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Agenda packet

Bell Gardens City Council
February 26, 2024

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Agenda packet
Meeting
February 26, 2024
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Bell Gardens City Council
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21
Original file
590 KB
Text extracted from the city's file for reading and search. Open the original on portal.laserfiche.com. That file is the official record.

CITY OF BELL GARDENS

CITY COUNCIL/SUCCESSOR AGENCY TO THE COMMUNITY

DEVELOPMENT COMMISSION

JOINT MEETING
i^ M O N DAY, F E B RUARY 26, 2024, 6:00 P M
AGENDA
a
LOCATION: CITY COUNCIL CHAMBERS, 7100 GARFIELD AVENUE, BELL GARDENS, CA90201 The meeting will be held at Bell Gardens City Hall in the Council Chambers. The public may attend the meeting in-person or virtually as instructed below. You may view the meeting live on the City's website at https://www.bellgardens.org/i-want-to/watch-city-council-meetings .

ACCESSIBILITY: If requested, the agenda and backup materials will be made available in appropriate alternative formats to persons with a disability, as required by Section 202 of the Americans with Disabilities Act of 1990 (42 U.S.C. Sec. 12132), and the federal rules and regulations adopted in implementation thereof. Any person who requires a disability-related modification or accommodation, in order to observe and/or offer public comment may request such reasonable modification, accommodation, aid, or service by contacting the City Clerk's office by telephone at 562-806-7704 or via email to [email protected] no later than 72-hours before the scheduled meeting.

PUBLIC PARTICIPATION: The members of the public may address the City Council / Agency Members on any item listed on the agenda or on matters which are not listed on the agenda but are within the subject matter jurisdiction of the City Council / Successor Agency. Public comments are limited to three (3) minutes per person for each designated public comment period(s). Public comments for non- agenda items will be limited to a total of 30 minutes. Public comments can be made by any of the following ways:

IN-PERSON: Members of the public can provide in-person comments at the podium in the Council Chamber. The Council Chambers will have seating available for members of the public to attend the meeting in person, subject to capacity limits. Public comments are limited to three (3) minutes for each designated public comment period(s) per speaker, unless a different time is announced by the presiding chair. Speakers who wish to address the City Council /Agency Members should do so by submitting a "Public Comment Card" card by 5:00 p.m. for Closed Session items and by 6:00 p.m. for all other designated public comment periods as listed.

BY TELEPHONE: Phone Number: (669)900-9128 Webinar I D: 813 3236 4343# Passcode: 2021# To address the City Council press *9 to raise your hand then *6 to unmute yourself when instructed.

VIRTUALLY LIVE: Members of the public may participate via Zoom by https://zoom.us/join and entering the Zoom Meeting I D: 813 3236 4343 Passcode: 2021
Comments may also be made via the Zoom app by using the "Raise Hand" feature when it is your turn to speak the host will unmute you. Comments will not be accepted in the QandA Chat function of the zoom app.

WRITTEN COMMENTS: Public comments may be emailed to [email protected] or mailed to: City Clerk's Office, 7100 Garfield Ave., Bell Gardens, CA 90201. To ensure distribution to the members of the City Council /Agency Members prior to consideration of the agenda, please submit 1 comments no later than one (1) hour prior to the meeting. Those comments, as well as any comments received after, will be distributed to the members of the City Council /Successor Agency and will be part of the official public record of this meeting.

For more information, you may contact the City Clerk's office during regular business hours 7:30 a.m. to 6:00 p.m., Monday through Thursday at (562) 806-7704.

PUBLIC HEARING: Public participation will be separately called for the public to provide comments at the time of each public hearing item. Speakers who wish to provide a comment should do so by submitting a "Public Comment Card" to the staff liaison, clerk, prior to the designated public comment period.

CALL TO ORDER

INVOCATION

PLEDGE OF ALLEGIANCE

ROLL CALL OF CITY COUNCIL MEMBERS / SUCCESSOR AGENCY TO THE COMMUNITY

DEVELOPMENT COMMISSION MEMBERS
Gabriela Gomez, Council Member/Agency Member
Maria Pulido, Council Member/Agency Member
Francis De Leon Sanchez, Council Member/Agency Member
Marco Barcena, Mayor Pro Tern /Vice Chair
Jorgel Chavez, Mayor/Chair

PRESENTATIONS
• WOMEN'S HISTORY MONTH
• CERTIFICATE OF RECOGNITION - NMS WAFFLE AND GRILL

PUBLIC COMMENTS ON NON-AGENDA ITEMS UNDER THE SUBJECT MATTER

JURISDICTION OF THE CITY COUNCIL/SUCCESSORAGENCY
During this time, the members of the public may address the City Council / SuccessorAgency regarding any items within the subject matter jurisdiction of the City Council / Successor Agency. Public comments are limited to 3 minutes per person subject to an overall 30-minute period for non-agenda items.

Government Code Section 54590 prohibits the City Council / Successor Agency from taking action or engaging in discussion on a specific item unless it appears on the agenda.

PUBLIC COMMENTS ONAGENDAITEMS ONLY
During this time, the members of the public may address the City Council /Agency Members regarding any items listed on the agenda. Public comments are limited to 3 minutes per person.

CITY MANAGER'S REPORT
CONSENT CAL E N DAR (item Nos. 1 -9)
All matters listed under the Consent Calendar are considered to be routine and can be acted on by one roll call vote. There will be no separate discussion of these items unless members of the City Council / Successor Agency request specific items to be removed from the Consent Calendar for separate action. 2 Items called for separate discussion will be heard as the next order of business.

1. GENERAL MOTION TO WAIVE FULL READING AND APPROVE ORDINANCES BY TITLE ONLY PURSUANT TO CALIFORNIA GOVERNMENT CODE SECTION 36934 In order to expedite the conduct of business at City Council meetings, California State Law (California Government Code Section 36934) allows Ordinances to be read by title if a majority of the legislative body supports the motion to waive the full reading.

Recommendation:

It is staff's recommendation that the City Council approve a general motion to waive full reading and approve Ordinances by title only pursuant to California Government Code Section 36934.

2. APPROVAL MINUTES OF FEBRUARY 12, 2024 CITY COUNCIL CLOSED SESSION AND

CITY/SUCCESSOR AGENCY JOINT MEETINGS
Approve the minutes of the February 12, 2024 City Council Closed Session and City/Successor Agency Joint Meetings.

Recommendation:

It is staff's recommendation that the City Council approve the minutes of the February 12, 2024 Closed Session and City/Successor Agency Joint Meetings.

3. WARRANT REGISTERS AND WIRE TRANSFERS
In approving the action of receiving and filing the warrant registers, the official minutes of the Bell Gardens City Council should state that each individual member of the City Council is not voting on, influencing the outcome of, or participating in approving, accepting, receiving or filing any warrant which bears the name of the same council member, or pays for any costs or expenses, or otherwise benefits the same named council member. Each council member will not be participating, influencing or voting on any such warrant bearing their name or which benefits the same named council member, but with that exception is voting in favor of receiving and filing all other warrants contained in this report, unless otherwise noted on the record at the time of the approval of the action required by this report.

Recommendation:

It is staff's recommendation that the City Council receive and file the warrant registers, wire transfers, and net payrolls dated 01/23/2024, 01/25/2024, 01/30/2024 and 02/06/2024.

4. WARRANT REGISTER SUCCESSORAGENCY
In approving the action of receiving and filing the warrant registers, the official minutes of the Successor Agency should state that each individual member of the Successor Agency is not voting on, influencing the outcome of, or participating in approving, accepting, receiving or filing any warrant which bears the name of the same Successor Agency Member, or pays for any costs or expenses, or otherwise benefits the same named Successor Agency Member. Each Successor Agency Member will not be participating, influencing or voting on any such warrant bearing their name or which benefits the same named Successor Agency Member, but with that exception is voting in favor of receiving and filing all other warrants contained in this report, unless otherwise noted on the record at the time of the approval of the action required by this report.

Recommendation:

It is staff's recommendation that the Successor Agency Members receive and file the warrant register dated 02/06/24.

5. J AN UARY 2024 T REAS U RE R'S REPORT
3 The Treasurer's Report is a list of cash, investment portfolio and restricted bond cash held by the City.

Recommendation:

It is recommended that the City Council receive, approve, and file the January 2024 Treasurer's Report.

6. AWARD OF PROFESSIONAL SERVICES AGREEMENT FOR AS-NEEDED BUILDING

INSPECTION AND PLAN CHECK SERVICES
Award of professional services agreement for as-needed building inspection and plan check services.

Recommendation:

It is staff's recommendation that the City Council:

1. Adopt the attached Resolution;

2. Authorize the City Manager to execute a Professional Services Agreement with BPR Consulting Group, LLC to provide as-needed building inspection and plan check services, subject to City Attorney approval as to form; and

3. Appropriate $100,000.00 to fund as-needed services through Fiscal Year 2023-2024.

7. APPROVAL OF SAFE STREETS AND ROADS FOR ALL PROGRAM FUNDING

AGREEMENT
Consideration of a Resolution approving a Safe Streets and Roads for All Program Funding Agreement with the Los Angeles County Metropolitan Transportation Authority.

Recommendation:

It is staff's recommendation that the City Council:

1. Adopt the attached Resolution approving the Safe Streets and Roads for All Program Funding Agreement with the Los Angeles County Metropolitan Transportation Authority;

2. Authorize the City Manager to execute the Safe Streets and Roads for All Program Funding Agreement; and

3. Appropriate $50,132.25 of Gas Tax funds as the City's local match.

8. INSTALLATION OF SPEED HUMPS ON IRA AVENUE BETWEEN CLARA STREET AND

GOTHAM STREET
Consideration of the installation of speed humps on Ira Avenue between Clara Street and Gotham Street.

Recommendation:

It is staff's recommendation that the City Council authorize the installation of two speed humps on I ra Avenue between Clara Street and Gotham Street.

9. ACCEPTANCE OF VARIOUS ALLEY IMPROVEMENTS PROJECT (CIP NO. 3930) AS

COMPLETE
Consideration of acceptance of the Various Alley Improvements Project as complete.

Recommendation:

It is staff's recommendation that the City Council:

1. Accept the Various Alley I mprovements Project (C I P No. 3930) as complete; and

2. Authorize staff to file the Notice of Completion.

DISCUSSION (Item Nos. 10 - 12)

10. LOCAL COMMISSIONS APPOINTMENT LIST
4 The Local Commissions Appointments List outlines the City of Bell Gardens Commissions and Commissioners. Per the Bell Gardens Municipal Code, City Commissions consist of Bell Gardens residents appointed by each member of the City Council. Council Members may remove commissioners during any regular City Council meeting and may appoint commissioners following 10 working days after the posting of the vacancy notice.

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.

11. NATIONAL BIKE DAY EVENT AND BICYCLE MARKING IMPROVEMENTS Review of event logistics and details for the National Bike Day Event and Bicycle Marking I mprovements.

Recommendation:

It is staff's recommendation that the City Council receive and file this report.

12. CONSIDERATION AND POSSIBLE APPROVAL OF CITY MANAGER EMPLOYMENT

AGREEMENT WITH CITY FOR CONTINUED APPOINTMENT OF EMPLOYEE AS CITY

MANAGER
Pending Closed Session Discussion and Deliberation City Council will consider and possibly approve the City Manager Employment Agreement with the City.

Recommendation:

It is recommended that the City Council approve an employment agreement with City Manager, Michael B. O'Kelly for continued City Manager employment to be made available to the public before consideration of this agenda item. The salient terms of the employment agreement will be disclosed to the public before approval of this item, as required by Government Code Section 54953(c)(3).

CITY COUNCIL/SUCCESSORAGENCY MEMBER COMMENTS

ADJOURNMENT
Daisy Gomez, City Clerk
Agenda posted on February 22, 2024.
5 CITY OF BELL GARDENS

OFFICE OF THE CITY MANAGER
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AGENDAREPORT
Item 1.

TO: Honorable Mayor and City Council Members
FROM: Michael B. O'Kelly, City Manager
BY: Daisy Gomez, City Clerk
SUBJECT: GENERAL MOTION TO WAIVE FULL READING AND APPROVE ORDINANCES BY TITLE ONLY PURSUANT TO CALIFORNIA GOVERNMENT CODE SECTION 36934 DATE: February 26, 2024
RECOMMENDATION:

It is staff's recommendation that the City Council approve a general motion to waive full reading and approve Ordinances by title only pursuant to California Government Code Section 36934.

BACKGROUND/DISCUSSION:

In order to expedite the conduct of business at Council meetings, California State Law(California Government Code Section 36934) allows Ordinances to be read by title if a majority of the Council supports the motion waiving the full reading. Most California cities adopt a standard motion at the beginning of each meeting in order to effectuate this waiver.

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

CONCLUSION:

Allowing ordinances to be read by title only, according to California State Law, will expedite the conduct of business at Council Meetings.

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 6 CITY OF BELL GARDENS

OFFICE OF THE CITY MANAGER
f b .

AGENDAREPORT
Item 2.

TO: Honorable Mayor and City Council Members
FROM: Michael B. O'Kelly, Executive Director
BY: Daisy Gomez, City Clerk
SUBJECT: APPROVAL MINUTES OF FEBRUARY 12, 2024 CITY COUNCIL CLOSED SESSION AND

CITY/SUCCESSOR AGENCY JOINT MEETINGS
DATE: February 26, 2024
RECOMMENDATION:

It is staff's recommendation that the City Council approve the minutes of the February 12, 2024 Closed Session and City/Successor Agency Joint Meetings.

BACKGROUND/DISCUSSION:

Every Closed Session and City/Successor Agency Joint Meetings the City Clerk documents the actions made by the Agency Members/City Council.

CONCLUSION:

If approved, the minutes of the Closed Session and City/Successor Agency Joint Meetings will be archived in the City Clerk's Office.

FISCAL IMPACT:

No fiscal impact.

ATTACHMENTS:

Exhibit 1 - Minutes of February 12, 2024 Regular City Council/Successor Agency Joint Meeting Exhibit 2 - Minutes February 12, 2024 Closed Session
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 7 CITY OF BELL GARDENS

CITY COUNCIL/SUCCESSOR AGENCY TO THE COMMUNITY

DEVELOPMENT COMMISSION

JOINT MEETING
i^ M O N DAY, F E B RUARY 12, 2024, 6:00 P M

MINUTES
a
LOCATION: CITY COUNCIL CHAMBERS, 7100 GARFIELD AVENUE, BELL GARDENS, CA90201 PUBLIC PARTICIPATION: The members of the public may address the City Council / Agency Members on any item listed on the agenda or on matters which are not listed on the agenda but are within the subject matter jurisdiction of the City Council / Successor Agency. Public comments are limited to three (3) minutes per person for each designated public comment period(s). Public comments for non- agenda items will be limited to a total of 30 minutes. Public comments can be made by any of the following ways:

IN-PERSON: Members of the public can provide in-person comments at the podium in the Council Chamber. The Council Chambers will have seating available for members of the public to attend the meeting in person, subject to capacity limits. Public comments are limited to three (3) minutes for each designated public comment period(s) per speaker, unless a different time is announced by the presiding chair. Speakers who wish to address the City Council /Agency Members should do so by submitting a "Public Comment Card" card by 5:00 p.m. for Closed Session items and by 6:00 p.m. for all other designated public comment periods as listed.

BY TELEPHONE: Phone Number: (669)900-9128 Webinar I D: 813 3236 4343# Passcode: 2021# To address the City Council press *9 to raise your hand then *6 to unmute yourself when instructed.

VIRTUALLY LIVE: Members of the public may participate via Zoom by https://zoom.us/join and entering the Zoom Meeting I D: 813 3236 4343 Passcode: 2021
Comments may also be made via the Zoom app by using the "Raise Hand" feature when it is your turn to speak the host will unmute you. Comments will not be accepted in the QandA Chat function of the zoom app.

WRITTEN COMMENTS: Public comments may be emailed to [email protected] or mailed to: City Clerk's Office, 7100 Garfield Ave., Bell Gardens, CA 90201. To ensure distribution to the members of the City Council /Agency Members prior to consideration of the agenda, please submit comments no later than one (1) hour prior to the meeting. Those comments, as well as any comments received after, will be distributed to the members of the City Council /Successor Agency and will be part of the official public record of this meeting.

For more information, you may contact the City Clerk's office during regular business hours 7:30 a.m. to 6:00 p.m., Monday through Thursday at (562) 806-7704.

PUBLIC HEARING: Public participation will be separately called for the public to provide comments at the time of each public hearing item. Speakers who wish to provide a comment should do so by submitting a "Public Comment Card" to the staff liaison, clerk, prior to the designated public comment period.

Exhibit 1 8

CALL TO ORDER
The Council Members of the City of Bell Gardens City Council/Successor Agency held a Joint Regular meeting on February 12, 2024, in the Council Chambers, 7100 Garfield Avenue, Bell Gardens, CA with Mayor Jorgel Chavez presiding. Mayor Jorgel Chavez called the joint meeting to order at 6:11 p.m.

INVOCATION
The invocation was given by Minister Daniel Anguiano.

PLEDGE OF ALLEGIANCE
The Pledge of Allegiance was led by City Manager Michael O'Kelly.

ROLL CALL OF CITY COUNCIL MEMBERS / SUCCESSOR AGENCY TO THE COMMUNITY

DEVELOPMENT COMMISSION MEMBERS

Present:

Gabriela Gomez, Agency Member/Council Member
Francis De Leon Sanchez, Agency Member/Council Member
Marco Barcena, Vice Chair/Mayor Pro Tern
Jorgel Chavez, Chair/Mayor

Absent:

Maria Pulido,Agency Member/Council Member

PRESENTATIONS
• GATEWAY CITIES COUNCIL OF GOVERNMENTS ENERGY ACTION AWARD Hector De La Torre, Executive Director of the Gateway Cities Council of Governments, provided a brief presentation and presented an award to the City of Bell Gardens. • RECOGNIZING BLACK HISTORY MONTH
Mayor Jorgel Chavez read the certificate of recognition.

PUBLIC COMMENTS ON NON-AGENDA ITEMS UNDER THE SUBJECT MATTER

JURISDICTION OF THE CITY COUNCIL/SUCCESSORAGENCY
City Clerk Daisy Gomez announced that there were no comments provided.

PUBLIC COMMENTS ONAGENDAITEMS ONLY
City Clerk Daisy Gomez announced that there were eleven (11)written comments received.

Michelle Pinion spoke in support of Item Nos. 9 and 11.

Jocelyn Del Real spoke in support of Item Nos. 9 and 11.

Exhibit 1 9

Mirna Torres provided documentation distributed to the full Council and spoke in favor to modify Ordinance No. 925.

Melody Cuevas spoke in opposition to rent stabilization.

Margarita Revuelta spoke in support to rent stabilization as is.

Cassandra spoke in support to rent stabilization as is.

Maria Martinez spoke in support to rent stabilization as is.

Jesus Rojas spoke in support to modify Ordinance No. 925.

Brook Ervin spoke in support to rent stabilization as is.

Jose Sanchez spoke in support to rent stabilization as is.

Irma Lopez spoke in support to modify Ordinance No. 925.

Ciro Alvarez spoke in support to modify Ordinance No. 925.

Rogelio Rodriguez spoke in support to modify Ordinance No. 925.

Norma Cabral spoke in support to modify Ordinance No. 925.

Lilia Chavez spoke in support of rent stabilization as is.

Abraham Rios spoke in support to modify Ordinance No. 925.

Raul Nevarez spoke in support to modify Ordinance No. 925.

Gladis Velazquez spoke in support to modify Ordinance No. 925.

Guadalupe Medina Urias spoke in support of rent stabilization as is.

Raul Godinez spoke in support to modify Ordinance No. 925.

Doris Serrano spoke in support of rent stabilization as is.

Martin Hernandez spoke in support to modify Ordinance No. 925.

Nicolas Patino-Villalpando spoke in support of rent stabilization as is.

Linda Castellanos spoke in support to modify Ordinance No. 925.

Omar spoke in support to modify Ordinance No. 925.

Catalina spoke in support to modify Ordinance No. 925.

Exhibit 1 10

Jonathan Jager spoke in support of rent stabilization as is.

CITY MANAGER'S REPORT
City Manager Michael O'Kelly provided a brief report.

CONSENT CAL E N DAR (item Nos. 1 -9)
All matters listed under the Consent Calendar are considered to be routine and can be acted on by one roll call vote. There will be no separate discussion of these items unless members of the City Council / Successor Agency request specific items to be removed from the Consent Calendar for separate action.

Items called for separate discussion will be heard as the next order of business.

A motion was made by Mayor Pro Tern Marco Barcena seconded by Councilmember Gabriela Gomez to approve Consent Calendar Item Nos. 1 -9.

The motion carried 4-0-1 with the following vote for Item Nos. 1 - 8:

AYES: Gomez, Sanchez, Barcena, Chavez
NOES: None
ABSENT: Pulido
ABSTAI N: None
The motion carried 3-1-1 with the following vote for Item No. 9:

AYES: Gomez, Barcena, Chavez
NOES: Sanchez
ABSENT: Pulido
ABSTAI N: None

1. GENERAL MOTION TO WAIVE FULL READING AND APPROVE ORDINANCES BY TITLE ONLY PURSUANT TO CALIFORNIA GOVERNMENT CODE SECTION 36934 In order to expedite the conduct of business at City Council meetings, California State Law (California Government Code Section 36934) allows Ordinances to be read by title if a majority of the legislative body supports the motion to waive the full reading.

Recommendation:

It is staff's recommendation that the City Council approve a general motion to waive full reading and approve Ordinances by title only pursuant to California Government Code Section 36934.

2. APPROVAL MINUTES OF JANUARY 22, 2024 CITY COUNCIL CLOSED SESSION AND

CITY/SUCCESSOR AGENCY JOINT MEETINGS
Approve the minutes of the January 22, 2024 City Council Closed Session and City/Successor Agency Joint Meetings.

Recommendation:

It is staff's recommendation that the City Council approve the minutes of the January 22, 2024 Closed Session and City/Successor Agency Joint Meetings.

3. WARRANT REGISTERS AND WIRE TRANSFERS
Exhibit 1 11

In approving the action of receiving and filing the warrant registers, the official minutes of the Bell Gardens City Council should state that each individual member of the City Council is not voting on, influencing the outcome of, or participating in approving, accepting, receiving or filing any warrant which bears the name of the same council member, or pays for any costs or expenses, or otherwise benefits the same named council member. Each council member will not be participating, influencing or voting on any such warrant bearing their name or which benefits the same named council member, but with that exception is voting in favor of receiving and filing all other warrants contained in this report, unless otherwise noted on the record at the time of the approval of the action required by this report.

Recommendation:

It is staff's recommendation that the City Council receive and file the warrant registers, wire transfers, and net payrolls dated 01/11/2024 and 01/16/2024.

4. WARRANT REGISTER SUCCESSORAGENCY
In approving the action of receiving and filing the warrant registers, the official minutes of the Successor Agency should state that each individual member of the Successor Agency is not voting on, influencing the outcome of, or participating in approving, accepting, receiving or filing any warrant which bears the name of the same Successor Agency Member, or pays for any costs or expenses, or otherwise benefits the same named Successor Agency Member. Each Successor Agency Member will not be participating, influencing or voting on any such warrant bearing their name or which benefits the same named Successor Agency Member, but with that exception is voting in favor of receiving and filing all other warrants contained in this report, unless otherwise noted on the record at the time of the approval of the action required by this report.

Recommendation:

It is staff's recommendation that the Successor Agency Members receive and file the warrant register dated 01/16/24.

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

CALIFORNIA, UPDATING THE CITYWIDE CLASSIFICATION AND COMPENSATION

PLAN AND APPROVING A BUDGET APPROPRIATION TO ESTABLISH /AMEND STAFF

POSITIONS IN THE COMMUNITY DEVELOPMENT DEPARTMENT FOR THE

IMPLEMENTATION OF THE RENT STABILIZATION AND TENANT EVICITION PROTECTIONS PROGRAM AS ESTABLISHED BY ORDINANCE NO. 925 Adopt the updated Citywide Classification and Compensation plan and approval of Class Specifications in the Community Development Department to properly support and implement the Bell Gardens Rent Stabilization Program as established by Ordinance No. 925.

Recommendation:

It is recommended that the City Council:

1. Establish the positions of Housing Specialist 11, Housing Programs Supervisor, and Housing I nspector/Code Enforcement Officer;

2. Amend the title of Director of Community Development to Deputy City Manager/ Director of Community Development;

3. Update the job specification of Housing Specialist to reflect updated chain-of-command; and

4. Adopt the attached Resolution establishing the salary range of the newly established positions and reflecting recommended position title amendments.

Resolution No. 2024-06 was approved.

Exhibit 1 12

6. APPROVAL OF PLANS AND SPECIFICATIONS AND AUTHORIZATION TO SOLICIT

BIDS FOR THE SOIL REMEDIATION PROJECT AT THE FORMER BERK OIL SITE (CIP NO. 3927
The plans and specifications for the Soil Remediation Project at the former Berk Oil Site have been prepared. Approval of this item will allow the City to advertise the project for bids.

Recommendation:

It is staff's recommendation that the City Council:

1. Approve plans and specifications for the Soil Remediation Project at the former Berk Oil Site; and

2. Authorize staff to solicit competitive bids and publish the Notice Inviting Sealed Bids.

7. AWARD OF PROFESSIONAL SERVICES AGREEMENT FOR MUNICIPAL ENGINEERING

SERVICES
Consideration of a Resolution to approve a Professional Services Agreement with Bowman Infrastructure Engineers Ltd. for Municipal Engineering Services.

Recommendation:

It is staff's recommendation that the City Council:

1. Adopt the attached Resolution; and

2. Authorize the City Manager to execute a Professional Services Agreement with Bowman Infrastructure Engineers Ltd. (Bowman Infrastructure) for ongoing as-needed Municipal Engineering Services, subject to City Attorney approval as to form.

Resolution No. 2024-07 was approved.

