SCO ID: 0650-CV2311401
STATE OF CALIFORNIA-DEPARTMENT OF GENERAL SERVICES
STANDARD AGREEMENT AGREEMENT NUMBER PURCHASING AUTHORITY NUMBER(If Applicable) STD 213(Rev.04/2020) CV2311401 OPR-0650
STATE OF CALIFORNIA
CONTRACTING AGENCY NAME
Office of Planning and Research,California Volunteers
CONTRACTING AGENCY ADDRESS CITY STATE ZIP 1400 10th Street Sacramento CA 95814 PRINTED NAME OF PERSON SIGNING TITLE
Anthony Chavez Director of Operations
CONTRACTING AGENCY AUTHORIZED SIGNATURE DATE SIGNED CALIFORNIA DEPARTMENT OF GENERAL SERVICES APPROVAL EXEMPTION(If Applicable) Exempt-SCM Vol 1,Section 4.04(A)(4)
Exhibit 2 306
City of Bell Gardens
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Exhibit A
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Goal: Strengthen community networks through neighborhood-driven initiatives focusing on reducing isolation, increasing volunteerism, improving social bonds, and promoting climate action and disaster preparedness.
ProjectOverview:The Neighbor-to-Neighbor Project aims to strengthen community networks through neighborhood-driven initiatives, increase volunteerism, improve social bonds, and promote climate action and disaster preparedness.
1.Project Scope
• Scope Statement: The project will select under-resourced neighborhoods for targeted engagement strategies to enhance community connectivity and readiness for climate and disaster challenges.
• Deliverables: Neighborhood selection and analysis, detailed engagement strategy, twenty-five (25) community projects, including block parties and focus groups, project plans, bi-monthly reports, neighborhood survey summary, grantee updates at quarterly meetings,case study,and final neighborhood survey summary. • Constraints:Limited resources in selected neighborhoods,language barriers,and varying levels of community engagement.
• Assumptions: Community members are willing to engage and participate in project activities.
2.Cost Management and Procurement Plan
• Specific amounts will be allocated to each category of expenses, ensuring a clear understanding of where funds are being directed and why. • Regular review of expenditures against the budget to identify and address any variances promptly.This process will involve monthly financial reports and meetings with the project team to discuss financial performance.
• Identifying opportunities to reduce costs without compromising project quality, such as leveraging partnerships with local businesses for in-kind donations of supplies or services and recruiting community volunteers to minimize labor costs. • Establishing thresholds for expenditures that require approval from the project manager or a steering committee to ensure that spending aligns with project priorities and budget constraints.
• The project team will follow the necessary requirements of the city's procurement process, as identified in Section 3.04 of the Bell Gardens Municipal Code.
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3.Project Management Structure
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Project Team:Bell Gardens staff,including the Director of Recreation and Community Services, Director of Public Works, Chief of Police, Director of Community Development, and Assistant 00 to the City Manager, plus community partners selected through a competitive procurement process.
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Partner Organizations/Key Stakeholders: Community members, local government, non- profit organizations like the Los Angeles Neighborhood Initiative (LANI), schools, and local businesses.
Roles and Responsibilities
Project Manager:
Elizabeth Nava leads the Recreation and Community Services Department. In this role, she develops recreation and athletic programs, community social service programs, and senior citizen activities. She exemplifies strong leadership and change management capabilities. Ms.
Nava will serve as the Project Manager,tasked with coordinating projects, managing partners, and overseeing reporting.She will dedicate approximately 300 hours to this project.
Project Manager Responsibilities:
• Strategic planning and program alignment with overarching goals. • Resource allocation and budget oversight for the entire program. • Stakeholder engagement and communication.
• Program performance monitoring and reporting.
• Risk management and mitigation across the program.
• Cost management
Project Assistants:
• Gus Romo is the Director of Community Development. In this role, he coordinates and manages community development activities within the city,conducts program evaluation, and coordinates with other department heads on community development needs. He exemplifies strong budgeting and community engagement capabilities. Mr. Romo will support Ms.Nava in the planning and execution of various projects,including block parties and community cleanups. He will dedicate approximately 100 hours to this project. • Bernie Iniguez is the Director of Public Works. He oversees the design and construction of systems and facilities within the city. He further manages the maintenance and repair of streets, sidewalks, and parks. He demonstrates a strong background in engineering, urban planning, and policy design. Mr. Iniguez will support Ms. Nava in the planning and execution of various projects, including tree planting and disaster preparedness. He will LU
dedicate approximately 100 hours to this project.
• Paul Camacho is the Chief of Police. In this role, he directs and coordinates Police LU
Department Activities, implements policies and establishes procedures related to crime prevention, law enforcement,and community services,develops the department budget, 00 and provides technical assistance to the City Manager and City Council. Mr. Camacho will support Ms. Nava in the planning and execution of various projects, including community cleanups and safe routes events. He will dedicate approximately 100 hours to this project.
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• Hailes Soto, the Assistant to the City Manager, assists the City Manager and department headswith special projects. Heworksto define problems and propose innovative solutions.
He frequently develops summary reports and presentations. For this project, Mr. Soto will support Ms. Nava with various administrative tasks, including partner coordination, the design of promotional materials, program evaluation, and reporting. He will dedicate approximately 75 hours to this project.
Project Assistant Responsibilities:
• Detailed planning and execution of their respective tasks. • Coordination with the Community Outreach Coordinator and other team members.
• Budget management and expense tracking for their projects. • Quality assurance of project deliverables.
• Reporting progress and challenges to the Project Manager.
Community Outreach and Event Planning Team:
Elizabeth Nava, Project Manager, will oversee the RCS Department's social media/marketing division that produces all marketing materials for programs. Additionally, Hailes Soto, the Assistant to The City Manager, and the BG Police Department have marketing components.
The three city departments will collectively create social media content, fliers, banners, quarterly publications,and all forms of information dissemination.The RCS Department has a survey on its webpage for residents to provide feedback 24/7 365. The city just created a new app that allows residents to provide feedback,submit questions and claims, and communicate more efficiently with the city.The city website has a "Talk to Us"feature where residents and community members can ask specific questions or leave comments that get routed directly to the appropriate department.
Community Outreach Responsibilities:
• Leading on-the-ground engagement efforts.
• Building relationships with community members and stakeholders. • Facilitating communication between the project team and the community. • Supporting event planning and coordination.
• Assisting with survey distribution and data collection. • Analyzing collected data from surveys,focus groups, and other sources.
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• Recruiting and managing volunteers for various activities. • Ensuring volunteer safety and engagement.
• Coordinating with the Event Planning Team for volunteer assignments.
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Event Planning Responsibilities:
• Organizing and executing block parties and community clean-up events. 00 • Managing logistics, resources, and activities to facilitate community engagement. • Coordinating with vendors and partners for event supplies and services.
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Project Team Experience&Knowledge
The project team consists of five (5) highly qualified city employees who will dedicate 675 hours to this project.The team possesses the experience and knowledge necessary to execute the proposed scope of work. Note that community partners will also be included in the project team. Partners will be selected through a competitive bid process after funding is awarded and will contribute approximately 600 hours to the project.
1.Local community development and resiliency building
Through the Community Development Department, the City of Bell Gardens continues to develop the city by bringing in new businesses, most recently Hamburguesas Uruapan.
Additionally, the city is working to rehabilitate brownfields to add low-income housing for the community.The Recreation and Community Services Department (RCS) hosts workshops such as financial literacy training through a partnership with Downey Federal Credit Union to educate residents and help them develop better budgeting and wealth-building habits.
2.Cultivating and sustaining neighborhood networks
The RCS Department works diligently to build meaningful connections with the residents of Bell Gardens. Bell Gardens is an active community, where residents feel inspired to create community groups that serve their interests. One example is a small group of individuals who created the BG Arts group.This group of residents and stakeholders wanted a platform where they could promote the arts and encourage young artists to develop and share their gifts with the community. BG Arts partnered with the Bell Gardens RCS Department to host information booths and volunteer at various events, paint murals in the city, provide free entertainment for city-sponsored activities, and participate in the newly established Bell Gardens Art and Yard Sale Program.
3.Facilitating neighborhood events and activities in underserved communities According to the SB 535 Disadvantaged Communities Map, the entire city of Bell Gardens is classified as a disadvantaged community. The city's poverty rate stands at a staggering 23.4 percent, meaning nearly 1 in 4 residents live in poverty. The RCS Department hosts various programs, events, and activities, including community special events, social services, toddler, youth, teen, adult, and senior programming, and adaptive recreation programming for adults and children with special needs. A copy of the city's quarterly activity guide is attached for LU
additional information.
4.Climate and disaster preparedness
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The RCS Department will be partnering with the American Red Cross for a free smoke detector 00 installation program. Residents will receive an inspection of their home and, if needed, a free smoke detector will be installed.RCS staffwill also begin offering CERT(Community Emergency Response Team) training courses,where residents and staff will be trained in disaster response.
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Moreover, the Public Works Department hosts free sandbag giveaways for residents during inclement weather. Staff prepare sandbags and help residents put the bags in their vehicles to help them prepare for flooding. In terms of climate action, the city is developing a Climate Action Plan, which will help the city advance its goals surrounding economic development, public health,climate resiliency,and equity while planning for the impacts of climate change.
5.Working in third places
The RCS Department manages all city events and programming hosted at community centers, parks, and public spaces. The Department also seeks innovative partnerships to provide community programming. For example, when the Bell Gardens Aquatic Center closed (for safety reasons),the residents were left without a pool for swimming lessons.RCS staff contacted the local school district (Montebello Unified School District) and entered into an agreement with the district to allow the city to use the Bell Gardens High School pool during the summer months.When the high school pool became unavailable, the RCS Department contacted the neighboring City, Montebello, and entered an agreement, giving Bell Gardens exclusive,year- round use of one of their pools close to the city.This has allowed the City of Bell Gardens to provide year-round swimming lessons and aquatic aerobics classes to its residents.
6.Working with nonprofits and community-based organizations The RCS Department includes a division called the Community Family Service Center, where the city partners with nonprofit and public organizations to provide resources and services to the community. Organizations like the Human Services Association provide our seniors with congregate and home-delivered meals,and SPIRITT Family Services provides residents in need with social service resources such as counseling, familial support, financial workshops, and health and wellness programs.Also,the city partners with the Los Angeles Regional Food Bank to provide monthly food distributions.
7.Technical knowledge and experience
Portnershlp Development
Elizabeth Nava has experience with partnership development.To provide Bell Gardens residents with innovative programming,the Recreation and Community Services Department must build and establish strong relationships with local community-based, non-profit, faith-based, and for-profit organizations. She's established ongoing programming with organizations like BG Uj
Arts, Latino Equality Alliance,the Bell Gardens Lions Club,SPIRITT Family Services,the local Girl Scout troops, Bell Gardens Boys and Girls Club, All Christian Fellowship Church, the Salvation Army,and many others.
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Community Development 00
Gus Romo demonstrates experience with community development. As Bell Garden's Director of Community Development, he coordinates and manages all community development Exhibit 2 311
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activities within the community. He currently manages the Community Development Block Grant (CDBG) program within the city,which can be utilized by community organizations who serve low to moderate income residents. Organizations like the Human Services Association and the Rio Hondo Boys and Girls Club have used these funds to offer elderly transportation and youth educational services, respectively.Mr. Romo also manages a rent relief program and recently created a rent control ordinance.
Event Monogement and Promotion
Elizabeth Nava (Recreation) and Hailes Soto (Assistant to City Manager) have experience with event management and promotion.The RCS Department has a small social media/marketing division that produces marketing materials for department programs. Additionally, the City Manager's Office and the BG Police Department have marketing components.The three city departments collectively create social media content, fliers, banners, quarterly publications, and all forms of information dissemination. The city also just created a new app that allows residents to provide feedback,submit questions and claims,and communicate more efficiently with the city.
Cllmote Change
Bernie Iniguez, Public Works Director, demonstrates knowledge and experience with climate action. In 2020, he helped develop the Bell Gardens Complete Street Plan,focused on creating a more walkable and bikeable community. Prioritizing the development of safe infrastructure for alternative modes of transportation reduces vehicle miles traveled,which directly translates to reduced greenhouse gas emissions. Moreover, he is spearheading the development of a city-wide Climate Action Plan,which will help the city plan for the impacts of climate change.
Additionally, Gus Romo (Community Development) is working to rehabilitate brownfields to add more low-income housing throughout the community.
Dlsoster Preparedness
Elizabeth Nava (Recreation), Paul Camacho (Police), and Bernie Iniguez (Public Works) have experience with disaster preparedness.The RCS Department is partnering with the American Red Cross to provide residents with free smoke detector installation as well as workshops teaching residents about emergency preparedness. Additionally, the Police Department and a county fire station are partnering to host a community CERT program. Moreover, the Public Works Department hosts free sandbag giveaways for residents during inclement weather.
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Volunteer Recruitment and Coordlnotlon
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Elizabeth Nava has experience with volunteer recruitment and coordination. The RCS Department regularly recruits volunteer coaches for the Bell Gardens youth sports program, 00 high school seniors to assist with special events and workshops, and community members to participate in various events hosted for the community.
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Data Anolysis and Program Evoluotion
Hailes Soto, Assistant to the City Manager, assists department heads with various projects.
Most recently, he helped the RCS Department administer an online survey to allow residents to provide feedback on community programs and events, submit questions and claims, and communicate more effectively with the community. He then organized the survey responses and analyzed the findings.
Minimun Qualifications Total
Staff Title Hours
1 2 3 4 5 6 7 Assigned Elizabeth Director of
Nava Rec.&Comm. X X X X X X X 300 Services
Bernie Director of X X 100
Iniguez Public Works
Paul Chief of Police X X X 100
Camacho
Gus Director of X X X X 100
Romo Comm. Dev
Hailes Assistant
Soto
to The City X 75
0 Manager
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Through the Neighbor-to-Neighbor program,Bell Gardensaimstoconfrontthe significant public health challenge of loneliness and social isolation.The program prioritizes analysis to identify and address challenges within Bell Gardens, aiming to understand each community's unique dynamics thoroughly.This understanding is essential for designing interventions that are not only effective but also sustainable.The program identifies the challenges and opportunities by analyzing each neighborhood's complex social,economic,and environmental aspects.
Bell Gardens centers on an asset-based approach that focuses on identifying and utilizing the existing strengths and resources within a community to address challenges and achieve goals.
This strategy contrasts with deficit-based models,which concentrate solely on the community's needs and problems. This approach begins with a comprehensive mapping of community assets, including physical spaces (like parks and community centers), local businesses,cultural institutions, and, crucially, the skills, knowledge, and passions of individual community members.This process will help identify various resources that can be leveraged to support the program's objectives. For instance, local businesses might provide venues or resources for community events,while individualswith specific skills can lead workshops ortraining sessions.
Partnerships will play a critical role in this asset-based approach, particularly in areas requiring specialized knowledge or resources that may not be readily available within the community.
These partners will provide first-hand knowledge into effective strategies for equitably and inclusively engaging the neighborhoods, access to additional networks and resources, and support the implementation of the activities and events. For example, partnerships with healthcare organizations can bring mental health expertise into the program, while collaborations with local schools and community organizations like LANI can enhance outreach and engagement efforts.
Most importantly, Bell Gardens' Neighbor-to-Neighbor Project will prioritize equity and inclusion by engaging diverse and multilingual segments of the community in planning, decision-making, and implementation processes, ensuring that interventions are relevant and accessible to all community members, regardless of their background or circumstances.
This involvement can take many forms,from community advisory boards and focus groups to leadership roles in organizing events or leading initiatives. Such representation ensures that the program's efforts are grounded in the lived experiences and aspirations of the community, fostering a sense of ownership and commitment among participants.
Throughout the project implementation, Bell Gardens will also utilize Emergent Strategy to UJ
ensure the project is adaptive and allows for the development of initiatives in response to the changing needs and dynamics within the community. Rather than adhering strictly to a predetermined plan, the program remains flexible, learning from ongoing activities and UJ
outcomes.Adaptability is the foundation for fostering meaningful and impactful neighbor-to- neighbor interactions, enabling the program to respond effectively to emergent community 00 dynamics and ensuring that initiatives remain closely aligned with reside nts'current needs and Exhibit 2 314
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preferences.The insights and adaptable strategies we gather will be actively shared at grantee meetings, allowing us to compare with and learn from other projects across California. This sharing is designed to equip other communities with the insights and frameworks developed within our project,supporting them in fostering their own neighbor-to-neighbor connections.
Task 1:Select Neighborhoods in Under-Resourced Areas and Develop Project Plan The City of Bell Gardens spans 2.46 square miles and is home to roughly 39,500 residents, many of whom identify as Hispanic or Latino. The median household income is $53,935, compared to the state average of $91,905.The city's poverty rate stands at a staggering 23.4 percent, meaning nearly 1 in 4 residents live in poverty.This is almost double the state average.
According to the SB 535 Disadvantaged Communities Map, the entire city is classified as a disadvantaged community. Moreover,the city is in the highest percentile for pollution burden, per the CalEnviroScreen 4.0 Map. Similarly, many residents lack access to parks or open space, with 80 percent of residents living in areas with less than 3 acres of parks or open space per 1,000 residents.
Three (3) high risk, under-resourced neighborhoods have been identified for this initiative.
These neighborhoods have been strategically selected to cover the northwest, northeast, and southern portions of the city.These neighborhoods further experience high pollution burden and exemplify sensitive population and socioeconomic characteristics. Each neighborhood encompasses less than 500 homes and surrounds a central gathering place within the community.
The northwest neighborhood surrounds theYouth Center(5856 Ludell Street)and encompasses a geographic area defined by Lubec Street to the north, Jaboneria Road to the east, Florence Avenue to the south, and Eastern Avenue to the west. According to the CalEnviroScreen 4.0 Map,the number of hazardous waste generators in the area is higher than 89 percent of census tracts in California. Studies have shown that hazardous waste facilities are often located near poor neighborhoods and communities of color and have negative environmental and health impacts. Moreover, 51 percent of adults in the area have less than a high school education, which is higher than 97 percent of California. Additionally, 30 percent of households do not speak English well,falling in the 95th percentile for linguistic isolation.
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The southern neighborhood surrounds John Anson Ford Park (8000 Park Lane), the city's largest park, and encompasses a geographic area defined by Florence Avenue to the north, the San Gabriel River to the east, Shull Street to the south, and Garfield Avenue to the west.
This neighborhood is in the 97th percentile for hazardous waste and the 93rd percentile for toxic releases, representing the concentration of chemical toxins in the air. Moreover, the neighborhood is in the 97th percentile for cardiovascular disease, made worse by exposure to pollution, 98th percentile for educational attainment, 97th percentile for linguistic isolation, and 93rd percentile for poverty,amongst other concerning statistics. Uj Uj
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Finally, the northeast neighborhood surrounds Veterans Park (6662 Loveland Street) and encompasses a geographic area defined by Foster Bridge Blvd to the north, Scout Avenue to the east, Florence Avenue to the south, and Garfield Avenue to the west.This neighborhood, divided by two census tracts, scores high in toxic releases and cleanup sites, defined as places that are contaminated with hazardous chemicals and require cleanup. Studies have shown that neighborhoods with cleanup sites are generally poorer and have more people of color.
Moreover,the area experiences high ratesof cardiovascular disease,loweducational attainment, Uj linguistic isolation,and poverty,according to the CalEnviroScreen 4.0 Map.
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The proposed Project Plan seeks to leverage a diverse set of partnerships to build upon existing community programming. Projects will take place in or around the identified neighborhoods and central places like parks or community centers. Activities will range from community engagement events, education and training opportunities, climate action and disaster preparedness activities, local volunteer opportunities, and more. A list of the 25 projects is as LU follows:
May-August 2024
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1. Neighborhood Block Party&Clean-Up (Northwest)
2. Neighborhood Block Party&Clean-Up (South) 00
3. Neighborhood Block Party&Clean-Up (Northeast)
4. Community-Wide Block Party
5. Safe Routes to School
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September-December 2024 points. With high rates of linguistic isolation,
6. Tree Planting the survey will be available in both English
7. Community Gardening and Spanish.To streamline data collection and
8. Food Bank Volunteering analysis, the survey will be available online,
9. Senior to Senior Digital Literacy with paper surveys available for those who
10.Climate Action Plan -Community prefer this option.
