4.6 CITY does not, and shall not waive any rights that it may possess against CONSULTANT because of the acceptance by CITY, or the deposit with CITY, of any insurance policy or certificate required pursuant to this Agreement. This hold harmless and indemnification provision shall apply regardless of whether or not any insurance policies are determined to be applicable to the claim, demand, damage, liability, loss, cost, or expense.
4.7 This Article and all provisions contained herein (including but not limited to the duty to indemnify, defend, and hold free and harmless) shall survive the termination or normal expiration of this Agreement and is in addition to any other rights or remedies which the CITY may have at law or in equity.
V.
TERMINATION
5.1 TERMINATION WITHOUT CAUSE: CITY may immediately terminate this Agreement at any time for convenience and without cause by giving prior written notice of CITY's intent to terminate this Agreement which notice shall specify the effective date of such termination. Upon such termination for convenience, CONSULTANT will be compensated only for those services and tasks which have been performed by CONSULTANT up to the effective date of the termination.
CONSULTANT may not terminate this Agreement except for cause as provided under Section 5.2, below. If this Agreement is terminated as provided herein, CITY may require CONSULTANT to provide all finished or unfinished Documents and Data, as defined in Section 6.1, below, and other information of any kind prepared by CONSULTANT in connection with the performance of the Work.
CONSULTANT will be required to provide such Documents and Data within fifteen (15) calendar days of CITY's written request. No actual or asserted breach of this Agreement on the part of CITY pursuant to Section 5.2, below, will operate to prohibit or otherwise restrict CITY's ability to terminate this Agreement for 10 Exhibit 2 258
convenience as provided under this Section.
5.2 EVENTS OF DEFAULT; BREACH OF AGREEMENT:
A. In the event either Party fails to perform any duty, obligation, service or task set forth under this Agreement (or fails to timely perform or properly perform any such duty, obligation, service or task set forth under this Agreement), an event of default (hereinafter, "Event of Default") will occur. For all Events of Default, the Party alleging an Event of Default will give written notice to the defaulting Party (hereinafter referred to as a "Default Notice") which will specify: (i) the nature of the Event of Default; (ii) the action required to cure the Event of Default; (iii) a date by which the Event of Default will be cured, which will not be less than the applicable cure period set forth under Sections 5.2(B) and 5.2(C), below, or if a cure is not reasonably possible within the applicable cure period, to begin such cure and diligently prosecute such cure to completion. The Event of Default will constitute a breach of this Agreement if the defaulting Party fails to cure the Event of Default within the applicable cure period or any extended cure period allowed under this Agreement.
B. CONSULTANT will cure the Event of Default within the following time periods:
i. Within ten (10) business days of CITY's issuance of a Default Notice for any failure of CONSULTANT to timely provide CITY or CITY's employees or agents with any information and/or written reports, documentation or work product which CONSULTANT is obligated to provide to CITY or CITY's employees or agents under this Agreement.
Prior to the expiration of the 10 -day cure period, CONSULTANT may submit a written request for additional time to cure the Event of Default upon a showing that CONSULTANT has commenced efforts to cure the Event of Default and that the Event of Default cannot be reasonably cured within the 10 -day cure period. The foregoing notwithstanding, CITY will be under no obligation to grant additional time for the cure of an Event of Default under this Section 5.2(B)(i) that exceeds seven (7) calendar days from the end of the initial 10 -day cure period; or ii. Within fourteen (14) calendar days of CITY's issuance of a Default Notice for any other Event of Default under this Agreement. Prior to the expiration of the 14 -day cure period, CONSULTANT may submit a written request for additional time to cure the Event of Default upon a showing that CONSULTANT has commenced efforts to cure the Event of Default and that the Event of Default cannot be reasonably cured within the 14 -day cure period. The foregoing notwithstanding, CITY will be under no obligation to grant additional time for the cure of an Event of Default under this Section 5.2(B)(ii) that exceeds thirty (30) calendar days from the end of the initial 14 -day cure period.
In addition to any other failure on the part of CONSULTANT to perform any 11 Exhibit 2 259
duty, obligation, service or task set forth under this Agreement (or the failure to timely perform or properly perform any such duty, obligation, service or task), an Event of Default on the part of CONSULTANT will include, but will not be limited to the following: (i) CONSULTANT's refusal or failure to perform any of the services or tasks called for under the Scope of Work; (ii) CONSULTANT's failure to fulfill or perform its obligations under this Agreement within the specified time or if no time is specified, within a reasonable time; (iii) CONSULTANT's and/or its employees' disregard or violation of any federal, state, local law, rule, procedure or regulation; (iv) the initiation of proceedings under any bankruptcy, insolvency, receivership, reorganization, or similar legislation as relates to CONSULTANT, whether voluntary of involuntary; (v) CONSULTANT's refusal or failure to perform or observe any covenant, condition, obligation or provision of this Agreement; and/or (vii) CITY's discovery that a statement representation or warranty by CONSULTANT relating to this Agreement is false, misleading or erroneous in any material respect.
C. CITY will cure any Event of Default asserted by CONSULTANT within forty- five (45) calendar days of CONSULTANT's issuance of a Default Notice, unless the Event of Default cannot reasonably be cured within the 45 -day cure period. Prior to the expiration of the 45 -day cure period, CITY may submit a written request for additional time to cure the Event of Default upon a showing that CITY has commenced its efforts to cure the Event of Default and that the Event of Default cannot be reasonably cured within the 45 -day cure period. The foregoing notwithstanding, an Event of Default dealing with CITY's failure to timely pay any undisputed sums to CONSULTANT as provided under Section 1.4, above, will be cured by CITY within five (5) calendar days from the date of CONSULTANT's Default Notice to CITY.
CITY, in its sole and absolute discretion, may also immediately suspend CONSULTANT's performance under this Agreement pending
CONSULTANT's cure of any Event of Default by giving CONSULTANT written notice of CITY's intent to suspend CONSULTANT's performance (hereinafter, a "Suspension Notice"). CITY may issue the Suspension Notice at any time upon the occurrence of an Event of Default. Upon such suspension, CONSULTANT will be compensated only for those services and tasks which have been rendered by CONSULTANT to the reasonable satisfaction of CITY up to the effective date of the suspension. No actual or asserted breach of this Agreement on the part of CITY will operate to prohibit or otherwise restrict CITY's ability to suspend this Agreement as provided herein.
E. No waiver of any Event of Default or breach under this Agreement will constitute a waiver of any other or subsequent Event of Default or breach.
No waiver, benefit, privilege, or service voluntarily given or performed by a Party will give the other Party any contractual rights by custom, estoppel, or otherwise.
F The duties and obligations imposed under this Agreement and the rights 12 Exhibit 2 260
and remedies available hereunder will be in addition to and not a limitation of any duties, obligations, rights and remedies otherwise imposed or available by law. In addition to any other remedies available to CITY at law or under this Agreement in the event of any breach of this Agreement, CITY, in its sole and absolute discretion, may also pursue any one or more of the following remedies:
i. Upon written notice to CONSULTANT, the CITY may immediately terminate this Agreement in whole or in part;
ii. Upon written notice to CONSULTANT, the CITY may extend the time of performance;
iii. The CITY may proceed by appropriate court action to enforce the terms of the Agreement to recover damages for CONSULTANT's breach of the Agreement or to terminate the Agreement; or
iv. The CITY may exercise any other available and lawful right or remedy.
CONSULTANT will be liable for all legal fees plus other costs and expenses that CITY incurs upon a breach of this Agreement or in the CITY's exercise of its remedies under this Agreement.
G. In the event CITY is in breach of this Agreement, CONSULTANT's sole remedy will be the suspension or termination of this Agreement and/or the recovery of any unpaid sums lawfully owed to CONSULTANT under this Agreement for completed services and tasks.
5.3 SCOPE OF WAIVER: No waiver of any default or breach under this Agreement will constitute a waiver of any other default or breach, whether of the same or other covenant, warranty, agreement, term, condition, duty or requirement contained in this Agreement. No waiver, benefit, privilege, or service voluntarily given or performed by a Party will give the other Party any contractual rights by custom, estoppel, or otherwise.
5.4 SURVIVING ARTICLES, SECTIONS AND PROVISIONS: The termination of this Agreement pursuant to any provision of this Article or by normal expiration of its term or any extension thereto will not operate to terminate any Article, Section or provision contained herein which provides that it will survive the termination or normal expiration of this Agreement.
VI.
MISCELLANEOUS PROVISIONS
6.1 DOCUMENTS & DATA; LICENSING OF INTELLECTUAL PROPERTY: All Documents and Data will be and remain the property of CITY without restriction or limitation upon their use or dissemination by CITY. For purposes of this Agreement, the term "Documents and Data" means and includes all reports, analyses, correspondence, plans, designs, notes, summaries, strategies, charts, 13 Exhibit 2 261
schedules, spreadsheets, calculations, lists, data compilations, documents or other materials developed and/or assembled by or on behalf of CONSULTANT in the performance of this Agreement and fixed in any tangible medium of expression, including but not limited to Documents and Data stored digitally, magnetically and/or electronically. This Agreement creates, at no cost to CITY, a perpetual license for CITY to copy, use, reuse, disseminate and/or retain any and all copyrights, designs, and other intellectual property embodied in all Documents and Data. CONSULTANT will require all subcontractors and subconsultants working on behalf of CONSULTANT in the performance of this Agreement to agree in writing that CITY will be granted the same right to copy, use, reuse, disseminate and retain Documents and Data prepared or assembled by any subcontractor or subconsultant as applies to Documents and Data prepared by CONSULTANT in the performance of this Agreement.
6.2 CONFIDENTIALITY: All data, documents, discussion, or other information developed or received by CONSULTANT or provided for performance of this Agreement are deemed confidential and will not be disclosed by CONSULTANT without prior written consent by CITY. CITY will grant such consent of disclosure as legally required. Upon request, all CITY data will be returned to CITY upon the termination or expiration of this Agreement. CONSULTANT will not use CITY's name or insignia, photographs, or any publicity pertaining to the Work in any magazine, trade paper, newspaper, television or radio production or other similar medium without the prior written consent of CITY.
6.3 FALSE CLAIMS ACT: CONSULTANT warrants and represents that neither CONSULTANT nor any person who is an officer of, in a managing position with, or has an ownership interest in CONSULTANT has been determined by a court or tribunal of competent jurisdiction to have violated the False Claims Act, 31 U.S.C., Section 3789 et seq. and the California False Claims Act, Government Code Section 12650 et seq.
6.4 NOTICES: All notices permitted or required under this Agreement will be given to the respective Parties at the following addresses, or at such other address as the respective Parties may provide in writing for this purpose:
CONSULTANT:
Kimley-Horn and Associates, Inc.
660 South Figueroa Street
Suite 2050
Los Angeles, CA 90017
Attn: Adam Maleitzke, AICP
Phone: 213-261-4095
CITY:
City of Bell Gardens
7100 S. Garfield Avenue
Bell Gardens, CA 90201
Attn: Gustavo Romo, Deputy City
Manager/Director of Community
Development
Phone: 562-806-7700
Such notices will be deemed effective when personally delivered or successfully transmitted by facsimile as evidenced by a fax confirmation slip or when mailed, forty-eight (48) hours after deposit with the United States Postal Service, first class postage prepaid and addressed to the Party at its applicable address. 14 Exhibit 2 262
6.5 COOPERATION; FURTHER ACTS: The Parties will fully cooperate with one another, and will take any additional acts or sign any additional documents as are reasonably necessary, appropriate or convenient to achieve the purposes of this Agreement.
6.6 SUBCONTRACTING: CONSULTANT will not subcontract any portion of the Work required by this Agreement, except as expressly stated herein, without the prior written approval of CITY. Subcontracts (including without limitation subcontracts with subconsultants), if any, will contain a provision making them subject to all provisions stipulated in this Agreement, including provisions relating to insurance requirements and indemnification.
6.7 CITY'S RIGHT TO EMPLOY OTHER CONSULTANTS: CITY reserves the right to employ other contractors in connection with the various projects worked upon by CONSULTANT.
6.8 PROHIBITED INTERESTS: CONSULTANT warrants, represents and maintains that it has not employed nor retained any company or person, other than a bona fide employee working solely for CONSULTANT, to solicit or secure this Agreement. Further, CONSULTANT warrants and represents that it has not paid nor has it agreed to pay any company or person, other than a bona fide employee working solely for CONSULTANT, any fee, commission, percentage, brokerage fee, gift or other consideration contingent upon or resulting from the award or making of this Agreement. For breach or violation of this warranty, CITY will have the right to rescind this Agreement without liability. For the term of this Agreement, no member, officer or employee of CITY, during the term of his or her service with CITY, will have any direct interest in this Agreement, or obtain any present or anticipated material benefit arising therefrom.
6.9 TIME IS OF THE ESSENCE: Time is of the essence for each and every provision of this Agreement.
6.10 GOVERNING LAW AND VENUE: This Agreement will be interpreted and governed according to the laws of the State of California. In the event of litigation between the Parties, venue, without exception, will be in the Los Angeles County Superior Court of the State of California. If, and only if, applicable law requires that all or part of any such litigation be tried exclusively in federal court, venue, without exception, will in the Central District of California located in the City of Los Angeles, California.
6.11 ATTORNEYS' FEES: If either Party commences an action against the other Party, legal, administrative or otherwise, arising out of or in connection with this Agreement, the prevailing Party in such litigation will be entitled to have and recover from the losing Party reasonable attorneys' fees and all other costs of such action.
6.12 SUCCESSORS AND ASSIGNS: This Agreement will be binding on the successors and assigns of the Parties.
15 Exhibit 2 263
6.13 NO THIRD -PARTY BENEFIT: There are no intended third -party beneficiaries of any right or obligation assumed by the Parties. All rights and benefits under this Agreement inure exclusively to the Parties.
6.14 CONSTRUCTION OF AGREEMENT: This Agreement will not be construed in favor of, or against, either Party but will be construed as if the Parties prepared this Agreement together through a process of negotiation and with the advice of their respective attorneys.
6.15 SEVERABILITY: If any portion of this Agreement is declared invalid, illegal, or otherwise unenforceable by a court of competent jurisdiction, the remaining provisions will continue in full force and effect.
6.16 AMENDMENT; MODIFICATION: No amendment, modification or supplement of this Agreement will be valid or binding unless executed in writing and signed by both Parties, subject to CITY approval. The requirement for written amendments, modifications or supplements cannot be waived and any attempted waiver will be void and invalid.
6.17 CAPTIONS: The captions of the various articles, sections and paragraphs are for convenience and ease of reference only, and do not define, limit, augment, or describe the scope, content, or intent of this Agreement.
6.18 INCONSISTENCIES OR CONFLICTS: In the event of any conflict or inconsistency between the provisions of this Agreement and any of the exhibits attached hereto, the provisions of this Agreement will control.
