2 - Second Amendment to Agreement for City Attorney Services APPROVED ELECTRONICALLY BY:

Michael B. O'Kelly, City Manager
Stephanie Vasquez, City Attorney and/or Susie Altamirano, Assistant City Attorney Manuel Carrillo, Director of Finance and Administrative Services 705

Resolution No. 2023-117
PASSED, APPROVED AND ADOPTED this 11th day of December 2023.

THE CITY OF BELL GARDENS
Francis De Leon Sanchez, Mayor
APPROVED AS TO FORM: ATTEST:

Stephanie Vasquez
City Attorney
Daisy Gomez
City Clerk
[Signatures on the following page]
2 of 3
Exhibit 1 707

Resolution No. 2023-117
I, , City Clerk of the City of Bell Gardens, hereby CERTIFY that City Council Resolution No. was adopted by the Bell Gardens City Council at a regular meeting of the City Council held on , and was approved and passed by the following vote:

AYES:

NOES:

ABSTAIN:

ABSENT:

Daisy Gomez
City Clerk
3 of 3
Exhibit 1 708

2023

SECOND AMENDMENT TO

AGREEMENT FOR CITY ATTORNEY SERVICES WITH

OLIVAREZ MADRUGA LAW ORGANIZATION, LLP
THIS 2023 SECOND AMENDMENT TO AGREEMENT FOR CITY ATTORNEY SERVICES ("Amendment") is made and entered into this 11th day of December 2023 ("Effective Date") by and between the law firm of OLIVAREZ MADRUGA LAW ORGANIZATION, LLP, a California limited liability partnership (the "FIRM"), and the CITY OF BELL GARDENS (the "CITY"). CITY and FIRM are sometimes individually referred to herein as a "Party" and collectively referred to herein as "Parties."

RECITALS
WHEREAS, on January 28, 2019, the Parties executed and entered into that certain agreement for general legal counsel services entitled "Agreement for Interim City Attorney Services for the City of Bell Gardens" (hereinafter, the "Master Agreement"); and WHEREAS, the Master Agreement was amended at the Regular Meeting of September 9, 2019, by way of execution of the 2019 First Amendment to Agreement for City Attorney Services, dated September 9, 2019 (The Master Agreement as previously amended by way of the First Amendment is attached and incorporated hereto as Exhibit "A"); and
WHEREAS, Section 16 (INTEGRATED AGREEMENT; AMENDMENT) of the Master Agreement requires that any modifications or additions to the Master Agreement must be made in writing; and
WHEREAS, this Second Amendment was approved by the City Council at its regular meeting of December 11, 2023 in open session as part of the Regular Meeting Agenda in compliance with Government Code Sections 53262, 54953(c)(3) and 54956(b).

SECOND AMENDMENT TO AGREEMENT

NOW THEREFORE, IN CONSIDERATION OF THE MUTUAL PROMISES AND COVENANTS CONTAINED HEREIN, THE PARTIES AGREE AS FOLLOWS:

SECTION 1. CITY acknowledges that since the approval of the First Amendment, FIRM's legal name has changed from Olivarez Madruga Lemieux O'Neill, LLP to Olivarez Madruga Law Organization, LLP. CITY consents to the name change and hereinafter, all references to FIRM in this Second Amendment, the Master Agreement and the First Amendment shall refer to Olivarez Madruga Law Organization, LLP.

SECTION 2. Section 5 (COMPENSATION) of the Master Agreement is hereby repealed, deleted and replaced in its entirety and shall instead read as follows:

Exhibit 2 709

"Effective January 1, 2024, FIRM shall be compensated for the performance of legal services at the following hourly rates:

Personnel
Partner/Of Counsel
Associate
Litigation Matters
Paralegal/Law Clerk
Rate
$265.00
$245.00
$300.00
$120.00
Commencing as of January 1, 2025 and annually on January lst of each calendar year thereafter, the rates set forth above (hereinafter, the "Approved Rate Schedule") shall be increased automatically by FIRM by a percentage equal to the lesser of the following: (i) the annual percentage increase in the October Consumer Price Index (CPI) for the Los Angeles -Long Beach -Anaheim, CA area for the year immediately preceding; or (ii) five percent (5%). CITY shall pay sums due on all invoices within thirty (30) days from the date of receipt." Rates established shall apply prospectively and shall have no application to any legal services rendered prior to January 1, 2024.