Engagement
Participants will break out into smaller
January-April 2025 focus groups, allowing the city to identify
11.Tree Planting neighborhood leaders and better understand
12.CommunityGardening neighborhood needs and interests. One
13.CommunityClean-Up potential partner is the Los Angeles
14.Safe Routes to Parks Neighborhood Initiative(LANI).Theirapproach
15.Earth Day Celebration to community engagement, termed the LANI model, focuses on facilitating dialogue and
May-August 2025 participation among stakeholders, building
16.Food Bank Volunteering bridges between the community and local
17.Senior to Senior Digital Literacy government, and facilitating compromise to
18.First Aid &CPR Certification deliver meaningful,broadly supported results.
19.Disaster Preparedness Tabling
20.Climate Action Plan -Community To gather input from individuals unable to Engagement attend the neighborhood block parties, the city will offer an online survey before and
September-December 2025 after the events. To promote the survey,
21.Tree Planting the city will utilize existing partners in the
22.Food Bank Volunteering area, including schools, churches, the Senior
23.CommunityClean-Up Center, the Human Services Association, and
24.Safe Routes to Public Transportation the Boys and Girls Club.Paper surveys will also
25.Final Block Party Celebration be available at select community locations.
Before implementation, California Volunteers
will approve all survey materials and focus
Task 2:Survey Selected Neighborhoods group structures.
to Determine Priorities and Activities of
Interest At the final block party, initial survey results will be shared. According to the Urban
The first three (3) projects will involve Institute, sharing findings with participants neighborhood-specific block parties and promotes respect, as it avoids treating LU
cleanups.During these events,the project and individuals as a means to an end, and can project team will be introduced,and residents be educational for everyone involved. At the will be surveyed. Survey questions will focus end of the block party, the survey will be UJ
on understanding how long residents have redistributed. A minimum of 15 minutes will lived in the community, their perceived level be dedicated to completing the survey, as 00 of connectedness to their neighbors,concerns Creating Communities of Practice reports that for the neighborhood, and interest in joining scheduling time to complete surveys during a neighborhood group, amongst other data in-person sessions ensures higher completion Exhibit 2 319
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rates and more detailed responses. Ultimately, surveying at different points throughout the project allows the city to analyze changes in attitudes, gather data about what worked and didn't, and collect perceptions about the overall experience.The city aims to increase feelings of connectedness within the neighborhoods by at least 20 percent. Upon project completion, a summary of the survey and focus group findings will be available.
Task 3:Host a Kickoff Block Party or Similar Event for Neighbors to Connect with One Another
As previously stated, a kickoff block party and community cleanup will be hosted in each of the neighborhoods.The events will take place at central, easily accessible locations, including the Youth Center in the northwest neighborhood, Ford Park in the southern neighborhood, and Veterans Park in the northeast neighborhood. In collaboration with California Volunteers, a sign in process will be established,facilitating the collection of residents'contact information for future updates and correspondence.
Each event will begin with the project team, comprising city staff and community partners, introducing themselves,giving an overview of the project,and highlighting theirspecific role in the project.Residents will then be asked to complete a brief survey(described above).Residents will break out into focus groups facilitated by a community partner such as the Los Angeles Neighborhood Initiative (LANI).The goal is to cultivate an environment where residents feel empowered to participate in meaningful discussions about neighborhood needs and interests.
Following these activities,a neighborhood wide cleanup will commence,providing an informal way for residents to connect with one another.Volunteer efforts will focus on the designated geographic areas for each neighborhood, prioritizing trash removal and landscaping enhancements.Walk audits will be conducted concurrently to identify necessary sidewalk or curb ramp improvements. The community cleanup will commence with landscaping efforts focused on a business within the neighborhood, reciprocated by the provision of snacks and beverages.
After the initial neighborhood block parties, a city-wide block party aimed at fostering connections among residents from different neighborhoods will take place at Ford Park.This event will offer a platform for neighborhood leaders to voluntarily share discussions from focus group meetings, share experiences with the cleanup, and articulate their visions for their neighborhoods. This encourages idea exchange among neighborhoods. To incentivize participation,the event will be centered around a potluck-style picnic.
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The final block party will showcase accomplishments throughout the project's duration.
Participants will be re-surveyed to assess shifts in attitudes and gather feedback on effective UJ
strategies.A partnershipwith Bell Gardens High School'sVisual and Performing Arts Department will offer a band or dance performance, incentivizing participation in this event. Additionally, 00 residents demonstrating outstanding participation through the project will be acknowledged and awarded donated prizes.
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Task 4:Develop and Facilitate Projects
The project team will utilize surveyand focus group finclingsto finalize the Project Plan,ensuring alignment with stakeholder needs and preferences. Currently, the Project Plan encompasses a range of activities, including community engagement events, education and training opportunities,climate action and disaster preparedness activities,local volunteer opportunities, and more.With these projects,the city seeks to improve social bonds and interactions within the community, mitigate feelings of isolation or loneliness, increase volunteerism and community engagement,and promote climate action and disaster preparedness.
An explanation of each project follows. Note that projects will be tailored to the survey results and approved by California Volunteers before implementation.Once approved,all projects will be hosted and managed through California Volunteers'management tool,Golden Volunteers.
Safe Routes Events
Three (3) safe routes events will be conducted, focusing on essential locations within the community including schools,parks,and public transportation.The Safe Routes to School event will be hosted at Suva Intermediate School, pending school district approval. The event will teach children about bicycle and pedestrian safety, provide free bike repairs,and help children establish safe routes to school.This encourages eco-friendly transportation, promotes physical activity, and allows children to socialize before the school year begins. Potential partners include local schools and Walk'n Rollers.
The Safe Routes to Parks event will be hosted at Ford Park and will help residents identify safe walking and biking routes to parks within the community. According to California's Park Access Tool,only 6 percent of residents live further than half a mile from a park, indicating that walking to parks is feasible for most residents, assuming safe routes are established. At this event, residents will participate in a mapping exercise in which they will highlight a safe route from their home to a nearby park. The final product will be a map that highlights different safe routes to parks throughout the community. This will show connection points between routes and areas in which safer routes should be established. A potential partner capable of spearheading this event is the Safe Routes Partnership.
Finally, the Safe Routes to Public Transportation event will occur in and around the northeast neighborhood, as there are several bus stops along Garfield Avenue. Beautification efforts at bus stops will be prioritized, including basic landscaping and sidewalk art. The goal is to make bus stops more inviting,encouraging greater use of public transportation. Residents will LU then convene at Veterans Park, where they will learn how to establish safe routes to public transportation. Resources tailored to first time riders will be distributed, including information on how to check bus schedules or how to load your bike onto a bus. A potential partner is UJ LA Metro, which operates the 110 routes along Garfield Avenue and is currently working to 00 advance active transportation throughout the county.
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Tree Plonting
The city will host three (3) tree planting events, with locations determined by residents and the Public Works Department. During the first event, residents will conduct a tree inventory to determine areas in which tree coverage should be expanded. Individuals will plant trees while learning about the species they are planting.The next event will teach people how to care for the newly planted trees and involve more tree planting.To encourage participation and the utilization of learned skills,trees will be given to participants to plant in their own backyards.For the final tree planting event,residents will nominate people to have trees planted in their honor.
A viable partner for this initiative is Tree People, a community-based organization that brings communities together to combat climate change and social justice issues. The organization helps communities'plant and care for trees, learn about the maintenance lifecycle,and harvest rain for watering,amongst other initiatives.
Community Gordening
The residents of Bell Gardens value their community garden, located at 7760 Scout Ave, so much so that there is a multi-month waitlist to join the garden.The city seeks to revamp the community garden while equipping residents with the skills necessary to create or maintain a similar garden in their own backyard.Two community gardening events will be conducted.
The first will teach residents about sustainable gardening practices and have current owners of the plots give an overview of their gardens. During this event, residents will establish a plan for revitalizing the garden, incorporating feedback from owners of the plots.The second event will involve residents performing maintenance on communal areas of the garden,plus any high priority plots identified in the first session. Placemaking initiatives such as painting benches or repairing fences will also occur. Potential partners include local Girl Scout troops and Master Gardeners, an initiative through the American Horticultural Society that sends volunteers to communities to give lectures and create or improve gardens,amongst other initiatives.
Food Bonk Volunteering
Bell Gardens currently serves as a partner agency for the Los Angeles Regional Food Bank.
Through this mutually beneficial partnership,food is received from the Food Bankand distributed to the local community at Veterans Park.However,it can be difficult to recruit volunteers for this initiative.Thus, the city seeks to dedicate three projects from the Project Plan to volunteering for the Food Bank. Information about this volunteer opportunity will be highlighted at other neighborhood events and distributed throughout the community, utilizing partnerships with UJ
the local high school, churches, and the Community and Family Service Center. Benefits will be highlighted, including using this opportunity to meet high school or church volunteer requirements.
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Senior to Senior Dlgltol Llterocy
Two educational sessions will be conducted, where high school seniors will provide basic digital literacy training to senior residents.This serves as a disaster preparedness measure,as it promotes community wide digital literacy,allowing the city to disseminate information during emergencies.The sessions will take place at the Clara Senior Center,located at 6722 Clara Street.
The first session will allow students to meet the seniors and understand their specific needs.
The second session will involve students teaching curriculum centered around needs identified in the first session.This further promotes community connectedness and can combat feelings of isolation. To incentivize participation for high school seniors, a certificate of completion will be awarded, bolstering their resumes and allowing them to use these volunteer hours for various school or church requirements.Community partners include the California Department of Aging, Bell Gardens High School,and the Clara Senior Center.
CllmoteActlon Plon Engagement
The city is currently requesting proposals from qualified firms to help develop a city-wide Climate Action Plan. Community engagement for this plan will be necessary before the end of 2024 and likely around the summer of 2025.Thus,two projects within the Project Plan have been dedicated to community engagement for this plan. A potential partner for this initiative includes the Gateway Cities Council of Governments, which offers a Climate Action Planning (CAP) framework intended to help communities advance economic development, public health,climate resiliency,and equity while planning for the impacts of climate change.
Community Cleon-Up
In addition to the three neighborhood kick-off cleanups (described above), two additional cleanups will be hosted,at Ford Park and Veterans Park,the city's two largest parks.Volunteers will focus on trash removal, basic landscaping improvements,and placemaking initiatives such as painting benches or sidewalks. Potential partners include Bell Gardens Recreation, Public Works,and Police Departments,and local Girl Scout troops. BG Art,a group of local artists,also stands as a valuable partner for placemaking initiatives, building on their existing partnership with the city to paint murals throughout the community.
Earth Day Celebrotlon
The Bell Gardens Earth Day Celebration is a popular event in the community, occurring every April at Veterans Park. At this event, residents can participate in tree planting, butterfly LU
releases, and fun activities for all ages.The city seeks to build upon this event to incorporate more educational components.The city will focus on showcasing sustainable living practices including community gardening, composting, harvesting rainwater, or choosing active LU
transportation modes.Partners that can bring this vision to life include the Gateway Cities COG, LA Compost,Tree People,and the Boys and Girls Club.Residents that have participated in other 00 projects within the program, including tree planting, community gardening, or a safe routes event will be invited to help manage a booth, share their insights, and solicit volunteers for �t future activities.
Exhibit 2 323
City of Bell Gardens
Agreement No. CV2311401
Exhibit A
First Aid and CPR Trolning
The Bell Gardens Recreation and Community Services (RCS) Department will soon offer a CERT (Community Emergency Response Team) training course, where residents and city staff are trained in disaster response. Building upon this program, the city will offer First Aid and CPR certification at the Community and Family Service Center(6662 Loveland Street).This enhances community responsiveness during emergencies and boosts residents' resumes, promoting workforce development. Potential partners include Red Cross and California Govenor's Office of Emergency Services (CaIOES).
Dlsoster Preparedness Tobling
The city continuously seeks to improve its Art and Yard Sale Event, which occurs at Veterans Park every Friday.To educate the community and promote disaster preparedness,the city will set up tables at this event to teach residents essential survival skills,including how to create an emergency preparedness kit and evacuation plan.The city will further highlight the importance of establishing connections with neighbors to ensure support during emergencies. Once again, Red Cross and CalOES stand as valuable partners for educating the community.The Bell Gardens Public Works Department will also highlight resources available to the community.For example,the department hosts free sandbag giveaways during inclement weather.
In terms of marketing these events,our approach includes a robust digital campaign using our website and social media platforms like Facebook, Instagram,and TikTok.We will also leverage existing relationships with schools, churches, the Senior Center, the Community and Family Service Center, the Human Services Association, and the Boys and Girls Club, amongst other community organizations. In collaboration with these partners,the city will organize targeted information sessions at schools and community centers to advertise and answer any questions about the program.
The city will reach residents directly through informational booths at community events or public spaces,providing interested individualswith the opportunityto learn aboutthe program.
Our graphic design team will develop brochures and promotional materials, available in both English and Spanish and co-branded with California Volunteers,to disseminate at these events.
Bell Gardens is committed to the following deliverables:
• Project Plans
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• Bi-Monthly Reports
• Neighborhood Survey Summary
• Grantee Updates at Quarterly Meetings
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• Case Study
• Final Neighborhood Survey Summary 00
Exhibit 2 324
City of Bell Gardens
Agreement No. CV2311401
Exhibit A
Task 5:Attend Quarterly Neighbor-to-Neighbor Grantee Meetings The City of Bell Gardens will attend quarterly Neighbor-to-Neighbor Grantee meetings facilitated by California Volunteers to share and gain insights regarding neighborhood surveys and projects,discuss relevant topics in the field,and identify areas for further collaboration.The city is committed to attending these meetings and providing a comprehensive update on its program.
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NeighborhoodsTask 1:Select iUnder-Resourced Areas and Develop Project Plan Objective:To conduct a thorough analysis of selected neighborhoods,create an engagement strategy,and finalize the project plan aimed at bolstering community connections, volunteerism,and preparedness for climate and disaster-related challenges.
Activities:
1.Landscape Analysis
• Objective: Understand the broader context within which the neighborhoods operate, including social,economic,and environmental factors.
• Methodology: Utilize public data, previous research, and direct community engagement to gather comprehensive information about the neighborhoods. • Responsibility:Community Outreach Team,supported by partner organizations • Timeline: Month 1.
2.Asset Mapping
• Objective: Identify existing resources within each neighborhood, highlighting community centers, parks, local businesses, and other"third places"where community members can gather outside of their homes and workplaces.This activity also includes identifying key community leaders and organizations that can facilitate the implementation of project events and activities.
• Methodology: Conduct field visits and interviews with key stakeholders and map out resources in the community that can be leveraged to improve project outcomes. • Responsibility:Community Outreach Team,supported by partner organizations • Timeline: Month 1-2.
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3.Stakeholder Analysis
• Objective: To effectively identify, understand, and engage all relevant stakeholders to ensure their perspectives and needs are considered, thereby maximizing the project's UJ
impact on enhancing community connectivity,volunteerism,and resilience to climate and disaster challenges. 00
• Methodology:Utilize the asset map to systematically identify,categorize,analyze,prioritize, and engage stakeholders based on their interest, influence, and impact on the project to develop and implement tailored engagement strategies.
Exhibit 2 325
City of Bell Gardens
Agreement No. CV2311401
Exhibit A
• Responsibility:Community Outreach Team,supported by partner organizations • Timeline: Month 1-2.
4.SWOT Analysis
• Objective: Analyze Strengths, Weaknesses, Opportunities, and Threats related to each neighborhood to inform the project plan.
• Methodology: Compile data from the landscape analysis and asset mapping to perform a SWOT analysis,engaging community stakeholders in the process for grounded insights. • Responsibility:Community Outreach Team,supported by partner organizations • Timeline: End of Month 2.
5.Develop and Submit Project Plans Throughout the Grant Duration • Objective 4.1:Consolidate insights from the landscape analysis,asset mapping,and SWOT analysis to outline a comprehensive project plan.
• Objective 4.2: Establish a strategy to effectively engage community members and stakeholders in the planning and implementation of project activities. • Objective 4.3: Develop a running calendar of projects and set up volunteer management system through Golden Volunteers.
• Objective 4.4: Establish data collection and management metrics and processes. • Methodology: Develop a tailored outreach plan that includes owned media assets/ communication channels,marketing and branding kit,stakeholder engagement activities, and volunteer recruitment strategies.
• Responsibility:Community Outreach and Event Planning Team, Partner Organizations Task 2:Surveying Selected Neighborhoods to Determine Priorities and Activities of Interest
Objective:To conduct comprehensive surveys and focus groups within selected neighborhoods to identify resident priorities, interests,and concerns,and to gauge the level of community connectedness.
Logistics and Tools:
• Online Survey Platforms:To create and distribute digital surveys. • Printed Materials: For paper surveys and promotional materials. • Partnerships: Collaborate with local organizations and institutions to reach a wider audience.
• Approval Process: Ensure all survey materials and focus group structures are approved by California Volunteers prior to implementation. LU Activities:
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1.Pre-Event Survey Distribution
• Description: Distribute surveys online and in paper form before the neighborhood events 00 to collect initial data on residents' views, concerns, and interests. Ensure surveys are bilingual, reflecting the community's predominant Hispanic or Latino identity. • Responsibility:Community Outreach Team
Exhibit 2 326
City of Bell Gardens
Agreement No. CV2311401
Exhibit A
• Timeline: 2 weeks prior to the first block party.
2.Neighborhood Block Parties and Clean-Ups
• Description:Organize neighborhood-specific events to introduce the project team,engage the community, and conduct surveys and focus groups. Use these events to identify neighborhood leaders and gather detailed insights into community needs. • Responsibility:Community Outreach and Event Planning Team • Timeline:Scheduled across 3 selected neighborhoods within the first project quarter.
3.Survey and Focus Group Implementation During Events
• Description:Conduct surveys and breakout into smaller focus groups during the events to capture a wide range of data and insights. Partner with organizations like the Los Angeles Neighborhood Initiative (LANI) to facilitate meaningful dialogue. • Responsibility:Community Outreach Team, Partner Organizations • Timeline:Concurrent with each block party and clean-up event.
4.Post-Event Online Survey Distribution
• Description: Offer the survey online after the events to capture input from individuals unable to attend. Promote the survey through partners such as schools, churches, and community centers.
• Responsibility:Community Outreach Team
• Timeline:2 weeks following each block party
5.Data Analysis and Feedback Sharing
• Description:Analyze collected data to identifytrends,changes in attitudes,and effectiveness of the activities.Share initial findings at the final block party and provide a comprehensive summary upon project completion.
• Responsibility:Community Outreach Team
• Timeline:Ongoing,with initial findings shared at the final block party and a comprehensive summary available upon project completion
6.Goal Setting and Monitoring
• Description: Aim to increase feelings of connectedness within the neighborhoods by at least 20 percent,based on survey responses.Monitor changes and perceptions throughout the project.
• Responsibility: Project Team
• Timeline:Throughout the project duration,with specific benchmarks set after each survey LU
distribution
Task 3:Host a Kickoff Block Party or Similar Event for Neighbors to Connect with One UJ
00 Objective:To foster com m u n ity connections,gatherinputon neighborhood needs,and engage residents in beautification efforts through kickoff block parties and a city-wide celebration Exhibit 2 327
City of Bell Gardens
Agreement No. CV2311401
Exhibit A
Activities
1.Pre-Event Planning and Coordination
• Activities: Identify and secure event locations, coordinate with California Volunteers for event setup and sign-in process establishment.
• Timeline:2 months prior to the event
• Responsible:Community Outreach and Event Planning Team • Resources Needed:Venue permissions,event setup supplies,volunteer sign-in system.
2.Team and Partner Introductions
• Activities: Prepare introductory presentations for the project team and community partners.
• Timeline: 1 month prior to the event
• Responsible:Community Outreach Team, Partner Organizations • Resources Needed: Presentation materials,sound systems.
3.Survey Distribution Preparation
• Activities: Develop and print surveys; plan for distribution and collection at the event. • Timeline:3 weeks prior to the event
• Responsible:Community Outreach Team
• Resources Needed: Printed surveys,collection boxes, pens.
4.Focus Group Organization
• Activities: Coordinate with LANI or similar partners to facilitate focus groups; prepare discussion guides.
