Agenda packet — Bell Gardens City Council, June 24, 2024 (part 3 of 3)

AGENDA ITEM 3
The maximum estimated cost to the City of Bell for this agreement is$31,086.25 for a term starting on July 1, 2024, and ending on June 30, 2025 (365 days). The final cost to the City of Bell is determined based on $520,000 in Measure H Innovation Grant Funds reimbursed from the Gateway Cities Council of Governments, and the approval of the Reimbursement Agreement by the LCA1 cities of Bell Gardens, Commerce, Cudahy, Huntington Park, Maywood, South Gate and Vernon to share remaining costs equally.

ATTACHMENTS:

1. Executed LCA1 Reimbursement Agreement and the Salvation Army Collaborator Agreement through June 30, 2025.

2. Proposed LCA1 Reimbursement Agreement and the Salvation Army Collaborator Agreement for July 1, 2023, through June 30, 2025.

Exhibit 5 386

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REIMBURSEMENT AGREEMENT
FOR

SHELTER BEDS WITHIN THE SALVATION ARMY BELL SHELTER
THIS REIMBURSEMENT AGREEMENT("Agreement")is entered into as of July 2024 ("Effective Date") by and among the CITY OF BELL, a California charter city ("Bell"), the CITY OF BELL GARDENS, a California general law city ("Bell Gardens"),the CITY OF COMMERCE, a California general law city ("Commerce"), the CITY OF CUDAHY, a California general law city ("Cudahy"), the CITY OF HUNTINGTON PARK, a California general law city ("Huntington Park"),the CITY OF MAYWOOD, a California general law city ("Maywood"),the CITY OF SOUTH GATE, a California general law city ("South Gate"), and the CITY OF VERNON, a California charter city and municipal corporation ("Vernon'), collectively referred to herein as the "LCAl Members" and/or the "Parties".

RECITALS
A. The cities of Bell, Bell Gardens, Commerce, Cudahy, Huntington Park, Maywood, South Gate, and Vernon are members of a Local Coordinating Alliance 1 ("LCAl"), a cooperative working group of eight(8) entities developed within the Gateway Cities Council of Governments for subregional homeless services coordination in the Southeast Los Angeles subregion of Service Planning Area 7 ("SPA 7"). The LCA1 Members have agreed to coordinate resources and services to address homelessness in the Southeastern Los Angeles region within a provisional pilot program as described / outlined pursuant to the terms in this Agreement.

B. Los Angeles County (First Supervisorial District) ("County") will separately participate with The Salvation Army for the same services as set forth herein pursuant to a separate agreement directly with the Salvation Army Bell Shelter.

C. A "Shelter Bed" is defined as an occupancy placement within a crisis housing bed or a bridge housing bed within the Salvation Army Bell Shelter located at 5600 Rickenbacker Rd, Bell, CA 90201, for a single adult (age 18 or over) participant referred into a program of comprehensive homeless support services within such shelter. Depending on the service needs of the particular unhoused individual, initial placement may occur in a crisis housing bed that is operated with a low barrier design or in a bridge housing bed. Both crisis and bridge housing beds are intended to provide a safe and supportive twenty-four (24) hour residence to individuals experiencing homelessness while enabling assistance for them to obtain permanent housing. A low barrier design program is one in which no participant that is placed within the Salvation Army Bell Shelter shall be required to commit to sobriety, or to commit to an adherence to medications for physical or mental health conditions. Low barrier crisis housing beds are expected to be provided at the Salvation Army Bell Shelter in Building lE. Bridge housing beds are expected to be provided at the Salvation Army Bell Shelter sober living dormitories in Building 2A/B for participants who prefer to live in a more stable environment. The Exhibit 5 387
Page103

number of beds provided in each housing type will be flexible to accommodate the shifting needs of the participants at any time.

D. It is expected that a number of participants entering the pilot program will have significant barriers to employment and housing. The Parties expect that there will be an on-site Salvation Army Bell Shelter employee who will provide group and individual psychotherapy for participants who need an advanced level of support and are open to engaging in behavioral health services.

E. Client level data for this pilot program will be entered into the Los Angeles Homeless Services Authority's ("LAHSA") Homeless Management Information System ("HMIS"). HMIS collects participant demographic data, as well as program and service utilization data for auditing, reporting, and to facilitate participant transfer and coordination among available regional homeless services programs.

F. The LCAI Members currently participate in the Los Angeles County Coordinated Entry System ("County CES"), which provides for placements of individuals experiencing homelessness within occupiable shelter beds in Los Angeles County.

Due to the high demand for shelter beds within Los Angeles County, a shelter bed may not be immediately available to address the needs of the local unhoused population in the Southeast Los Angeles County subregion. Thus, the City of Bell has negotiated an agreement with The Salvation Army to procure the prioritized use of thirty-six (36) shelter beds for the eight(8)participating LCA I Members, in recognition of the local impacts of homelessness experienced by the LCAl Members.

G. The LCAl Members, have collectively designated the City of Bell as the lead agency to coordinate the implementation of the pilot program proposed by this Agreement for the placement of homeless individuals within the Salvation Army Bell Shelter in an effortto address the unhoused population that the LCAI Members seek to assist.

H. This pilot program will require a great deal of cooperation among the LCAl Members in order to enable the efficient placement of homeless individuals currently to a Shelter Bed within the Salvation Army Bell Shelter.

L The Salvation Army Bell Shelter, one of the largest shelters in the nation, is located within the City of Bell in the Southeast Los Angeles County subregion and accepts placements from throughout the Los Angeles County area through the County CES.

The Shelter Beds are contracted by various governmental and nonprofit entities, and the Salvation Army Bell Shelter, in recognition of the homeless housing impacts experienced by the LCA I Members, has agreed to contract with the City of Bell for thirty-six (36) prioritized Shelter Beds to be allocated to the LCAl Members' homeless population, based on certain conditions.

Ol 135.0001/536707.2 -2-
Exhibit 5 388

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J. The City of Bell will take the lead on behalf of the LCA1 Members plus the County to coordinate the prioritized use of forty (40) Shelter Beds within the Salvation Army Shelter through a Homeless Liaison (as such term is defined below), which shall be a designated staff member selected by the City of Bell to implement the pilot program under this Agreement that is separately funded by a Measure H Innovation Fund Grant reimbursement through the Gateway Cities Council of Governments.

K. To this end, the City of Bell and The Salvation Army, a California corporation ("Salvation Army") have entered into an agreement, dated July _lam 2024, as set forth in Exhibit A (the "Salvation Army Agreement"), whereby the City of Bell, has acquired the prioritized right for thirty-six (36) Shelter Beds within the Salvation Army Bell Shelter, and additional supportive services to serve the LCA1 Members' homeless housing population.

L. Separately, the City of Bell, as lead agency, applied for and received a $520,000 Measure H Innovation Fund Grant("Measure H Grant")from the Gateway Cities Council of Governments, which reduces the total cost of this pilot program to the eight (8) LCA1 Members. With Measure H Grant funds, the total estimated cost of the Salvation Army Agreement to the eight (8) participating LCA1 Members would be reduced from $768,690 to $248,690. In return for the Measure H Grant award, the LCA1 Members agree that if the thirty-six (36) Shelter Beds cannot be filled by the LCA 1 Members, open placements will be made available to other SPA 7 communities with pre-approval of the designated Homeless Liaison. The total number of SPA 7 placements from outside of the eight (8) LCA1 Members may not exceed fifty percent(50%) of the thirty-six(36) Shelter Beds,which is eighteen (18) out of the thirty-six (36) Shelter Beds at any one time. Placements will not be available to other SPA 7 communities through this Agreement until Shelter Bed occupancy drops below ninety percent(90%) occupancy, or thirty-three(33) of the thirty-six (36) Shelter Beds.

M. The City of Bell shall appoint an individual to serve as a liaison to all LCA1 Members and the County (the "Homeless Liaison"), and shall work with the participating LCA1 Members and the County to coordinate the use of the prioritized Shelter Beds within the Salvation Army Bell Shelter in addition to any other beds that are made available through the County CES.

N. The Shelter Beds are designed to provide the LCA1 Members with an additional inventory of homeless shelter beds to address the significant impacts of homelessness the LCA1 Members are experiencing. If any individuals choose to leave a placement at the Salvation Army Bell Shelter, either of their own volition or for violating the rules and policies of the Salvation Army Bell Shelter, they will add to the unhoused population in the communities of the Southeast Los Angeles subregion. Thus,the pilot program proposed by the LCA1 Members is designed to provide an enhanced level of support, resources, and communication in order to ensure any placement of individuals within the Salvation Army Bell Shelter remain for as long as reasonably possible.
01135.0001/536707.2 -3-
Exhibit 5 389
Page105

O. The LCA1 Members agree that the costs of this Agreement will be shared equally among all of the LCA1 Members and they shall be required to pay their equal share each quarter during the term of this Agreement. If a LCA1 Member chooses to withdraw from this Agreement, other cities within the SPA 7 area may be added to this Agreement with priority provided to communities closest to the Salvation Army Bell Shelter (which addition may require an amendment or supplement to this Agreement as determined by the City of Bell). The intent of the LCA1 Members is to retain a minimum of eight (8) participating entities, in order to ensure,i)that the cost of this Agreement is not prohibitive for any one member and, ii) that the Shelter Beds remain ninety percent(90%) occupied during the term of this Agreement.

AGREEMENT
NOW, THEREFORE, in consideration of the preceding recitals and the mutual covenants hereinafter contained, the Parties agree as follows:

Section 1. Incorporation of Recitals. The recitals set forth above are hereby acknowledged and agreed to by the Parties and are incorporated in the terms of this Agreement. Specifically, the City of Bell is acknowledged and agreed to as the lead agency, and its appointed Homeless Liaison is acknowledged and agreed to, for purposes of this Agreement.

Section 2. Term; Termination.
(a) The term of this Agreement will commence on July 1, 2024 and end on June 30, 2025 (the "Term") for a total of 365 days.
(b) In addition, this Agreement may be terminated after July 1, 2024, (i) at the convenience of any LCA1 Member following thirty (30) days prior written notice to the City of Bell, and/or (ii) upon a termination of the Salvation Army Agreement by the Salvation Army or the City of Bell pursuant to the terms of the Salvation Army Agreement.

The City of Bell, as lead agency, may replace any party that terminates this Agreement with another city within the SPAT area that executes an acknowledgement and acceptance of the terms of this Agreement (which, at the City of Bell's discretion, may require an amendment to this Agreement).
(c) In the event of any termination by a LCA1 Member after July 1, 2024, and a replacement SPA 7 city is not immediately available to take such terminating Party's share of the costs/payments required herein, then the equitable share of costs for this Agreement (along with the allocation of the thirty-six (36) Shelter Beds for all LCA1 Members)provided in Section 3 below shall be adjusted accordingly.

Section 3. Cost and Payment. It is agreed and acknowledged that the Parties will share the costs of this pilot program equally, and that, regardless of any ability of the City of Bell, the Homeless Liaison, and/ or the Salvation Army Bell Shelter to actually enable the utilization of any Shelter Bed within the Salvation Army Bell Shelter for any LCA1 Member's homeless population, each LCA1 Member shall be required to pay the monthly Ol 135.0001/536707.2 -4-
Exhibit 5 390
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amount due under this Agreement on the first day of each month of the Term of this Agreement to the City of Bell in order for the City of Bell to pay any and all monthly invoices received from the Salvation Army without delay. If the invoice received by the City of Bell from the Salvation Army for the use of the Shelter Beds in any given month is less than the amount collectively paid by the LCA1 Members for such month,then the City of Bell shall promptly refund any such overcharge to each of the LCA1 Members on an equal basis.

As the City of Bell, as lead agency, was successful in procuring $520,000 in Measure H Grant funds from the Gateway Cities Council of Governments, the total cost for each of the Parties (as set forth below) is proportionally reduced during the term of the Measure H Grant fund term.

Total Agreement Cost
The total cost of the Salvation Army Agreement is $768,690 calculated at thirty-six (36) Shelter Beds per day at a cost of$58.50 per bed/per day for 365 days.

The City of Bell will invoice the Gateway Cities Council of Governments for $520,000 in Measure H Grant fund reimbursements, which would reduce the total cost of this Agreement to $248,690.

Los Angeles County First Supervisorial District will enter directly into a separate agreement with the Salvation Army Bell Shelter for four (4) additional Shelter Beds, to bring the total number of coordinated Shelter Beds in the Southeast Los Angeles subregion to forty (40)under this pilot program.

The eight (8) LCA1 Members will be invoiced monthly by the City of Bell for an equal one-eighth (1/8 h) share. Each of the eight (8) LCA1 Members will be billed a maximum of $31,086.25 of the remaining Agreement after Measure H Innovation Grant reimbursement of$248,690.

Quarterly Invoice
The City of Bell, as lead agency, will submit the quarterly invoice (3 monthly invoices) it receives from the Salvation Army pursuant to the Salvation Army Agreement, to each LCA1 Member upon five (10) business days of its receipt therefor, with, if applicable, backup documentation and related reports for the thirty-six (36) Shelter Beds.

Section 4. Specifications. The availability and use of the thirty-six (36) Shelter Beds allocated to each LCA1 Member shall be subject to the following specifications. In recognition of the complexity of the daily operations of the Salvation Army Bell Shelter, and the unknown personal,regional,and local factors which affect Shelter Bed availability, the Parties agree that a high level of communication, coordination, and flexibility is necessary to effectively use all available Shelter Beds, and to refrain from submitting Shelter Bed placements when inventory is not available. There is no guarantee that a Shelter Bed is available at any specific time, as the complex and shifting factors that affect Shelter Bed inventory are beyond the control of the City of Bell and the Salvation Army 01135.0001/536707.2 -5-
Exhibit 5 391
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Bell Shelter. The purpose of this pilot program is to increase coordination and communication on homelessness within the LCA1 subregion, to develop data at a subregional level, and to develop improved and effective partnerships on a subregional level with regional service providers and nonprofit entities. (a) Initial Use of Crisis Housing Bed Inventory. Upon the notice from the Salvation Army of availability of Shelter Beds within the Salvation Army Bell Shelter, ten percent (10%) of the thirty-six (36) beds will be designated as public safety priority beds for emergency use by the public safety agencies of all LCA1 Members, for a total of four (4) beds. The remaining ninety percent (90%), or thirty-two (32) beds, will be prioritized as four (4) general inventory beds per each LCA1 Member. This distribution equals eight(8) LCA1 Members times four(4)beds each for a general inventory of thirty- two(32)beds. Initial intake into a public safety priority bed shall also require participation from apublic safety agency(e.g.,Bell Police Department,Bell Gardens Police Department, Los Angeles County Sheriff, South Gate Police Department, Vernon Police Department, etc.). Once the new resident is placed in a public safety bed and completes the facility intake process,they will be rotated from the priority public safety bed into one of the thirty- two (32) general beds, if a general bed is available. If the LCA1 Members cannot fill the Shelter Bed inventory, and the Shelter Bed occupancy drops below ninety percent(90%), the Homeless Liaison may refer participants from non LCA1 Member SPA 7 cities to ensure that the Shelter Bed inventory is used efficiently up to a maximum of eighteen (18) non LCA1 Member SPA 7 placements at any one time. The LCA1 Members shall use best efforts to efficiently and effectively coordinate the shared use of available Shelter Beds to maintain ninety percent(90%) occupancy and meet their specific local needs depending on bed availability. The Salvation Army has agreed, pursuant to the Salvation Army Agreement to coordinate in good faith to plan transfers of homeless individuals to other available support programs, based on participant eligibility (i.e., Veteran's Administration program shelter beds,Department of Mental Health program shelter beds, Substance Abuse Prevention and Control program shelter beds)to increase the annual number of participants that can benefit from the thirty-six(36)prioritized Shelter Beds under the Salvation Army Agreement. The LCA1 Members acknowledge and agree that the thirty-six (36) Shelter Beds are not actually reserved or dedicated to the LCA1 Members' homeless population, but are merely prioritized to them under the Salvation Army Agreement. Each week there shall be an analysis of the occupancy of Shelter Beds and allocations will be made available to each of the LCA1 Members through the Homeless Liaison in coordination with the LCA1 Members. As such,the effectiveness of this pilot program requires cooperation and consistent communication between the LCA1 Members and the Homeless Liaison, given the fluidity of available bed occupancy (and the rotation in and out of such beds by homeless individuals).
(b) Recalculation of Crisis Housing Bed Inventory. To ensure the full and efficient use of the thirty-six(36)prioritized Shelter Beds, cooperation and communication between the Parties is essential. Informal analysis and recalculation of Shelter Bed use ratios shall occur every week during the Term of this Agreement, and as needed,to use the available Shelter Beds efficiently. Thereafter, quarterly reviews will occur to determine the efficient use of the Shelter Beds, and the effectiveness of this pilot program and how it could be improved. Shelter Bed inventory flexibility is critical to effectively address Ol 135.0001/536707.2 -6-
Exhibit 5 392
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conditions in the field (given the fact that individuals placed within the Salvation Army Bell Shelter will likely be rotating in and out frequently) and in order to assess the success of program participants in receiving housing placement. As this program is a pilot program and requires participant flexibility, all Parties will designate a public safety contact and a staff contact for the Homeless Liaison to coordinate activities and improve communication, each of which are designated on the signature page for each of the Parties below. (c) Shelter Bed Availability Limitations. If the Salvation Army Bell Shelter is experiencing COVID-19 quarantine limits or holds on resident intake upon the execution of the Salvation Army Agreement, the Salvation Army Bell Shelter will not initiate invoicing for Shelter Beds until the beds are available. Limitations on Shelter Bed availability may exist depending on the number of available Shelter Beds in the Salvation Army Bell Shelter's daily inventory. The Salvation Army Bell Shelter does not provide family shelter resources; thus LCA1 Members must coordinate placement of any such families to other shelters through the Homeless Liaison during business hours or call 211 ( www.2111a.org) to find suitable shelter or motel options for families in need. The Salvation Army Bell Shelter does not provide a kennel to shelter the pets of unhoused individuals in need. The thirty-six (36) Shelter Beds addressed in this Agreement are merely a supplement to the shelter beds available through the County CES. (d) Intake. New resident intake shall occur during regular business hours of 8:00 AM to 3:00 PM, Monday through Friday. The Salvation Army Bell Shelter provides 24 hour a day, seven day a week staffing, however the shelter has an inventory of four(4) safe rooms for intake and staff are required to perform COVID-19 protocols upon intake that limit the ability of the shelter to perform intake outside of regular business hours.

After hours domestic violence and/or other emergency placements are subject to the availability of an unoccupied safe room at the Salvation Army Bell Shelter. Emergency intake is available after hours, however due to a limited number of available safe rooms and due to COVID-19 protocols, after hours intake should only be for emergency situations. An after-hours call line that operates 24 hours a day will be provided to participating public safety agencies for use in the event of an after-hours emergency. (e) Length of Stay. Each participant will be limited to an initial stay of ninety (90) days. Two (90) day extensions are available upon request for participants actively working on a housing plan, for a maximum stay of 270 days for any individual participant.
(f) COVID-19 Protocols and Processes. The Salvation Army Bell Shelter restarted limited intake of residents into quarantine facilities on August 19, 2021. COVID- 19 protocols for intake include but are not limited to, i) any incoming participant is tested on the day of or on the day after intake regardless of vaccine status, ii) if an incoming participant is vaccinated, the participant may move into a public safety prioritized bed. If a participant is not vaccinated,they must remain in quarantine until two negative COVID- 19 tests are received. The second test occurs seven to eight days after the first, with results generally available within three days. Modular homes located on the greater Salvation Army Bell complex property serve as a first line of intake quarantine and are subject to availability.