SECTION 3. Except as otherwise provided under this Amendment, the Master Agreement shall remain binding, controlling and in full force and effect. (A true and correct copy of the original Master Agreement is attached and incorporated hereto as Exhibit "A" to this Amendment).

SECTION 4. The provisions of the Second Amendment shall be deemed a part of the Master Agreement, as amended by the First Amendment, and except as otherwise provided under the Second Amendment, the First Amendment and the Master Agreement and all provisions contained therein shall remain binding and enforceable. In the event of any conflict or inconsistency between the provisions of the Second Amendment and the provisions of the First Amendment and Master Agreement, the provisions of the Second Amendment shall govern and control, but only in so far as such provisions conflict with the First Amendment and Master Agreement, and no further.

SECTION 5. The Master Agreement together with the First Amendment and the Second Amendment shall constitute the entire, complete, final and exclusive expression of the Parties with respect to the matters addressed herein and supersede all other agreements or understandings, whether oral or written, or entered into between CITY and FIRM prior to the execution of the same. No statements, representations or other agreements, whether oral or written, made by any Party which are not embodied herein shall be valid or binding. No amendment, modification or supplement to the Master Agreement, First Amendment or Second Amendment shall be valid and binding unless in writing and duly executed by the Parties in the form of a written agreement amendment. 2 Exhibit 2 710

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

CITY OF BELL GARDENS
By:

Michael B. O'Kelly, City Manager

OLIVAREZ MADRUGA LAW ORGANIZATION, LLP
By:

Name:

Title:
3 Exhibit 2 711

EXHIBIT "A"

MASTER AGREEMENT
4 Exhibit 2 712

THE 2019 FIRST AMENDMENT TO

AGREEMENT FOR CITY ATTORNEY SERVICES WITH

OLIVAREZ MADRUGA LEMIEUX O'NEILL, LLP
THIS 2019 FIRST AMENDMENT TO AGREEMENT FOR CITY ATTORNEY SERVICES ("Amendment") is made and entered into this 14' day of September 2019 ("Effective Date") by and between the law firm of OLIVAREZ MADRUGA LEMIEUX O'NEILL, LLP, a California limited liability partnership (the "Firm"), and the CITY OF BELL GARDENS (the "City"). CITY and FIRM are sometimesindividually referred to herein as a "Party" and collectively referred to herein as "Parties."

RECITALS
WHEREAS, on January 28, 2019, the Parties executed and entered into that certain agreement for general legal counsel services entitled "Agreement for Interim City Attorney Services for the City of Bell Gardens" (hereinafter, the "Master Agreement")(A true and correct copy of the Master Agreement is attached and incorporated hereto as Exhibit "A"); and
WHEREAS, at its Regular Meeting of August 26, 2019, the City Council of the City of BeII Gardens ("City Council") announced the appointment FIRM Partner Rick R.

Olivarez ("Olivarez") as City Attorney for the City of Bell Gardens and FIRM as the legal services firm to provide general legal services to the City on an ongoing basis under the supervision of Olivarez; and
WHEREAS, the Parties wish to formalize and memorialize the appointment Rick R. Olivarez and the FIRM as the City Attorney for the City of Bell Gardens by way of this amendment to the Master Agreement and subject to the modifications set forth herein; and
WHEREAS, Section 16 (INTEGRATED AGREEMENT; AMENDMENT) of the Master Agreement requires that any modifications or additions to the Master Agreement must be made in writing; and
WHEREAS, this appointment of Olivarez and FIRM was again ratified by the City Council at its Regular Meeting of September 9, 2019 along with the approval of this Amendment; and
WHEREAS, approval of the Amendment was made in open session as a non -- consent item of the City Council's Regular Meeting Agenda in compliance with Government Code Sections 53262, 54953(c)(3) and 54956(b). 1 Exhibit 2 713

AMENDMENT TO AGREEMENT

NOW THEREFORE, IN CONSIDERATION OF THE MUTUAL PROMISES AND COVENANTS CONTAINED HEREIN, THE PARTIES AGREE AS FOLLOWS:

SECTION 1. The CITY hereby appoints Olivarez as City Attorney for the City of Bell Gardens and further authorizes the engagement of FIRM to provide general legal services to the CITY under the supervision of Olivarez. In recognition of the foregoing, the title of the Master Agreement is hereby amended to state: "Agreement for City Attorney Services for the City of BeII Gardens".