8. CALIFORNIA OFFICE OF EM ERGENCY SERVICES ALLOTM ENT APPROVAL The California 9-1-1 Emergency Communications Branch awarded the Bell Gardens Police Department an allotment of funds from the Governor's Office, which oversees the California Office of Emergency Services (CAL OES). The funds are to be used to complete state mandated upgrades to the Police Department's Dispatch center.

Recommendation:

It is staff's recommendation that the City Council adopt the attached Resolution accepting funds from the California Office of Emergency Services (CAL OES) and appropriate these funds for use by the Bell Gardens Police Department.

Resolution No. 2024-08 was approved.

9. A RESOLUTION DECLARING A CLIMATE EMERGENCY AND ENDORCING THE CALL

FORAGLOBAL FOSSIL FUEL NON-PROLIFERATION TREATY
Approval of a Resolution declaring a climate emergency and endorsing the call for a global fossil fuel non-proliferation treaty.

Recommendation:

It is the staff's recommendation that the City Council adopt a Resolution declaring a climate emergency and endorsing the call for a global fossil fuel non-proliferation treaty.

Resolution No. 2024-09 was approved.

DISCUSSION (Item Nos. 10 - 11)
Exhibit 1 13

Mayor Jorgel Chavez recessed the meeting at 7:54 p.m. and reconvened the meeting at 8:05 p.m.

10. LOCAL COMMISSIONS APPOINTMENT LIST
The Local Commissions Appointments List outlines the City of Bell Gardens Commissions and Commissioners. Per the Bell Gardens Municipal Code, City Commissions consist of Bell Gardens residents appointed by each member of the City Council. Council Members may remove commissioners during any regular City Council meeting and may appoint commissioners following 10 working days after the posting of the vacancy notice.

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.

No action was taken.

11. UPDATE ON CITY RENT STABILIZATION AND TENANT EVICTION PROTECTIONS ORDINANCE (BGMC CHAPTERS 5.62AND 5.63)
Update on the City's Rent Stabilization and Tenant Eviction Protections Ordinance No. 925 pertaining to BGMC Chapters 5.62 and 5.63.

Recommendation:

It is staff's recommendation that the City Council discuss and consider one of the following actions:

1. Receive and file this report and take no further action; or

2. Direct staff to further analyze BGMC Chapters 5.62 and 5.63 and bring back recommended amendments at a noticed public hearing.

Gustavo Romo, Director of Community Development, provided a presentation.

A motion was made by Mayor Pro Tern Marco Barcena, seconded by Councilmember Gabriela Gomez to receive and file this item.

The motion carried 3-1-1 with the following vote:

AYES: Gomez, Barcena, Chavez
NOES: Sanchez
ABSENT: Pulido
ABSTAI N: None

CITY COUNCIL/SUCCESSOR AGENCY M EM BER COM M ENTS
Members of the Council and Successor Agency made community announcements and comments.

ADJOURNMENT
Mayor Jorgel Chavez adjourned the meeting at 8:40 p.m.

Daisy Gomez, City Clerk
Agenda posted on February 8, 2024.

Exhibit 1 14

CITY OF BELL GARDENS
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CITY COUNCIL

REGULAR MEETING - CLOSED SESSION
11�111!, MONDAY FEBRUARY 12 2024
5:00 PM

MINUTES
LOCATION: CITY COUNCIL CHAMBERS, 7100 GARFIELD AVENUE, BELL GARDENS, CA 90201 The meeting will be held at Bell Gardens City Hall in the Council Chambers. The public may attend the meeting in person or virtually as instructed below. You may view the meeting live on the City's website at https://www.bellgardens.org/i-want-to/watch-city-council-meetings .

ACCESSIBILITY: If requested, the agenda and backup materials will be made available in appropriate alternative formats to persons with a disability, as required by Section 202 of the Americans with Disabilities Act of 1990 (42 U.S.C. Sec. 12132), and the federal rules and regulations adopted in implementation thereof. Any person who requires a disability-related modification or accommodation, in order to observe and/or offer public comment may request such reasonable modification, accommodation, aid, or service by contacting the City Clerk's office by telephone at 562-806-7704 or via email to CityClerkDesk(d)-bellgardens.org no later than 72-hours before the scheduled meeting.

PUBLIC PARTICIPATION: The members of the public may address the City Council on any item listed on the agenda. Public comments are limited to three (3) minutes. Public comments for non- agenda items will be limited to a total of 30 minutes. Public comments can be made by any of the following ways:

IN-PERSON: Members of the public can provide in-person comments at the podium in the Council Chamber. The Council Chambers will have seating available for members of the public to attend the meeting in person, subject to capacity limits. Public comments are limited to (3) minutes per speaker, unless different time is announced by the presiding chair. Speakers who wish to address the City Council should do so by submitting a "Public Comment Card" by 5:00 pm.

BY TELEPHONE: Phone Number: (669)900-9128 Webinar ID: 813 3236 4343# Passcode: 2021# To address the City Council press *9 to raise your hand then *6 to unmute yourself when instructed.

VIRTUALLY LIVE: Members of the public may participate via Zoom by https://zoom.us/loin and entering the Zoom Meeting ID: 813 3236 4343 Passcode: 2021 Comments may also be made via the Zoom app by using the "Raise Hand" feature when it is your turn to speak the host will unmute you. Comments will not be accepted in the QandA Chat function of the zoom app.

WRITTEN COMMENTS: Public comments may be emailed to PublicComments(a)-bellgardens.org or mailed to: City Clerk's Office, 7100 Garfield Ave., Bell Gardens, CA 90201. To ensure distribution Exhibit 2 15

to the members of the City Council prior to consideration of the agenda, please submit comments no later than one (1) hour prior to the meeting. Those comments, as well as any comments received after, will be distributed to the members of the City Council and will be part of the official public record of this meeting.

For more information, you may contact the City Clerk's office during regular business hours 7.30 a.m. to 6.00 p.m., Monday through Thursday at (562) 806-7704.

CALL TO ORDER
The Council Members of the City of Bell Gardens City Council held a regular meeting on February 12, 2024, in the Council Chambers, 7100 Garfield Avenue, Bell Gardens, CA with Mayor Jorgel Chavez presiding at 5.11 p.m.

ROLL CALL OF CITY COUNCIL MEMBERS

Present: Gabriela Gomez, Agency Member/Council Member Francis De Leon Sanchez, Agency Member/Council Member
Marco Barcena, Vice Chair/Mayor Pro Tem
Jorgel Chavez, Chair/Mayor

Absent: Maria Pulido, Agency Member/Council Member

PUBLIC COMMENTS ON AGENDA ITEMS ONLY
City Clerk Daisy Gomez announced that there were no written comments and no public comments were provided.

CLOSED SESSION (Item Nos. 1 - 3):

City Attorney Stephanie Vasquez announced the Closed Session items. The City Council recessed into closed session at 5.12 p.m. to discuss the items listed on the agenda.

1. CONFERENCE WITH LEGAL COUNSEL ANTICIPATED LITIGATION -

SIGNIFICANT EXPOSURE TO LITIGATION PURSUANT TO GOVERNMENT CODE SECTION 54956.9 SUBDIVISION (D)(2)
One (1) Matter

2. PURSUANT TO GOVERNMENT CODE SECTION 54957 — ANNUAL PUBLIC

EMPLOYEE PERFORMANCE EVALUATION PURSUANT TO TERMS OF

AGREEMENT
Title: City Manager
Exhibit 2 16

3. PURSUANT TO GOVERNMENT CODE SECTION 54957.6 - CONFERENCE

WITH LABOR NEGOTIATOR
City Designated Representative: Stephanie Vasquez, City Attorney Unrepresented Employee: City Manager

CLOSED SESSION REPORT
The City Council reconvened to open session at 6:09 p.m., City Attorney Stephanie Vasquez announced that there was no reportable action.

ADJOURNMENT
Mayor Jorgel Chavez adjourned the meeting at 6:11 p.m.

Daisy Gomez, City Clerk
Agenda was posted on February 8, 2024.

Exhibit 2 17

CITY OF BELL GARDENS

OFFICE OF THE CITY MANAGER
f b .

AGENDAREPORT
Item 3.

TO: Honorable Mayor and City Council Members
FROM: Michael B. O'Kelly, City Manager
BY: Manuel Carrillo, Director of Finance &Administrative Services SUBJECT: WARRANT REGISTERS AND WIRE TRANSFERS
DATE: February 26, 2024
RECOMMENDATION:

It is staff's recommendation that the City Council receive and file the warrant registers, wire transfers, and net payrolls dated 01/23/2024, 01/25/2024, 01/30/2024 and 02/06/2024.

BACKGROUND/DISCUSSION:

The attached warrant registers, wire transfers, and net payrolls are for 01/23/2024, 01/25/2024, 01/30/2024 and 02/06/24. The warrant registers, wire transfers, and net payrolls reflect the financial obligations of the City for the above referenced dates.

CONCLUSION:

If the recommendation to the City Council is approved, then the warrant registers, wire transfers, and net payrolls dated 01/23/2024, 01/25/2024, 01/30/2024 and 02/06/2024 will be received and filed.

FISCAL IMPACT:
ainrai nL a a� osLeir II/) /) )zf 188981. 1189072.. a zIi-7 68 68 .. °III otWI 1Bank .... 47' 1 6 6 ..

Warrant r fa qusLeir 11/ /) )zf 189073 18911.511. �§§2,487.5 III otWI 1Bank.... �4,MZ111 4 ..
et a° II II Lu°.irn 1'a u° II/)!5/) )zf 5 :ll 629A8 III"otWII VouuucIIheir 111 49111„�51501,96
Mu°urainL aa� osLeir 2/06/202zll 1891.52 11892118 ��§Q 26 ..

III otWII 1Bank .... 555 6015 6 ..

Grand III otWI VouuucIIheir
ATTACHMENTS:

Exhibit 1-Warrant Register
APPROVED ELECTRONICALLY BY:
18 Michael B. O'Kelly, City Manager
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CITY OF BELL GARDENS

OFFICE OF THE CITY MANAGER
f b .

AGENDAREPORT
Item 4.

TO: Honorable Mayor and City Council Members
FROM: Michael B. O'Kelly, City Manager
BY: Manuel Carrillo, Director of Finance &Administrative Services SUBJECT: WARRANT REGISTER SUCCESSORAGENCY
DATE: February 26, 2024
RECOMMENDATION:

It is staff's recommendation that the Successor Agency Members receive and file the warrant register dated 02/06/24.

BACKGROUND/DISCUSSION:

The attached warrant register is for 02/06/24. The warrant register reflects the obligation of the Successor Agency to the Community Development Commission (Successor Agency)for the above referenced date.

CONCLUSION:

If the recommendation to the SuccessorAgency Members is approved, then the warrant register dated 02/06/24 will be received and filed.

FISCAL IMPACT:

Warrant register 02/06/24 12942 $4,606.25
Total Voucher $4,606.25�
Gra..n.::d Tota.l Vo.u.c.h.e..rp...............................4,606 25 ATTACHMENTS:

Exhibit 1-Warrant Register SA
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 48 3 LA N Lo N N N
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CITY OF BELL GARDENS

OFFICE OF THE CITY MANAGER
f b .

AGENDAREPORT
Item 5.

TO: Honorable Mayor and City Council Members
FROM: Michael B. O'Kelly, City Manager
BY: Manuel Carrillo, Director of Finance and Administrative Services Jules Tak, Accounting Manager
SUBJECT: JANUARY 2024 TREASURER'S REPORT
DATE: February 26, 2024
RECOMMENDATION:

It is recommended that the City Council receive, approve, and file the January 2024 Treasurer's Report.

BACKGROUND/DISCUSSION:

The Treasurer's Report is a list of cash and investments held by the City as of January 31, 2024. Monthly reporting includes cash balances by fund and reconciled bank balances provided by Finance and Administrative Services.

CONCLUSION:

The January 31, 2024, Treasurer's Report has been presented to the City Council with a recommendation to receive, approve and file.

FISCAL IMPACT:

No fiscal impact.

ATTACHMENTS:

Exhibit 1 -Treasurer's Report January 2024
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 50 CITY OF BELL GARDENS

TREASURER'S REPORT FOR

CASH,INVESTMENT PORTFOLIO,

AND RESTRICTED BOND CASH
JANUARY 31,2024

CITY CASH
ACCOUNT INSTITUTION BALANCE RATE
MARKET-4823 BMO $ 21,286,251.12 1.00%
COMMON CHK-9658 BMO 894,523.63 1.00%
PAYROLL-4162 BMO 0.00 1.00%
LA CLEAR-6488 BMO 401,196.23 1.00%
TOTAL $ 22,581,970.98

CITY INVESTMENT

PERCENT
OF MAT. STATED
_ .....n _.. W ...... .. DATE RATE R BOOK VALUE FACE VALUE MARKET VALUE PORTFOLIO LOCAL AGENCY INVESTMENT FUNDS-065 $ 20,292,926 75 $ 2Q29 2,926.75 $ 20,292,926.75 100.00% N/A 1.772% ........................

TOTAL $ $ ' 0.00%
$ 20,292,926.75 20,292,926.75 20 292 926.75 10 CITY TOTAL CASH AND INVESTMENT $ 42,874,897.73
5 CASH WITH FISCAL AGENT-US BANK CORPORATE TRUST SERVICES RESTRICTED BOND—CASH _._. ,,.. .. m.......�. -
ACCOUNT NAME BOOK VALUE FACE VALUE MARKET VALUE RATE WATER REF.REV.BONDS SERIES 2004 Res-4003 398,438.35 398,438.35 398,438.35 0.000% WATER REF.REV.BONDS SERIES 2004 Rev-4000 1.60 1.60 1.60 0.000% WATER REF.REV.BONDS SERIES 2004 INT-4001 9.88 9.88 9.88 0.000% LEASE REV REF BONDS SERIES 2005 Res-8005 437,823.81 437,823.81 437,823.81 0.000% LEASE REV REF BONDS SERIES 2015A-7000 0.39 0.39 0.39 0.000% TOTAL $ 836,274.03 $ 836,274.03��$ — 836,274.03 Exhibit 1 51
1 of 4

CITY OF BELL GARDENS

TREASURER'S REPORT FOR

CASH,INVESTMENT PORTFOLIO,

AND RESTRICTED BOND CASH
JANUARY 31,2024
SUCCESSOR to CDC CASH
ACCOUNT INSTITUTION BALANCE RATE
MARKET-6703 BMO $ 1,046,407.62 1.00%
COMMON CHK-2703 BMO 3.08 1.00%
TOTAL $ 1,046,410.70
SUCCESSOR„to_CDC INVESTMENT

PERCENT DAYS
OF TO STATED
ISSUER BOOK VALUE FACE VALUE MARKET VALUE PORTFOLIO MAT. RATE LOCAL AGENCY INVESTMENT FUNDS-054 $ 660,635.39 $ 660,635.39 $ 660,635.39 100.00% NIA 1.772% TOTAL $ 660,635.39 $ 660,635.39 $ 660,635.39 100.00% TOTAL CASH AND INVESTMENT $ 1,707,046.09

ASH WITH FISCAL AGENT US BANK CORPORATE TRUST SERVICES RESTRICTED BOND CASH ACCOUNT NAME BOOK VALUE FACE VALUE MARKET VALUE RATE CDC TARR A/C 20
BOND P7 RED AR RES 14 A-3003 $ 0.00 $m o.00 $ o.00 _ o.00°i° " CDC TARR BOND CC RED AR RES A/C 2014 B-6003 615,007.75 615,007.75 615,007.75 0.00% CDC TARR BOND CC RED AR REV A/C 2014 B-6000 69,375.00 69,375.00 69,375.00 0.00% CDC 2ND SUB TARR B CC RES A/C 2014 C-7003 1,110,057.81 1,110,057.81 1,110,057.81 0.00% CDC 2ND SUB TARR B CC REV A/C 2014 C-7000 178,445.70 178,445.70 178,445.70 0.00% TOTAL $ 1,972886.26 $ 1,972,886.26 $ 1,972,886.26„ w,m ACCOUNT NAME _ BOOK VALUE FACE VALUE MARKET VALUE RATE �
FIN.AUTH.TRB REV AIC 2005 SERIES(A)-8000. $ 6.49 $ 6.49 $ . 6.49 0.00% FIN.AUTH.TRB RES A/C 2005 SERIES(A)PR 1-8004 193,952.44 193,952.44 193,952.44 0.00% FIN.AUTH. mm„ ....... 421,153.74m 421,153.74 0.00% TRB RES A/C 2005 SERIES(A)CC-7003 421 153.74
TOTAL $ 615,112.67 $ 615,112.67 $ 615,112.67 Exhibit 1 2oF2

CITY OF BELL GARDENS

TREASURER'S REPORT FOR

CASH,INVESTMENT PORTFOLIO,

AND RESTRICTED BOND CASH
JANUARY 31,2024
ACCOUNT ACTIVITY m,-wBY,TYPE

CITY CASH
BEGINNING + (-) ENDING
ACCOUNT _ INSTITUTION BALANCE DEPOSITS WITHDRAWALS BALANCE RATE MARKET-4823 BOW-BMO(Eff 9/5123) $ 17,470,958.07 $ 8,727,520.53 $ (4,912,227.48) $ 21,286,251.12 1.00% COMMON CHK-9658 BOW-BMO(Eff 915/23) 76,347.89 3,571,275.33 (2,753,099.59) 894,523.63 1.00% PAYROLL-4162 BOW-BMO(Eff 9/5123) 0.00 1,238,171.84 (1,238,171.84) 0.00 1.00% LA
� .. 13,663.70
, .. 0 fl ,970 23
AR-6488 BOW-BMO(Eff 915123) 387,54D 78 13,663 70 8 25 401 TOTAL $ 17,934,846 74 $ 13,550,63140 $ (8,903,50716) $ 22,581 970 98

CITY,INVESTMENT
(-)

WITHDRAWALS/
SALES/

MATURITIES
(+)(-)
+ CHANGES
BEGINNING DEPOSITS/ WITHIN ENDING STATED ISSUER BALANCE PURCHASES FUNDS BALANCE RATE LOCAL AGENCY INVESTMENT FUNDS-065 $ 20,091,088.57 $ 201,838.18 $ 0.00 $ 20,292,926.75 1.772% TOTAL $ $ $ ,292,926.75
$ p20,091,088.57 �201,838,78 0.00 20,�� �
CAS

H WITH FISCAL AGENT-US BANK CORPORATE TRUST SERVICES RESTRICTED BOND CASH —. _...... ...............
(-)
+ ADM.FEES/

INTEREST/ WITHDRAWALS/
BEGINNING DEPOSITS/ SALES/ ENDING
�..... ......... CHASES MATURITIES BALANCE RATE A COUNT NAME _ BALANCE PURCHASES TU,�. .� _ WATER REF.REV.BONDS SERIES 2004-Rev-4003 398,436.66 1.69 0.00 398,438.35 0.000% WATER REF.REV.BONDS SERIES 2005.4000 1.60 0.00 0.00 1.60 0.000% WATER REF.REV.BONDS SERIES 2004 INT-4001 9.88 0.00 0.00 9.88 LEASE REV REF BONDS SERIES 2005 Res-8005 437,821.95 1.86 0.00 437,823.81 0.000% LEASE REV REF BONDS SERIES 2015A-7000 0.39 0.00 0.00 0.39 $ 836,270 48 3.55 0 00 836 27„ „
Exhibit 1 3oA3

CITY OF BELL GARDENS

TREASURER'S REPORT FOR

CASH,INVESTMENT PORTFOLIO,

AND RESTRICTED BOND CASH
JANUARY 31,2024

ACCOUNT ACTIVITY-BY TYPE
SUCCESSOR to CDC CASH
BEGINNING + (-) ENDING
..........

ACCOUNTBALANCE..._. _. ...

MARKET-6703 BMO $ 75,048.68 $ 1,245,274.85 $ (273,915.91) $ 1,046,407.62 1.00% COMMON CHK-2703 BMO 37,000.01 273 916.48310 913.41 3.08 1.00% $ 112,048.69 1,519,191.33 (584,829.32) $ 1,046,410.70 $,,,��,�,�, $,��mm..��, 0.70
(-)
+ WITHDRAWALS/
BEGINNING DEPOSITS SALES/ ENDING STATED
ISSUER BALANCE PURCHASES MATURITIES BALANCE RATE LOCAL 70
AGENCY INVESTMENT FUNDS-054 $ 654,064.56 $ 6,583 $ 0.00 $ 660,635.39 1.772% m .-.

AL 654,064.56 $ 6,570.83 $ 0.00 $ 660,635.39

CASH WITH FISCAL AGENT US BANK(CORPORATE TRUST SERVICES)RESTRICTED BOND CASH + ADM.FEES/

INTEREST/ WITHDRAWALS/
DEPOSITS/ SALES/
BEGINNING PURCHASES/ MATURITIES/ ENDING
ACCOCDC TARR BOND Pi NAME P1 RED AR RES A1C2014 A 3 _BALANCE MARKET GAIN JMARKET L�S BALANCE RATE 003 $_ .. 0.71 $ 0.00 $ 0.71 $ 0.00 0.00% CDC TARR BOND CC RED AR RES A1C 2014 B-6003 615,005.14 2.61 0.00 615,007.75 0.00% CDC TARR BOND CC RED AR REV A/C 2014 B-6000 31.86 69,343.14 0.00 69,375.00 0.00% CDC 2ND SUB TARR B CC RES A/C 2014 C-7003 1,110,053.10 4.71 0.00 1,110,057.81 0.00% CDC 2 D SUB TARR B CC REV AIC 2014 C 7000 56.73 17 8,388.97 0.00 178,445.70 0.00%
TOTAL $ 1,725,147.54 247,739.43 $ (0.71) $ 1,972,886.26 (-)
+ ADM.FEES!

INTEREST/ WITHDRAWALS/
DEPOSITS/ SALES/
BEGINNING PURCHASES/ MATURITIES/ ENDING
ACCOUNTF N AUTH.TRB REV FUND 2 BALANCE MARKET GAIN (MARKET LOSS). BALANCE RATE 005SERIES Ai-8000 � $ 6. $ "' 0.00 $ 0.00 $ 6.

NAME _
49 0.00%
FIN.AUTH.TRB INT A/C 2005 SERIES A PR 1-8004 193,951.62 0.82 0.00 193,952.44 0.00% FIN.AUTH.TRB RES A1C 2005 SERIES A CC-7003 421,151.95 1.79 0.00 421,153.74 C 0.00% TOTAL $ 615110.06 2.61 $ 0.00 $ 615112.67 In compliance with California Government Code Section 53646,as the City Treasurer of City of Bell Gardens,I hereby certify that sufficient investment liquidity and anticipated revenues are available to meet the City's and Successor to CDC's expenditure requirements for the next six months,and that all investments are in compliance of the City's Statement of Investment Policy. I also certify that this report reflects all Government Agency pooled ..„„ investments and all City's and Successoogency to CDC s bank bal rtces Manuel Carillo Sign
City Treasurer Date:

Exhibit 1 4.44

CITY OF BELL GARDENS

OFFICE OF THE CITY MANAGER
f b .

AGENDAREPORT
Item 6.

TO: Honorable Mayor and City Council Members
FROM: Michael B. O'Kelly, City Manager
BY: Gustavo Romo, Deputy City Manager/Community Development Director SUBJECT: AWARD OF PROFESSIONAL SERVICES AGREEMENT FORAS-NEEDED BUILDING

INSPECTION AND PLAN CHECK SERVICES
DATE: February 26, 2024
RECOMMENDATION:

It is staff's recommendation that the City Council:

1. Adopt the attached Resolution;

2. Authorize the City Manager to execute a Professional Services Agreement with BPR Consulting Group, LLC to provide as-needed building inspection and plan check services, subject to City Attorney approval as to form; and

3. Appropriate $100,000.00 to fund as-needed services through Fiscal Year 2023-2024.

BACKGROUND/DISCUSSION:

The City's Building and Safety Division, which is a division of the Community Development Department, has been assisted throughout the years by private consultant firms that provide as-needed building inspection and plan check services. For the most part, inspection services are only needed when the City's in-house inspectors are out on leave, or when special projects require additional inspection services. Plan check services, on the other hand, are regularly done by the City's consultant, except for minor plan checks done over the counter by City staff.

To address the needs of the City and have an opportunity to compare services, the City prepared a Request for Proposals (RFP) on September 19, 2023. The following ten (10)firms responded to the RFP (listed in alphabetical order):

1. BPR Consulting Group

2. Bureau Veritas

3. CSG Consultants

4. 4Leaf

5. Infrastructure Engineers/Bowman Company

6. Interwest/SafeBuilt Company

7. RKA

8. Transtech

9. VCA

10. Willdan Engineering
The RFP requested a scope of services proposal to address the following:

1. Plan Checking
55 a) The Consultant shall review the plans prepared by or on behalf of the various private developers for compliance with the ordinances of the City.
b) The Consultant shall maintain close liaison with other City departments in order that the appropriate requirements of those departments are incorporated within such building plans. c) The Consultant shall arrange reviews by other appropriate agencies having jurisdiction in such matters relative to the enforcement of the Fire Codes, Sanitation Codes and Health Codes. When satisfied that the appropriate requirements of the City's codes have been met, the Consultant shall issue permits as appropriately set forth in such codes.

2. Building Inspection
a) The building inspector(s) shall provide building inspection services as needed and as requested during staff time-off and/or the course of construction of such private facilities to enforce compliance with the provisions of the City's ordinances and the code requirements set forth on the plans for which the permit was issued.

In the performance of such duties the building inspector(s) shall provide prompt inspection for each project at the completion of the various stages of construction to determine compliance with the appropriate City code.

EVALUATION OF CONSULTANT PROPOSALS
The City reviewed the ten (10) proposals in response to the September 2023 RFP through a panel made up of the Community Development Director, Public Works Director, Building Services Supervisor and City Planner. After reviewing the proposals, the panel decided to invite six (6) of the consulting firms to interview based primarily on overall experience, qualifications and cost. The panel compiled scoring sheets for each consulting firm rated on the following factors:

1. Local Government Experience 30%

2. Staff qualifications 30%

3. Cost 20%

4. Organization size &structure 10%

5. RFP responsiveness 5%

6. Amount, type & quality of insurance 5%
BPR Consulting Group received the highest score as shown in the following table:

FIRM SCORE* ....