• Timeline: 1 month prior to the event
• Responsible:Community Outreach Team, Partner Organizations • Resources Needed: Discussion guides,seating arrangements for groups.
5.Neighborhood Cleanup Planning
• Activities: Map out cleanup areas,gather tools and materials,organize volunteer groups. • Timeline: 1 month prior to the event
• Responsible: Project Assistant
• Resources Needed:Cleaning tools,trash bags,gloves, refreshments for volunteers.
6.Event Execution
• Activities: Host kickoff block parties, conduct surveys and focus groups, initiate neighborhood cleanup. LU
• Timeline:Scheduled date for each neighborhood event
• Responsible: Entire Project Team
• Resources Needed: Event supplies,food and beverages,entertainment setups.
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7.City-Wide Block Party Organization00
• Activities: Plan and execute a city-wide block party at Ford Park, including potluck arrangements, to be approved by the Health Department, and sharing of focus group outcomes. �V�
Exhibit 2 328
City of Bell Gardens
Agreement No. CV2311401
Exhibit A
• Timeline:After initial neighborhood events
• Responsible:Community Outreach and Event Planning Team • Resources Needed: Food and beverage coordination,entertainment, potluck supplies.
8.Final Celebration and Feedback Collection
• Activities:Organize the final block party to showcase project accomplishments and collect feedback via surveys.
• Timeline: End of project timeline
• Responsible:Community Outreach and Event Planning Team • Resources Needed: Event supplies, performance setup,survey distribution and collection.
Task 4: Develop and Facilitate
Objective:To use survey and focus group findings to implement various community engagement events and initiatives, improving social bonds,volunteerism,climate action,and disaster preparedness in Bell Gardens.
Activities:
1.Safe Routes Events
• Activities:Organize three events focusing on safety and eco-friendly transportation. • Timeline:Q2-Q3 2024
• Responsible: Project Assistant, Community Outreach and Event Planning Team, Partner Organizations
• Resources Needed: Partnership agreements,event supplies, promotional materials.
2.Tree Planting
• Activities:Conduct tree inventory, host planting events,and educational workshops. • Timeline:Q3 2024
• Responsible: Project Assistant, Public Works Department, Community Outreach Team, Partner Organization
• Resources Needed:Trees, planting tools,educational materials.
3.Community Gardening
• Activities: Revitalize the community garden, host sustainable gardening workshops. • Timeline:Q2-Q3 2024
• Responsible: Project Assistant, Public Works Department, Community Outreach Team, LU
Partner Organization
• Resources Needed:Gardening supplies,educational materials,workshop facilitators.
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4.Food Bank Volunteering
• Activities: Promote and facilitate volunteering for the food bank. 00 • Timeline:Ongoing,with focused efforts in Q2-Q4 2024
• Responsible: Project Assistant,Community Outreach Team, Partner Organization • Resources Needed:Volunteer schedules, promotional materials.
Exhibit 2 329
City of Bell Gardens
Agreement No. CV2311401
Exhibit A
5.Senior to Senior Digital Literacy
• Activities:Conduct digital literacy training sessions. • Timeline:Q4 2024
• Responsible:Program Manager,Senior Recreation Representative,High School Coordinator • Resources Needed:Training materials,digital devices.
6.Climate Action Plan Engagement
• Activities: Lead community engagement for Climate Action Plan development. • Timeline:Q2 2025 (preparatory work in Q4 2024)
• Responsible: Project Assistant,Community Development Department • Resources Needed: Engagement tools, partnership support.
7.Community Clean-Up
• Activities:Organize clean-up events at parks and public spaces. • Timeline:Q2,Q3 2024
• Responsible:Community Outreach and Event Planning Team • Resources Needed:Cleaning supplies,volunteer gear.
8.Earth Day Celebration
• Activities: Enhance Earth Day event with educational components. • Timeline:April 2025
• Responsible:Community Outreach and Event Planning Team, Partner Organizations • Resources Needed: Event materials, partner contributions.
9.First Aid and CPR Training
• Activities:Offer certification courses in First Aid and CPR. • Timeline:Q3-Q4 2024
• Responsible: Project Assistant,Community Outreach Team, Partner Organization • Resources Needed:Training kits,certified instructors.
10. Disaster Preparedness Tabling
• Activities: Educate residents on disaster preparedness at local events. • Timeline:Ongoing,with peak activity in Q3 2024
• Responsible: Project Assistant,Community Outreach Team, Partner Organization • Resources Needed: Educational materials,emergency kits for demonstration.
Task 5:Attend Quarterly Neighbor-to-Neighbor Grantee Me LU
Objective:To participate actively in quarterly Grantee meetings hosted by California Volunteers, sharing progress,insights from the Neighbor-to-Neighbor Project in Bell Gardens,and exploring UJ
opportunities for collaboration and improvement.
00 Exhibit 2 330
City of Bell Gardens
Agreement No. CV2311401
Exhibit A
Activities
1.Pre-Meeting Preparation
• Activities:Compile updates on neighborhood surveys,project progress,and any challenges or successes encountered. Prepare a presentation or report summarizing these updates. • Timeline:2 weeks prior to each quarterly meeting
• Responsible: Project Manager
• Resources Needed: Project data, presentation software, meeting materials.
2.Collaboration Opportunities Identification
• Activities: Review upcoming meeting agenda to identify potential areas for collaboration with other grantees or California Volunteers that could be discussed during the meeting. • Timeline: 1 week prior to each quarterly meeting
• Responsible: Project Manager
• Resources Needed: Meeting agenda, project summaries from other grantees.
3.Meeting Attendance
• Activities: Attend the quarterly Grantee meetings, participate in discussions, present Bell Gardens'updates,and engage with other grantees and California Volunteers staff. • Timeline: Date of each quarterly meeting
• Responsible: Project Manager, Project Assistants
• Resources Needed: Meeting invitation,transportation, meeting materials.
4.Post-Meeting Debrief
• Activities: Conduct an internal debrief to discuss key takeaways, potential collaborations identified, and any feedback received during the meeting.Outline steps for incorporating new ideas or feedback into the ongoing project.
• Timeline:Within 1 week after each quarterly meeting
• Responsible: Project Manager, Entire Project Team
• Resources Needed: Meeting notes,debrief space,action item tracker.
5.Follow-Up Actions
• Activities: Implement any agreed-upon actions or collaborations stemming from meeting discussions.This may include adjusting project strategies, initiating new partnerships, or sharing additional information requested by California Volunteers or other grantees. • Timeline:Ongoing,as determined by specific actions
• Responsible: Project Manager, Relevant Team Members
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• Resources Needed: Project management tools,collaboration platforms,contact lists.
6.Reporting and Documentation
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• Activities: Document key outcomes of each quarterly meeting and track the progress of follow-up actions. Include summaries in project reports or updates to stakeholders. 00 • Timeline:Ongoing,with updates prepared for partner/stakeholder reports • Responsible: Project Manager
• Resources Needed: Documentation tools, report templates.
Exhibit 2 331
City of Bell Gardens
Agreement No. CV2311401
Exhibit A
Activity Objetive Timeline Page 26 of 29
Task 1:Select Neighborhoods in Under-Resourced Areas and Develop Project Plan Landscape Analysis Understand the broader Month 1 context of neighborhoods.
Asset Mapping Identify resources and key Month 1-2 pp g community leaders.
Stakeholder Analysis Engage relevant stakeholders Month 1-2 for project impact.
SWOT Analysis Analyze Strengths,Weaknesses, End of Month 2 Opportunities,and Threats.
Project Plan #1
April 30,2024
Project Plan #2
August 31, 2024
Develop and Submit Consolidate insights to outline a Project Plan #3 Project Plan comprehensive project plan. December 31,2024 Project Plan #4
April 30,2025
Project Plan #5
August 31, 2025
Task 2:Surveying Selected Neighborhoods to Determine Priorities and Activities of Interest
Pre-Event Survey Distribute surveys to collect initial 2 weeks prior to the Distribution data on residents'views and first block party interests.
Introduce the project team, Scheduled
Neighborhood Block engage the community,and across 3 selected Parties and Clean-Ups gather insights into community neighborhoods within needs. the first project quarter
Survey and Focus Group Capture a wide range of data and Concurrent with each Implementation During insights through surveys and block party and clean-up LU Events focus groups during events. event
Capture input from individuals LU
Post-Event Online unable to attend the events and 2 weeks following each Survey Distribution block party 00
promote the survey.
Analyze data to identify trends Ongoing,with initial �1 Data Analysis and and share findings with the findings shared at the final Feedback Sharing community. block party �' �` Exhibit 2 332
City of Bell Gardens
Agreement No. CV2311401
Exhibit A
Goal Setting and Increase feelings of connectedness Throughout the project Monitoring within the neighborhoods by at duration least 20 percent.
Task 3:Host a Kickoff Block Party or Similar Event for Neighbors to Connect with One Another
Pre-Event Planning Identify and secure event 2 months prior to the and Coordination locations,coordinate event setup event and sign-in process.
Team and Partner Prepare introductory 1 month prior to the presentations for project team
Introductions event
and community partners.
Survey Distribution Develop, print,and plan for 3 weeks prior to the Preparation survey distribution and collection event at the event.
Focus Group Coordinate with partners to
Organization facilitate focus groups and 1 month prior to the event prepare discussion guides.
Neighborhood Map out cleanup areas,gather 1 month prior to the event Cleanup Planning materials,and organize
volunteer groups.
Host kickoff block parties, Scheduled date for each
Event Execution conduct surveys and focus neighborhood event groups, initiate cleanup.
City-Wide Block Party Plan and execute a city-wide After initial neighborhood Organization block party, including potluck events and sharing outcomes.
Organize a final block party to
Final Celebration and End of project
Feedback Collection showcase accomplishments and timeline collect feedback.
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Preparation summary presentation/report. quarterly meeting 00 Collaboration Identify collaboration 1 week prior to each Opportunities opportunities with other grantees
quarterly meeting
Identification or California Volunteers. �T
Exhibit 2 333
City of Bell Gardens
Agreement No. CV2311401
Exhibit A
Participate in quarterly meetings, Date of each quarterly Meeting Attendance present updates, and engage
meeting
with other participants.
Discuss key takeaways, potential Within 1 week after each Post-Meeting Debrief collaborations,and feedback quarterly meeting received during the meeting.
Implement actions or Ongoing,as determined
Follow-Up Actions collaborations stemming from by specific actions meeting discussions.
Reporting and Document outcomes of meetings Ongoing,with updates Documentation and track progress of follow-up prepared for partner/ actions for reporting. stakeholder reports
Task:r9 Gantt GOiart(May 2024 December 2025)
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Exhibit 2 334
City of Bell Gardens
Agreement No. CV2311401
Exhibit A
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The Project Representatives for this agreement are:
Organization: Office of Planning & Research City of Bell Gardens Name: Elissa Lee, Director of Community Elizabeth Nava, Director of Engagement Recreation and Community Services
Address: 1400 Tenth Street 8000 Park Lane
Sacramento, CA 95814 Bell Gardens, CA 90201
Phone: N/A 562-807-7650
Email: elissa.lee(c)cv.ca.gov enava(o)-bellgardens.org Direct all contractual inquiries to:
Organization: Office of Planning & Research City of Bell Gardens Name: Paul Wong, Accounting & Elizabeth Nava, Director of Recreation Procurement Specialist and Community Services
Address: 1400 Tenth Street 8000 Park Lane
Sacramento, CA 95814 Bell Gardens, CA 90201
Phone: N/A 562-807-7650
Email: paul.wong(a)cv.ca.gov enava(a)bellgardens.org Direct all financial inquiries to:
Organization: Office of Planning and Research City of Bell Gardens Name: Accounts Payable Elizabeth Nava, Director of Recreation and Community Services
Address: 1400 Tenth Street 8000 Park Lane
Sacramento, CA 95814 Bell Gardens, CA 90201
Phone: N/A 562-807-7650
Email: Accounts Payable(a)opr.ca.gov enava(a)bellgardens.org Exhibit 2 335
City of Bell Gardens
Agreement No. CV2311401
EXHIBIT B
BUDGET DETAIL AND PAYMENT PROVISIONS
A. INVOICING AND PAYMENT
l. For services satisfactorily rendered, and upon receipt and approval of the invoice for each completed task and deliverable, the State agrees to compensate the Grantee for actual expenditures incurred and in accordance with the rates specified in accordance with this agreement. All costs include items such as but not limited to labor, meetings, reproduction costs, reports, subgrantees, and any miscellaneous items necessary to perform the tasks of this project.
The total cost of this agreement will not exceed $250,000.00 The following items must be included and all unit rates must be extended and totaled in the invoice:
o Overhead;
o Personal service costs showing position rates per unit of time; o Fringe benefits cost citing actual benefits or a percentage of personal services cost; o Operating expenses including rent and supplies;
o Equipment costs specifying equipment to be bought and the disposition of equipment at the end of the grant;
o If there are any travel expenses outlined in the budget, then expenses are not to exceed the travel and per diem rates set at the rate specified by CalHR for similar employees or verification supplied that such rates are not available to the contractor. For invoicing: include breakdown of receipts, and the names and title of travelers. For hotel receipts, do not include the confirmation printouts; include the actual receipt that shows payment has been made and there is a zero balance. Do not include tip or gratuity amounts; CalHR prohibits paying for tips and gratuities.
For more information visit: hqp:// www.calhr.ca . og v/employees/pages/travel- reimbursements.aspx
o Other specific breakdown required.
2. Invoices shall include the Agreement Number and shall be submitted electronically only. Invoices shall not be submitted more frequently than monthly and not less frequently than quarterly in arrears.
Invoices must be submitted via e-mail to:
AccountsPUablegopr.ca.gov
Include the Project Manager in the CC line of the email so they are aware that an invoice has been submitted.
Exhibit 2 336
City of Bell Gardens
Agreement No. CV2311401
EXHIBIT B
BUDGET DETAIL AND PAYMENT PROVISIONS
B. BUDGET CONTINGENCY CLAUSE
I. It is mutually agreed that if the Budget Act of the current year and/or any subsequent years covered under this Agreement does not appropriate sufficient funds for the program, this Agreement shall be of no further force and effect. In this event, the State shall have no liability to pay any funds whatsoever to Contractor or to furnish any other considerations under this Agreement and Contractor shall not be obligated to perform any provisions of this Agreement.
2. If funding for any fiscal year is reduced or deleted by the Budget Act for purposes of this program, the State shall have the option to either cancel this Agreement with no liability occurring to the State, or offer an agreement amendment to Contractor to reflect the reduced amount.
C. PROMPT PAYMENT CLAUSE
Payment will be made in accordance with, and within the time specified in, Government Code Chapter
4.5, commencing with Section 927.
D. BUDGET REVISIONS
All changes to the budget for this agreement must come in the form of request and be sent via e-mail directly to the project representative for this agreement and copy the contract officer in the e-mail. All changes to the budget must justify why the revisions are needed. The project representative and contract officer will review the request for approval and processing.
A formal amendment is not required if a budget is being revised to shift line-item funds within the associated task deliverable budget. Prior documented approval of such change shall be made by the project representative and the contracts officer. All other budget revisions are subject to a formal amendment process. All amendment and budget revision requests are to be determined at the discretion of the contract officer.
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City of Bell Gardens
Agreement No. CV2311401
EXHIBIT D
SPECIAL TERMS AND CONDITIONS
A. Excise Tax
The State of California is exempt from federal excise taxes, and no payment will be made for any taxes levied on employees' wages. The State will pay for any applicable State of California or local sales or use taxes on the services rendered or equipment or parts supplied pursuant to this Agreement. California may pay any applicable sales and use tax imposed by another state.
B. Settlement of Disputes
1. In the event of a dispute, Grantee shall file a"Notice of Dispute"with OPR within ten (10) days of discovery of the problem. Within ten (10) days, the OPR shall meet with the Grantee and Project Representative for purposes of resolving the dispute.
2. Any dispute concerning a question of fact arising under the terms of this Agreement which is not disposed of within a reasonable period of time by Grantee and State employees normally responsible for the administration of this Agreement shall be brought to the attention of the Director or designated representative of each organization for resolution. The decision of the State Executive Officer or designated representative shall be final.
3. In the event of a dispute, the language contained within this Agreement shall prevail over any other language including that of the proposal.
4. The existence of a dispute not fully resolved shall not delay Grantee to continue with the responsibilities under this Agreement which is not affected by the dispute.
C. Subgrantees
Nothing contained in this Agreement or otherwise, shall create any Grantual relation between the State and any subgrantees, and no subGrant shall relieve the Grantee of its responsibilities and obligations hereunder. The Grantee agrees to be as fully responsible to the State for the acts and omissions of its subgrantees and of persons either directly or indirectly employed by any of them as it is for the acts and omissions of persons directly employed by the Grantee. The Grantee's obligation to pay its subgrantees is an independent obligation from the State's obligation to make payments to the Grantee. As a result, the State shall have no obligation to pay or to enforce the payment of any monies to any subgrantee.
After the Grant agreement has been executed, if there are subgrants valued at$2,500.00 or more that are needed to be added, then the Grantee must request the addition of subgrantees. The Grantee shall provide in its request for authorization all particulars necessary for evaluation of the necessity or desirability of incurring such cost and the reasonableness of the price or cost.
Three competitive quotations shall be submitted, or adequate justification provided for the absence of bidding.
Exhibit 2 339
City of Bell Gardens
Agreement No. CV2311401
EXHIBIT D
SPECIAL TERMS AND CONDITIONS
D. Stop Work Order
The State reserves the right to issue an order to stop work in the event that a dispute should arise, or in the event that the State gives Grantee a notice that the Agreement will be terminated. The stop-work order will be in effect until the dispute has been resolved or the Agreement has been terminated.
E. Termination
1. In addition to the rights under Exhibit C of the Standard Agreement, State reserves the right to terminate this Agreement at its sole discretion at any time upon thirty (30) days prior written notice to Grantee.
2. In the case of early termination, Grantee shall submit an invoice in triplicate and a report in triplicate covering services to termination date, following the invoice and progress report requirements of this Agreement. A copy and description of any data collected up to termination date shall also be provided to State.
3. Upon receipt of the invoice,progress report, and data, a final payment will be made to Grantee.
This payment shall be for all State-approved, actually incurred costs that in the opinion of State are justified, and shall include labor, and materials purchased or utilized(including all non- cancellable commitments)to termination date, and pro rata indirect costs as specified in the proposal budget.
4. If, after award and execution of the Agreement, the Grantee's performance is unsatisfactory, the Agreement may be terminated for default. Default is defined as the Grantee failing to perform services required by the Agreement in a satisfactory manner.
5. OPR reserves the right to terminate this Agreement without cause upon thirty (30) days written notice to the Grantee, or immediately in the event of default or material breach by the Grantee.
F. Amendments
1. No amendment or variation of the terms of this Agreement shall be valid unless made in writing, signed by the parties, and approved as required. Amendments must come in the form of a request and be submitted to the Grant Manager for review. The Grant Manager will work with the OPR/CV Grants Office to approve and process the amendment request. No oral understanding or agreement not incorporated in this Agreement is binding on any of the parties.
2. OPR reserves the right to amend this Agreement through a formal written amendment, signed by the parties, and approved by the Dept. of General Services' Office of Legal Services, if required.
Exhibit 2 340
City of Bell Gardens
Agreement No. CV2311401
EXHIBIT D
SPECIAL TERMS AND CONDITIONS
3. A change to the total agreement amount, whether reducing or increasing, would warrant a formal amendment. A change to the term start and end dates, would warrant a formal amendment.
4. Changes of up to twenty percent(20%) of the total dollar amount in this agreement of the existing line items outlined in Exhibit B.1 —Cost Sheet shall be made by providing a written request to OPR before submission of the affected invoice and shall be effective upon written approval from the Grant Manager and California Volunteers. Total costs cannot exceed the maximum grant fund amount set forth in this Agreement. Once effective, the change shall be deemed incorporated into the Grant Agreement.