6.19 ENTIRE AGREEMENT: This Agreement, including all attached exhibits, constitutes the entire, complete, final and exclusive expression of the Parties with respect to the matters addressed herein and supersedes all other agreements or understandings, whether oral or written, which may have been entered into between CITY and CONSULTANT prior to the execution of this Agreement. Any statements, representations, or other agreements, whether oral or written, made by either Party that is not embodied herein will not be valid or binding on the Parties. No amendment, modification or supplement to this Agreement will be valid and binding unless in writing and duly executed by the Parties pursuant to Section
6.16, above.
6.20 FORCE MAJEURE: The Term shall be extended in the event of any delays due to unforeseeable causes beyond the control of CONSULTANT and without the fault or negligence of CONSULTANT, including but not limited to severe weather, fires, earthquakes, floods, epidemics, quarantine restrictions, riots, strikes, freight embargoes, wars, litigation, and/or acts of any governmental agency, including the CITY, if the CONSULTANT shall within three (3) calendar days of the commencement of such delay notify the City Representative in writing of the causes of the delay. The City Representative shall ascertain the facts and the extent of delay, and extend the time for performing the services for the period of the enforced delay when and if in the judgment of the City Representative such delay is justified. The City Representative's determination shall be final and 16 Exhibit 2 264
conclusive upon the parties to this Agreement. In no event shall CONSULTANT be entitled to recover damages against the CITY for any delay in the performance of this Agreement, however caused, CONSULTANT's sole remedy being extension of the Agreement pursuant to this Section.
6.21 COUNTERPARTS: This Agreement may be executed in any number of counterparts, each of which shall be deemed an original, but all of which when taken together shall constitute one and the same instrument. No handwritten or typewritten amendment, modification or supplement to any one counterpart will be valid or binding unless made to all three counterparts in conformity with Section
6.16, above. One fully executed original counterpart will be delivered to CONSULTANT and two original counterparts will be retained by CITY. (SIGNATURES ON NEXT PAGE)
17 Exhibit 2 265
IN WITNESS WHEREOF, the Parties hereto have caused this Agreement to be executed the day and year first appearing in this Agreement, above.
CITY OF BELL GARDENS: KIMLEY-HORN AND ASSOCIATES, INC.:
By: By:
Name: Name:
Title: Title:
Date: Date:
APPROVED AS TO FORM:
By:
Stephanie Vasquez, City Attorney
18 Exhibit 2 266
EXHIBIT "A"
CITY RFP
19 Exhibit 2 267
REQUEST FOR PROPOSALS
The Bell Gardens
Transit Oriented Community Specific Plan and
Zoning Code Update
RFP Release Date
Thursday, April 25, 2024
Proposal Submittal Deadline
5:00 p.m., Tuesday, May 28, 2024
Contact Person:
Steven Jones, City Planner
City of Bell Gardens
7100 Garfield Avenue
Bell Gardens, CA 90201
(562) 806-7700
sjones(&bel Igardens.orq
7100 Garfield Avenue • Bell Gardens, CA 90201 • (562) 806-7700 • www.bellgardens.org Exhibit 2 268
TABLE OF CONTENTS
TABLE OF CONTENTS 2
INTRODUCTION 3
SUBMITTAL PROCEDURES/DEADLINE 4
DEFINITIONS, TERMS, AND CONDITIONS 5
BACKGROUND 7
SCOPE OF SERVICES 8
PROPOSAL FORMAT AND CONTENT REQUIREMENTS 17
EVALUATION CRITERIA 20
SAMPLE PROFESSIONAL SERVICES AGREEMENT 22
Exhibit 2 269
NTRODUCTION
The City of Bell Gardens (City) is seeking a qualified consultant with proven expertise to submit a proposal to provide and implement an effective and comprehensive Transit Oriented Community Specific Plan (TOC) and Zoning Code Update (ZCU) to (1) guide future land use development and transportation access for the disadvantaged community surrounding the Florence and Garfield Ave. corridors, (2) establish priority needs and feasible project options for implementing active transportation mode -shift in an otherwise vehicle -dominant community, and (3) allow for the City to implement equitable, complete first -last mile connections to neighborhoods, housing projects, transit, employment centers, schools, parks, and more.
The TOC program's mission is to provide a safe and reliable transportation network that serves all people and respects the environment. The selected consultant would be responsible for developing and executing strategies to reach community audiences, coordinate stakeholder outreach, property owners and developers to develop and finalize the Bell Gardens Transit Oriented Community Specific Plan and Zoning Code Update (BG-TOC/ZCU), or "BG Connect" The BG-TOC/ZCU should assess existing conditions within Bell Gardens that present community -wide challenges, seek public input from the community and stakeholders to fully comprehend existing and future transportation network needs, and recommend projects and programs strategic to creating a healthier and more vibrant Bell Gardens. The plan should be carefully crafted to enable fast implementation to achieve citywide connectivity and pedestrian facilities such as safer routes to local parks, schools, transit, and other central points throughout the community.
The City is situated between two (2) major freeways (I-710, I-5), and has six (6) neighborhood parks, and 11 schools (six (6) elementary schools, two (2) intermediate schools, one (1) high school, and two (2) adult schools). The project would benefit stakeholders by directly addressing equity, environmental, mobility, and health challenges through the provision of a safer, less car -dependent, and more affordable built environment through transportation infrastructure that facilitates transit use and the creation of more transit -oriented developments (TODs).
It is the intent of the City to select a single consultant to accomplish and/or supply all services outlined in this Request for Proposals (RFP).
The City reserves the right to accept or reject any or all responses received in response to this request. The City also reserves the right to waive any informality, technical defect or clerical error or irregularity in any response. The City's potential award of an agreement would not be based on any single factor, nor would it be based solely or exclusively on the lowest cost proposal. If an agreement is awarded, it would be awarded to the Consultant who, in the judgment of the City, has presented an optimal balance of relevant experience, price, quality of service, work history and other factors which the City may consider relevant and important in determining which proposal is best for the City. Additionally, the City may, for any reason, decide not to award an agreement based on this RFP. The City reserves the right to cancel this RFP. The City shall not be obligated to respond to any responses submitted, nor be legally bound in any manner by the submission of the response. The City reserves the right to negotiate deliverables and associated costs.
Exhibit 2
270
SUBMITTAL PROCEDURES/DEADLINE
An electronic version shall be emailed to cityclerkdeskanbellgardens.orq and [email protected] no later than 5:00 p.m. on Tuesday, May 28, 2024. Additionally, three (3) hard copy sets of the proposal (two (2) bound, one (1) unbound) shall be postmarked no later than 2:00 p.m. on Saturday, May 25t11, 2024, to the City Clerk's Office. The electronic version of the proposal must be an exact duplicate of the hard copies and the subject line must read "The Bell Gardens Transit Oriented Community Specific Plan and Zoning Code Update." If the proposal includes any comments over and above the specific information requested in this RFP, such information should be included as a separate appendix and placed at the end of the proposal.
Postmarks by this date are unacceptable and no facsimiles will be accepted. Please mail or deliver your response in a sealed envelope with "Bell Gardens Transit Oriented Community Specific Plan and Zoning Code Update " written below the address label and addressed as follows:
City Clerk's Office
Attention: Daisy Gomez, City Clerk
ACP Outreach RFP Response
City of Bell Gardens
7100 Garfield Avenue
Bell Gardens, CA 90201
Questions and Inquiries
To ensure a fair and objective RFP process and evaluation, all questions and inquiries related to this RFP shall be addressed in writing to Steven Jones, City Planner, at s'ones a(�bellgardens,orq. The deadline for written questions and inquiries is Wednesday, May 22, 2024. City Hall is open Monday through Thursday from 7:30 AM to 6:00 PM.
The tentative schedule for this RFP is as follows:
Release of RFP
Date
Deadline for Q&A Written Submittals
Wednesday, May 22, 2024
Virtual Meeting Question and Answer Session
Thursday, May 23, 2024
Proposal Submission Deadline
Tuesday, May 28, 2024
Interviews for Qualified Consultants
Week of Monday, July 8th
2024
Tentative City Council Consultant selected/Agreement Approval Monday, August 12, 2024
DEFINITIONS, TERMS, AND CONDITIONS
Exhibit 2
271
Definitions: To simplify and clarify the language throughout this RFP, the following definitions shall apply:
CITY COUNCIL: The elected officials of the City of Bell Gardens, who have been given the authority to exercise such powers and jurisdiction on all City business as conferred by the State Constitution and the City of Bell Gardens Municipal Code.
AGREEMENT: An agreement between the City and the selected consultant to furnish professional services over a designated period (such as the sample form attached as Exhibit A).
CONSULTANT: Organization, firm, or individual offering a proposal in response to this RFP.
Proposal General Terms and Conditions:
Electronic Documents
Consultants may be supplied with the original RFP documents in electronic form to aid in the preparation of proposal(s). By accepting these electronic documents, each Consultant agrees not to edit or change the language or format of these documents. Submission of a proposal by Consultants signifies full agreement with this requirement.
Receipt of Proposals
Submitted proposal(s) must be properly addressed and received by the City prior to the date and time specified. The mere fact that the proposal was dispatched will not be considered; the Consultant must ensure that the proposal is delivered.
Proposals received after the date and time specified shall be returned and will be considered void and unacceptable. The City is not responsible for the lateness of the mail carrier, et cetera; and the time/date stamp of receipt by the City Clerk's Office shall be the official time of receipt.
Alterations
Proposal documents cannot be physically altered or amended after the closing date. Alterations made before closing must be initialed by the Consultant to guarantee authenticity. Proposals may not be withdrawn after the proposal closing date, and each Consultant agrees to this stipulation upon submittal of its proposal. However, all proposals are subject to negotiation before an agreement is awarded as further described below.
Communication
The City shall not be responsible for any verbal communication between any employee of the City and any proposed Consultant. Only written requirements and qualifications will be considered.
No oral statement of any person shall modify or otherwise change, or affect the terms, conditions, or specifications stated in the resulting contract.
Exhibit 2
272
Reservations
The City reserves the right to reject any and all proposals received as a result of this RFP. The City's potential award of an Agreement would not be based on any single factor, nor would it be based solely or exclusively on the lowest cost proposal. If an Agreement is awarded, it would be awarded to the Consultant who in the judgment of the City has presented an optimal balance of relevant experience, price, quality of service, work history and other factors which the City may consider relevant and important in determining which proposal(s) is best for the City. The City reserves the right to cancel or modify this RFP. There is no guarantee that the City would award an Agreement.
Reimbursements
The Consultant shall be solely and exclusively responsible for all costs incurred in connection with the preparation and submission of the proposals; demonstrations; interviews; preparation of responses to questions and requests for additional information; for contract discussions; or for anything in any way related to this RFP. The City is not liable for any costs incurred by a proposer in response to this RFP. Whether or not a Consultant is awarded an Agreement pursuant to this RFP, no proposer shall be entitled to reimbursement for any costs or expenses associated with the Consultant's participation in this RFP process.
Certification
Any proposal that does not contain all the information requested in this RFP will be considered incomplete and may be rejected by the City.
Funding
The City operates and is funded on a fiscal yearly basis. Accordingly, the City reserves the right to terminate, without any liability, any Agreement for which funding is not available.
Negotiations
Negotiations may be conducted with responsible Consultants who submit proposals that are reasonably susceptible of being selected. All Consultants reasonably susceptible of being selected based on criteria set forth in this RFP may be given an opportunity to make a presentation and/or interview. Although this process could ultimately result in the award of a single Agreement, the City reserves the right to negotiate an Agreement with more than one (1) firm.
Additional Information
During the proposal evaluation process, the City reserves the right, where it may serve the City's best interest, to request additional information or clarifications from Consultants. The City also reserves the right to investigate the qualifications of the proposed Consultant(s) as it deems appropriate.
RFP
Consultants should be aware that the RFP and the contents of the successful proposal would become a part of any subsequent contractual documents that may arise from this RFP.
Following the Proposal Submission Deadline, the City, pursuant to the California Public Records Act (Govt. Code Section 6250 et seq.) reserves the right to make copies of all submitted proposals available for inspection and copying by any interested member of the Exhibit 2
273
public, except to the limited extent the City determines that any information contained in a proposal is legally privileged under the California Public Records Act. By submission of a proposal, Consultants acknowledge and agree that their proposal and any information contained therein may be disclosed by the City to interested members of the public, including other proposers. All responses to the RFP received become a matter of public record and shall be regarded as public records, except for those elements in each proposal which are defined by the Proposer as business or trade secrets and plainly marked as "Confidential," "Trade Secret," or "Proprietary." The City shall not in any way be liable or responsible for the disclosure of any such proposal or portions thereof, if they are not plainly marked as "Confidential," "Trade Secret," or "Proprietary" or if disclosure is required under the Public Records Act. Any proposal which contains language purporting to render all or significant portions of the proposal "Confidential," "Trade Secret," or "Proprietary" shall be regarded as non -responsive.
Award of the Agreement
Award of the Agreement would be by the City Council at a public meeting.
BACKGROUND
The City of Bell Gardens is a General Law City governed by an elected five (5) -member City Council that appoints the City Manager. The City has a population of approximately 39,000 in an area of 2.4 square miles and is located in the southeastern part of Los Angeles County.
On March 9, 2023, CalTrans announced the Sustainable Transportation Planning Grant Program awards for Fiscal Year (FY) 2023-24. The State -funded Sustainable Communities grants ($29.5 million) are intended to support and implement the Regional Transportation Plan (RTP) Sustainable Communities Strategies/Alternative Planning Strategies (SCS/APS) (where applicable) and to ultimately achieve the State's greenhouse gas (GHG) reduction target of 40 and 80 percent below 1990 levels by 2030 and 2050, respectively.
On October 9, 2023, the Bell Gardens City Council approved authorization of accepting funding from the California Department of Transportation Sustainable Transportation Planning Grant that would assist in the creation of a Transit Oriented Community (TOC) plan to address mobility, connectivity, and increased active transportation ridership.
The primary goal of this RFP is to solicit proposals from qualified consultants who can assist the City in implementing an effective and comprehensive plan that would address connectivity challenges within its disadvantaged communities between affordable housing and transit centers, schools, parks, and commercial centers, while improving safety for residents and active transportation users. The proposed Transit Oriented Communities Specific Plan General Plan and Zoning Code amendments would be crucial to immediately address critical gaps in housing, transit accessibility, active transportation, safe routes to schools, parks, and employment centers, while improving regional connectivity into nearby communities of Huntington Park, South Gate, Downey, Commerce, and Bell, and cultivating the active transportation network within local low-income neighborhoods. The new comprehensive planning documents would guide future land use development and transportation access for Exhibit 2
274
the disadvantaged communities surrounding corridors, ultimately establish priority needs and feasible project options for implementing active transportation mode -shift in an otherwise vehicle -dominant community, and enable the City to implement equitable, complete first -last mile connections to neighborhoods, housing projects, transit, employment centers, schools, parks, and more.