BPR Consultiin Grout 93%
RIBA 001%
Willlldan 001%
Infrastructure Engineers, a Bowman Co. 88%
lnteirwest a SateBuih:Co. 35%
'MCA Code 77%
* Based on average of scores compiled from 4 panelists
CONCLUSION:
56 It is recommended that the City Council adopt the attached Resolution, approving a Professional Services Agreement with BPR Consulting Group, LLC to provide consulting services to the City for as-needed building inspection and plan check services.

FISCAL IMPACT:

The consulting services are paid by a percentage of the permit fees that are collected. In addition, as-needed building inspection services and plan checks that go beyond the typical are charged at an hourly rate. The total estimated annual not-to-exceed budget is $300,000. Staff is requesting that the City Council approve an appropriation of $100,000 for the remaining four months of the fiscal year to fund the services, keeping in mind that 59% of the permit fees collected will pay for the majority of the services.

ATTACHMENTS:

Exhibit 1 - Resolution No. 2024-10
Exhibit 2 - Professional Services 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 57 RESOLUTION NO. 2024-10

A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF BELL

GARDENS, CALIFORNIA, APPROVING A PROFESSIONAL SERVICES

AGREEMENT BY AND BETWEEN THE CITY OF BELL GARDENS AND

BPR CONSULTING GROUP, LLC FOR AS-NEEDED BUILDING INSPECTION AND PLAN CHECK SERVICES; AND APPROVAL OF AN
ALLOCATION OF FUNDS THROUGH THE END OF FISCAL YEAR 2023- 2024
WHEREAS, in accordance with Bell Gardens Municipal Code ("BGMC") Section

3.04.105, on September 19, 2023, the City of Bell Gardens ("City") released a Request for Proposals for As-Needed Building Inspection and Plan Check Services ("RFP"); and WHEREAS, on October 16, 2023, the received proposals from ten (10) firms; and WHEREAS, City staff reviewed the ten (10) proposals in response to the RFP through a panel made up of the Community Development Director, Public Works Director, Building Services Supervisor and City Planner; and
WHEREAS, upon reviewing the proposals, the panel selected BPR Consulting Group, LLC; and
WHEREAS, the City desires to enter into an agreement with BPR Consulting Group, LLC for a three-year term with an optional two one-year extensions for a Not-to- Exceed Amount of Three Hundred Thousand Dollars ($300,000); and WHEREAS, an allocation of ONE-HUNDRED THOUSAND DOLLARS ($100,000) is needed to fund the work until the end of Fiscal Year 2023-2024, with a new allocation to be proposed during the annual budget process for the next fiscal year.

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

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

SECTION 2. The City Council hereby approves an on-going as-needed Professional Services Agreement for Request for Proposals for As-Needed Building Inspection and Plan Check by and between the City and BPR Consulting Group, LLC in a form approved by the City Attorney, for an annual not-to-exceed amount of Three- Hundred Thousand Dollars ($300,000), which shall be consistent with the rate schedule set forth in BPR's proposal.

SECTION 3. The City Council hereby approves an allocation of funds in the amount of One-Hundred Thousand Dollars ($100,000) to cover the services provided Exhibit 1 58

Resolution No. 2024-10
through Fiscal Year 2023-2024, with a new allocation to be proposed during the annual budget process for the next fiscal year.

SECTION 4. The City Council hereby authorizes the City Manager to execute the agreement along with all documents reasonably necessary to effectuate the intent of this Resolution.

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

PASSED, APPROVED and ADOPTED this 26t" day of February, 2024.

THE CITY OF BELL GARDENS
Jorgel Chavez, Mayor
APPROVED AS TO FORM: ATTEST:

Stephanie Vasquez Daisy Gomez
City Attorney City Clerk
[Signatures on the following page]
2of3
Exhibit 1 59

Resolution No. 2024-10
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
3of3
Exhibit 1 60

2024

PROFESSIONAL SERVICES AGREEMENT
(Engagement: Ongoing As-Needed Building Inspection/Plan Check Services) (Parties: BPR Consulting Group, LLC and City of Bell Gardens) THIS PROFESSIONAL SERVICES AGREEMENT (hereinafter, "Agreement") is made and entered into this 26t" day of February 2024 (hereinafter, the "Effective Date") by and between the CITY OF BELL GARDENS, a municipal corporation (hereinafter, "CITY") and BPR CONSULTING GROUP, LLC (hereinafter, "CONSULTANT"). For the purposes of this Agreement, CITY and CONSULTANT may be referred to collectively by the capitalized term "Parties." The capitalized term "Party" may refer to CITY or CONSULTANT interchangeably, as appropriate.

RECITALS
WHEREAS, CITY requires ongoing as-needed municipal building inspection and plan check services; and
WHEREAS, CITY staff has determined that CONSULTANT possesses the experience, skills and training necessary to competently provide such services to CITY; and
WHEREAS, the execution of this Agreement was approved by the Bell Gardens City Council at its Regular Meeting.

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

1. ENGAGEMENT TERMS

1.1 TERM: This Agreement shall have a term of three (3)years commencing on March 17 2024 through March 1, 2027 (hereinafter, the "Term"). Nothing in this Section shall operate to prohibit or otherwise restrict the CITY's ability to terminate this Agreement at any time for convenience or for cause as provided under Article V (Termination), below. The Term of the Agreement may be extended by the CITY subject to its same terms and conditions for a maximum of two (2) one-year extensions, provided the City Manager issues written notice of its intent to extend the Term of the Agreement prior to the expiration of the initial Term.

1.2 SCOPE OF WORK:

A. Subject to the terms and conditions of this Agreement, CONSULTANT agrees to provide the services and tasks described in that certain Request for Proposals of CITY entitled "Request for Proposals for As-Needed Building Inspection and Plan Check Services" (hereinafter, "CITY RFP") dated September 19, 2023, and the written proposal of CONSULTANT entitled "Proposal to Provide As-Needed Building Inspection and Plan 1 Exhibit 2 61

Check Services" (hereinafter, the "CONSULTANT PROPOSAL") dated October 16, 2023. The CITY RFP and the CONSULTANT PROPOSAL are attached and incorporated hereto as Exhibit"A" and "B" respectively. The term "Scope of Work" shall be a collective reference to the CITY RFP and the CONSULTANT PROPOSAL. The capitalized term "Work" shall be a collective reference to all the various services and tasks referenced in the Scope of Work. In the event of any conflict or inconsistency between the provisions of the document entitled CITY RFP and the provisions of the document entitled CONSULTANT PROPOSAL, the requirements of the document entitled CITY RFP shall govern and control but only to the extent of the conflict or inconsistency and no further. In the event of any conflict or inconsistency between the provisions of the Scope of Work and the provisions of this Agreement to which the Scope of Work is attached, the provisions of this Agreement shall govern and control.

1.3 PROSECUTION OF WORK:

A. CONSULTANT shall perform the Work contemplated under this Agreement on an as-needed basis. Nothing in this Agreement shall be construed to grant CONSULTANT the exclusive right to perform any of the types of services or tasks contemplated under this Agreement nor shall anything in this Agreement be construed to entitle CONSULTANT to the receipt of any sums under this Agreement, except to the extent CITY requests the performance of any Work in the manner described below and such Work is in fact performed and completed by CONSULTANT and accepted by CITY.

CITY requests for the performance of specific as-needed services or tasks contemplated under this Agreement shall be made in the form of a written work order(s) issued by the City Representative (each such written request hereinafter referred to as a "Task Order"). The standard Task Order form will be provided by the City Representative and shall include the following information-

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

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

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

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

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

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

B. CONSULTANT shall perform no as-needed work under this Agreement without a signed Task Order provided by the City Representative, containing the information set forth in Section 1.3 (A), above.

C. Time is of the essence in the performance of Work under this Agreement, and in the absence of a specific schedule or other instructions from the City 2 Exhibit 2 62

Representative, CONSULTANT shall begin and complete performance of the Work in a timely and a diligently manner as possible.

1.4 COMPENSATION: CONSULTANT shall perform the Work in accordance with "Section 5: Cost and Pricing" beginning on page 40 of the CONSULTANT PROPOSAL (hereinafter, the "FEE SCHEDULE"). The foregoing notwithstanding, CONSULTANT's total compensation for the performance of all Work contemplated under this Agreement, will not exceed the total budgeted annual aggregate sum of THREE HUNDRED THOUSAND DOLLARS ($300,000), which shall include a payment of a sum equal to fifty-nine percent (59%) of the total permit revenues collected, plus hourly services requested for inspection services and plan check services over the typical three (3) reviews (hereinafter, the "Annual Not-to-Exceed Sum"), during the Term of this Agreement unless such added expenditures are first approved by the City Council. In the event CONSULTANT's charges are projected to exceed the Annual Not-to-Exceed Sum prior to the expiration of this Agreement, CITY may suspend CONSULTANT's performance pending CITY's approval of any anticipated expenditures in excess of the Annual Not-to-Exceed Sum or any other CITY approved amendment to the compensation terms of this Agreement.

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

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

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

1.7 ABANDONMENT BY CONSULTANT: In the event CONSULTANT ceases to perform the Work agreed to under this Agreement or otherwise abandons the undertaking contemplated herein prior to the expiration of this Agreement or prior to completion of any or all tasks set forth in the Scope of Work, CONSULTANT will deliver to CITY immediately and without delay, all materials, records and other work product prepared or obtained by CONSULTANT in the performance of this 3 Exhibit 2 63

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

II.

PERFORMANCE OF AGREEMENT

2.1 CITY'S REPRESENTATIVE: The CITY hereby designates Gustavo Romo, Deputy City Manager/Director of Community Development (hereinafter, the "City Representative")to act as its representative for the performance of this Agreement.

The City Representative or their designee will act on behalf of the CITY for all purposes under this Agreement. CONSULTANT will not accept directions or orders from any person other than the City Representative or their designee.

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

2.3 COORDINATION OF SERVICE; CONFORMANCE WITH REQUIREMENTS:

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

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

A. CONSULTANT will perform all Work skillfully, competently and to the highest standards of CONSULTANT's profession;
B. CONSULTANT shall at all times employ such force, plant, materials, and tools as will be sufficient in the opinion of the CITY to perform the Work within the time limits established, and as provided herein. It is understood and agreed that said tools, equipment, apparatus, facilities, labor, and material shall be furnished and said Work performed and completed as required by the Agreement, and subject to the approval of the CITY's authorized representative;
C. CONSULTANT will perform all Work in a manner reasonably satisfactory to the CITY;
4 Exhibit 2 64

D. CONSULTANT will comply with all applicable federal, state and local laws and regulations, including the conflict of interest provisions of Government Code Section 1090 and the Political Reform Act (Government Code Section 81000 et seq.). CONSULTANT shall be liable for all violations of such laws and regulations in connection with the Work. If CONSULTANT performs any work knowing it to be contrary to such laws, rules and regulations, CONSULTANT shall be solely responsible for all costs arising therefrom; E. CONSULTANT understands the nature and scope of the Work to be performed under this Agreement as well as any and all schedules of performance;
F. All of CONSULTANT's employees and agents possess sufficient skill, knowledge, training and experience to perform those services and tasks assigned to them by CONSULTANT; and
G. All of CONSULTANT's employees and agents (including, but not limited to, subcontractors and subconsultants) possess all licenses, permits, certificates, qualifications and approvals of whatever nature that are legally required to perform the tasks and services contemplated under this Agreement and all such licenses, permits, certificates, qualifications and approvals will be maintained throughout the term of this Agreement and made available to CITY for copying and inspection.

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

2.5 ASSIGNMENT: The skills, training, knowledge and experience of CONSULTANT are material to CITY's willingness to enter into this Agreement. Accordingly, CITY has an interest in the qualifications and capabilities of the person(s) who will perform the services and tasks to be undertaken by CONSULTANT or on behalf of CONSULTANT in the performance of this Agreement. In recognition of this 5 Exhibit 2 65

interest, CONSULTANT agrees that it will not assign or transfer, either directly or indirectly or by operation of law, this Agreement or the performance of any of CONSULTANT's duties or obligations under this Agreement without the prior written consent of the CITY. In the absence of CITY's prior written consent, any attempted assignment or transfer will be ineffective, null and void and will constitute a material breach of this Agreement.

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

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

2.8 REMOVAL OF EMPLOYEES OR AGENTS: If any of CONSULTANT's officers, employees, agents, contractors, subcontractors or subconsultants are determined by the City Representative to be uncooperative, incompetent, a threat to the adequate or timely performance of the tasks assigned to CONSULTANT, a threat to persons or property, or if any of CONSULTANT's officers, employees, agents, contractors, subcontractors or subconsultants fail or refuse to perform the Work in a manner acceptable to the CITY, such officer, employee, agent, contractor, subcontractor or subconsultant will be promptly removed by CONSULTANT and will not be reassigned to perform any of the Work.
6 Exhibit 2 66

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

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

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

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

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

III.

INSURANCE

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

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

B. Automobile Liability Insurance: CONSULTANT will procure and maintain Automobile Liability Insurance as broad as Insurance Services Office Form Number CA 0001 covering Automobile Liability, Code 1 (any auto). Such Exhibit 2 67

Automobile Liability Insurance shall have minimum limits of no less than One Million Dollars ($1,000,000.00) per accident for bodily injury and property damage.

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

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

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

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

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

3.5 WAIVER OF SUBROGATION: All insurance coverage provided pursuant to this Agreement will not prohibit CONSULTANT or CONSULTANT's officers, employees, agents, subcontractors or subconsultants from waiving the right of subrogation prior to a loss. CONSULTANT hereby waives all rights of subrogation against CITY, its officials, officers, employees agents and volunteers. 8 Exhibit 2 68

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

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

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

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

IV.

INDEMNIFICATION

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

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

CONSULTANT's obligation to indemnify shall not be restricted to insurance proceeds, if any, received by the CITY, its officials, officers, employees, agents or volunteers.
9 Exhibit 2 69

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

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

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

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

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

4.7 This Article and all provisions contained herein (including but not limited to the duty to indemnify, defend, and hold free and harmless) shall survive the termination or normal expiration of this Agreement and is in addition to any other rights or remedies which the CITY may have at law or in equity.
10 Exhibit 2 70

V.

TERMINATION

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

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

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

5.2 EVENTS OF DEFAULT; BREACH OF AGREEMENT:

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

B. CONSULTANT will cure the Event of Default within the following time periods:
i. Within ten (10) business days of CITY's issuance of a Default Notice for any failure of CONSULTANT to timely provide CITY or CITY's employees or agents with any information and/or written reports, documentation or work product which CONSULTANT is obligated to provide to CITY or CITY's employees or agents under this Agreement.

Prior to the expiration of the 10-day cure period, CONSULTANT may submit a written request for additional time to cure the Event of Default 11 Exhibit 2 71

upon a showing that CONSULTANT has commenced efforts to cure the Event of Default and that the Event of Default cannot be reasonably cured within the 10-day cure period. The foregoing notwithstanding, CITY will be under no obligation to grant additional time for the cure of an Event of Default under this Section 5.2(B)(i) that exceeds seven (7) calendar days from the end of the initial 10-day cure period; or ii. Within fourteen (14) calendar days of CITY's issuance of a Default Notice for any other Event of Default under this Agreement. Prior to the expiration of the 14-day cure period, CONSULTANT may submit a written request for additional time to cure the Event of Default upon a showing that CONSULTANT has commenced efforts to cure the Event of Default and that the Event of Default cannot be reasonably cured within the 14-day cure period. The foregoing notwithstanding, CITY will be under no obligation to grant additional time for the cure of an Event of Default under this Section 5.2(B)(ii) that exceeds thirty (30) calendar days from the end of the initial 14-day cure period.

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

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

D. CITY, in its sole and absolute discretion, may also immediately suspend 12 Exhibit 2 72

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

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

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

F. The duties and obligations imposed under this Agreement and the rights and remedies available hereunder will be in addition to and not a limitation of any duties, obligations, rights and remedies otherwise imposed or available by law. In addition to any other remedies available to CITY at law or under this Agreement in the event of any breach of this Agreement, CITY, in its sole and absolute discretion, may also pursue any one or more of the following remedies:
i. Upon written notice to CONSULTANT, the CITY may immediately terminate this Agreement in whole or in part;
ii. Upon written notice to CONSULTANT, the CITY may extend the time of performance;
iii. The CITY may proceed by appropriate court action to enforce the terms of the Agreement to recover damages for CONSULTANT's breach of the Agreement or to terminate the Agreement; or
iv. The CITY may exercise any other available and lawful right or remedy.

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

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

5.3 SCOPE OF WAIVER: No waiver of any default or breach under this Agreement will constitute a waiver of any other default or breach, whether of the same or other 13 Exhibit 2 73

covenant, warranty, agreement, term, condition, duty or requirement contained in this Agreement. No waiver, benefit, privilege, or service voluntarily given or performed by a Party will give the other Party any contractual rights by custom, estoppel, or otherwise.

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

VI.

MISCELLANEOUS PROVISIONS

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

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

6.3 FALSE CLAIMS ACT: CONSULTANT warrants and represents that neither CONSULTANT nor any person who is an officer of, in a managing position with, or has an ownership interest in CONSULTANT has been determined by a court or tribunal of competent jurisdiction to have violated the False Claims Act, 31 U.S.C., Section 3789 et seq. and the California False Claims Act, Government Code Section 12650 et seq.
14 Exhibit 2 74

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

CONSULTANT: CITY:

BPR Consulting Group, LLC City of Bell Gardens
316 Tejon Place 7100 S. Garfield Avenue
Palos Verdes Estate, CA 90274 Bell Gardens, CA 90201 Attn: Ron Beehler, SE, CBO Attn: Deputy City Manager/ Phone: 916.204.3178 Directory of Community
Phone: 562.806.7724
Such notices will be deemed effective when personally delivered or successfully transmitted by facsimile as evidenced by a fax confirmation slip or when mailed, forty-eight (48) hours after deposit with the United States Postal Service, first class postage prepaid and addressed to the Party at its applicable address.

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

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

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

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

6.9 TIME IS OF THE ESSENCE: Time is of the essence for each and every provision of this Agreement.
15 Exhibit 2 75

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

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

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

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

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

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

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

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

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

6.19 ENTIRE AGREEMENT: This Agreement, including all attached exhibits, constitutes the entire, complete, final and exclusive expression of the Parties with respect to the matters addressed herein and supersedes all other agreements or understandings, whether oral or written, which may have been entered into 16 Exhibit 2 76

between CITY and CONSULTANT prior to the execution of this Agreement. Any statements, representations, or other agreements, whether oral or written, made by either Party that is not embodied herein will not be valid or binding on the Parties. No amendment, modification or supplement to this Agreement will be valid and binding unless in writing and duly executed by the Parties pursuant to Section

6.16, above.

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

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

6.21 COUNTERPARTS: This Agreement may be executed in any number of counterparts, each of which shall be deemed an original, but all of which when taken together shall constitute one and the same instrument. No handwritten or typewritten amendment, modification or supplement to any one counterpart will be valid or binding unless made to all three counterparts in conformity with Section

6.16, above. One fully executed original counterpart will be delivered to CONSULTANT and two original counterparts will be retained by CITY. (SIGNATURES ON NEXT PAGE)
17 Exhibit 2 77

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

CITY OF BELL GARDENS: BPR CONSULTING GROUP, LLC:

By: By:

Name: Name:

Title: Title:

Date: Date:

APPROVED AS TO FORM-
By-
Stephanie Vasquez, City Attorney
18 Exhibit 2 78

EXHIBIT "A"

CITY RFP
19 Exhibit 2 79

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REQUEST FOR PROPOSALS
As-Needed Building Inspection and Plan Check Services
RFP Release Date
Tuesday, September 19, 2023
Proposal Submittal Deadline
5:00 p.m., Monday, October 16, 2023
Contact Person:

Gustavo Romo, Community Development Director
City of Bell Gardens
7100 Garfield Avenue
Bell Gardens, CA 90201
(562) 806-7700
gromo(d)-bellgardens.org
7100 Garfield Avenue • Bell Gardens, CA 90201 • (562) 806-7700 • www.beligardens.org Exhibit 2 80

TABLE OF CONTENTS
TABLE OF CONTENTS .......................................................................................................... 2 INTRODUCTION ..................................................................................................................... 3 SUBMITTAL PROCEDURES/DEADLINE ............................................................................... 3 DEFINITIONS, TERMS, AND CONDITIONS .......................................................................... 4 BACKGROUND....................................................................................................................... 6 SCOPEOF SERVICES........................................................................................................... 7 METHOD OF COMPENSATION...............................................................................8 PROPOSAL FORMAT AND CONTENT REQUIREMENTS .................................................... 8 EVALUATION CRITERIA...................................................................................................... 11 SAMPLE PROFESSIONAL SERVICES AGREEMENT ........................................................ 13 Exhibit 2 81

INTRODUCTION
The City of Bell Gardens ("City") is seeking proposals from qualified firms with proven expertise to provide as-needed contract building inspection and building plan check services for the Community Development Department. The City currently contracts out these services and is seeking to re-evaluate costs and qualifications. Please review the enclosed Request for Proposals ("RFP") outlining the range of services being sought to determine if you would like to submit a proposal for services.

It is the intent of the City to select a single consultant ("Consultant")to accomplish and/or supply all services outlined in this RFP.

The City reserves the right to accept or reject any or all responses received in response to this request. The City also reserves the right to waive any informality, technical defect or clerical error, or irregularity in any response. The City's potential award of an agreement will not be based on any single factor, nor will it be based solely or exclusively on the lowest cost proposal.

If an agreement is awarded, it will be awarded to the Consultant who in the judgment of the City has presented an optimal balance of relevant experience, price, quality of service, work history and other factors which the City may consider relevant and important in determining which proposal is best for the City. Additionally, the City may, for any reason, decide not to award an agreement based on this RFP. The City reserves the right to cancel this RFP. The City shall not be obligated to respond to any responses submitted, nor be legally bound in any manner by the submission of the response. The City reserves the right to negotiate deliverables and associated costs.

SUBMITTAL PROCEDURES/DEADLINE
An electronic version shall be emailed to cityclerkdesk(cDbellgardens.org and .gromo(cDbellgardens.org no later than 5:00 p.m. on Monday, October 16, 2023. Additionally, three hard copy sets of the proposal (two (2) bound, one (1) unbound) shall be postmarked no later than 5:00 p.m. on Monday, October 16, 2023, to the City Clerk's Office. The electronic version of the proposal must be an exact duplicate of the hard copies and the subject line must read "City of Bell Gardens As-Needed Building Inspection and Plan Check Services." If the proposal includes any comments over and above the specific information requested in this RFP, such information should be included as a separate appendix and placed at the end of the proposal.

Postmarks by this date are unacceptable and no facsimiles will be accepted. Please mail or deliver your response in a sealed envelope with "City of Bell Gardens As-Needed Building Inspection and Plan Check Services"written below the address label and addressed as follows:

City Clerk's Office
Attention: Daisy Gomez, City Clerk
As-Needed Building Inspection and Plan Check Services RFP Response City of Bell Gardens
7100 Garfield Avenue
Bell Gardens, CA 90201

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Questions and Inquiries
To ensure a fair and objective RFP process and evaluation, all questions and inquiries related to this RFP shall be addressed in writing to Gustavo Romo, Community Development Director, at gromo(a-)bellgardens.org. The deadline for written questions and inquiries is Monday, October 2, 2023. City Hall is open Monday through Thursday from 7.30 AM to 6.00 PM.

The tentative schedule for this RFP is as follows:

Release of RFP Date
Deadline for Q&A Written Submittals Monday, October 2, 2023 Virtual Meeting Question and Answer Session Thursday, October 5, 2023 -Proposal Submission Deadline Monday, October 16, 2023 Interviews for Qualified Consultants Monday, ctober 30, 2023 Tentative City Council Consultant selected/Agreement Approval Monday, December 11, 2023

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

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

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

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

Proposal General Terms and Conditions:

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

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

Proposals received after the date and time specified shall be returned and will be considered

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Exhibit 2 83

void and unacceptable. The City is not responsible for the lateness of the mail carrier, etc.; and the time/date stamp of receipt by the City Clerk's Office shall be the official time of receipt.

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

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

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

Reservations
The City reserves the right to reject any and all proposals received as a result of this RFP. The City's potential award of an Agreement will not be based on any single factor, nor will it be based solely or exclusively on the lowest cost proposal. If an Agreement is awarded, it will be awarded to the Consultant who in the judgment of the City has presented an optimal balance of relevant experience, price, quality of service, work history and other factors which the City may consider relevant and important in determining which proposal(s) is best for the City. The City reserves the right to cancel or modify this RFP. There is no guarantee that the City will award an Agreement.

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

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

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

Negotiations
Negotiations may be conducted with responsible Consultants who submit proposals that are reasonably susceptible of being selected. All Consultants reasonably susceptible of being

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Exhibit 2 84

selected based on criteria set forth in this RFP may be given an opportunity to make a presentation and/or interview. Although this process will ultimately result in the award of a single Agreement, the City reserves the right to negotiate an Agreement with more than one firm.

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

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

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

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

BACKGROUND
The City of Bell Gardens is a General Law City governed by an elected five-member City Council that appoints the City Manager. The City has a population of approximately 39,000 in an area of 2.4 square miles located in the southeastern part of Los Angeles County. The City shares a common boundary with the Cities of South Gate, Bell, Downey, and Commerce. Bell Gardens is considered an integral part of the Los Angeles-Long Beach metropolitan area.

Bell Gardens has its own Police Department but contracts out Fire services to Los Angeles County. Private firms provide contract Building & Safety, CDBG Program Administration, and Engineering services.

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The City of Bell Gardens was incorporated on August 1, 1961, as a general law city, thus, operating under the Council/Manager form of government. The five (5) City Council members are elected at-large by the residents for staggered four-year terms and serve as the City's legislative, policy-making body. The Mayor position is shared among the Council members who select one another as Mayor annually. The City Council holds bi-monthly public meetings. The City Manager is responsible for directing City affairs as prescribed by the City Council.