Ol 135.0001/536707.2 -7-
Exhibit 5 393
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(g) Homeless Liaison. The Homeless Liaison will coordinate daily with assigned Salvation Army Bell Shelter staff, in order to determine the daily inventory on weekdays of Shelter Bed availability and the roster of shelter residents, however, it shall not be required to ensure the availability of all thirty-six (36) Shelter Beds since such beds are only prioritized, they are not specifically reserved, and the LCA1 Members must coordinate with the Homeless Liaison in order to ensure allocation of Shelter Beds for proposed participants. The Homeless Liaison will coordinate daily with assigned LCA1 public safety agency assigned staff(as designated on the signature page to this Agreement) to report shelter bed inventory availability and to determine any planned public safety needs. The Homeless Liaison will coordinate daily with designated Salvation Army Bell Shelter staff to determine how many residents can be transferred to general bed inventory or to other programs to maximize Shelter Bed use. The City of Bell and the Homeless Liaison shall have no liability for any failure to ensure a placement of any LCA 1 Member's proposed participant/homeless population within a Shelter Bed. (h) Reporting.
(i)Reporting by Salvation Army Bell Shelter: It is expected that the Salvation Army Bell Shelter will provide, i) daily inventory counts to the Homeless Liaison and, ii) a monthly report and invoice to the City of Bell and the Homeless Liaison. (ii) Reporting by the Homeless Liaison: the Homeless Liaison will reasonably endeavor to provide: i) a monthly report and the Salvation Army Bell Shelter invoice it received to all participating LCA1 cities and, ii) a quarterly report to the LCA1 Members and the Gateway Cities Council of Governments.
(iii) Participant level data will be entered into the LAHSA HMIS system for program reporting and auditing purposes.
(iv) The following metrics and expected outcome measures will be reasonably tracked and reported: i) a minimum of one hundred(120)unduplicated individuals will be served each year during the Term of this Agreement, ii) twenty percent (20%) of participants (of those able to work —e.g. not disabled or retired) will be employed by the expected exit date and, iii) thirty percent (20%) of participants will exit to permanent housing and, iv) eighty five percent (85%) of participants will complete a housing plan and, v) ten percent (10%) of participants will exit to another level of care (DMH IHP or other stable housing location). However, there shall be no liability to any of the Parties if such metrics and/or outcome measures are not achieved
Section 6. Defaults and Indemnification Provisions. (a) Defaults. In the event any of the Parties shall fail to pay its required share of the costs of the Shelter Beds in any given month during the Term of this Agreement(or any extension approved by the Parties),then such party shall be in immediate default under this Agreement, and the City of Bell shall be entitled to, and may sue for, the payment of all such unpaid amounts (and the defaulting parry shall pay interest at the lesser of(i) 10% Ol 135.0001/536707.2 -8-
Exhibit 5 394
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per annum, or(ii),the maximum rate permitted by law)from and after the due date of such monetary payment obligation until payment is actually received. The Parties acknowledge that money damages and remedies at law generally are inadequate and that specific performance is appropriate for the enforcement of this Agreement. Therefore, the remedy of specific performance shall be available to all Parties hereto. This subsection shall not limit any other rights, remedies, or causes of action that any parry may have at law or equity.
(b) Indemnity by City of Bell. To the full extent permitted by law,the City of Bell agrees to indemnify, defend and hold harmless each of the other Parties, and their respective officers, employees and agents ("Indemnified Parties") against, and will hold and save them and each of them harmless from, any and all actions, claim, or liabilities that may be asserted or claimed by the Salvation Army, arising out of or in connection with any defaults or failures asserted under the Salvation Army Agreement against the City of Bell, and/or the City of Bell's negligent performance of the activities, work, or operations provided under this Agreement, except claims or liabilities occurring as a result of Indemnified Parties' negligence or willful acts or omissions. The indemnity obligations contained herein shall be binding on successors and assigns of the Parties and shall survive termination of this Agreement.
(c) Indemnity by Parties. To the full extent permitted by law, each of the Parties agree (based on, and only up to, the Parties' respective proportionate share of the costs due from each parry as set forth in Section 3 above) to indemnify, defend and hold harmless the City of Bell and the Homeless Liaison, and their respective officers, employees and agents against, and will hold and save them and each of them harmless from, any and all actions, either judicial, administrative, arbitration or regulatory claims, damages to persons or property, losses, costs, penalties, obligations, errors, omissions or liabilities that may be asserted or claimed by the Salvation Army, or any other person, firm or entity arising out of or in connection with the Shelter Beds, the Salvation Army Agreement, and/or this Agreement, except with respect to the negligent performance of the activities, work, or operations provided by the City of Bell or the Homeless Liaison under the Salvation Army Agreement or herein. The indemnity obligations contained herein shall be binding on successors and assigns of the Parties and shall survive termination of this Agreement. Notwithstanding anything to the contrary herein,in the event any of the Parties fail to make any payment due hereunder, which causes the City of Bell to fail to make the payments due under the Salvation Army Agreement, the Parties shall share in any costs, liabilities, or claims that result from the failure of such nonpayment and the City of Bell shall not be required to make any additional payment to the Salvation Army to cover such un-reimbursed amounts.

Section 6. Miscellaneous Provisions.
(a) Notices. All notices or other communications under this Agreement shall be in writing and shall be delivered to the appropriate parry at the address set forth below (subject to change from time to time by written notice to all other Parties to this Agreement). All notices, demands or other communications shall be considered as properly given if sent by: (a) electronic mail and regular mail; or (b) overnight express Ol 135.0001/536707.2 -9-
Exhibit 5 395
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mail, charges prepaid. Notices so sent shall be deemed effective one(1)business day after mailing or the same day as sent for electronic delivery. For purposes of notice, the addresses of the Parties shall be as set forth on the signature pages contained herein. (b) Attorneys' Fees. If any of the Parties to this Agreement is required to or seeks to initiate or defend litigation against any other party, the prevailing party in such action or proceeding, in addition to any other relief which may be granted, whether legal or equitable, shall be entitled to reasonable attorneys' fees. (c) Integration; Amendments. This Agreement including the attachments hereto is the entire, complete and exclusive expression of the understanding of the Parties (including the Salvation Army Agreement). It is understood that there are no oral agreements between the Parties hereto affecting this Agreement and this Agreement supersedes and cancels any and all previous negotiations, arrangements, agreements and understandings, if any, between the Parties (other than the Salvation Army Agreement), and none shall be used to interpret this Agreement. No amendment to or modification of this Agreement shall be valid unless made in writing and approved by the City of Bell as the lead agency. The Parties agree that this requirement for written modifications cannot be waived and that any attempted waiver shall be void.
(c) Counterparts. This Agreement may be executed in counterparts, each of which shall be deemed to be an original, and such counterparts shall constitute one and the same instrument. Signatures transmitted electronically shall be deemed originals for all purposes of this Agreement.
(d) Authority. The persons executing this Agreement on behalf of each of the Parties hereto warrant that(i) such parry is duly organized and existing, (ii) they are duly authorized to execute and deliver this Agreement on behalf of said parry, (iii) by so executing this Agreement, such party is formally bound to the provisions of this Agreement, and(iv)the entering into this Agreement does not violate any provision of any other agreement to which said parry is bound.
[SIGNATURES ON FOLLOWING PAGE]
Ol 135.0001/536707.2 -1 0-
Exhibit 5 396
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IN WITNESS WHEREOF, the Parties hereto have executed this Agreement on the date and year first-above written.

CITY:

CITY OF BELL, a California charter city
Name:

Title:

Address: City Hall; 6330 Pine Ave, Bell, CA
90201
ATTEST:

Angela Bustamante, City Clerk
APPROVED AS TO FORM:

ALESHIRE& WYNDER, LLP
David J. Aleshire, City Attorney
Ol 135.0001/536707.2 -1 1-
Exhibit 5 397
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CITY:

CITY OF BELL GARDENS,
a California general law city
By:

Name:

Title:

Address:

Public Safety Contact:

Staff Contact:

CITY:

CITY OF COMMERCE,
a California general law city
By:

Name:

Title:

Address:

Public Safety Contact:

Staff Contact:

CITY:

CITY OF CUDAHY,
a California general law city
By:

Name:

Title:

Address:

Public Safety Contact:

Staff Contact:

Ol 135.0001/536707.2
Exhibit 5 398
Page114

CITY:

CITY OF HUNTINGTON PARK,
a California general law city
By:

Name:

Title:

Address:

Public Safety Contact:

Staff Contact:

CITY:

CITY OF MAYWOOD,
a California general law city
By:

Name:

Title:

Address:

Public Safety Contact:

Staff Contact:

CITY:

CITY OF SOUTH GATE,
a California general law city
By:

Name:

Title:

Ol 135.0001/536707.2
Exhibit 5 399
Page115

Address:

Public Safety Contact:

Staff Contact:

CITY:

CITY OF VERNON,
a California charter city
By:

Name:

Title:

Address:

Public Safety Contact:

Staff Contact:

Ol 135.0001/536707.2
Exhibit 5 400
Page116

FIRST AMENDMENT
This First Amendment to the Agreement by and between City of Bell("Contractor")and The Salvation Army,a California corporation(TSA)is entered into as of July 01,2024.

Whereas Contractor and TSA entered into the Agreement dated July 01,2023 ("Agreement").

Whereas the parties now desire to amend the Agreement to extend the term of the Now,therefore,City of Bell and TSA agree as follows:

1. Section 3 Term of Contract of the Agreement is amended to add:

The term of this contract shall be from July 1,2024,to June 30,2025. Notwithstanding the foregoing,this Agreement may be terminated at the convenience of either Party on thirty(30)days'written notice to the other Party. On termination,each Party shall cease to perform any additional services.Termination shall not provide cause to give either Party a claim for damages for work to be performed after the time that notice of termination is served.

2. Section 4,Compensation and Payment of the Agreement is amended to add:

The contractor's rate of$58.50 per bed night,not to exceed a total of$768,690 compensation,for the term of this agreement.

3. Except as provided in this First Amendment,all other terms of the Agreement remain in full force and effect.

By the signatures of their authorized representatives below,TSA and Contractor have entered into this First Amendment as of the date first set forth above.

The Salvation Army,
City of Bell a California corporation
By:

By:

Title:

Date:

Attest:

Title:

Date:

Exhibit 5 401
Page117

CITY OF BELL GARDENS

OFFICE OF THE CITY MANAGER
f b .

AGENDAREPORT
Item 10.

TO: Honorable Mayor and City Council Members
FROM: Michael B. O'Kelly, City Manager
BY: Hailes H. Soto, Assistant to the City Manager
SUBJECT: INITIALAPPROVAL OF PARKWEST BICYCLE CASINO SOLAR SHADE STRUCTURE

PROJECT
DATE: June 24, 2024
RECOMMENDATION:

It is staff's recommendation that the City Council adopt the attached Resolution conceptually approving the Parkwest Bicycle Casino solar shade structure project.

BACKGROUND/DISCUSSION:

Parkwest Bicycle Casino ("Parkwest"), located at 888 Bicycle Casino Drive ("Subject Site"), is developed with a card club casino, 7-story hotel and associated surface level parking lot. The Subject Site is bordered on the north by Florence Avenue, on the east by Eastern Avenue, on the south by Clara Street, and on the west by the 1-710 Long Beach Freeway.

Parkwest is planning on undertaking a $10 million solar shade structure project over a large portion of the current self-parking area. These solar shade structures will produce electricity to offset approximately 34% of the current demand of the hotel, and 83% of the current demand of the casino. Parkwest also intends to complete other work including the repair and/or replacement of the asphalt in most of the areas used for parking at Parkwest, as well as other improvements to lighting and security in the parking areas.

Parkwest owns approximately 9.08 acres which contain the casino, hotel and valet parking area. The remaining area, which primarily consists of the self-parking area, is owned by the City of Bell Gardens and it is leased to Parkwest through the Bicycle Casino Master Ground Lease ("Master Lease"). The Master Lease provides that Parkwest can construct authorized improvements which include resurfacing, restriping, lighting, security towers, and fencing. All other improvements not listed can only be constructed with City's prior written consent. To ensure that all improvements are of high quality and good appearance, the Master Lease requires that Parkwest submit plans and obtain City's written approval prior to construction of the solar shade structure project. Therefore, this staff report and attached City Council Resolution approval will satisfy the initial approval requirements. Should the City Council conceptually approve the solar shade structure project, Parkwest will proceed with submitting the project to the Community Development Department for review and approval.

CONCLUSION:

Parkwest has been a good corporate citizen and the City desires to maintain a positive working relationship and support initiatives that provide a competitive advantage, maintain successful operations, strengthen the local economy and enhance the overall quality of life for City residents. Parkwest continues to invest on the property with multimillion dollar improvements.
402

FISCAL IMPACT:

None.

ATTACHMENTS:

Exhibit 1 - Resolution No. 2024-47
Exhibit 2 - Solar Shade Structure — May 31, 2023
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 403

RESOLUTION NO. 2024-47

A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF BELL

GARDENS, CALIFORNIA, APPROVING THE CONSTRUCTION OF

SOLAR PANELS ON THE BICYCLE CASINO PARKING LOT IN

ACCORDANCE WITH THE BICYCLE CASINO PARKING FACILITY

GROUND LEASE
WHEREAS, the Bell Gardens Community Development Commission F/K/A The Bell Gardens Redevelopment Agency (the "Commission") and The Bicycle Casino, a California limited partnership entered into that certain Bicycle Casino Parking Facility Ground Lease on May 12, 2008 (the "Master Lease"), establishing a leasehold for Parcel A, Parcel B, and Parcel C identified in the Master Lease, and incorporated by reference herein; and
WHEREAS, through full conveyance, from the Commission to the City of Bell Gardens ("City"), through Grant Deed recorded on July 5, 2011, in the Official Records of Los Angeles County, California as Instrument No. 20120193712, the City is the owner and lessor of that certain real property located in Bell Gardens, California and identified as Parcel A in the Master Lease; and
WHEREAS, through full conveyance, from the Commission to the City, through Grant Deed recorded on July 5, 2011, in the Official Records of Los Angeles County, California as Instrument No. 20110903860, the City is the owner and lessor of that certain real property located in Bell Gardens, California and identified as Parcel B in the Master Lease; and
WHEREAS, under the Long-Range Management Plan approved by the California Department of Finance on December 22, 2015, the City assumed by operation of law all obligations under the Master Lease. Parcel A, Parcel B, and Parcel C are collectively referred to as the "Premises"; and
WHEREAS, Parkway Bicycle Casino ("Tenant"), a California limited partnership, purchased The Bicycle Casino and assumed operations through a gambling license transfer approved by the Bureau of Gambling Control on March 24, 2022; and WHEREAS, Tenant assumed the Master Lease on March 29, 2022 pursuant to City Council action memorialized in Resolution No. 2022-26; and WHEREAS, the Master Lease provides that Tenant may construct certain improvements on the Premises, at Tenant's sole cost and expense, with City Council approval and under terms and conditions provided for by Governmental Regulations and customary City approvals for project design, construction quality, and aesthetic requirements; and
WHEREAS, Tenant intends to construct solar panels on a portion of the Premises, Exhibit 1 404

Resolution No. 2024-47
in accordance with the Master Lease, and will submit formal development plans to City Planning and City Council for permits and approvals prior to construction.

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

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

SECTION 2. The City Council approves the construction of solar panels on the Premises, subject to compliance with all City permitting requirements and project specific approvals from City Planning and City Council.

SECTION 3. The City Council further authorizes the City Manager to execute any ancillary documents related to the Master Lease, and to any subsequent amendments, extensions, or any other documents consistent with this Resolution.

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

PASSED, APPROVED and ADOPTED this 24t" day of June, 2024.

THE CITY OF BELL GARDENS
Gabriela Gomez, Mayor
APPROVED AS TO FORM: ATTEST:

Stephanie Vasquez Daisy Gomez
City Attorney City Clerk
[Signatures on the following page]

Page 2 ends

Exhibit 1 405

Resolution No. 2024-47
I, , City Clerk of the City of Bell Gardens, hereby CERTIFY that City Council Resolution No. was adopted by the Bell Gardens City Council at a regular meeting of the City Council held on and was approved and passed by the following vote:

AYES:

NOES:

ABSTAIN:

ABSENT:

Daisy Gomez, City Clerk

Page 3 ends

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CITY OF BELL GARDENS

OFFICE OF THE CITY MANAGER
f b .

AGENDAREPORT
Item 11.

TO: Honorable Mayor and City Council Members
FROM: Michael B. O'Kelly, City Manager
BY: Paul Camacho, Chief of Police
SUBJECT: RECOMMENDATION OF APPROVAL OF WIRELESS COMMUNICATIONS USE AND

ACCESS AGREEMENT WITH INTERAGENCY COMMUNICATIONS

INTEROPERABILITY SYSTEM, JPA
DATE: June 24, 2024
RECOMMENDATION:

It is staff's recommendation that the City Council approve a five-year agreement between the Interagency Communications I nteroperability System (ICI), a California Joint Powers Authority, and the City of Bell Gardens.

BACKGROUND/DISCUSSION:

In 2019, the City of Bell Gardens entered into a 5-year agreement with the Interagency Communications I nteroperability System (ICI), a California Joint Powers Authority Agency, to manage the operation of police department radio resources. Over the first five years of the agreement, the ICI System has consistently provided excellent radio service to the Bell Gardens Police Department.

With the existing agreement about to expire, ICI has offered the City of Bell Gardens the opportunity to enter into a new 5-year agreement which would commence on July 1, 2024 and would expire on June 30, 2029. The proposed new agreement offers the exact cost of $25 per radio per month, with no annual acceleration charges. This results in an annual not-to-exceed amount of$30,000 which will amount to a total agreement amount of$165,000.

CONCLUSION:

Our current I C I agreement has provided the Bell Gardens Police Department with excellent radio resources. Staff recommends the City Council approve the new I Cl agreement to continue radio services with I C 1.

FISCAL IMPACT:

The cost of the Police Department's ICI system consists of one-time costs and costs that will be part of the Department's annual operating costs. The new agreement offers a $25 monthly radio, with no annual acceleration charges. This results in a annual not-to-exceed cost of $33,000, which will amount to a total agreement cost of $165,000.

ATTACHMENTS:

Exhibit 1 - Resolution No. 2024-48
Exhibit 2 -Agreement with I C I
APPROVED ELECTRONICALLY BY:
416

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 417

RESOLUTION NO. 2024-48

A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF BELL

GARDENS, CALIFORNIA, APPROVING A WIRELESS

COMMUNICATIONS USE AND ACCESS AGREEMENT BY AND

BETWEEN THE CITY OF BELL GARDENS INTERAGENCY

COMMUNICATIONS INTEROPERABILITY SYSTEM, JPA
WHEREAS, the City of Bell Gardens ("City") is currently in an agreement with Interagency Communications Interoperability System Governance Board ("ICI System") which maintains an infrastructure which provides for a wide area interoperable radio system; and
WHEREAS, the City maintains Public Safety Land Mobile Radio (LMR) communications systems and devices compatible with the ICI System and desires to access and employ the system for purposes of public safety operational communications consistent with the purpose and mission of the ICI System; and WHEREAS, the City desires to enter into a another 5-year term Wireless Communications Use and Access Agreement to continue to access the ICI System.

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

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

SECTION 2. The City Council hereby approves a Wireless Communications Use and Access Agreement by and between the City and ICI System, in a form approved by the City Attorney.

SECTION 3. The City Council hereby authorizes the City Manager to execute the Wireless Communications Use and Access Agreement along with all documents reasonably necessary to effectuate the intent of this Resolution.

Resolution No. 2024-48
PASSED, APPROVED, and ADOPTED this 24t" day of June 2024.

THE CITY OF BELL GARDENS
Gabriela Gomez, Mayor
APPROVED AS TO FORM: ATTEST:

Stephanie Vasquez Daisy Gomez
City Attorney City Clerk
2of3
Exhibit 1 419

Resolution No. 2024-48
I, , City Clerk of the City of Bell Gardens, hereby CERTIFY that City Council Resolution No. was adopted by the Bell Gardens City Council at a regular meeting of the City Council held on and
was approved and passed by the following vote:

AYES:

NOES:

ABSTAIN:

ABSENT:

Daisy Gomez
City Clerk

Page 3 of 3 ends

Exhibit 1 420

WIRELESS COMMUNICATIONS USE AND ACCESS AGREEMENT BETWEEN THE

ICI SYSTEM AND THE CITY OF BELL GARDENS FOR PURPOSES OF OPERATING

POLICE DEPARTMENT RADIO RESOURCES UPON THE ICI SYSTEM
THIS AGREEMENT, made and entered into this 1st day of July, 2024, by and between the Interagency Communications Interoperability System (ICI System), JPA, and the City of Bell Gardens, California ("Subscriber").