The project objectives are as follows:
I. Ensure that this disadvantaged community fully shares in equitable benefits of this project and grant program.
II. Create a comprehensive plan that is inclusive and informed by meaningful and effective community and stakeholder outreach;
III. Reduce vehicular miles traveled by increasing the proportion of trips accomplished by active transportation modes of biking and walking; IV. Increase the safety and mobility of pedestrians and cyclists of all ages and abilities;
V. Further the active transportation efforts of the region to achieve greenhouse gas (GHG) emission reduction targets;
VI. Create a well-defined, detailed project list to enhance affordable housing, active transportation safety and connectivity alongside encouraging non -motorized commuting;
VII. Promote increased public health outcomes, especially as residents live in areas identified as disadvantaged and low-income communities; and VIII. Incorporate sustainable design standards that further climate resiliency.
SCOPE OF SERVICES
The Scope of Work, as may be modified through negotiation and/or by written addendum, would be made a part of the future Agreement. The project would align with the Los Angeles Metropolitan Transportation Authority (Metro), the City's Circulation and Housing Elements and Complete Streets Plan, West Santa Ana Branch Corridor Transit Oriented Development Strategic Implementation Plan (TOD SIP), Connect SoCal 2024(2024-2050), the California Transportation Plan 2050, and the California Department of Transportation (Caltrans) division of procurement and contracts agreement. Noted in the Caltrans agreement, Item No. 33 (Exhibit B), all deliverables produced under the Restricted Grant Agreement (RGA), including but not limited to, all work and deliverables conceived or made, are under the ownership and propriety property of Caltrans. Please provide brief, itemized answers that correspond to each numbered section that clearly describe how your firm would approach the task. The selected Consultant would be responsible for providing the following services, with key deliverables, to the City:
Task 1: Project Management Plan and Team Meetings
• Project Management Plan (City/Consultant)
Exhibit 2
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Following the execution of an Agreement, the consultant would prepare a Project Management Plan (PMP) for the project to include details on the expected work task milestones, team coordination, lead communications, and quality assurance/quality control procedures between the consultant and City staff. The PMP would include the project schedule and all deadlines for deliverables with responsibilities and submission procedures clearly outlined. In addition, the consultant would work with the City to develop a regular meeting schedule for the project to facilitate collaboration and coordination between City staff and the consultant team.
• Project Team Meetings (City/Consultant)
The task would include regularly scheduled project meetings between City staff and the consultant team, as established in the PMP. All meeting agenda and notes would be documented and made available to Caltrans, City staff, and the consultant team.
Deliverables:
1. Project Management Plan
2. Project Schedule
Task 2: Research & Analysis
• State, Regional, and Local Agency Plan/Policy Review
o The consultant would be held responsible for reviewing state, regional, and local agency planning and policy documents that pertain to the project, including but not limited to, the California's Streets and Highways Code; Caltrans Strategic Plan, California Transportation Plan 2050, California Bicycle and Pedestrian Plan (and other modal connectivity plans); SCAG's Regional Transportation Plan/Sustainable Communities Strategy (RTP/SCS) and Active Transportation Plan; LA Metro's Active Transportation Strategic Plan and First/Last Mile Plans; and Bell Gardens General Plan Circulation and Housing Elements, and other documents pertaining to Complete Streets, Smart Mobility, Affordable Housing, and Sustainable Communities Planning Efforts.
o Additionally, Task 2 Research & Analysis would include review of the following existing city plans and documents that would be updated and integrated into a single Bell Gardens TOC Specific Plan: 2022 Circulation Element, 2020 Complete Streets Plan, West Santa Ana Branch Corridor TOD SIP, Americans with Disabilities Act (ADA) plans, Local Hazard Mitigation Plan, and other relevant area plans. The BG-TOC/ZCU would also incorporate mixed use codes and policies adopted by other cities that have led to the successful development of TODs or mixed -use infill projects, alongside shared parking policies and programs from other cities to revise the City's Zoning Code Exhibit 2
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pertaining to mixed use to ensure that the BG-TOC/ZCU would be consistent with and support existing state, regional, and local plans, policies, and programs.
• Analysis of Existing Conditions Study
The consultant would review the General Plan's applicable elements (land use, circulation, safety, et cetera) as well as the existing Zoning Code and map for General Plan inconsistencies and impediments to TOD implementation. The consultant would review existing conditions of parcels within the project area to assess the existing commercial, retail, and housing sites, as well as potential opportunity sites. The analysis of existing conditions in the project area would take into consideration the following factors: current density and multi -unit availability, existing site layout, business design, area design, affordable housing, commercial stabilization, business retention and expansion, transit prioritization, accessibility, and transit demand management. • Project Area -wide Origins -Destinations (Mobility), Intermodal Connectivity, and First/Last Mile Needs Analysis and Mapping
o The consultant would identify key origins and destinations within the project area, including important points of connectivity (i.e., schools, parks, employment, transit, commercial/retail, the civic center), and prepare a map of land use settlement patterns, which may include items such as locations of residential neighborhoods, schools, hospitals, senior centers, major employers, shopping plazas, and more. As such, the consultant would gather a list of "opportunity areas" prime for economic revitalization and development for transit -oriented purposes. Together with the City, the consultant would identify different parcels located within easy walking distance of the 110/111 Metro bus stops along Florence Ave. that would be ideal for TOD projects.
Each of the identified parcels would close the first/mile gap in the project area. o The consultant would prepare a map and description of existing transportation stops and stations for intermodal connectivity. The plan's focus would be on corridors providing connectivity to schools, parks, transit, employment, and civic centers. In conjunction with the City's Complete Streets Plan and existing zoning maps, the consultant would assess the project area's existing site layout, parking placement, building design, to identify factors such as parking availability, close -by shopping, and walkability. These factors listed would be utilized by the consultant to integrate first/last mile principles to ensure improved travel times and speeds, reducing barriers to ridership. • Equity Study
The consultant would prepare an equity study that would focus on identifying needs and input of certain groups in the community that have been systematically excluded in sectors of health, mobility, income, and other inequities as a result of disproportionate burdens from policies and practices Exhibit 2
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that have limited opportunities based on race, age, gender, sexual orientation, immigration status, disability status, or religion to ensure that no community member in Bell Gardens would be excluded from participating in the project planning process, and to close the first mile/last mile gap in access to amenities, regional counties, and local connectivity. To make sure that the proposed TOC Specific Plan General Plan and Zoning Code amendments would meet the needs of the community, the consultant would ensure the inclusive involvement of residents, businesses, and other stakeholders, with attention to the voices of disadvantaged, low-income members of the community. Coupled with the above, the consultant would work with the City to develop transparent practices with respect to the development of TOD districts, overlays, density levels, and upcoming meetings to ultimately create a long-term feedback loop. • Accidents and Safety Analysis and Mapping
The consultant would obtain and map the location of bicycle and pedestrian collision reports from the Statewide Integrated Traffic Records System (SWITRS) and would identify existing bicycle and pedestrian safety/education programs within or adjacent to the project area. Additionally, the City seeks to maximize development of the area to take advantage of traffic flow and enhanced first/last mile programs to improve and excel at transit demand management. With these routes and data in mind, the consultant would create a prioritized list of routes around the project, utilizing routes to maximize mobility and safety.
• Needs Analysis
The consultant would gather information and data from the tasks listed above to further evaluate the City's active transportation needs. From this information, the consultant would identify key infrastructure needs and active transportation facilities that would be analyzed and addressed in the BG-TOC/ZCU.
Deliverables:
1. Research and Analysis
a. Plan and Policy Evaluation Summary Analysis
b. Analysis of Existing Conditions
2. Project Area -wide Origins, Destinations, and Intermodal Connectivity Analysis and Related Maps
a. Opportunity Areas List
b. Intermodal Connectivity Maps
3. Equity Study
4. Accident/Safety Data and Related Maps
5. Initial Needs Analysis and Memo
Task 3: Public Engagement:
Exhibit 2
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• Stakeholder Engagement Plan
The consultant, with City staff, would develop a stakeholder engagement plan for the project. The purpose of the plan would be two (2) -fold: 1) create an equitable, inclusive, and community participatory approach to outreach with an emphasis on disadvantaged, vulnerable, and underserved communities in the project area; and 2) create a transit -oriented development plan and Zoning Code amendments reflective of expected outcomes derived from the community input process.
At a minimum, the plan would include the following:
• objectives and goals for the public input and review process for the project;
• contact list of community -based organizations and local public/private schools, summary of engagement methods; and
• evaluation of events and locations to conduct the community outreach.
Outreach and engagement may build off of existing community events and programming the City currently annually employs. The stakeholders would be comprised of residents, employment centers, business owners, nonprofit organizations, faith -based groups, City departments, law enforcement officers, and transit agencies.
• Project Website, Social Media Interactive Town Hall, and Marketing/Publicity The consultant would create a project information webpage on the City's website, which would describe the project, display upcoming events and meetings, and provide the community with regular project -related status updates. In addition, the consultant would create social media content to engage the community throughout the duration of the project and would invite followers to an interactive town hall event. The content and marketing materials would all be informed by input provided by City staff and stakeholders. To reach a broad audience, announcements, flyers, posters, and digital marketing materials would be created and coordinated in advance of all engagement events (whether they are virtual, in person, or hybrid). Promotional materials would be translated into the predominant languages spoken in the community, which include Spanish and English.
• Community Survey
The community survey would be a key tool used to understand the active transportation and housing needs of bicyclists, pedestrians, public transit users, and non -transit users in the project area. The active transportation segment of the survey would inquire about needs specifically with regards to areas of connectivity most important to users and barriers for those who do not utilize such modes of transportation. The affordable housing segment of the survey would inquire about needs specific to perceived housing security, affordability, and availability. The survey would also provide key insight into the common Exhibit 2
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origins and destination points of current bicyclists, pedestrians, transit users, and non -transit users, as well as provide an opportunity for them to convey their desires, needs, and concerns regarding the active transportation network. The survey would be conducted in several ways: online and at pop-up events, advisory group meetings, and open house meetings. Information related to the survey's availability would also be announced at City Council and Planning Commission meetings, on the public broadcast station, and in the local newspaper.
• Community Outreach Meetings, Open House Events, and Workshops (Varied In-person/Online)
The purpose of this task would be to implement the outreach strategy developed in previous tasks. The consultant, with support from City staff, would alert community groups, schools, faith -based institutions, property owners, residents, adjacent jurisdictions, and other stakeholders, about the project utilizing the marketing methods described above. The consultant would work with community -based organizations and local public/private schools to encourage breadth in participation, as well as coordinate with other City Departments (Le., Public Works and Parks & Recreation and Community Services Departments) that interact regularly within the local community.
The consultant would conduct at least two (2) open house events (one (1) in the east, the other in the west part of the project area), and three (3) public workshops to describe the project, recognize community opportunities and challenges, identify preliminary analyses and findings, create a shared vision for the project area, and share strategies to realize the vision as a community effort.
The meetings / workshops would be conducted in English and Spanish (on an as -needed basis and in consultant with City staff). The three (3) workshops would have varied engagement methods that would emphasize going out into the community to gather intentional feedback at locations, times of day, and venues that are convenient for community members. Virtual meetings may be preferred, depending on existing public health and/or safety conditions within the community and region.
Deliverables:
1. Stakeholder Outreach and Engagement Plan
2. Postcards, Project Website, social media content, meeting notices, presentations, and notes
3. Project Website, Social Media/Interactive Town Hall Site/Surveys
4. Facilitated Mandatory Community Engagement / Outreach Meetings and Activities
Task 4: Policy Framework & Proposed Connectivity Projects Exhibit 2
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• Goals, Objectives, Policies, and Performance Measures The consultant would work with City staff to develop goals, objectives, policies, and performance metrics for the BG-TOC/ZCU. This task would create the foundation of the BG-TOC/ZCU by establishing its context within which proposed projects would be prioritized for implementation, based on connectivity and community context, and performance towards plan goals would be monitored. Performance measures would be quantifiable standards. Task 4 would incorporate community input from Task 3 to ensure that community values and needs are represented and reflected in the BG-TOC/ZCU. • Best practices — Design Elements Toolbox
The consultant would develop a menu of best practices for Complete Streets and other design elements that may be utilized in future roadway projects, drawing from the Caltrans Complete Streets Toolbox and Smart Mobility Framework.
• Zoning Code Update Program
The consultant would draft a program of best practices for updates to mixed use zoning codes that would be strategically geared for the City of Bell Gardens, based on the collection of best practices from other cities that have successfully developed a TOD (Task 2). Additionally, the consultant would review community goals and input identified from community workshops or other planning efforts, such as the SCAG Compass Blueprint (Task 3). From this assessment would come the drafting of three (3) different summaries related to the proposed amended Zoning Code: (1) TOD or mixed -use infill policies from other cities including a discussion of their applicability to BeII Gardens; (2) existing community goals and objectives from other city documents, and a written summary of stakeholder interviews/workshop input; and (3) a prioritized list of Zoning Code, zoning map update recommendations for City staff review. The consultant would work with the Recreation and Community Services, Community Development, and Public Works departments to determine zoning consistency.
• Proposed Affordable Housing Program of Projects
The consultant would design and map the proposed affordable housing development and connectivity network, including identified parcels that serve as excellent examples of developable sites. This includes development of a complete and detailed list of future projects (Program of Projects) that would be prioritized for implementation. Each project would include a brief project description, including project specific information as it relates to connectivity, as well as potential constraints, such as built environment conditions (walkability score, distance to public transportation stops, sidewalk availability), itemized preliminary cost estimate, and the City Council District in which the project is located. A schematic design overlaid on recent aerial photography would also Exhibit 2
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be included. The consultant would use information from previous tasks and coordinate with the Recreation and Community Services, Community Development, and Public Works departments to determine appropriate locations and the extent of the network and facilities. • Proposed Bicycle Program of Projects
The consultant would design and map the proposed bicycle connectivity network, including support facilities. This includes development of a complete and detailed list of future projects (Program of Projects) that would be prioritized for implementation. Each project would include a brief project description, including project specific information as it relates to connectivity, as well as potential constraints, such as right-of-way acquisition or roadway conditions (freeway underpasses with easement/right-of-way challenges), itemized preliminary cost estimate, and the City Council District in which the project is located. A schematic design overlaid on recent aerial photography would also be included. The consultant would use information from previous tasks and coordinate with the Recreation and Community Services, Community Development, and Public Works departments to determine appropriate locations and the extent of the network and facilities. • Proposed Pedestrian Program of Projects
The consultant would design and map the proposed pedestrian connectivity network, including support facilities in the project area. This includes development of a complete list of future projects (Program of Projects) that would be prioritized for implementation. Each project listed would include a brief project description, including project specific information and potential constraints, such as right-of-way acquisition, itemized preliminary cost estimate, and the City locational criterion. A schematic design overlaid on recent aerial photography would also be included. The program would utilize information from previous tasks and coordination with the Recreation and Community Services, Community Development, and Public Works departments to determine appropriate locations and the extent of the network and facilities. Multi -modal connections would be a non-negotiable incorporation in the network. • Proposed ADA Program of Projects
Utilizing the inventory of corners where ADA ramps are currently missing or are noncompliant, the consultant would create a priority list based on metrics determined by City staff. The proposed ADA program of projects includes the creation of a comprehensive list of future projects (Program of Projects) that would serve as a priority list for implementation. The consultant would also develop and map a program of projects to bring these facilities up to current ADA standards.