5. The Grantee may replace the current subgrantee(s) with new subgrantee(s) during the agreement and must provide written request to the Grant Manager stating:
• Name of new subgrantee(s)who is replacing the current subgrantee(s) • Justification of why this new subgrantee(s) is replacing the current subgrantee(s) • Scope of responsibility remains the same as the previous subgrantee(s)which this new subgrantee is replacing
• The subgrantee(s) hours and rates remain the same
• No new line items shall be added to Exhibit B.1 —Cost Sheet • The costs for the new subgrantee(s) shall not, in any shape or form, modify the costs which is already present in Exhibit B.1 —Cost Sheet
• Funds allocated in Exhibit B.1 —Cost Sheet for the subgrantee(s) is not overspent • A competitive process was done to select a new subgrantee to replace the old subgrantee
6. The Grant Manager will make reasonable efforts to respond in writing within fifteen (15) working days from receipt of request to approve or deny the request for amendment, including the reason for the decision.
7. The Grant Manager will make reasonable efforts to process amendments within thirty (30) days of the approval date. The amendment will not be in effect until both Parties' Authorized Signatories or designees have signed the Grant Agreement amendment.
G. Insurance
1. Commercial General Liability
Grantee must furnish to the State a certificate of insurance to remain in effect at all times during the term of this Grant. Grantee shall maintain general liability on an occurrence for with limits not less than $1,000,000 per occurrence for bodily injury and $2,000,000 aggregate for bodily injury and property damage liability. The policy must include coverage for liabilities arising out of premises operations, independent Grantees, Exhibit 2 341
City of Bell Gardens
Agreement No. CV2311401
EXHIBIT D
SPECIAL TERMS AND CONDITIONS
products/completed operations,personal & advertising injury and liability assumed under an insured Grant. This insurance shall apply separately to each insured against whom claim is made or suit is brought subject to the Grantee's limit of liability. The policy must include:
The Office of Planning and Research,its officers, agents, employees, and servants are included as additional insured,but only with respect to work performed under this Grant.
This endorsement must be supplied under a form acceptable to the Office of Risk and Insurance Management.
In the case of Grantee's utilization of subgrantees to complete the Granted scope of work, Grantees shall include all subgrantees as insured under Grantee's insurance or supply evidence of insurance to the State equal to policies, coverage and limits required of Grantee.
2. Automobile Liability (if applicable)
Grantee must furnish to the State a certificate of insurance to remain in effect at all times during the term of this Grant. Grantee shall maintain motor vehicle liability with limits not less than $1,000,000 combined single limit per accident. Such insurance shall cover liability arising out of a motor vehicle including owned, hired and non-owned motor vehicles.
The Office of Planning and Research/ Strategic Growth Council,its officers, agents, employees, and servants are included as additional insured,but only with respect to work performed under this Grant.
3. Worker's Compensation and Employers' Liability
Grantee must furnish to the State a certificate of insurance to remain in effect at all times during the term of this Grant. Grantee shall maintain statutory workers' compensation and employers' liability for all its employees who will be engaged in the performance liability limits of$1,000,000 are required.
When performed on State owned or controlled property the workers' compensation policy shall contain a waiver of subrogation in favor of the State. The waiver of subrogation endorsement shall be provided.
Exhibit 2 342
City of Bell Gardens
Agreement No. CV2311401
EXHIBIT D
SPECIAL TERMS AND CONDITIONS
4. General Provisions Applying to all Policies
a) Coverage Term—Coverage needs to be in force for the complete term of the Grant. If insurance expires during the term of the Grant, a new certificate must be received by the State at least ten (10) days prior to the expiration of this insurance.
Any new insurance must still comply with the original terms of the Grant. b) Policy Cancellation of Termination and Notice of Non-Renewal —Grantee shall provide to the State within five (5)business days following receipt by Grantee a copy of any cancellation or non-renewal of insurance required by this Grant. In the event Grantee fails to keep in effect at all times the specified insurance coverage, the State may, in addition to any other remedies it may have, terminate this Grant upon the occurrence of such event, subject to the provisions of this Grant.
c) Deductible—Grantee is responsible for any deductible or self-insured retention contained within their insurance program.
d) Primary Clause—Any required insurance contained in the Grant shall be primary, and not excess or contributory to any other insurance carried by the State. e) Insurance Carrier Required Rating—All insurance companies must carry a rating acceptable to the Office of Risk and Insurance Management. If the Grantee is self-insured for a portion or all of its insurance, review of financial information including a letter of credit may be required.
f) Endorsements —Any required endorsement must be physically attached to all requested certificates of insurance and not substituted by referring to such coverage on the certificate of insurance.
g) Inadequate Insurance—Inadequate or lack of insurance does not negate the Grantee's obligations under the Grant.
H. Force Majeure
Except for defaults of subgrantees, neither parry shall be responsible for delays or failures in performance resulting from acts beyond the control of the offending parry. Such acts shall include but shall not be limited to acts of God, fire, flood, earthquake, other natural disaster, nuclear accident, strike, lockout, riot, freight embargo,public regulated utility, or governmental statutes or regulations superimposed after the fact. If a delay or failure in performance by the Grantee arises out of a default of its subgrantee, and if such default of its subgrantee, arises out of causes beyond the control of both the Grantee and subgrantee, and without the fault or negligence of either of them, the Grantee shall not be liable for damages of such delay or failure, unless the supplies or services to be furnished by the subgrantee were obtainable from other sources in sufficient time to permit the Grantee to meet the required performance schedule.
Exhibit 2 343
City of Bell Gardens
Agreement No. CV2311401
EXHIBIT D
SPECIAL TERMS AND CONDITIONS
I. Computer Software
Grantee certifies that it has appropriate systems and controls in place to ensure that State funds will not be used in the performance of this Grant for the acquisition, operation, or maintenance of computer software in violation of copyright laws.
J. Ownership of Work and Copyrightable Materials
Any works developed during and/or pursuant to this agreement by Grantee, including all related copyrights and other proprietary rights therein, as may now exist and/or which hereafter come into existence, shall belong to State upon creation, and shall continue in State's exclusive ownership upon termination of this agreement. Grantee further intends and agrees to assign to State all right, title and interest in and to such materials as well as all related copyrights and other proprietary rights therein.
Grantee's obligations under this provision shall survive the expiration or termination of this Agreement.
1) OPR reserves the right to any copyrightable materials developed under this Agreement.
Upon acceptance of the copyrightable materials developed under this Agreement, and payment of the sums then due under the terms of the Agreement, OPR shall have the sole and exclusive right, title, and interest(including trade secret and copyright interests) in the copyrightable materials. Grantee and his or her subgrantees hereby assign(s) all rights, title, and interest(including trade secret and copyright interest) in any copyrightable materials developed under this Agreement to OPR. 2) OPR, at its discretion, may grant a nonexclusive and paid-up license to Grantee and his or her subgrantees to use said copyrightable materials. Grantee and his or her subgrantees agree to cooperate with and assist OPR to apply for and to execute any applications and/or assignments reasonably necessary to obtain any patent, copyright, trademark, or other statutory protection for all copyrightable materials. 3) Grantee and his or her subgrantees shall not disclose any copyrightable materials, any of the deliverables thereof, or any portion thereof, to any other organization or person without the written consent of OPR.
4) Grantee and his or her subgrantees shall not use the copyrightable materials, any of the deliverables thereof, or any portion thereof, in any other work performed by this Agreement subject to any license granted without the written consent of OPR. 5) Grantee's obligations under this provision shall survive the expiration or termination of this Agreement.
K. Confidentiality of State Information
It is expressly understood and agreed that any and all information in the possession of Grantee shall be subject to the Public Records Act(Govt. Code Section 7920.000 et seq.) unless marked as confidential or privileged.
Exhibit 2 344
City of Bell Gardens
Agreement No. CV2311401
EXHIBIT D
SPECIAL TERMS AND CONDITIONS
L. Confidentiality of Data and Working Documents
1) Grantee shall not disclose data or documents that are subject to the Public Records Act(Govt. Code Section 7920.00) and are marked as privileged or confidential without express written permission of OPR's Grant Manager. 2) Permission to disclose information or documents on one occasion or at public hearings or workshops held by OPR relating to the same shall not authorize Grantee to further disclose such information or documents on any other occasion. 3) Grantee shall not comment publicly to the press or any other media regarding the data or documents generated, collected, or produced in connection with this Grant, or OPR's actions on the same, except to OPR staff, Grantee's own personnel involved in the performance of this Grant, at a public hearing, or in response to questions from a legislative committee.
4) Grantee shall require each of its employees or officers who will be involved in the performance of this Grant to agree to the above terms.
5) Each subgrant shall contain the foregoing provisions related to the confidentiality of data and nondisclosure of the same.
M.Evaluation of Consulting Agreements
Pursuant to Public Grant Code (PCC) Sections10367 and 10369, the Grantee providing consultant services of$5,000 or more shall be advised in writing that the performance will be evaluated. The evaluation shall be prepared on a Grant/Grantee Evaluation Sheet (STD. 4), within 60 days after completion of the agreement and maintained in the Agreement file. Any negative evaluations will be sent to the Department of General Services, Office of Legal Services (DGS/OLS) and a copy sent to the Grantee within 15 days. The Grantee shall have 30 days to prepare a statement defending his or her performance under the Grant and to send it to OPR and DGS/OLS.
N. DVBE AUDIT
Grantee agrees that the State or its delegate will have the right to review, obtain, and copy all records pertaining to Grantee's compliance with the Disabled Veteran Business Enterprise (DVBE)requirements as contained in Public Grant Code sections 10115 et. seq. Grantee agrees to provide State or its delegate with any relevant information requested and shall permit State or its delegate access to its premises, upon reasonable notice, during normal business hours for the purposes of interviewing employees and inspecting and copying such books, records, accounts, and other material that may be relevant to a matter under investigation for the purpose of determining compliance with the DVBE requirements. Grantee further agrees to maintain such records for a period of three years after final payment under this Agreement.
Exhibit 2 345
City of Bell Gardens
Agreement No. CV2311401
EXHIBIT D
SPECIAL TERMS AND CONDITIONS
O. DVBE Subgrantee Participation and Reporting Requirements
1. In the event the Grantee committed to provide DVBE subgrantee participation for this Agreement, the Grantee shall comply with their DVBE subgrantee participation commitment throughout the term of this Agreement. In the event this Agreement is amended to increase the maximum Agreement amount, the Grantee shall comply with their DVBE subgrantee participation commitment for the additional amount.
2. Upon completion of this Agreement, the Grantee shall download from w ,,.,d, s..ca.. Gov, complete, sign, and submit to OPR with the final invoice for payment a Prime Grantee's Certification - DVBE SubGranting Report(STD 817) certifying all of the following:
a) The total dollar amount the Grantee received under this Agreement. b) This Agreement number and the name, address, and certification ID number of all DVBE subgrantees that participated in the performance of this Agreement. c) The total dollar amount and percentage of this Agreement's total dollar amount the Grantee committed to each DVBE subgrantee.
d) The total dollar amount the Grantee paid each DVBE subgrantee. e) That all payments under this Agreement have been made to the DVBE subgrantee(s).
f) The actual percentage of DVBE participation that was achieved. Upon request, the Grantee shall provide proof of payment for the work.
3. OPR will withhold $10,000.00 (or the full dollar amount if less than $10,000.00) from the final payment, until the Grantee complies with the certification requirements above. In the event the Grantee fails to comply with the certification requirements above, the Grantee shall be allowed to cure the defect after written notice. Notwithstanding any other law, if, after at least 15 calendar days but not more than 30 calendar days from the date of written notice, the Grantee refuses to comply with the certification requirements above, OPR shall permanently deduct $10,000.00 (or the full dollar amount if less than $10,000.00) from the final payment(Military and Veterans Code Section 999.7).
4. A person or entity that knowingly provides false information shall be subject to a civil penalty for each violation (Military and Veterans Code Section 999.5; Government Code Section 14841).
5. The Grantee agrees to comply with the rules, regulations, ordinances, and statutes that apply to the DVBE program as defined in Section 999 of the Military and Veterans Code, including, but not limited to, the requirements of Section 999.5(d).
Exhibit 2 346
City of Bell Gardens
Agreement No. CV2311401
EXHIBIT D
SPECIAL TERMS AND CONDITIONS
P. Replacement of DVBE Subgrantees
1. Per Military and Veterans Code Section 999.5, a DVBE subgrantee may only be replaced by another DVBE subgrantee and must be approved by the Department of General Services (DGS).
2. The Grantee's failure to seek a substitution and adhere to the DVBE participation level identified in the Grantee's bid (when applicable) may be cause for termination of this Agreement, recovery of damages under rights and remedies due to the DMV, and penalties outlined in Military and Veterans Code Section 999.9; Public Grant Code Section 10115.10, or Public Grant Code Section 4110.
Q. DVBE Subgrantee Invoices
To ensure that DVBE participation is applied correctly, all DVBE subgrantee invoices submitted to the Grantee must include this Agreement number.
R. Incompatible Activities
1. Grantee's staff assigned to perform services shall not:
a. Participate in a criminal investigation or prosecution. b. Engage in any conduct that is clearly inconsistent, incompatible, or in conflict with his or her assigned duties under this Agreement, including but not limited to,providing services that could be compensated by OPR.
c. Use information obtained performing services under the Agreement for personal gain or the advantage of another person.
d. Disclose any confidential information to anyone, including but not limited to: materials labeled as confidential,personal identifiable information, legal and criminal documentation.
e. Provide or use the name of persons or records of OPR for a mailing list, which has not been authorized by OPR.
f. Represent himself or herself as a OPR employee.
g. All confidential information obtained during the performance of this Agreement shall be held in strict confidence and shall not be provided to persons not authorized to receive the information.
h. It shall be the Grantee's responsibility to ensure that all staff assigned to provide services under this Agreement is made aware of and abides by these provisions as stated in this section of Exhibit D, Special Terms and Conditions. If an assigned staff is unwilling or unable to, or fails to abide by these provisions, the staff shall no longer be assigned to perform services in this Agreement and OPR shall not reimburse Grantee for expenditures incurred, including staff salary.
Exhibit 2 347
City of Bell Gardens
Agreement No. CV2311401
EXHIBIT D
SPECIAL TERMS AND CONDITIONS
S. Operating Expenses
1. The Grantee may charge expenses to various line-item allocations as part of its operating expenses, including but not limited to: rent, utilities,postage, and telephone. Such expenses are generally identified as "direct costs".
2. The Grantee shall ensure that expenses that are classified as "direct costs" are not also included in the "indirect cost" or"overhead" categories. Indirect costs are those costs that are incurred for a common or joint purpose or a cost that is not readily assignable to a specific operating expense line-item. OPR reserves the right to deny any expenses that are deemed ineligible by the State.
3. The Grantee shall submit, upon OPR's request, a copy of the indirect cost allocation plan demonstrating how the indirect cost rate was established. All costs included in the plan shall be supported by formal accounting records, which substantiate the propriety of such charges.
4. The Grantee shall submit requests to the Grant Manager or designee via e-mail for review and prior written approval of any budget modification for line items under the operating expense category such as an increase to rent or offsetting savings from one line item to another.
T. Training-Related Reimbursement
1. Grantee shall obtain prior approval from OPR for the location, costs, dates, agenda, instructors, instructional materials, and attendees at any reimbursable training seminar, workshop or conference and over any reimbursable publicity or educational materials to be made available for distribution. The Grantee shall be required to acknowledge the support of OPR when publicizing the work under the Agreement in any media.
2. All such costs must be disclosed in the Budget of this agreement, include in the amount as stated in Exhibit B, Budget Detail and Payment Provisions. Grantee must submit training requests to the Grant Manager for review and approval prior to taking training. Approval for reimbursement for the requested training is at the discretion of OPR.
U. Travel Reimbursement
The Grantee shall obtain written authorization via email from the Grant Manager or designee at least five (5)business days prior to any in-state travel for which the Grantee intends to seek reimbursement. Any reimbursement for necessary travel and per diem shall be at the rates currently in effect as established by CaIHR. Current travel rates can be found at:
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No out-of-state travel is authorized under this Agreement.
Exhibit 2 348
City of Bell Gardens
Agreement No. CV2311401
EXHIBIT D
SPECIAL TERMS AND CONDITIONS
V. Record Retention and Examination of California Auditor For the purpose of determining compliance with GC section 8546.7, the Grantee and any Subgrantees shall maintain all books, documents, papers, accounting records, and other evidence pertaining to the performance of the Agreement, including but not limited to, the costs of administering the Agreement and documents as stated in Exhibit B, Budget Detail and Payment Provisions. All parties shall make such materials available at their respective offices at all reasonable times during the Agreement period and for a minimum of three (3)years from the date the record is created. The State, the State Auditor, or any duly authorized representative of the Federal government having jurisdiction under Federal laws or regulations (including the basis of Federal funding in whole or in part) shall have access to any books, records, and documents of the Grantee that are pertinent to the Agreement for audits, examinations, excerpts, and transactions, and copies thereof shall be furnished if requested.
W. Ownership of Work Product and Data — Integrity and Security
1. All work product as a result of the work performed by the Grantee under this Agreement, shall be owned by OPR and shall be considered works made for hire by the Grantee to OPR.
2. All intellectual property rights, ownership and title to all reports, documents,plans, and specifications produced as part of this Agreement will automatically be vested in OPR and no further agreement will be necessary to transfer ownership to OPR. The Grantee shall furnish OPR all necessary copies of data needed to complete the review and approval process.
3. Grantee shall comply with the following requirements to ensure the preservation, security, and integrity of State-owned data on portable computing devices and portable electronic storage media:
a. Encrypt all State-owned data in transit and where existing technology enables encryption at rest, stored on portable computing devices and portable electronic storage media. Data encryption shall use cryptographic technology that has been tested and approved against exacting standards, such as Federal Information Processing Standard (FIPS) 140-2 Security Requirements for Cryptographic Modules.
b. Encrypt, as described above, all State-owned data transmitted from one computing device or storage medium to another.
c. Maintain confidentiality of all State-owned data by limiting data sharing to those individuals Granted to provide services on behalf of the State, and limit use of State information assets for State purposes only.
d. Notify the Grant Manager within 24-hours of any actual or attempted violations of security of State-owned data, including lost or stolen computing devices, files, or portable electronic storage media containing State-owned data.
e. Advise the owner of the State-owned data and the OPR Grant Manager of vulnerabilities that may present a threat to the security of State-owned data and of specific means of protecting that State-owned data.
Exhibit 2 349
City of Bell Gardens
Agreement No. CV2311401
EXHIBIT D
SPECIAL TERMS AND CONDITIONS
f. Grantee shall use the State-owned data only for State purposes under this Agreement. g. Grantee shall not transfer State-owned data to any computing system, mobile device, or desktop computer without first establishing the specifications for information integrity and security as established for the original data file(s).
h. The Grantee's staff assigned to perform services for OPR must adhere to the following provisions. Staff shall NOT do the following when handle State-owned data:
• Share individual login ID and password with anyone else. • Walk away from their computer without locking the screen (Ctrl+Alt+Delete}. • Leave documents with Personal Identifiable Information (PII)unattended on printers or fax machines, or in cubicles, offices or conference rooms.
• Visit untrusted websites or open any attachments or links from untrusted email. • Uninstall or disable anti-virus software and automatic updates. • Install any unauthorized or unlicensed software.
• Plug a mobile phone,personal USB drive or other peripheral device into the network system or desktop computer.
• Disclose any PII information to unauthorized users. • Send any PII via email. Staff should use encrypted email if they must send email containing PII.
X. Economic Sanctions
On March 4, 2022, Governor Gavin Newsom issued Executive Order N-6-22 (the EO)regarding Economic Sanctions against Russia and Russian entities and individuals. "Economic Sanctions" refers to sanctions imposed by the U.S. government in response to Russia's actions in Ukraine, as well as any sanctions imposed under state law.
All primary Grants and sub-Grantees,primary Grantees, and sub-awardees, agree that they have reviewed Executive Order N-6-22 and attest that they are in compliance with it prior to submitting their response to a solicitation, and prior to entering into a Grantual or grant agreement.
OPR will check the Office of Foreign Assets and Controls Sanctions List to ensure entities are not listed. Any entity found not being in compliance with Executive Order N-6-22 shall have their offer automatically disqualified, or Grant or grant voided.
By submitting an offer against a solicitation, the Grantee or Grantee represents that the Grantee or Grantee nor any of its sub-Grantees or sub-awardees are not a target of Economic Sanctions.