RECITALS
Whereas the Member Agencies of the Interagency Communications Interoperability System Governance Board ("ICI System") have built and maintain an infrastructure which provides for a wide area interoperable radio system; and Whereas the Member Agency Systems have the technical ability and capacity to host additional radio resources which may communicate upon the regional system as determined by the ICI System Technical Committee; and
Whereas the Governance Board has approved by Motion to host Subscriber's Police Department's radio units upon the system; and
Whereas Subscriber is a government entity that maintains Public Safety Land Mobile Radio (LMR) communications systems and devices compatible with the ICI System and desires to access and employ the system for purposes of public safety operational communications consistent with the purpose and mission of the ICI System; NOW THEREFORE, the parties agree as follows:

1.0 TERM
The term of this Agreement shall begin on the date set forth above and shall continue for five (5) years (the "Initial Term"). Either party, by notifying the other party in writing, may upon sixty (60) calendar days notice, terminate any portion or all of the services agreed to be performed under this Agreement. ICI System reserves the right to immediately discontinue Subscriber access to the system in the event of any intentional misuse or inappropriate employment of system resources or in the event of non-payment of applicable fees.

2.0 DESCRIPTION OF SERVICES

2.1 Assignment of Talk Groups: ICI System shall provide Subscriber use of specific Talk Groups within the ICI System trunked communications network.

These Talk Groups will be identified and allocated for a number of radios set forth by the ICI System Technical Committee. Talk Groups shall only be programmed in and employed by those radios for which fees have been assessed.

BELL GARDENS PD DIRECT SUBSCRIBER AGREEMENT 1
Exhibit 2 421

2.2 Restrictions on Use of Talk Groups: Subscriber shall access only those Talk Groups previously approved and assigned to Subscriber. Any use of Talk Groups by Subscriber shall be in accordance with the rules and regulations of the Federal Communications Commission and state and federal law. Talk Groups shall only be used in the course of Subscriber's official business. Subscriber shall not utilize ICI System or ICI System Member Talk Groups for any other purpose. Subscriber shall not provide system access, including access to their assigned Talk Group(s), to any third party without the express approval of ICI System and any affected ICI System Member Agency in conformance with Subscriber and Affiliate procedures.

2.3 Restrictions on System Sites: ICI System Member Agency(s) may in the event of a localized technical issue restrict Subscribers from Roaming into and upon a Member Agency's specific cell if the Member Agency determines it has insufficient capacity to accommodate system loading. In such cases the affected Member Agency will cause timely notification to both ICI System and the Subscriber Agency and services will be restored by the Member Agency as soon as practicable.

2.4 Fees: Monthly Fees per Radio for Subscriber are $25.00 for the duration of this Agreement. Subscriber shall pay Subscription Fees assessed per radio directly to ICI System in advance on an annual basis. Annual Fees are due within 90 days of the start of each Fiscal Year or within 90 days of the effective date of the Subscriber Agreement or the date Subscriber begins use of the System whichever is later. Partial year agreements shall be prorated. Failure to deposit applicable fees will result in suspension of system access by Subscriber's resources. ICI System will invoice Subscriber Agency directly for applicable fees.

Fees are established by the Governance Board. Changes in Subscriber's Radio Count should be reported to ICI System by June 1 annually.

3.0 PROJECT MANAGEMENT.

The ICI System Executive Director or a designee shall serve as ICI System project manager. The Chief of Police or a designee, shall serve as Subscriber's project manager. The project managers (or designees) shall be available to meet at a mutually agreed upon time and place to coordinate and review the use of the Talk Groups.

4.0 INDEMNIFICATION.

Subscriber agrees to indemnify, hold harmless, defend, and release Member Agency(s) and the ICI System JPA, their elected officials, officers, employees, and representatives from any and all liability, loss, suits, claims, damages, costs, judgments and expenses (including attorney's fees and costs of litigation) which in whole or in part result from, or arise out of, or are claimed to result from or to arise out of services, equipment or materials provided under this Agreement, including but not limited to the failure of any portion of the ICI System.

BELL GARDENS PD DIRECT SUBSCRIBER AGREEMENT 2
Exhibit 2 422

5.0 LIMITATION OF LIABILITY.

To the maximum extent permitted by applicable law, in no event will Member Agencies, ICI System, or its affiliates, be liable for indirect, incidental, special, exemplary, or consequential damages whatsoever (including without limitation, damage for loss of profits, business interruption, loss of business information, or any other loss) arising out of, or resulting from the services whether arising in tort (including negligence), contract or any other legal theory, even if ICI System has been advised of the possibility of such damages. In any case, ICI System's maximum cumulative liability and Subscriber's exclusive remedy for any claims whether in contract or tort or otherwise, arising out of or related to services or these terms and conditions will be limited to the amount actually paid by Subscriber to ICI System for the services during the six months immediately preceding any such liability.

6.0 DISCLAIMER.

The services provided pursuant to this Agreement are offered with no warranty.

Use of the products or services provided pursuant to this Agreement are at the Subscriber's sole risk. ICI SYSTEM DOES NOT REPRESENT OR WARRANT

THAT THE SERVICES WILL MEET SUBSCRIBER'S REQUIREMENTS OR WILL BE UNINTERRUPTED, SECURE OR ERROR-FREE.

7.0 GENERAL PROVISIONS.

7.1 Successors: Each and every one of the terms, covenants, and conditions of this Agreement shall inure to the benefit of and shall bind, as the case may be, not only the parties hereto but each and everyone of the heirs, executors, administrators, successors, assigns, and legal representatives of the parties hereto.

7.2 Assignment: Neither party shall assign, transfer, or sell any of its rights or responsibilities under this Agreement. Any such purported assignment shall be void.

7.3 Compliance with Laws: Each party agrees to comply with all existing and future ordinances, rules, laws and regulations of any governmental agency that are applicable to the ICI System or the operations of the parties on the ICI System.

7.4 Force Majeure: If performance is prevented because of the occurrence of force majeure, act of God, epidemic, fire, casualty, lockout, riot, war, blackout, air raid, air raid alarm, act of public enemy, or other causes of similar nature, such occurrences shall be considered a valid excuse of nonperformance or delay in the performance by such party hereunder, and in the event of such occurrence, such suspension continuing until said event or occurrence terminates and the Agreement shall be extended for a period equal to the duration of the suspension; provided, however, that if such suspension continues for a period of one (1) year, this Agreement shall terminate. Should this Agreement be suspended or terminate pursuant to this paragraph Subscriber, shall thereupon BELL GARDENS PD DIRECT SUBSCRIBER AGREEMENT 3
Exhibit 2 423

pay to ICI System any debt then owing to ICI System pursuant to this Agreement on the date of such suspension or termination.

7.5 Waiver; Remedies Cumulative: By entering this Agreement, no party waives any of the immunities provided by the Government Code or other applicable provisions of law. This Agreement is not intended to confer any legal rights or benefits on any person or entity other than the parties of this Agreement.

7.6 Mitigation of Damages: In all situations arising out of this Agreement, the parties, shall attempt to avoid and minimize the damages resulting from the conduct of the other party.

7.7 Governing Law: This Agreement, and the rights and obligations of the parties, shall be governed and interpreted in accordance with the laws of the State of California. Should litigation occur, venue shall be in the Superior Court of the Los Angeles County.

7.8 Attorney Fees: If any legal action is necessary to enforce any provision of this Agreement or for damages by reason of an alleged breach of any provisions of this Agreement, the prevailing party shall be entitled to receive from the losing party all costs and expenses in such amount as the court may determine to be reasonable. In awarding the cost of litigation, the court shall not be bound by any court fee schedule, but shall if it is in the interest of justice to do so, award the full amount of costs, expenses, attorney's fees paid or incurred in good faith.

7.9 Captions: The captions or headings in this Agreement are for convenience only and in no other way define, limit or describe the scope or intent of any provision or section of the Agreement.

7.10 Authorization: Each party has expressly authorized the execution of this Agreement on its behalf and bind said party and its respective administrators, officers, directors, divisions, subsidiaries, agents, employees, insurance carriers and any others who may claim through it to this Agreement.

7.11 Entire Agreement Between Parties: This Agreement supersedes any other agreements, either oral or in writing, between the parties hereto with respect to the rendering of services, and contains all of the covenants and agreements between the parties with respect to said services. Modifications to the terms, scope of work and additions or deletions to this Agreement will be effective only upon written approval signed by authorized representatives of both parties.

7.12 Partial Invalidity: If any provision in this Agreement is held by a court of competent jurisdiction to be invalid, void or unenforceable, the remaining provisions will nevertheless continue in full force without being impaired or invalidated in any way.

BELL GARDENS PD DIRECT SUBSCRIBER AGREEMENT 4
Exhibit 2 424

7.13 Notices: For the purpose of notifying or contacting the other party relative to any matter concerning this Agreement, a party shall mail such notice to the party to be notified, by United States Mail, first class postage prepaid, addressed as follows:

Interagency Communications Interoperability System, JPA 613 East Broadway, Room 200
Glendale, CA 91206
ICISystem.org
Executive Director— Raymond Edey
[email protected]
818-548-3151/818-535-2970
City of Bell Gardens Police Department
Chief Paul Camacho
7100 Garfield Avenue
Bell Gardens, CA 90201
(562)806-7696
[email protected]
Any notice so delivered shall be effective upon the date of personal delivery or, in the case of mailing, on the date of mailing. Either party may change the specified person or address at which it is to receive notices by giving ten (10) days notice of such change to the other party in writing.

In recognition of the obligations stated in this Agreement, the parties have executed this agreement on the date indicated above.

7.14 Digital Signatures. A signed copy of this Agreement or any amendment thereto bearing a digital signature, shall be deemed to have the same legal effect as delivery of an original executed copy of this Agreement or such amendment thereto for all purposes, and each digital signature should be given the same legal force and effect as a handwritten signature.

ICI System: City of Bell Gardens:

By By
Name: Michael Ellis Name: Michael B O'Kelly
Title: Governance Board Chair Title: City Manager BELL GARDENS PD DIRECT SUBSCRIBER AGREEMENT 5
Exhibit 2 425

CITY OF BELL GARDENS

OFFICE OF THE CITY MANAGER
f b .

AGENDAREPORT
Item 12.

TO: Honorable Mayor and City Council Members
FROM: Michael B. O'Kelly, City Manager
BY: Bernardo I niguez, Director of Public Works/Facilities Douglas Benash, P.E., City Engineer
SUBJECT: RECOMMENDATION OF APPROVAL OF CONSTRUCTION CONTRACT WITH RESOURCE ENVIRONMENTAL, INC. FOR THE SOIL REMEDIATION PROJECT AT FORMER BERK OIL SITE (CIP NO. 3927)
DATE: June 24, 2024
RECOMMENDATION:

It is staff's recommendation that the City Council:

1. Award a Construction Contract to Resource Environmental, Inc. (RE 1) in the amount of $2,289,000.40 for the Soil Remediation Project at Former Berk Oil Site; Cl P No. 3927, and waive any and all minor irregularities in the bid documents submitted by RE I; and

2. Authorize the City Manager to execute the agreement and approve change orders that may be necessary during construction to cover any unforeseen conditions in an amount not to exceed 10% of the construction contract.

BACKGROUND/DISCUSSION:

The former Berk Oil site on Shull Street (Project Site) is included in the Department of Toxic Substances Control's (DTSC's) EnviroStor system, which tracks the cleanup, permitting, enforcement, and investigation efforts for sites with known or potential contamination. In August 2011, DTSC approved a Targeted Site Investigation for the Project Site, which consisted of a contiguous series of vacant parcels, bounded by residences to the north, and to the west by the 1 710 freeway. The Los Angeles Regional Water Quality Control Board (Regional Board) is the Lead Agency working with DTSC and the City of Bell Gardens (City)for the Project Site's cleanup activities. The Project Site is an Open Site Assessment with the Regional Board as of October 19, 2015.

The City received a grant, known as the Equitable Community Revitalization Grant (ECRG), to provide financial assistance to communities via reimbursable grants to clean up brownfield sites. Brownfields are sites that are contaminated or thought to be contaminated with hazardous waste and are underutilized due to perceived remediation costs and liability concerns. Cleanup of Brownfields eliminates the threat from hazardous substances and it also enables abandoned or underutilized land to be used for productive reuse, such as residential or commercial development. The ECRG is an opportunity to address the historical disproportionate impacts to communities and to revitalize land for public benefit.

On February 12, 2024, the City Council approved the plans and specifications and authorized staff to solicit bids for the Soil Remediation Project at the Former Berk Oil Site (the "Project"). The Project scope of work included, but was not limited to, site preparation activities (removal of shallow debris, loose and disturbed soil, building foundations, and asphalt/pavement surfaces), export and offsite recycling/disposal of materials generated during site preparation, excavation of approximately 8,100 bank cubic yards of impacted soil, export and offsite disposal of 426

impacted soil, import of backfill material (as needed), excavation backfilling and compaction and/or recontouring of removal areas to eliminate trip/fall/entrapment hazards, and site restoration.

On March 19, 2024, the City received seven bids. Staff determined that the bid solicitation materials needed to be revised to obtain a bid that was more appropriate for the City's needs; therefore, a rejection of bids was recommended. On April 22, 2024, the City Council approved the rejection of bids.

On May 13, 2024, the City Council approved the revised plans and specifications and authorized staff to solicit bids for the Project. On June 11, 2024, the City received a total of nine bid proposals for the Project, as illustrated below:

Bidders Base Bid
Amount
Resource Environmental, Inc. $2,317,000.00
Engineering/Remediation $2,459,415.28
Resources Group
ET I C (Courtnery Aubert) $2,473,412.50
American Integrated Services $2,544,902.00
Aro I ndustries $2,550,254.00
El Capitan Environmental $2,661,634.00
Services
Griffith Company $2,680,568.00
Engineering & Environmental $2,740,729.70
Construction
Remedial Transportation $2,883,805.00
Services, Inc.

Staff conducted an analysis of the apparent lowest bidder, RE 1. This analysis included a review of their bid schedule, bid bond, license, references, and all required documentation. REI's license is current and active, and reference checks revealed that REI's previous projects were completed satisfactorily, with no contractor-initiated change orders. REI's DI R Registration was also reviewed and deemed satisfactory. It has been determined that RE I is the lowest responsive and responsible bidder.

In reviewing the bid sheet submitted by RE I, the unit prices and extensions were correct; however, staff found a mathematical error in the subtotal of Item B (Mobilization and Site Preparation). The bid sheet shows a total of $252,058.40 for Item B, which erroneously includes the subtotal of $28,000 from Item A (Submittals and Work Plans). The correct subtotal for Item B should be $224,058.40, which results in a revised total bid amount of $2,289,000.40 instead of $2,317,000.00.

Based on this minor and in-material mathematical error, staff recommends waving the minor bid irregularity and awarding the contract to RE I in the amount of $2,289,000.40.

ENVI RONMENTAL ANALYSIS:

The Regional Board has completed an Initial Study for the Project in accordance with CEQA (Pub. Resources Code, div. 13, § 21000 et seq) and accompanying Guidelines [California Code of Regulations [CCR], tit. 14, § 15000 et seq]. The Regional Board, acting as the Lead Agency, has the primary responsibility for carrying out or approving the Project, whereas the DTSC, acting as the Responsible Agency, has discretionary authority over a project through management of the ECRG that the City received from DTSC. Based on the Initial Study, the Regional Board is recommending a finding that the Project could not have a significant effect on the environment; 427

therefore, a Negative Declaration will be prepared.

CONCLUSION:

If the Construction Contract is awarded, staff will process the contract for signatures and coordinate a pre- construction meeting.

FISCAL IMPACT:

The Project's construction cost was estimated to be $3,205,700. The Construction Contract to RE I would be for an amount of $2,289,000.40. There is no impact to the City's general fund. The Project will be funded through the reimbursement-based ECRG of $6,495,000 the City received from DTSC.

The estimated Project expenditures, excluding City staff costs, are as follows:

Construction Plans, Specifications, and $1,629,907 Testing/Sampling
Bid Evaluation/Tabulation $9,680
Construction Management & Inspection (includes $119,141 Project Management & Administration, Fund Administration, and Labor Compliance)
Project Closeout $9,680
Site Remediation Bid Construction Cost $2,289,000 Contingency(10%) $228,900
Publication & Misc. Costs $1,200
ESTIMATED PROJECT EXPENDITURES $4,287,508
ATTACHMENTS:

Exhibit 1 - Construction Contract
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 428

CITY OF BELL GARDENS

CONSTRUCTION CONTRACT
FOR

SOIL REMEDIATION PROJECT AT FORMER BERK OIL SITE
C.I.P. NO. 3927

IN THE CITY OF BELL GARDENS
THIS CONSTRUCTION CONTRACT (hereinafter, "Contract") is made and entered into this day of 2024 (hereinafter, the "Effective Date") by and between the CITY OF BELL GARDENS, a municipal corporation (hereinafter, "CITY') and RESOURCE ENVIRONMENTAL, INC. (hereinafter, "CONTRACTOR"). For the purposes of this Contract, CITY and CONTRACTOR may be referred to collectively by the capitalized term "Parties." The capitalized term "Party" may refer to CITY or CONTRACTOR interchangeably as appropriate.

RECITALS
WHEREAS, CITY requires soil remediation public works construction at the former Berk Oil Site, CIP No. 3927 (hereinafter, the "Project"); and WHEREAS, on May 13, 2024, the City Council approved the plans and specifications and authorized staff to solicit bids for the Project; and WHEREAS, CITY issued a notice inviting competitive bids for the Project on May 14, 2024; and
WHEREAS, following the opening of bids on June 11, 2024, CONTRACTOR was determined to be the lowest responsive and responsible bidder for the Project.

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

ARTICLE I (CONTRACT DOCUMENTS)
The contract documents for the Project shall consist of the Notice Inviting Sealed Bids, Instructions to Bidders, General Specifications, Standard Specifications, Special Provisions, Plans, and all referenced specifications, details, standard drawings, and appendices, any and all addenda, Proposal, Bidder Information, all required bonds, insurance certificates, this Contract, permits, notices, affidavits and any future supplemental agreements or Contract change orders, as they may be approved by CITY Exhibit 1 429

(hereinafter "Contract Documents"). All of the provisions of the Contract Documents are made a part hereof as though fully set forth herein.

ARTICLE II (WORK TO BE PERFORMED)
CONTRACTOR agrees to furnish all tools, equipment, apparatus, facilities, labor, transportation, and material necessary to perform and complete in a good and workmanlike manner the Project, as called for, and in the manner designated in, and in strict conformity with, the Contract Documents. It is understood and agreed that the tools, equipment, apparatus, facilities, labor, transportation, and material shall be furnished and the work performed and completed as required in the Drawings and Specifications under the sole direction and control of the CONTRACTOR, and subject to inspection and approval of the CITY, or its representatives.

ARTICLE III (CONTRACT PRICE)
CITY agrees to pay and the CONTRACTOR agrees to accept, in full payment for the work above agreed to be done, the sum of TWO MILLION TWO HUNDRED EIGHTY NINE THOUSAND DOLLARS AND FORTY CENTS ($2,289,000.40) for the Project (hereinafter, the "Bid Price"). CONTRACTOR agrees to receive and accept the prices set forth in the Proposal as full compensation for furnishing all materials, performing all work, and fulfilling all obligations hereunder. Said compensation shall cover all expenses, losses, damages, and consequences arising out of the nature of the work during its progress or prior to its acceptance, including those for well and faithfully completing the work and the whole thereof in the manner and time specified in the aforesaid Contract Documents; and also including those arising from actions of the elements, unforeseen difficulties or obstructions encountered in the prosecution of the work, suspension or discontinuance of the work, and all other unknowns or risks of any description connected with the work.