• Safe Routes to Schools Program of Projects (City/Consultant) The consultant would identify and map potential improvements to City Exhibit 2
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infrastructure to support Safe Routes to School connections throughout the city using the project corridors, as previously described. This includes development of a complete list of future projects (Program of Projects) that would be prioritized for implementation. Each project listed would include a brief project description, including project specific information and potential constraints, such as right-of-way acquisition, itemized preliminary cost estimate, and the City Council District in which the project is located. A schematic design overlaid on recent aerial photography would also be included.
Deliverables:
1. Goals, Objectives, Policies, and Performance Measures;
2. Design Elements Toolbox and Best Practices;
3. Zoning Code Updates Program, maps, schematics, and recommendations;
4. Proposed Affordable Housing Program of Projects, maps, schematics, and recommendations;
5. Proposed Bicycle Program of Projects, maps, schematics, and recommendations;
6. Proposed Pedestrian Program of Projects, maps, schematics, and recommendations;
7. Proposed ADA Program of Projects, maps, schematics, and recommendations; and
8. Safe Routes to School Program of Projects, maps, schematics, and recommendations.
Task 5: Prepare Planning Documents (Draft and Final Plan) • Project Prioritization
The consultant would create criteria to rank the priority of each program of projects developed as part of Task 4. Projects would be ranked by priority as to help the City develop an implementation plan that swiftly addresses public safety issues while enhancing connectivity, comfort, and effectiveness of bicycle, pedestrian, transit networks, affordable housing availability, ADA, and Safe Routes to Schools networks over time. With City input, the consultant would develop a short-term attainable program of projects to be completed over two (2) fiscal years / budget cycles. The consultant would also create a longer -term program of projects, which ensures coverage of multiple funding cycles, and that may need or permit formal design, right-of-way acquisition, or other "larger" type of effort or resource dedication. These longer -term recommendations may enhance competitiveness as a result of a more "complete" and/or "ready" project.
• Funding Sources and Strategies
The consultant shall describe past expenditures for pedestrian facilities, bicycle facilities, TOD development, and Zoning Code adoption, and identify the costs associated with the implementation of the BG-TOC/ZCU, in addition to any alternative or future financial needs for maintenance and operation.
Exhibit 2
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The consultant should extract and discuss future funding sources and strategies for obtaining funding, including measures to connect to other regional transit -oriented communities and transit opportunities to induce sustainable, regional mode -shift. The consultant should discuss all regional funding program opportunities and regional partnerships available and consistent with the project and review the Program of Projects developed to create a recommended list of projects most likely to score well for competitive grant programs.
• Administrative Draft Bell Gardens-TOC Specific Plan and Zoning Code Updates
The consultant and the City Staff would work together to incorporate study surveys, maps, implementation, policy framework, and financing plans, as well as coordinate with other local plans to develop the Administrative Draft TOC Specific Plan. The City would coordinate with other City departments for input. Utilizing the Zoning Code Updates program from Task 4, the consultant would prepare an updated zoning code and zoning map for City staff review.
The consultant would work with the Recreation and Community Services, Community Development, and Public Works departments to determine zoning consistency.
• Release Draft Transit -Oriented Communities Specific Plan and Zoning Code Updates
City staff would work with the consultant to release the draft BG-TOC Specific Plan and draft mixed use Zoning Code amendment to the public and provide them with the opportunity to make public comments. The consultant would be responsible for holding public meetings where they would present the project draft specific plan General Plan amendment and solicit feedback. A similar process would be coordinated for modification and adoption of the proposed amended Zoning Code, including staff agenda reports for Planning Commission recommendation and City Council resolution and action. Along with in -person feedback from the community meetings, feedback would also be requested and welcomed on the project website.
• Finalize Transit -Oriented Communities Specific Plan and Zoning Code Adoption
The consultant would prepare the final Bell Gardens-TOC Specific Plan based on feedback and comments from the public and would also produce the final Plan and Zoning Code amendments and map.
Deliverables:
1. List of prioritized projects based on feasibility, likely funding availability, and community feedback;
2. Proposed list of funding sources, including framework for Phases and Partnerships;
3. Environmental Impact Memorandum;
4. Draft BG-TOC/ZCU; and
5. Public Meeting Agenda, Presentation, Meeting Minutes, and Notes Final
BG-TOC/ZCU
Exhibit 2
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PROPOSAL FORMAT AND CONTENT REQUIREMENTS
The following instructions describe the form in which proposals must be submitted.
Responses to the following items will be used for proposal evaluation. Proposals that do not contain responses to each of the requirement items will be considered incomplete and may be rejected.
Proposal documents should provide a straightforward, concise description of the Consultant's capabilities to satisfy the requirements of this RFP. Emphasis should be on completeness, clarity of content, and conveyance of the information requested by the City. The requirements stated do not preclude a Consultant from furnishing additional reports, functions, and costs as deemed appropriate.
The proposal must contain the following eight (8) elements describing how the Consultant would perform the assignment:
1. Transmittal Letter:
a. A letter of transmittal signed by an individual authorized to bind the proposer stating the proposer has read and will comply with all terms and conditions of the RFP. The transmittal letter will contain, at a minimum: a) company name and address; and b) an executive summary briefly describing the proposer's ability to perform the work requested, a history of the Consultant's background and experience providing services.
b. Conflict of Interest Statement: The Consultant shall disclose any financial, business, or other relationship with the City that may have an impact upon the outcome of this Agreement. Particular attention should be paid to compliance with Government Code section 1090.
2. Work Plan/Pro'ect Approach:
a. Include description of a) the approach and methodology to be taken in addressing the scope of work, b) a listing of the specific tasks, milestones and deliverables required to properly perform the services, and c) a timeline from inception to completion.
b. The estimated timeline for the project is approximately 18 months, starting from the contract execution date. The City expects the selected consultant to adhere to the established timeline and deliver the project milestones on schedule.
3. Management and Staffing:
Exhibit 2
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a. Describe the management and staffing configuration to be utilized to complete the scope of work. Describe the qualifications of staff to be assigned to the project, their title, and types and amount of equivalent experience. Resumes of all proposed personnel must be included. The proposal must indicate who would have primary responsibility for this project.
4. Minimum Qualifications, Prior Related Experience, and References a. Firms or individuals must demonstrate competence and capability to satisfactorily perform the scope of work. Proposals that do not meet the minimum qualifications will be determined nonresponsive and ineligible for award. The Proposer must provide evidence to show that members of the Proposer's project team possess the specific qualifications, competence, experience, resources, and business integrity necessary to carry out the work under the contract as expected. Examples of evidence include, but are not limited to resumes, letters of reference, and project summaries that highlight the team's specific experience:
i.The consultant must have at least five (5) years of experience planning and implementing TOC / TOD programs;
ii.The consultant must have at least three (3) years of experience with TOC specific plans; and
iii.The consultant must have at least five (5) years of experience in multilingual public campaigns.
b. A list of at least three (3) recent references, including local government agencies where a similar service is or has been provided and any private clients. Include a) the names and telephone numbers of the firm and the key managers and professionals assigned to the project, b) brief description of the project, and c) time period for the project.
5. Cost and Pricing:
a. Proposals must include staff hourly rates, plus overhead, travel and any additional project costs proposed. All items must be itemized in detail. The total project cost must be expressed as a "Not to Exceed" amount for items 1-5 under the "Scope of Services" section in this RFP.
b. In addition, an hourly fee schedule must be submitted with the proposal. If the scope of work is substantially modified, the extra cost or credit must be negotiated based on the submitted hourly rates.
c. Proposals must ensure that cost breakdowns of deliverables and milestones are directly associated with cost allocations. Every line item must be associated with an agreed -upon, grant/RGA-associated task, deliverable or milestone.
Exhibit 2
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6. Additions or Exceptions:
a. A single and separate section with the heading "ADDITIONS OR EXCEPTIONS TO THE CITY'S REQUEST FOR PROPOSAL" containing a complete and detailed description of all the Consultant's exceptions to the provisions and conditions of the attached City standard professional services contract.
7. Pending Litigation:
a. Include an explanation and status, if in the last five (5) years, the firm or an office or principal of the firm has been involved in any substantiated complaints, litigation, legal proceedings, or investigations by a regulatory authority.
8. Insurance:
a. Evidence of commercial liability, professional liability, and workers compensation insurance coverages must be included. Insurance requirements are listed on the sample agreement attached as Exhibit "A."
EVALUATION CRITERIA
The award of this agreement will be made to the most qualified Consultant(s) whose proposal(s) complies(y) with the prescribed requirements. The City reserves the right to reject any or all proposals and to waive any technical errors, irregularities, or discrepancies, if to do so is deemed to serve the best interests of the City. In no event would an award be made until all necessary investigations are made as to the responsibility and qualifications of the Consultant to whom it is proposed to make such an award.
Proposals will be reviewed and evaluated by the Community Development Director and City staff and ranked based on the following considerations:
• Demonstrated experience in planning and implementing transit -oriented communities and development programs;
• Previous involvement in TOD and TOC programs;
• Experience in conducting multi-lingual public campaigns; • Understanding of the MTC TOC and its goals;
• Approach and methodology for achieving the program objectives; • Qualifications and expertise of the proposed project team; and • Cost-effectiveness and reasonableness of the proposed budget.
If further clarifications or negotiations are required, on -site or virtual interviews may be conducted. Participation in these interviews would be at the expense of the Consultant(s). The interview panel would be made up of staff members or representatives from the city.
Exhibit 2
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Recommendations will be forwarded to the City Council for final selection and award.
Proposals failing to provide sufficient information and assurances of performance to adequately assess each category of the required services and/or failing to comply with the requirements and conditions of this RFP may be given no further consideration.
Factors such as, but not limited to, any of the following may be considered just cause to disqualify a response to the RFP without further consideration:
• Evidence of collusion, directly or indirectly, among consultants with regard to the amount, terms, or conditions of this proposal;
• Any attempt to improperly influence any member of the selection staff; • Existence of any lawsuit, unresolved contractual claim or dispute between Consultant and the City;
• Evidence of incorrect information submitted as part of the RFP; • Evidence of Consultant's inability to successfully complete the responsibilities and obligations of the proposed scope of work; and
• Consultant's default under any agreement, which results in termination of the Agreement.
Each proposal would be considered along with those of other responding Consultants, with respect to ability to perform effectively and efficiently those Scope of Services outlined above.
The successful Consultant shall not discriminate, in any way, against any person based on race, sex, color, age, religion, sexual orientation, actual or perceived gender identity, disability, ethnicity, or national origin, or any other protected classification in connection with or related to the performance of the Agreement.
Close coordination with the City is required to ensure that all requirements will be met. The City reserves the right to withdraw this RFP at any time without any prior notice. Further, the City makes no representations that any Agreement would be awarded to any Consultant responding to this RFP. The City expressly reserves the right to postpone reviewing the proposals for its own convenience and to reject any or all proposals responding to this RFP without indicating any reasons for such rejection(s).
Exhibit 2
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EXHIBIT "A"
SAMPLE PROFESSIONAL SERVICES AGREEMENT
Exhibit 2
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2024
PROFESSIONAL SERVICES AGREEMENT
Engagement: ,n ,
Bell Gardens)
THIS PROFESSIONAL SERVICES AGREEMENT (hereinafter, "Agreement") 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 (hereinafter, "CONSULTANT"). For the purposes of this Agreement, CITY and CONSULTANT may be referred to collectively by the capitalized term "Parties." The capitalized term "Party" may refer to CITY or CONSULTANT interchangeably, as appropriate.
RECITALS
WHEREAS, CITY requires professional consulting services ; and
WHEREAS, CITY staff has determined that CONSULTANT possesses the experience, skills and training necessary to competently provide such services to CITY; and
WHEREAS, the execution of this Agreement was approved by the Bell Gardens City Council at its Regular Meeting
NOW, THEREFORE, for and in consideration of the mutual covenants and conditions herein contained, CITY and CONSULTANT agree as follows:
ENGAGEMENT TERMS
1A SCOPE OF WORK
A. Subject to the terms and conditions of this Agreement, CONSULTANT agrees to provide the services and tasks described in that certain Request for Proposals of CITY entitled "INSERT TITLE" (hereinafter, "CITY RFP") dated INSERT DATE, and the written proposal of CONSULTANT entitled "INSERT TITLE" (hereinafter, the "CONSULTANT Proposal") dated INSERT DATE. The CITY RFP and the CONSULTANT Proposal are attached and incorporated hereto as Exhibit "A" and "B" respectively. The term "Scope of Work" shall be a collective reference to the CITY RFP and the CONSULTANT PROPOSAL. The capitalized term "Work" shall be a collective reference to all the various services and tasks referenced in the Scope of Work. In the event of any conflict or inconsistency between the provisions of the document entitled CITY RFP and the provisions of the document entitled CONSULTANT PROPOSAL, the requirements of the document entitled CITY RFP shall govern and control but only to the extent of the conflict or inconsistency and no further. In the event of any conflict or Exhibit 2
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inconsistency between the provisions of the Scope of Work and the provisions of this Agreement to which the Scope of Work is attached, the provisions of this Agreement shall govern and control.
1.2 PROSECUTION OF WORK:
A. Time is of the essence of this Agreement and each and every provision contained herein. The Work shall be commenced within three (3) calendar days of CITY's issuance of a Notice to Proceed. CONSULTANT shall complete the various tasks identified in the Scope of Work within the timeframes set forth in the Scope of Work and shall complete all of the Work by or before 4 ~ ti (the "Completion Date");
B. CONSULTANT shall cooperate with CITY and in no manner interfere with the work of CITY, its employees or other consultants, contractors or agents; C. CONSULTANT shall not claim or be entitled to receive any compensation or damage because of the failure of CONSULTANT, or its subconsultants, to have related services or tasks completed in a timely manner; D. CONSULTANT shall at all times enforce strict discipline and good order among CONSULTANT's employees; and
E. CONSULTANT, at its sole expense, shall pay all sales, consumer, use or other similar taxes required by law
1.3 COMPENSATION: CONSULTANT shall perform the Work in accordance with ``, A ti ti '40"
a��c4aLas � tiM1t �i'„ 5.�,� 1 ��� 4� a „4 n.a .', ' 44 �" (hereinafter, the "COMPENSATION IRATE"). The foregoing notwithstanding, CONSULTANT's total compensation for the performance of all Work contemplated under this Agreement, will not exceed the total budgeted aggregate sum of nnn4x (hereinafter, the "Not -to -Exceed Sum")
during the prosecution of this Agreement, unless such added expenditure is first approved by the City Council. In the event CONSULTANT's charges are projected to exceed the Not -to -Exceed Sum prior to the expiration of this Agreement, CITY may suspend CONSULTANT's performance pending CITY approval of any anticipated expenditures in excess of the Not -to -Exceed Sum or any other CITY approved amendment to the compensation terms of this Agreement.