SECTION 2. All references to "Interim City Attorney" as set forth in the Master Agreement are hereby amended to state "City Attorney".

SECTION 3. Section 5 (COMPENSATION) of the Master Agreement is hereby amended by the addition of the following text which shall appear immediately following the existing text:

The foregoing notwithstanding, the following legal matters shall be billed at a rate of $220/hr for Partners and Of Counsel and $200/hr for Associates:
(i) representation of the City in the defense or prosecution of litigation matters as well as representation in administrative proceedings before other governmental bodies or agencies; and (ii) representation of the CITY or any other CITY agencies or bodies, including any redevelopment successor agency, in complex land development, acquisition or disposition matters, including the drafting and review of transactional documents and related instruments, memoranda, reports or other transaction -related documents; participation in meetings with City staff, developers and other interested parties or governmental entities; and participation in meetings before other governmental bodies to secure special legislation, financing, entitlements and other authorizations.

Commencing January 1, 2020 and annually on January 1St thereafter, the rates set forth above (hereinafter, the 'Approved Rate Schedule') may be increased automatically by Firm by a percentage equal to the lesser of the following: (i) the annual percentage increase in the October Consumer Price Index (CPI) for the Los Angeles -Long Beach -Anaheim, CA area for the year immediately preceding; or three (3) percent. CITY shall pay sums due on all invoices within thirty (30) days from the date of receipt." SECTION 4. Notwithstanding anything under Sections 1 and 4 of the Master Agreement to the contrary, Olivarez shall serve as the presiding legal counsel for all meetings of the City Council, excluding absences due to (i) illness or other personal emergencies; (ii) pre -planned vacation leave; or (iii) other occasional, unanticipated scheduling conflicts. Olivarez may designate other Firm attorneys to attend City Council meetings in his place when he is unable to attend such meetings for the reasons specified 2 Exhibit 2 714

above. Olivarez may also (i) designate other Firm attorneys to serve as Assistant City Attorney or as a Deputy City Attorney; and (ii) assign specific legal matters to other Firm attorneys based on experience and/or expertise with the subject matter.

SECTION 5. Except as otherwise provided under this Amendment, the Master Agreement shall remain binding, controlling and in full force and effect. (A true and correct copy of the original Master Agreement is attached and incorporated hereto as Exhibit "A" to this Amendment).

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

SECTION 7. The Master Agreement together with this Amendment shall constitute the entire, complete, final and exclusive expression of the Parties with respect to the matters addressed herein and supersede all other agreements or understandings, whether oral or written, or entered into between CITY and FIRM prior to the execution of the same. No statements, representations or other agreements, whether oral or written, made by any Party which are not embodied herein shall be valid or binding. No amendment, modification or supplement to the Master Agreement or this Amendment shall be valid and binding unless in writing and duly executed by the Parties in the form of a written contract amendment.
[SIGNATURE PAGE TO FOLLOW]
3 Exhibit 2 715

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

CITY OF BELL GARDENS
By: caNaPhil ")
Aletndra ortez, Mayor

OLIVAREZ MADRUGA LEMIEUX O'NEILL, LLP
Title: 7 :,e,,
ATTEST:

Vanessa Qiroz
Acting City Clerk
4 Exhibit 2 716

EXHIBIT "A"

MASTER AGREEMENT
5 Exhibit 2 717

AGREEMENT FOR

INTERIM CITY ATTORNEY SERVICES FOR

THE CITY OF BELL GARDENS
This AGREEMENT FOR INTERIM CITY ATTORNEY SERVICES (the "Agreement") is made and entered into this 28 day of January, 2019, by and between the law firm of OLIVAREZ MADRUGA LEMIEUX O'NEILL, LLP, a California limited liability partnership (the "Firm"), and the CITY OF BELL GARDENS (the "City"). The Firm and the City may be referred to hereinafter individually and/or collectively, as the context may require, as "Party" or "Parties,"

1. APPOINTMENT
The City hereby engages the Firm to provide Interim City Attorney services related to litigation, liability, personnel and any other services, as requested by the City Council ("City Council"), Such services shall be provided by or under the supervision of Rick R. OIivarez and Thomas M. Madruga. Notwithstanding the foregoing named person(s), the Firm may, from time to time, designate other attorneys within the Firm to provide Interim City Attorney services.