SCOPE OF SERVICES
The primary goal of this RFP is to solicit proposals from qualified Consultants who can assist the City with "as-needed" building inspection and plan check services. The Building and Safety Division is part of the Community Development Department, which also consists of City Planning, Economic Development, Housing, Code Enforcement, Business License, and Community Development Block Grant ("CDBG") Management.

The City presently contracts building plan check, building inspection, and building rehabilitation inspection completely to a private firm. The firm provides an off-site Building Official who gives direction to the City's Building Division, which consists of one full-time Building Services Supervisor, who also serves as the Senior Building Inspector, one full-time Building Inspector, and off-site plan check services. The City would like to continue with this staffing arrangement with the duties listed below unless a better solution is proposed.

1. Plan Checking
a. The Consultant shall review the plans prepared by or on behalf of the various private developers for compliance with the ordinances of the City. b. The Consultant shall maintain close liaison with other City departments in order that the appropriate requirements of those departments are incorporated within such building plans.
c. The Consultant shall arrange reviews by other appropriate agencies having jurisdiction in such matters relative to the enforcement of the Fire Codes, Sanitation Codes and Health Codes. When satisfied that the appropriate requirements of the City's codes have been met, the Consultant shall issue permits as appropriately set forth in such codes.

2. Building Inspection
a. The building inspector(s) shall provide building inspection services as needed and as requested during staff time-off and/or the course of construction of such private facilities to enforce compliance with the provisions of the City's ordinances and the code requirements set forth on the plans for which the permit was issued. b. In the performance of such duties the building inspector(s) shall provide prompt inspection for each project at the completion of the various stages of construction to determine compliance with the appropriate City code.

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The City currently processes, on average, 1000 building permits (including electrical, mechanical, plumbing, and miscellaneous permits) per year and 50 plan checks. The current contract services agreement compensates the contractor with an hourly rate for plan check services and a percentage of all building permits. Building inspection services are required only when staff is on leave.

The Scope of Services may be modified through negotiation and/or by written addendum after the Agreement is approved.

METHOD OF COMPENSATION
Work Item Compensation Method
Plan Checking Percentage of fees collected
Building Inspection Hourly rates
Building Official Hourly rates

PROPOSAL FORMAT AND CONTENT REQUIREMENTS
The following instructions describe the form in which proposals must be submitted.

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

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

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

1. Transmittal Letter:
a. A letter of transmittal signed by an individual authorized to bind the proposer stating the proposer has read and will comply with all terms and conditions of the RFP. The transmittal letter will contain, at a minimum: a)company name and address; and b) an executive summary briefly describing the proposer's ability to perform the work requested, a history of the Consultant's background and experience providing

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Exhibit 2 87

services.
b. Conflict of Interest Statement: The Consultant shall disclose any financial, business, or other relationship with the City that may have an impact upon the outcome of this Agreement. Particular attention should be paid to compliance with Government Code section 1090.

2. Methodology and Timeliness
a. Include description of a) the approach and methodology to be taken in addressing the scope of work, b) a listing of the specific tasks, milestones and deliverables required to properly perform the services, and c) an estimated timeline from inception to completion for plan check services based on complexity of request. b. The City expects the selected Consultant to adhere to the established timeline and provide an expedited timeline with associated fees.

3. Management and Staffing:

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

4. Minimum Qualifications, Prior Related Experience, and References a. Firms or individuals must demonstrate competence and capability to satisfactorily perform the scope of work. Proposals that do not meet the minimum qualifications will be determined nonresponsive and ineligible for award. The proposer must provide evidence to show that members of the proposer's project team possess the specific qualifications, competence, experience, resources, and business integrity necessary to carry out the work under the contract as expected. Examples of evidence include, but are not limited to resumes, letters of reference, and project summaries that highlight the team's specific experience. b. A list of at least three (3) recent references, including local government agencies where a similar service is or has been provided and any private clients. Include a) the names and telephone numbers of the firm and the key managers and professionals assigned to the project, b) brief description of the project, and c) time period for the project.

5. Cost and Pricing:
a. Compensation shall be based on the percentage of fees collected for plan check services. As-needed building inspection and building official consultation services

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Exhibit 2 88

shall be based on hourly rates.
b. Percentage of fees collected shall include up to three (3) plan checks. A fourth plan check will be charged hourly to the applicant/developer. c. Any meetings/consultations directly with the plan checker shall be charged at an hourly rate.
d. Proposals must include staff hourly rates, plus overhead, travel and any additional project costs proposed. All items must be itemized in detail. e. In addition, an hourly fee schedule must be submitted with the proposal. If the scope of work is substantially modified, the extra cost or credit must be negotiated based on the submitted hourly rates.
f. No retainers will be allowed.

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

7. Pending Litigation:

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

8. Insurance:

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

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Exhibit 2 89

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

Proposals will be reviewed and evaluated by the Community Development Director and City staff and ranked based on the following considerations:
• Demonstrated experience in building inspection and plan check services; • Qualifications and expertise of the proposed project team; and • Cost-effectiveness and reasonableness of the proposed budget.

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

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

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

Factors such as, but not limited to, any of the following may be considered just cause to disqualify a response to the RFP without further consideration:
• Evidence of collusion, directly or indirectly, among Consultants with regard to the amount, terms, or conditions of this proposal;
• Any attempt to improperly influence any member of the selection staff or City Council members;
• Existence of any lawsuit, unresolved contractual claim, or dispute between Consultant and the City;
• Evidence of incorrect information submitted as part of the RFP; • Evidence of Consultant's inability to successfully complete the responsibilities and obligations of the proposed scope of work; and
• Consultant's default under any agreement, which results in termination of the

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Exhibit 2 90

Agreement.

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

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

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

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Exhibit 2 91

EXHIBIT "A"

SAMPLE PROFESSIONAL SERVICES AGREEMENT

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Exhibit 2 92

2023

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

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

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

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

1. ENGAGEMENT TERMS

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

1.2 SCOPE OF WORK:

A. Subject to the terms and conditions of this Agreement, CONSULTANT agrees to provide the services and tasks described in that certain Request for Proposals of CITY entitled "INSERT TITLE OF REQUEST FOR PROPOSALS" (hereinafter, "CITY RFP") and the written proposal of CONSULTANT entitled "INSERT TITLE OF PROPOSAL" (hereinafter, the "CONSULTANT PROPOSAL") dated INSERT DATE OF PROPOSAL. The CITY RFP and the CONSULTANT PROPOSAL are attached and incorporated hereto as Exhibit "A" and "B" respectively. The term "Scope of Work" shall be a collective reference to the CITY RFP and the 1 Exhibit 2 93

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

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

1.3 PROSECUTION OF WORK:

A. CONSULTANT shall perform Work continuously and with due diligence so as to complete the Work within the Term of this Agreement; B. CONSULTANT shall cooperate with CITY and in no manner interfere with the work of CITY, its employees or other consultants, contractors or agents; C. CONSULTANT shall not claim or be entitled to receive any compensation or damage because of the failure of CONSULTANT, or its subconsultants, to have related services or tasks completed in a timely manner; D. CONSULTANT shall at all times enforce strict discipline and good order among CONSULTANT's employees; and
E. CONSULTANT, at its sole expense, shall pay all sales, consumer, use or other similar taxes required by law.

1.4 COMPENSATION: CONSULTANT shall perform the Work in accordance with "INSERT TITLE OF COMPENSATION DOCUMENT" (hereinafter, the "COMPENSATION RATE"). The foregoing notwithstanding, CONSULTANT's total compensation for the performance of all Work contemplated under this Agreement, will not exceed the total budgeted aggregate sum of INSERT WRITTEN AMOUNT($INSERT NUMBER) (hereinafter, the "Not-to-Exceed Sum") during the prosecution of this Agreement, unless such added expenditure is first 2 Exhibit 2 94

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

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

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

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

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

II.

PERFORMANCE OF AGREEMENT

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

CONSULTANT will not accept directions or orders from any person other than the 3 Exhibit 2 95

City Representative or their designee.

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

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

2.3 COORDINATION OF SERVICE; CONFORMANCE WITH REQUIREMENTS:

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

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

A. CONSULTANT will perform all Work skillfully, competently and to the highest standards of CONSULTANT's profession;
B. CONSULTANT shall at all times employ such force, plant, materials, and tools as will be sufficient in the opinion of the CITY to perform the Services within the time limits established, and as provided herein. It is understood and agreed that said tools, equipment, apparatus, facilities, labor, and material shall be furnished and said Services performed and completed as required by the Agreement, and subject to the approval of the CITY's authorized representative;
C. CONSULTANT will perform all Work in a manner reasonably satisfactory to the CITY;
D. CONSULTANT will comply with all applicable federal, state and local laws and regulations, including the conflict of interest provisions of Government Code Section 1090 and the Political Reform Act (Government Code Section 81000 et seq.). CONSULTANT shall be liable for all violations of such laws and regulations in connection with Services. If CONSULTANT performs any work knowing it to be contrary to such laws, rules and regulations, CONSULTANT shall be solely responsible for all costs arising therefrom; E. CONSULTANT understands the nature and scope of the Work to be performed under this Agreement as well as any and all schedules of performance;
F. All of CONSULTANT's employees and agents possess sufficient skill, 4 Exhibit 2 96

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

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

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

2.6 SUBSTITUTION OF KEY PERSONNEL: CONSULTANT has represented to CITY that certain key personnel will perform and coordinate the Services under this Agreement. Should one or more of such personnel become unavailable, CONSULTANT may substitute other personnel of at least equal competence upon written approval of CITY. In the event that CITY and CONSULTANT cannot agree as to the substitution of key personnel, CITY shall be entitled to terminate this Agreement for cause. As discussed below, any personnel who fail 5 Exhibit 2 97

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

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

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

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

2.10 NON-DISCRIMINATION: CONSULTANT represents that it is an equal opportunity employer and it shall not discriminate against any subconsultant, employee or applicant for employment because of race, religion, color, national origin, handicap, ancestry, sex or age. Such non-discrimination shall include, but not be limited to, all activities related to initial employment, upgrading, demotion, transfer, recruitment or recruitment advertising, layoff or termination. 6 Exhibit 2 98

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

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

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

III.

INSURANCE

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

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

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

C. Workers' Compensation Insurance/Employer's Liability Insurance: A policy of workers' compensation insurance in such amount as will fully comply with the laws of the State of California and which will indemnify, insure and provide legal defense for both CONSULTANT and CITY against any loss, claim or damage arising from any injuries or occupational diseases occurring to any worker employed by or any persons retained by CONSULTANT in the course of carrying out the Work contemplated in this Agreement.
7 Exhibit 2 99

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

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

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

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

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

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

Accordingly, CONSULTANT warrants, represents and agrees that it will furnish CITY with original certificates of insurance and endorsements evidencing the coverage required under this Article on forms satisfactory to CITY in its sole and absolute discretion. The certificates of insurance and endorsements for each insurance policy will be signed by a person authorized by that insurer to bind coverage on its behalf, and will be on forms provided by the CITY if requested. All certificates of insurance and endorsements will be received and approved by CITY as a condition precedent to CONSULTANT's commencement of any Work. Upon a
Exhibit 2 100

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

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

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

IV.

INDEMNIFICATION

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

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

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

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

4.3 CITY shall have the right to offset against the amount of any compensation due to CONSULTANT under this Agreement, any amount due to CITY from CONSULTANT as a result of CONSULTANT's failure to either pay CITY promptly s
Exhibit 2 101

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

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

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

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

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

4.8 fONLY USE IF FOR DESIGN PROFESS IONALSIWORK OF CONSULTANT'S DESIGN PROFESSIONALS SERVICES: The duty to indemnify, defend and hold harmless as set forth under this subsection shall apply to the negligence, recklessness or willful misconduct of any individual who qualifies as a "design professional" within the meaning of subsection (c)(2) of Section 2782.8 of the California Civil Code in so far as such negligence, recklessness or willful misconduct occurs in the performance, work or activities that must be performed by a "design professional." Subject to the limitation of the preceding sentence, to the fullest extent permitted by law, CONSULTANT shall immediately defend and indemnify and hold harmless the City Indemnities, defined above, from and against any and all liability, loss, damage, expense, cost (including without limitation 10 Exhibit 2 102

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

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

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

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

4.12 As to the duties to indemnify under Sections 4.1 and 4.2 of this Article, above, CONSULTANT agrees to obtain executed indemnity agreements with provisions 11 Exhibit 2 103

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

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

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

V.

TERMINATION

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

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

CONSULTANT will be required to provide such Documents and Data within fifteen (15) calendar days of CITY's written request. No actual or asserted breach of this Agreement on the part of CITY pursuant to Section 5.2, below, will operate to prohibit or otherwise restrict CITY's ability to terminate this Agreement for convenience as provided under this Section.
12 Exhibit 2 104

5.2 EVENTS OF DEFAULT; BREACH OF AGREEMENT:

A. In the event either Party fails to perform any duty, obligation, service or task set forth under this Agreement (or fails to timely perform or properly perform any such duty, obligation, service or task set forth under this Agreement), an event of default (hereinafter, "Event of Default")will occur. For all Events of Default, the Party alleging an Event of Default will give written notice to the defaulting Party (hereinafter referred to as a "Default Notice") which will specify: (i) the nature of the Event of Default; (ii) the action required to cure the Event of Default; (iii) a date by which the Event of Default will be cured, which will not be less than the applicable cure period set forth under Sections 5.213 and 5.2C, below, or if a cure is not reasonably possible within the applicable cure period, to begin such cure and diligently prosecute such cure to completion. The Event of Default will constitute a breach of this Agreement if the defaulting Party fails to cure the Event of Default within the applicable cure period or any extended cure period allowed under this Agreement.

B. CONSULTANT will cure the Event of Default within the following time periods:
i. Within ten (10) business days of CITY's issuance of a Default Notice for any failure of CONSULTANT to timely provide CITY or CITY's employees or agents with any information and/or written reports, documentation or work product which CONSULTANT is obligated to provide to CITY or CITY's employees or agents under this Agreement.

Prior to the expiration of the 10-day cure period, CONSULTANT may submit a written request for additional time to cure the Event of Default upon a showing that CONSULTANT has commenced efforts to cure the Event of Default and that the Event of Default cannot be reasonably cured within the 10-day cure period. The foregoing notwithstanding, CITY will be under no obligation to grant additional time for the cure of an Event of Default under this Section 5.213.i. that exceeds seven (7) calendar days from the end of the initial 10-day cure period; or ii. Within fourteen (14) calendar days of CITY's issuance of a Default Notice for any other Event of Default under this Agreement. Prior to the expiration of the 14-day cure period, CONSULTANT may submit a written request for additional time to cure the Event of Default upon a showing that CONSULTANT has commenced efforts to cure the Event of Default and that the Event of Default cannot be reasonably cured within the 14-day cure period. The foregoing notwithstanding, CITY will be under no obligation to grant additional time for the cure of an Event of Default under this Section 5.2B.ii that exceeds thirty (30) calendar days from the end of the initial 14-day cure period.

In addition to any other failure on the part of CONSULTANT to perform any duty, obligation, service or task set forth under this Agreement (or the failure to timely perform or properly perform any such duty, obligation, service or 13 Exhibit 2 105

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

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

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

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

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

F. The duties and obligations imposed under this Agreement and the rights and remedies available hereunder will be in addition to and not a limitation of any duties, obligations, rights and remedies otherwise imposed or 14 Exhibit 2 106

available by law. In addition to any other remedies available to CITY at law or under this Agreement in the event of any breach of this Agreement, CITY, in its sole and absolute discretion, may also pursue any one or more of the following remedies:
i. Upon written notice to CONSULTANT, the CITY may immediately terminate this Agreement in whole or in part;
ii. Upon written notice to CONSULTANT, the CITY may extend the time of performance;
iii. The CITY may proceed by appropriate court action to enforce the terms of the Agreement to recover damages for CONSULTANT's breach of the Agreement or to terminate the Agreement; or
iv. The CITY may exercise any other available and lawful right or remedy.

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

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

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

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

VI.

MISCELLANEOUS PROVISIONS

6.1 DOCUMENTS & DATA; LICENSING OF INTELLECTUAL PROPERTY: All Documents and Data will be and remain the property of CITY without restriction or limitation upon their use or dissemination by CITY. For purposes of this Agreement, the term "Documents and Data" means and includes all reports, analyses, correspondence, plans, designs, notes, summaries, strategies, charts, schedules, spreadsheets, calculations, lists, data compilations, documents or other materials developed and/or assembled by or on behalf of CONSULTANT in 15 Exhibit 2 107

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

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

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

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

CONSULTANT: CITY:

INSERT CONSULTANT NAME City of Bell Gardens
INSERT ADDRESS 7100 S. Garfield Avenue
Attn: INSERT DEPARTMENT
Attn: INSERT PERSON OF Phone- 562-806-7700

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

6.5 COOPERATION; FURTHER ACTS: The Parties will fully cooperate with one another, and will take any additional acts or sign any additional documents as are 16 Exhibit 2 108

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

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

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

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

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

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

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

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

6.13 NO THIRD-PARTY BENEFIT: There are no intended third-party beneficiaries of any right or obligation assumed by the Parties. All rights and benefits under this 17 Exhibit 2 109

Agreement inure exclusively to the Parties.

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

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

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

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

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

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

6.16, above.

6.20 FORCE MAJEURE: The Term shall be extended in the event of any delays due to unforeseeable causes beyond the control of CONSULTANT and without the fault or negligence of CONSULTANT, including but not limited to severe weather, fires, earthquakes, floods, epidemics, quarantine restrictions, riots, strikes, freight embargoes, wars, litigation, and/or acts of any governmental agency, including the CITY, if the CONSULTANT shall within three (3) calendar days of the commencement of such delay notify the City Representative in writing of the causes of the delay. The City Representative shall ascertain the facts and the extent of delay, and extend the time for performing the services for the period of the enforced delay when and if in the judgment of the City Representative such delay is justified. The City Representative's determination shall be final and conclusive upon the parties to this Agreement. In no event shall CONSULTANT be entitled to recover damages against the CITY for any delay in the performance 18 Exhibit 2 110

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

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

6.16, above. One fully executed original counterpart will be delivered to CONSULTANT and the remaining two original counterparts will be retained by CITY.
(SIGNATURES ON NEXT PAGE)
19 Exhibit 2 111

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

CITY OF BELL GARDENS: CONSULTANT NAME:

By: By:

Name: Name:

Title: Title:

Date: Date:

APPROVED AS TO FORM-
By-
Rick Olivarez, City Attorney
20 Exhibit 2 112

EXHIBIT "A"

CITY RFP
21 Exhibit 2 113

EXHIBIT "B"

CONSULTANT PROPOSAL
22 Exhibit 2 114

EXHIBIT "B"

CONSULTANT PROPOSAL
20 Exhibit 2 115

October 16, 2023
Proposal to Provide
As-Neededit Inspection
and Plan Check Services
Prepared for:

City of Bell Gardens
7100 Garfield Avenue
Bell Gardens,GA 90201
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Prepared by:

BPR Consulting Group
, R 316 Tejon Place
.BP Palos Verdes Estates,CA 00274

CONSULTING GROUIP
Exhibit 2 116

CU'ry o ii: IB i"iii..iii.. G A IIR IID 111"IN S
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SECTION 1 |TRANSMITTAL LETTER.................................................................................l Letter and Executive Summary..........................................................................................1 Conflict of Interest Statement............................................................................................2 SECTION 2 | METHODOLOGY AND TIMELINES................................................................] Approachand Methodology...............................................................................................4 Timelines...........................................................................................................................10 SECTION 3 | MANAGEMENT AND STAFF|WG ..................................................................l] OrganizationChart...........................................................................................................13 ManagernentTearn...........................................................................................................14 Staff Qualifications...........................................................................................................14 Licenses and Certifications ..............................................................................................21 SECTION 4 | MINIMUM QUALIFICATIONS, EXPERIENCE, REFERENCES......................2O ProjectSummaries...........................................................................................................29 ClientReferences..............................................................................................................35 Letters of Recommendation ............................................................................................36 SECTION 5 | COSTAND PRICING.....................................................................................38 SECTION 6 |ADDITIONS OR EXCEPTIONS.....................................................................]y SECTION 7 | PENDING LITIGATION.................................................................................4O SECTIONS | INSURANCE.................................................................................................4l

APPENDIX RESUMES
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Exhibit 117

CFTY OF I ELL GARDENS
PROPOSAL As-NEEDED BUILDING INSPECTION AND PLAN CHECK SERVICES Section 1
r111RAINSIM III"'rTA111L.... IIIL....IIII....."' IIIE,,:,;IIII° W
October 16,2023
City of Bell Gardens
Gustavo Romo,Community Development Director BPR 7100 Garfield Avenue CONSULTING GROUP
Bell Gardens,CA 90201
RE: Proposal to Provide As-Needed Building Inspection and Plan Check Services Thank you for the opportunity to present our proposal to provide As- LOCAL ADDRESS:

Needed Inspection and Plan Check Services to the City of Bell Gardens. BPR Consulting Group Our proposal provides a detailed introduction to our firm and an 316 Tejon Place overview of the services provided by BPR Consulting Group (BPR). We Palos Verdes Estates,CA 90274 understand that the City of Bell Gardens is looking to partner with a AUTHORIZED REPRESENTATIVE:
highly qualified consultant who can provide ongoing and remote plan Ron Beehler,SE,CBO check services along with as-needed and on-call building inspection Principal-in-Charge and building official consulting services. BPR fully understands the 916.204.3178 scope of work as outlined in the RFP and is well-equipped to provide the rbeehler a b r- r corn Citywith the requested services in a professional and customer-focused ............................................................................................................................................................................ manner.

As our proposal will demonstrate, our talented staff of ICC certified Plans Examiners, Building Inspectors, Building Officials, Licensed Engineers, Architects, and OSHPD and CASp experts have extensive experience providingplan review, building inspection,and building official services similar to those being requested bythe City of Bell Gardens. BPR's staff members have previous experience providing these services for numerous public agencies throughout the State of California including the cities of Ontario, Eastvale,Gardena, Maywood, Chino Hills, Costa Mesa, Fontana, Rancho Cucamonga, Santa Ana, Garden Grove, Inglewood, Monterey Park, Anaheim,Corona, El Monte,and Wildomar,to name a few.

BPR's staff of experienced building safety personnel provide high quality,thorough plan review and as-needed building inspection and building official services for our clients and their permit applicants. Our qualified professionals and expertise allow us to assist you and your department in maintaining timely plan review service levels and next day building inspection services during periods of increased workload, vacations, and staffing fluctuations. Unlike the large national firms, BPR's services are focused on communities in the delivery of high-quality, building plan review and as-needed building inspection and building official services, tailored to your community's specific needs, with the goal of exceeding our clients' expectations by:

Providing all services in a cost-effective manner.

BPR
Exhibit 2 118

CU TY OF I ELL GARDENS
PROPOSAL As-NEEDED BUILDING INSPECTION AND PLAN CHECK SERVICES Providing qualified and experienced personnel who have the ability to perform thorough plan reviews and inspect all aspects of projects and effectively identify,communicate and explain relevant code requirements to designers,contractors,and owner builders.

Providing a high level of customer service for internal and external customers.

Balancing the need to ensure conformance to standards and regulations with the need for predictability,uniformity,and efficiency.

Providing services in a timely manner.

The team proposed to serve the City of Bell Gardens are all appropriately licensed in the State of California or ICC Certified and are experienced and well-versed in providing the requested plan review, as-needed building inspection and as-needed building official services in support of California Building Departments. We will not be utilizing any subconsultants to provide the requested services.

BPR was founded by a group of experienced building safety professionals with the sole focus of providing thorough and efficient plan review, building official, and building inspection services to support California Building Departments. Our leadership team has worked together for over l7 years and collectively possesses ore than 100 years of experience providing building safety services to cities, counties, state agencies and other municipal agencies throughout California and the western United States.

Ron Beehler,SE,CBO,will serve as Principal-in Charge and be the primary point of contact duringthe proposal process. Ron is authorized to bind the firm to all commitments made in our proposal. Mark Berg, CBO, MCP, ICC, will serve as Project Manager and as-needed Building Official and work with the City to ensure all services are delivered in an efficient and timely manner. Bill Rodgers,SE,will serve as Plan Review Manager.

These three individuals will be supported by a team of experienced multi-disciplinary building department professionals to include ICC certified plans examiners, licensed engineers, ICC certified inspectors, registered architects and other building safety professionals.

Conflict of Interest Statement: BPR Consulting Group does not have any financial, business, or other relationship with the City of Bell Gardens that will have an impact on the outcome of entering into an agreement. More specifically,we can ensure compliance with Government Code section 1090.

Please feel free to contact me at.rlbe hl .r' bpir..�rp.com�or 916.204.3178 if you have any questions concerning our qualifications or the services we provide.Thank you for taking the time to review our proposal.We look forward to the opportunity to work with the City of Bell Gardens.

Sincerely,

BPR CONSULTING GROUP
w
Ron B ler,SE,CBO
Director of Client Services
BPR
Exhibit 2 119

CU�y o 11: 113 1"111..111.. G A IIR IID 111"IN S
PROPOSAL | As-NEEDED BU|LD|N6 INSPECTION AND PLAN CHECK SERVICES Section ��
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8PR Consulting Group is qualified and interested in supporting the City ofBell Gardens by providing the requested Plan Rew/ewuSerwicesandAs-NeedemL On- Ca///nspection andBu/lding Official Services.VVe provide these same services to communities throughout the state, including many nearby Southern California municipalities. We maintain a highly qualified staff ofexperienced building safety professionals who are able to support the plan review, building inspection, and building official needs of our clients. VVe are familiar with and possess a strong understanding of State, County' Local and other applicable code'reiatedrequirernenta.

The founders of BPR share the values of providing quality services and a very high level of customer service to our clients.Ourfocus is to support California building departments ina professional manner allowing our clients the ability to provide efficient,timely and professional building safety services for the communities they serve. 8PR Consulting Group understands that the City of 8eii Gardena is looking to partner with a highly qualified consultant with proven expertise in providing contract building plan check services as well as on-call building inspection and building official consulting services. We further understand that plan review services will be remote and ongoing. Building inspection and building official services will be on-call and as-needed to cover staffing absences and/or large projects vvhereadditionaiaupportianeeded.