1.4 PAYMENT OF COMPENSATION: Following the conclusion of the work requested in Section 1.1, CONSULTANT shall submit to CITY an itemized invoice indicating the services performed and tasks completed during the recently concluded calendar month, including services and tasks performed and the reimbursable out- of-pocket expenses incurred. If the amount of CONSULTANT's compensation is a function of hours worked by CONSULTANT's personnel, the invoice should indicate the number of hours worked, the persons responsible for performing the Work, the rate of compensation at which such services and tasks were performed, the subtotal for each task and service performed and a grand total for all services performed. Within thirty (30) calendar days of receipt of each invoice, CITY will Exhibit 2
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notify CONSULTANT in writing of any disputed amounts included in the invoice.
Within forty-five (45) calendar days of receipt of each invoice, CITY will pay all undisputed amounts included on the invoice. CITY will not withhold applicable taxes or other authorized deductions from payments made to CONSULTANT.
1.5 ACCOUNTING RECORDS: CONSULTANT will maintain complete and accurate records with respect to all matters covered under this Agreement for a period of three (3) years after the expiration or termination of this Agreement. CITY will have the right to access and examine such records, without charge, during normal business hours. CITY will further have the right to audit such records, to make transcripts therefrom and to inspect all program data, documents, proceedings, and activities.
1.6 ABANDONMENT BY CONSULTANT: In the event CONSULTANT ceases to perform the Work agreed to under this Agreement or otherwise abandons the undertaking contemplated herein prior to the expiration of this Agreement or prior to completion of any or all tasks set forth in the Scope of Work, CONSULTANT will deliver to CITY immediately and without delay, all materials, records and other work product prepared or obtained by CONSULTANT in the performance of this Agreement. Furthermore, CONSULTANT will only be compensated for the reasonable value of the services, tasks and other Work performed up to the time of cessation or abandonment, less a deduction for any damages, costs or additional expenses which CITY may incur as a result of CONSULTANT's cessation or abandonment.
PERFORMANCE OF AGREEMENT
2.1 CITY'S REPRESENTATIVE: The CITY hereby designates,, t 3 (hereinafter, the "City Representative) to act as its
representative for the performance of this Agreement. The City Representative or their designee will act on behalf of the CITY for all purposes under this Agreement.
CONSULTANT will not accept directions or orders from any person other than the City Representative or their designee.
2.2 CONSULTANT REPRESENTATIVE: CONSULTANT hereby designates \, C , to act as its representative for the
performance of this Agreement (hereinafter, "Consultant Representative").
Consultant Representative will have full authority to represent and act on behalf of the CONSULTANT for all purposes under this Agreement. Consultant Representative or their designee will supervise and direct the performance of the Work, using their best skill and attention, and will be responsible for all means, methods, techniques, sequences and procedures and for the satisfactory coordination of all portions of the Work under this Agreement. Notice to the Consultant Representative will constitute notice to CONSULTANT.
2.3 COORDINATION OF SERVICE; CONFORMANCE WITH REQUIREMENTS:
CONSULTANT agrees to work closely with CITY staff in the performance of the Work and this Agreement and will be available to CITY staff and the City 3 Exhibit 2 292
Representative at all reasonable times. All work prepared by CONSULTANT will be subject to inspection and approval by City Representative or their designees.
2.4 STANDARD OF CARE; PERFORMANCE OF EMPLOYEES: CONSULTANT represents, acknowledges and agrees to the following:
A. CONSULTANT will perform all Work skillfully, competently and to the highest standards of CONSULTANT's profession;
B. CONSULTANT shall at all times employ such force, plant, materials, and tools as will be sufficient in the opinion of the CITY to perform the Services within the time limits established, and as provided herein. It is understood and agreed that said tools, equipment, apparatus, facilities, labor, and material shall be furnished and said Services performed and completed as required by the Agreement, and subject to the approval of the CITY's authorized representative;
C.
the CITY;
CONSULTANT will perform all Work in a manner reasonably satisfactory to D. CONSULTANT will comply with all applicable federal, stateand local laws and regulations, including the conflict of interest provisions of Government Code Section 1090 and the Political Reform Act (Government Code Section 81000 et seq.). CONSULTANT shall be liable for all violations of such laws and regulations in connection with Services. If CONSULTANT performs any work knowing it to be contrary to such laws, rules and regulations, CONSULTANT shall be solely responsible for all costs arising therefrom; E.
CONSULTANT understands the nature and scope of the Work to be performed under this Agreement as well as any and all schedules of performance;
All of CONSULTANT's employees and agents possess sufficient skill, knowledge, training and experience to perform those services and tasks assigned to them by CONSULTANT; and
G. All of CONSULTANT's employees and agents (including, but not limited to, subcontractors and subconsultants) possess all licenses, permits, certificates, qualifications and approvals of whatever nature that are legally required to perform the tasks and services contemplated under this Agreement and all such licenses, permits, certificates, qualifications and approvals will be maintained throughout the term of this Agreement and made available to CITY for copying and inspection.
The Parties acknowledge and agree that CONSULTANT will perform, at CONSULTANT's own cost and expense and without any reimbursement from CITY, any services necessary to correct any errors or omissions caused by CONSULTANT's failure to comply with the standard of care set forth under this Section or by any like failure on the part of CONSULTANT's employees, agents, Exhibit 2
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contractors, subcontractors and subconsultants. Such effort by CONSULTANT to correct any errors or omissions will be commenced immediately upon their discovery by either Party and will be completed within seven (7) calendar days from the date of discovery or such other extended period of time authorized by the City Representative in writing and in their sole and absolute discretion. The Parties acknowledge and agree that CITY's acceptance of any work performed by CONSULTANT or on CONSULTANT's behalf will not constitute a release of any deficiency or delay in performance. The Parties further acknowledge, understand and agree that CITY has relied upon the foregoing representations of CONSULTANT, including but not limited to the representation that CONSULTANT possesses the skills, training, knowledge and experience necessary to perform the Work skillfully, competently and to the highest standards of CONSULTANT's profession.
2.5 ASSIGNMENT: The skills, training, knowledge and experience of CONSULTANT are material to CITY's willingness to enter into this Agreement. Accordingly, CITY has an interest in the qualifications and capabilities of the person(s) who will perform the services and tasks to be undertaken by CONSULTANT or on behalf of CONSULTANT in the performance of this Agreement. In recognition of this interest, CONSULTANT agrees that it will not assign or transfer, either directly or indirectly or by operation of law, this Agreement or the performance of any of CONSULTANT's duties or obligations under this Agreement without the prior written consent of the CITY. In the absence of CITY's prior written consent, any attempted assignment or transfer will be ineffective, null and void and will constitute a material breach of this Agreement.
2.6 SUBSTITUTION OF KEY PERSONNEL: CONSULTANT has represented to CITY that certain key personnel will perform and coordinate the Services under this Agreement. Should one or more of such personnel become unavailable, CONSULTANT may substitute other personnel of at least equal competence upon written approval of CITY. In the event that CITY and CONSULTANT cannot agree as to the substitution of key personnel, CITY shall be entitled to terminate this Agreement for cause. As discussed below, any personnel who fail or refuse to perform the Services in a manner acceptable to the CITY, or who are determined by the CITY to be uncooperative, incompetent, a threat to the adequate or timely completion of the Project or a threat to the safety of persons or property, shall be promptly removed from the Project by the CONSULTANT at the request of the CITY.
2.7 CONTROL AND PAYMENT OF SUBORDINATES; INDEPENDENT
CONTRACTOR: The Work will be performed by CONSULTANT or under CONSULTANT's strict supervision. CONSULTANT will determine the means, methods and details of performing the Work subject to the requirements of this Agreement. CITY retains CONSULTANT on an independent contractor basis and not as an employee. CONSULTANT reserves the right to perform similar or different services for other principals during the term of this Agreement, provided such work does not unduly interfere with CONSULTANT's competent and timely performance of the Work contemplated under this Agreement and provided the performance of such services does not result in the unauthorized disclosure of 5 Exhibit 2 294
CITY's confidential or proprietary information. Any additional personnel performing the Work under this Agreement on behalf of CONSULTANT are not employees of CITY and will at all times be under CONSULTANT's exclusive direction and control. CONSULTANT will pay all wages, salaries and other amounts due to such personnel and will assume responsibility for all benefits, payroll taxes, Social Security and Medicare payments and the like. CONSULTANT will be responsible for all reports and obligations respecting such additional personnel, including, but not limited to: Social Security taxes, income tax withholding, unemployment insurance, disability insurance, workers' compensation insurance and the like.
2.8 REMOVAL OF EMPLOYEES OR AGENTS: If any of CONSULTANT's officers, employees, agents, contractors, subcontractors or subconsultants is determined by the City Representative to be uncooperative, incompetent, a threat to the adequate or timely performance of the tasks assigned to CONSULTANT, a threat to persons or property, or if any of CONSULTANT's officers, employees, agents, contractors, subcontractors or subconsultants fail or refuse to perform the Work in a manner acceptable to the CITY, such officer, employee, agent, contractor, subcontractor or subconsultant will be promptly removed by CONSULTANT and will not be reassigned to perform any of the Work.
2.9 COMPLIANCE WITH LAWS: CONSULTANT will keep itself informed of and in compliance with all applicable federal, state or local laws to the extent such laws control or otherwise govern the performance of the Work. CONSULTANT's compliance with applicable laws will include, without limitation, compliance with all applicable Cal/OSHA requirements and applicable regulations of the Federal Department of Housing and Urbanization.
2.10 NON-DISCRIMINATION: CONSULTANT represents that it is an equal opportunity employer and it shall not discriminate against any subconsultant, employee or applicant for employment because of race, religion, color, national origin, handicap, ancestry, sex or age. Such non-discrimination shall include, but not be limited to, all activities related to initialemployment, upgrading, demotion, transfer, recruitment or recruitment advertising, layoff or termination.
2.11 INDEPENDENT CONTRACTOR STATUS: The Parties acknowledge, understand and agree that CONSULTANT and all persons retained or employed by CONSULTANT are, and will at all times remain, wholly independent contractors and are not officials, officers, employees, departments or subdivisions of CITY.
CONSULTANT will be solely responsible for the negligent acts and/or omissions of its employees, agents, contractors, subcontractors and subconsultants.
CONSULTANT and all persons retained or employed by CONSULTANT will have no authority, express or implied, to bind CITY in any manner, nor to incur any obligation, debt or liability of any kind on behalf of, or against, CITY, whether by contract or otherwise, unless such authority is expressly conferred to CONSULTANT under this Agreement or is otherwise expressly conferred by CITY in writing.
6 Exhibit 2 295
III.
INSURANCE
3.1 DUTY TO PROCURE AND MAINTAIN INSURANCE: Prior to the beginning of and throughout the duration of the Work, CONSULTANT will procure and maintain policies of insurance that meet the requirements and specifications set forth under this Article. CONSULTANT will procure and maintain the following insurance coverage, at its own expense:
A. Commercial General Liability Insurance: CONSULTANT will procure and maintain Commercial General Liability Insurance ("CGL Coverage") as broad as Insurance Services Office Commercial General Liability coverage (occurrence Form CG 0001) or its equivalent. Such CGL Coverage will have minimum limits of no less than One Million Dollars ($1,000,000.00) per occurrence and Two Million Dollars ($2,000,000.00) in the general aggregate for bodily injury, personal injury, property damage, operations, products and completed operations, and contractual liability.
B. Automobile Liability Insurance: CONSULTANT will procure and maintain Automobile Liability Insurance as broad as Insurance Services Office Form Number CA 0001 covering Automobile Liability, Code 1 (any auto). Such Automobile Liability Insurance shall have minimum limits of no less than One Million Dollars ($1,000,000.00) per accident for bodily injury and property damage.
WorkersCompensation Insurance/ Employer's Liability Insurance: A policy of workers' compensation insurance in such amount as will fully comply with the laws of the State of California and which will indemnify, insure and provide legal defense for both CONSULTANT and CITY against any loss, claim or damage arising from any injuries or occupational diseases occurring to any worker employed by or any persons retained by CONSULTANT in the course of carrying out the Work contemplated in this Agreement.
D. Errors & Omissions Insurance: For the full term of this Agreement and for a period of three (3) years thereafter, CONSULTANT will procure and maintain Errors and Omissions Liability Insurance appropriate to CONSULTANT's profession. Such coverage will have minimum limits of no less than One Million Dollars ($1,000,000.00) per claim.
3.2 ADDITIONAL INSURED REQUIREMENTS: The CGL Coverage and the Automobile Liability Insurance will contain an endorsement naming the CITY and CITY's elected and appointed officials, officers, employees, agents and volunteers as additional insureds.
3.3 REQUIRED CARRIER RATING: All varieties of insurance required under this Agreement will be procured from insurers admitted in the State of California and authorized to issue policies directly to California insureds. Except as otherwise provided elsewhere under this Article, all required insurance will be procured from Exhibit 2
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insurers who, according to the latest edition of the Best's Insurance Guide, have an A.M. Best's rating of no less than A:VII. CITY may also accept policies procured by insurance carriers with a Standard & Poor's rating of no less than BBB according to the latest published edition the Standard & Poor's rating guide. As to Workers' Compensation Insurance/ Employer's Liability Insurance, the CITY Representative is authorized to authorize lower ratings than those set forth in this Section.
3.4 PRIMACY OF CONSULTANT'S INSURANCE: All policies of insurance provided by CONSULTANT will be primary to any coverage available to CITY or CITY's elected or appointed officials, officers, employees, agents or volunteers. Any insurance or self-insurance maintained by CITY or CITY's elected or appointed officials, officers, employees, agents or volunteers will be in excess of CONSULTANT's insurance and will not contribute with it.
3.5 WAIVER OF SUBROGATION: All insurance coverage provided pursuant to this Agreement will not prohibit CONSULTANT or CONSULTANT's officers, employees, agents, subcontractors or subconsultants from waiving the right of subrogation prior to a loss. CONSULTANT hereby waives all rights of subrogation against CITY, its officials, officers, employees, agents and volunteers.
3.6 VERIFICATION OF COVERAGE: CONSULTANT acknowledges, understands and agrees, that CITY's ability to verify the procurement and maintenance of the insurance required under this Article is critical to safeguarding CITY's financial well-being and, indirectly, the collective well-being of the residents of the CITY.
Accordingly, CONSULTANT warrants, represents and agrees that it will furnish CITY with original certificates of insurance and endorsements evidencing the coverage required under this Article on forms satisfactory to CITY in its sole and absolute discretion. The certificates of insurance and endorsements for each insurance policy will be signed by a person authorized by that insurer to bind coverage on its behalf, and will be on forms provided by the CITY if requested. All certificates of insurance and endorsements will be received and approved by CITY as a condition precedent to CONSULTANT's commencement of any Work. Upon CITY's written request, CONSULTANT will also provide CITY with certified copies of all required insurance policies and endorsements.