Should the State determine the Grantee, sub-Grantees, Grantee or sub-awardees are a target of Economic Sanctions or is conducting prohibited transactions with sanctioned individuals or entities, that shall be grounds for rejection of the Grantee's bid/proposal any time prior to grant Exhibit 2 350
City of Bell Gardens
Agreement No. CV2311401
EXHIBIT D
SPECIAL TERMS AND CONDITIONS
execution, or, if determined after grant execution, shall be grounds for termination by the State.
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The EO also directs all agencies and departments that are subject to the Governor's authority to take certain steps, including directing that all state Grantees and grantees with agreements valued at $5 million or more to report to the agency/department regarding their compliance with economic sanctions imposed by the U.S. government in response to Russia's actions in Ukraine, as well as sanctions imposed under state law, if any.
If the total value of this Agreement is valued at $5 million dollars or more, the Grantee or Grantee agrees to provide report on their compliance with these economic sanctions. This report will be submitted on the Grantee or Grantee's official letterhead and will identify the actions they have taken to ensure compliance with these sanctions, and that the Grantee of Grantee has verified that all of their sub-Grantees or sub-awardees, if any, are also in compliance with these economic sanctions.
THE REMAINDER OF THIS PAGE WAS INTENTIONALLY LEFT BLANK Exhibit 2 351
City of Bell Gardens
Agreement No.CV2311401
Exhibit E
1 of 12
ELIZABETH NAVA
6213 Plymouth Court Yorba Linda, CA - [email protected] - 562-480-4741 Cell Director of Recreation and Community Services, February 2022—Current City of Bell Gardens, California
■ Plan, organize and direct all aspects and programs of the Recreation and Community Services Department.
■ Develop and implement departmental policies and regulations. ■ Select, train, motivate, coach/mentor and evaluate department personnel. ■ Prepare, review and complete various reports including budget, city council commission and other reports relating to outside agencies. ■ Identify recreation and community service needs and necessary improvements in ongoing programs.
■ Develop comprehensive plans to address anticipated future departmental and community needs and policies ensuring compliance with rules, regulations, procedures and federal, state, county, and municipal laws. ■ Identify, seek, and obtain additional funding sources. ■ Prepare and administer departmental budget and administer contractual agreements with outside organizations.
■ Advise and provide assistance to the City Manager, City Council, City Commissions, other City personnel, and the public regarding Recreation and Community Services EXPERIENCE related issues.
Recreation —Acting Director/Recreation Superintendent, June 2018 — February 2022 City of Norwalk, California
■ Since June 2020, have served as Acting Director for the Recreation Department. ■ City-wide Leadership and Staff Development Program team. ■ Monitor Covid-19 mandates and update Department operations accordingly. ■ Overall administration and oversight of the Recreation and Park Services Department.
■ Manage the day to day operations of the Recreation Department including four divisions, 17 full time staff and between 80 and 150 part time staff. ■ Select, train and mentor all full time and part time staff, succession planning and staff discipline and development.
■ Prepare and present City Council Reports.
■ Seek, apply and monitor grants and capital projects. ■ Develop and implement goals, objectives, and department policies and establish priorities for all service delivery including programs, facilities and staffing needs. ■ Prepare, manage and analyze the Department's $4.8 million budget and implement adjustments as needed.
Human Resources — Senior Management Analyst, June, 2016—June, 2018 City of Norwalk, California
■ Responsible for employee and labor relations, recruitments, and managing worker's compensation and disciplinary issues.
■ Coordination and tracking of all City wide trainings. ■ Research, compile information and prepare agenda items and resolutions. ■ Coordinating City wide risk transfer matters.
■ Special projects, policy development and implementation. ■ Track all completed Strategic Action Plan items.
■ Assist with employee special events.
Exhibit 2 352
City of Bell Gardens
Agreement No.CV2311401
Exhibit E
Social Services - Senior Management Analyst, November, 2014—June, 2016 Page 2 of 12 City of Norwalk, California
■ Responsible for all daily operations, casework, special events and activities of the Social Services Center including overseeing and directing full time and part time staff, contract employees, interns and volunteers.
■ Prepared division budget, determined, monitored and made suggestions on all division expenditures.
■ Administered and oversaw contract and grant funded programs, directed and monitored work performed, and prepared grant and contract related proposals, reports and records.
■ Ensured successful implementation of all social services programs, case work and department activities as well as building and code compliance related issues. ■ Researched, compiled information, and prepared agenda items, resolutions and publications related to the administrative, fiscal and operational issues in the Department.
EXPERIENCE ■ Lead and participated in various committee activities and act as a staff liaison for outside agencies.
■ Coordinated activities and special events with other City departments, agencies, organizations and the community.
■ Provided highly responsible support to department management, other City personnel and the public.
Social Services - Recreation Supervisor, February, 2013— November, 2014 City of Norwalk, California
■ Responsible for all daily operations, special events and leisure activities of the Senior Center including overseeing and directing full time and part time staff, contract employees, interns and volunteers.
■ Prepared division budget, determined, monitored and made suggestions on all division expenditures.
■ Trained, evaluated, disciplined staff and handled personnel matters as needed. ■ Acted as a staff liaison for outside agencies.
■ Coordinated activities and special events with other City departments, agencies, organizations and the community.
■ Arranged for and scheduled facility use, transportation and appropriate activity supervision, and determined programs and services for older adults. Evaluated programs, made suggestions and implemented program upgrades and changes. ■ Prepared and reviewed news releases, flyers, and public brochures concerning recreation and leisure activities; prepares correspondence and presents staff reports.
MASTERS OF PUBLIC ADMINISTRATION, 2012
California State University Long Beach, Long Beach, CA
Cumulative GPA: 3.91
EDUCATION Future Urban Administrator Award
BACHELOR OF ARTS, SOCIOLOGY, 2006
University of Nebraska, Lincoln NE
Cumulative GPA: 3.88
■ Mount San Antonio College Athletic Hall of Fame 2024 ■ CSULB, Future Urban Administrator Award 2012
AWARDS ■ First Team Academic All American 2006
AND ■ First Team Academic All Big XII 2006
HONORS ■ First Team All Big XII 2006
■ Co-MVP Nebraska Softball 2006, Co-MVP of the South Coast Conference 2004 ■ Softball Student-Athlete of the Year 2005
■ Student-Athlete of the Year for Mount San Antonio College 2004 Exhibit 2 353
City of Bell Gardens
Agreement No.CV2311401
Exhibit E
PAU L CAMAC H 0
CHIEF OF POLICE
It is my mission to continue to train and learn to be an effective leader in order to provide the best leadership and supervision possible to the organization and its employees with experience, humility, and flexibility.
EDUCATION
Rancho Santiago College, Santa Ana, CA
Associate of Arts, 1996
University of California, Irvine, CA
Bachelor of Arts Degree
Major: Criminology, Law & Society, 1999
California State University, Long Beach, CA
Masters in Public Administration, (6 semester units)
PROFESSIONAL DEVELOPMENT
FBI-Law Enforcement Executive Development Association Certificate 2021 California State University, Dominguez Hills
Grant Writing and Administration Certificate 2016
Los Angeles Police Department
Leadership Program 2016
Sherman Block Supervisory Leadership Institute
Class#3612015
Los Angeles County Sheriff's Department
Deputy Leadership Institute Continuum #10 2011
California State University, Los Angeles
Certificate:The Edmund G. "Pat" Brown Institute of Public Affairs & Community Policing, 2009 Golden West College, Criminal Justice Training Center, Huntington Beach, CA POST Certificate: SWAT-Special Weapons and Tactics Certificate, 2013 Member of the California Association of Hostage Negotiators POST Certificates:
Senior Management Institute for Police Executives Course, 2022 Management Course, 2019
Supervisory Certificate, 2013
Exhibit 2 354
1 City of Bell Gardens
Agreement No.CV2311401
Exhibit E
Municipal Police Advanced Certificate, 2010
Field Training Officer Certificate, 2007
Municipal Police Intermediate Certificate, 2005
Municipal Police Basic Certificate, 2005
Specialized Law Enforcement Basic Certificate, 2001
County of Los Angeles Sheriff's Department, Whittier, CA POST Certificate: Basic Academy for Peace Officer, 2003 Golden West College, Criminal Justice Training Center, Huntington Beach, CA POST Certificate: Specialized Investigators' Basic Course,2001
KEY ACCOMPLISHMENTS AND AWARDS
• Direct, plan, organize and provide administrative direction and oversight for police services, security and law enforcement programs.
• Commander for the Special Operations Team — responsible for tactical operations, selection and training, and maintaining administrative and logistical records. • Project Manager—implemented the new Motorola CAD/RMS and ICI Radio systems for the Police Department.
• Grant writer for the Police Department—conducted research, draft and submitted proposals to assist the Police Department receive funding. • Responsible for the research and implementation of the Crossroads Traffic system. • Responsible for overseeing LA CLEAR's Fiduciary budget and management system. • Develop and oversee the Police Department's budget planning and processes.
COMMUNITY INVOLVEMENT/COLLABORATIONS/SKILLS
• Lead Advisor for the Bell Gardens Police Explorer Program, 2005-2017. • Liaison to citizen groups to identify public safety issues, and formulate/implement solutions to abate crimes affecting the community. In addition, completed numerous COP & POP projects.
• Successfully negotiated and managed contracts &grants. • Prepared and submitted staff reports and electronic presentations to City Council. • Developed and implemented new and effective administrative and risk management procedures.
• Created a higher education component for the Explorer program. • Coordinated and collaborated with business owners on an underage drinking campaign under the CA. Department of Alcoholic Beverage Control grant. • Provided guidance for a successful POST audit.
• Managed and organized the Police Department's COVID-19 contingency plan. • Currently, overseeing the day-to-day operations of the Police Department.
Exhibit 2 355
2 City of Bell Gardens
Agreement No.CV2311401
Exhibit E
GUSTAVO J. ROMO
Cell Phone: 909.255.4017
Email: gusromo9g-mail.com
PROFILE
Deputy City Manager/Community Development Director with over 30 years of civic experience working for jurisdictions throughout Southern California;Excels in team building with a management style that encourages staff to set achievable goals for self-improvement and growth.
EDUCATION
Master of Business Administration
University of Redlands, Redlands CA: February 1996 - August 1999 Bachelor of Science,Urban & Regional Planning
California State Polytechnic University,Pomona CA: August 1988 -June 1993
WORK EXPERIENCE
Over 30 years of civic experience working for jurisdictions in Southern California; in charge of 7 to 25 staff members since 2007 as a Community Development Director for the following 5 cities on a full-time basis:
Deputy City Manager/Community Development Director, City of Bell Gardens, CA(Sep 2019-present) Supervises Economic Development,Planning,Building&Safety,Housing,Code Enforcement,Business License,and the Community Development Block Grant Program;serves in the role of the City Manager during the absence of the City Manager.
Community Development Director, City of Bell, CA(June 2018-Sep 2019) Supervised Economic Development,Planning,Building&Safety,Housing,Code Enforcement,and the Community Development Block Grant Program;served as Acting City Manager at the request of the City Manager, as necessary.
Community Development Director, City of Baldwin Park, CA(July 2017-June 2018) Supervised Economic Development, Planning, Building & Safety, Housing, and the Community Development Block Grant Program.
Community Development Director, City of Irwindale, CA(July 2013-July 2017) Supervised Economic Development, Planning, Building & Safety, Code Enforcement, and the Community Development Block Grant Program.
Community Development Director (Contract,Willdan), City of Calimesa, CA(Sep 2007-Sep 2012) Supervised Economic Development, Planning, Building & Safety, Code Enforcement, and the Community Development Block Grant Program.
Planning Manager (Contract, Civic Solutions), City of Irvine, CA(July 2005-Sep 2007) Supervised the contract planning division staff,managed all plan checks for land use entitlement projects and processing of complex projects, including various master planned developments such as Portola Springs (300+acres, 2000+units) and the development of the Great Park.
Exhibit 2 356
City of Bell Gardens
Agreement No.CV2311401
GUSTAVO I ROMO Page 6 oflt12
PUBLIC ADMINISTRATION RELEVANT SKILLSET
Public Relations and Contract Negotiations
Budget Preparation and Administration
Human Resources Management and Law (Management of 5-30+Employees and Contractors) Planning and Zoning Law
Subdivision Map Act
California Environmental Quality Act
Redevelopment Law and Dissolution Administration
Purchase and Sale Agreements
Dissolution and Development Agreements
Bilingual—Fluent in Spanish(Written and Verbal)
INFORMATION TECHNOLOGY SKILLSET
Proficient in PowerPoint, Word, Excel, and Publisher
Experience in website creation,updates, and all social media outlets Experience with various permit tracking software,including Tyler and Sierra Experience with GIS and CAD software
OTHER WORK EXPERIENCE
City Planning and Environmental Consultant:
➢ Principal Planner(RPG), County of San Bernardino, CA (Sep 2012-July 2013) ➢ Project Manager(RPG), City of Glendora, CA (Jan 2012-2013) ➢ Principal Planner(RPG), City of Covina, CA (Dec 2004-2007; 2012-2013) ➢ Senior Planner(Willdan), City of Upland, CA (July 2003-Sep 2005) ➢ Planning Consultant(RPG), City of Pasadena, CA (Sep 2002-Sep 2007) ➢ Senior Planner(Willdan& RPG), City of Bell Gardens, CA (2002-2005) ➢ Associate Planner(Willdan), City of Rancho Palos Verdes, CA (May 2001-Sep 2002) Associate Planner, City of Azusa, CA (Aug 1998-Dec 2000) Associate Planner, City of Santa Monica, CA (Feb-Aug 1998) Assistant Planner, City of San Bernardino, CA (Nov 1995-Feb 1998) Planning Technician, City of Azusa, CA (May 1994-Nov 1995) Planning & Scheduling Technician, Foothill Transit(Sep 1992-May 1994) Planning Intern, City of West Covina, CA (Nov 1990-Aug 1991) Exhibit 2 909.255.4017.Email: �4uAL9L&gmail.com Page 2 of 3
City of Bell Gardens
Agreement No.CV2311401
GUSTAVO J. ROMO Page 7 oflt12
ECONOMIC DEVELOPMENT&PROJECT MANAGEMENT EXPERIENCE
Experience with current planning projects has included commercial shopping center development and renovation, senior and affordable housing development,residential and non-residential subdivisions,and industrial office park development. Examples include:
➢ City of Bell Gardens Surplus Land Act Coordination/Purchase and Sale Agreements ➢ City of Bell Gardens Small Business Grant Administration (CDBG-CV Funds) ➢ City of Bell Gardens $8M Cal Home Grant Coordination ➢ City of Bell Gardens Rent Stabilization and Tenant Eviction Protections Ordinance ➢ City of Bell Gardens Rental Assistance (2 Programs: CDBG-CV Funds and PLHA Funds) ➢ City of Bell Pritchard Park Development RFP &Development Agreement Coordination ➢ City of Bell Veterans Transitional Housing Development and Homeless Shelter Expansion ➢ City of Irwindale Regional Outlet Shopping Center
➢ City of Covina Citrus Walk Mixed-use Development(The Olson Company) ➢ City of Covina IKEA Prototype Furniture Store Development ➢ County of San Bernardino Industrial Development Projects (Prologis, Amazon, etc.) Experience with advanced planning projects has included General Plan updates,drafting and implementation of municipal ordinances, comprehensive zoning code updates, and preparation and review of specific plans.
Examples include:
➢ City of Bell Gardens Housing Element Update
➢ City of Bell Gardens Zoning Code Update
➢ City of Baldwin Park Downtown TOD Specific Plan Administration& Implementation ➢ City of Baldwin Park Accessory Dwelling Unit Ordinance ➢ City of Irwindale Zoning Code Update
➢ City of Irwindale Metro grant: $460,000 for Transit Oriented Development Specific Plan ➢ City of Covina Administrative Citation Ordinance
➢ City of Calimesa General Plan Update
➢ City of Calimesa Administrative Citation Ordinance
➢ City of Calimesa Neighborhood Compatibility Ordinance ➢ City of Calimesa Inclusionary Housing Ordinance
Exhibit 2 909.255.4017.Email: �4 rb1q4o9L&gmail.com Page 3 of 3
City of Bell Gardens
Agreement No.CV2311401
Bernardo (Bernie) Iniguez Exhibit E
8327 Garfield Avenue Page 8 of 12
Bell Gardens, CA 90201
(562) 806-7770
[email protected]
Experience
City of Bell Gardens 7100 Garfield Avenue, Bell Gardens, CA 90201 (562) 806-7700 Director of Public Works/Facilities May 2023 to Present • Manage construction of facility and street CIP projects,including $31M John Anson Ford Park Regional Aquatics Center Improvements, $21.5M John Anson Ford Park Infiltration Cistern Project, $6.5M Soil Remediation Project at Former Berk Oil Site, $IM Various Residential Street Improvements, $900K Veterans Park Yard Stormwater Improvements, $800K Various Alley Improvements, $600K Asmus Park and Hannon Park Playground Improvements, and$200K Slurry Seal Improvements. • Prepare and manage Public Works Department operating and capital improvement project budgets. • Plan, organize, manage and direct Municipal Engineering Services, Municipal Water System operations, Street Maintenance operations, Facilities and Parks Maintenance operations, Transportation Services operations, and Public Works Administration Services operations. • Direct the design of systems and facilities; oversee construction activities; ensure contract compliance; and approve completed plans.
• Establish and implement Public Works Department policies and procedures. • Prepare grant applications and manage grant projects. • Oversee evaluation of performance of Public Works Department personnel; implement Public Works Department training program; and manage recruitment of new employees. • Represent the City at local and regional functions and bodies of government,including the Gateway Water Management Authority, Gateway Region Technical Advisory Committees, Lower Los Angeles River Watershed Area Steering Committee, and LA Metro Local Transit Systems Subcommittee. • Prepare agenda items for the Traffic and Safety Commission and serve as lead staff member for the Commission meetings.
City ofBel flower 16600 Civic Center Drive, Bellflower, CA 90706 (562) 804-1424 Public Works Manager July 2015 to May 2023
Environmental Services Manager January 2010 to June 2015 Management Analyst II January 2007 to December 2009 Management Analyst I January 2005 to December 2006 Management Assistant January 2003 to December 2004 Administrative Assistant December 2000 to December 2002 • Managed construction of facility CIP projects,including $18M Simms Park Stormwater Capture Project, $13M Caruthers Park Stormwater Capture Project, $10M Youth and Senior Center Project, $5M Bellflower Aquatic Center Improvements, $2M Public Works Yard Office Renovation, $1 M Butterfly Garden Park Project, $1 M Constitution Park and Thompson Park Improvements. • Managed the Environmental Services, Street Maintenance and Facilities Maintenance Divisions. • Managed all environmental programs including: NPDES/Stormwater Compliance, Solid Waste and Recycling(AB939/AB 1826/SB1383),Used Oil Recycling, Construction & Demolition Waste Management Plans, Street Sweeping, SCAQMD and CARB Rule Compliance. • Prepared grant applications and managed grant projects,including successful completion of 16-acre Riverview Park with $3M in Prop 12 (Natural Resources) and Prop 40 (RMC)grant funds, and successful construction of Citywide Bus Shelter improvements with $2M in FTA grant funds. • Managed Public Works contracts,including Solid Waste Franchise Agreement. • Managed public and nonpublic utility oil pipeline franchises. • Prepared and managed Public Works Department operating and capital improvement project budgets. • Served as Acting Public Works Director in absence of Assistant City Manager/Public Works Director.
Exhibit 2• Assisted Finance Department with preparation and5abmittal of various grant reimbursement requests.
City of Bell Gardens
• Served under Community Development Department issuing building permits,performing zoniAiWeement No.Cv2311401 clearances,processing business license applications,receipting parking citations,routing building plans Exhibit E for plan check, and performing Spanish translation. Page 9 of 12 • Processed applications for First-Time Homebuyer Program under Housing & Grants Division.
USC Department of Public Safety University Park, Los Angeles, CA 90089 (213) 740-9936 Student Officer Supervisor October 1997 to December 2000 • Supervised over 100 student law enforcement officers. • Enforced university rules,regulations, and parking code. • Interviewed,hired,trained, and evaluated new student officers.
USC Naval Reserve Officer Training Corps University Park, Los Angeles, CA 90089 (213) 740-2663 Midshipman August 1995 to May 1996
• Assisted Gunnery Sergeant with armed drill and training of new midshipmen.