BPR is highly qualified and interested in providing the requested services and has proposed staff that possess the appropriate experience,qualifications,education and licenses or certifications.

From the RFP,*ue understand,and are able to provide the following:

Plan Check Services
* 8PR'a Plans Examiners will review plans prepared by or on behalf ofthe various private developers, homeowners, and project owners for compliance with applicable building codes and City adopted ordinances.
* All plan reviews will be conducted in coordination with other City departments to ensure appropriate requirements of those departments are incorporated prior toapproval. * 8PR Plans Exarnineravviiivvorkvvith project appUcantatoenaurerevievvabyotherappropriateagenciea relative to the enforcement ofthe Fire Codes, Sanitation Codes and Health Codes are completed prior to recommendation for approval.

As-Needed Building Inspection Services
* BPR Building Inspectors will provide as-needed building inspection services to ensure compliance with all applicable building codes and adopted City ordinances aarequired. ��
- - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - ����- - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - �� �� ��
Exhibit 120

CIII' y OI1: 113 IIEII1..II1.. G AII1II)IIEIIN

PROPOSAL AS-NEEDED BUILDING INSPECTION AND PLAN CHECK SERVICES • BPR Inspectors will be available to support the City during staff shortages and for large projects requiring additional support.
• When requested, BPR Building Inspectors will provide timely inspections for each project at the completion of the various stages of construction to determine compliance with the appropriate City codes.

As-Needed Building Official Services
• BPR's Project Manager and proposed Building Official is Certified by the International Code Council as both a Building Official and Master Code Professional and will provide off-site and as-needed Building Official consulting services as requested.

PROJECT APPROACH
On the following pages you will find additional details on BPR's ability,qualifications and approach in providing the requested services to include an estimated timeline for plan check services.

IP Il„AIN ICE IE II IE,
................................................................................................................................................................................................................................................................................................................................................................................................................................................................................................................................................

BPR's staff possesses significant technical capabilities in all areas of plans examination competency gained from years of experience providing these same services to multiple California building departments.All plans examiners are California Licensed Engineers or ICC Certified Plans ,.

Nµ,
Examiners with multiple years of experience providing plan review services. Our staff will conduct accelerated or project-specific phased plan reviews on an as-needed basis as requested by clients.

Plans examiners will provide comprehensive plan review services to the city and review submitted project documents for compliance with all � � w
applicable Federal,State and local codes and ordinances. Disciplines will include, and are not limited to Civil, Building, Plumbing, Electrical, Mechanical, Green Building, Energy Conservation,Geotechnical,Structural and CASp.

Our plans examiners have a thorough understanding of code requirements, are able to read, understand and interpret construction documents, topography and grading plans, energy calculations, geotechnical reports, structural calculations, electrical load calculations, commissioning reports, and other associated design documents. Our plans examination staff have the ability to prepare well-written plan review letters, communicate effectively orally and in writing and work effectively with City staff, project design teams, contractors and permit applicants.Our plans examiners possess knowledge of the most current state and local adopted building standards.

Architectural
BPR's non-structural plans examiners have provided plan review services for a vast array of projects including large residential, commercial, institutional, industrial, retail, and OSHPD 2, 3 and 5 medical office buildings.

Many of our plans examiners are CASp certified. Completed plan review projects range from single-story residential projects to complex high-rise commercial buildings and numerous building additions and remodels.

BPR
Exhibit 2 121

CIII' y OIIP' 113 IIEII1..II1.. G A IIR IIDIIEIIN

PROPOSAL AS-NEEDED BUILDING INSPECTION AND PLAN CHECK SERVICES We are experienced and familiar with the use and application of the most current editions of the following model codes:
■ California Building Standards Code 0 NFPA Codes&Standards (Title 24) Parts 1 through 6 and 9 0 CA Code of Regulations (CCR)Titles 19 and 25 ■ International Building Code (IBC) 0 Jurisdiction-Adopted Amendments or Ordinances ■ Americans with Disabilities Act 0 CA Existing Building Code Standards for Accessible Design 0 CA Historical Building Code ■ ANSI Standards
Structural
Our structural engineers have extensive experience reviewing and designing building projects subjected to the significant seismic loads necessitated by the geographic location of the City of Bell Gardens. Our structural engineers have reviewed all types of projects including residential, multi-family, commercial, and multi-story projects including mid-rise and high-rise projects, institutional projects, industrial projects, retail buildings, schools, medical office buildings and court facilities.

Our structural engineers have experience designing and reviewing projects constructed with all building materials including the following:
■ Wood ■ Structural Steel
■ Reinforced Masonry ■ Light Gauge Steel Framing ■ Heavy Timber/Timber Frame/CLT ■ Straw Bale ■ Reinforced and Prestressed Concrete ■ Rammed Earth ■ Stressed Skin Panels 0 Insulated Concrete Forms, (ICF) Our engineers have designed or reviewed a wide array of structural lateral force resisting systems including:
■ Structural steel moment frames ■ Masonry shear wall systems ■ Buckling-restrained braced frames ■ Concrete shear wall systems ■ Eccentric braced frames ■ Cantilevered column systems ■ Concentric braced frames ■ Pre-stressed and post-Tensioned Concrete ■ Concrete moment frames ■ Various proprietary lateral force resisting ■ Wood shear wall systems systems
Our structural engineers and inspectors are experienced with the provisions of most model codes including current versions of:
■ CCR Title 24, Part 2,Volumes 2&2.5 ■ ANSI/AF&PA NDS for wood framing ■ International Building Code (IBC) ■ ACI 318 ■ AISC 341,358 and 360 0 ACI 530/TMS 402/602 ■ ASCE 7 0 CA Historic Building Codes
■ ASCE 41 0 CA Existing Building Codes ■ AISI Standards for Cold Formed Steel 0 NEHRP
BPR
Exhibit 2 122

CIII' y OIIP' 113 IIEII1..II1.. G A IIR IIDIIEIIN

PROPOSAL AS-NEEDED BUILDING INSPECTION AND PLAN CHECK SERVICES Mechanical, Plumbing&Electrical
BPR's Mechanical and Electrical Engineers are well versed in the California Mechanical, Plumbing and Electrical codes.We will review submitted design documents to ensure compliance to the current edition of the following codes:
■ California Building Code ■ California Mechanical Code ■ California Residential Code ■ California Electrical Code ■ California Plumbing Code ■ Jurisdiction-adopted amendments Fire Code Plan Reviews
Our experienced and licensed professional Fire Protection Engineering staff and certified Fire Plans Examiners are properlytrained and prepared to address anyfire safety plan review needs.If requested,ourfire safety plan review staff can quickly and accurately check plans for compliance with applicable fire codes and standards.

Our fire protection staff routinely review and inspect projects for compliance with CA Fire Code fire and life safety regulations.

Our Fire Plans Examiners have extensive experience in the use and application of the following model codes, standards,and regulations:
■ California Fire Code (CFC) and California Building Code (CBC),with local amendments and regulations. ■ Adopted National Fire Protection Standards
■ California Health and Safety Code
■ Appropriate listings (CSFM, U.L.,etc.)for common systems and materials ■ Fire Department Standards
■ Municipal,State or Federal regulations enforced by local Fire Agencies ■ NFPA Standards 13 (automatic fire sprinkler systems ■ NFPA Standards 14(standpipes)
■ NFPA Standards 20 (fire pumps)
■ NFPA Standards 72 (fire alarms)
■ NFPA Standards 96 (smoke control)
■ NFPA 101 Life Safety Code
BPR's staff is active with California Fire Prevention Officer's Association, as well as local chapters of International Code Council Building Officials Organizations throughout the State of California.

Energy Compliance
Our engineers and plans examiners are up to date on all California EnergyCode requirements as the relate to both new q Y
and remodel construction for all project types. Our staff have �p experience verifying California Energy Code requirements for r , l�T
projects located within all climate zones. The Energy Efficiency r
Standards for Residential and Non-Residential Buildings were established in 1978 in response to a legislative mandate to reduce California's energy consumption. These standards have BPR
Exhibit 2 123

CIII' y OI1: 113 IIEII1..II1.. GAII1II)IIEIIN

PROPOSAL AS-NEEDED BUILDING INSPECTION AND PLAN CHECK SERVICES been updated since that time to address a multitude of building components,systems and equipment with the goal of having new and updated buildings be more energy efficient, comfortable for building occupants, and less reliant of fossil fuels.

Green Building Standards
BPR's plans examination staff have a working knowledge of the proper incorporation of CALGreen building criteria into project designs and the resulting potential impact of these standards related to building code compliance and the environment.Our plans examiners will review project documents to verify compliance with adopted Green Building Code Standards as required by state law and local amendments and ordinances.

LEED
Developed by the US Green Building Council (USGBC), LEED provides building owners and operators a framework for identifying and implementing measurable green building design methodologies, construction, operations, and building maintenance. LEED certification consists of a variety of rating systems applicable to multiple building types including commercial as well as residential. Ratings reflect a measure of how well a building performs across many sustainability metrics including:
energy savings, water efficiency, CO2 emissions reduction, indoor ` environmental quality, energy usage and the projects impact on the local environment.

Access Compliance&CASp Review
rv,
All BPR CASp-certified plan review and inspection professionals are knowledgeable of state and federal accessibility laws and regulations and possess the expertise necessary to promote access to facilities for persons with disabilities.Our staff are experts in the industry, maintaining appropriate certifications demonstrating their expertise, and are experienced providing services for building departments in a seamless manner balanced and in coordination with our client's expectations and needs. We work collaboratively with our clients to address accessibility plan review and inspection related issues as efficiently as possible.

Our plans examiners are fully trained and familiar with CA Building Code Accessibility requirements and ADA compliance requirements and are available for plan review and/or inspection services. We offer support to municipalities for compliance enforcement and/or developing transition plans. We can assist our clients in researching and providing interpretations of various specific issues related to access compliance including access compliance obligation, transition plan development, construction costs and phasing, and regulation interpretations.

Flood Zones
BPR's staff of engineers and plans examiners have experience in providing plan reviews for projects located in FEMA designated flood zones and areas prone to flooding.BPR Consulting Group's staff has provided numerous plan reviews for projects located in flood zones using FEMA's Technical Bulletins as well as locally adopted BPR
Exhibit 2 124

CU TY OF I ELL GARDENS
PROPOSAL As-NEEDED BUILDING INSPECTION AND PLAN CHECK SERVICES ordinances.Additionally, members of our team have participated in state-sponsored committees to establish guideline and building code requirements for projects planned in areas designated as flood zones.

OSHPD 2,3&5
BPR Consulting Group's staff of plans examiners and building inspectors have extensive experience providing plan review and inspection services for OSHPD 2, 3 and 5 projects. BPR staff members have sucessfully plan reviewed many OSHPD3 hemodyalisys centers, outpatient surgery centers, hyperbolic chamber wound care facilities, and acute psychiatric facilities. BPR maintains an OSHPD certified inspectors on staff specifically to provide inspection services for OSHPD 2,3,and 5 projects during construction.Our staff is well versed with the OSHPD 2, 3 and 5 requirements included in the California Building Code. Our inspection staff has recent experience providing inspection services for hemodialysis, outpatient surgery, hyperbolic chamber, medical clinics and acute psychiatric facilities.

Customer Service I Responsiveness
BPR's staff is always available and willing to d discuss plan review issues for projects that we
have reviewed with Building Division staff,
applicants, designers and contractors via in-
p p � g
i �y of
person or electronic meetings,telephone, or e-
mail as required to resolve plan review related �;y issues. We maintain Microsoft Teams, Zoom
�®
and GoToMeeting accounts to foster efficient
communication with project proponents
regardless of their physical location. Voice
mails and e-mails will be responded to the same day they are received, if possible,always within 24 hours.

BPR's staff when not available immediately, will respond within one business day to questions from the Building Official or inspection staff which may be generated during field inspections of projects which were reviewed by BPR staff.

On-Site Consultant Services & Meeting Attendance
Our plan review staff is available for pre-construction or pre-design meetings, field visits, contacts with the design team, and support for field inspection personnel in person or virtually as needed.We understand,fully grasp,and utilize the efficiency afforded by the many electronic meeting platforms that have become available in recent years. We find electronic meeting platforms such as Microsoft Teams, Zoom, and others allow for efficient and constructive communication between parties located throughout the United States and are an efficient tool for resolution of challenging issues both during plan review and field inspections. Our staff is available to meet with the City, project applicants and their design teams either in person or via electronic platform to resolve plan review issues efficiently and collaboratively.

BPR
Exhibit 2 125

C III' y O IIP° IB IIE III,.III,. G A IIR IID III.IN

PROPOSAL AS-NEEDED BUILDING INSPECTION AND PLAN CHECK SERVICES Electronic Document Review
We understand that plan reviews are currenitly
performed via paper submittal but that the
City is working with a consultant to provide
permitting software in the future. BPR's staff l F t
are thoroughly experienced providing 1 electronic plan review and will perform
electronic plan reviews as requested by the J e.

City using a format that is acceptable to the
City. BPR will comply with the City's
established policies and procedures for
electronic plan reviews. BPR maintains an efficient cloud-based, electronic-document, submittal system for receiving and sending large electronic document files. Our electronic document portal utilizes a ShareFile system to allow permit applicants and client staff the ability to upload construction documents for our plan review services. We are also able to use Dropbox to share and collaborate with the City. Multiple BPR clients allow our staff direct access to theirAccella system in orderto download assigned plan review documents and to update project status upon completion of their reviews.

BPR has provided electronic plan review services,serving building departments and other public agencies with efficient electronic plan review services.We currently utilize the Bluebeam electronic plan review system and we are experienced and prepared to provide electronic plan check services for your community utilizing this same system. We have worked with multiple clients to purchase and deploy Bluebeam software, develop jurisdiction-specific stamps, develop tools to increase efficiencies for electronic plan reviews, and participate and provide ongoing training on the use of the software.

Transporting Plans
For paper submittal documents,we will arrange for all pick-up and delivery of the plan review documents from your office at no additional cost.We utilize specific methods for project document pick-up and delivery with the goal of providing same-day service.

Communicating Plan Review Results
Plan review comments,when necessary,will be type written and referto specific details,drawing or supporting document,and reference applicable code sections. BPR will provide a clear,concise,and thorough plan review letter itemized by specific discipline such as life safety,accessibility,structural,plumbing,mechanical,etc.,that can be utilized by clients, designers, contractors, and owners to understand the noted deficiencies and make necessary corrections to the project documents.At the completion of each plan review cycle, BPR Consulting Group will return a copy of the plan review comment list to the designated applicant and project representative.

If requested, we will coordinate plan review re-checks directly with the designated project applicant. Upon completion of the plan review process,we will return completed plan review documents,in either hard copy or electronic format as needed,bearing BPR's plan reviewstamps and readyforfinal approval and permit issuance by the jurisdiction.

BPR
Exhibit 2 126

CU�y o ii: IB i"iii..iii.. G A IIR IID 111"IN S
PROPOSAL | As-NEEDED BU|LD|N6 INSPECTION AND PLAN CHECK SERVICES Standard Plan Review Completion Timmwframmww
VVe complete all plan reviews within the timeframes shown below for both commercial and residential projects as our standard business practice.We will accommodate any turnaround schedule agreed to with our clients.

VVe can provide expedited plan review services when requested.

Maximum Turn Around Time
Project Type (Business Days)
Initial Submittal Backcheck Reviews
Residential (Single Family)
New Construction 10 5
New Construction 10 5
Remodel,Tenant Improvement 10 5
Large,Complex Commercial or 10 5
Residential Multi-Family Projects
011 11 / AS~INIEIIIII MUNGUNSPECTUON
8PR maintains the staffing and ability to provide experienced and qualified building inspectors who are appropriately |CC'certified to provide the requested inspection services. If needed' 8PR can provide experienced and Certified Building Inspector(s)to perform all building inspections.

Our inspection staff will perform inspection services to verify that the work of construction is in conformance with the approved project construction documents as well as identifying issues of non-compliance with applicable building codes. Our field inspection services will include inspection of all portions of projects including project sites as applicable. Our building inspectors will write legible and understandable correction notices and field reports, and will be available to answer in peraon' ernaiied' or telephone inquiries. All inspection personnel assigned will be ICC and/or CASp certified as required.

We understand that many municipalities have amended code sections,policies and ordinances that impact the work that is inspected and shown on approved project plans. Our inspection staff will familiarize themselves with local requirernentato ensure thatthep jectavveareinapectingarecornpiiantvvithiocaiandcurrentcode requirements.Specifically,our inspectors will ensure compliance with the applicable provisions of the Title 24 California Building Standards Code, Parts 1 through 12,covering structural,fire prevention, life safety,disabled access, energy conservation, green building, plumbing, mechanical and electrical installations in residential, commercial, industrial,existing,and historical buildings. 8PR'a |CC/CA5p certified inspectors have performed building inspection services on a wide variety of construction projects including master planned developments, single-family production' custom homes, ��
- - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - ����- - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - �� �� ��
Exhibit 127

CU TY OF I ELL GARDENS
PROPOSAL As-NEEDED BUILDING INSPECTION AND PLAN CHECK SERVICES commercial, manufacturing, institutional, assembly, essential service, industrial projects, and historically designated buildings. When necessary for large or fast- paced projects, multiple inspectors can be made available. . W BPR's inspectors will inspect projects to verify conformance , with approved project drawings and specifications which will include review of the permit documents to verify that i onsite conditions are consistent with the approved documents for size, setbacks, heights and other applicable l `
requirements. At the completion of inspections, BPR's inspectors will update database information and complete necessary forms and documents as required to provide seamless service.

Inspector Qualifications&Certifications: BPR will work with the City of Bell Gardens to select appropriately qualified inspectors with applicable experience and specific code knowledge based on the types of projects assigned for inspection. All BPR inspectors are ICC-certified, with many maintaining CASp certification. In addition, BPR employs OSHPD certified inspectors available for inspection of OSHPD designated facilities.

Qualified inspectors having experience with inspection of new, existing and historical buildings/sites, building code enforcement,will be assigned as appropriate.

Inspection personnel will have the ability to read, understand and interpret construction plans,truss drawings and calculations, prepare and maintain accurate records and reports, communicate effectively orally and in writing and to work effectively with contractors, permit applicants, homeowners and agency staff. Inspectors will possess knowledge of approved and modern methods, materials, tools and safety used in building inspection and the most current building and fire standards. Our inspectors are familiar with most of the common scheduling and tracking systems utilized by building departments and can quickly adapt to your systems and requirements.

IN-CAII„11 / A -INIEIEII IEII I UIIII„II III G 01FIFICIA11„ IER IICIE ................................................................................................................................................................................................................................................................................................................................................................................................................................................................................................................................................

BPR Building Officials have extensive experience implementing and maintaining the procedures and processes critical to ensuring a Building Department runs smoothly.Our staff haveworked with numerous public agencies throughout California and possess the skills required to work effectively with all parties involved.

Our proposed Building Official is an ICC Certified Building Official and Master Code Professional with years of experience directing and managing the full spectrum of building department services and has held a variety of building division positions, including working as a Building Official, Inspector, Plans Examiner,and supervisor of building department services, knows the importance of communication with the City, staff, and other departments and is comfortable representing the Building Division at City Council meetings.We are confident that our proposed Building Official's nearly 30 years of relevant experience will translate into efficient, technically sound,and customer-focused leadership for the City of Bell Gardens when requested.

Areas of responsibility for the On-Call,As-Needed Building Official may include but are not limited to:
• Provide support to the Supervisor/Senior Building Inspector, Building Inspector, and other staff on an as needed basis.

BPR
Exhibit 2 128

CIII' y OIIP' 113 IIEII1..II1.. G A IIR IIDIIEIIN

PROPOSAL AS-NEEDED BUILDING INSPECTION AND PLAN CHECK SERVICES • Attend City Council and/or Commission meetings on an as needed basis. • Building Department administration
• Oversee plan review services to ensure assignments are completed within specified timeframes. • Oversee all plan review servicesto ensure compliance with all applicable Federal,State,and local codes and ordinances.
• Oversight of all inspection activities
• Quality control review of plan checks and inspections. • Building Code updates for Municipal Code adoption
• Respond to resident inquiries and complaints.
• Provide on-going support of the City's automated permitting system. • Review discretionary applications for preliminary compliance with construction codes. • Coordinate a proactive abatement program.
• Create and/or update the City's internal Building and Safety Procedures Manual • Monthly/Annual Reporting of Building Safety Activities a
. a
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N,,,,,
BPR
Exhibit 2 129

CUTY OF I ELL GARDENS
PROPOSAL As-NEEDED BUILDING INSPECTION AND PLAN CHECK SERVICES Section 3
II II IIIE11:1;II IIIE11:1;II "'r A Nil) "' IIII° IIII° IIII II We have identified Ron Beehler, SE, CBO as Principal-in-Charge to serve the City of Bell Gardens. Ron will serve as your primary contact throughout the RFP process,will manage all contract and billing issues and will be the individual authorized to negotiate and execute the Consultant Services Agreement with the City. Mark Berg, CBO, MCP, will serve as Project Manager / Building Official and will be your primary representative throughout the term of the contract. Mark will manage the successful delivery of services. Bill Rodgers,SE will serve as Plan Review Managerto ensure all plan reviews are performed efficiently,consistentlyand on schedule.

The Organization Chart below provides an overview of the staff selected to serve the City of Bell Gardens.As a full-service building department consulting firm, BPR maintains a staff of over 70 individuals with the experience, aptitude, and qualifications to perform all aspects of the plan review and inspection services the City is requesting.

PIFEMCIPAIL 4N-CHARGE
Ron Eawehler,SE„CBO
-----------------
PRO tt r:T MAIIhiAG"SE RK.,B
Mark Berg,CB , MOP, ICC
PLAIN IREVIIE'4,^W IPLAN REVIEW Log.ILMNG INSPECTOR'S NON.iaRmUC::TURAL. STRUCTURAL
Joe Guaajardrr.ICC
Denise Rt e ,c= G'F'0,ICC hill rkra�Epo-n, `)Er PIlan(Review Maaea nr nano l usc^sa,IC.C°.

Ea avd Ciastullo,ME FFIE 1ee9a r F'Iela isond d'I"aE Gabriel!Aruiluem,CA Sp,1(rC Niuimas Eaiioab rcler,l,AE,ICC Ron Heeld r SEW:,CBO I I CIE O,ICC Jerranwl.Scheiber,II ICC I H2:au'a aaaaatla,SE Pick Walters',CASp LILED,CBO,BCC.

JinCEITer ZEa ang,LIE, ICC Joseph L[caniaxrd„SE I Koch,CBO,ICC Jeron,ie Hob erg,AIA C.ASp C.h ad s Ng arawga,SE l'om Scott,CM),1CC, Rick Maddox,IICC KyW Hansen,PE'. Michael Zimmer,€G;,"c Mark Erlaeyo°s,CBO'ICC Ch aaidraa I esm,IPE sidom z alp en'ICC Mark IL3erg,CBO,FACT",ICC Peter Tdaratm snuv,PE Landon Collins,IIGC Kevin Brenton,CBO,CASp,BCC Gliv Ieril CFieistlaarr cie'SIeWVIC,IC Sliz,cen Vcan derpaed,ICC
Nathan SaaiacinC,r,1(.,C
T"TIrnn"ala R6k au'el,hC.C': CIVIL CDIaIEaffE&GRAIDIING RIEVEEW Rius e0 191,air',ICC
I Vink,CS FM Don(;trl'aa`Md I QC'nI':

Andrew Burks CASpa IICC',
Rick fW%Ulnlinw C ASp 1(-,C
i mi �Lolt G LTt'",1,ICC
Rick Walters,CA Sp) p lTff'D,CBO,ICC
BPR
Exhibit 2 130

C'TY OF I ELL GARDENS
PROPOSAL As-NEEDED BUILDING INSPECTION AND PLAN CHECK SERVICES The founders of BPR share the values of providing quality services and a very high level of customer service to our clients. Our focus is to support California building departments in a professional manner allowing our clients to provide efficient,timely and professional building safety services for the communities they serve.As demonstrated by the brief biographies below, we have a highly qualified and experienced team of building safety professionals available to provide timely and high-quality plan review, as-needed building inspection and as-needed building official services to the City.Complete resumes of the managementteam and staff have been included in the Appendix.

MANAGEMENT
IRon IBeeler,SIE, C1130 PRINICPAL-IN-CHARGE Ron is licensed as a Civil and Structural Engineer in California and Nevada, certified lull 'lr;
by the International Code Council as a Building Official, Plans Examiner and Building Inspector. Ron is uniquely qualified to evaluate and manage all building department services. He utilizes experience gained through more than 35 years of hands-on experience performing life safety, accessibility and structural plan reviews to successfully manage building departments, building department services and high- profile projects on behalf of public agencies throughout California. Ron's experience includes establishingand coordinating on-site building department services for large multi-building projects and unique fast paced development projects. His background includes the position of Chief Building Official with the City of Sacramento directing a staff of 120 engineers, plan reviewers and building inspectors, Chief of Engineering Design and Construction for the California National Guard and Senior Structural Engineer with the Office of Statewide Health Planning and Development (OSHPD). Ron has served as Chief Building Official for multiple California public agencies including interim assignments. Ron will manage all contract and billing issues and will be the individual authorized to negotiate and execute the Consultant Services Agreement with the City.Years of Experience:35 IMrk Ir ,CIS , IMCIP, IICC PROJECT MANAGER Mark is an ICC Certified Building Official, Fire Code Official, Plans Examiner, Building Inspector, and Master Code Professional with experience performing life-safety, architectural, mechanical, plumbing,electrical, and fire reviews in residential, multi- family and commercial projects. Mark has successfully guided department staff with inspection and plan review of all phases of complex construction projects. He is experienced utilizing building department permit tracking software and managing irr and performing all common building department responsibilities, including plan review, multi-discipline inspections, plan review and inspection scheduling, field supervision, regulatory compliance, code interpretation, and project acceptance.