3.7 FAILURE TO MAINTAIN COVERAGE: In the event any policy of insurance required under this Agreement does not comply with these specifications or is canceled and not replaced immediately so as to avoid a lapse in the required coverage, CITY has the right but not the duty to obtain the insurance it deems necessary and any premium paid by CITY will be promptly reimbursed by CONSULTANT or CITY will withhold amounts sufficient to pay premium from CONSULTANT payments. In the alternative, CITY may cancel this Agreement effective upon notice.
3.8 SPECIAL RISKS OR CIRCUMSTANCES. CITY reserves the right to modify these requirements, including limits, based on the nature of the risk, prior experience, insurer, coverage, or other special circumstances.
8 Exhibit 2
297
Iv.
INDEMNIFICATION
4.1 The Parties agree that CITY and CITY's elected and appointed officials, officers, employees, agents and volunteers (hereinafter, the "City Indemnitees") should, to the fullest extent permitted by law, be protected from any and all loss, injury, damage, claim, lawsuit, cost, expense, attorneys' fees, litigation costs, or any other cost arising out of or in any way related to the performance of this Agreement. Accordingly, the provisions of this indemnity provision are intended by the Parties to be interpreted and construed to provide the City Indemnitees with the fullest protection possible under the law. CONSULTANT acknowledges that CITY would not enter into this Agreement in the absence of CONSULTANT's commitment to indemnify, defend and protect CITY as set forth herein.
Notwithstanding the foregoing, to the extent CONSULTANT's services are subject to Civil Code Section 2782.8, the above indemnity shall be limited, to the extent required by Civil Code Section 2782.8, to Claims that arise out of, pertain to, or relate to the negligence, recklessness, or willful misconduct of the CONSULTANT.
CONSULTANT's obligation to indemnify shall not be restricted to insurance proceeds, if any, received by the CITY, its officials, officers, employees, agents or volunteers.
4.2 To the fullest extent permitted by law, CONSULTANT shall indemnify, hold harmless and defend the City Indemnitees from and against all liability, loss, damage, expense, cost (including without limitation reasonable attorneys' fees, expert fees and all other costs, and fees of litigation) of every nature arising out of or in connection with CONSULTANT's performance of work hereunder or its failure to comply with any of its obligations contained in this Agreement, except such loss or damage which is caused by the sole negligence or willful misconduct of the CITY.
4.3 CITY shall have the right to offset against the amount of any compensation due to CONSULTANT under this Agreement, any amount due to CITY from CONSULTANT as a result of CONSULTANT's failure to either pay CITY promptly for any costs associated with CONSULTANT's obligations to indemnify the City Indemnitees under this Article, or related to CONSULTANT's failure to either (i) pay taxes on amounts received pursuant to this Agreement, or (ii) comply with applicable workers' compensation laws.
4.4 The obligations of CONSULTANT under this Article will not be limited by the provisions of any workers' compensation act or similar act. CONSULTANT expressly waives its statutory immunity under such statutes or laws as to CITY and CITY's elected and appointed officials, officers, employees, agents, and volunteers.
4.5 CONSULTANT agrees to obtain executed indemnity agreements with provisions identical to those set forth herein this Article from each and every subcontractor or any other person or entity involved by, for, with or on behalf of CONSULTANT in the performance of this Agreement. In the event CONSULTANT fails to obtain such indemnity obligations from others as required herein, CONSULTANT agrees 9 Exhibit 2 298
to be fully responsible and indemnify, hold harmless and defend CITY and CITY's elected and appointed officials, officers, employees, agents, and volunteers from and against any and all claims and losses, costs or expenses for any damage due to death or injury to any person and injury to any property resulting from any alleged intentional, reckless, negligent, or otherwise wrongful acts, errors or omissions of CONSULTANT's subcontractors or any other person or entity involved by, for, with or on behalf of CONSULTANT in the performance of this Agreement. Such costs and expenses shall include reasonable attorneys' fees incurred by counsel of CITY's choice.
4.6 CITY does not, and shall not waive any rights that it may possess against CONSULTANT because of the acceptance by CITY, or the deposit with CITY, of any insurance policy or certificate required pursuant to this Agreement. This hold harmless and indemnification provision shall apply regardless of whether or not any insurance policies are determined to be applicable to the claim, demand, damage, liability, loss, cost, or expense.
4.7 This Article and all provisions contained herein (including but not limited to the duty to indemnify, defend, and hold free and harmless) shall survive the termination or normal expiration of this Agreement and is in addition to any other rights or remedies which the CITY may have at law or in equity.
V.
TERMINATION
5.1 TERMINATION WITHOUT CAUSE: CITY may immediately terminate this Agreement at any time for convenience and without ' cause by giving prior written notice of CITY's intent to terminate this Agreement which notice shall specify the effective date of such termination. Upon such termination for convenience, CONSULTANT will be compensated only for those services and tasks which have been performed by CONSULTANT up to the effective date of the termination.
CONSULTANT may not terminate this Agreement except for cause as provided under Section 5.2, below. If this Agreement is terminated as provided herein, CITY may require CONSULTANT to provide all finished or unfinished Documents and Data, as defined in Section 6.1,below, and other information of any kind prepared by CONSULTANT in connection with the performance of the Work.
CONSULTANT will be required to provide such Documents and Data within fifteen (15) calendar days of CITY's written request. No actual or asserted breach of this Agreement on the part of CITY pursuant to Section 5.2, below, will operate to prohibit or otherwise restrict CITY's ability to terminate this Agreement for convenience as provided under this Section.
5.2 EVENTS OF DEFAULT; BREACH OF AGREEMENT:
A. In the event either Party fails to perform any duty, obligation, service or task set forth under this Agreement (or fails to timely perform or properly perform any such duty, obligation, service or task set forth under this Agreement), an event of default (hereinafter, "Event of Default") will occur. For all Events of Default, the Party alleging an Event of Default will give written notice to Exhibit 2
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the defaulting Party (hereinafter referred to as a "Default Notice") which will specify: (i) the nature of the Event of Default; (ii) the action required to cure the Event of Default; (iii) a date by which the Event of Default will be cured, which will not be less than the applicable cure period set forth under Sections 5.2(B) and 5.2(C), below, or if a cure is not reasonably possible within the applicable cure period, to begin such cure and diligently prosecute such cure to completion. The Event of Default will constitute a breach of this Agreement if the defaulting Party fails to cure the Event of Default within the applicable cure period or any extended cure period allowed under this Agreement.
B. CONSULTANT will cure the Event of Default within the following time periods:
i. Within ten (10) business days of CITY's issuance of a Default Notice for any failure of CONSULTANT to timely provide CITY or CITY's employees or agents with any information and/or written reports, documentation or work product which CONSULTANT is obligated to provide to CITY or CITY's employees or agents under this Agreement.
Prior to the expiration of the 10 -day cure period, CONSULTANT may submit a written request for additional time to cure the Event of Default upon a showing that CONSULTANT has commenced efforts to cure the Event of Default and that the Event of Default cannot be reasonably cured within the 10 -day cure period. The foregoing notwithstanding, CITY will be under no obligation to grant additional time for the cure of an Event of Default under this Section 5.2(B)(i) that exceeds seven (7) calendar days from the end of the initial 10 -day cure period; or ii Within fourteen (14) calendar days of CITY's issuance of a Default Notice for any other Event of Default under this Agreement. Prior to the expiration of the 14 -day cure period, CONSULTANT may submit a written request for additional time to cure the Event of Default upon a showing that CONSULTANT has commenced efforts to cure the Event of Default and that the Event of Default cannot be reasonably cured within the 14 -day cure period. The foregoing notwithstanding, CITY will be under no obligation to grant additional time for the cure of an Event of Default under this Section 5.2(B)(ii) that exceeds thirty (30) calendar days from the end of the initial 14 -day cure period.
In addition to any other failure on the part of CONSULTANT to perform any duty, obligation, service or task set forth under this Agreement (or the failure to timely perform or properly perform any such duty, obligation, service or task), an Event of Default on the part of CONSULTANT will include, but will not be limited to the following: (i) CONSULTANT's refusal or failure to perform any of the services or tasks called for under the Scope of Work; (ii) CONSULTANT's failure to fulfill or perform its obligations under this Agreement within the specified time or if no time is specified, within a reasonable time; (iii) CONSULTANT's and/or its employees' disregard or violation of any federal, state, local law, rule, procedure or regulation; (iv) 11 Exhibit 2 300
the initiation of proceedings under any bankruptcy, insolvency, receivership, reorganization, or similar legislation as relates to CONSULTANT, whether voluntary of involuntary; (v) CONSULTANT's refusal or failure to perform or observe any covenant, condition, obligation or provision of this Agreement; and/or (vii) CITY's discovery that a statement representation or warranty by CONSULTANT relating to this Agreement is false, misleading or erroneous in any material respect.
C. CITY will cure any Event of Default asserted by CONSULTANT within forty- five (45) calendar days of CONSULTANT's issuance of a Default Notice, unless the Event of Default cannot reasonably be cured within the 45 -day cure period. Prior to the expiration of the 45 -day cure period, CITY may submit a written request for additional time to cure the Event of Default upon a showing that CITY has commenced its efforts to cure the Event of Default and that the Event of Default cannot be reasonably cured within the 45 -day cure period. The foregoing notwithstanding, an Event of Default dealing with CITY's failure to timely pay any undisputed sums to CONSULTANT as provided under Section 1.4, above, will be cured by CITY within five (5) calendar days from the date of CONSULTANT's Default Notice to CITY.
D. CITY, in its sole and absolute discretion, ' may also immediately suspend CONSULTANT's performance under this Agreement pending
CONSULTANT's cure of any Event of Default by giving CONSULTANT written notice of CITY's intent to suspend CONSULTANT's performance (hereinafter, ,a "Suspension Notice"). CITY may issue the Suspension Notice at any time upon the occurrence of an Event of Default. Upon such suspension, CONSULTANT will be compensated only for those services and tasks which have been rendered by CONSULTANT to the reasonable satisfaction of CITY up to the effective date of the suspension. No actual or asserted breach of this Agreement on the part of CITY will operate to prohibit or otherwise restrict CITY's ability to suspend this Agreement as provided herein.
No waiver of any Event of Default or breach under this Agreement will constitute a waiver of any other or subsequent Event of Default or breach.
No waiver, benefit, privilege, or service voluntarily given or performed by a Party will give the other Party any contractual rights by custom, estoppel, or otherwise.
F. The duties and obligations imposed under this Agreement and the rights and remedies available hereunder will be in addition to and not a limitation of any duties, obligations, rights and remedies otherwise imposed or available by law. In addition to any other remedies available to CITY at law or under this Agreement in the event of any breach of this Agreement, CITY, in its sole and absolute discretion, may also pursue any one or more of the following remedies:
i. Upon written notice to CONSULTANT, the CITY may immediately terminate this Agreement in whole or in part;
12 Exhibit 2 301
ii. Upon written notice to CONSULTANT, the CITY may extend the time of performance;
iii. The CITY may proceed by appropriate court action to enforce the terms of the Agreement to recover damages for CONSULTANT's breach of the Agreement or to terminate the Agreement; or
iv. The CITY may exercise any other available and lawful right or remedy.
CONSULTANT will be liable for all legal fees plus other costs and expenses that CITY incurs upon a breach of this Agreement or in the CITY's exercise of its remedies under this Agreement.
G. In the event CITY is in breach of this Agreement, CONSULTANT's sole remedy will be the suspension or termination of this Agreement and/or the recovery of any unpaid sums lawfully owed to CONSULTANT under this Agreement for completed services and tasks.
5.3 SCOPE OF WAIVER: No waiver of any default or breach under this Agreement will constitute a waiver of any other default or breach, whether of the same or other covenant, warranty, agreement, term, condition, duty or requirement contained in this Agreement. No waiver, benefit, privilege, or service voluntarily given or performed by a Party will give the other Party any contractual rights by custom, estoppel, or otherwise.
5.4 SURVIVING ARTICLES, SECTIONS AND PROVISIONS: The termination of this Agreement pursuant to any provision of this Article or by normal expiration of its term or any extension thereto will not operate to terminate any Article, Section or provision contained herein which provides that it will survive the termination or normal expiration of this Agreement.
VI.
MISCELLANEOUS PROVISIONS
6.1 DOCUMENTS & DATA; LICENSING OF INTELLECTUAL PROPERTY: All Documents and Data will be and remain the property of CITY without restriction or limitation upon their use or dissemination by CITY. For purposes of this Agreement, the term "Documents and Data" means and includes all reports, analyses, correspondence, plans, designs, notes, summaries, strategies, charts, schedules, spreadsheets, calculations, lists, data compilations, documents or other materials developed and/or assembled by or on behalf of CONSULTANT in the performance of this Agreement and fixed in any tangible medium of expression, including but not limited to Documents and Data stored digitally, magnetically and/or electronically. This Agreement creates, at no cost to CITY, a perpetual license for CITY to copy, use, reuse, disseminate and/or retain any and all copyrights, designs, and other intellectual property embodied in all Documents and Data. CONSULTANT will require all subcontractors and subconsultants working on behalf of CONSULTANT in the performance of this Agreement to agree in 13 Exhibit 2 302
writing that CITY will be granted the same right to copy, use, reuse, disseminate and retain Documents and Data prepared or assembled by any subcontractor or subconsultant as applies to Documents and Data prepared by CONSULTANT in the performance of this Agreement.
6.2 CONFIDENTIALITY: All data, documents, discussion, or other information developed or received by CONSULTANT or provided for performance of this Agreement are deemed confidential and will not be disclosed by CONSULTANT without prior written consent by CITY. CITY will grant such consent of disclosure as legally required. Upon request, all CITY data will be returned to CITY upon the termination or expiration of this Agreement. CONSULTANT will not use CITY's name or insignia, photographs, or any publicity pertaining to the Work in any magazine, trade paper, newspaper, television or radio production or other similar medium without the prior written consent of CITY.
6.3 FALSE CLAIMS ACT: CONSULTANT warrants and represents that neither CONSULTANT nor any person who is an officer of, in a ' managing position with, or has an ownership interest in CONSULTANT has been determined by a court or tribunal of competent jurisdiction to have violated the False Claims Act, 31 U.S.C., Section 3789 et seq. and the California False Claims Act, Government Code Section 12650 et seq.
6.4 NOTICES: All notices permitted or required under this Agreement will be given to the respective Parties at the following addresses, or at such other address as the respective Parties may provide in writing for this purpose:
CONSULTANT:
ti
CITY:
City of Bell Gardens
7100 S. Garfield Avenue
Bell Gardens, CA 90201
Attn:
Phone: 562-806-7700
Such notices will be deemed effective when personally delivered or successfully transmitted by facsimile as evidenced by a fax confirmation slip or when mailed, forty-eight (48) hours after deposit with the United States Postal Service, first class postage prepaid and addressed to the Party at its applicable address.
6.5 COOPERATION; FURTHER ACTS: The Parties will fully cooperate with one another, and will take any additional acts or sign any additional documents as are reasonably necessary, appropriate or convenient to achieve the purposes of this Agreement.