As authorized by the City Council at its Regular Meeting of June 24, 2024, and subject to any applicable restrictions set forth under the Bell Gardens Municipal Code as the same may be amended from time to time or applicable State law, CITY, in its sole and absolute discretion, may authorize expenditures in excess of the Bid Price without further City Council approval provided such additional expenditures do not cumulatively exceed an amount equal to ten percent (10%) of the Bid Price. Any such additional expenditures must be approved by the City Manager in writing before they may be incurred.

Exhibit 1 430

(a) If the notice is given to the CITY, by personal delivery thereof, or by depositing the same in the United States mail, enclosed in a sealed envelope, postage prepaid, and certified; addressed to the CITY at:

City of Bell Gardens
Public Works Department
Attn: Director of Public Works/Facilities
Bell Gardens City Hall
7100 Garfield Avenue
Bell Gardens, CA 90201
(b) If the notice is given to the CONTRACTOR, by personal delivery thereof to said CONTRACTOR or to its duly authorized representative at the site of the Project, or by depositing the same in the United States mail, enclosed in a sealed envelope, postage prepaid, and certified; addressed to the CONTRACTOR at:

Resource Environmental, Inc.
13100 Alondra Boulevard, Suite 108
Cerritos, CA 90703
Attn: Richard Miller, CEO/COO/Secretary
Phone: 562-468-7000
(c) If the notice is given to the surety or any other person, by personal delivery to such surety or other person, or by depositing the same in the United States mail, enclosed in a sealed envelope, addressed to such surety or other person, as the case may be, at the address of such surety or person last communicated by it to the party giving the notice, postage prepaid and certified.

ARTICLE V (INSURANCE)
CONTRACTOR acknowledges the provisions of the State Labor Code requiring every employer to be insured against liability for worker's compensations, or to undertake self- insurance in accordance with the provisions of that code and certified compliance with such provisions. CONTRACTOR further acknowledges the provisions of the State Labor Code requiring every employer to pay at least the minimum prevailing rate per diem wages for each craft classification or type of workman needed to execute this contract as determined by the Director of Labor Relations of the State of California. CONTRACTOR understands that Project is funded with Federal funds and, as such, the Project is subject to Federal prevailing wages. CONTRACTOR shall pay the higher of the Federal or State prevailing wages.

CONTRACTOR agrees to indemnify, defend and hold harmless CITY and all if its officers and agents from any claims, demand or causes of action, including related expenses, attorney's fees, and costs, based on, arising out of, or in any way related to the work undertaken by CONTRACTOR hereunder. The liability insurance coverage values shall be:

Exhibit 1 431

Insurance Coverage Requirements Limit Requirements Comprehensive General Liability $1,000,000
Product/Completed Operations Hazard $1,000,000
Comprehensive Automobile Liability $1,000,000
Contractual General Liability $1,000,000
Worker's Compensation Statute
A combined single-limit policy with aggregated limits in the amount of $2,000,000 will be considered equivalent to the required minimum limits.

The issuer shall be an "admitted surety insurer" duly authorized to transact business under the laws of the State of California.

Acceptable insurance coverage shall be placed with the carriers admitted to write insurance in California or carriers with a rating of or equivalent to A-Vill by A.M. Best & Co. Any deviation from this rule shall require specific approval, in writing, from the CITY.

Insurance shall name the CITY and CITY's elected and appointed officials, officers, employees, agents and volunteers as additional. A copy of the endorsement, showing policy limits, shall be provided to the CITY on or before signing this contract.

ARTICLE VI (EXECUTION)
CONTRACTOR affirms that the signatures, titles and seals set forth hereinafter in execution of this Contract represent all individuals, firm members, partners, joint ventures, and/or corporate officers having principal interest herein.

ARTICLE VII (COMPLETION DATE)
The total Contract time for completion of this Project is seventy (70) working days from the effective date of notice to proceed to be issued by the CITY.

The liquidated damages for this Project is Five Hundred Dollars ($500) per calendar day for each calendar day the Project is not completed to the satisfaction of the CITY within the contract time including any extension of time granted by the CITY.

ARTICLE VIII (RECORDS & AUDITS)
CONTRACTOR shall maintain accounts and records, including personnel, property, and financial records, adequate to identify and account for all costs pertaining to the contract and such other records as may be deemed necessary by the CITY to assure proper accounting for all Project funds. These records will be made available for audit purposes to the CITY or any authorized representative and will be retained for 5 years after the expiration of this contract unless permission to destroy them is granted by the CITY.

Exhibit 1 432

ARTICLE IX (PREVAILING WAGES)
(a) CONTRACTOR agrees to comply with the provisions of California Labor Code Section 1773.8, which requires the payment of travel and subsistence payments to each worker needed to execute the work to the extent required by law. (b) By the execution of this Contract, CONTRACTOR hereby certifies that it is registered with the California Department of Industrial Relations as required pursuant to Labor Code section 1725.5 (contractor registration).
(c) CONTRACTOR agrees to comply with the provisions of California Labor Code Section 1774 and 1775 concerning the payment of prevailing rates of wages to workers and the penalties for failure to pay prevailing wages. The CONTRACTOR shall, as a penalty to the CITY, forfeit no more than fifty dollars ($50) for each calendar day, or portion thereof, for each worker paid less than the prevailing rates as determined by the Director of Industrial Relations for the work or craft in which the worker is employed for any public work done under the contract by CONTRACTOR or by a subcontractor. (d) CONTRACTOR agrees to comply with the provisions of California Labor Code Section 1776 which requires CONTRACTOR and each subcontractor to (i) keep accurate payroll records, (ii) certify and make such payroll records available for inspection as provided by Section 1776, and (iii) inform the CITY of the location of the records.

CONTRACTOR is responsible for compliance with Section 1776 by itself and all of its subcontractors.
(e) CONTRACTOR agrees to comply with the provisions of California Labor Code Section 1777.5 concerning the employment of apprentices on public works projects, and further agrees that CONTRACTOR is responsible for compliance with Section 1777.5 by itself and all of its subcontractors.
(f) CONTRACTOR agrees to comply with the provisions of California Labor Code Section 1813 concerning penalties for workers who work excess hours without approval of the CITY. CONTRACTOR shall, as a penalty to the CITY, forfeit twenty-five dollars ($25) for each worker employed in the execution of the contract by the CONTRACTOR or by any subcontractor for each calendar day or portion thereof during which such worker is required or permitted to work more than eight (8) hours in any one calendar day and forty (40) hours in any one calendar week in violation of the provisions of Division 2, Part 7, Chapter 1, Article 3 of the California Labor Code. CONTRACTOR may, with the approval of the Director of Public Works/Facilities, or their designee, use its employees to carry out work on the Project beyond the normal eight (8) hour workday and on Saturdays, Sundays and Holidays provided the employees are paid at the following hourly rates:
• Week days (Monday through Fridays) after eight (8) hours daily and not to exceed twelve (12) hours daily total per day and not exceeding forty- eight (48) hours work in a seven (7) day period week at one and one- Exhibit 1 433

half (1.5) times the prevailing hourly wage for the initial eight (8) hours of regular work time for the time worked after the initial eight (8) hours regular time.
• Saturdays, Sundays and Holidays for time worked after forty (40) hours of regular work time in a seven (7) day period week at the rate of two (2.0) times the prevailing hourly wage for the initial eight (8) hours of regular weekday work time and not to exceed a total of forty-eight (48) hours of work within the seven (7) day work week period. (g) California Labor Code Sections 1860 and 3700 provide that every contractor will be required to secure the payment of compensation to its employees. In accordance with the provisions of California Labor Code Section 1861, CONTRACTOR hereby certifies as follows:
"I am aware of the provisions of Section 3700 of the Labor Code which require every employer to be insured against liability for worker's compensation or to under self-insurance in accordance with the provisions of that Code, and I will comply with such provisions before commencing the performance of the work of this Contract."

ARTICLE X (PROMPT PAYMENT)
Prompt Progress Payment to Subcontractors
Attention is directed to Section 7108.5 of the California Business and Professions Code, which requires a prime CONTRACTOR or subcontractor to pay any subcontractor not later than ten (10) days of receipt by CONTRACTOR of each progress payment, unless otherwise agreed to in writing.
(SIGNATURES ON NEXT PAGE)
Exhibit 1 434

IN WITNESS THEREOF the parties hereto for themselves, their heirs, executors, administrators, successors, and assigns do hereby agree to the full performance of the covenants herein contained and have caused this Construction Contract to be executed in triplicate by setting hereunto their names, titles, hands, and seals this day of 20
Contractor:
(Signature)
Name and Title (Printed)
CONTRACTOR'S License No. License Class
CONTRACTOR Business License No.

Federal Tax Identification No.

Subscribed and sworn to this day of 20

NOTARY PUBLIC
CITY:

City Manager
Attested:

City Clerk
Date
Approved as
to form:

City Attorney
Date
Exhibit 1 435

FAITHFUL PERFORMANCE BOND
FOR

SOIL REMEDIATION PROJECT AT FORMER BERK OIL SITE
CIP NO. 3927
The CITY OF BELL GARDENS, hereinafter "City," entered into a Contract dated 20 with hereinafter Contractor," for the
work described as follows:

Soil Remediation Project at Former Berk Oil Site (CIP No. 3927) WHEREAS, said Contractor is required under terms of said Contract to furnish a bond for the faithful performance of said Contract; and
WHEREAS, the Contract is by reference made a part hereof.

NOW, THEREFORE, we, the undersigned
Contractor, as Principal, and [corporate surety] , a corporation organized and existing under the laws of the State of and duly authorized to transact business under the laws of the State of California, as Surety, are held and firmly bound unto the City in the penal sum of , lawful money of the United States, said sum being not less than one hundred percent (100%) of the total Contract amount, for the payment of which sum be made, we bind ourselves, our heirs, executors, administrators, and successors, jointly and severally, firmly by these presents.

THE CONDITION OF THIS OBLIGATION IS SUCH, THAT, if the above-bounded Contractor, its heirs, executors, administrators, successors or assigns, shall in all things stand to and abide by, and perform the covenants, conditions, and agreements in said Contract and any alterations thereof made as therein provided, on its part, to be kept and performed at the time and in the manner therein specified, and in all respects according to their true intent and meaning, and shall indemnify and save harmless the City, its officers and agents, as therein stipulated, then this obligation shall become null and void; otherwise it shall be and remain in full force and virtue.

As a condition precedent to the satisfactory completion of said Contract, the above obligation in said amount shall hold good for a period of one (1) year after the completion and acceptance of said work, during which time if the above-bounded Contractor, its heirs, executors, administrators, successors or assigns shall fail to make full, complete, and satisfactory repair and replacements or totally protect the City from loss or damage made evident during said period of one (1) year from the date of acceptance of said work, and resulting from or caused by defective materials or faulty workmanship in the prosecution of the work done, the above obligation in said sum shall remain in full force Exhibit 1 436

and effect. However, anything in this paragraph to the contrary notwithstanding, the obligation of the Surety hereunder shall continue so long as any obligation of the Contractor remains.

And the Surety, for value received, hereby stipulates and agrees that no change, extension of time, alteration or addition to the terms of the Contract or to the work to be performed thereunder or the specifications accompanying the same shall, in any way, affect its obligations on this bond and it does hereby waive notice of any such change, extension of time, alteration, or addition to the terms of the Contract or to the work or the specifications. Said Surety hereby waives the provisions of Sections 2819 and 2845 of the Civil Code of the State of California.

In the event suit is brought upon this bond by the City and judgment is recovered, the Surety shall pay all costs incurred by the City in such suit, including reasonable attorneys' fees to be fixed by the Court.

IN WITNESS WHEREOF, we have hereunto set our hands and seals this day of 20
(Contractor as Principal)
(Seal) By:
(Seal) By:

NOTE: If Contractor is a Partnership, all parties must execute the Bond.

IMPORTANT: Surety companies executing Bonds must appear on the Treasury Department's most current list (Circular 570 as amended) and be authorized to transact business in California.

Exhibit 1 437

LABOR AND MATERIALS BOND
FOR

SOIL REMEDIATION PROJECT AT FORMER BERK OIL SITE
CIP NO. 3927
The CITY OF BELL GARDENS, hereinafter "City," has awarded to ,hereinafter"Contractor," a Contract for the work described as follows..

Soil Remediation Project at Former Berk Oil Site (CIP No. 3927) WHEREAS, the Contractor is required by the Contract and by the provisions of Third Division, Part 4, Title 15, Chapter 7 of the Civil Code to furnish a bond in connection with the Contract, as hereinafter set forth.

NOW, THEREFORE, we, the undersigned
Contractor, as Principal, and a corporation organized and existing under the laws of the State of duly authorized to transact business under the laws of the State of California, as Surety, are held and firmly bound unto the in the sum of
( ), said
sum being not less than one hundred (100%) percent of the total Contract amount payable by the City, under the terms of the Contract, for which payment well and truly to be made, we bind ourselves, our heirs, executors and administrators, successors and assigns, jointly and severally, firmly by these presents.

THE CONDITION OF THIS OBLIGATION IS SUCH, THAT, if the Contractor, its heirs, executors, administrators, successors, and assigns or subcontractors shall fail to pay for any materials, provisions, provender or other supplies or teams, implements or machinery used in, upon, for or about the performance of the work contracted to be done, or shall fail to pay for any work or labor thereon of any kind, or shall fail to pay any persons named in Civil Code section 9100, or shall fail to pay for amounts due under the Unemployment Insurance Code with respect to such work or labor thereon of any kind, or shall fail to pay for any amounts required to be deducted, withheld, and paid over to the Employment Development Department from the wages of employees of the Contractor and subcontractors pursuant to Section 13020 of the Unemployment Insurance Code with respect to such work or labor, and provided that the claimant shall have complied with the provisions of that code, the Surety or Sureties hereon will pay for the same in an amount not exceeding the sum specified in the Contract; otherwise, the above obligation shall be void. In case suit is brought upon this bond, the Surety will pay reasonable attorneys' fees to the prevailing party to be fixed by the court.

Exhibit 1 438

This bond shall insure to the benefit of any and all persons, companies and corporations entitled to file claims under Section 9100 of the Civil Code, so as to give a right of action to them or to their assigns in any suit brought upon this bond.

It is further stipulated that the Surety of this bond shall not be exonerated or released from the obligation of the bond by any change, extension of time for performance, addition, alteration, or modification in, to, or of any contract, plans, specifications, or agreement pertaining or relating to any scheme or work of improvement described above or pertaining or relating to the furnishing of labor, materials, or equipment therefor, nor by any change or modification of any terms of payment or extension of the time for any payment pertaining or relating to any scheme or work of improvement described above, nor by any rescission or attempted rescission of the Contract, agreement, or bond, nor by any conditions precedent or subsequent in the bond attempting to limit the right of recovery of claimants otherwise entitled to recover under any such contract or agreement or under the bond, nor by any fraud practiced by any person other than the claimant seeking to recover on the bond, and that this bond be construed most strongly against the Surety and in favor of all persons for whose benefit such bond is given, and under no circumstances shall Surety be released from liability to those for whose benefit such bond has been given, by reason of any breach of contract between the City and original contractor or on the party of the obligee named in such bond, but the sole conditions of recovery shall be that claimant is a person described in Sections 8400 and 8402 of the California Civil Code and has not been paid the full amount of its claim and that Surety does hereby waive notice of any such change, extension of time, addition, alteration, or modification.

IN WITNESS WHEREOF, we have hereunto set our hands and seals this day of 20 (Contractor as Principal)
(Seal) By:
(Seal) By:

NOTE: If Contractor is a Partnership, all partners should execute Bond.

IMPORTANT: Surety companies executing Bonds must appear on the Treasury Department's most current list (Circular 570 as amended) and be authorized to transact business in California.

Exhibit 1 439

"Contract Documents"
Due to size limitations, Contract Documents can be found in the below link:
it . / 1 pi it WI IFP IFI /.1_ / , or they can be found at the City Clerk's Office of the City of Bell Gardens.

Exhibit 1 440

CITY OF BELL GARDENS

OFFICE OF THE CITY MANAGER
f b .

AGENDAREPORT
Item 13.

TO: Honorable Mayor and City Council Members
FROM: Michael B. O'Kelly, City Manager
BY: Bernardo I niguez, Director of Public Works/Facilities Douglas Benash, P.E., City Engineer
SUBJECT: RECOMMENDATION OF APPROVAL OF CONSTRUCTION CONTRACT WITH ROY ALLAN SLURRY SEAL, INC. FORTHE SLURRY SEAL IMPROVEMENT ZONE 5 (CIP NO. 3929)
DATE: June 24, 2024
RECOMMENDATION:

It is staff's recommendation that the City Council:

1. Award a Construction Contract to Roy Allan Slurry Seal, Inc. in the amount of $163,949.88 for the Slurry Seal Improvement Zone 5; C I P No. 3929; and

2. Authorize the City Manager to execute the agreement and approve change orders that may be necessary during construction to cover any unforeseen condition in an amount not to exceed 5% of the construction contract.

BACKGROUND/DISCUSSION:

On April 22, 2024, the City Council approved the plans and specifications and authorized staff to solicit bids for the Slurry Seal Improvement Zone 5 (the "Project"). The Project scope of work consists of furnishing all materials, equipment, tools, labor, and incidentals as required by the Plans, Specifications, and Contract documents. The general items of work include slurry seal, cold milling, overlaying of existing AC Pavement, striping, markings, curb painting, and all other items not mentioned but indicated in the Project plans and specifications.

The seven street segments within the scope of the Project are listed below, along with the Public Works Corporation Yard parking lot which is in need of slurry sealing to extend the life of the pavement:

Zone 5
• Gallant Street from Garfield Avenue to Ramish Avenue
• Kress Avenue from Clara Street to Florence Avenue
• Emil Avenue from Scout Street to Live Oak Street
• Live Oak Street from Emil Avenue to Scout Avenue
• Emil Avenue from Fry Street to Florence Place
• Sudan Avenue from Fry Street to Florence Place
• Fry Street from Emil Avenue to Perry Road
City Facility
• Public Works Corporation Yard Parking Lot
441

On May 29, 2024, the City received a total of four(4) bid proposals for the Project, as illustrated below:

Bidders Base Bid Amount
Roy Allan Slurry Seal, Inc. $163,949.88
American Asphalt South, Inc. $171,412.30
Pavement Coatings Co. $172,376.95
All American Asphalt $252,132.00
Staff conducted an analysis of the apparent lowest bidder, Roy Allan Slurry Seal, Inc. (Roy Allan). This analysis included a review of their bid schedule, bid bond, license, references, and all required documentation. Roy Allan's license is current and active, and reference checks revealed Roy Allan's previous projects were completed satisfactorily, with no contractor-initiated change orders. Roy Allan's DI R Registration was also reviewed and deemed satisfactory. It has been determined that Roy Allan is the lowest responsive and responsible bidder.

Therefore, staff recommends the award of a construction contract to Roy Allan in the amount of $163,949.88.

ENVIRONMENTAL ANALYSIS:

Pursuant to the California Environmental Quality Act (CEQA) (Public Resources Code §§ 21000, et seq.) and CEQA Guidelines (California Code of Regulations, Title 14, §§ 15000, et seq.), the City conducted an environmental assessment. Based on the environmental assessment, the Project was determined to be categorically exempt pursuant to CEQA Guidelines § 15303 (Class 1 — Existing Facilities). A Notice of Exemption for the Project will be prepared and filed with the L.A. County Registrar Recorder's Office.

CONCLUSION:

If the Construction Contract is awarded, staff will process the contract for signatures and coordinate a pre- construction meeting.

FISCAL IMPACT:

The Project's estimated construction cost was $166,100. The Construction Contract to Roy Allan would be for an amount of $163,949.88. The City's FY 23-24 Cl P budget includes $100,000 of Measure M Funds, $100,000 of Measure R Funds, and $24,100 of Gas Tax funds to complete the Project. The Public Works Corporation Yard parking lot slurry seal would be funded through the Gas Tax fund allocation.