2. SCOPE OF WORK AND DUTIES
A. The Firth shall perform any and all work necessary for the provision of legal counsel, when specifically requested by the City Council, to:
(i) Attend various City Council meetings as requested; and (ii) Provide legal advice, written legal opinions and consultation, as needed, on matters affecting litigation, liability, personnel and any other services, as requested; and (ill) Be available for telephone consultation with the City Council and City staff; and
(iv) Prepare or review necessary agreements and related documents regarding litigation, liability, personnel and any other special services, as requested by the City Council.

B. The designated Interim City Attorney will keep the City Council informed as to the progress and status of all pending matters in accordance with such procedures as the City Council may establish from time to time. The assigned Interim City Attorney is expected to manage, control and oversee the delivery of legal services in a competent,.profcssional, and cost- effective manner. All legal services shall be properly supervised and all personnel shall be qualified to handle the work assigned.

C. All legal services shall be coordinated under the direction of the City Manager (or his/her designee) and the City Council. Nothing in this Agreement shall be construed in any manner as limiting the ultimate and absolute discretion of the City Council, at any time, to assign or reassign matters to or from the Firm.

I
Exhibit 2 718

3. CITY DUTIES
The City agrees to provide such information, assistance, cooperation, and access to books, records, and other information as is necessary for the Firm to effectively render its professional services under this Agreement. To the extent the City desires services to be rendered on site, the City, at the City's expense, will make available sufficient office space, furniture, telephones, computers, facsimile machines, and secretarial support, as approved by the City Manager (or his/her designee), as may be necessary therefor. The City further agrees to abide by this Agreement, and to timely pay the Firm's bills for fees, costs, and expenses, as established by this Agreement. However, nothing in this section, or any other part of this Agreement, shall be construed in any manner as limiting the ultimate and absolute discretion of the City Council, at any time, to assign or reassign matters to ox from the Firm.

4. PERSONNEL
• 6
Except as provided in Section 1, above, the Firm will exercise its discretion to utilize whichever attorney(s) (and staff) it determines to be best suited to provide legal services under this Agreement, consistent with the competent and efficient rendering of legal services, and with a view toward rendering such services in an economically efficient manner, S. COMPENSATION
The Firm agrees to provide all the foregoing legal services at the following hourly rates:

Personnel Rate
Partner
Of Counsel
Associate
Paralegal
Clerk
Attorneys bill in increments of one -tenth of an hour.

6. COSTS AND OTHER CHARGES
$200.00
$200.00
$195.00
$100.00
$90.00
The Firm may incur various costs and expenses in rendering the legal services required by this Agreement, which, if customary and necessary for the performance of legal services hereunder, shall be reimbursable by the City, Those costs and expenses are described in more detail in Exhibit A. All clerical services, ordinary travel costs (e.g., from the Firm's office to court or the City Office) are included within the rates set forth above, and there shall be no additional charges for such expenses. The City agrees to reimburse the Firm for expenses such as expert or consultant fees, or litigation expenses such as court reporters, which shall be passed through to the City at the actual costs thereof. Reimbursable costs shall not include any 2 Exhibit 2 719

overhead or administrative charge by the Firm or the Firm's cost of equipment or supplies except as provided herein.

The Firm may determine it necessary or appropriate to use one or more outside investigators, consultants, or experts in rendering the legal services required (particularly if a matter goes into litigation). The City will be responsible for paying such fees and charges. The Firm will not, however, retain the services of any outside investigators, consultants, or experts without the prior agreement of the City Manager (or his/her designee). The Firm will select any investigators, consultants, or experts to be hired only after consultation with the City Council.

Extraordinary travel expenses, including transportation, meals, and lodging, when incurred on behalf of the client, shall be reimbursed by the City only with the prior agreement of the City Council.