6.6 SUBCONTRACTING: CONSULTANT will not subcontract any portion of the Work required by this Agreement, except as expressly stated herein, without the prior written approval of CITY. Subcontracts (including without limitation subcontracts with subconsultants), if any, will contain a provision making them subject to all Exhibit 2
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provisions stipulated in this Agreement, including provisions relating to insurance requirements and indemnification.
6.7 CITY'S RIGHT TO EMPLOY OTHER CONSULTANTS: CITY reserves the right to employ other contractors in connection with the various projects worked upon by CONSULTANT.
6.8 PROHIBITED INTERESTS: CONSULTANT warrants, represents and maintains that it has not employed nor retained any company or person, other than a bona fide employee working solely for CONSULTANT, to solicit or secure this Agreement. Further, CONSULTANT warrants and represents that it has not paid nor has it agreed to pay any company or person, other than a bona fide employee working solely for CONSULTANT, any fee, commission, percentage, brokerage fee, gift or other consideration contingent upon or resulting from the award or making of this Agreement. For breach or violation of this warranty, CITY will have the right to rescind this Agreement without liability. For the term of this Agreement, no member, officer or employee of CITY, during the term of his or her service with CITY, will have any direct interest in this Agreement, or obtain any present or anticipated material benefit arising therefrom.
6.9 TIME IS OF THE ESSENCE: Time is of the essence for each and every provision of this Agreement.
6.10 GOVERNING LAW AND VENUE: This Agreement will be interpreted and governed according to the laws of the State of California. In the event of litigation between the Parties, venue, without exception, will be in the Los Angeles County Superior Court of the State of California. If, and only if, applicable law requires that all or part of any such litigation be tried exclusively in federal court, venue, without exception, will in the Central District of California located in the City of Los Angeles, California.
6.1 ATTORNEYSFEES: If either Party commences an action against the other Party, legal, administrative or otherwise, arising out of or in connection with this Agreement, the prevailing Party in such litigation will be entitled to have and recover from the losing Party reasonable attorneys' fees and all other costs of such action.
6.12 SUCCESSORS AND ASSIGNS: This Agreement will be binding on the successors and assigns of the Parties.
6.13 NO THIRD -PARTY BENEFIT: There are no intended third -party beneficiaries of any right or obligation assumed by the Parties. All rights and benefits under this Agreement inure exclusively to the Parties.
6.14 CONSTRUCTION OF AGREEMENT: This Agreement will not be construed in favor of, or against, either Party but will be construed as if the Parties prepared this Agreement together through a process of negotiation and with the advice of their respective attorneys.
15 Exhibit 2 304
6.15 SEVERABILITY: If any portion of this Agreement is declared invalid, illegal, or otherwise unenforceable by a court of competent jurisdiction, the remaining provisions will continue in full force and effect.
6.16 AMENDMENT; MODIFICATION: No amendment, modification or supplement of this Agreement will be valid or binding unless executed in writing and signed by both Parties, subject to CITY approval. The requirement for written amendments, modifications or supplements cannot be waived and any attempted waiver will be void and invalid.
6.17 CAPTIONS: The captions of the various articles, sections and paragraphs are for convenience and ease of reference only, and do not define, limit, augment, or describe the scope, content, or intent of this Agreement.
6.18 INCONSISTENCIES OR CONFLICTS: In the event of any conflict or inconsistency between the provisions of this Agreement and any of the exhibits attached hereto, the provisions of this Agreement will control.
6.19 ENTIRE AGREEMENT: This Agreement, including all attached exhibits, constitutes the entire, complete, final and exclusive expression of the Parties with respect to the matters addressed herein and supersedes all other agreements or understandings, whether oral or written, which may have been entered into between CITY and CONSULTANT prior to the execution of this Agreement. Any statements, representations, or other agreements, whether oral or written, made by either Party that is not embodied herein will not be valid or binding on the Parties. No amendment, modification or supplement to this Agreement will be valid and binding unless in writing and duly executed by the Parties pursuant to Section
6.16, above.
6.20 FORCE MAJEURE: The Term shall be extended in the event of any delays due to unforeseeable causes beyond the control of CONSULTANT and without the fault or negligence of CONSULTANT, including but not limited to severe weather, fires, earthquakes, floods, epidemics, quarantine restrictions, riots, strikes, freight embargoes, wars, litigation, and/or acts of any governmental agency, including the CITY, if the CONSULTANT shall within three (3) calendar days of the commencement of such delay notify the City Representative in writing of the causes of the delay. The City Representative shall ascertain the facts and the extent of delay, and extend the time for performing the services for the period of the enforced delay when and if in the judgment of the City Representative such delay is justified. The City Representative's determination shall be final and conclusive upon the parties to this Agreement. In no event shall CONSULTANT be entitled to recover damages against the CITY for any delay in the performance of this Agreement, however caused, CONSULTANT's sole remedy being extension of the Agreement pursuant to this Section.
6.21 COUNTERPARTS: This Agreement may be executed in any number of counterparts, each of which shall be deemed an original, but all of which when taken together shall constitute one and the same instrument. No handwritten or typewritten amendment, modification or supplement to any one counterpart will be 16 Exhibit 2 305
valid or binding unless made to all three counterparts in conformity with Section
6.16, above. One fully executed original counterpart will be delivered to CONSULTANT and two original counterparts will be retained by CITY. (SIGNATURES ON NEXT PAGE)
17 Exhibit 2 306
IN WITNESS WHEREOF, the Parties hereto have caused this Agreement to be executed the day and year first appearing in this Agreement, above.
CITY OF BELL GARDENS:
By: By:
Name: Name:
Title: Title:
Date: Date:
APPROVED AS TO FORM:
By:
Stephanie Vasquez, C
18 Exhibit 2 307
SAMPLE
PROFESSIONAL SERVICES AGREEMENT
EXHIBIT "A" CITY RFP
19 Exhibit 2 308
SAMPLE
PROFESSIONAL SERVICES AGREEMENT
EXHIBIT "B" CONSULTANT BID
19 Exhibit 2 309
EXHIBIT "B"
CALTRANS AGREEMENT, ITEM NO. 33
19 Exhibit 2 310
ITEM NO. 33 FROM CALTRANS RESTRICTED GRANT AGREEMENT
3.Ownership of Proprietary Property
a. Definitions
1) W l : The to be directly or indirectly produced by AGENCY under this RGA. 2) Work Product: AIII deliverables created or produced from W ®x 1 under this IRGA, including but not limited to, alll Work and Deliverables conceived or made, or made hereafter conceived or made, either solely or jointly with others during the term of this RGA and during a period of six (6) months after the termination thereof, which relates to the Work commissioned or performed under this RGA_ 'Work Product" includes all deliverables, inventions, innovations, improvements, or other works of authorship AGENCY, its subrecipients, a third -party contractor or subcontractor may conceive of or develop in the course of this RGA, whether or not they are eligible for patent, c•1' right, trademark, trade secret, or other legal protection..
3) Inventions: Any idea, methodologies, design, concept, technique, invention, discovery, improvement, or development regardless of patentability imade solely by AGENCY or jointly with the AGENCY'S contractor, subcontractor, and/or subrecipient, and/or the AGENCY's Exhibit 2
311
contractor, subcontractor, andlor subrecipient's employees wiith one (1) or more employees of CALTRANS, during the term of this RGA and in performance of any Work under this RGA, provided that either the conception or reduction to practice thereof occurs during the term of this RGA and in performance of Work issued under this RGA. b. Ownership of Work Product and Rights
1) Copyright. Ownership of Work Product: Except in regard to Pre-existing Works, all Work Product derived by the Work performed by the AGENCY, its employees, or by any of the AGENCY'S contractor's, subcontractors, andlor subrecipient's employees under this RGA, shall be owned by CALTRANS and AGENCY and shall be considered to be works made for hire by the AGENCY and AGENCY's contractor, subcontractor, andlor subrecipient for CALTRANS and AGENCY_ CALTRANS and AGENCY shall own all United States and international copyrights in the Work Product As such,, all Work Product shall contain, in a conspicuous, place, a copyright designation consisting of a °`c" in a circle followed by the four -digit year in which the Work Product was, produced, followed by the words "California Department of Transportation and AGENCY_ AIII Rights IReseirved_" For example, a Work Product created in the year 2012 would contain the copyright designation © 2012 California Department of Transportation and AGENCY_ AIII Rights (Reserved_
2) Vesting of Copyright. Ownership: AGENCY, its employees, and all of AGENCY'S contractor's, subcontractors, and subrecipient's employees, agrees to perpetually assign, and upon creation of each Work Product automatically assigns, to CALTRANS and AGENCY, its successors, and assigns, ownership of all United States and international copyrights in each and every Work Product, iinsafar as any such, Work Product, by operation of law, may not be considered work invade for hire by the AGENCY'S contractor, subcontractor, andlor subrecipient from CALTRANS_. From time to time, CALTRANS and the AGENCY shall require its contractors, subcontractors, andlor subrecipients and their respective employees to confirm such assignments by execution and delivery of such assignments, confirmations, or assignment; or other written iiinstruments as CALTRANS and the AGENCY may request_ CALTRANS and the AGENCY, its successors, and assigns, shall have the right to obtain and hold in its or their own name(s) all copyright registrations and other evidence of rights that may be available for Work Product_ AGENCY shall require contractors,, including subcontractors, to waive all moral rights relating to identification of authorship restriction or limitation on use, or subsequent modifications of the Work_
c. Inventions
1) Vesting of Patent. Ownership: AGENCY agrees to require subrecipients, contractors, subcontractors, and their respective employees, to assign to CALTRANS and AGENCY, its successors, and assigns, all Inventions, together with the right to seek protection by obtaining patent ownership rights and the right to claim all rights or priority there under, and the same shall become and remain CALTRANS' property regardless of whether such protection is sought_ The AGENCY, its employees, and AGENCY'S contractor, subcontractor, and subrecipient shall promptly make a complete written disclosure to CALTRANS of each Invention not otherwise dearly disclosed to CALTRANS in the pertinent Work Product, specifically pointing out features or concepts that the AGENCY,, its employees, and/or AGENCY's contractor, subcontractor, and/or subrecipient believes to be new or different. The AGENCY, its employees, and AGENCY's contractor, subcontractor, and subrecipient shall, upon CALTRANS and .AGENCY's request and at CALTRANS and AGENCY'S expense, cause patent applications to be filed thereon, Exhibit 2
312
through solicitors designated by CALTRANS and AGENCY, and shall sign all such applications over to CALTRANS and AGENCY,, its successors, and assigns_ The AGENCY, its employees, and AGENCY's contractor, subcontractor, and subrecipient shall give CALTRANS and AGENCY and its solicitors all reasonable assistance in connection with the preparation and prosecution of any such patent applications and shall cause to be executed all such assignments or other instruments or documents as CALTRANS and AGENCY may consider necessary or appropriate to carry out the intent on this RGA..
2) Agency: In the event that CALTRANS and AGENCY are unable for any reason whatsoever to secure the AGENCY's, its employees', and/or AGENCY's contractor's, subcontrdctor"s, and/or subrecapient's, signature to any lawful or necessary document required or desirable to apply for or prosecute any United States application (including renewals or divisions thereof), AGENCY, its employees, and AGENCY's contractor, subcontractor, and subrecipient hereby irrevocably designates and appoints CALTRANS and AGENCY and its duly authorized officers and agents, as its agent and attorney -in -fact, to act for and on AGENCY, its employees, and AGENCY's contractor's, subcontractor's, and subrecipient's behalf and stead, to execute and fle such applications and to do all other lawfully permitted acts to further the prosecution and issuance of any copyrights,. trademarks, or patents thereon with the same Ilegall force and effect as if executed by AGENCY, its employees, and AGENCY's contractor, subcontractor, and subrecipient_ CALTRANS and AGENCY shall have no obligations to file any copyright,, trademark, or patent applications_
d. Additional Provisions
1) Avoidance of infringement: In performing serviices under this RGA, AGENCY and its employees agree to avoid designing or developing any items that infringe one (t) or more patents or other intellectual properly rights of any third party_ If AGENCY or its employees becomes aware of any such possible infringement in the course of performing any Work under this RGA, AGENCY or its employees shall immediately notify CALTRANS in writing_
2) Pre-existing Works and License: AGENCY agrees to require contractors,, subcontractors,, and subrecipients to acknowledge that all Work Product shall be the sole and exclusive property of CALTRA,NS and AGENCY, except that any Pre-existing Works created by AGENCY and third parties outside of the IRGA but utilized in connection with the RGA (the 'Pre-existing Works") shall continue to be owned by AGENCY or such parties_ AGENCY agrees to notify CALTRANS in writing of any Pre-existing Works used in connection with any Work Product produced under this RGA and hereby grants to CALTRANS a non-exclusive, irrevocable, worldwide, perpetual, royalty -free Iliicense to utilize the Pre-existing Works in connection with the Work Product_ 3) Contractors, Subcontractors, and Subrecipients: Through contract with its subrecipients, contractors, and subcontractors, AGENCY shall affirmatively bind by contract all of its contractors, subcontractors, subrecapients, and service vendors (hereinafter'AGENCY's Contractor/Subcontrractar(Sulbrecipienn providing services under this RGA. to conform to the provisions of this Exhibit In performing services under this, RGA, AGENCY's Contractor/Subcontractor/Subrecipient shall agree to avoid designing or developing any items that infringe one (t) or more patents or other intellectual properly rights of any third party_ If AGENCY's!Contractor/Sulbcontrdctor/Subredpient becomes aware of any such possible infringement in the course of performing any Work under this Exhibit 2
313
RGA, AGENCY'S ontr orl ulbcontractorl ubrecipient shall immediately notify the AGENCY in writing, and AGENCY will then immediately notify the Department in writing. e. Ownership of Data
1) Upon c pletion of all Work under this RGA, all intellectual property rights., ownership, and title to all reports., documents, plans, specifications, and estimates., produced as part of this GA will automatically be vested in CAL NS and AGENCY and no further agreement illl gyp- necessary to transfer ownership to CALTRANS and AGENCY_ The AGENCY, its con r ctou, subcontractors, and suurecipients, shall furnish CALTRANS all necessary 'es of data n ' to complete the review and approval process_ R its understood and agreed that all lcuullat ns, drawings, and s;. -. ifications, whether in hard copy or chine-readatde form, are intended for one-time use in the Project for which this RGA has been entered into.
3) AGENCY, its contractors, subcontractors, and subrecirAents, are not liable for claims, liatdlities or losses arising out of, or connected with, the modification or Imisuse by CALTRANS of the machine-readable information and data provided by AGENCY, its contractors, subcontractors, and suJbrecipients, under this RGA, further, AGENCY, its contractors, subcontractors, and suJbrecipients, are not liable for claims, Iliabiliities, or losses arising out of, or connected with, any use by CALTRANS of the Project documentation on other projects, for additions to this (Project, or for the completion oft is project by others, excepting ly such use as may p- authorized, in'writing, by AGENCY, its contractors, subcontractors, and subrecipient_
4) Any sub -agreement in excess of $25,000_00 entered into as a result of this RGA shall contain all of the provisions of this clause_
Exhibit 2
314
EXHIBIT "B"
CONSULTANT PROPOSAL
20 Exhibit 2 315
PROPOSAL FOR
Prepared by:
Kimley»»Horn
Expect More. Experience Better.