The estimated Project expenditures are as follows:

Design $13,540
Project Management $6,770
Construction Management& Inspection (including Labor Compliance) $11,847 Funding Administration $2,539
Street Slurry Seal Bid Construction Cost $157,670.52 PW Corporation Yard Bid Construction Cost $6,279.36 Contingency(5%) $8,197
Publication & Misc. Costs $1,200
ESTIMATED PROJECT EXPENDITURES $208,043.37
442

ATTACHMENTS:

Exhibit 1 - Construction Contract
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 443

CITY OF BELL GARDENS

CONSTRUCTION CONTRACT
FOR
SLURRY SEAL IMPROVEMENT ZONE 5
CIP NO. 3929

IN THE CITY OF BELL GARDENS
THIS CONSTRUCTION CONTRACT (hereinafter, "Contract") is made and entered into this day of 2024 (hereinafter, the "Effective Date") by and between the CITY OF BELL GARDENS, a municipal corporation (hereinafter, "CITY") and ROY ALLAN SLURRY SEAL, INC. (hereinafter, "CONTRACTOR"). For the purposes of this Contract, CITY and CONTRACTOR may be referred to collectively by the capitalized term "Parties." The capitalized term "Party" may refer to CITY or CONTRACTOR interchangeably as appropriate.

RECITALS
WHEREAS, CITY requires public works construction slurry seal improvement Zone 5, CIP No. 3929 (hereinafter, the "Project"); and
WHEREAS, on April 22, 2024, the City Council approved the plans and specifications and authorized staff to solicit bids for the Project; and WHEREAS, CITY issued a notice inviting competitive bids for the Project on May 9, 2024; and
WHEREAS, following the opening of bids on May 29, 2024, CONTRACTOR was determined to be the lowest responsive and responsible bidder for the Project.

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

Exhibit 1 444

ARTICLE III (CONTRACT PRICE)
CITY agrees to pay and the CONTRACTOR agrees to accept, in full payment for the work above agreed to be done, the sum of ONE HUNDRED SIXTY THREE THOUSAND NINE HUNDRED FORTY-NINE DOLLARS AND EIGHTY-EIGHT CENTS ($163,949.88) for the Project (hereinafter, the "Bid Price"). CONTRACTOR agrees to receive and accept the prices set forth in the Proposal as full compensation for furnishing all materials, performing all work, and fulfilling all obligations hereunder. Said compensation shall cover all expenses, losses, damages, and consequences arising out of the nature of the work during its progress or prior to its acceptance, including those for well and faithfully completing the work and the whole thereof in the manner and time specified in the aforesaid Contract Documents; and also including those arising from actions of the elements, unforeseen difficulties or obstructions encountered in the prosecution of the work, suspension or discontinuance of the work, and all other unknowns or risks of any description connected with the work.

As authorized by the City Council at its Regular Meeting of June 24, 2024, and subject to any applicable restrictions set forth under the Bell Gardens Municipal Code as the same may be amended from time to time or applicable State law, CITY, in its sole and absolute discretion, may authorize expenditures in excess of the Bid Price without further City Council approval provided such additional expenditures do not cumulatively exceed an amount equal to five percent (5%) of the Bid Price. Any such additional expenditures must be approved by the City Manager in writing before they may be incurred.

ARTICLE IV (NOTICE AND SERVICE THEREOF)
Any notice from one party to the other under the Contract shall be in writing and shall be dated and signed by the party giving such notice or by a duly authorized representative of such party. Any such notice shall not be effective for any purpose whatsoever unless served in the following manner, namely:
(a) If the notice is given to the CITY, by personal delivery thereof, or by depositing the same in the United States mail, enclosed in a sealed envelope, postage prepaid, and certified; addressed to the CITY at:

Exhibit 1 445

Roy Allan Slurry Seal, Inc.
12643 Emmens Way
Santa Fe Springs, CA 90670
Attn: Lawrence Allan, President
Phone: 562-864-3363
(c) If the notice is given to the surety or any other person, by personal delivery to such surety or other person, or by depositing the same in the United States mail, enclosed in a sealed envelope, addressed to such surety or other person, as the case may be, at the address of such surety or person last communicated by it to the party giving the notice, postage prepaid and certified.

Insurance Coverage Requirements Limit Requirements Comprehensive General Liability $170007000
Exhibit 1 446

Product/Completed Operations Hazard $1,000,000
Comprehensive Automobile Liability $1,000,000
Contractual General Liability $1,000,000
Worker's Compensation Statute
A combined single-limit policy with aggregated limits in the amount of $2,000,000 will be considered equivalent to the required minimum limits.

The issuer shall be an "admitted surety insurer" duly authorized to transact business under the laws of the State of California.

ARTICLE VII (COMPLETION DATE)
The total Contract time for completion of this Project is thirty-five (35) working days from the effective date of notice to proceed to be issued by the CITY.

Exhibit 1 447

eight (48) hours work in a seven (7) day period week at one and one- half (1.5) times the prevailing hourly wage for the initial eight (8) hours of regular work time for the time worked after the initial eight (8) hours regular time.
• Saturdays, Sundays and Holidays for time worked after forty (40) hours of regular work time in a seven (7) day period week at the rate of two (2.0) times the prevailing hourly wage for the initial eight (8) hours of regular weekday work time and not to exceed a total of forty-eight (48) hours of work within the seven (7) day work week period. (g) California Labor Code Sections 1860 and 3700 provide that every contractor will be required to secure the payment of compensation to its employees. In accordance with the provisions of California Labor Code Section 1861, CONTRACTOR hereby certifies as follows:
"I am aware of the provisions of Section 3700 of the Labor Code which require every employer to be insured against liability for worker's compensation or to under self-insurance in accordance with the provisions of that Code, and I will comply with such provisions before commencing the performance of the work of this Contract."

Federal Tax Identification No.

Subscribed and sworn to this day of 20

NOTARY PUBLIC
CITY:

City Manager
Attested:

City Clerk
Date
Approved as
to form:

City Attorney
Date
Exhibit 1 450

FAITHFUL PERFORMANCE BOND
FOR
SLURRY SEAL IMPROVEMENT ZONE 5
CIP NO. 3929
The CITY OF BELL GARDENS, hereinafter "City," entered into a Contract dated 20 with hereinafter Contractor," for the
work described as follows:

Slurry Seal Improvement Zone 5 — CIP No. 3929
WHEREAS, said Contractor is required under terms of said Contract to furnish a bond for the faithful performance of said Contract; and
WHEREAS, the Contract is by reference made a part hereof.

and effect. However, anything in this paragraph to the contrary notwithstanding, the obligation of the Surety hereunder shall continue so long as any obligation of the Contractor remains.

IN WITNESS WHEREOF, we have hereunto set our hands and seals this day of 20
(Contractor as Principal)
(Seal) By:
(Seal) By:

NOTE: If Contractor is a Partnership, all parties must execute the Bond.

IMPORTANT: Surety companies executing Bonds must appear on the Treasury Department's most current list (Circular 570 as amended) and be authorized to transact business in California.

Exhibit 1 452

LABOR AND MATERIALS BOND
FOR
SLURRY SEAL IMPROVEMENT ZONE 5
CIP NO. 3929
The CITY OF BELL GARDENS, hereinafter "City," has awarded to ,hereinafter"Contractor," a Contract for the work described as follows..

Slurry Seal Improvement Zone 5 — CIP No. 3929
WHEREAS, the Contractor is required by the Contract and by the provisions of Third Division, Part 4, Title 15, Chapter 7 of the Civil Code to furnish a bond in connection with the Contract, as hereinafter set forth.

Exhibit 1 453

IN WITNESS WHEREOF, we have hereunto set our hands and seals this day of 20 (Contractor as Principal)
(Seal) By:
(Seal) By:

NOTE: If Contractor is a Partnership, all partners should execute Bond.

IMPORTANT: Surety companies executing Bonds must appear on the Treasury Department's most current list (Circular 570 as amended) and be authorized to transact business in California.

Exhibit 1 454

Exhibit 1 455

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: Elizabeth Nava, Director of Recreation and Community Services SUBJECT: ADOPTION OF RESOLUTION ACCEPTING FUNDING FROM THE LA84 FOUNDATION DATE: June 24, 2024
RECOMMENDATION:

It is staff's recommendation that the City Council by motion adopt the attached resolution approving an grant agreement with the LA84 Foundation.

BACKGROUND/DISCUSSION:

I n June of this year, the Recreation and Community Services Department staff received notice that the City would be receiving $20,000 in grant funds from the LA84 Foundation to go towards scholarships for a learn to swim program.

The City must approve a grant agreement with LA84 in order to accept these grant funds. These funds allow the City the opportunity to provide 625 residents with free swim lessons. Staff are hopeful that an increased amount of funds will be available in the coming years which will allow the City to expand it's Learn To Swim Program and offer even more residents with free swimming lessons.

CONCLUSION:

The adoption of the attached resolution approving of a grant agreement, formalizes the agreement with the LA84 Foundation and allows the City Manager to execute any and all invoices on behalf of the City.

FISCAL IMPACT:

This is a one-time lump sum grant paid to the City.

ATTACHMENTS:

Exhibit 1 - Resolution No. 2024-49
Exhibit 2 -Agreement
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 456

RESOLUTION NO. 2024-49

A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF

BELL GARDENS, CALIFORNIA APPROVING A GRANT

AGREEMENT BY BETWEEN THE CITY OF BELL
GARDENS AND LA84 FOUNDATION
WHEREAS, LA84 Foundation is desirous of providing assistance to the City of Bell Gardens ("City") youth residents in the amount of Twenty Thousand Dollars ($20,000) for the purpose of providing support scholarships for a learn to swim program; and WHEREAS, a Grant Agreement must be executed before the City can receive funding for this purpose; and
WHEREAS, the City of Bell Gardens wishes to enter in to a Grant Agreement with LA84 Foundation.

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

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

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

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

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

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

Exhibit 1 457

Resolution No. 2024-49
PASSED, APPROVED, and ADOPTED this 24t"day of June, 2024.

THE CITY OF BELL GARDENS
Gabriela Gomez
Mayor
APPROVED AS TO FORM: ATTEST:

Stephanie Vasquez Daisy Gomez
City Attorney City Clerk
[Signatures on the following page]
2of3
Exhibit 1 458

Resolution No. 2024-49
I, City Clerk of the City of Bell Gardens, hereby CERTIFY that City Council Resolution No. was adopted by the Bell Gardens City Council at a regular meeting of the City Council held on and was approved and passed by the following vote:

AYES:

NOES:

ABSTAIN:

ABSENT:

Daisy Gomez
City Clerk
3of3
Exhibit 1 459

Project Name: LTS 2024 - Bell Gardens
LA84 Aquatics - Summer 2024 (Learn to Swim)
Foundation

GRANT AGREEMENT
THIS GRANT AGREEMENT is made and entered into by and between the LA84 FOUNDATION (the "Foundation") and City of Bell Gardens (the "Grantee").

RECITALS
A. The Foundation, a California nonprofit public benefit corporation, is organized for the purpose of aiding and assisting, through contributions and otherwise, amateur sports programs, primarily for youth, in the Southern California area and desires to make a grant to the Grantee in furtherance of that purpose.

B. The Grantee is willing to accept such grant on the terms and conditions of this Agreement.

TERMS & CONDITIONS
In consideration of the facts recited above and the mutual covenants, conditions and representations set forth herein, the parties agree, and covenant as follows:

1. Grant. Subject to the provisions of this Agreement, the Foundation hereby agrees to grant the sum of not more than $20,000 (the "Grant") to the Grantee for the purposes set forth on Schedule A attached hereto. If the Grant is payable over more than one year, notwithstanding any other statements in the Agreement or any Schedules thereto to the contrary, all funding for years subsequent to the initial year's funding are provisional awards to be awarded at the Foundation's sole and absolute discretion and are also contingent upon (a) approval by the Foundation's President and CEO; (b) availability of the funds; (c) receipt of satisfactory annual narrative and financial reports; and (d) receipt of satisfactory budgets and plans for the subsequent years' activities. The Foundation shall have no obligation, to segregate or set aside any funds or assets for the payment of the Grant.

Operational implementation of the Grant is the sole responsibility of the Grantee. Other than payment of the grant award, it is expressly understood that the Foundation has no obligation to provide other or additional support for this or any other project or purposes. The Grantee shall use the Grant solely for the purposes, and for organizing, implementing, and conducting the program (the "Program"), set forth on Schedule A attached hereto. Notwithstanding any other provision of this Agreement, the Grant shall be used only for charitable and educational purposes qualifying under Section 170(c)(2)(B) of the Internal Revenue Code of 1986, as amended (the "Code"), and neither the Grant nor the income therefrom may be used for purposes other than those so described. Subject to the provisions of Paragraphs 3 and 8 herein, the Grant shall be payable as set forth on Schedule B attached hereto.

The Grantee covenants that it will hold all unexpended amounts of the Grant in interest-bearing bank accounts with the bank or banks set forth on Exhibit B attached hereto. The Grant will commence on date of approval June 4, 2024 and conclude on September 30, 2024.

Project Name: LTS 2024-Bell Gardens Aquatics-Summer 2024(Learn to Swim) 1 Exhibit 2 460

2. Program. As an inducement to the Foundation to make the Grant, the Grantee has previously submitted a written proposal (the "Proposal") to the Foundation, which Proposal includes a description of the Program. The Grantee acknowledges that the Grant is expressly made in reliance on the Proposal and a review of financial information and a final budget submitted by the Grantee. Accordingly, the Grantee shall notify the Foundation immediately, in writing, of any material change in the facts set forth in the Proposal or in any other information or document submitted to the Foundation. Without the advance written consent of the Foundation, the Grantee shall not expend any part of the Grant or interest thereon whether for any purpose or item in excess of the amount budgeted for such purpose or item on the final budget for the Program submitted by the Grantee to the Foundation.

3. Conditions to Grant. Except as such conditions may be waived in writing by the Foundation, the Foundation's obligations to make the Grant and, if the Grant is payable in installments, to pay each installment thereof shall be subject to each of the following conditions:
(a) All necessary approvals and consents to the payment of the Grant shall, to the satisfaction of the Foundation, have been obtained and not revoked. (b) No legal, administrative, or other proceeding shall be pending that questions the legality of the Grant.
(c) The conditions set forth on Schedule C attached hereto shall have been fully satisfied.

4. Covenants of Grantee. The Grantee covenants with the Foundation as follows:
(a) To repay any portion of the Grant which is not used for the purposes of the Grant. (b) To submit to the Foundation full and complete at least periodic reports, not less frequently than annual, on the manner in which the Grant is spent and the progress made in accomplishing the purposes of the Grant.
(c) To maintain records of receipts and expenditures and to make its books and records relating to the Grant available to the Foundation at reasonable times. (d) Not to use any of the Grant (i) to carry on propaganda, or otherwise to attempt, to influence legislation (within the meaning of Section 4945(d)(1) of the Code), (ii) to influence the outcome of any specific public election, or to carry on, directly or indirectly, any voter registration drive (within the meaning of Section 4945(d)(2) of the Code), (iii) to make any grant which does not comply with the requirements of Section 4945(d)(3) or (4) of the Code or (iv) to undertake any activity for any purpose other than one specified in Section 170(c)(2)(13) of the Code. (e) In the performance of this Agreement, the expenditure of the Grant and the organization, implementation and conduct of the Program (i) to comply with all applicable laws, regulations and union agreements to which it is bound and (ii) not to discriminate on the basis of race, color, national origin, age, sex, sexual orientation, marital status, creed, religion, citizenship, ancestry or political affiliation.
(f)Without the prior written approval of the Foundation, and except for salaries specifically identified in the Proposal, not to transfer or pay, whether or not for value, any portion of the Grant to (i) any person or entity who directly or indirectly controls, is controlled by or is under common control with the Grantee, (ii) any person or entity who is an officer, employee, partner or trustee Project Name: LTS 2024-Bell Gardens Aquatics-Summer 2024(Learn to Swim) 2 Exhibit 2 461

of, or serves in a similar capacity with respect to, the Grantee or(iii) any person or entity of which the Grantee or any of its officers, employees, partners or trustees is the beneficial owner of 5% or more of the equity interests therein.
(g) If the Grantee discovers that any of the Representations made by it in Section 5 below were not correct or should any facts change such that any of the representations made are no longer accurate, to provide the Foundation immediate written notice of the same. (h) If any losses, injuries, or damages are sustained by or to any person or property, relating to the program being funded under this Agreement, to immediately notify the Foundation in writing regarding the same.

5. Representations of Grantee. The Grantee represents and warrants to the Foundation that:
(a) The Grantee is exempt from federal income tax under IRS Section 501(c)(3) and it is not a private foundation as defined in IRS Section 509(a). The Grantee further represents and warrants that (a) the facts supporting the Grantee's tax-exempt and public charity status under IRS Sections 501(c)(3) and 509(a) have not changed since the issuance of its IRS determination letter, (b) it is not aware of any facts which could result in a change in its tax-exempt and public charity status under IRS Sections 501(c)(3) or 509(a) or relevant state law, or the imposition of excise taxes under IRS Section 4958 dealing with "intermediate sanctions," (c) the receipt of the grant funds will not change the Grantee's public charity status under IRS Section 509(a) and (d) that the Grantee does not support or conduct, directly or indirectly, violence or terrorist activities of any kind. Such representations and warranties shall continue through the completion date of this Grant.
(b) This Agreement has been duly authorized, executed and delivered by the Grantee, and constitutes a legal, valid, and binding obligation of the Grantee for the benefit of the Foundation.
(c) All proceedings legally required to be taken by the Grantee in connection with the authorization of this Agreement and of the transactions related thereto, and all approvals, authorizations, consents and other orders of public boards or bodies as may be legally required to be obtained by the Grantee prior to the date hereof with respect to all or any of such matters, have been taken or obtained.
(d) The execution and delivery of this Agreement by the Grantee, and the performance by the Grantee of its obligations hereunder, do not (i) violate any provisions of the Articles of Incorporation, Bylaws or other governing instrument of the Grantee, (ii) violate any law, rule or regulation having applicability to the Grantee or any order, writ,judgment, decree, determination or award to which the Grantee is a party or(iii) result in the breach of or constitute a default under any agreement, lease or instrument to which the Grantee is a party or by which the Grantee is bound.
(e) No audit, investigation, proceeding or other inquiry is pending by the Internal Revenue Service, the Franchise Tax Board or the Attorney General of any state with respect to the Grantee or any affiliated organization, and no legal, administrative or other proceeding is pending that questions the legality of the Grant, except as is disclosed on Schedule C attached hereto. (f) Grantee acknowledges that it has a written policy that addresses its commitment to keep children safe from sexual abuse by preventing, recognizing, and responding to situations both on and off the playing field that in any way compromises their safety.

Project Name: LTS 2024-Bell Gardens Aquatics-Summer 2024(Learn to Swim) 3 Exhibit 2 462

6. Publicity. Grantee agrees to use its best efforts to promote its grantee/grantor relationship with the Foundation through social media platforms including, but not limited to, Facebook, Twitter, and YouTube. Grantee agrees to provide name and email of organization's board members and key staff. The Foundation will only use this information to communicate about its activities and will not share this information with others. All promotional and advertising materials, including announcements, brochures, publications, films, videotapes, exhibitions and visual materials, produced or authorized by the Grantee relating to the Program shall, to the extent directed by the Foundation, give credit to the Foundation at least as prominent as that given any other person, organization or entity which makes a grant or contribution of funds to the Grantee. The Foundation shall have the right, but not the obligation, to review in advance and approve the contents of all press announcements issued by the Grantee, the planning of all press events, and the contents of all promotional and advertising materials relating to the Grant and the Program. The Foundation may, in its discretion, also publish and distribute promotional materials relating to the Program and the Grant. The publication of such materials may include, but not be limited to, the Foundation's website and social media (e.g. Facebook and Twitter). The Grantee shall have no right to use any symbol, logo, trade name or trademark of the Foundation without the Foundation's advance written consent.

7. Reports and Records. The Grantee agrees to submit such reports, in addition to the reports required under Paragraph 4(b) hereof, as may be requested by the Foundation, in such form as the Foundation may prescribe at reasonable intervals, relating to the Grantee's performance of or ability to fulfill its obligations under this Agreement. Notwithstanding the foregoing, the Grantee shall timely submit such reports as are described on Schedule D attached hereto. The Grantee shall maintain complete, accurate, and current records of all income and expenses relating to the Program and the Grant. During the term of this Agreement and at any time within five (5) years thereafter, the Grantee shall maintain and make such records available upon request to the Foundation for review, copying and audit. In addition, the Grantee agrees to cooperate fully with the Foundation, and to allow the Foundation and any person designated by it full and complete access to the facilities, activities and operations of the Grantee, for the purpose of auditing, monitoring and evaluating the Program, the Grant and the compliance of the Grantee with the terms and conditions of this Agreement.