Finally, periodically, when on -site, the Firm personnel may be required to make local and long-distance telephone calls, or make photocopies, or incur other expenses on behalf of the City as well as other clients. The Firm will not be charged for such expenses and, in exchange, will not charge the City for calls made from our office or other locations to the City.

7. STATEMENTS AND PAYMENT
The Firm shall render to the City a statement for fees, costs, and expenses incurred on a periodic basis (generally monthly). Such statement(s) shall indicate the basis of the fees, including the hours worked, the hourly rate(s), and a brief description of the work performed.

Separate billing categories can be established to track costs associated with City funding categories or to track project costs, or for such other basis as the City may direct, Reimbursable costs shall be separately itemized.

Payments shall be made by the City within thirty (30) days of receipt of the statement, except for those specific items on an invoice which are contested or questioned and are returned by the City with a written explanation of the question or contest, within thirty (30) days of receipt of the invoice. Payments made more than thirty (30) days after the due date shall draw interest at the legal rate.
ii
R
Ln

8. INDEPENDENT CONTRACTOR
The Firm shall perform all legal services required under this Agreement as an independent contractor of the City, and shall remain, at all times as to the City, a wholly independent contractor with only such obligations as are required under this Agreement. Neither the City, nor any of its employees, shall have any control over the manner, mode, or means by which the Firm, its agents or employees, render the legal services required under this Agreement, except as otherwise set forth. The City shall have no voice in the selection, discharge, supervision or control of the Firm's employees, servants, representatives, or agents, or in fixing their number, compensation, or hours of service.
3 Exhibit 2
720

11 II

9. INSURANCE
The Firm shall maintain professional liability insurance during the term of this Agreement and any extensions thereof. The Firm's current professional liability insurance policy limits are Three Million Dollars ($3,000,000,00) per claim and Three Million Dollars ($3,000,000.00) aggregate.

10. INDEMNIFICATION
ii
The Firm agrees to indemnify, defend andhold harmless the City, its officers, employees and agents, against any and all actions, suits, claims, damages to persons or property, losses, costs, penalties, obligations, errors, omissions or liabilities (herein "claims or liabilities") that may be asserted or claimed by any person, firm or entity arising out of or in connection with the work, operations or activities of the Finn, its agents, employees, subcontractors, or invitees, provided for herein or arising from the acts or omissions of the Firm hereunder, or arising from the Firm's performance of or failure to perform any term, provision, covenant or condition of this Agreement, except to the extent such claims or liabilities arise from the negligence or willful misconduct of the City, its officers, agents or employees.

The City agrees to indemnify, defend and hold harmless Firm, its partners, officers, employees, agents, representatives, consultants, and contractors (collectively, "Indemnitees") from and against all third party allegations, claims, actions, suits, demands, damages, liabilities, obligations, losses, settlements, judgments, costs and expenses (including without limitation reasonable attorneys' fees and costs) arising out of, resulting from, or in connection with the services contemplated by this Agreement, except to the extent such claims or liabilities arise from the willful misconduct of Indemnitees.
1a1.. NOTICES
Notices required pursuant to this Agreement shall be given by personal service upon the Party to be notified, or by delivery of same into the custody of the United States Postal Service, or its lawful successor; postage prepaid and addressed as follows:

CITY:

FIRM:

City of Bell Gardens
7100 Garfield Avenue
Bell Gardens, CA 90201
Tel: (562) 806-7700
Attention: Philip Wagner, City Manager (or his/her designee) Olivarez Madruga Lemieux O'Neill, LLP
500 South Grand Avenue ---12th Floor
Los Angeles, CA 90071
Tel: (213) 744-0099
Fax: (213) 744-0093
Attention: Rick R. Olivarez
4 Exhibit 2 721

Service of a notice by personal service shall be deemed to have been given as of the date of such personal service. Notice given by deposit with the United States Postal Service shall be deemed to have been given two (2) consecutive business days following the deposit of the same in the custody of said Postal Service. Either Party hereto may, from time to time, by written notice to the other, designate a different address or person which shall be substituted for that specified above.