Regional Appointments and Professional Associations
• Board Member—Gateway Water Management Authority
• Member- American Public Works Association
• Member- American Water Works Association
• Member- Municipal Management Association of Southern California • Steering Committee Member—Lower San Gabriel River Watershed Area Steering Committee • Co-Chairperson—Los Cerritos Channel Watershed Management Group Education
California State University Long Beach Graduate Center for Public Policy and Administration Master of Public Administration Completed May 2023 • Pi Alpha Alpha Honor Society
University of Southern California School of Policy, Planning, and Development Bachelor of Science in Public Policy, Management and Planning Completed December 2000 • Dean's list
• Course work: Civil Engineering Graphics; Local Economic Development; Quantitative Methods for Planning and Development; Property Rights, Governance, and the Environment Professional References
Michael J. Egan, City Manager (Retired)
Tripepi Smith and Associates, 15642 San Canyon Avenue 9525212, Irvine, CA 92619 (714) 323-1753
mjegan582att.net
Jeffrey L. Stewart, City Manager (Retired)
Willdan, 2401 E. Katella Avenue, Suite 300, Anaheim, CA 92806 (310) 877-0052
Hannah Shin-Heydorn, City Manager
City of Stanton, 7800 Katella Avenue Stanton, CA 90680
(714) 890-4277
HShinHeydorngStantonCA.gov
Len Gorecki, Assistant City Manager/Director of Public Works City of Bellflower, 16600 Civic Center Drive, Bellflower, CA 90706 (562) 804-1424, ext. 2217
Exhibitl orecki anbellflower.org 360
City of Bell Gardens
Agreement No.CV2311401
Exhibit E
HARES H. SOTO Page 10 of 12
7730 Stewart and Gray Road
Downey, CA 90241
Mobile: (323) 326-8156
Email: [email protected]
Education
California State University, Long Beach- Long Beach, CA Major: Master of Public Administration
Certificate: Public Sector Employer-Employee Relations and Personnel Management Master's Degree Awarded May 2018
University of California, San Diego- La Jolla, CA
Major: Urban Studies and Planning
Bachelor of Arts Degree Awarded June 2004
South Gate High School-South Gate, CA
Diploma Awarded June 1999
Skills
Bilingual: English/Spanish
Desktop publishing
General office skills
Type 70 wpm
Windows Operating System
Computer: ArcView (GIS), Microsoft Office (Word, PowerPoint, Excel, Access, Publisher, Outlook), Adobe Photoshop, HdL GIS
Membership
American Planning Association (2006- present)
Kiwanis International- Board Member of the South Gate Kiwanis Club (2020- present) Toastmasters International- President of the Bell Gardens Toastmasters Club (2021 - present) Work Experience
Senior Mainageirnein-ll ilnal s-ll/ ssis-llain-ll-Ilo 111he 011-y Manager( / 1 - 1presein-ll) City of Bell Gardens-City Manager's Office
7100 Garfield Ave, Bell Gardens, CA 90201
Supervisor: Michael B. O'Kelly, City Manager, (562) 806-7700 ext. 7702 Oversee day-to-day IT services including technical support/helpdesk for users, equipment purchases and installation, software application licensing and installation, and network/server/firewall management. Oversee the City's VoIP telephone system and copiers. Manage the City's website with daily updates. Manage City's social media accounts (Facebook, Instagram and Twitter). Designed graphics and infographics for social media and flyers. Created live social media coverage on Facebook, YouTube and website during key high-profile events. Assisted in building an ever-growing social media presence. Oversee the City's FEMA reimbursement during the COVID-19 pandemic. Research and write staff reports for City Council meetings.
Develop, circulate and evaluate Request for Proposals for Public Outreach Consultants pertaining to a local transaction and use tax ballot measure for an upcoming election, Police Department Efficiency Study, Grant Writing/Administration and Program Management Services Consultant. Oversaw the City's 2020 Census public outreach campaign including the City's Ad Hoc Committee with local stakeholders. Oversee the City's Area E Disaster Management. Assisted with the production of a community stakeholder priorities online survey. Prepare yearly budget for IT services.
Exhibit 2 361
City of Bell Gardens
Agreement No.CV2311401
Exhibit E
ss cia-lle IPlainilner( 8/2 '7 9/2 19)
City of Bell Gardens-Community Development Department
7100 Garfield Ave, Bell Gardens, CA 90201
Supervisor: Carmen Morales, City Planner, (562) 806-7700 ext. 7723 Staff the Planning counter,•respond to public inquiries; assisted in the revision of the zoning code;prepared departmental reports;research and processing of zoning code violations;review and approve Business License Zoning Compliance applications; review proposed residential, industrial, and commercial plans;present C.U.P., S.P.R. etc. to the Planning Commission;review and approve sign programs for new commercial centers; established moratoriums for medical marijuana dispensaries and massage practitioners and establishments; established the new FEMA Flood Maps;processed and managed the Mitigated Negative Declaration and entitlements for the Bicycle Casino Hotel Expansion; assisted with the adoption of the 2008-2013 and 2013-2021 General Plan Housing Element Updates; analyzed and issued recommendations for Planning and Business License fee schedules; assist with the yearly Planning Division budget
ssis-llaun-ll IPlainilner( 2/ 6 8/2 '7)
City of Bell Gardens-Community Development Department
7100 Garfield Ave, Bell Gardens, CA 90201
Supervisor: Carmen Morales, City Planner, (562) 806-7700 ext. 7723 Staff the Planning counter,•respond to public inquiries;prepared departmental reports; research and processing of zoning code violations;review and approve Business License Zoning Compliance applications;review proposed residential, industrial, and commercial plans;present C.U.P., S.P.R. etc. to the Planning Commission; obtained the Metro Call for Projects grant for the Citywide Way finding signs C irununnuuni-ll Il evel lµ irhnein-ll/ IPlainilniung Illun-II-eirun ( / . 2/ 6) City of Bell Gardens-Community Development Department
7100 Garfield Ave, Bell Gardens, CA 90201
Supervisor: Carmen Morales, City Planner, (562) 806-7700 ext. 723 Staff the Planning counter,•responding to public inquiries;prepared departmental reports; research and processing of zoning ordinance violations; assisted with the Business License Zoning Compliance field inspections; assisted with final project inspections; assisted with the revision and adoption of the 3rd Cycle Housing Element, assisted with the review of proposed residential and commercial plans diruniunis-llmallive Illun-II-eirun (1 / . / 6)
City of Paramount- Public Safety Department
15001 Paramount Blvd #C, Paramount, CA 90723
Supervisor: Mike Carrillo, Community Liaison, (562) 220-2002 ext. 2057 Assist with the Good Neighbor Program (property management training seminar); perform research and analysis on assigned projects; compile statistics and reports on criminal activity; interpreting city ordinances, policies, and procedures;prepare correspondence; conduct neighborhood surveys; assist with weekly Public Safety Commission reports (traffic citation statistics, loud party incidents, police follow-ups); assist with Public Safety budget reviews
llun-II-eirun (11/ . 8/ )
KNK Seminars and Strategies
6333 La Jolla Blvd #376, La Jolla, CA 92037
Supervisor: Kristine N. Kneib, Ph.D., President, (858) 459-8058 Exhibit 2 362
City of Bell Gardens
Agreement No.CV2311401
Exhibit E
Creating PowerPoint presentations; database management, customer interface marketing; marketing mail distribution; graphic arts design; desktop publishing Commission Experience
Couin-11-y of II„os Angles Cillizeilns Redis-llmic-lllung Coirnunnissiouneir(12/2 2 - 1pireseiln-ll) Inaugural and Independent County of Los Angeles Citizens Redistricting Commission (LA County CRC) passed resolutions to adopt the final redistricting plan which established the new boundaries of the five single-member supervisorial districts for the Los Angeles County Board of Supervisors.
References
Mir. Michael III. C"Kell 011- a nager
City of Bell Gardens
7100 Garfield Avenue
Bell Gardens, CA 90201
(562) 806-7702
[email protected]
s. Carmen IlH. Morales .Cilly IPlainilneir
City of Bell Gardens
7100 Garfield Avenue
Bell Gardens, CA 90201
(562) 806-7723
[email protected]
Mir. Abel Avalos . Direc-llor of Coirnunnuunill Develolµ irneiln-ll City of Lakewood
5050 Clark Avenue
Lakewood, CA 90712
(562) 866-9771
Mir. Aldo Schindler Direc-llor of Coirnunnuuni-ll Develolµ irneiln-ll City of Downey
1 1 1 1 1 Brookshire Avenue
Downey, CA 90241
(562) 904-7168
Exhibit 2 363
CITY OF BELL GARDENS
OFFICE OF THE CITY MANAGER
f b .
AGENDAREPORT
Item 13.
TO: Honorable Mayor and City Council Members
FROM: Michael O'Kelly, City Manager
BY: Daisy Gomez, City Clerk
SUBJECT: LOCAL COMMISSIONS APPOINTMENT LIST
DATE: April 8, 2024
RECOMMENDATION:
It is staff's recommendation that the City Council review the Commissions Appointments List and by motion, remove commissioners and/or make appointments to the posted vacancies.
BACKGROUND/DISCUSSION:
The Local Appointments List includes all Bell Gardens Commissions and Commissioners. The City Council adopted Ordinance No. 825 on July 13, 2009 establishing minimum requirements for service on commissions. All Commissioners must reside within the City of Bell Gardens and may only serve on one Commission at a time. Once appointed, each Commissioner must adhere to the requirements of the City's Conflict of Interest Code and state- mandated AB 1234 ethics training and AB 1661 harassment training.
Ordinance No. 825 allows each Council Member to remove or appoint one candidate per Commission, subject to the approval of the Council majority. Appointed Commission Members serve terms that coincide with the term of the Council Member who made the appointment.
CONCLUSION:
After an appointment is made, Commission members will receive their Oath of Office before beginning service with their respective Commission at the next regularly scheduled Commission meeting. The City Clerk's Office will arrange for the proper filing of Conflict of Interest Code forms and schedule trainings for AB 1234 and AB 1661.
FISCAL IMPACT:
No fiscal impact.
ATTACHMENTS:
Exhibit 1 - Notice of Vacancies
APPROVED ELECTRONICALLY BY:
Michael B. O'Kelly, City Manager
Stephanie Vasquez, City Attorney and/or Susie Altamirano, Assistant City Attorney Manuel Carrillo, Director of Finance and Administrative Services 364
�r
City of Bell Gardens
b, tP NOTICE OF COMMISSION
VACANCIES
e;
The City Council is seeking applications for the following vacancies- NAME
APPOINTEDNOTICE APPOINTMENT DATE
POSTED
EDUCATION COMMISSION
Victoria Mirembre Gomez 11/13/2023
Jeanette Beltran Pulido 12/11/2023
VACANT Sanchez 8/30/2023
Kristina Paulo Barcena 1/09/2023
Miguel Flores Chavez 3/22/2021
PLANNING COMMISSION
Gustavo Mendez Gomez 8/28/2023
Andrew Leon Pulido 11/13/2023
Oscar Boado Sanchez 9/11/2023
VACANT Barcena 3/12/2024
Miguel De La Rosa Chavez 1/11/2021
RECREATION, CULTURAL AND YOUTH COMMISSION
Katelynn Cabrera Gomez 10/23/2023
Cindy Alvarado Pulido 2/27/2023
Cecilia Diaz-Jimenez Sanchez 1/23/2023 Isabel Duron Barcena 1/09/2023
Erika Cabrera Chavez 3/11/2024
SENIOR CITIZEN COMMISSION
Monica Kakimoto Gomez 1/22/2024
Ernesto Ramirez Pulido 12/11/2023
Stephanie Perez Sanchez 1/23/2023
Ana M. Sanchez Flores Barcena 1/09/2023
VACANT Chavez 3/12/2024
TRAFFIC AND SAFETY COMMISSION
Raul Velasco Gomez 10/09/2023
Jayson Gavilanes Pulido 1/11/2021
Hugo Alvarado Sanchez 1/09/2023
David Heredia Barcena 1/09/2023
Carlos Jose Barrera Chavez 1/11/2021
Applicants must be residents of the City. No person previously convicted of a felony in this state or elsewhere shall be permitted to serve on any City Commission. Before assuming the duties of a commissioner, each person appointed shall take and file with the City Clerk the same constitutional oath of office required of members of the city council. Any member of a commission shall be deemed to have resigned from the commission, and his or her office as a member of the commission shall automatically vacated, in the event, the member ceases to be a resident of the City or is convicted of a felony. (Bell Gardens Municipal Code Sections 2.68.030, 2.28.030, 2.22.030, 2.35.030) Applications may be obtained from the City Clerk's Office: 7100 Garfield Ave, Bell Gardens, CA 90201.
Applications will be accepted in the City Clerk's Office on a continuous basis until an appointment is made.
Please call the City Clerk's Office at (562) 806-7705 for more information. ��
Daisy Gomez
City Clerk
Updated: 3/12/2024
Exhibit 1 365
CITY OF BELL GARDENS
OFFICE OF THE CITY MANAGER
f b .
AGENDAREPORT
Item 14.
TO: Honorable Mayor and City Council Members
FROM: Michael B. O'Kelly, City Manager
BY: Rigo Barrios, Lieutenant
SUBJECT: CONSIDER REQUEST TO RENEW VEHICLE TOWING AND STORAGE SERVICES
AGREEMENT
DATE: April 8, 2024
RECOMMENDATION:
Staff is seeking direction from the City Council to:
1. Approve the request for a five year extension to the current agreement, or
2. Deny the request for a five year extension to the current agreement and direct staff to issue a Request for Proposal (RF P)for towing and storage services.
BACKGROUND/DISCUSSION:
On July 11, 2019, a notice for a Request for Proposal (RFP) for a Non-Exclusive Franchise Agreement for towing and storage services was released. Four (4) companies responded to the RFP and submitted proposals to the City Clerk's Office. The City entered into a five-year agreement with Mr. C's Towing on October 14, 2019.
Per Section 2(D) of the current Agreement, the City Council may consider a request from Mr. C's Towing to renew the Agreement for an additional 5 years. I n order for this renewal to be considered, Mr. C's Towing must file with the City, a written request for consideration of an extension, at least 120 days prior to the expiration of the existing Agreement. The City Council however, has the option to approve or deny the request to extend the Agreement for an additional 5 years.
Mr. C's Towing complied with Section 2(D) of the existing Agreement and filed a written request for extension on March 30, 2024, which is attached to this Staff Report as Exhibit 1.
During the course of the term, the City has been pleased with the level of service and professionalism provided by Mr. C's Towing. Mr. C's Towing has met and exceeded the needs and requirements of the City. Mr. C's Towing has recently acquired a new property in the city of Huntington Park which has provided additional storage for vehicles.
Response times are above average as well.
CONCLUSION:
I n October 14, 2019 Mr. C's Towing was awarded a contract agreement with the City after going through the request for proposal process. The term of the current Agreement is for five (5) years. Pursuant to Section 2(D) of the existing Agreement, Mr. C's Towing has requested a five (5) year extension in writing to the City. Staff is seeking direction to approve the extension request or deny the extension request and initiate the RF P process for towing and storage services.
366
FISCAL IMPACT:
At this time there is no fiscal impact to report.
ATTACHMENTS:
Exhibit 1 - Extension Letter from Mr. C's
Exhibit 2 - Existing Agreement with Mr. C's Towing
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 367
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u�Vu� plVu"'�� %A111 Illpl�t�uo��o„Dunn°' "' um�pol���t� March 30, 2024
City of Bell Gardens
7100 Garfield Ave
Bell Gardens , CA 90201
Dear: City Council and Staff
I hope this letter finds you well. As our contract for this year draws to a close, I would like to take this opportunity to extend my sincerest gratitude to you and the City of Bell Gardens for yet another successful year of collaboration.
With the expiration of our current contract imminent, I am writing to express our keen interest in the possibility of extending our agreement for an additional five years, in accordance with the terms outlined in page 2, section 1, clause D of our existing agreement.
Over the course of the past five years, Mr. C's has been privileged to serve the Bell Gardens Police Department and actively engage in various community initiatives. We take immense pride in our contributions towards enhancing the well-being of the community we serve. The partnership with the Bell Gardens Police Department has been instrumental in achieving these goals, and we are genuinely appreciative of the opportunity to make a positive impact.
Your thoughtful consideration of our request to extend the contract will be sincerely appreciated.
Should you have any queries or require further clarification regarding our proposal, please do not hesitate to reach out to me directly at(323) 680-1644.
Sincerely,
Adan Loya
Director of Business Development
Exhibit 1 368
TOWING SERVICES
NON-EXCLUSIVE FRANCHISE AGREEMENT
FOR
VEHICLE TOWING AND STORAGE SERVICES
BETWEEN
THE CITY OF BELL GARDENS
AND
MR. C's TOWING OF SOUTH GATE, INC.
DATED OCTOBER 14, 2019
Exhibit 2 369
FRANCHISE AGREEMENT FOR
VEHICLE TOWING AND STORAGE SERVICES
THIS FRANCHISE AGREEMENT FOR VEHICLE TOWING AND SECURE STORAGE SERVICES (THE "AGREEMENT") IS MADE AND ENTERED INTO THIS 14TH DAY OF OCTOBER, 2019, BY AND BETWEEN THE CITY OF BELL GARDENS, A CITY CORPORATION ("CITY"), AND MR. C's TOWING OF SOUTH GATE, INC. ("FRANCHISEE").
SECTION 1. GRANT OF FRANCHISE
A. Purpose.
City regularly requires motor vehicle towing and storage services, including the removal of abandoned, stolen and damaged vehicles, occasional towing and storage of City owned vehicles and special security for vehicles held for the investigation of crimes, pursuant to various provisions of the California Vehicle and other Codes.
This Agreement is intended to provide for the operation and administration of the Towing Program, and is in the vital interest of the City and is necessary for the health and welfare of its citizens
B. Binding Agreement.
In consideration of the mutual promises contained herein, the City of Bell Gardens having its principal place of business at 7100 S. Garfield Avenue, Bell Gardens, CA 90201 ("City") and Mr. C's Towing of South Gate, Inc. having its principal place of business at 4421 Mason Street, South Gate, CA 90280 ("Franchisee") enter into this Franchise Agreement ("Agreement") and each party agrees to be bound by and comply with all of the requirements of this Agreement.
C. Grant of Non-Exclusive Franchise; Exclusions.
This Agreement grants to Franchisee a non-exclusive Tow Service Franchise, which entitles Franchisee to the right and privilege to provide towing services to the City.
Franchisee shall furnish all personnel, equipment and supplies necessary to provide the towing services required by this Agreement and by the Request for Proposals.
City reservices the right to enter into Tow Service Franchise Agreements with other entities for additional towing services at the sole and absolute discretion of the City.
Exhibit 2 370
SECTION 2. AWARD OF AGREEMENT
A. Award.
City hereby awards Franchisee the non-exclusive right to provide Towing Services, pursuant to the terms set forth in this Agreement and any and all applicable provisions of the Bell Gardens Municipal Code (the "BGMC"). Franchisee shall have, throughout the term of this Agreement, the non-exclusive right to provide Towing Services to City within the corporate boundaries of City as the same now exist, and within any territory City hereafter annexes during such term, except to the extent that Towing Services within such annexed territory would be unlawful or violate the legal rights of another person.
Franchise warrants that it will comply with all applicable federal, state and local laws and regulations, as they, from time to time, may be amended, specifically including, but not limited to all requirements of the California Vehicle Code, all requirements of the California Highway Patrol Tow Service Agreement and attachments, and all other applicable laws and regulations of the State of California, the County of Los Angeles, ordinances of the City of Bell Gardens and the requirements of Local Enforcement Agencies and other agencies with jurisdictions.
B. Effective Date.
This Agreement shall be effective on the date that both parties have executed this Agreement, provided that said date is no later than thirty (30)days after the date the City Council, by resolution, approves this Agreement. This Agreement is further contingent upon the filing by Franchisee with the City Clerk of the fully executed Agreement.
C. Term.
The term of this Agreement shall commence October 14, 2019 ("Commencement Date"), and shall continue thereafter for five(5)consecutive years. This Agreement shall expire and terminate at 11:59 p.m. on October 14, 2024, unless this Agreement has been renewed for a subsequent term as provided for in Section 2D of this Agreement or earlier terminated as provided in Section 2E herein.