8. Termination. The Foundation shall have the right to terminate this Agreement and the Grant at its sole and absolute discretion, with or without cause. Upon termination of this Agreement by the Foundation, the Foundation shall be relieved from making any further payments to the Grantee in regard to the Grant. In the event the termination is pursuant to a determination by the Foundation that the Grantee(a) has misrepresented any material fact or supplied false or misleading material information to the Foundation in the Proposal or otherwise in regard to this Agreement or the Grant, (b) has diverted any payments made under this Agreement to a purpose other than that permitted hereunder, (c) has failed to maintain or provide any material records or reports required to be maintained or provided hereunder or(d) has terminated, abandoned, cancelled or substantially altered, or is likely to terminate, abandon, cancel or substantially alter, the Program, the Foundation may require the Grantee to refund any or all payments of the Grant heretofore made. The foregoing remedies of the Foundation are in addition to any other remedies provided by law, and all such remedies shall be cumulative and not exclusive.

9. No Liability. The Grantee shall, to the fullest extent permitted by law, indemnify, defend and hold the Foundation (along with its officers, directors, employees and agents) harmless from and against any and all claims, liabilities, losses, and expenses (including reasonable attorneys' fees) directly, indirectly, wholly, or partially arising from or in connection with any act or omission of the Grantee, its employees, or agents, in any manner arising out of or incident to the performance of this Project Name: LTS 2024-Bell Gardens Aquatics-Summer 2024(Learn to Swim) 4 Exhibit 2 463

Agreement or the planning, arranging, implementing, sponsoring or conducting of the Program or any other program or activity by the Grantee. IN NO CASE SHALL THE FOUNDATION BE LIABLE TO THE GRANTEE OR ANY THIRD PARTY FOR CONSEQUENTIAL DAMAGES. The Foundation shall have no liability for any debts, liabilities, deficits or cost overruns of the Grantee. It is expressly understood by the parties that no director, member, officer, employee or other representative of the Foundation shall incur any financial responsibility or liability of any kind or nature whatsoever in connection with this Agreement or any subsequent agreement between the parties regarding the subject matter hereof. The parties agree that the liability of the Foundation hereunder shall be limited to the payment of the Grant pursuant to the terms and conditions of this Agreement. Any contracts entered into or other obligations or liabilities incurred by the Grantee in connection with the Program or otherwise relating to this Agreement shall be the sole responsibility of the Grantee, and the Foundation shall have no obligation or liability whatsoever thereunder or with respect thereto. The Grantee covenants that all contracts to which it shall become a party in regard to the Program and/or the Grant shall include the following clause:
"It is expressly agreed and understood that neither the LA84 Foundation (the "Foundation") nor any director, member, officer, employee or other representative of the Foundation shall incur any financial responsibility or liability of any kind or nature whatsoever in connection with this Agreement, and that the foregoing provisions concerning financial responsibility or liability shall be expressly included in and made a part of any and all agreements between the parties subsequent to this Agreement."

10. Insurance. The Grantee represents and warrants that (a) it is, and will continue to be, adequately insured against all risks, including such risks as would be covered by fire and property damage, worker's compensation, automobile and comprehensive general liability insurance, and professional liability with respect to the conduct of the Program and all other programs and activities of the Grantee and (b) the premises and facilities of third parties where the Grantee conducts and will conduct its programs and activities also are and will be so adequately insured, except as expressly set forth on Schedule C attached hereto. Exhibit C shall serve as applicable insurance and additional insurance provisions that the Grantee shall provide to LA 84 Foundation. As constituted by this agreement, the Grantee shall furnish the Fund the policy or policies of insurance or applicable certificate of insurance or either written evidence satisfactory to the Fund, evidencing the insurance carried by or otherwise benefiting the Grantee the requirements set forth in exhibit C. The Grantee covenants that it will cause the Fund to be added as an additional insured on all policies of insurance carried by the Grantee.

11. Other Provisions. This Agreement and the Proposal together constitute the entire agreement of the parties with respect to the subject matter hereof, and the provisions hereof and thereof have superseded any and all prior and contemporaneous agreements or understandings relating to the matters specifically addressed herein or therein. Failure or inability of either party to enforce any right hereunder shall not waive any right with respect to any other or future rights or occurrences, nor shall waiver of any condition or right in any instance be deemed a waiver of any condition or right in any other instance. If any legal action or other proceeding is brought for the enforcement of this Agreement, or because of an alleged or actual dispute, breach, default or misrepresentation in connection with any of the provisions of this Agreement, the successful or prevailing party shall be entitled to recover reasonable attorney's fees and other costs incurred in such action or proceeding in addition to any other relief to which it may be entitled. This Agreement and the Grantee's rights, duties and obligations hereunder may not be assigned by the Grantee without the prior written consent of the Foundation. Any attempt at assignment shall be void and a material breach of this Agreement by the Grantee. This Agreement has been negotiated, executed, and delivered and will be performed in the State of California Project Name: LTS 2024-Bell Gardens Aquatics-Summer 2024(Learn to Swim) 5 Exhibit 2 464

and shall be governed by and construed in accordance with its laws. The Schedules attached hereto are incorporated herein by reference and made a part of this Agreement as if fully set forth herein.

12. Amendments and Modifications. This Agreement may be amended or modified only by a written instrument executed by the Foundation and by the Grantee. Notwithstanding the foregoing, modifications to the scope of the Program, alterations in the funding schedule, revisions to the Proposal and other changes to the terms and conditions of this Agreement set forth on the Schedules attached hereto may be effectuated by the substitution of replacement Schedule(s), provided that such replacement Schedule(s) are executed by both the Foundation and the Grantee.

13. Survival. The obligations set forth in Sections 7, 9, 11, 14, 15 and 16 shall survive the termination of this Agreement.

14. Notice. All notices, requests or consents required or permitted under this Agreement shall be in writing and shall be given to the other party by personal delivery, overnight delivery, or regular certified mail, sent to such party's address as is set forth below such party's signature hereto or to any other address as any party to whom notice is to be given may have previously furnished to the other as set forth in this provision. Each such notice, request or consent shall be deemed effective upon receipt.

15. Confidentiality. 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 noted as confidential or privileged. The parties acknowledge that the Grantee, in connection with this Agreement, may acquire certain Confidential Information (as defined below) related to the Foundation. Grantee shall not divulge or disclose, without the Foundation's prior written approval, nor use for the benefit of any person or entity other than the Foundation, any Confidential Information that may become known to the Grantee by reason of this Agreement or otherwise. Grantee further agrees to prevent its agents and employees from divulging or disclosing any such Confidential Information or from using such Confidential Information for the benefit of any person or entity other than the Foundation. "Confidential Information" of the Foundation shall include, but not be limited to, the existing or future services, products, operations, management, business, financial information, goals, profits, billings, referral, research services, strategies, technology, trademarks, know-how, member lists and objectives of the Foundation, except to the extent that such release of such information was authorized by the Foundation or such information is generally available or known to the public or becomes known to the public through means other than a breach of this Agreement or by any person or entity having an obligation to keep such information confidential. All information which the Grantee acquires or becomes acquainted with during the term of this Agreement, whether developed by Grantee or by others, which the Grantee has a reasonable basis to believe to be Confidential Information, or which is treated by the Foundation as being Confidential Information, shall be presumed to be Confidential Information.

16. Independent Contractor. The Grantee is an independent contractor, and nothing herein shall be construed to create an employment, joint employment, partnership, joint venture, agency, or any other kind of relationship between Grantee and the Foundation. In no event shall the Grantee or its employees, independent contractors, or agents, if any, be considered employees of the Foundation. The Grantee shall not have, nor shall the Grantee claim or imply that the Grantee has, any authority to enter into any obligation on behalf of, or binding upon, the Foundation. The Grantee is an independent contractor and is solely responsible for all taxes, witholdings, and other statutory or contractual obligations of any sort, including, but not limited to, workers' compensation insurance. The Grantee and tis employees are not eligible for, and shall not participate in, any employee pension, health, welfare, or other fringe benefit plan, of the Foundation.

Project Name: LTS 2024-Bell Gardens Aquatics-Summer 2024(Learn to Swim) 6 Exhibit 2 465

17. Signatures. This Agreement may be executed in counterparts, each of which shall be deemed to be an original, but all of which, taken together, shall constitute one and the same agreement.

In the event that any signature is delivered by e-mail delivery of a ".pdf' format data file, such signature shall create a valid and binding obligation of the party executing (or on whose behalf such signature is executed) with the same force and effect as if such ".pdf' signature page were an original thereof.

18. Dispute Resolution. Any controversy or claim arising out of or relating to this Agreement, or the breach thereof, shall be settled by arbitration before an experienced arbitrator licensed to practice law in California in accordance with the Commercial Arbitration Rules of the American Arbitration Association (the "Association") in Los Angeles, California. The arbitration decision shall be final and binding upon the parties and may be entered as a judgement in any court of competent jurisdiction. In addition to the aware of any other remedy or relief, the prevailing party in any such arbitration proceeding shall be entitled to his or its reasonable attorneys'fees and costs (including,without limitation, arbitrators' fees, Association fees and related fees) incurred in connection with such proceeding.

IN WITNESS WHEREOF, the parties have executed this Grant Agreement on 12024.

GRANTEE: FOUNDATION:

City of Bell Gardens LA84 FOUNDATION
7100 Garfield Ave 2141 West Adams Blvd.

Bell Gardens, CA 90201 Los Angeles, CA 90018
BY: BY:

Michael B. O'Kelly Renata Simril
City Manager President& CEO
Project Name: LTS 2024-Bell Gardens Aquatics-Summer 2024(Learn to Swim) 7 Exhibit 2 466

SCHEDULE A
DESCRIPTION OF PROGRAM AND PURPOSES:

The purpose of this Grant to City of Bell Gardens is to fund 100% free scholarships to benefit 1,000 youth from a mostly Latinx community.

The program description and budget are attached hereto and incorporated herein by this reference.

GRANT TITLE: LTS 2024 - Bell Gardens Aquatics - Summer 2024 (Learn to Swim)
NAME OF ORGANIZATION: City of Bell Gardens
AMOUNT AWARDED: $20,000
PROGRAM DESCRIPTION:

Funding will provide a 100% free scholarship for up to 1000 youth for a community that identifies as majority Latinx (96%) and experiences a poverty rate at 23.6%. The swim program has historically seen an 80% advancement rate, meaning youth are able to matriculate into more advanced skill lessons. Bell Gardens includes services specifically for their special needs community, led by their pool manager, a certified Registered Behavior Technician, and advised by a Behavior Analyst who conduct trainings on behavior interventions and modifications. The City is in partnership with another municipality-grantee, the City of Montebello to manage and use their pool facility. The entire grant funds will be used for scholarship, and while staff recommendation is less than the grantee's proposal, it remains double what they received in the previous year.

BUDGET SUMMARY
LA84
Foundation
Scholarships for Learn to Swim youth $20,000 Total: $20,000
Project Name: LTS 2024-Bell Gardens Aquatics-Summer 2024(Learn to Swim) 8 Exhibit 2 467

SCHEDULE B
The funding schedule set forth below constitutes an estimate of the Grantee's need for funds based upon the Proposal. The amounts and timing of the payment of installments of the Grant as set forth in such funding schedule are subject to change, in the discretion of the Foundation, in the following circumstances:

1. Reports required by Paragraph 7 of the Grant Agreement and/or by Schedule D attached thereto are not submitted in a timely manner or with all required information.

2. The Program is modified, enhanced, reduced or otherwise altered in any substantive manner without the prior written approval of the Foundation.

3. The Foundation determines that cost savings may be achieved through utilization of other resources or the Foundation's purchase requisition procedures for equipment and other items required by the Program.

4. The Grant is terminated pursuant to Paragraph 8 of the Grant Agreement.

FUNDING SCHEDULE:

Amount Date
$20,000 Upon Grant Execution
* An initial advance payment can be made at the discretion of Foundation Staff in consultation with grantee. Subsequent payments will be made after the grantee submission of Progress Reports to be reviewed and approved by Foundation prior to payment authorizations. The total grant funds released based on Grantee submitted Progress Reports may be less than the approved grant, but in no case shall the total payment exceed $20,000.

BANK(s) IN WHICH GRANT FUNDS ARE TO BE HELD:

ACCOUNT #: (insert information here)
BANK NAME AND ADDRESS:
(insert information here)
MAIL CHECK TO:

City of Bell Gardens
c/o Michael B. O'Kelly, City Manager
7100 Garfield Ave
Bell Gardens, CA 90201
Project Name: LTS 2024-Bell Gardens Aquatics-Summer 2024(Learn to Swim) 9 Exhibit 2 468

SCHEDULE C
ADDITIONAL CONDITIONS PRECEDENT TO GRANT:

INSURANCE REQUIREMENTS GRANT
Grantee shall furnish the foundation with the following:

Coverage shall be at least as broad as:

Commercial General Liability Coverage
• Insurance Services Office (occurrence form CG 0001).
• Minimum Limits: $1,000,000 per occurrence/$2,000,000 in the aggregate for bodily injury, personal injury, and property damage. Coverage shall include abuse and molestation coverage with minimum limits of$1,000,000 per occurrence/$2,000,000.

Commercial Professional Liability/Social Services Professional Coverage • Minimum Limits: $1,000,000 per occurrence/$2,000,000 policy aggregate.

Worker's Compensation
• Worker's Compensation as required by California law and Employer's Liability coverage. • Minimum Limits: Employer's Liability$1,000,000 per accident for bodily injury or disease.

Other Insurance Provisions
The general liability and automobile liability policies are to contain, or be endorsed to contain, the following provisions:
• LA84 Foundation, its officers, directors and employees, are to be covered as additional insureds with respect to liability arising out of grantee operations
• Insurance shall be primary insurance as respects LA84 Foundation, its officers, directors, and employees. • For any claims the Grantee's insurance shall waive all rights of subrogation against any policy held by LA84 Foundation, its officers, directors, and employees.
• Each insurance policy required by this clause shall be endorsed to state that coverage shall not be cancelled by either party, except after thirty (30) days' prior written notice has been given to LA84 Foundation • An Additional Insured endorsement is to be provided on the Automobile Liability insurance (using ISO form CA 2048 or insurance company equivalent).

Acceptability of Insurers
Insurance is to be placed with insurers with a current A. M. Best's rating of no less than A VI.

Verification of Coverage
The Grantee shall furnish LA84 Foundation with original certificates and amendatory endorsements effecting coverage, additional insured status and limits required by this clause. An additional insured endorsement, Insurance Services Office form CG2026, or insurance company equivalent, shall be attached to the certificate of general liability insurance.

All certificates and endorsements are to be received and approved by LA84 Foundation before Grantee will receive support. The LA84 Foundation reserves the right to require complete, certified copies of all insurance policies, including endorsements effecting the coverage required by these specifications at any time.

PENDING LITIGATION AND OTHER PROCEEDINGS:

Grantee warrants that there is no pending litigation or other proceedings.

UNINSURED RISKS:

Grantee further represents and warrants that there are no uninsured risks the occurrence of which would have a material adverse effect on the program.

Project Name: LTS 2024-Bell Gardens Aquatics-Summer 2024(Learn to Swim) 10 Exhibit 2 469

SCHEDULE D
REPORTS TO BE FURNISHED:

Final Report Narrative and Expense Report 10/31/2024
** Final Report must be a complete review and report of the program including all statistical data, evaluation results and a detailed accounting of grant expenditures. Final Report forms are available on the Foundation grantee portal ( www.grantinterface.com/home/logon) . Failure to submit a final report will impact the organization's ability to obtain a grant in the future.

Project Name: LTS 2024-Bell Gardens Aquatics-Summer 2024(Learn to Swim) 11 Exhibit 2 470

SCHEDULE E
OTHER TERMS AND CONDITIONS:

The LA84 Foundation shall have the right to approve all publicity in advance of publication and Grantee shall submit to the Foundation any proposed materials for approval prior to their release.

All temporary or permanent signage shall be recommended and approved by Foundation.

Foundation and Grantee shall mutually agree on proper name recognition for Foundation on equipment purchased with grant funds.

The Foundation may, in its discretion, also publish and distribute promotional materials relating to the Program and the Grant. The publication of such materials may include, but not be limited to, the Foundation's website and social media tools (e.g., Facebook and Twitter).

Project Name: LTS 2024-Bell Gardens Aquatics-Summer 2024(Learn to Swim) 12 Exhibit 2 471

CITY OF BELL GARDENS

OFFICE OF THE CITY MANAGER
f b .

AGENDAREPORT
Item 15.

TO: Honorable Mayor and City Council Members
FROM: Michael O'Kelly, City Manager
BY: Daisy Gomez, City Clerk
SUBJECT: LOCAL COMMISSIONS APPOINTMENT LIST
DATE: June 24, 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
Exhibit 2 - Unscheduled 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 472

CITY OF BELL GARDENS

NOTICE OF COMMISSION VACANCIES

AND ACTIVE COMMISSIONERS
The City Council is seeking applications for the following vacancies:

APPOINTEDNAME
POSTED DATE
/ mu0/0000/00/00/00/11
...............

Mi uel Flores Chavez 3/22/2021
Victoria Mirembe Gomez 11/13/2023
Jeanette Beltran Pulido 12/11/2023
Ernesto Ramirez Barcena 04/08/2024
Miguel De La Rosa Chavez 1/11/2021
Gustavo Mendez Gomez 8/28/2023
Andrew Leon Pulido 11/13/2023
Oscar Boado Sanchez 9/11/2023
Isabel Duron Barcena 1/9/2023
Erika Cabrera Chavez 3/11/2024
Katel nn Cabrera Gomez 10/23/2023
Cindv Alvarado Pulido 2/27/2023
Ana Maria Sanchez Flores Barcena 1/9/2023
Monica Kakimoto Gomez 1/22/2024
Stephanie Perez Sanchez 1/23/2023
David Heredia Barcena 1/9/2023
Carlos Jose Barrera Chavez 1/11/2021
Raul Velasco Gomez 10/9/2023
Ja son Gavilanes Pulido 1/11/2021
Hugo Alvarado I Sanchez 1 1 1/9/2023 Applicants must be residents of the City. No person previously convicted of a felony in this state or elsewhere shall be permitted to serve on any City Commission. Before assuming the duties of a commissioner, each person appointed shall take and file with the City Clerk the same constitutional oath of office required of members of the city council. Any member of a commission shall be deemed to have resigned from the commission, and his or her office as a member of the commission shall automatically vacated, in the event, the member ceases to be a resident of the City or is convicted of a felony. (Bell Gardens Municipal Code Sections 2.68.030, 2.28.030, 2.22.030, 2.35.030) Applications may be obtained from the City Clerk's Office: 7100 Garfield Ave, Bell Gardens, CA 90201. Applications will be accepted in the City Clerk's Office on a continuous basis until an appointment is made. Please call the City Clerk's Office at(562) 806-7705 or email [email protected] for more information.

Daisy Gomez, City Clerk
lWdl 6/11/2024 473

su City of Bell Gardens
uuu uumu uu uuuuuuuu uuu �uuuumu uuuuuu uuuuuuuu umi uuumuum uuu uuuuuuuuu uuuuuuuuu uuuu uuuuuuum uuuuuuuuu uuuu VACkNCY
An unscheduled vacancy exists on the:

RECREATION, CULTURAL & YOUTH
Pursuant to Section 54974 of the California Government Code, NOTICE IS HEREBY GIVEN that an unscheduled vacancy has occurred on the Bell Gardens Recreation, Cultural & Youth Commission as of June 11, 2024. The unexpired term will end December 2026.