Mark also possesses exceptional skills in complaint resolution, problem solving, damage assessment and team building.Years of Experience:31 BPR
Exhibit 2 131

CITY OF I ELL GARDENS
PROPOSAL As-NEEDED BUILDING INSPECTION AND PLAN CHECK SERVICES IBM IRodgers,SIE PLAN REVIEW MANAGER I STRUCTURAL PLAN REVIEW Bill is a California licensed civil and structural engineer with over 30 years of experience in the field of structural engineering, including over 20 years of r%
experience as a plan review engineer. Bill has worked closely with Building r
Departments across the State of California, including many years serving the City of West Sacramento, and has assisted government agencies with numerous projects of varying size and type.His wealth of experience includes managing plan review services throughout California and Nevada on behalf of public agency clients and performing structural plan review for commercial and residential projects.Bill will serve as the City's Plan Review Manager.Years of Experience:30

STAFFU I I TI
Our focus is to maintain the highest and best qualified building department staff in the industry. BPR's staff has a proven track record of providing high quality and timely services on behalf of the public agencies we serve.

Below you will find brief biographies of the team proposed to serve the City.

IRoger Peterson,SIE STRUCTURAL PLAN REVIEW Roger is a California licensed civil and Structural Engineer,and an experienced building safety professional with 35 years of experience in structural design and building plan review. Roger has designed and provided plan review services for single and multi-story steel, and concrete-framed buildings, as well as structures utilizing timber, and masonry framing systems. Roger's experience includes plan review of numerous high-profile and fast paced multi-story building projects for multiple public agency clients including management of inspection programs for these same types of projects. Roger utilizes his detailed code knowledge, extensive design experience and on-site construction project experience to ensure accurate, thorough, and timely plan review and inspection services on behalf of municipal client agencies.Years of Experience:35 IElena IH rfs uu h,SIE STRUCTURAL PLAN REVIEW Elena is a California licensed structural engineer with over 20 years of experience plan reviewing and designing building structures utilizing the California building codes, from small home renovations to large warehouse spaces, custom homes and steel and concrete framed buildings. Elena's strengths include experience with multiple building materials including wood, light-gage, masonry, steel and concrete; knowledge of the California Building Code and proficiency in relevant software programs including Enercalc,SAP2000,L-Pile and AutoCAD.Years of Experience:22
J s 1phi II„eonard,SIE STRUCTURAL PLAN REVIEW Joseph has 20 years of experience as a structural engineer experienced with light framed construction, including single family dwellings, commercial buildings, and public schools, throughout California. Joe is an accomplished structural plans examiner having reviewed all types of projects to verify compliance with California Building Code requirements.Joe utilizes his skills and experience to provide efficient and transparent plan reviews in support of BPR
Exhibit 2 132

CIII' y OIIP' 113 IIEII1..II1.. G A IIR IIDIIEIINS

PROPOSAL AS-NEEDED BUILDING INSPECTION AND PLAN CHECK SERVICES our clients' plan review operations. Joe is personable and works closely with project applicants to successfully address and resolve identified plan review issues. Years of Experience:20 Charles INganga,SIE STRUCTURAL PLAN REVIEW Charles is a California Licensed Structural engineer with a Master of Science degree in Civil Engineering from California Polytechnic State University in San Luis Obispo. He is also a certified ICC plans examiner with nearly 10 years of experience. His work experience, excellent education and solid commitment to the industry has enabled Charles to develop a solid track record of consistently providing clients with exceptional service.Charles shares his skill and knowledge with other building safety professionals by developing and teaching building code related classes.Years of Experience:9
Ili � IHans n, PIE STRUCTURAL PLAN REVIEW Kyle is a California Licensed Civil Engineer with relevant experience providing plan review services to California public agencies to ensure compliance with all relevantand applicable buildingcodes,ordinancesand requirements.

Kyle offers incredible attention to detail and an admirable focus on customer service.Years of Experience:7 Chandra Ilse PIE STRUCTURAL PLAN REVIEW
Chandra is a California Licensed Civil Engineerwith over 35 years of experience in structural engineering,which includes the design of structures for residential, commercial and industrial facilities. He has over 16 years of experience providing plan review, permit processing and field issue resolution for all types of buildings.Years of Experience:35
IP f r Simonsen, PIE STRUCTURAL PLAN REVIEW Peter is a California Licensed Civil Engineer with relevant experience providing plan review services to California public agencies to ensure compliance with all relevantand applicable buildingcodes,ordinancesand requirements.

Peter brings careful attention to detail and a clear focus on customer service. Peter focuses primarily on structural review as he works towards becoming a licensed structural engineer.Years of Experience:5 Valentina Ofivi ri,Structural IPlans IEx min r PLAN REVIEW Valentina is skilled at evaluating and reviewing building plans, engi neering/structu rat calculations, specifications, geotechnical investigations,engineering reports,etc.for compliance with building codes,policies,andjurisdictional requirements for residential buildings,minor commercial and industrial projects.Years of Experience:3 II Castillo, II IFIPIE PLAN REVIEW
David brings more than 35 years of breadth, depth, and knowledge of mechanical engineering, design, and plan review to any project. A California licensed professional Mechanical Engineer and Fire Protection Engineer, his expertise encompasses HVAC, Plumbing, Medical Gases, and Fire Sprinklers. David's background includes mechanical engineering, design, and plan review on Central Treatment Centers, Substance Abuse Treatment Facilities, Inpatient Mental Health Clinics, and Inmate Housing Units for the Department of Corrections. He has engineered and designed Acute Care Hospitals, Skilled Nursing Facilities, Surgery Clinics, Psychiatric Hospitals, Pharmaceutical Plants, Industrial Plants, Educational Facilities, and Hi-Rise Commercial Buildings. Years of Experience:37
BPR
Exhibit 2 133

CIII' y OIIP' 113 IIEII1..II1.. G A IIR IIDIIEIINS

PROPOSAL AS-NEEDED BUILDING INSPECTION AND PLAN CHECK SERVICES Thomas Trimmer ,r, II CII IICC PLAN REVIEW Thomas has more than 30 years of experience working within building departments both successfully providing and supervisingvirtually all building department functions.Thomas is CA Registered Mechanical Engineer,ICC Certified Building Official, Plans Examiner and Building Inspector. His extensive experience and knowledge enable him to provide excellent services to our clients.Thomas is skilled at developing relationships with developers, designers and the community to ensure plan reviews, inspections and development review functions are performed in an effective and efficient manner. He continuously assists clients by providing guidance and education on the construction and inspection process.Always helpful, personable, professional and successful in delivering a high level of customer service.Years of Experience:30
Jin Ip i Zhang, IEIE PLAN REVIEW
Jingpei isa licensed electrical engineer in California and has over 30 years of experience.He holds a master's degree in Electrical and Electronic Engineering.His extensive experience in designing variety of facilities and systems lends to his ability to provide excellent plan review services. His experience includes the design of electrical distribution systems for healthcare centers,data centers,commercial and industrial building and educational facilities.Years of Experience:27
Jerry Schreiber, II IICC PLAN REVIEW
Jerry has more than 40 years of electrical industry experience.He is a licensed electrical engineer in California and Hawaii and is certified by the International Association of Electrical Inspectors as an Electrical Plans Examiner and Electrical Inspector.Jerome's experience is wide and varied,having provided engineering services to the military, public utilities,private organizations and municipal agencies.Years of Experience:40 Jerome IHober ,AIIA, CASp ARCHITECT
Jerome is a licensed architect and CASp certified professional with over 39 years of experience in both the public and private sectors. His in-depth familiarity and understanding of building codes and regulations coupled with his hands-on experience in design development, construction documentation and plan review makes him an asset to building projects of all types. Years of Experience:39 IDenise IReese, CII IICC PLAN REVIEW
Denise is an ICC Certified Chief Building Official and Life Safety Plans Examiner.She has experience performing life-safety, architectural, mechanical, plumbing, electrical, and minimal structural reviews in residential, multifamily and commercial projects, including OSHPD-3 licensed facilities. This valuable experience is also evident in that Denise specializes in working with applicants, designers and jurisdictions, having successfully served multiple California communities.Years of Experience: 13 Andrew Durk , CASp, IICC PLAN REVIEW
Andrew is a Certified Access Specialist and ICC certified Plans Examiner with more than 11 years of industry experience in plan review,inspection,administration and estimating.Andrew has extensive plan check experience in multi-story mixed use projects and provides in-depth review of accessibility issues to ensure compliance with all California Building Codes. His CASp certification provides him with the ability to ensure all aspects of accessibility BPR
Exhibit 2 134

CIII' y OIIP' 113 IIEII1..II1.. G A IIR IIDIIEIIN

PROPOSAL AS-NEEDED BUILDING INSPECTION AND PLAN CHECK SERVICES have been achieved.His formal training in ICC codes,as well as on-the-job experience,helps him to provide thorough and accurate commercial and residential plan reviews and inspections.Andrew is an excellent asset to any building department both in the office and out in the field.Years of Experience:11 II IMa ul irk, CA Sp, IICC PLAN REVIEW
Rick is a skilled Plans Examiner and Inspector for major multi-discipline and multi-level building projects,known for providing inclusive plan examinations and support to fellow co-workers and various jurisdictional building staff. As a Building Official, Senior Plans Examiner and Senior Inspector, Rick has 37 + years of management, inspection, contracting, building inspection,and building code compliance review experience, including experience with both a city agency and the private sector.Years of Experience:37 II IMaddox, IICC PLAN REVIEW
Richard brings over 25 years of experience in all aspects of plan review and building inspections. Richard provides accurate and complete electrical plan reviews of residential and commercial buildings. While working for Clark County Building Department,Richard represented his department for multiple years at all electrical industry events such as IAEI, IEEE,AGC, NEMA,ABC, SNHBA and IBEW. Richard maintains his electrical plan review and inspection skills by regularly participating in industry and code related training and attending electrical safety and electrical industry symposiums.Years of Experience:28
II I r nton, CII CA Sp, IICC PLAN REVIEW
Kevin is a California Certified Building Official, a CASp professional and Commercial Combination Building Inspectorwith over 24years in the construction and inspection industry combined.He isan active local chapter member of the International Association of Plumbing and Mechanical Officials and active member of the local chapter of the International Code Council.Years of Experience:24 Sharon Vanderpool, IICC PLAN REVIEW
Sharon is a proficient building plans examiner with over seven years of experience with residential construction projects and permitting. She is well-versed in the design and plan review process, municipal submittal requirements,and building permit procurement.Years of Experience:7 IN than Saracino, IICC PLAN REVIEW
Nathan has nearly 20 years of experience in the construction/building industry with a strong proven knowledge of Federal,State,and local laws,codes and ordinances as they relate to building construction.He is fully versed in the accepted safety standards,testing procedures and methods of construction.He possesses the ability to read and interpret various codes and to apply good judgment in the enforcement of such. Nathan's hands on experience in the construction field coupled with his knowledge and experience in building inspection and plan review make him an asset to any project he is assigned. He possesses a strong work ethic,proactive problem-solving approach and is a valuable team player.Years of Experience:19
Tammie III, IICC PLAN REVIEW
Tammie has 30 years of experience in municipal government, performing a wide range of functions in Community Development, Building and Planning Divisions. Her education, certifications and experience BPR
Exhibit 2 135

CIII' y oIIP: 113 IIEII1..II1.. G A IIR IIDIIEIIN

PROPOSAL AS-NEEDED BUILDING INSPECTION AND PLAN CHECK SERVICES provide her with a well-rounded and broad- based capability to deliver excellent customer service in all capacities of permit center management, building code administration, plan review and field inspection within a development services department.Years of Experience:30 Russell II IICC FIRE PLAN REVIEW
Russell brings more than 40 years of experience as a career member of the fire service. He has managed and participated in a wide range of projects including plan review, inspection, hazard analysis, fire investigation, fire suppression, hazardous materials response, emergency medical services, policy development, and curriculum development. Russ is a four-time graduate of the National Fire Academy in Emmitsburg, Maryland, specializing in the Fire Prevention Management Curriculum. He currently provides fire protection plan review services to building and fire departments throughout California.Years of Experience:40 Melissa Vink, CSIFIM FIRE PLAN REVIEW
Melissa is a results-driven professional with over 15 years of experience in the fire service,including seven years as a hospital-based fire inspector.She was appointed as a Designated Campus Fire Marshal from the California State Fire Marshal's Office and is highly efficient in performing fire inspection and plan review services for a wide variety of clients and project types.Years of Experience: 15 Ire Cfilbr, II QSID CIVIL PLAN REVIEW
Don is a highly experienced Licensed California Professional Engineer with extensive project experience and management experience.Specific skills include budget strategy, preparation and oversight and implementation of best practices across multiple departments. Knowledgeable in enforcing compliance and minimum standards to safeguard life, limb, health property and public welfare. Don has successfully provided project management expertise for many California clients.Years of Experience:16 Ilrlk Ilyr , CII IICC PLAN REVIEW/INSPECTION
For over 30 years,Mark served as a Building Official,Deputy Building Official,Building Inspector,Plans Examiner and Permit Coordinator serving multiple California communities. He has implemented permit tracking software for multiple jurisdictions, prepared operating budgets and managed all facets of building department activities.

He currently serves as an Inspection Manager and Building Official,supervising plan review,inspection and clerical staff ensuring a high level of customer services and technical excellence for assigned California based clients and projects.Years of Experience:31
II Waiters, CA Sp, II„I1 CII IICC PLAN REVIEW/INSPECTION Rick has over numerous years of experience in the construction industry with over 30 of those years in the building inspection industry. Rick has experience as a building official and inspector. He has provided senior inspector services in disaster zones for floods and wildfires which required communication with the National Guard,elected officials and law enforcement. Additionally, Rick is experienced in inspection management, council meetings, planning meetings,city and county design review meetings,field inspections,permit tracking and issuance,record keeping,construction techniques,and office procedures.Years of Experience:33 BPR
Exhibit 2 136

CIII' y OIIP: 113 IIEII1..II1.. G A IIR IIDIIEIINs

PROPOSAL AS-NEEDED BUILDING INSPECTION AND PLAN CHECK SERVICES I el 1I CII IICC INSPECTION
Mike has over 30 years of experience within the building safety industry.Throughout his career Mike has provided all building department services. Mike is an experienced Building Official, an accomplished Plans Examiner and has provided building inspection services for many years serving multiple California communities. Mike approaches every inspection assignment with a positive, `how can I approve this project' mindset making him a valuable resource to the communities he serves.Years of Experience:30 Tim Scoff, CII IICC PLAN REVIEW/INSPECTION For the past 20 years Tim has provided building safety services on behalf of California communities.Tim has served in the capacity of Deputy Building Official, Plans Examiner and Building Inspector on behalf of multiple California communities. His experience as a Deputy Building Official exposed him to the many facets of managing a Building Department and allowed him to develop the exceptional organizational and management skills necessary to provide superior services to the communities he serves.Tim's experience includes plan review and inspection for all types and sizes of projects including residential, multi-family,commercial,institutional,and industrial projects. He is familiar with multiple permit tracking software systems utilized by jurisdictions and has managed all facets of building department services. Tim currently utilizes his skills as a Building Official, Plans Examiner and Building I nspector to benefit California communities.Years of Experience:22 Ilsidoro Zapien, IICC INSPECTION
Isidoro is an Inspector with 25 years of experience in the construction industry. He has extensive experience and is currently certified in structural steel and welding, high strength bolting, spray applied fireproofing, structural masonry and reinforced concrete.Isidoro is also nuclear gauge certified with experience in soils and asphalt.He has performed various inspection services including quality assurance and quality control to ensure projects were built in accordance with approved plans,specifications and specified codes.Years of Experience:25 Il„andon Collins, IICC INSPECTION
Landon has 17 years of experience in the construction industry. He is an ICC certified inspector with experience providing building, mechanical, electrical and plumbing inspections to residential projects well as providing commercial building inspections for Cities and Counties. He provides Building Department inspection services to ensure projects were built in accordance with approved plans, specifications and specified codes. Landon also brings considerable experience from workingfor several construction companies in the Southern California Region.

Years of Experience:17
Joe Guajardo, IICC INSPECTION
Joe is a building inspectorwith over43 years of experience in the construction industry.He has extensive experience that involves all aspects of construction ranging from Superintendent to Lead Inspector. He has performed various inspection services on all project types including those requiring OSHPD expertise. Joe is bilingual in Spanish and consistently provides excellent customer service to architects,contractors and clients.Years of Experience:43 I1„ r n (11 11 usca, IICC INSPECTION
Enzo is an experienced ICC certified Residential Building Inspectorwith overa decade of construction expertise.

He is meticulously detail-oriented and performs inspections of residential construction projects ensuring BPR
Exhibit 2 137

C III' y o IIP: IB IIh II1..II1.. O A IIR IID IIh IN

PROPOSAL AS-NEEDED BUILDING INSPECTION AND PLAN CHECK SERVICES compliance with state and local building codes, safety regulations, and zoning requirements. Years of Experience: 11
Gabriel Argueta, CASp, IICC INSPECTION
Gabriel has 45 years of experience in the construction industry. He is an ICC certified inspector with experience providing building,mechanical,electrical and plumbing inspections on residential and commercial projects.Gabriel is also a certified CASp expert and has provided CASp inspections as well as provided CASp design as a consultant.

He provides Building Department inspection servicesto ensure projects are built in accordancewith approved plans, specifications and specified codes.Gabriel brings considerable experience from workingfor several California based construction companies.Years of Experience: 45
Christian Ciestewicz, IICC INSPECTION
Christian has over 17 years of experience in the construction industry. He is an ICC Combination Building Inspector with experience providing building,mechanical,electrical and plumbing inspections for residential and commercial projects. He provides building inspection services to ensure projects are built in accordance with approved plans, specifications and specified codes. Christian also brings considerable experience gleaned from working as a Journeyman Electrician and Journeyman Carpenter.Years of Experience:17

LICENSESTI I TI
All of our staff maintain appropriate certifications or professional licenses for the services they provide. We encourage our staff to continually obtain additional certifications and support ongoing training and education for ou r staff. Below you will find the extensive licenses and certifications that our proposed staff hold.

Ron Beehler,SE,CBO,ICC CA Registered Professional Civil Engineer CE39404 12/31/2023 Principal-in-Charge CA Registered Professional Structural Engineer SE3632 12/31/2023 NV Registered Professional Civil Engineer CE019992 12/31/2024 NV Registered Professional Structural Engineer SE019992 12/31/2024 CABO Certified Building Official 1492 ---
ICC Certified Building Official 801789 05/11/2024 ICC Building Code Specialist 801789 05/11/2024 ICC Building Plans Examiner 801789 05/11/2024 ICC Building Inspector 801789 05/11/2024
Mark Berg,ICC ICC Accessibility Inspector/Plans Examiner 859362 12/11/2025 Project Manager ICC Building Code Official 859362 07/14/2024 ICC Master Code ICC Building Code Specialist 859362 07/14/2024 Professional ICC Building Inspector 859362 07/14/2024 ICC Building Plans Examiner 859362 07/14/2024 ICC Certified Building Official 859362 07/14/2024 ICC Certified Fire Code Official 859362 07/14/2024 ICC Certified Fire Marshal 859362 10/28/2024 ICC Combination Dwelling Inspector-Uniform Codes 859362 07/14/2024 ICC Combination Inspector-Legacy 859362 07/14/2024 ICC Electrical Inspector 859362 07/14/2024
BPR
Exhibit 2 138

C III' y o IIP: IB IIh II1..II1.. G A IIR IID IIh IN

PROPOSAL AS-NEEDED BUILDING INSPECTION AND PLAN CHECK SERVICES -
ICC Fire Code Specialist 859362 07/14/2024 ICC Fire Codes and Standards 859362 04/27/2023
ICC Fire Inspector 1 859362 07/14/2024
ICC Fire Inspector 11 859362 07/14/2024
ICC Fire Plans Examiner 859362 07/14/2024 ICC Master Code Professional 859362 10/05/2024 ICC Mechanical Inspector UMC 859362 07/14/2024 ICC Permit Specialist 859362 10/03/2024
ICC Permit Technician 859362 10/02/2024
ICC Plumbing Inspector UPC 859362 07/14/2024
ICC Residential Combination Inspector 859362 07/14/2024 ICC Residential Energy Inspector/Plans Examiner 859362 07/14/2024 ICC Residential Plans Examiner 859362 04/08/2024 Bill Rodgers,SE CA Registered Professional Structural Engineer SE4198 09/30/2025 Plan Review Manager CA Registered Professional Civil Engineer CE50673 09/30/2025 Sr.Structural Engineer NV Registered Professional Civil Engineer CE18427 12/31/2023 NV Registered Professional Structural Engineer SE18427 12/31/2023 Roger Peterson,SE CA Registered Professional Civil Engineer CE46096 12/31/2024 Sr.Structural Engineer CA Registered Professional Structural Engineer SE3846 12/31/2024 ID Registered Professional Civil Engineer CE8225 06/30/2024 ID Registered Professional Structural Engineer SE8225 06/30/2024 Elena Hartsough,SE CA Registered Professional Civil Engineer CE67675 06/30/2025 Structural Engineer CA Registered Professional Structural Engineer S5538 J 1 Joseph Leonard,PE,SE CA Registered Structural Engineer SE5880 12/31/2024 Structural Engineer CA Registered Civil Engineer CE73026 12/31/2024 Charles Nganga,SE CA Registered Professional Civil Engineer C85710 09/30/2024 Structural Engineer CA Registered Structural Engineer S6913 09/30/2024 ICC Residential Plans Examiner 8325618 01/07/2025 Jerome Hoberg,AIIA Architectural License CA-C21242 03/31/2025 Architect Architectural License NV-5282
CASp-720(Certified Access Specialist) CASp-720 08/15/2025 SAP-Cal OES CA DSW LOCAL 78843
NCARB-(National Council of Architectural 59308
Registration Boards)
Kyle Hansen,PE CA Registered Professional Civil Engineer CE91071 03/31/2024 Civil Engineer 1
Chandra Desai,PE CA Registered Professional Civil Engineer CE47213 12/31/2023 Civil Engineer
Peter Simonsen,PE CA Registered Professional Civil Engineer CE92616 09/30/2025 Civil Engineer 1
Denise Reese,CBO,ICC ICC CALGreen Inspector 8096275 04/23/2025 Non-Structural Plan Review ICC California Building Plans Examiner 8096275 04/23/2025 ICC Permit Technician 8096275 04/23/2025
ICC Certified Building Official 8096275 04/23/2025 ICC Permit Specialist 8096275 04/23/2025
BPR
Exhibit 2 139

C iii'ry o ii: B;i"III,.III,. G A IIR IID 111"IN S
PROPOSAL As-NEEDED BUILDING INSPECTION AND PLAN CHECK SERVICES David Castillo,ME/FPE 31/2024
Mechanical,Plumbing and 31/2026
Fire Plan Review
Tom Trimberger,ME,ICC CA Registered Professional Mechanical Engineer 26359 06/30/2025 Mechanical,Plumbing and ICC Mechanical Inspector UMC 866408 05/16/2025 Electrical Plan Review ICC Building Plans Examiner 866408 05/16/2025 ICC Plumbing Plans Examiner 866408 05/16/2025
ICC Plumbing Inspector UPC 866408 05/16/2025
ICC Mechanical Plans Examiner 866408 05/16/2025 ICC Plumbing Inspector 866408 05/16/2025 ICC Mechanical Inspector 866408 05/16/2025 ICC Mechanical Code Official 866408 05/16/2025 ICC Certified Building Official 866408 12/20/2025 ICC Plumbing Code Official 866408 05/16/2025 ICC Plumbing Code Specialist 866408 05/16/2025
ICC Mechanical Code Specialist 866408 05/16/2025 Jingpei Zhang,EE,ICC CA Registered Professional Electrical Engineer EE16243 12/31/2024 Electrical Engineer NCCER HVAC Level IV Certification NCCER Plumbing Level IV Certification
NCCER Building Maintenance Level III Certification
NCCER Carpentry Level IV Certification
NCCER Solar Photovoltaic Level I Certification
NCCER Wind Power Level I Certification
NCCER Green Technology Level I Certification
NCCER Weatherization Technician Level I
Certification
Jerry Schreiber,EE,ICC CA Registered Professional Electrical Engineer EE12290 09/30/2024 Electrical Engineer HI Registered Professional Electrical Engineer EE13259 n/a ICC CA Commercial Building Inspector 879275 07/27/2024 ICC CA Commercial Mechanical Inspector 879275 07/27/2024 ICC CA Commercial Plumbing Inspector 879275 07/27/2024 ICC CA Residential Mechanical Inspector 879275 07/27/2024 ICC CA Residential Plumbing Inspector 879275 07/27/2024 ICC Commercial Building Inspector 879275 07/27/2024 ICC Mechanical Inspector 879275 07/27/2024 ICC Plumbing Inspector 879275 07/27/2024 ICC Plumbing Inspector UPC 879275 07/27/2024
Rick Maddox,ICC ICC Building Inspector 848507 12/31/2024 Electrical Plan Review ICC Combination Inspector 848507 12/31/2024 ICC Combination Inspector-Legacy 848507 12/31/2024 ICC Electrical Inspector 848507 12/31/2024
ICC Mechanical Inspector 848507 12/31/2024 ICC Mechanical Inspector UMC 848507 12/31/2024 ICC Plumbing Inspector 848507 12/31/2024 ICC Plumbing Inspector UPC 848507 12/31/2024
ICC Master Electrician (NV) 000-001221 ---
ATC 20 Post Disaster Training
BPR
Exhibit 2 140