12. NON-DISCRIMINATION
In connection with the execution of this Agreement, the Firm shall not discriminate against any employee or applicant for employment because of race, religion, marital status, color, sex, handicap, sexual persuasion, or national origin. The Firm shall take affirmative action to ensure that applicants are employed, and that employees are treated fairly during their employment, without regard to their race, religion, color, sex, marital status, handicap, sexual persuasion, or national origin. Such actions shall include, but not be limited to the following:
employment, promotion, demotion, transfer, duties assignment; recruitment or recruitment advertising; layoff or termination, rates of pay or other forms of compensation; and selection for training, including apprenticeship.

13. TERM DISCHARGE AND WITHDRAWAL
This Agreement shall commence on the date it is executed by the City, and shall remain in full force and effect until terminated by either Party hereto. The City Council may discharge the Firm at any time. The Firm and the assigned personnel shall have no right to hearing or notice, and may be discharged with or without notice. The Firm may withdraw from the City's representation at any time, to the extent permitted by law, and the Rules of Professional Conduct, upon at least sixty -days' (60 -days') notice to the City Council.

In the event of such discharge or withdrawal, City will pay the Firm's professional fees and costs, in accordance with this Agreement, for all work done (and costs incurred) through the date of cessation of legal representation. The City agrees to execute, upon request, a stipulation in such form as to permit the Firm to withdraw as the City's attorneys of record in any legal action then pending. The Firm shall deliver all documents and records of the City to the City, or to counsel designated by the City, and assist to the fullest extent possible in the orderly transition of all pending matters to the City's new counsel.

14. CONFLICTS
The Firm has no present or contemplated employment which is adverse to the City. The Firm agrees it shall not represent clients in matters either involving litigation or non -litigation against the City. However, the Firm may have past and present clients or may have future clients, which, from time to time, may have interests adverse to the City, and the Firm reserves the right to represent such clients in matters not connected with its representation of the City.

If a potential conflict of interest arises in the Firm's representation of two clients, if such conflict is only speculative or minor, then the Firm shall seek waivers from each client with regard to such representation. However, if real conflicts exist, then the Firm would withdraw from representing either client in the matter, and assist them in obtaining outside legal counsel. 5 Exhibit 2 722

15. INTERPRETATION OF AGREEMENT AND FORUM
This Agreement shall be construed and interpreted both as to validity and performance of the Parties in accordance with the laws of the State of California. In the event of any dispute hereunder, forum shall be the Superior Court, Los Angeles County.

16. INTEGRATED AGREEMENT; AMENDMENT
This Agreement contains all of the agreement of the Parties and cannot be amended or modified except by written agreement. No prior oral or written understanding shall be of any. force or effect with respect to those matters covered in this Agreement. This Agreement may be amended at any time by the mutual consent of the Parties by an instrument in writing.

17. AUTHORITY
The persons executing this Agreement on behalf of the Parties hereto warrant they are duly authorized to execute this Agreement on behalf of said Parties and. that in so executing this Agreement the Parties hereto are formally bound to the provisions of this Agreement.

IN WITNESS WHEREOF, the Parties hereto have executed this Agreement as of the date of execution by the City.

Dated: •i ani'I, 2019
Dated:

CITY OF BELL GARDENS
By:

Philip Wagn . , City anager
, 2019 OLIVAREZ MADRUGA LEMIEUX O'NEILL, LLP
B
R. Olivarez, Partner
6 Exhibit 2 723

CITY OF BELL GARDENS

OFFICE OF THE CITY MANAGER

AGENDA REPORT
Item 16.

TO:

FROM:

BY:

SUBJECT:

DATE:

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

LOCAL COMMISSIONS APPOINTMENT LIST
December 11, 2023
RECOMMENDATION:

It is staff's recommendation that the City Council review the Commissions Appointments List and by motion, remove commissioners and/or make appointments to the posted vacancies.

BACKGROUND/DISCUSSION:

The Local Appointments List includes all Bell Gardens Commissions and Commissioners. The City Council adopted Ordinance No. 825 on July 13, 2009 establishing minimum requirements for service on commissions. All Commissioners must reside within the City of Bell Gardens and may only serve on one Commission at a time. Once appointed, each Commissioner must adhere to the requirements of the City's Conflict of Interest Code and state - mandated AB 1234 ethics training and AB 1661 harassment training.

Ordinance No. 825 allows each Council Member to remove or appoint one candidate per Commission, subject to the approval of the Council majority. Appointed Commission Members serve terms that coincide with the term of the Council Member who made the appointment.