Applicants must be a registered voter and resident of the City of Bell Gardens. No person previously convicted of a felony in this state or elsewhere shall be permitted to serve on any City commission. Any member of a commission shall be deemed to have resigned from the commission, and his or her office as a member of the commission shall automatically vacated, in the event the member ceases to be a resident of the City or is convicted of a felony. (Bell Gardens Municipal Code Sections 2.68.030, 2.28.030, 2.22.030, 2.35.030) Appointment to fill the position will be made by the Bell Gardens City Council. Residents interested in being consider for said position should complete and submit a Commissioner ,rvii,p ,apll ca iion to the City Clerk's office, 7100 Garfield Ave, Bell Gardens, CA 90201.

Applications will be accepted in the City Clerk's Office on a continuous basis until an appointment is made.

ACommissioner, , S r r,iices..A�alliip �iic�,r� may be obtained from the City of Bell Gardens website at Ilal, or at the City Clerk's Office at City Hall. Please call the City Clerk's Office at (562) 806-7705 for more information.

This notice was duly posted no later than 20 days after the vacancy occurred as required by law. Final appointment to the Recreation, Cultural & Youth Commission shall not be made by the City Council for at least ten (10)working days after posting of this notice. An appointment can be made after June 27, 2024.

Daisy Gomez, City Clerk
Posted: June 11, 2024

CITY OF BELL GARDENS

OFFICE OF THE CITY MANAGER
f b .

AGENDAREPORT
Item 16.

TO: Honorable Mayor and City Council Members
FROM: Michael B. O'Kelly, City Manager
BY: Jennifer Pineda, Executive Assistant
SUBJECT: SB 1216 TRANSPORTATION PROJECTS: CLASS III BIKEWAYS: PROHIBITION DATE: June 24, 2024
RECOMMENDATION:

It is staff's recommendation that the City Council either:

1. Receive and file while staff tracks the bill; or

2. Direct Staff to prepare a Council resolution to support or oppose SB 1216.

BACKGROUND/DISCUSSION:

California has made a concerted effort to enhance cycling infrastructure, aiming to promote sustainability, alleviate traffic congestion, and encourage active transportation. With the expansion of cycling infrastructure, there has been a growing concern regarding safety and roadways with higher speed limits. Senate Bill 1216 (Blakespear) would prohibit, on and after January 1, 2025, an agency responsible for the development or operation of bikeways or highways where bicycle travel is permitted from installing or restriping a Class I I I bikeway or a sharrow on a highway that has a posted speed limit greater than 30 miles per hour. The measure also prohibits the allocation of funds from the Active Transportation Program "ATP" to projects creating Class I I I bikeways after January 1, 2026. Additionally, the bill restricts the California Transportation Commission's guidelines from including the development of Class I I I bikeways and connecting bikeways to Class I I I bikeways as a criterion for improving connectivity and mobility for nonmotorized users. The City of Bell Gardens does not currently use ATP funding for the creation of sharrows and is not impacted by the ATP's guidelines for allocation of funds. The Senate Floor Bill Analyses (Exhibit 1) lists the new ATP guidelines that would be implemented if SB 1216 is adopted.

The City is in the process of undergoing a citywide shared bike lane (sharrow) restriping project which consists of a total of two hundred and forty-three (243) sharrows at an approximate cost of $110,000. It is estimated that the thermoplastic paint restriping will last six to eight years. A map detailing the location of the sharrows is included in Exhibit 2. If SB 1216 passes, maintenance will not be permitted on the sharrows citywide after January 1, 2025, as all 243 sharrows are on a roadway with a speed limit greater than 30 miles per hour.

Proponents for SB 1216 claim that sharrows are paint on roadways without physical safety protection between cyclist and fast-moving vehicles. They claim that research studies link sharrows to increased risks of injury for cyclists.

Opponents claim that Class I I I bikeways may be the only feasible option for their cities as they are diverse and vary in transportation needs and challenges. A one-sized-fits-all approach may limit local flexibility in addressing specific circumstances.

As stated in Exhibit 1, The following organizations are in support (verified 5/7/24):
• Streets For All (source)
475

• Bike LA
• Calbike
• East Bay for Every One
• Everybody's Long Beach
• Marin County Bicycle Coalition
• Pedal Movement
• Transbay Coalition
• Youth Climate Strike Los Angeles
The following are in opposition (verified 5/7/24):
• California Association of Bicycling Organizations
• Nevada County Transportation Commission
CONCLUSION:

Senate Bill 1216 would restrict the installment or restriping of a Class I I I bikeway (sharrow) on a roadway that has a speed limit greater than 30 miles per hour. If SB 1216 passes, it will limit the City's ability to install new sharrows or perform maintenance on existing sharrows. Staff asks that the City Council receive and file the report while staff tracks the bill; or direct staff to prepare a Council resolution to support or oppose SB 1216.

FISCAL IMPACT:

No current fiscal impact.

ATTACHMENTS:

Exhibit 1 - SB 1216 Senate Floor Bill Analyses
Exhibit 2 - Bell Gardens Sharrows Location Map
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 476

SENATE RULES COMMITTEE SB 1216
Office of Senate Floor Analyses
(916) 651-1520 Fax: (916) 327-4478

THIRD READING
Bill No: SB 1216
Author: Blakespear (D)
Amended: 4/16/24
Vote: 21
SENATE TRANSPORTATION COMMITTEE: 11-4, 4/23/24
AYES: Cortese, Allen, Archuleta, Blakespear, Dodd, Gonzalez, Laird, Lim6n, Newman, Portantino, Umberg
NOES: Niello, Dahle, Nguyen, Seyarto
SENATE APPROPRIATIONS COMMITTEE: Senate Rule 28.8
SUBJECT: Transportation projects: Class III bikeways: prohibition SOURCE: Streets For All
DIGEST: This bill prohibits an agency from installing a class III bikeway or sharrow on a highway that has a posted speed limit greater than 30 mph, except for specified signs, and would prohibit funds appropriated for the Active Transportation Program from being allocated to a project that creates a class III bikeway on a highway with a design speed greater than 25 mph.

ANALYSIS:

Existing law:
1) Defines "bikeway" as all facilities that provide primarily for, and promote, bicycle travel. Categorizes bikeways as follows: (SHC §890.4) a) Class I bikeways as bike paths or shared paths which provide a completely separated right-of-way designated for the exclusive use of bicycles and pedestrians with crossflows by motorists minimized;
b) Class II bikeways as bike lanes which provide restricted right-of-way designated for the semi exclusive use of bicycles with through travel by Exhibit 1 477

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Page 2 ends

motor vehicles or pedestrians prohibited, but with vehicle parking and crossflows by pedestrians and motorists permitted;
c) Class III bikeways as bike routes which provide right-of-way on-street or off-street designated by signs or permanent markings and shared with pedestrians and motorists; and
d) Class IV bikeways as cycle tracks or separated bikeways which provide a right-of-way designated exclusively for bicycle travel adjacent to a roadway and which are separated from vehicular traffic.
2) Establishes the Active Transportation Program within the Department of Transportation (Caltrans) for the purpose of encouraging increased use of active modes of transportation, such as biking and walking. (SHC §2380) 3) Requires funds for the program to be appropriated to Caltrans in the annual Budget Act and allocated to eligible projects by the California Transportation Commission (CTC). (SHC §2381)
4) Requires the CTC to develop guidelines and project selection criteria for the program in consultation with various agencies and interested parties. (SHC §2381)
5) Requires the CTC to initially adopt a 2-year program of projects for the program, with subsequent 4-year programs thereafter.
6) Requires all city, county, regional, and other local agencies responsible for the development or operation of bikeways or roadways where bicycle travel is permitted to use the minimum safety design criteria developed by Caltrans for bikeways unless the local agency develops their own minimum safety design criteria that are reviewed by a Caltrans engineer. (SHC §891) This bill:
1) Defines, for the purpose of this legislation, "sharrow" as a shared lane bicycle marking as described in the California Manual on Uniform Traffic Devices. 2) Prohibits any agency responsible for the development or operation of bikeways or highways where bicycle travel is prohibited from installing or restriping a class III bikeway or sharrow on a highway that has a posted speed limit greater than 30 miles per hour (mph).

Exhibit 1 478

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3) Allows installation of"Bicycles May Use Full Lane" signs on roads greater than 30mph if they are not considered part of a class III bikeway for the purpose of evaluating bicycle or complete streets targets and goals by Caltrans and the installing agency.
4) Prohibits, beginning January 1, 2026, the ATP from adding projects that create a class III bikeway or sharrow unless it is on a highway with a design speed limit of 25 mph or less or the project will implement improvements to reduce the design speed limit to 25 mph or less.
5) Requires the CTC to update their project eligibility guidelines to exclude the development of Class III bikeways or sharrows and not consider class III bikeways or sharrows as contributing to improving the connectivity of non- motorized users unless they are installed on a highway with a design speed limit of 25 mph or less or are part of a project that will implement improvements to reduce the design speed limit to 25 mph or less.

Comments
1) Purpose of bill. According to the author, "I've heard from many constituents that they feel unsafe biking on busy roads with fast moving traffic. To promote active transportation like biking or walking, the Active Transportation Program was created in 2017. Eligible projects include building or maintaining bikeways or eliminating hazards on existing bikeways. These projects should promote cycling through improving connectivity and finding ways to reduce cyclist injuries and fatalities.
"Unfortunately, ATP funds are sometimes used to create "sharrows," which are often no more than paint on a roadway and provide no physical safety protection for cyclists. ATP funds should not be used for projects that do not actually make biking safer, like sharrows.
"With SB 1216, ATP projects can only fund sharrows and other Class III bikeways on roads with a design speed of 25 mph and under. While some sort of physical separation is safest, sometimes that isn't possible. In those cases, using ATP funds to guide cyclists to safer routes with slower traffic is an important improvement."
2) Class III bikeways. Class III bikeways, referred to as bike routes in Caltrans design documents, are bike facilities shared with motor vehicles on the street.

Exhibit 1 479

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Page 4 ends

They are meant to provide continuity to the bikeway system or to designate preferred routes through high demand corridors. The use of sidewalks as class III bikeways is strongly discouraged. Caltrans design documents say class III bikeways should only be used if some of the following apply:
a) They provide for direct travel in bicycle-demand corridors; b) They connect discontinuous segments of bike lanes;
c) They provide traffic actuated signals for bicycles and appropriate assignment of right of way at intersections to give greater priority to bicyclists, as compared with alternative streets;
d) Street parking has been removed or restricted in areas of critical width to provide improved safety;
e) Surface imperfections or irregularities have been corrected (e.g., utility covers adjusted to grade, potholes filled, etc.); or
f) Maintenance of the route will be at a higher standard than that of other comparable streets (e.g., more frequent street sweeping).

There are three broad categories of Class III bikeways identified in Caltrans' reference document for planners and engineers. Firstly, there are "bicycle boulevards" which are streets where all types of vehicles are allowed but the roadway has been improved to enhance bicycle safety and convenience, typically with roadway improvements that calm traffic and improve pedestrian safety. Such improvements include signage, unique pavement, pavement legends, landscaping, traffic circles, bulb outs, traffic signals, and highly visible sidewalks. Bicycle boulevards are generally not approved for use on the State Highway System due to the moderate to higher traffic volumes and speeds associated with highways that also serve as community main streets. Instead, bicycle boulevards are supposed to be used on local streets and roads.

The second category of class III bikeways are widened curb lanes. A wide lane usually allows an average size motor vehicle to pass a bicyclist without crossing over into the adjacent lane. Caltrans guidance says these bikeways are meant for streets where shoulder bikeways or bike lanes are warranted but cannot be provided due to severe physical constraints. Bike lanes should resume where the restriction ends.

The last type of class III bikeways are referred to as "sharrows" a portmanteau of shared arrow. These bikeways consist of pavement markings on the highway of a bicycle and two arrows designed to direct a cyclist to travel closer to the middle of the roadway to avoid being struck by a suddenly opened car door and Exhibit 1 480

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to encourage motorists to be aware of cyclists sharing the roadway. Sharrows are only meant to be used on roads where the rightmost lane on a class III bikeway is too narrow to be safely shared side-by-side by cyclists and passing motorists. Sharrows can also be used outside of a Class III bikeway to guide cyclists in short gaps between existing bicycling infrastructure.

XX '�
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6 An example of the three types of class III bikeways with a bicycle boulevard (top), a widened curb (center), and a sharrow. (bottom) Exhibit 1 481

SB 1216

Page 6 ends

3) Sharrow safety. The use of sharrows is relatively new. They first appeared in the 1993 Denver Bicycle plan and were further experimented with and developed in San Francisco starting in the late 90s and early 00s. In a study conducted for the San Francisco Department of Parking and Traffic (SF DPT), the stencil markings significantly improved both motorists' and cyclists' positions in the roadway. The markings also reduced sidewalk and wrong-way riding. This study for SF DPT was accepted by the California Traffic Control Devices Committee, which approved the shared lane marking as an optional marking for roadways in 2004. Then, in 2009, sharrows were added to the Federal Highway Administration's Manual on Uniform Traffic Control devices and became approved for general use across the country.

Further research since those early studies has complicated the initial findings of the safety effectiveness of sharrows. A 2010 evaluation of shared lane markings in three separate cities showed that sharrows increased the operating space for bicyclists, though the effect was small. Other research has found that shared use facilities like sharrows provide no significant protection from motor vehicle accidents. One recent study from Atlanta even found that sharrows and painted bike lanes increased bicycle risk, likely because several of the sharrows in the study were inappropriately installed on roads with high levels of traffic volume.

Research does generally show that the other classes of bikeways provide greater safety benefits than sharrows, underscoring the importance of limiting their use to specific circumstances where other bikeways are not appropriate. 4) Design Information Bulletin (DIB) 94. Earlier this year Caltrans released DIB- 94 which provides contextual design guidance for complete streets facilities, including bikeways. Local jurisdictions must comply with the guidance in this document unless they establish their own minimum safety design criteria in collaboration with Caltrans.

This DIB states that Class III bike routes are not considered a dedicated bicycle facility and class III route linear footage does not count towards performance targets for bicycle and pedestrian facilities in the State Highway System Management Pan. The DIB states that class III shared lanes should only be used in very low speed and volume locations and should be a last resort when there are no other viable alternatives for redistributing space. The type of class III bikeway recommended depends on the type of road, for example in an urban area a sharrow or bicycle boulevard is to be preferred, but in undeveloped and transitional areas that connect to rural main streets a shared shoulder may be considered due to the low volume of bicyclists. The design document makes no Exhibit 1 482

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Page 7 ends

explicit posted speed recommendation for class III bikeways, though it does recommend an average daily traffic volume of around 2,000 vehicles or less. 5) Active Transportation Program (ATP). The ATP was established by SB 99 (Committee on Budget and Fiscal Review, Chapter 359, Statutes of 2013) and AB 101 (Committee on Budget, Chapter 354, Statutes of 2013). The ATP consolidates several federal and state transportation programs, including the Transportation Alternatives Program, Bicycle Transportation Account, and State Safe Routes to School, into a single program. It is administered by the Office of Active Transportation and Special Programs (OAT) in Caltrans' Division of Local Assistance. The ATP aims to increase the number of bicycling and walking trips, increase safety and mobility for bicyclists and pedestrians, reduce greenhouse gas emissions through active transportation, enhance public health, and provide benefits to disadvantaged communities.

The CTC is required to adopt a program of projects for the ATP by April 1st of each odd-numbered year. ATP funds must be allocated by the CTC as follows:
40% to metropolitan planning organizations (MPOs) in urban areas with populations greater than 200,000; 10% to small urban and rural areas with populations of 200,000 or less, with projects competitively awarded by the CTC to projects in these regions; and 50% to projects competitively awarded by the CTC on a statewide basis. At least 25% of funds distributed in each of these categories must benefit disadvantaged communities.

The ATP has funded over 800 active transportation projects across the state benefiting both urban and rural areas. While the Active Transportation Program has successfully funded projects across the State, the Program is very oversubscribed and cannot meet all of the State's needs. 6) Class III and the ATP. The ATP program guidelines do not currently have any explicit limitations on the types of bikeways a project may include, but do require applicants with projects that include bicycle improvements to discuss the considerations they made when evaluating and selecting the type of bikeway in their proposal. Applicants should discuss how the project advances a lower- stress environment or a low-stress network. Additionally, applicants should provide a description of the innovative features of the project or explain why the context of the project best lends itself to standard treatments/features. As required by statute, all bikeways most comply with Caltrans design guidance unless the local jurisdiction has developed its own minimum design criteria.

Exhibit 1 483

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Page 8 ends

This bill would prevent the ATP from being used to support class III facilities or sharrows on roads with design speed limits greater than 25 mph. As class III bikeways are generally cheaper than other classes, advocates are concerned jurisdictions are inappropriately installing or relying upon class III bikeways in order to comply with complete streets requirements and goals. The goal of this provision is to ensure that if ATP funds are being used to support class III bikeways they are being appropriately installed to direct cyclists to corridors that are truly safe and comfortable. Under this bill,jurisdictions will still be able to use the ATP to work on transformative bicycle boulevard networks. 7) Local considerations and lack of flexibility. This bill would set a statewide prohibition on the construction of class III bikeways based on posted speed regardless of local considerations. This can be a problem when edge cases arise, such as along coastal highway stretches in rural areas. This bill makes an important exception to cover one of these edge cases. Along stretches of State Route 1 is an iconic coastal biking route, providing striking shoreline views.

However many portions of this route are located along cliffs, far between towns, or in other areas where a full bike lane is not feasible. Instead, Caltrans and other agencies have installed signage alerting motorists and cyclists that cyclists may take the full lane and providing wayfinding for cyclists. Such signage is usually requested by cyclists who wish motorists to be more aware of their presence on the road. This bill clarifies that such signage may be installed as long as installing agencies are not using these facilities to boost their numbers for their goals of installing safe, comfortable, and convents bicycle infrastructure. As this bill proceeds, local jurisdictions may raise other edge cases, such as the use of expanded shoulders, and the author may wish to consider working to address these concerns where appropriate.

Related/Prior Legislation
AB 2290 (Friedman) would prohibit the allocation of ATP funds for a project that creates a Class III bikeway unless it is on a residential street with a posted speed limit of 20 mph or less, among other provisions. This bill is in the Assembly Appropriations Committee.

FISCAL EFFECT: Appropriation: No Fiscal Com.: Yes Local: No SUPPORT: (Verified 5/7/24)
Streets For All (source)
Exhibit 1 484

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Bike LA
Calbike
East Bay for Every One
Everybody's Long Beach
Marin County Bicycle Coalition
Pedal Movement
Transbay Coalition
Youth Climate Strike Los Angeles
OPPOSITION: (Verified 5/7/24)
California Association of Bicycling Organizations
Nevada County Transportation Commission
ARGUMENTS IN SUPPORT: According to Streets For All, "Sharrows are quite literally just often no more than paint on a roadway and provide no physical safety protection, such as barriers or buffers, for cyclists against multi-ton and fast- moving motor vehicles. Multiple research studies have found that sharrows are now associated with increased risks of injury for cyclists.

Given current knowledge about the dangers of sharrows, we propose in AB 1216 to exclude Class III bikeways from ATP funding. We firmly believe that California should not be funding infrastructure that causes a net harm to cyclists. Further, the selection criteria of increasing and improving connectivity should no longer include adding any bikeways connected to a Class III bikeway. Lastly, would prohibit the installation or restriping of a Class III bikeway when the posted speed limit is over 30 miles per hour on any street, road, or highway in the state. Funds in the highly competitive ATP program should be prioritized to instead focus on roadways that promote safety for all users."
ARGUMENTS IN OPPOSITION: According to the Nevada County Transportation Commission, "SB 1216 would prevent NCTC and its local and state partners from installing a Class III bikeway on or after January 1, 2025. While the focus of the bill seems to be "sharrows" —painted symbols on roadway surfaces which indicate to drivers and people riding bicycles that they should share the road—the bill's language prevents the installation or maintenance of any Class III bikeway facility. In Nevada County, where many rural roadways have limited right-of-way widths and the topography and financial constraints make it unlikely that roadways will ever be widened, Class III bikeways may be the only feasible option. This prohibition should be limited to funding sharrows on highways with Exhibit 1 485

SB 1216

Page 10 ends

higher speeds rather than also extending to other more protective Class III bikeways, particularly when included as a component of a broader project." Prepared by: Jacob O'Connor / TRANS. / (916) 651-4121 5/8/24 10:48:57
**** END ****
Exhibit 1 486

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CITY OF BELL GARDENS

OFFICE OF THE CITY MANAGER
f b .