C III' y o IIP: IB 1"II1..II1.. G A IIR IID IIh IN

PROPOSAL AS-NEEDED BUILDING INSPECTION AND PLAN CHECK SERVICES -
Kevin Brenton,ICC ICC Commercial Plumbing Inspector 8259529 12/23/2024 Non-Structural Plan Review ICC Residential Plumbing Inspector 8259529 12/23/2024 &Building Inspector ICC Commercial Building Inspector 8259529 12/23/2024 ICC Residential Building Inspector 8259529 12/23/2024 ICC Commercial Electrical Inspector 8259529 12/23/2024 ICC Residential Electrical Inspector 8259529 12/23/2024 ICC Commercial Mechanical Inspector 8259529 12/23/2024 ICC Building Inspector 8259529 12/23/2024
ICC Electrical Inspector 8259529 12/23/2024 ICC Plumbing Inspector 8259529 12/23/2024 ICC Commercial Combination Inspector 8259529 12/23/2024 ICC Building Plans Examiner 8259529 12/23/2024
ICC Certified Building Official 8259529 04/11/2025 ICC Building Code Specialist 8259529 04/11/2025 Certified Access Specialist(CASp) CASp-964 08/04/2024 Licensed General Contractor B-88891
Journeyman Electrician,2002
Sharon Vanderpool,ICC ICC Building Plans Examiner 8789037 07/03/2025 Fire&Life Safety Plan ICC Residential Plans Examiner 8789037 07/03/2025 Review ICC Residential Building Inspector 8789037 07/03/2025 ICC Plumbing Plans Examiner 8789037 07/03/2025 Nathan Saracino,ICC ICC Residential Plans Examiner 9518768 10/26/2026 Non-Structural Plan Review ICC Residential Building Inspector 9518768 03/26/2026 ICC Residential Mechanical Inspector 9518768 08/18/2026 ICC Residential Plumbing Inspector 9518768 10/15/2026 ICC Residential Electrical Inspector 9518768 12/02/2024 ICC Residential Combination Inspector 9518768 12/03/2024 CA General Contractor,Class B B881390
Andrew Burke,CASp,ICC Certified Access Specialist CASp-710 08/12/2025 Certified Access Specialist ICC Building Plans Examiner 8250398 01/07/2025 Fire&Life Safety Plan ICC Residential Plans Examiner 8250398 01/07/2025 Review ICC Commercial Building Inspector 8250398 01/07/2025 ICC Residential Combination Inspector 8250398 01/07/2025 ICC Permit Technician 8250398 01/07/2025
Rick Mauldin,CASp,ICC Commercial Mechanical Inspector 1064528 07/14/2024 Certified Access Specialist Combination Inspector 1064528 07/14/2024 Non-Structural Plan Review Residential Mechanical Inspector 1064528 07/14/2024 Commercial Electrical Inspector 1064528 07/14/2024 California Combination Inspector 1064528 07/14/2024 Commercial Plumbing Inspector 1064528 07/14/2024 Residential Electrical Inspector 1064528 07/14/2024 Building Plans Examiner 1064528 07/14/2024 California Commercial Building Inspector 1064528 07/14/2024 Electrical Inspector 1064528 07/14/2024
Accessibility Inspector/Plans Examiner 1064528 07/14/2024 California Commercial Plumbing Inspector 1064528 07/14/2024 California Residential Electrical Inspector 1064528 07/14/2024 BPR
Exhibit 2 141

C III' y o IIP: IB IIh II1..II1.. O A IIR IID IIh IN

PROPOSAL AS-NEEDED BUILDING INSPECTION AND PLAN CHECK SERVICES -
Commercial Building Inspector 1064528 07/14/2024 Mechanicallnspector 1064528 07/14/2024
California Residential Building Inspector 1064528 07/14/2024 California Residential Plumbing Inspector 1064528 07/14/2024 Plumbing Inspector 1064528 07/14/2024
California Commercial Mechanical Inspector 1064528 07/14/2024 Residential Plumbing Inspector 1064528 07/14/2024 California Building Plans Examiner 1064528 07/14/2024 California Residential Mechanical Inspector 1064528 07/14/2024 Building Inspector 1064528 07/14/2024
Residential Building Inspector 1064528 07/14/2024 California Commercial Electrical Inspector 1064528 07/14/2024 California Commercial Combination Inspector 1064528 07/14/2024 California Residential Combination Inspector 1064528 07/14/2024 Residential Combination Inspector 1064528 07/14/2024 Commercial Combination Inspector 1064528 07/14/2024 Tim Scott,CBO,ICC ICC Certified Building Official 5087217 07/13/2024 Non-Structural Plan Review ICC Building Code Specialist B8 5087217 07/13/2024 ICC California Building Plans Examiner 16 5087217 07/13/2024 ICC California Residential Combination Inspector J5 5087217 07/13/2024 ICC California Residential InspectorJ1 5087217 07/13/2024 ICC California Residential Electrical InspectorJ2 5087217 07/13/2024 ICC California Residential Plumbing InspectorJ3 5087217 07/13/2024 ICC California Residential Mechanical InspectorJ4 5087217 07/13/2024 ICC California Commercial Building Inspector 11 5087217 07/13/2024 ICC California Commercial Plumbing Inspector 13 5087217 07/13/2024 ICC California Commercial Mechanical Inspector 14 5087217 07/13/2024 ICC Accessibility Inspector/Plans Examiner 5087217 07/13/2024 ICC Plumbing Inspector P5 5087217 07/13/2024
ICC Building Inspector B5 5087217 07/13/2024 ICC Building Inspector UBC 5087217 07/13/2024 ICC Mechanical Inspector M5 5087217 07/13/2024
ICC Mechanical Inspector UMC 5087217 07/13/2024 ICC Building Plans Examiner B3 5087217 07/13/2024 ICC Plumbing Inspector UPC 5087217 07/13/2024
Melissa Vink CSFM Plans Examiner 1A,1113,1C 2004-5523 Fire Plan Review CSFM Fire Inspector 1 2004-5523 Hazardous Materials First Responder 2004-5523
Fire Alarm Plan Review 2004-5523
Fire Prevention 3B 2004-5523
Fire Inspector 1A,1113,1C 2004-5523
Fire Inspector 2A,2113,2C 2004-5523
Russell Blair,ICC ICC Fire Plans Examiner 8092477 09/01/2026 Fire Plan Review CA Certified Firefighter,1986,011770
CA Fire Prevention 1A,1990
CA Fire Prevention 113,1993
CA Fire Prevention 1C,1992
BPR
Exhibit 2 142

CIII' y oIIP: I13I1"II1..II1.. OAIIRIIDIIhINS

PROPOSAL AS-NEEDED BUILDING INSPECTION AND PLAN CHECK SERVICES -
CAFire Prevention 2A,2003
CA Fire Prevention 2B,2006
CA Fire Prevention 3A,2001
CA Fire Prevention 313,2000
CA Fire Investigation 1A,1997
CA Fire Investigation 1A,1997
CA Fire Investigation 1B,1995
CA Fire Instructor 1A,2007
CA Fire Instructor 113,2007
Hazardous Materials 1A,1987
Hazardous Materials 113,1987
CA Hazardous Materials 1C,1987
CA Hazardous Materials 1D,1987
Emergency Medical Technical,County of
Sacramento, D2828
Don Ctibor,PE,QSD CA Registered Professional Engineer 76392 12/31/2024 Civil Plan Review CA Qualified SWPPP Developer(QSD) 24244 ERA RRP Certification(NAT-F115845&R139176)
General Engineering Contractor 744754
General Building Contractor 744754
DSA Engineer of Record
Mark Meyers,CBO,ICC ICC Certified Building Official 8005399 04/21/2024 Plans Examiner ICC Building Code Specialist 8005399 04/21/2024 Building Inspector ICC Plumbing Code UPC 8005399 04/21/2024 ICC Building Inspection 8005399 04/21/2024 ICC Plumbing Inspection 8005399 04/21/2024 ICC Plans Examiner 8005399 04/21/2024
Rick Walters,CASp,LEED, Certified Access Specialist CASp-439 08/02/2024 CBO,ICC ICC Certified Building Official 1061008 01/29/2026 Certified Access Specialist ICC Building Code Official 1061008 01/29/2026 Building Inspector ICC Building Code Specialist 1061008 01/29/2026 ICC Combination Inspector 1061008 01/29/2026
ICC CA Residential Plumbing Inspector 1061008 01/29/2026 ICC CA Commercial Building Inspector 1061008 01/29/2026 ICC Mechanical Inspector 1061008 01/29/2026 ICC CA Residential Mechanical Inspector 1061008 01/29/2026 ICC CA Combination Inspector 1061008 01/29/2026 ICC CA Residential Electrical Inspector 1061008 01/29/2026 ICC Mechanical Inspector UMC 1061008 01/29/2026 ICC CA Commercial Plumbing Inspector 1061008 01/29/2026 ICC Building Plans Examiner 1061008 01/29/2026 ICC Electrical Inspector 1061008 01/29/2026 ICC Plumbing Inspector UPC 1061008 01/29/2026
ICC CA Building Plans Examiner 1061008 01/29/2026 ICC Combination Inspector—Legacy 1061008 01/29/2026 ICC Plumbing Inspector 1061008 01/29/2026 ICC CA Commercial Electrical Inspector 1061008 01/29/2026 BPR
Exhibit 2 143

CIII' y oIIP: I13IIhII1..II1.. G A IIR IIDIIhIIN

PROPOSAL AS-NEEDED BUILDING INSPECTION AND PLAN CHECK SERVICES -
ICC CA Commercial Mechanical Inspector 1061008 O1/29/2026 ICC CA Residential Building Inspector 1061008 O1/29/2026 ICC Building Inspector 1061008 01/29/2026
ICC CA Commercial Combination Inspector 1061008 01/29/2026 ICC CA Residential Combination Inspector 1061008 01/29/2026 ICC Commercial Combination Inspector 1061008 01/29/2026 CA LEED Certified LEED AP BD+C 10436985 ---
IAPMO Certified Plumbing Inspector 030666 ---
IAPMO Certified Mechanical Inspector 090146 --- Isidoro Zapien,ICC ICC Commercial Building Inspector 5003730 09/27/2024 Building Inspector ICC Reinforced Concrete Special Inspection 5003730 09/01/2026 ICC Spray Applied Fireproofing Special Inspector 5003730 09/01/2026 ICC Structural Welding Special Inspector 5003730 09/01/2026 ICC Structural Masonry Special Inspector 5003730 09/01/2026 ICC Structural Steel&Bolting Special Inspector 5003730 09/01/2026 AWS Associate Certified Welding Inspector 01110444 --- ACI Concrete Field-Testing Technician Grade I 030005 --- Nuclear Density Testing Gauge Certified 12495 --- Landon Collins,ICC ICC Commercial Building Inspector 8984654 05/01/2027 Building Inspector ICC Residential Building Inspector 8984654 05/01/2027 ICC Building Inspector 8984654 05/01/2027
ICC Residential Plumbing Inspector 8984654 05/01/2027 ICC Residential Electrical Inspector 8984654 05/01/2027 ICC Residential Mechanical Inspector 8984654 05/01/2027 ICC Residential Combination Inspector 8984654 05/01/2027 ICC Residential Plans Examiner 8984654 05/01/2027 Gabriel Argueta,ICC, ICC Commercial Building Inspector 5039994 05/22/2025 CASp ICC Plumbing Inspector 5039994 05/22/2025 Building Inspector ICC Building Plans Examiner 5039994 03/29/2026 Certified Access Specialist CASp-126
Licensed Building Contractor 430345
Christian Cieslewicz,ICC ICC Building Inspector 5211393 07/30/2025 Building Inspector ICC Plumbing Inspector 5211393 07/30/2025 ICC Mechanical Inspector 5211393 07/30/2025 FEMA Certified Disaster Housing Inspector/Parr
Inspections
ASHI Certified Home Inspector
PC 832 Certification POST Control
Lorenzo Lusca,ICC ICC Residential Building Inspector 10053712 11/11/2025 Building Inspector
BPR
Exhibit 2 144

CU TY OF I ELL GARDENS
PROPOSAL As-NEEDED BUILDING INSPECTION AND PLAN CHECK SERVICES Section 4
II IIII II IIII II II IIIL....11 IIII° IIII CA"'riclims, IIII..... IIII° IIII.....IIII° IIII IIII.....II IIII..... IIII° IIII.....IIII° IIII.....IIII°' IIII.....II IIII.....

BPR Consulting Group was founded by a group of experienced building safety professionals with the sole focus of providing thorough and efficient building department services to support California Building Departments. Our leadership team collectively possesses more thou 100 years of experience providing building safety services to cities, counties, state agencies and other municipal agencies throughout California and the BPR western United States. Our focus is to support California building departments in a CONSULTING GROUP professional manner by providing efficient,timely and professional building department plan review and building Inspection services for the communities we serve. We have extensive experience providing the requested plan review and building inspection services and presently provide the same services similar to those being requested to over 55 California Building Departments.We are also experienced in providing tailored plan review and inspection services for high profile, unique, and city sponsored capital improvement projects. We have worked with numerous public agencies throughout southern California to provide the same buildingand safety services that the City is seeking. BPR possesses the competence and capability to satisfactorily perform the requested services and meet the minimum qualifications as outlined in the City's RFP.

Our Building Safety staff includes the following: California licensed structural, civil, mechanical, electrical and fire protection engineers; licensed architects, Certified Access Specialist (CASp) professionals; ICC-certified building officials, plans examiners, inspectors, permit technicians, and highly experienced administrative personnel. Please refer to Section 3 for detailed staff information including a matrix of our team's extensive qualifications,experience and certifications.

Building department services we provide to municipalities and agencies include:
■ Building plan review services ■ Fire plan review and inspection services ■ Building Inspection services ■ Building Permit Technician services ■ CASp plan review and inspection services ■ Building Official services ■ Civil plan review services ■ Building Department staffing services Seamlessly integrating municipal service professionals in support of public agencies is BPR Consulting Group's sole purpose and the basis on which we were founded. Unlike many of the large national firms BPR is not distracted by multiple unrelated service lines, BPR's sole focus is to support California building departments in the delivery of high quality,efficient,and thorough building department services. BPR's staff have extensive experience providing the same plan review and Inspection services as being requested by the City of Bell Gardens to communities of comparable size throughout California. Our focus is to support California building departments in a professional manner allowing our clients the ability to provide efficient, timely and professional services fortheir communities.We have extensive local experience providingall aspects of plan check and building insepction services in support of local building departments, similar to those being requested by the City of Bell Gardens.

BPR
Exhibit 2 145

CKTY OF BELL GARDENS
PROPOSAL | As-NEEDED Bu|Lo|ws INSPECTION AND PLAN CHECK SERVICES

RECENT RELATED EXPERIENCE
The following is a small sampling of local projects for vvNclh BPR has successfully provided services similar to those being requested by Bell Gardens.

CITY OF GAIRIDEMA
Crenshaw 5'Stwry Apartment Complex
8PR'a staff provided complete building department plan review services for this new 5'story' 203'055 5F apartment complex which sits atop a 3-story podium. The mixed-use podium structure is Construction Type |`Aand fully fire aprinkiered and theapartrnentunitaabovethe podium are Construction Type||| Aandareaiaofuiiyfireaprinkiered.Thiaiathefirstuaeofpodiurn style construction within the City ofGardena.

Industrial Warehouse with k4E9S
8PR'a staff provided building department services for The OMP Gardena Industrial Center project consisting of a new7,7 190'860 SF' one story office warehouse building and warehouse, along with associated site improvements. The proposed building will be of Construction Type |||B with Groups S'1 and B Occupancies and will be fully fire sprink|ered.Site improvements include landscaping, parking lots with accessible parking and paths of travel, signage' retaining vva||s' concrete ramps, exterior stairs' accessible curb ramps, trash enclosures, screen vva||s and detention pond.

Senior and Aquatics Center
8PR'a staff provided The City of Gardena a Senior and
Aquatics Center Building which consists of a two-story building for the senior center and a single-story pool equipment building. As part of this project, there will be a new pool structure building for the community. The proposed buildings will be of Construction Type VB with GroupsA'3' B and S'1 Occupancies and will be fully fire sprink|ered.Site improvements include landscaping,parking lots with accessible parking and paths of travel, signage' BBO and picnic area, trash enclosure and perimeter fencing.
��
- - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - ����- - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - �� �� ��
Exhibit 146

CU TY OF I ELL GARDENS
PROPOSAL As-NEEDED BUILDING INSPECTION AND PLAN CHECK SERVICES .................................................................................................................................................................................................................................................................................................................................................................................................................................................................................................................................................

CITY F ONTARIO
New Fire Station Building
BPRConsultingGroup provided complete building department plan review services for a new Fire Station Building in the City of Ontario.

This mixed occupancy building included Occupancy Type B (4,432 SF),Type S-2 (14,112 SF),and Type R-2 (9,291 SF) for a total area of 27,835 square feet. This two-story, sprinklered building utilized Type V-B Construction and included staff living quarters, office functions and apparatus bays.

Raising Cane Restaurant fr,«ll�/�%f
BPR Consulting Group provided complete building department plan /7% ice, i
review services for this new fast service restaurant located in the City of Ontario. This fully fire sprinklered 3,449 SF building is Occupancy Group A-2 with Type V-B Construction. This fully accessible building included exterior site improvements, a dining %,
area, sales counter, restrooms, storage areas, and commercial uf� kitchen with grease hood,fire suppression system,and make up air MONO � " units.

D tilVilVl Vh �iU�Wt V�utuuuuouuuuuo ...........................................................................................................................

New Multi Family Complex
BPR Consulting Group provided complete building department plan review services for this new 48-u nit multi-family apartment complex located in the City of Ontario. This project consisted of four two- story, sprinklered buildings with stucco exteriors and concrete tile h
roofing. The buildings structural systems utilized platform framing with prefabricated roof and floor trusses, panelized horizontal floor and roof diaphragms,with wood shear walls.The buildings were of Occupancy Group R2 and utilized Type V-B Construction with a total area of 12,690 SF per building.

Emporia Place
BPR Consulting Group provided complete building department plan review services for phase one of this new multi-phased residential complex. Phase one included the construction of two three-level, residential buildings of Occupancy Group R-2 and one ' community building of Occupancy Group A-3. The new three-level residential buildings utilized Type V-A Construction and were fully ' fire sprinklered with a total building area of 58,698 SF.The 1,921 SF ti Community Building utilized Type V-B Construction. The building's ������������� ��1���������� ��1� ����� �� ������������������ . structural systems utilized platform framing with prefabricated roof and floor trusses, panelized horizontal floorand roof diaphragms,with wood shearwalls.All buildings included stucco exteriorswith lap sidingaccents and concrete tile roofing.

BPR
Exhibit 2 147

CU TY OF I ELL GARDENS
PROPOSAL As-NEEDED BUILDING INSPECTION AND PLAN CHECK SERVICES .................................................................................................................................................................................................................................................................................................................................................................................................................................................................................................................................................

CITY F IEATVAII,,,IE
BPR provides plan review services for all types of projects including Solar PV, residential remodels and Accessory Dwelling Units, along with commercial and industrial projects including Tenant Improvement reviews of the Hotworx Fitness project, Bafang Dumpling Restaurant and the New Taco Bell Drive Thru. Through BPR's services, the City has been able to maintain efficient and timely plan reviews for all ongoing construction projects.

Hotworx Fitness
BPR staff provided plan review services for this tenant improvement project which included the addition of new saunas and exercise equipment.This 2,490 square foot space houses an innovative, 24-hour virtually instructed infrared % sauna and gym. BPR performed life safety,structural and MEP reviews. .................................................................................................................................................................................................................................................................................................................................................................................................................................................................................................................................................

CITY OF M INTIEREY PARK
Costco Warehouse&Fuel Station
BPR's staff provided building department plan review services on behalf of the City of Monterey Park for the new Costco Warehouse and Fuel Station project. Plan review services included plan review of the non-structural, structural, mechanical,electrical, plumbing,green and energy efficiency improvements associated with the project. The 154,974 SF tilt-up warehouse building utilized Type V-B Construction.

The fueling station utilized Type ll-B Construction. The r „ buildingwas classified as a Group M Occupancy.

Pacific Plaza Mixed-Use Hotel and Condominium
BPR's staff members provided complete building plan review services for the Pacific Plaza Monterey Park project which was designed as a mixed-use project to include Hotel, 1k� Condominium and Restaurant uses. The project includes 398,792 SF within five levels above two levels of underground parking. The project utilized Construction Type I-A at the two lower parking levels and Construction Type III-A above the 2nd level. The building includes Occupancy Groups A-2, A-3, M, B and S-2
BPR
Exhibit 2 148

CU TY OF I ELL GARDENS
PROPOSAL As-NEEDED BUILDING INSPECTION AND PLAN CHECK SERVICES .................................................................................................................................................................................................................................................................................................................................................................................................................................................................................................................................................

CITY F COSTA IIIEA
Orange County Museum of Arts
BPR's staff members provided plan review services for this two- 4 level state-of-the-art museum, housed within an ultra-modern 52,000 SF bui[ding which emulates the art treasu res the bui[ding was designed to showcase. The building boasts over 25,000 SF � dedicated to exhibitions of modern art with the remainder of the building area dedicated to art displays and supporting function uses. A 10,000 SF portion of the interior space was designed to accommodate multipurpose; education and performance uses. ................................................... .................................................

The project's design includes a rooftop terrace to accommodate up to 1,000 people for special events and outdoor displays.

CITY IF ARROYO GRAIN DIE
Walmart Remodel
BPR Consulting Group provided complete building department plan review services for the remodel of a 125,440 SF Walmart Store.The project is Type 1113 Construction with Occupancy Groups M, B and R and is fully fire sprinklered.The remodel consisted of new exterior signage, upgraded interior finishes, installation of new racks and fixtures in both the stock room and on the sales floor, remodel and upgrade of existing restrooms, a new modular kitchen, installation of new coolers, installing new doors in the existing walls and upgrading the accessibility features on the site which included new truncated domes, restriping ADA parking and paths of travel and adding ADA signage.

Modelhom Furniture+ Design
BPR staff members provided complete plan review services for _._ ............. this 4,000-sf commercial tenant improvement. This remodel model h6m included adding new metal siding and roofing, new windows ;._.! furniture + and doors as well as new signage. There were upgrades to the exterior wall studs and insulation, attic space insulation, and re interior drywall. There was also the addition to a 728-SF � mezzanine. The project included a bathroom remodel to 4 accommodate handicapped requirements and revised lighting. El Exterior improvements included parking lot re-striping and the widening of walkways.

BPR
Exhibit 2 149

CU�y o 11: 113 1"111..111.. G A IIR IID 111"IN S
PROPOSAL | As-NEEDED BU|LD|N6 INSPECTION AND PLAN CHECK SERVICES

JUIDIICIIAII COUNCUII OF CAILUIFOIRINIIA
8PR principals have been responsible for contracting for and providing plan review services to the Judicial Council ofCalifornia on numerous new Courthouse Projects and Court Facility Modification projects throughoutCaUforniaaince2008. 8eiovvane just two of many completed projects:

Indio Courthouse
8PR principals provided civil,structural, MEP,energy compliance, CTCF5' and CALGreen compliance plan review and on this new 3' atory' 53'000 5F building. This building will provide five new courtrooms.

EK Centro Courthouse
8PR principals provided civil,structural, MEP,energy compliance, CTCF5'and CALGreen compliance plan review on this new 3'atory' ljj
47'000 5F building. This building will provide four nevv courtrooms.

Below you will find a small sampling of clients for vv1I BPR'sstaff have provided building department support services including the requested as-needed an d services.

CITY OF OWTAR|O
8PR staff provides plan rwviwxv' building inspection and permit technician services to the City. 8PR provides services for the community utilizing appropriately qualified and certified plan review, permit technician and inspection staff. BPR presently provides multiple highly qualified and CASp certified inspection staff to support the city'a inspection needs and multiple |CC Certified permit technicians to support the city'a permitting services. 8PR provides plan review services for all types of projects including residential, multi-family, commercial and industrial projects including plan review of associated grading. Through 8PR'a services, the City is able to maintain efficient and timely plan review, inspection, and permit technician services for all ongoing construction projects.

CITY OF GARDEWA
8PR provides building official, plan rwviwxv' building Inspection, building department management and permit technician,services for the City ofGardena. 8PRirnpiernented building inspection services toeliminate a three-week inspection backlog.We added inspection staff to eliminate the inspection backlog then reduced staff toa level necessary to meet daily inspection service requirements.We provide all plan review services to support the building department.We also provide on-site and remote permit technician services.

CITY OF POMOWA
8PR staff provides building inspection, permit technician and permit technician training services tothe City. 8PR provides services for the community utilizing appropriately qualified and certified senior building ��
- - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - ����- - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - �� �� ��
Exhibit 150

CIII' Y oIIP: 113 IIEII1..II1.. G A IIR IIDIIEIIN

PROPOSAL AS-NEEDED BUILDING INSPECTION AND PLAN CHECK SERVICES inspection and permit technician staff.Through BPR's services,the City is able to maintain efficient services for all ongoing permit center needs.

CITY OF CHINO ILLS
BPR recently worked with the city to provide experienced and qualified Inspection staff to support the City's building department inspection needs.

CITY OF AY
BPR provides full-service building department services to the City of Maywood including building official,plan review, building inspection, and permit technician, services. BPR provides services for the community utilizing appropriately qualified and certified building safety staff. Through BPR's services,the City maintains efficient plan review and inspection services for the benefit of the community for all ongoing construction projects and permit center needs.

CALIFORNIA CONSTRUCTION AUTHORITY
The California Construction Authority serves as the building department for fairgrounds throughout California.

BPR's Staff provides plan review and building Inspection services on behalf of the California Construction Authority for fairgrounds throughout Southern CA insuring safe buildings and facilities. Projects include multiple assembly occupancies, entertainment venues, agricultural facilities, tenant improvements with extensive electrical and accessibility upgrades, and remodel projects for many existing facilities located throughout Southern California and the Inland Empire.

CITY OF SAC A Tad
BPR's staff provides in-house plan review,out-sourced plan review,building inspection and permit technician services. In addition, BPR staff provided in-house plan review training for the City of Sacramento plan review staff. Types of projects reviewed and inspected include residential, multi-family, commercial, and multi-story story projects including mid-rise and high-rise projects, institutional projects, industrial projects, retail buildings and medical office buildings.
.................................................................................................................................................................................................................................................................................................................................................................................................................................................................................................................................................