D. Renewal Term.
Commencing with the date of execution of this Agreement, City Council may consider a request from the Franchisee to renew this Agreement for an additional five(5) year term. The extension of the term, if exercised by the City Council, is subject to the following:
(i) Franchisee must file with City, at least one-hundred twenty(120)days prior to the expiration of the then current term, a written request for extension citing this provision; and
Exhibit 2 371
(ii) The City Council, in the reasonable exercise of its discretion, may approve or deny Franchisee's request upon consideration of Franchisee's past conduct under this Agreement and the applicable provisions of the BGMC. Notwithstanding the foregoing, this Agreement shall remain subject to suspension and/or termination during any renewal term pursuant to the provisions set forth in Section 2E herein.
E. Suspension and Termination of Agreement.
This Agreement may be suspended and/or terminated by the parties before the expiration of the the current term only as follows:
(i) Termination without Cause.
Either party may terminate the Franchise Agreement at any time, without cause, upon 30 days' written notice to the other party. Upon receipt of the notice of termination, the provider must immediately cease all work or services except as may be specifically approved by the City. Provider will be entitled to compensation for all services rendered prior to the effectiveness of the notice of termination and for additional services specifically authorized by the City. The City will be entitled to reimbursement for any expenses that have been paid for but not rendered.
(ii) Termination for Cause.
In the event Franchisee, or any of its officers, directors, shareholders, employees, agents, subsidiaries, or affiliates is convicted:
(a) of a criminal offense as an incident to obtaining or attempting to obtain a public or private contract or subcontract, or in the performance of a contract or subcontract;
(b) under state or federal statutes of embezzlement, theft, forgery, bribery, falsification or destruction of records, receiving stolen property, or any other offense indicating a lack of business integrity or business honesty which currently, seriously, and directly affects responsibility as a public consultant or contractor; (c) under state or federal antitrust statutes arising out of the submission of bids or proposals; or
(d) of violation of the conflict of interest provision of this Agreement, or for any other cause the City determines to be so serious and compelling as to affect Franchisee's responsibility as a public contractor, including but not limited to, disbarment by another governmental agency, then the City reserves the unilateral right to terminate this Agreement upon providing Franchisee with ten (10) days' written notice of termination, or to impose such other sanctions (which may include financial sanctions, temporary suspensions, or any other condition deemed appropriate short of termination) as it deems proper. In the event that the City terminates the Agreement for cause, Franchisee shall be entitled to the hearing and appeal rights applicable to disciplinary Exhibit 2 372
procedures above. However, termination for cause pursuant to this paragraph shall be effective upon expiration of the ten (10) days' notification period set forth above.
Notwithstanding the foregoing, City may not exercise its rights pursuant to this paragraph unless and until City provides Franchisee written notice of such default in accordance with the procedures set forth in Section 4H herein, and Franchisee fails to cure such default within thirty(30) days of receipt of said notice.
F. Conflicts.
All provisions of the BGMC applicable to the performance of this Agreement are hereby incorporated by reference as though set forth in full, and form part of the terms and conditions of this Agreement. In the event any conflict arises between the terms and conditions of this Agreement and the provisions of the BGMC,the terms of this Agreement shall prevail.
Should the BGMC be amended, revised, superseded, or otherwise changed after the effective date of this Agreement, in a manner that would materially affect the terms and conditions of this Agreement, said amendment, revision or change shall not apply to this Agreement without Franchisee's written consent.
SECTION 3. GENERAL CONDITIONS OF FRANCHISE.
The Franchisee shall conduct business in an ethical, lawful and orderly manner so as to maintain the confidence of the community. While Franchisee is an independent contractor, each contact it has with the public may reflect upon the City. For that reason, and the inherent potential for conflict in vehicle removal and storage, Franchisee and its employees must maintain a fair, impartial, and reasonable attitude, and perform its duties in a courteous manner. Statements and actions of the Franchisee and its employees must be the result of considered judgment and absent of personal opinion or bias.
The Franchisee, when notified by the Chief of Police or his or her designee of any complaint of discourtesy by the Franchisee's employee(s), shall investigate and respond in writing to the Chief of Police or his or her designee within ten (10) calendar days of receipt of notification of the complaint. Franchisee's response shall include the results of its investigation and, if the complaint is found to be true, what measures the Franchisee took to address said complaint and prevent future complaints on the same issue.
Franchisee shall comply with all of the following conditions:
A. Maintain a sign listing the rates and charges of all towing and storage services offered. Such sign shall be conspicuously placed in the office or other places where customer financial transactions take place.
B. Have no more than two (2)telephone numbers fisted with the Police Department.
Exhibit 2 373
C. Use business-brand two-way radios and shall not use a short-waive police scanner or CB radio to answer police calls.
D. Affix temporary markings on the windshield of all cars ordered impounded by the Police Department. In addition an operator may post a tag on the windshield of the car.
E. Not release any vehicle in its possession for which a storage form was completed until all State and City requirements are met. This does not apply to vehicles legally obtained through lien sale or for which ownership is transferred to the Franchisee for payment of towing and storage fees.
F. Furnish each owner of an automobile impounded by the tow truck operator with a fully itemized billing.
G. Implement a written policy for lien fees, whereby a lien cannot be placed upon a vehicle until after 72 hours of impoundment in accordance with State law. The policy shall comply with all requirements of California Vehicle Code, §§ 22581 through 22851.12, or their successor provisions and shall be posted with the sign lusting the tow rates.
H. Have a schedule of rates available upon demand in all vehicles at all times.
I. Not charges rates in excess of the Resolution describing the rate schedule approved by the City Council, attached hereto as Exhibit "A". Requests for a rate increase shall be made in writing to the Chief of Police, if desired, once in any given twelve (12) month period beginning on the anniversary date of this Agreement.
J. Should there be any dispute between the Franchisee and owner of the vehicle over charges made for services rendered under the Franchise Agreement, such dispute shall be decided by the BGPD Chief of Police or his or her designee and the Franchisee shall make no demands upon the owner of the vehicle for a sum in excess of the amount determined to be reasonable by the Chief of Police or his or her designee. The Chief of Police or his or her designee may hold an administrative hearing if any party to the dispute so requests.
K. Neither the City nor the BGPD shall be responsible to the Franchisee for payment of towing, removal, or storage charges. The Franchisee shall look to the owner of the vehicle for payment of applicable fees.
L. The BGPD personnel who is requesting the impound shall be responsible for establishing that "probable cause" exists to impound the vehicle in question. When "probable cause" is lost prior to a vehicle being removed Exhibit 2 374
to a Franchisee facility, no lien shall be attached and no fee shall be charged' for the field release of a vehicle to a properly interested person.
M. The Chief of Police or his or her designee has the authority to settle all disputes arising from actions by the Franchisee. The decision of the Chief of Police or hiis or her designee shall be binding on all parties involved.
Inquiries pertaining to the conduct, practices, and regulation of the Franchisee may be referred to the City of Bell Gardens Police Department.
SECTION 4. FRANCHISE FEES; PAYMENT; WAIVER.
A. Franchisee shall pay to City a franchise fee of sixty thousand dollars ($60,000) ("Franchise Fee")for the term of the Agreement.
B. The Franchise Fee shall be amortized over the term of the Agreement with payments due as follows: twelve thousand dollars ($12,000)within thirty(30)days from the date the agreement is awarded and twelve thousand dollars ($12,000)on each anniversary of the Effective Date of this Agreement until paid in full, with monthly installments of one thousand dollars ($1,000) due on the tenth (loth)day of each month.
C. In addition, Franchisee shall pay City an assessment fee of twenty-five percent(25%) of the gross receipts for each City generated tow and impound/storage ("Assessment Fee"). Gross receipts shall mean all revenues received from towing, impound/storage and related services plus incidental receipts of any kind earned or received by the Franchisee as a result of business conducted under this Agreement. Excluded from "Gross Receipts" shall be any receipts generated by Franchisee from lien sales on unclaimed vehicles. These excluded receipts shall not be subject to any assessment fee by the City.
Payment of the Assessment Fee shall be made to the City's Finance Department along with full assessment fee payment report generated by Franchisee providing a detailed accounting of the Gross Receipts and calculation of the Assessment Fee within 15 calendar days from the end of each month during the term of this Agreement. Franchisee shall forward a copy of the payment check or payment report to the Chief of Police at the time of payment.
D. Any Franchise Fees or Assessment Fees, which remain unpaid for more than ten (10) calendar days after the date specified in subsection (B) and (C) above, shall be delinquent, and shall result in a penalty equal to ten percent(10%) per year, compounded daily, until fully paid.
E. By accepting this franchise, the Franchisee irrevocably waives the defenses of any statute of limitation, laches, waiver or other legal or equitable doctrine Exhibit 2 375
of similar import or effect in any action brought by City to recover any franchise fee, interest or penalties due under this Agreement.
F. By accepting this franchise, Franchisee agrees that if it challenges the right of City to collect the franchise fee, any relief requested by Franchisee and awarded to it by virtue of such challenge shall be prospective only, and only from the date of the filing of the initial pleading seeking such relief in a court of competent jurisdiction. Franchisee hereby waives any and all claims or rights to collect back from City, or obtain credit against future payment obligations, any amounts collected by City prior to the filing of the initial pleading seeking such relief. In the event the Franchisee's challenge to any franchise fee payments should result in an initial judgment in its favor, Franchisee shall continue to make all franchise fee payments in accordance with this Agreement pending an appeal by City. In the event the court of appeal, or trial court if City elects not to appeal, determines that City is not entitled to collect any or all of the franchise fees, City shall refund to franchisee those portions of the franchise fee which the court deems City was not entitled to collect, and which were made subsequent to the filing of the initial action by Franchisee, exclusive of interest on such amount.
G. City shall retain the right to impose alternative forms of taxes and/or fees in the event that the Franchise Fee or Assessment Fees provided for in this Agreement are no longer assessable due to a subsequent change in federal, state, or local law.
H. Notices.
(I) Desi nation of Re resentatives. Each party shall designate a representative to serve as that party's primary contact for the administration of this Agreement at all times during the term hereof. City hereby designates the Chief of Police and City Manager and his or her designee as the City Representative. Franchisee hereby designates--J1-eT-q-bT-W—n -1 as the Franchisee Representative. (ii) Franchisee Rep asentative. The Franchisee Representative shall be principally responsible for Franchisee's obligations under this Agreement and shall serve as the principal liaison between Franchisee and City. The Franchisee Representative shall be authorized to act in Franchisee's behalf with respect to the services specified herein. The Franchisee Representative shall remain responsible during the term of this Agreement for directing alll activities of Franchisee and devoting sufficient time to personally supervise the services hereunder. Designation of another representative by Franchisee shall not be made without the prior written consent of City. Unless otherwise specified herein, approval of the Franchisee Representative required hereunder shall be deemed the approval of the Franchisee.
(iii) Qit:y--RppLqsentative. The City Representative shall be the primary contract administrator for City. It shall be the responsibility of the Franchisee Representative to Exhibit 2 376
assure that the City Representative is kept informed of the progress of the performance of Towing Services, and Franchisee shall refer any decisions which must be made by City to the City Representative. Unless otherwise specified herein, approval of the City Representative required hereunder shall be deemed the approval of the City.
SECTION 5. GENERAL CONDITIONS RELATING TO TOW SERVICE LOTS.
Franchisee shall comply with all of the following conditions:
A. The Franchisee shall possess a lot able to hold a minimum of one hundred (100) vehicles on its lot. Lighting shall be sufficient to afford easy visibility to all areas of the lot. The lot must be in a commercial or industrial area in a zone for which the business use is permitted and located within seven (7) miles of the City. The business must comply with all City, County and/or State standards and must at all times possess a valid and current City business license in accordance with the Bell Gardens Municipal Code.
B. The Franchisee's lot must be completely enclosed with a minimum of a six-foot high fence equipped with a security device, as approved by the City's Community Development Department. Security in the lot shall be adequate to preclude theft, vandalism or damage by activity while in the carrier establishment. No stored vehicles shall be visible from any adjacent roadway. No vehicles shall be parked or stored on the public streets at any time. The business must provide off-street parking for its equipment and be able to accommodate at least four(4) additional customer parking spaces. In addition to the four (4) customer parking spaces, at least one (1) additional customer parking space shall be provided for handicapped parking purposes. Said handicapped parking space shall be van accessible. Storage vehicles should be secured away from customer parking and the office area.
C. The Franchisee must have an office and lot in the same location within seven (7) miles of the City, with a sign posted that includes the company name, address, phone number and hours of operation, to be clearly visible from the roadway and shall have been operating out of an office and a storage yard, meeting the requirements of this ordinance, within seven (7) miles of the City for at least two full calendar years prior to applying for and obtaining a franchise pursuant to this chapter.
D. It is the responsibility of the Franchisee to protect all vehicles, vehicle parts and/or attached accessories impounded by peace officers or City law enforcement personnel until such time the vehicles have either been released to properly interested persons or have been disposed of through legal process.
Vehicle parts and/or attached accessories shall not be removed from an impounded vehicle with a criminalistics/evidentiary hold on the vehicle without the prior approval of the concerned law enforcement personnel. The Franchisee's garage employees from other impounded vehicles may remove vehicle parts Exhibit 2 377
and/or attached accessories for safekeeping. When the Franchisee's employee removes vehicle parts and/or attached accessories for safekeeping from a vehicle it shall:
(i) Record a description of the removed vehicle parts and/or attached accessories on the corresponding copy of the garage impound report. (i i) Implement controls to inform the Franchisee's office personnel responding to public inquiries that vehicle parts and/or attached accessories have been removed from a vehicle.
(iii) Cause the vehicle parts and/or attached accessories to be individually packaged and identified,
(Iv) Provide a secure location for the storage of the vehicle parts and/or attached accessories to preclude loss, theft or damage. (v) Inform properly interested persons that parts and/or attached accessories have been removed and how they may obtain possession of that property.
E. Operator must submit their proposed storage fees for inside and outside storage.
Once the fees have been approved by the City Council and the Chief of Police they must be posted near the cashiers' station as described in California Civil Code 3070, disclosing all storage fees and charges in-force, including the maximum storage rate.
(i) Owners of vehicles stored 24 hours or less shall be charged no more than 1 day storage, each day thereafter shall be calculated by calendar days. (il) The schedule of rates charged by operator shall be available in the tow vehicles and shall be presented upon demand of person's to who the tow services were provided or their agent or the Police Officer at the scene.
SECTION 6. OPERATING HOURS; AFTER HOURS CHARGES; RESPONSE TIMES.
A. The Franchisee business must be open to the public at least eight hours per day, Monday through Friday.
B. The Franchisee shall not charge an after-hours fee to persons who appear to claim a stolen vehicle on a Saturday between the hours of 8 AM and 12 PM. Upon approval of the Police Department, the operator may release personal property from an impound vehicle at the request of the vehicle owner or their agent. There shall be no charge for the release of personal property during normal business hours. Operators may charge an after hours release fee for property released after normal business hours.
Exhibit 2 378
C. The Franchisee must tow and store police vehicles within seven (7) miles of the City boundaries and vehicles seized as evidence in criminal investigations, free of charge to the City. However, to the extent permitted by law, Franchisee will be permitted to recover said fees from other responsible parties. The Franchisee must also tow any City vehicle, with the exception of City vehicles requiring a heavy-duty tow, within the City boundaries free of charge. Finally, the Franchisee must Tow any City vehicle requiring a heavy-duty tow, regardless of location, and any City vehicle located outside the City or police vehicle more than 10 miles from the City boundaries, at a cost equal to fifty (50%) percent of the established rate for such tows.
D. The Franchisee must provide on their lot, to the Bell Gardens Police Department, free of charge, storage for four(4) vehicles in an inside garage for V.I.N. and mechanical inspections, as requested.
E. After receipt of a request to respond, the response time for arrival shall not exceed 20 minutes.
(i) The operator shall notify the Police Department Communications Center when a tow unit cannot respond within the 20 minute time period. The operator must give reason and an estimated time of arrival.
(ii) In the event that the tow vehicle is unable or doesn't arrive within 30 minutes of time of call, the Bell Gardens Police Department reserves that right to request towing services from another tow company.
F. The Franchisee shall furnish such services as requested by the BGPD and noted in the Franchise Agreement at any time during the day or night andl shall:
(i) Give priority to City calls when requested;
(ii) Maintain sufficient personnel and equipment to provide for a maximum response time of fifteen (15) minutes, except as otherwise provided herein; (iii) Notify the BGPD upon receipt of request for tow when a tow unit cannot respond immediately and give an estimated time of arrival; (iv) The Franchisee shall provide immediate response whenever requested to respond to the scene where a child is, locked in a car or other emergency of such type.
G. Contractor shall provide emergency service for vehicles within 50 miles of the City limits at no charge to the City. This service shall be provided at all times including weekends and holidays. Emergency service shall include but is not limited to tire changes, battery jump starts and towing inoperable vehicles.
Exhibit 2 379
SECTION 7. EQUIPMENT.
A. General.
At its expense, an operator must have the following equipment that conforms to California Highway Patrol's Classification (CHP Class)for the gross vehicle weight ratings (GVWR) of truck chassis. The operator's vehicles must also be in compliance with the applicable provisions of the California Vehicle Code, applying to tow trucks (615 CVC), including but not limited to Sections 615, 21711, 24606, 25100, 27700, 27907, and all other regulations pertaining to lighting and safety equipment. Operator shall equip and maintain tow trucks in accordance with the provisions set forth in the California Vehicle Code and consistent with industry Standards & Practices.
B. Vehicles.
(i) Operator must have a minimum of three (3) standard tow vehicles, 1 ton rating or greater with dual rear wheels and one flat bed tow vehicle always available. (i) None of the vehicles shall be converted pick up trucks or vehicles not specifically built by manufacturer for towing other vehicles. (ii) Contractor shall have access to either, through a sub-contract, or as an owner of equipment a tow vehicle capable of towing large trucks (semi type). (iii) All tow vehicles shall have necessary communications equipment for radio transmission and reception & shall comply with FCC regulations and requirements. City frequencies shall not be used. Equipment shall be purchased and maintained solely at contractors expense.
(iv) Each tow vehicle shall have a cable of sufficient size & capacity to retrieve vehicles that may have gone over embankments or off traveled portions of roadways and' into inaccessible locations.
(v) All towing vehicles shall be equipped with the auxiliary equipment required for vehicles towing for the California Highway Patrol, in accordance with Attachment"C"of the State of California, Department of California Highway Patrol Tow Service Agreement (CHP 234 (REV. 1-98) OPI 061), or any successor Tow Service Agreement.
(vi) The Police Department also reserves the right to require that all towing vehicles be inspected by an automotive professional certified by the State of California Bureau of Automotive Repair, and selected by the Police Department. All vehicle inspection fees shall be borne solely by the franchisee and shall be due and payable upon presentation of the vehicle for inspection. A yearly inspection of all vehicles is required and the franchisee shall not interfere in any way with any such inspections.
The towing franchisee is responsible for arranging the annual vehicle inspection with Exhibit 2 380
the Police Department. Any towing vehicle that fails an inspection shall not be used to provide towing service in the City until it is repaired and passes re-inspection. In lieu of the aforementioned inspection procedures, the Chief of Police may deem the inspection procedures of the California Highway Patrol, that are in effect at the time, to be sufficient to meet the requirements of this section.
C. Tow Drivers.
(i) Operators shall ensure that only qualified and competent tow Drivers respond to calls initiated by the Police Department. Tow drivers shall be at least 18 years of age and possess the appropriate miinimum class Drivers' License and qualifications. (ii) All tow Drivers shall be thoroughly trained in the proper and safe use of all equipment used in the performance of their duties.
(iii) All drivers shall be uniformed with the name of the towing company and their individual name.
(iv) All personnel acting on behalf of the operator shall be finger printed and photographed by the Bell Gardens Police Department. The City may, at its discretion, conduct a background check as part of the proposal evaluation process of any employee that may include, but is not limited to: fingerprinting, a check of criminal convictions, credit history, driving history, and civil liens and judgments. If the City determines, through a background check, that an employee is not qualified to provide services to the City as specified lin the RFP, the City will notify the operator in writing as to the City's findings.
Although the operator may retain the disqualified employee, the operator must not use or dispatch the disqualified employee for a service that operator provides to the City pursuant to the Franchise Agreement.