AGENDAREPORT
Item 17.

STERNDAHL ENTERPRISES, LLC FOR THE CITYWIDE SHARED BIKE LANE (SHARROW) RE-STRIPING PROJECT (CIP NO. 3934)
DATE: June 24, 2024
RECOMMENDATION:

It is staff's recommendation that the City Council:

1. Award a Construction Contract to Sterndahl Enterprises, LLC in the amount of $111,640 for the Citywide Shared Bike Lane (Sharrow) Re-striping Project; Cl P No. 3934;

2. Appropriate an additional $23,000 of Measure M funds and $34,790 of TDA Article 3 funds to cover the total estimated project expenditures; and

3. Authorize the City Manager to execute the agreement and approve change orders that may be necessary during construction to cover any unforeseen condition in an amount not to exceed 5% of the Construction Contract.

BACKGROUND/DISCUSSION:

On May 13, 2024, the City Council approved the plans and specifications and authorized staff to solicit bids for the Citywide Shared Bike Lane (Sharrow) Re-Striping Project (the "Project"). The Project scope of work consists of furnishing all materials, equipment, tools, labor, and incidentals as required by the Plans, Specifications, and Contract documents. The general items of work include the removal and replacement of the existing shared bike lane "sharrow" legends on Eastern Avenue, Florence Avenue, Florence Place, Gage Avenue, and Garfield Avenue with a new thermoplastic white cyclist over a lime green background for higher visibility. A total of 243 sharrows will be completed.

On June 11, 2024, the City received a total of two (2) bid proposals for the Project, as illustrated below:

Bidders Base Bid Amount
Sterndahl Enterprises $111,640
Superior Pavement Markings $151,136
Staff conducted an analysis of the apparent lowest bidder, Sterndahl Enterprises (Sterndahl). This analysis included a review of their bid schedule, bid bond, license, references, and all required documentation. Sterndahl's license is current and active, and reference checks revealed that Sterndahl's previous projects were completed satisfactorily, with no contractor-initiated change orders. Sterndahl's D I R Registration was also reviewed and deemed satisfactory.

It has been determined that Sterndahl is the lowest responsive and responsible bidder. Therefore, staff recommends the award of a construction contract to Sterndahl in the amount of$111,640. 488

SB 1216
Proposed legislation under Senate Bill 1216 would restrict the installment or restriping of sharrows on roadways that have a speed limit greater than 30 miles per hour. If SB 1216 passes as currently written, it will limit the City's ability to install new sharrows or perform maintenance on existing sharrows after January 1, 2025. This means the sharrows to be repainted as part of the Project would not be able to be repainted after this date if they are damaged or if there is a future street resurfacing project.

E NVI RONME NTAL ANALYS I S:

CONCLUSION:

If the Construction Contract is awarded, staff will process the contract for signatures and coordinate a pre- construction meeting.

FISCAL IMPACT:

The Project's estimated construction cost was $85,000. The Construction Contract to Sterndahl would be for an amount of $111,640. The City's budget for FY 2023-2024 includes $85,000 of Measure M funding. Staff is requesting an additional appropriation of $23,000 of Measure M funds and $34,790 from undesignated FY 2024- 2025 TDAArticle 3 funds to cover the total estimated Project expenditures illustrated below:

Design $6,800
Project Management $3,400
Construction Management& Inspection (includes Labor Compliance) $9,197 Funding Administration $1,971
Sharrows Re-Striping Bid Construction Cost $111,640 Contingency(5%) $5,582
Publication & Misc. Costs $1,200
ESTIMATED PROJECT EXPENDITURES $139,790
ATTACHMENTS:

Exhibit 1 - Construction Contract
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 489

CITY OF BELL GARDENS

CONSTRUCTION CONTRACT
FOR

CITYWIDE SHARED BIKE LANE (SHARROW) RE-STRIPING
CIP NO. 3934

IN THE CITY OF BELL GARDENS
THIS CONSTRUCTION CONTRACT (hereinafter, "Contract") is made and entered into this day of 2024 (hereinafter, the "Effective Date") by and between the CITY OF BELL GARDENS, a municipal corporation (hereinafter, "CITY') and STERNDAHL ENTERPRISES, LLC. (hereinafter, "CONTRACTOR"). For the purposes of this Contract, CITY and CONTRACTOR may be referred to collectively by the capitalized term "Parties." The capitalized term "Party" may refer to CITY or CONTRACTOR interchangeably as appropriate.

RECITALS
WHEREAS, CITY requires public works construction for Citywide shared bike land (sharrow) re-striping, CIP No. 3934 (hereinafter, the "Project"); and WHEREAS, on May 13, 2024, the City Council approved the plans and specifications and authorized staff to solicit bids for the Project; and WHEREAS, CITY issued a notice inviting competitive bids for the Project on May 15, 2024; and
WHEREAS, following the opening of bids on June 11, 2024, CONTRACTOR was determined to be the lowest responsive and responsible bidder for the Project.

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

Exhibit 1 490

ARTICLE III (CONTRACT PRICE)
CITY agrees to pay and the CONTRACTOR agrees to accept, in full payment for the work above agreed to be done, the sum of ONE HUNDRED ELEVEN THOUSAND SIX HUNDRED FORTY DOLLARS ($111,640) for the Project (hereinafter, the "Bid Price").

CONTRACTOR agrees to receive and accept the prices set forth in the Proposal as full compensation for furnishing all materials, performing all work, and fulfilling all obligations hereunder. Said compensation shall cover all expenses, losses, damages, and consequences arising out of the nature of the work during its progress or prior to its acceptance, including those for well and faithfully completing the work and the whole thereof in the manner and time specified in the aforesaid Contract Documents; and also including those arising from actions of the elements, unforeseen difficulties or obstructions encountered in the prosecution of the work, suspension or discontinuance of the work, and all other unknowns or risks of any description connected with the work.

As authorized by the City Council at its Regular Meeting of June 24, 2024, and subject to any applicable restrictions set forth under the Bell Gardens Municipal Code as the same may be amended from time to time or applicable State law, CITY, in its sole and absolute discretion, may authorize expenditures in excess of the Bid Price without further City Council approval provided such additional expenditures do not cumulatively exceed an amount equal to five percent (5%) of the Bid Price. Any such additional expenditures must be approved by the City Manager in writing before they may be incurred.

City of Bell Gardens
Exhibit 1 491

Public Works Department
Attn: Director of Public Works/Facilities
Bell Gardens City Hall
7100 Garfield Avenue
Bell Gardens, CA 90201
(b) If the notice is given to the CONTRACTOR, by personal delivery thereof to said CONTRACTOR or to its duly authorized representative at the site of the Project, or by depositing the same in the United States mail, enclosed in a sealed envelope, postage prepaid, and certified; addressed to the CONTRACTOR at:

Sterndahl Enterprises, LLC.
11861 Branford Street
Sun Valley, CA 91352
Attn: Dennis S. Sterndahl, President
Phone: 818-834-8199
(c) If the notice is given to the surety or any other person, by personal delivery to such surety or other person, or by depositing the same in the United States mail, enclosed in a sealed envelope, addressed to such surety or other person, as the case may be, at the address of such surety or person last communicated by it to the party giving the notice, postage prepaid and certified.

Insurance Coverage Requirements Limit Requirements Comprehensive General Liability $170007000
Product/Completed Operations Hazard $170007000
Exhibit 1 492

Comprehensive Automobile Liability $1,000,000
Contractual General Liability $1,000,000
Worker's Compensation Statute
A combined single-limit policy with aggregated limits in the amount of $2,000,000 will be considered equivalent to the required minimum limits.

The issuer shall be an "admitted surety insurer" duly authorized to transact business under the laws of the State of California.

ARTICLE VII (COMPLETION DATE)
The total Contract time for completion of this Project is twenty (20) working days from the effective date of notice to proceed to be issued by the CITY.

Exhibit 1 493

Federal Tax Identification No.

Subscribed and sworn to this day of 20

NOTARY PUBLIC
CITY:

City Manager
Attested:

City Clerk
Date
Approved as
to form:

City Attorney
Date
Exhibit 1 496

FAITHFUL PERFORMANCE BOND
FOR

CITYWIDE SHARED BIKE LANE (SHARROW) RE-STRIPING PROJECT CIP NO. 3934
The CITY OF BELL GARDENS, hereinafter "City," entered into a Contract dated 20 with hereinafter Contractor," for the
work described as follows:

Citywide Shared Bike Lane (Sharrow) Re-Striping Project — CIP No. 3934 WHEREAS, said Contractor is required under terms of said Contract to furnish a bond for the faithful performance of said Contract; and
WHEREAS, the Contract is by reference made a part hereof.

and effect. However, anything in this paragraph to the contrary notwithstanding, the obligation of the Surety hereunder shall continue so long as any obligation of the Contractor remains.

IN WITNESS WHEREOF, we have hereunto set our hands and seals this day of 20
(Contractor as Principal)
(Seal) By:
(Seal) By:

NOTE: If Contractor is a Partnership, all parties must execute the Bond.

IMPORTANT: Surety companies executing Bonds must appear on the Treasury Department's most current list (Circular 570 as amended) and be authorized to transact business in California.

Exhibit 1 498

LABOR AND MATERIALS BOND
FOR

CITYWIDE SHARED BIKE LANE (SHARROW) RE-STRIPING PROJECT CIP NO. 3934
The CITY OF BELL GARDENS, hereinafter "City," has awarded to ,hereinafter"Contractor," a Contract for the work described as follows..

Citywide Shared Bike Lane (Sharrow) Re-Striping Project — CIP No. 3934 WHEREAS, the Contractor is required by the Contract and by the provisions of Third Division, Part 4, Title 15, Chapter 7 of the Civil Code to furnish a bond in connection with the Contract, as hereinafter set forth.

Exhibit 1 499

IN WITNESS WHEREOF, we have hereunto set our hands and seals this day of 20 (Contractor as Principal)
(Seal) By:
(Seal) By:

NOTE: If Contractor is a Partnership, all partners should execute Bond.

IMPORTANT: Surety companies executing Bonds must appear on the Treasury Department's most current list (Circular 570 as amended) and be authorized to transact business in California.

Exhibit 1 500

"Contract Documents"
Due to size limitations, Contract Documents can be found in the below link:

II //v�rv�rv�r.IblI.Iliri .:. it /Il . ir . / iriirt /IIF.I /IIFI / / , or they can be found at the City Clerk's Office of Bell Gardens.

Exhibit 1 501

CITY OF BELL GARDENS

OFFICE OF THE CITY MANAGER
f b .

AGENDAREPORT
Item 18.

TO: Honorable Mayor and City Council Members
FROM: Michael B. O'Kelly, City Manager
BY: Jennifer Pineda, Executive Assistant
SUBJECT: CONSIDERATION OF A RESOLUTION IN SUPPORT OF THE JUSTICE FOR RENTERS

ACT (A BALLOT INITIATIVE)
DATE: June 24, 2024
RECOMMENDATION:

It is recommended that the City Council:

1. Receive and file; or

2. Adopt the attached Resolution supporting the Justice for Renters Act, A Ballot Initiative.

BACKGROUND/DISCUSSION:

The Justice for Renters Act is intended to repeal the Costa-Hawkins Rental Housing Act enacted in 1995. If passed, the Act will allow local communities to regulate annual rent increases of apartments with certain exceptions, within a city's boundaries. By repealing the act, the initiative would also allow cities and counties to limit rent on any housing and limit the rent for a first-time tenant when a vacant unit is rented.

The Costa-Hawkins Act prevents cities and counties from limiting the initial rental rate that landlords may charge to new tenants in all types of housing, and from limiting rent increases for existing tenants in:

1. residential properties that were first occupied after February 1, 1995;

2. single-family homes; and

3. condominiums. This measure would repeal that state law and would prohibit the state from limiting the right of cities and counties to maintain, enact, or expand residential rent-control ordinances.

Prior to the enactment of Costa-Hawkins, local governments were permitted to enact rent control ordinances, provided that landlords would receive "a just and reasonable return" on their rental properties according to case law.

The City of Bell Gardens adopted the Rent Stabilization and Tenant Eviction Protections Ordinance No. 925 which became effective on October 12, 2022. Among other provisions, the ordinance sets an annual rent increase cap at fifty percent (50%) of the change in the Consumer Price Index (CPI), or four percent (4%), whichever is less. Since CPI is less, the current allowable annual increase is 1.9%.

Support/Opposition: Justice for Renters, which is sponsored by the Al DS Healthcare Foundation, is supported and opposed by the following groups/organizations.

Support
• AIDS Healthcare Foundation
• California Nurses Association
502

• Americans for Democratic Action - Southern California • Coalition for Humane Immigrant Rights
• Housing is a Human Right
• Pomona United Stable Housing Coalition
• Social Security Works - California
• Veterans' Voices
Opposition
• Apartment Association of Greater Los Angeles
• California Apartment Association
• California Business Roundtable
Similar rent control initiatives have failed at the ballot box in 2018 and 2020. In 2018, Proposition 10, would have repealed Costa-Hawkins, thus allowing counties and cities to adopt rent control ordinances that regulate how much landlords can charge tenants for any type of rental housing. The initiative failed on a vote of 41% in favor to 59% against. I n 2020, Proposition 21 aimed to repeal Costa-Hawkins and enact a law to allow local governments to adopt rent control on housing units, except on (a) housing that was first occupied within the last 15 years and (b) units owned by natural persons who own no more than two housing units with separate titles, such as single-family homes, condos, and some duplexes, or subdivided interests, such as stock cooperatives and community apartment projects.

Proposition 21 failed on a vote of 40% in favor to 60% opposed.

CONCLUSION:

The Justice for Renters Act seeks to repeal the Costa-Hawkins Rental Housing Act of 1995, granting local communities the power to regulate annual rent increases and limit rent on various housing types, including for first- time tenants in vacant units. This repeal would restore the ability of cities and counties to implement and expand rent control measures, a right they held prior to Costa-Hawkins. The outcome of this initiative will significantly impact California's approach to rent control and housing affordability.

FISCAL IMPACT:

No fiscal impact.

ATTACHMENTS:

Exhibit 1 - Resolution No. 2024-50
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 503

RESOLUTION NO. 2024-50

A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF BELL

GARDENS, CALIFORNIA, AFFIRMING SUPPORT OF THE JUSTICE

FOR RENTERS ACT, A BALLOT INITIATIVE
WHEREAS, like many other jurisdictions in California, the City of Bell Gardens is in the midst of a severe housing affordability crisis, where the current median rent for a two bedroom is $2,090 a month (per 2023 HUD small market rent data), while the median household income is only $53,935 (per 2022 stats; datausa.io); and WHEREAS, the Costa-Hawkins Rental Housing Act signed into law by Governor Pete Wilson in 1995 places significant limits on the ability of cities in California to implement rent control for any single family home or condominium, including single family homes owned by corporations or institutional investors, and any apartment constructed after February 1995; and
WHEREAS, the Costa-Hawkins Rental Housing Act prohibits cities that established rent control laws prior to the Act's passage in 1995 from expanding rent control; and
WHEREAS, the Costa-Hawkins Rental Housing Act also prohibits cities from implementing "vacancy control," also called "strict" rent control, thus allowing an apartment owner the right to rent any vacant unit at any price, usually the market price, following a tenant vacating the unit;
WHEREAS, the Costa-Hawkins Rental Housing Act impedes permanent changes to local rent control ordinances and enables rents on currently affordable rental housing units to rise to market rates upon vacancy thus imperiling the existing affordable housing stock, imperiling tenants, and contributing to a worsening of our homelessness crisis; and
WHEREAS, the Justice for Renters Act will appear on the ballot on November 5, 2024; and
WHEREAS, the Justice for Renters Act would repeal the Costa-Hawkins Rental Housing Act of 1995 and state that the State of California may not limit the right of any city, county, or city and county to maintain, enact or expand residential rent control; WHEREAS, under the Justice for Renters Act authority over local rent control laws would be returned to cities and counties which choose to adopt such local rent control laws; and
Exhibit 1 504

Resolution No. 2024-50
WHEREAS, this City and many California cities face an affordable housing crisis that demands both near term and long-term solution; and WHEREAS, the Justice for Renters Act would ensure cities full authority to protect affordable rental housing over both the near-term and the long-term.

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

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

SECTION 2. The City Council of the City of Bell Gardens supports the Justice for Renters Act.

SECTION 3. The City Clerk shall attest and certify to the passage and adoption of this Resolution and enter it into the book of original resolutions, and it shall become effective immediately upon its approval.

PASSED, APPROVED and ADOPTED this 24t" day of June 2024.

THE CITY OF BELL GARDENS
Gabriela Gomez, Mayor
APPROVED AS TO FORM: ATTEST:

Stephanie Vasquez Daisy Gomez
City Attorney City Clerk
[Signatures on the following page]
2of3
Exhibit 1 505

Resolution No. 2024-50
I, , City Clerk of the City of Bell Gardens, hereby CERTIFY that City Council Resolution No. was adopted by the Bell Gardens City Council at a regular meeting of the City Council held on and was approved and passed by the following vote:

AYES:

NOES:

ABSTAIN:

ABSENT:

Daisy Gomez, City Clerk
3of3
Exhibit 1 506

CITY OF BELL GARDENS

OFFICE OF THE CITY MANAGER
f b .

AGENDAREPORT
Item 19.

TO: Honorable Mayor and City Council Members
FROM: Michael B. O'Kelly, City Manager
BY: Hailes H. Soto, Assistant to the City Manager
SUBJECT: BELL GARDENS CONNECT UPDATE
DATE: June 24, 2024
RECOMMENDATION:

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

BACKGROUND/DISCUSSION:

On September 25, 2023, the City Council adopted Resolution No. 79 authorizing the City Manager to execute a Professional Services Agreement with GOGov for the City mobile app.

The City Council asked that a contest for the new City mobile app names be submitted online. The City mobile app name submissions contest opened from October 16 to October 30, 2023 via a SurveyMonkey link. The voting period was open from October 31 to November 8, 2023 for respondents to choose up to three names for the new City mobile app via a SurveyMonkey link.

The top three vote getting choices were presented to the City Council for consideration at the Monday, November 13th City Council meeting. The City Council selected "Bell Gardens Connect" as the name for the new City mobile app.

Bell Gardens Connect is available free on the Apple App Store and Google Play Store. Bell Gardens allows residents to report issues to city departments by writing a description, submitting photos, and sending a location that is easily pinpointed on a map. Bell Gardens Connect has a public-facing web portal that is embedded in the City website ( https://www.bellgardens.org/our-city/talk-2-us) . Bell Gardens Connect also has an internal-facing administrative dashboard.

Bell Gardens Connect has been promoted on the City website, on banners with a QR code, flyers and on social media including I nstagram, Facebook, X and Threads. The QR code to download Bell Gardens connect has been shown during Commission and City Council meetings. Ads has been placed in the Spring 2024 and Summer 2024 brochures which are mailed to all Bell Gardens households.

Through June 17, 2024, there have been:
-228 iOS downloads
-84 Android downloads
-156 service requests
The total downloads are 312. Also, there are 142 unique citizen accounts registered for the site. This is a combination of users who registered through the app, website, phone call, etc.

Staff asked GOGov what percentage of the population the City of Bell Gardens should target. GOGov stated that this is highly determined based on much promoting and advertising is done to inform residents the app is available. If 507

the app is consistently being promoted, then targeting 3-5% after the first year is realistic. According to the U.S.

Census Bureau, there are 9,523 households in Bell Gardens which equate to 4.07 persons per household. If one person per household downloads the app, then approximately 3.28% of the households have the app.

CONCLUSION:

City staff will continue to promote and market Bell Gardens Connect through social media, print media, events, etc.

FISCAL IMPACT:

None.

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 508

Bell Gardens City CouncilJune 24, 2024

Bell Gardens City Council
June 24, 2024