ADDITIONAL CALIFORNIA COMMUNITIES
BPR staff have provided and managed building and fire plan review and building inspection services on an as needed basis for multiple California building departments including the cities of Costa Mesa, Rancho Palos Verdes, Eastvale, Inglewood, Compton, Newport Beach, Corona, Yorba Linda, Fairfield, Davis, Atherton, Placerville,Folsom,Rancho Cordova,South Lake Tahoe,and the Counties of Riverside,San Bernardino,Fresno, Marin, Napa, Butte, Nevada, Placer, El Dorado, Alpine,and Siskiyou.

BPR
Exhibit 2 151

CKTY OF IBELL GARDENS
PROPOSAL | As-NEEDED Bu|Lo|ws INSPECTION AND PLAN CHECK SERVICES

REFERENCES
City of Gardena | Greg Ts `iuchi,Commmmunity Development Director 1T00 West 162" Street,Gardena,CA9024T | 310.21T.9526 |
Services Provided:
* Building Official, in-house and out-sourced plan review, building inspection and permit technician services. 8PR presently provides most of the city'abuilding department services under contract.All new buildings and rn jortenant improvements and remodel projects anerevievved in our offices inelectronic format utilizing Bluebeam.The majority of the daily requested building inspections are performed by8PR'a inspection staff. Dotes mfServ/ce:Current Key Stof� Mark Berg, Project Manager/Building Official, Plans Examination Staff, Inspection Staff, Permit Technicians City wfEawtvaKw | Richard Hicks, Building Official
12363Lernonite Avenue,#910' Eaatvaie'CA91T52 | 951.T03.4458| Services Provided:
* 8PR Consulting Group provideaout'aourced plan review for a multitude of project types including residential,commercial, rnuiti'atory' industrial and retail.Dotes mfServ/ce:Current KeyStoff: Mark Berg, Project Manage//8uiiding Official, Plans Examination Staff
City wf Ontario| James Caro, Building Official
303 East 8 Street,Ontario,CA91T64 | 909.395.21T2 |
Services Provided:
* 8PRConauiting group presently provides out-sourced plan review and permit technician services on behalf of the City's building department.The types of projects plan reviewed include residential,commercial,industrial,agricultural, and retail projects.DoteamfServ/ce:CurrentKeyStoff: Mark8erg' Project Manage//8ui[ding Official, Plans Examination Staff, Permit Technicians *
City wf Maywood | Steve Fowler, Director of Building and Planning 43195iauaon Ave. Maywood,CA902T0 | 323.562.5T21 | aw Services Provided:
0`4 MAY
* 8PR Consulting Group provides Building Official, Building Inspection, Permit Technician' plan review services for a multitude of project typeainciuding residential,commercial, rnuiti'atory'industrial and retail,and Building Department Management services.Dotes of Set-vice:Current Key Stoff., Mark Berg, Project Manager/Building Official, Plans Examination Staff, Inspection Staff, Permit Technicians
��
- - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - ����- - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - �� �� ��
Exhibit 152

CUTY OF I ELL GARDENS

PROPOSAL AS-NEEDED BUILDING INSPECTION AND PLAN CHECK SERVICES

LETTERS OF RECOMMENDATION
July 14,2023
Re:BPR Consulting Group I Letter of Recommendation
I am writing to recommend the services of BPR Consulting Group.I serve as the Supervising Engineer for the City of Sacramento and have worked with BPR staff for manyyears.Theirteam has repeatedly and successfully provided a variety of building departmentservices to the City.Types of projects include commercial,and multi-story story projects including mid-rise and high-rise projects, institutional projects,industrial projects,retail buildings and medical office buildings,residential and multi-family.

One specific project includes the Downtown Commons Tower.BPR staff provided complete plan review services for this 16-story,mixed-use tower constructed of cast-in-place reinforced concrete.

This architecturally significant state-of-the-art project serves as a centerpiece forthe revitalized downtown area.BPR's staff provided progressive plan review services for this project with an expediated schedule and successfully assisted the city,the design team,and the Owner to implement and execute an aggressive phased permitting schedule,allowing this significant and complicated project to move quickly into construction.

I have worked with BPR staff members on numerous projects and have always had a positive experience.I feel confident in recommending the services of BPR Consulting Group.If you have any questions or would like additional information,please feel free to contact me.

Rega rds,
Anna Tekautz,Supervising Engineer
City of Sacramento
300 Richards Boulevard,3`d Floor
Sacramento,CA 96811
916.808.78771 ATekautzPcityofsacramento.orBPR
Exhibit 2 153

CUTY OF I ELL GARDENS

PROPOSAL AS-NEEDED BUILDING INSPECTION AND PLAN CHECK SERVICES July 18,2023
Re: BPR Consulting Group I Letter of Recommendation
It is with great confidence that I recommend the services of BPR Consulting Group.

While serving as Project Executive with Summit Project Management, I worked with BPR staff on the$550M Table Mountain Rancheria project.This highly complex project included a casino, 173-room hotel,theatrical entertainment venue,several restaurants,and a 2,200-stall parking structure with 27 acres of site improvements.This was a major undertaking for the Tribe that was well-documented and managed by the BPR staff that successfully provided a suite of building department services.

BPR staff provided the building official(CBO)for direct oversight of plan review, building,and civil inspection services on behalf of Ownership. BPR staff developed the plan review procedures and inspection program which was successfully utilized to ensure that all services were provided in coordination with the project's design team and contractor's schedules.

Efficient and timely services were provided and complicated issues resolved in a timely manner.

BPR Consulting Group is an excellent choice for building division services. If you have any questions or would like additional information, please feel free to contact me at your convenience.

Sincerely,
Digitally signed by Earl Pritchard
Earl Pritchard Date:2023.07.1816:38:08
-07'00'
Earl Pritchard
Senior Project Manager—Construction
Buck Development LLC
151 North Franklin, Suite 300,Chicago, IL 60606
t 312 627 7536 m 559 421 5733
epritchard(ctlbc.com www.tibc.com

WEBSITE I LINKEDIN I FACEBOOK I INSTAGRAM I TWITTER
BPR
Exhibit 2 154

CIII' y oIIP: 113 IIEII1..II1.. GAIIIIIIDIIEIIN

PROPOSAL AS-NEEDED BUILDING INSPECTION AND PLAN CHECK SERVICES Section 5
cos"'r A IIN 111I) III° IIII° IIII C IIII II
PLAN REVIEW SERVICES: For complete plan review services for building projects reviewed in either hard copy or electronic format we propose a fee equal to 59% of the plan review fees based on the City`s adopted fee schedule. Plan review services will include an initial first review and two back check reviews of the plans.Any additional plan review services required beyond the third review will be billed at our hourly rates listed within the Schedule of Hourly Billing Rates shown below. Expedited plan checks will be billed at 145%of the standard rate.

For review of revisions to approved plans, review of deferred submittal items and similar reviews we propose to provide these services on an hourly basis using the rates listed in our Schedule of Hourly Billing Rates shown below. For partial reviews such as foundation only, structural only, life safety only, preliminary reviews, or others,we propose to provide services on an hourly basis usingthe rates listed in our Schedule of Hourly Billing Rates shown below.

INSPECTION SERVICES: Inspection services,when requested, can be provided at the hourly rates listed in our Schedule of Hourly Billing Rates.

BUILDING OFFICIAL SERVICES: Building Official services,when requested,can be provided at the hourly rates listed in our Schedule of Hourly Billing Rates.

SCHEDULEUBILLING
The rates displayed in the schedule below reflect BPR's current hourly billing rates.

CLASSIFICATION HOURLY BILLING RATE
ICC Certified Building Official ..........................................................................................................$155 Licensed Plan Review Engineer(structural,civil,electrical, mechanical).......................................145 ICC Certified Plans Examiner.............................................................................................................120 CASp Plans Examiner or Inspector....................................................................................................125 Building Inspection Services ..................................................................................................95 to 115* *Based on experience and qualifications.
• Mileage:Vehicle mileage utilized in the performance of inspection services will be billed at the current IRS vehicle mileage rate.
■ Overtime:Inspection services and other hourly services provided in excess of eight hours perday,nights,and weekends will be charged at 140%of the billing rates indicated above. ■ Minimum Daily Charge: There will be a minimum 8-hour daily charge for all on-call inspection services provided within City offices.

BPR
Exhibit 2 155

CIIi'ry oIII" 113 IIEIII,.II1.. GAIIRIIDIIEIIN

PROPOSAL AS-NEEDED BUILDING INSPECTION AND PLAN CHECK SERVICES Section 6
IIII) IIII. ii riaims oiiiI:tIIII..... IIII..... riaims II
BPR Consulting Group has reviewed the City of Bell Garden's Request for Proposal and Sample Agreement.We are able to meet the requirements as outlined and we do not have any issues,additions or exceptions. i
r _
M
1 BPR
Exhibit 2 156

CU TY OF I ELL GARDENS
PROPOSAL As-NEEDED BUILDING INSPECTION AND PLAN CHECK SERVICES Section 7
IIII° IIIE;IIN IIII) IIII IIN G IIIL....IIII"'r111GA"' IIII II BPR Consulting Group, or any principal of the firm, does not have, nor has had in the past five years any performance-related complaints, litigation, legal proceedings or investigations by a regulatory authority. a
If
mol
BPR
�r
Exhibit 2 157

CU TY OF I ELL GARDENS
PROPOSAL As-NEEDED BUILDING INSPECTION AND PLAN CHECK SERVICES Section 8
IIII II IIII° II IIII.....

BPR Consulting Group has reviewed the City of Bell Garden's insurance requirements as provided in the RFP's Exhibit A, Sample Agreement. We are able to meet the requirements as outlined and will provide the City with the appropriate Certificates of Insurance upon award of a contract. �4G'C3„12� DATE(MMID WYYYY)
CERTIFICATE OF LIABILITY INSURANCE 08/212022

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 be endorsed.If SUBROGATIONIS 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 endorsemengs).

PRODUCER CONTACT NAME:

RSC OF CA INSURANCE BROKERAGE INC PHONE (616)657-5364 FAX fA 'Na,EM): 1—,Na):
2040 MAIN STREET SUITE 450
IRVINE CA92614 E-MAa ADDRESS:

INSURERtS)AFFORDING COVERAGE NAICR
INSURERA: Sentinel Insurance Company Ltd. 11000 INSURED INSURER B: Twin City Fire Insurance Company 29459 BPR CONSULTING GROUP LLC INSURERC:
2201 FRANCISCO OR STE 140-656
ELDORADO HILLS CA 9 5 7 62-3 741 INsuRERD:.......

INSURER E:

INSURER F:

COVERAGES CERTIFICATE NUMBER: REVISION NUMBER:

THIS IS TO CERFIFYTHAT THE POLICIES OF INSURANCE LISTED BELOW HAVE BEEN ISSUED TOTHE INSURED NAMEDABOVE FORTHE 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,EXCLUSIONSAND CONDITIONS OF SUCH POLICIES.LIMITS SHOWN MAY HAVE BEEN REDUCED BY PAID CLAIMS.

INSR TYPEOF INSURANCE ADD- SUBR PO LICY NUMB ER Pun.. EFF POLICY EXP LIMITS LTR INSR MD MIDDlYYYY M'DDlY
COMMERCIALGENERAL LIABILITY EACHOCCURRENCE $2,000,000 3 CLAIM9Pr1ADE OCCUR DAMAGETO RENTED t
PREMIBES,(Ea,,occu,DeUc;]_ $1,000,000 z
X General Liability MEDEXP(Anyonel> ) s10,OD0 A X X 72 SBM BH6444 07/01/2022 07/01/2023 PERSONAL SADV INJURY $2,000,000 GEN'LAGGREGATE LIMITAPPLIESPER'. GENERAL AGGREGATE $4,000,000 POLICY❑PRO- FX7-OO PRODUCTS-COMPIOPAGG $4,000,000 JECT
GrHER'
AUTOMOBILE LIABILITY COMBINED SINGLE LIMIT $2,000,000 I
ANY AUTO SOD INJURY tPer cersVn)

ALL OWNED SCHEDULED
A AUTOS L AUTOS 72 SBM BH6444 07/01/2022 07/01/2023 BODILY INJURY tPgau.Tt) HIRED NONC—E❑ PROPERTY DAMAGE
X AUTOS AUTOS tPe�ecclde,R)
UMBRELLA LAB OCCUR EACHOCCURRENCE

UMBRELLA
CLAIMS
MODE AGGREGATE
DED RETENTION$
WORKERSCOMPENSATION X. PER OTK
AND EMPLOYERS LIABILITY STATUTE
ANY YIN E L.EACH ACCIDENT $1,000,000
B PROP RIETOWPARTNERIEXECUTNE NIA X 72 WEC AS9HLT 07/01/2022 07/01/2023 OFFICERIMEMBER EXCLUDED4 E.L.DI SEASE-EA EMPLOYEE $1,000,000 antlabry{M In NH)
_________________________
Ify-,tl­beunder E.L.ElSEASE-POLICYLIMIT $1,000,000 DESCRI PTION OF OPERATIONS belmv
11ESGRIPTIOM OF OPERA TR)NS/LO GA T 1VENIGLES tACORD 101,AEEXlanal Remarb SENeEule,may be ax—d It mare space Is requ I—) Those usual to the Insured's Operations.

CERTIFICATE HOLDER CANCELLATION

SHOULD ANY OF THE ABOVE DESCRIBED POLICIES BE CANCELLED

BEFORE THE EXPIRATION DATE THEREOF,NOTICE WILL BE DELIVERED FOR PROPOSALS ONLY IN ACCORDANCE WITH THE POLICYPROVISIONS.

AUTHURVED REPRESENTATIVE
©1966-2015 ACORD CORPORATION.All rights reserved.

ACO RD 25(2016103) The ACORD name and logo are registered marks of ACORD BPR
Exhibit 2 158

CUTY OF I ELL GARDENS

PROPOSAL AS-NEEDED BUILDING INSPECTION AND PLAN CHECK SERVICES AC Rom® CERTIFICATE OF LIABILITY INSURANCE DATE/MMIDDIZYY) 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 CONTACT
NAME Kaitlln Murray
AssuredPartners Design Professionals Insurance Services,LLC PHONE FAX 3697 Mt.Diablo Blvd Suite 230 fA/c No EXt): (A/C,No).

Lafayette CA94549 aoDRess: [email protected] INSURERS AFFORDING COVERAGE NAIC#
License#:6003745 INSURERA:XL Insurance America Inc
INSURED BPRCONS01 INSURER B:

BPR Consulting Group LLC
2201 Francisco Drive Suite 140-658 INSURERC:

El Dorado Hills CA 95762 INSURER D:
..INSURER E:.....

INSURER F:

COVERAGES CERTIFICATE NUMBER:1978038731 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.

INSft ADDLSUBR POLICY EFF POLICY EXP
LTR TYPE OF INSURANCE INSD.wvD POLICY NUMBER MM/DDIYYYYI (MMIDDIYYYYI LIMITS COMMERCIAL GENERAL LIABILITY ',.. ',. ',. EACH OCCURRENCE '..$ DAMAGETO RENTED $
CLAIMS-MADE OGGUR ',. ',. PREMISES(Ea occurrence) MED EXP(Any one person) $
PERSONAL It ADV INJURY ',,$
GEN'L AGGREGATE LIMIT APPLIES PER '.. '.. '.. '.. GENERAL AGGREGATE $ ',.POLICY L JECT
PRO- LOC PRODUCTS-COMP/OP AGO $
OTHER: $
'..AUTOMOBILE LIABILITY '.. '.. COMBINED SINGLE LIMIT $ (Ea acc d-E
'..ANY AUTO BODILY INJURY(Per person) $
OWNED SCHEDULED BODILY INJURY(Per accdent) $

AUTOS ONLY AUTOS
HIRED NON-OWNED PROPERTY DAMAGE $
AUTOS ONLY AUTOS ONLY ',. ',. (Per accident) UMBRELLA LIAB OCCUR '.. '.. EACH OCCURRENCE $ EXCESS LIAB CLAIMSMADE'.. '.. '.. '.. AGGREGATE $ DED RETENTION$ $
'..WORKERS COMPENSATION '.. '.. PER OTH-
AND EMPLOYERS'LIABILITY YIN '.,. STATUTE ER ANVPROPRIETOR/PARTNER/EXECUTIVE ❑ NIA E.L EACH ACCIDENT $ OFFICER/MEMBER EXCLUDED?
'..(Mandatory in NH) E.L DISEASE-EA EMPLOYEE,$ If yes describe under
DESCRIPTION OF OPERATIONS below E.L DISEASE-POLICY LIMIT $ A Professional Liability DPS9982535 '.. 8/1 612 0 2 1 '.. 8/1 612 0 2 4 Per Claim $2,UUU,000 Aggregate Limes $2,000,000
DESCRIPTION OF OPERATIONS I LOCATIONS I VEHICLES(ACORD 101,Additional Remarks Schedule,may be attached if more space is required) Re.Project.Building Department Services
CERTIFICATE HOLDER CANCELLATION 30 Days Notice of Cancellation

SHOULD ANY OF THE ABOVE DESCRIBED POLICIES BE CANCELLED BEFORE

THE EXPIRATION DATE THEREOF, NOTICE WILL BE DELIVERED IN FOR PROPOSALS ONLY ACCORDANCE WITH THE POLICY PROVISIONS.

AUTHORIZED REPRESENTATIVE
©1988-2015 ACORD CORPORATION. All rights reserved.

ACORD 25(2016103) The ACORD name and logo are registered marks of ACORD BPR
Exhibit 2 159

CIII' y OIIP: 113 IIEII1..II1.. G A IIR IIDIIEIIN

PROPOSAL AS-NEEDED BUILDING INSPECTION AND PLAN CHECK SERVICES Appendix
III IIIEIIII;S U II IIIEIIII
On the following pages you will find complete resumes of the staff proposed to serve the City of Bell Gardens.
i R
BPR
„i //r��ii fnl� ` M'�` 4 r/( I� r ll/✓0 1b 9 /b r
pry
Exhibit 2 160

CITY OF BELL GARDENS

OFFICE OF THE CITY MANAGER
f b .

AGENDAREPORT
Item 7.

TO: Honorable Mayor and City Council Members
FROM: Michael B. O'Kelly, City Manager
BY: Bernardo I niguez, Director of Public Works/Facilities SUBJECT: APPROVAL OF SAFE STREETS AND ROADS FORALL PROGRAM FUNDING

AGREEMENT
DATE: February 26, 2024
RECOMMENDATION:

It is staff's recommendation that the City Council:

1. Adopt the attached Resolution approving the Safe Streets and Roads for All Program Funding Agreement with the Los Angeles County Metropolitan Transportation Authority;

2. Authorize the City Manager to execute the Safe Streets and Roads for All Program Funding Agreement; and

3. Appropriate $50,132.25 of Gas Tax funds as the City's local match.

BACKGROUND/DISCUSSION:

On November 15, 2021, the federal Bipartisan Infrastructure Law established the Safe Streets and Roads for All (SS4A) Program. The SS4A Program supports the development, completion, or supplementation of a comprehensive safety action plan (Action Plan) that identifies the most significant roadway safety concerns in a community and the implementation of projects and strategies to address roadway safety issues.

On February 1, 2023, the United States Department of Transportation awarded $21,494,665 in SS4A Program funds to support projects to be implemented by the Los Angeles County Metropolitan Transportation Authority (LACMTA)or their subrecipients.

The award included an allocation of $200,529 in Federal Highway Administration (FHWA) funds for the City of Bell Gardens (City) to update components of the City's existing Safety Analysis Report Program (SSARP), which the City prepared in 2019, and the City's existing Complete Streets Plan, which the City prepared in 2020. This will allow the City to create a "conforming" Action Plan which will enable the City to pursue grant funds for implementation projects in future cycles of the SS4A Program.

The City's SSARP assists the City in performing collision analyses at intersections, identifies safety issues on the City's roadway network, and recommends systemic low-cost countermeasures.

The City's Complete Streets Plan strategically identifies and creates a plan that will achieve the City's overall vision for a comprehensive transportation system that addresses an increase in active modes of transportation (including pedestrians, bicyclists, transit riders, and motorists), reduces greenhouse gas emissions, increases roadway users' safety, increases transit ridership, reduces vehicle trips, and creates an overall cohesive city with no transportation gaps.
161

I n order to make the two respective plans above "conforming," they will be updated to show the following:
• A high-ranking official and/or governing body in the jurisdiction will publicly commit to an eventual goal of zero roadway fatalities and serious injuries. The commitment will include either setting a target date to reach zero; or setting one or more targets to achieve significant declines in roadway fatalities and serious injuries by a specific date. • A committee, task force, implementation group, or similar body will be established and charged with the plan's development, implementation, and monitoring.
• The plan development will include an assessment of current policies, plans, guidelines, and/or standards to identify opportunities to improve how processes prioritize safety. • The plan will discuss implementation through the adoption of revised or new policies, guidelines, and/or standards. • The plan will include a description of how progress will be measured over time that includes, at a minimum, outcome data.
• The plan will be posted publicly online.

CONCLUSION:

In order to receive the FHWA funds, the City must enter into the Safe Streets and Roads for All Program Funding Agreement with LAC MTA as the pass-through agency and provide $50,132.25 in local matching funds.

FISCAL IMPACT:

The City will receive $200,529 in FHWA funds and provide a match of $50,132.25 in Gas Tax funds, for a total amount of$250,661.25 available for the update of the City's SSARP and Complete Streets Plan.

ATTACHMENTS:

Exhibit 1 - Resolution No. 2024-11
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 162

RESOLUTION NO. 2024-11

A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF BELL

GARDENS, CALIFORNIA, APPROVING THE SAFE STREETS AND

ROADS FOR ALL PROGRAM FUNDING AGREEMENT BY AND

BETWEEN THE CITY OF BELL GARDENS AND THE LOS ANGELES

COUNTY METROPOLITAN TRANSPORTATION AUTHORITY
WHEREAS, on November 15, 2021, the federal Bipartisan Infrastructure Law established the Safe Streets and Roads for All (SS4A) Program; and WHEREAS, the SS4A Program supports the development, completion, or supplementation of a comprehensive safety action plan (Action Plan) that identifies the most significant roadway safety concerns in a community and the implementation of projects and strategies to address roadway safety issues; and WHEREAS, on February 1, 2023, the United States Department of Transportation awarded $21,494,665 in SS4A Program funds to support projects to be implemented by the Los Angeles County Metropolitan Transportation Authority (LACMTA) or their subrecipients; and
WHEREAS, the award included an allocation of $200,529 in Federal Highway Administration (FHWA) funds for the City of Bell Gardens (City) to update components of the City's existing Safety Analysis Report Program and the City's existing Complete Streets Plan; and
WHEREAS, these updates will allow the City to create a "conforming" Action Plan which will enable the City to pursue grant funds for implementation projects in future cycles of the SS4A Program; and
WHEREAS, the City must enter into the Safe Streets and Roads for All Program Funding Agreement with LACMTA as the pass-through agency and provide $50,132.25 in local matching funds to receive the FHWA funds.

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

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

SECTION 2. The City Council hereby approves the Safe Streets and Roads for All Program Funding Agreement by and between the City and LACMTA, in a form approved by the City Attorney.

Exhibit 1 163

Resolution No. 2024-11
SECTION 3. The City Council hereby authorizes the City Manager to execute the Safe Streets and Roads for All Program Funding Agreement along with all documents reasonably necessary to effectuate the intent of this Resolution.

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

PASSED, APPROVED, and ADOPTED this 26t"day of February, 2024.

THE CITY OF BELL GARDENS
Jorgel Chavez,
Mayor
APPROVED AS TO FORM: ATTEST:

Stephanie Vasquez Daisy Gomez
City Attorney City Clerk
[Signatures on the following page]
2of3
Exhibit 1 164

Resolution No. 2024-11
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
3of3
Exhibit 1 165

AWARD NUMBER: 693JJ32340090 AGMT#9200000000SS4A01 FIS NUMBER: 700512 SAM UEI: CYNCY8IPNHKI
CFDA: 20.939 SAM SEARCH: 10/12/2023

SAFE STREETS AND ROADS FOR ALL PROGRAM

FUNDING AGREEMENT
This Funding Agreement for Safe Streets and Roads for All Program Funds (the "Agreement") is dated for reference purposes only October 12, 2023,and is by and between the City of Bell Gardens (the "Agency") and the Los Angeles County Metropolitan Transportation Authority ("LACMTA").

RECITALS
A. Section 24112 of the Infrastructure Investment and Jobs Act(Pub. L. 117-58, November 15, 2021; also referred to as the "Bipartisan Infrastructure Law") established the new Safe Streets and Roads for All ("SS4A") discretionary program that supports the development, completion, or supplementation of a comprehensive safety action plan ("Action Plan") that identifies the most significant roadway safety concerns in a community and the implementation of projects and strategies to address roadway safety issues.

B. On June 23, 2022, the LACMTA Board adopted the Metro Street Safety, Data Sharing and Collaboration Policy and Action Plan to establish partnerships with Agencies as they design and implement safer and complete streets, and authorized staff to seek external funding to elaborate on and implement the policy and Action Plan and assist local jurisdictions in developing and funding vital street and road safety projects throughout Los Angeles County.

C. On February 1, 2023, the United States Department of Transportation (the "USDOT") announced the grant awards under the fiscal year (FY) 2022 SS4A program. The awards include $21,494,665 to support projects to be implemented by LACMTA or their subrecipients.

D. On August 22, 2023, a grant agreement by and between the USDOT, the Federal Highway Administration (the "FHWA"), and the LACMTA was executed designating LACMTA as the recipient of FY 2022 SS4A funds to support the LACMTA Action Plan, which in part provides $200,529 in funding to the Agency for the Bell Gardens Action Plan(the"Project").

E. As the recipient of SS4A funds, the LACMTA as a pass-through entity shall negotiate and execute Agreements with agencies as subrecipients and shall monitor the activities with respect to performance of work and compliance,by providing technical assistance,financial management, internal controls, and oversight.

F. The total cost for the Project described in the Scope of Work (the "SOW"), attached as Exhibit"A",hereto is estimated to be $250,661.25 ("Estimated Cost").

G. The Agency has agreed to provide the required local match of $50,132.25 (the "Local Match"), as described in the Financial Plan that is attached as Exhibit "B", and any

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