(v) The operator shall as a minimum, maintain the following information for each employee;
1. Full Name of the driver
2. Date of birth
3. California Drivers' License Number
4. Copy of valid Medical certificate (if required)
5. Job title and description
6. Current home address and number, and
7. Types of vehicles the driver has been trained and instructed to operate SECTION 8. GENERAL PROVISIONS.
A. Insurance.
The Franchisee shall produce and maintain for the duration of the Franchise Agreement the insurance as required in this section. Franchisee shall not commence Exhibit 2 381
work under this Agreement until proof of all required insurance has been provided to and accepted by the City. The Franchisee shall file with the Bell Gardens Police Department Chief of Police a policy or duly authorized certificate of public liability insurance insuring the City, its officers, agents and employees, against liability. Franchisee shall maintain limits no less than:
(i) Workers' Compensation Insurance: as required by the State of California, and Franchisee's liability insurance, with limits not less than $1,000,000 each accident.
The workers' compensation policy shall be endorsed to contain a waiver of subrogation in favor of the City for all work performed by the Franchisee under this Agreement. (ii) Garage Liability Insurance: at least as broad as Insurance Services Office (ISO) occurrence Form CA 010 05 with Broadened Coverage - Garage Endorsement(CA 2514). Such insurance shall include coverage for liability arising out of garage operations with limits not less than $1,000,000 each accident and $2,000,000 in aggregate, and automobile liability coverage for owned, hired and non-owned automobiles with limits not less than $1,000,000 each accident. The insurance shall also include Garagekeepers Liability coverage for each location the Franchisee may utilize to provide service under this contract with limits of not less than $1,000,000 per location. (III) Commercial Business Automobile Liability (as required by section 16500.5 CVC). Operator agrees to maintain a comprehensive commercial business automobile liability coverage. Bodily injury, death, loss or damages because of wrongful or neglect acts or omission by the insured with a combined single limit of not less than $2,000,000.00.
(iv) Uninsured Motorist Insurance -- legal minimum, combined single limits. (v) Operator shall maintain Garage Liability Insurance with minimum limits of liability of$1„000,000.00 combined singles limit coverage against an injury, death or loss or damages because of wrongful or neglect acts or omission by the insured. (vi) Garage-Keepers Liability-Protecting a vehicle from loss or damage while the vehicle is in Franchisee's care, custody or control. (vii) On Hook Physical Damage Liability Insurance with limits not less than $500,000 per vehicle.
(viii) Deductibles or self-insured retentions must be declared to and approved by the City. At the option of the City, either (a) the insurer shall reduce or eliminate such deductibles or self-insured retentions as respects the City, its officers,officials, employees and volunteers or (b) the Franchisee shall provide a financial guarantee satisfactory to the City guaranteeing payment of losses and related investigations, claim administration, and defense expenses.
Exhibit 2 382
(ix) Other insurance provisions: The policies are to contain, or be endorsed to contain, the following provisions:
(a) The Commercial General Liability policy shall be endorsed to provide that the City, its officers, officials, employees, and volunteers are covered as additional insureds with respect to liability arising out of work or operations performed by or on behalf of the Franchisee under the Franchise Agreement. Proof of this coverage must be in the form of an additional insured endorsement to the Franchisee's insurance using ISO CG 20 110 11 85 or its equivalent language. If coverage is provided in the form of a Garage Liability Policy, such policy shall be endorsed to include equivalent additional insured status to the City, its officers, officials, employees and volunteers. (b) For any claims related to this project, the Franchisee's insurance coverage shall be primary insurance as respects the City, its officers, officials,employees, and volunteers. Any insurance or self-insurance maintained by the City, its officers, officials, employees, or volunteers shall be excess of the Franchisee's insurance and shall not contribute with it.
(c) Each insurance policy required by this clause shall be endorsed to state that coverage shall not be suspended, voided, reduced in coverage or in limits, or cancelled by either party, except after thirty(30)days' prior written notice by certified mail, return receipt requested, has been given to the City.
(d) Subcontractors: Franchisee shall include all subcontractors as insureds under its policies or require and verify that all subcontractors maintain insurance meeting all the requirements of this Agreement.
(x) Verification of Coverage
(a) Franchisee shall furnish the City with original certificates and endorsements, including amendatory endorsements, affecting coverage required herein.
All certificates and endorsements must be received and approved by the City before work commences under the Franchise Agreement. The City reserves the right to require complete, certified copies of all required insurance policies and endorsements required by these specifications at any time during the term of this contract. Neither the failure of the Franchisee to supply required proof of coverage, nor the failure of the City to approve same shall alter or invalidate the provisions of this contract. (b) The Franchisee shall submit evidence of appropriate replacement or renewal coverage for all required insurance that expires or is cancelled during the term of the Contract. Such evidence shall be provided to the City no later than 15 calendar days prior to the expiration or termination of coverage. If operator falls to maintain the required insurance in full force and effect, all work under this Contract shall be discontinued immediately, and all payments due or that become due to Franchisee shall be withheld until City receives required evidence that coverage has been restored.
Exhibit 2 383
(c) Acceptability of Insurers: Insurance is to be placed with insurers with a current A.M. Best's rating of no less than A:VI 1.
(d) All policies required pursuant to this section shall be submitted to the Bell Gardens City Attorney for approval as to form.
B. Indemnification.
(i) Franchisee agrees to indemnify, defend and hold harmless the City, its elected officials, officers, agents and employees ("Indemnities"), at Franchisee's sole expense, from and against any and all loss, liability, penalties, forfeitures, claims, actions, suits or other legal proceedings of any kind asserted against the City, its elected officials, officers, agents, and employees arising out of the performance of Franchisee, its employees, representatives, agents, and sub operators under this agreement, excepting only such claims or actions which may arise out of sole or active negligence of the City, its elected officials, officers, agents and employees. The defense obligation provided for hereunder shall apply without any advance showing of negligence or wrongdoing by the Franchisee, its employees, and/or authorized sub operators, and/or whenever any claim, action, complaint or suit asserts liability against the City, its elected officials, officers, agents, and employees based upon the work performed by the Franchisee, its employees, and/or authorized sub operators specifically named or otherwise asserted to be liable. This provision shall supersede and replace all other indemnity provisions contained either in the City's specifications or Franchisee's proposal, which shall be of no force and effect.
(ii) The Franchisee's obligation to defend, hold harmless, and indemnify shall not be excused because of the Franchisee's inability to evaluate liability or because the Franchisee evaluates liability and determines that the Franchisee is not liable to the ,claimant. The Franchisee must respond within thirty(30)days to the tender of a claim for defense and indemnity by the City, unless this time has been extended by the City. If the Franchisee fails to accept or reject a tender of defense and indemnity within thirty (30) days, in addition to any other remedy authorized by law, as much of the money due the Franchisee by virtue of the Franchise Agreement as shall reasonably be considered necessary by the City may be retained by the City until final disposition has been made or the claim or suit for damages, or until the Franchisee accepts or rejects the tender of defense, whichever occurs first.
(iii) With respect to third party claims against the Franchisee, the Franchisee waives any and all rights of any type to express or implied indemnity against the Indemnities.
(iv) Separate Counsel: City may elect to have separate legal counsel from Franchisee at any time at its sole discretion, and in such case Franchisee will pay one- half(1/2) of all fees and costs and charges for such separate legal counsel.
Exhibit 2 384
(v) Subcontractors: Franchisee shall require all subcontractors to enter into an Agreement containing the provisions set forth in this subsection in which the subcontractor fully indemnifies the City in accordance with this Agreement. (vi) Exception: Notwithstanding Subsections 813(a)-(b) above, Franchisee's obligation to indemnify, hold harmless and defend the City, its officers and employees shall not extend to any loss, liability, penalty, claim, damage, action or suit arising or resulting solely from acts or omissions constituting willful misconduct or sole negligence on the part of the City, its officers or employees.
(vii) Damage by Franchisee: If Franchisee's employees or subcontractors cause any injury, damage or loss to City property, including by not limited to City streets or curbs, Franchisee shall reimburse City for City's cost of repairing such injury, damage or loss.
Such reimbursement is not in derogation of any right of the City to be indemnified by Franchisee for any such injury, damage or loss. With the prior written approval of City, Franchisee may repair the damage at Franchisee's sole cost and expense. (viii) Tort Claims Act: This Agreement shall in no way act to abrogate or waive any immunities available to the City under the Tort Claims Act of the State of California.
C. Assignment or Transfer Prohibited.
The reputation, capability and identity of Franchisee are important and material factors in the award) of this franchise. Accordingly, Franchisee shall not assign, sell, subcontract, or otherwise transfer any of its obligations, rights, benefits, or other interests it may have under this Agreement to any other person or entity without the prior written consent of City to such transfer or assignment. City may, in its sole discretion, withhold consent to any sale, assignment,or other transfer of this Agreement with or without cause, and may solicit new proposals for the Towing Program. City's consent to a transfer or assignment shall neither relieve Franchisee of its obligations under, nor alter the terms of, this Agreement. For the purposes of this section, the sale, assignment, or other transfer from any person or group of persons collectively having an interest of fifty percent (50%) or more in Franchisee (whether by means of ownership of stock, partnership interests, tenancy, or otherwise) to any other person or entity shall be deemed) an assignment subject to the provisions of this section. Any attempted or purported assignment, sale or other transfer by Franchisee without the prior written consent of City shall be null, void and of no effect.
D. Notices.
Any notice authorized or required to be given by this Agreement shall, unless otherwise specified in this Agreement, be served by personal delivery or by depositing such notice in the United States mail with first-class postage prepaid, addressed to the person and addresses listed below for each party, unless written notice is provided by either party as to a change of address for that party:
Exhibit 2 385
City: City Manager and Chief of Police
Bell Gardens Police Department
7100 South Garfield Avenue
Bell Gardens, CA 90201
Franchisee: Mr. C's Towing of South Gate, Inc.
4421 Mason Street
South Gate, CA 90280
For the purposes of this Agreement, notices shall be deemed communicated as follows: (i) Notices delivered personally shall be deemed communicated as of the date of actual receipt; (ii) Notices sent via regular mail (whether by first class mail, registered mail or certified mail)shall be deemed communicated as of three(3)days after deposit thereof in the United States mail, addressed as shown on the addressee's registry or certificate of receipt; and (iii) Notices sent via Federal Express or similar courier service shall be deemed communicated two (2) days after deposit Of Such notices with Federal Express or similar courier or one of its agents.
E. Authority to Enter Agreement.
City and Franchisee warrant that the individuals who have signed this Agreement have the legal power, right, and authority to enter into this Agreement so as to bind each respective party to perform the obligations and conditions imposed upon each party herein.
F. Audit of Franchisee's Books and Accounts.
Franchisee shall maintain the books and records of each tow or storage as required by Vehicle Code section 10650 and any other state law or regulation and this Agreement. All records, equipment, and storage facilities shall be open to periodic inspection by the BGPD personnel or its designated representative. Any deficiencies shall be corrected as soon as practicable upon request of the BGPD. Franchisee shall permit and facilitate any inspections or audits that City may require.
Franchisee acknowledges, understands and agrees that any and all records provided to the City or otherwise maintained in compliance with Vehicle Code section 10650 may be subject to production to third-parties under the California Public Records Act (Government Code section 6250 et seq) and City reserves right to produce such records to the extent City, in its discretion, determines that such records are subject to disclosure. Franchisee shall make its books and records available to City during regular business hours, upon 24-hours written notice from City, for the purpose of auditing and verifying Franchisees payment of Franchise Fees and compliance with this Agreement.
Exhibit 2 386
G. Severability.
Whenever possible, each and every provision of this Agreement shall be interpreted in such a manner as to be valid under applicable law. If any provision, or portion thereof, of this Agreement, or the application of the same to any person or circumstances, is for any reason held to be invalid or unenforceable by a court of competent jurisdiction, such provision, or portion thereof, shall be severed from this Agreement and shall not affect the validity of the remaining portions of this Agreement.
City and Franchisee expressly declare that each would have entered into this Agreement, and each and every section and provision herein, irrespective of the fact that any one or more provisions may be declared invalid or unconstitutional.
H. Independent Contractor.
Franchisee is, and shall at all times remain as to City, a wholly independent contractor. Franchisee shall not, at any time, or in any manner, represent that it or any of its agents or employees are in any manner agents or employees of City. Franchisee shall have no power to incur any debt, obligation, or liability on behalf of City. Neither City nor any of its agents shall have control over the conduct of Franchisee or any of Franchisee's employees, except as set forth in this Agreement. Franchisee agrees to pay all required taxes on amounts paid to, Franchisee under this Agreement, and to indemnify and hold City harmless from any and all taxes, assessments, penalties, and interest asserted against City by reason of the independent contractor relationship created by this Agreement. Franchisee shall fully comply with the workers' compensation laws regarding Franchisee and its employees. Franchisee further agrees to indemnify and hold City harmless from any failure of Franchisee to comply with applicable workers' compensation laws. City shall have the right to offset against the amount of any compensation due to Franchisee under this Agreement any amount due to City from Franchisee as a result of Franchisee's failure to promptly pay to City any reimbursement or indemnification arising under this Section 8H.
1. No Third Party Beneficiaries.
This Agreement, its provisions, and its covenants, are for the sole and exclusive benefit of City and Franchisee. No other parties or entities are intended to be, nor shall be considered, beneficiaries of the performance by either party of any of the obligations under this Agreement.
J. No Waiver.
Any failures or delays by City in asserting any of its rights and remedies as to any default shall not operate as a waiver of any default or of any such rights or remedies.
Delays by City in asserting any of its rights and remedies shall not deprive City of its right to institute and maintain any actions or proceedings which it may deem necessary to protect, assert, or enforce any such rights or remedies Exhibit 2 387
K. Time is of the Essence.
Time is of the essence in the performance of this Agreement.
L. Modification and Amendment.
This Agreement may not be modified, supplemented, or amended, except by written agreement signed by each of the parties hereto.
M. Binding on Successors and Assigns.
This Agreement, and each and every covenant, obligation, and condition herein, shall be binding on and shall inure to the benefit of the successors and assigns of City and Franchisee.
N. Institution of Legal Actions.
In addition to any other rights or remedies, either party may institute legal action to cure, correct, or remedy any default, to recover damages for any default, or to obtain any other remedy consistent with the purpose of this Agreement. Such legal actions must be instituted in the Superior Court of the County of Los Angeles, State of California, in any other appropriate court in that County,or in the Federal District Court in the Central District of California.
O. Attorney's Fees.
In the event either party brings an action at law or in equity, including any action for declaratory relief, to enforce the provisions of this Agreement against the other party, the prevailing party shall be entitled to recover from the other party reasonable attorneys' fees, costs and expenses incurred in connection with the prosecution or defense of such action which may be set by the Court in the same action or in a separate action brought for that purpose, in addition to any other relief to which the prevailing party may be entitled under law
P. Applicable Law.
The laws of the State of California shall govern the interpretation and enforcement of this Agreement.
Q. Use of Caption.
The use of captions to identify the various articles and paragraphs of this Agreement are solely for reference and as a matter of convenience, and in no way bind, emit, or describe the scope or intent of any provision.
Exhibit 2 388
R. Interpretation.
City and Franchisee acknowledge that this Agreement is the product of mutual, arms-length negotiation and drafting, and each party expressly represents and warrants to the other that it has been represented by legal counsel in the negotiation and drafting of this Agreement. Accordingly, the rule of construction which provides that all ambiguities in the document shall be construed against the drafter of that document shall have no application to the interpretation and enforcement of the provisions of this Agreement.
S. Cooperation and Further Acts.
City and Franchisee hereby agree to execute such other instruments and to do such further acts as may be reasonably required by, or necessary to carry out, the provisions of this Agreement
T. Reservation of Rights.
City and Franchisee expressly reserve all rights that they may possess under the law unless expressly waived herein. By entering into this Agreement, neither City nor Franchisee waives any rights which it now or may later enjoy under applicable law, and City and Franchisee specifically reserve their rights to take full advantage of any changes in the law during the term of the Franchise
U. Force Majeure.
If either City or Franchisee is unable to perform its duties under this Agreement due to strikes, lock-outs, labor disputes, inability to obtain labor, governmental restrictions, regulations or controls, civil commotion, fire or other casualty, emergency, or any other cause beyond the reasonable control of either City or Franchisee, such non- performing party shall be excused from the performance of its obligation by the other Party, and shall not be in breach of this Agreement, for a period equal to any such prevention, delay or stoppage
V. Incorporation by Reference.
All exhibits attached to this Agreement or documents expressly incorporated by reference shall be deemed incorporated into this Agreement by the individual reference to each such exhibit or document, and all exhibits and documents shall be deemed part of this Agreement as though set forth in full. In the event of any conflict between the express provisions of this Agreement and the provisions of any exhibit or document incorporated herein by reference, the provisions of this Agreement shall prevail.
Exhibit 2 389
W. Integration.
This Agreement represents the entire and integrated agreement between City and Franchisee and supersedes any prior negotiations, representations, or agreements, whether written or oral, with respect to the subject matter hereof.
X. Use of City Name.
Franchisee shall not use the words "BELL GARDENS" or "CITY" or like words in its corporate names, style of business, or on its equipment, nor shall Franchisee utilize the state words in any publication, promotion, program, etc., without the prior expressed written consent of the City of Bell Gardens.
SECTION 9. FRANCHISEE'S REPRESENTATIONS AND OBLIGATIONS.
A. Personnel.
Franchisee represents that it has, or shall secure at its own expense, all personnel required to perform the Towing Services contemplated by this Agreement. Franchisee may associate with or employ associates or subcontractors in the performance of the Towing Services upon obtaining the prior written approval of City to such association or subcontract, but shall remain, at all times, primarily responsible for the performance of the Towing Services.
B. Governing Requirements.
Franchisee shall operate its tow service and shall perform all Towing Services required of it under the terms of this Agreement in full compliance with the regulations set forth in this Agreement, including the Service Provisions, and all applicable federal, state and local laws.
C. Performance and Operational Standards.
Franchisee shall perform the Towing Services in accordance with the standards set forth under federal, state and local law and in the Service Provisions. Franchisee shall at all times comply with such operating standards, noticing requirements and service requirements mandated under Article 1 of Chapter 10 of Division 11 of the California Vehicle Code (Vehicle Code section 22650 et seq.) including but not limited to those operating standards, noticing requirements and service requirements set forth under Vehicle Code sections 22655.5(c), 22658, and 22699. The failure to abide by such operating standards, noticing requirements and/or service requirements shall constitute an Event of Default under this Agreement.
Exhibit 2 390
D. Rates and Charges.
Rates and charges Franchisee may charge for the removal and storage of vehicles towed by Franchisee in the performance of the towing services contemplated by this Agreement shall not exceed the rates and charges set forth in the Service Provisions, E. Prohibited Employment.
In addition to all other conditions of approval, the City Council of the City of Bell Gardens has also conditioned approval of this Agreement on Franchisee's compliance with the following: To the fullest extent permitted by law, under no circumstances may Franchisee do any of the following during the term of this Agreement or any Renewal Term as the same are defined under Section 2C of this Agreement, above: (I) employ or offer employment to any person who is currently employed by the City of Bell Gardens; (ii)employ or offer employment to any former employee of the City of Bell Gardens whose employment ended or was otherwise terminated (for whatever reason) less than one year from the date the former employee is employed or offered employment by Franchisee; (iii) engage any employee of the City of Bell Gardens or offer to engage any employee of the City of Bell Gardens as an independent contractor or agent of Franchisee; and/or(iv) engage or offer to engage any former employee of the City as an independent contractor or agent of Franchisee where such engagement or offer to engage is made less than one year from the date the former employee's employment with the City of Bell Gardens ended or was otherwise terminated (for whatever reason).
SECTION 10. SIGNATURES
This Agreement may be executed in any number of counterparts, each of which so executed shall be deemed an original, but all of which when taken together shall constitute one and the same instrument.
[SIGNATURE PAGE TO FOLLOW]
Exhibit 2 391
IN WITNESS WHEREOF, City and Franchisee have caused the within Agreement to be duly executed by their respective officers.
CITY OF BELL GARDENS
BY. . ...0
Aleidndf Cortez
Mayor
APPROVED AS TO FORM: ATTEST:
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on behalf of
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City Attorney Rick City'" Cerk
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Exhibit 2 392