CONCLUSION:

After an appointment is made, Commission members will receive their Oath of Office before beginning service with their respective Commission at the next regularly scheduled Commission meeting. The City Clerk's Office will arrange for the proper filing of Conflict of Interest Code forms and schedule trainings for AB 1234 and AB 1661.

FISCAL IMPACT:

No fiscal impact.

ATTACHMENTS:

Exhibit 1 - Commissioner Roster
Exhibit 2 - Notice of Vacancies
APPROVED ELECTRONICALLY BY:

Michael B. O'Kelly, City Manager
Stephanie Vasquez, City Attorney and/or Susie Altamirano, Assistant City Attorney Manuel Carrillo, Director of Finance and Administrative Services 724

CITY OF BELL GARDENS

ROSTER OF CITY COMMISSIONS
Updated 11/15/2023
NAME

APPOINTED BY

APPOINTMENT DATE
Kristina Paulo
Barcena
1/9/2023
Miguel Flores
Chavez
3/22/2021
Victoria Mirembe
Gomez
11/13/2023
Armando Barcena
Barcena
1/9/2023
Miguel De La Rosa
Chavez
1/11/2021
Gustavo Mendez
Gomez
8/28/2023
Oscar Boado
De Leon Sanchez
9/11/2023
Andrew Leon
Pulido
11/13/2023
Isabel Duron
Barcena
1/9/2023
Tiara Solorzano
Chavez
1/25/2021
Katelynn Cabrera
Gomez
10/23/2023
Cecilia Diaz -Jimenez
De Leon Sanchez
1/23/2023
Cindy Alvarado
Pulido
2/27/2023
Ana Maria Sanchez Flores
Barcena
1/9/2023
Diana Rivera
Chavez
1/9/2023
Stephanie Perez
De Leon Sanchez
1/23/2023
David Heredia
Barcena
1/9/2023
Carlos Jose Barrera
Chavez
1/11/2021
Raul Velasco
Gomez
10/9/2023
Hugo Alvarado
De Leon Sanchez
1/9/2023
Jayson Gavilanes
Pulido
1/11/2021
1g ➢it0113
725

City of Be11 Gardens

NOTICE OF COMMISSION

VACANCIES
The City Council is seeking applications for the following vacancies:

NAME

I APPOINTED I NOTICE

BY POSTED

EDUCATION COMMISSION

APPOINTMENT DATE
Kristina Paulo
Barcena
1/09/2023
Victoria M.

Gomez
11/13/2023
VACANT
Pulido 11/13/2023
Miguel Flores
Chavez
3/22/2021
VACANT
Sanchez 8/30/2023

PLANNING COMMISSION
Armando Barcena
Barcena 1/09/2023
Gustavo Mendez
Gomez 8/28/2023
Andrew Leon
Pulido 11/13/2023
Miguel De La Rosa
Chavez 1/11/2021
Oscar Boado
Sanchez 9/11/2023

RECREATION, CULTURAL AND YOUTH COMMISSION
Isabel Duron
Barcena 1/09/2023
Katelynn Cabrera
Gomez 10/23/2023
Cindy Alvarado
Pulido 2/27/2023
Tiara Solorzano
Chavez 1/25/2021
Cecilia Diaz -Jimenez
Sanchez 1/23/2023

SENIOR CITIZEN COMMISSION
Ana M Sanchez Flores
Barcena 1/09/2023
VACANT
VACANT
Gomez 7/5/2023
Pulido 12/17/2020
Diana Rivera
Chavez
1/09/2023
Stephanie Perez
Sanchez
1/23/2023

TRAFFIC AND SAFETY COMMISSION
David Heredia
Barcena
1/09/2023
Raul Velasco
Gomez
10/09/2023
Jayson Gavilanes
Pulido
1/11/2021
Carlos Jose Barrera
Chavez
1/11/2021
Hugo Alvarado
Sanchez
1/09/2023
Applicants must be residents of the City. No person previously convicted of a felony in this state or elsewhere shall be permitted to serve on any City Commission. Before assuming the duties of a commissioner, each person appointed shall take and file with the City Clerk the same constitutional oath of office required of members of the city council. Any member of a commission shall be deemed to have resigned from the commission, and his or her office as a member of the commission shall automatically vacated, in the event, the member ceases to be a resident of the City or is convicted of a felony. (Bell Gardens Municipal Code Sections 2.68.030, 2.28.030, 2.22.030, 2.35.030) Applications may be obtained from the City Clerk's Office: 7100 Garfield Ave, Bell Gardens, CA 90201.

Applications will be accepted in the City Clerk's Office on a continuous basis until an appointment is made.

Please call the City Clerk's Office at (562) 806-7705 for more information. vtJ
Daisy Gomez
City Clerk
Updated: 11/14/2023
Exhibit 2 726

CITY OF BELL GARDENS

OFFICE OF THE CITY MANAGER

AGENDA REPORT
Item 17.

TO:

FROM:

BY:

SUBJECT:

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

REORGANIZATION AND SELECTION OF MAYOR/CHAIRPERSON AND MAYOR PRO

TEMNICE CHAIRPERSON
DATE: December 11, 2023
RECOMMENDATION:

It is staff recommendation that the City Council by motion organize and select a Mayor/Chairperson and Mayor Pro Tem/Vice Chairperson at the first regular meeting in December per Bell Gardens Municipal Code 2.04.020(c) and Government Code 36801.

BACKGROUND/DISCUSSION:

Bell Gardens Municipal Code 2.04.020(c) and Government Code 36801 provides Council the option to organize and select a mayor/chairperson and mayor pro tem/vice chairperson at either: (1) the first regular meeting in December in odd -numbered years; (2) at the time designated by applicable provisions of the Government Code for even -numbered years; or (3) at such other time as a majority of the council shall so order.

On July 24, 2023, City Council unanimously voted Francis De Leon Sanchez for Mayor and Jorge! Chavez for Mayor Pro Tem to serve until the first meeting in December 2023.

At the next scheduled meeting, the City Council will have an opportunity to review and make changes to serve on an external committee as a representative behalf of the City of Bell Gardens. Of the fourteen (13) governing bodies, three (3) are mayor automatic delegate appointments, which will be effective from today's election.

CONCLUSION:

The mayor/chairperson and mayor pro tem/vice chairperson may be selected as scheduled at the first meeting in December.

FISCAL IMPACT:

No fiscal impact.

APPROVED ELECTRONICALLY BY:

Michael B. O'Kelly, City Manager
Stephanie Vasquez, City Attorney and/or Susie Altamirano, Assistant City Attorney Manuel Carrillo, Director of Finance and Administrative Services 727

0 (1

Cr)
0 The Dissolution Process
February 1, 2012, all redevelopment agencies
were dissolved, and successor agencies were
tasked with winding down operations
Dissolution process consist of:

Paying RDA obligations (via the ROPS)
Disposing RDA assets and properties
Managing projects currently underway, if any

ROPS 24-25
(July 1, 2024 - June 30, 2025)
List all SA obligations to be paid
Period is from July 1, 2024 - June 30, 2025
Approval must be received from Successor Agency, County Oversight Board, and State Department of Finance
The County Oversight Board is scheduled to meet on
January 8, 2024
Due February 1, 2024, to State Department of Finance
(DOF)

December 11, 2023 Successor Agency Meeting
ROPS 24-25 Obligations
Principle and Interest on Bonds:
.:. 2005 Series A (PA#1 and CC) - $282,456
•:• 2014 Refunding (Series ABC) - $1,486,954
Bond Trustee / Bond Reporting - $26,000
Maintenance of SA Owned Land - $15,000
Property Dissolution Consultant- $100,000

December 11, 2023 Successor Agency Meeting
ROPS 24-25 Obligations
(Continued)
Repayment of City Loans:

ROPS 24-25 calculated repayment amount - $769,139
Outstanding principal balance at December 31, 2023 -
$10,316,808
Accrued interest at December 31, 2023 - $16,212,719
Dissolution law provides a formula for the repayment of loans made by cities to their RDAs
20% of the repayment is deposited into the Low/Mod Housing fund Loans accrue simple interest at a rate of 3%
Annual Administrative Allowance - $250,000

December 11, 2023 Successor Agency Meeting,
Conclusion

← All documents from this meeting