City of
BELL
GARDENS
Exhibit 2
The Bell Gardens Transit -Oriented Community
Specific Plan and Zoning Code Update
REVISE 7.25.24
PROPOSAL FOR
The Be11 Gardens Transit -Oriented Community Specific Plan and Zoning Code Update Steven Jones
City Planner I City of Bell Gardens
7100 Garfield Avenue
Bell Gardens, CA 90201
660 South Figueroa Street
Suite 2050
Los Angeles, CA 90017
TEL 213.261.4040
RE: Proposal for The BeII Gardens Transit -Oriented Community (TOC) Specific Plan and Zoning Code Update Dear Mr. Steven Jones and Members of the Selection Committee:
Kimley-Horn is pleased to submit our proposal to work with the BeII Gardens community to embark upon this exciting TOC-driven transformation of Downtown BeII Gardens. The City of BeII Gardens has a unique opportunity to take advantage of major regional transit corridors, including the Southeast Gateway Transit Corridor, Los Angeles River Trail, and other planned transit corridors to realize a walkable, safe, thriving, and livable community anchored by a range of affordable housing options. Kimley-Horn is a national leader in catalyzing transit -oriented communities by closely integrating transit and first -last mile investments with creative land use strategies. We prepare active transportation plans, we design and build complete street and bicycle and pedestrian improvements, we plan for new bus rapid transit and light rail corridors, and we work with cities and developers to envision and realize transit -oriented development projects. Our Los Angeles -based team has prepared Specific Plans for clients throughout Southern California that have catalyzed several hundred million dollars in new transit -oriented development projects with a mix of market rate and affordable housing investments. With this visionary, but practical and implementation -focused mindset, we will work with the BeII Gardens community to improve safety, housing affordability, access to amenities, and improve livability through the revitalization of Downtown.
Below are four key components of our approach for the BeII Gardens TOC Specific Plan and Zoning Code Update:
Closely integrate land use and first/last mile improvements.
Project Manager Adam Maleitzke, AICP is a leader in realizing transit -oriented communities in Southern California and beyond.
He has led TOC studies including the SCAG High Quality Transit Area Analysis pro'ect, working with communities throughout Southern California to plan for active transportation improvements and envision higher -density, mixed -use housing projects. He has also worked with developers on TOD joint development projects at transit stations and understands how to identify and address the barriers to implementing transit -oriented communities, including LA Metro's District NoHo TOC joint development project. He will work with BeII Gardens staff and the community to:
educate the community about the benefits of TOCs,
facilitate an equity -focused process to invite residents and businesses to shape the vision plan, and lead the development of an implementation -focused Specific Plan that will enable the City to pursue near -term grant funding opportunities and work with the development community to invest in TOC opportunity sites.
To the scope, we have added a Developer Roundtable, where we will invite market rate and affordable housing developers to help the City identify physical and market constraints for select TOC opportunity sites and make recommendations for how to best position the sites for redevelopment. Kimley-Horn has extensive relationships with major housing developers in Southern California and will invite developers to participate. The roundtable will help Bell Gardens to market TOC opportunity sites and accelerate the revitalization of Downtown BeII Gardens.
Utilize best practices for equity -focused community engagement.
Kimley-Horn's Equitable Outreach lead Monica Villalobos, a national leader in planning for equitable communities, has led f irstdast..mile..plaus for LA Metro, including the Vermont Transit Corridor Equity Data Collection & Ground Truthing and TOC project, Metro Rail to Rail Active Transportation Project, and the Eastside Phase 2 Transit Corridor First/Last Mile Analysis. A native of East Los Angeles, Ms. Villalobos will integrate data -driven decision -making tools and research with a robust public involvement program that will involve a wide range of in -person and virtual engagement activities. She will be joined by Tatiana Lundstrom, P.E., who has led creative public engagement programs for projects such as the Bakersfield Active lran nortationPlan, where Kimley-Horn recently facilitated a "Bike Rodeo" that was attended by over five hundred community members of a variety of ages and abilities. 7TPS960022024
Exhibit 2
317
Kimley>»Horn
PROPOSAL FOR
The Be11 Gardens Transit -Oriented Community Specific Plan and Zoning Code Update Envision first/last mile projects through data -drive decision making.
Darryl DePencier, AICP, GISP, RSP2B, is Kimley-Horn's Los Angeles -based transportation safety expert and will serve as first/ last mile planning lead. Mr. DePencier has prepared Vision Zero plans, Safety Action Plans, and active transportation plans for clients throughout Los Angeles and will utilize Kimley-Horn's vast library of mobility datasets to determine the scope and impact of pedestrian and bicyclist improvement projects recommended for the Specific Plan. To guide the visioning process, we will use Kimley-Horn's proprietary Access2Opportunity_ scenario__planning_to©I, which will allow the community to understand, in real time, the impact of a variety of potential transportation investments on equity outcomes, including access to jobs, grocery stores, and retail amenities through walking, cycling, and transit. A metrics score card will enable Bell Gardens staff to quantify and measure the impact of first -last mile improvements on a range of outcomes as improvement projects are realized.
Prepare an implementation -focused Specific Plan that yields near -term results.
Our Specific Plans are strategic, grounded in real -world and on -the -ground conditions, and provide clients with a clear roadmap for how to design, seek funding for, and implement first/last mile and TOC projects that directly benefit residents and businesses.
The Specific Plan preparation will be led by Xiaofan Li, who, with Principal -in -Charge Elizabeth Cobb, and Strategic Advisor Dave Barquist, AICP, have prepared hundreds of Specific Plans, housing elements, and rezoning plans for clients in California.
Sri Chakravarthy, P.E. will prepare utility plans and other necessary engineering studies and can draw upon Kimley-Horn's vast engineering resources to generate feasible complete street plans and mitigate site constraints for TOD opportunity sites. As part of the implementation plan, Kimley-Horn funding specialist Alyssa Phaneuf, P.E., who has helped clients secure millions of dollars in funding for active transportation projects, will lead the preparation of a funding strategy and cost estimates. Jessie Barkley, will prepare an environmental memorandum/initial study that will tier off of the recently -adopted Bell Gardens General Plan Housing Element and Circulation Element. As an addition to the scope, we have also budgeted for one professional rendering to illustrate the key elements of the Specific Plan and Zoning Code Update, which can be used by the City to market TOC opportunity sites to developers and utilize in grant applications.
Our goal is to help Bell Gardens craft a strategy to realize near -term complete street improvements, while planning for longer - term, complex TOC investments that will span multiple funding cycles. We are excited to partner with the City of Bell Gardens on this groundbreaking effort to shape the revitalization of Bell Gardens for years to come.
We look forward to the next steps in the selection process. Adam may be reached by phone at 213.261.4095 or by email at adam.maleitzke©kimley-horn.com.
Sincerely,
KIMLEY-HORN AND ASSOCIATES, INC.
Adam Maleitzke, AICP
Project Manager
*Sri Chakravarthy, PE, TE
First/Last Mile Planning
To the best of our knowledge, neither Kimley-Horn nor any of its employees has any potential conflict of interest due to any other clients, contracts, or property interest for this project. *Sri Chakravarthy is the individual
authorized to bind Kimley-Horn and
has read and will comply with all
terms and conditions of this RFP
7TPS960022024
Exhibit 2 318
Kimley» Horn s ii
PROPOSAL FOR
The Be11 Gardens Transit -Oriented Community Specific Plan and Zoning Code Update
4. Minimum Qualifications, Prior Related Experience and References ........................................27 7TPS960022024
319
Kimley>»Horn
Exhibit 2
PROPOSAL FOR
The Be11 Gardens Transit -Oriented Community Specific Plan and Zoning Code Update Work Approach and Methodology
PROJECT UNDERSTANDING AND APPROACH
The City stands at the nexus of major existing and planned transportation corridors, including the Southeast Gateway Transit Corridor, Las Angeles County Metropolitan Transportation Authority (LA Metro) Routes 110 and 111, the I-710 Freeway, the Los Angeles (LA) River bike trail, and a potential bus rapid transit line along the Rosemead/ Lakewood corridor. Major transportation corridors such as the Gage, Florence, Eastern, and Garfield Avenues, historically designed to convey large volumes of truck and passenger vehicles, present significant safety challenges for the roughly 20% of residents who commute to work by walking, cycling, or transit. In the last 10 years, there have been over 180 crashes involving pedestrians in the City, mostly concentrated on these facilities. Many of these crashes can be attributed to vehicle -oriented land uses, a high volume of truck traffic, a high concentration of curb cuts, narrow sidewalks, and other factors that will be addressed through the development of the Specific Plan.
These corridors also present a significant opportunity for the City to address longstanding equity issues. Due to the wide rights -of -way of the Florence, Gage, and Garfield Avenues as well as other major arterials in the City, there are opportunities to "right size" the corridors to convey passenger vehicles while adding shade, protective barriers, wider sidewalks, and transit facilities and amenities. While connections to the future LA Metro Southeast Transit Corridor stations at Florence Avenue/Salt Lake Avenue and Firestone Boulevard will be a key driver to improvements along Gage and Florence Avenues, a significant percentage of trips are local. According to Replica data from April 2024, over one-third of average weekday passenger vehicle trips originating in the City ended within a three-mile radius, indicating that improvements to pedestrian and cyclist infrastructure could have a major positive impact on safety, equity, and traffic. Our Existing Conditions Report will feature intensive data collection and analysis, including collisions, vehicle miles traveled (VMT), real-time Replica information, and other data. Perhaps more critically, we will bring the community to the table through a robust program of in -person, public engagement opportunities and events to help the City and Kimley-Horn identify critical challenges and shape the mobility strategy of the Specific Plan.
Like many suburban communities built after 1945, housing options in the City are a mix of single-family homes and multi -family complexes with two to three bedrooms. Homes of this size are inadequate for the relatively larger households in the City. Furthermore, with a median income of just over $50,000 and 25% of residents living below the poverty line, purchasing a home in the City can be difficult when the median home value is over $420,000. As a result, over 75% of residents rent their homes. To address these issues and promote high -quality, affordable housing at densities that can support transit, we will work with the City to craft a zoning code update program that enables a variety of housing types to be built such as small lot subdivisions, townhomes, fourplexes, and others, The Program of Projects will build on the City's Housing Element to assess barriers and opportunities for specific housing sites and identify infrastructure and other improvements to make them marketable to the developer community and clearly outline the City's equitable housing strategy.
The Specific Plan will culminate in an implementation -oriented "blueprint" that focuses on policy changes, infrastructure improvements, a housing action plan, and first/last mile projects. Kimley-Horn will leverage our extensive experience securing funding for, designing, and building complete streets and transit corridors to prioritize the key actions that will most effectively improve safety and mobility, promote equity, and expand housing choices.
Achieving active engagement from
residents, community organizations,
and businesses of all ages and
abilities to develop the project vision
and direction, particularly those from
disadvantaged communities
./ Diversifying housing stock that is
largely obsolete for the needs of current
residents, is unaffordable, and is not
of a density sufficient to promote
significant transit ridership
Promoting economic revitalization
at key nodes and corridors through
placemaking, actionable policies,
infrastructure investments, and
a clear set of actions for all key
stakeholders to follow
./ Mitigating heavy trucks and
passenger vehicle traffic congestion
that creates an unsafe situation for
pedestrians and cyclists
./ Prioritizing active transportation and
transit investments that yield near -
term environmental, health, equity, and
accessibility outcomes.
Doting a recent site visit, the Kin)ley-Horn team observed residents using a wide variety of modes, inchiding the
110/111 bus routes, scooters, bicycles, and ✓✓olking, We will identify transit arnernties, traffic calming solutions, and placemaking opportunities to improve safety and livability for the city
7TPS960022024
Exhibit 2
320
Kimley>»Horn
1 PROPOSAL FOR
The Bell Gardens Transit -Oriented Community Specific Plan and Zoning Code Update Scope of Work
Task 1: Project Management Plan and
Team Meetings
1. Project Management Plan
Kimley-Horn will work with the City to refine the project scope, schedule, and budget to meet the objectives of the Specific Plan.
Quality will be verified through independent technical reviews by qualified staff who are familiar with the technical procedures, processes, standards, and guidelines associated with the deliverables in the scope of work. Elizabeth Cobb, the principal -in -charge, will work with the task managers responsible for each major deliverable to perform a QC review with a focus on technical aspects. Each QC review will be documented in one PDF with markups for originators, checkers, and back -checkers and saved to the project files. In addition, we will assign an in-house editor who is independent from the technical team to check each document for voice, consistency, grammar, spelling, and graphics. These multiple rounds of review will be performed internally before deliverables are transmitted to the City for review.
Once under contract, we will prepare a Project Management Plan (PMP) that provides a clear roadmap for hour the project will be led and will include, at a minimum, the following topics:
• QA/QC process
N Project charter, including goals and objectives to be met N Key project team stakeholders, their contact information, and project role
N Communication protocols, project team (PT) meetings, and informal communication (email, phone calls, etc.)
N Invoicing protocols, including monthly progress reports N Work breakdown structure with a summary of deliverables, estimated level of effort, task leads, and production schedule N Project schedule and milestones (see below)
N Project ShareFile site and user access protocols
N Other topics as requested by the City
2. Project Schedule
a. We have included a preliminary project schedule that includes a 15 (fifteen) -month timeline with key milestones and deliverables.
We assume the project will kick-off by October, 2024. This timeline will allow Bell Gardens to complete the Specific Plan in advance of the Caltrans grant deadline and allow for potential project delays.
As noted above, we will work with the City to refine the scope and corresponding schedule and budget as needed. Once complete, we will incorporate the schedule into the final PMP.
b. The final schedule will clearly define major deliverables and deadlines. For major deliverables, we assume the City will have up to a two-week review period to provide comments and markups. Kimley-Horn will provide a comment matrix
with each deliverable to expedite edits once we receive comments from the City.
c. The preliminary schedule assumes 14 (fourteen) monthly PT meetings, which will include the Kimley-Horn team, City staff, Caltrans representatives, and others as appropriate, inclusive of a kick-off meeting. We have also budgeted for informal check - in meetings between project manager Adam Maleitzke, AICP and the City's designated project lead as well as regular emails and phone calls as needed. Regular communication is the cornerstone of a successful project.
Deliverables:
1. Project Management Plan (PMP)
2. Project Schedule
Task 2: Research and Analysis
Kimley-Horn will develop a comprehensive existing conditions analysis of transportation and land use conditions within the Specific Plan study area, including a range of planning and engineering studies to (i) define the study area; (ii) summarize opportunities and constraints; and (iii) identify a preliminary list of infrastructure needs and projects to be refined through community engagement and coordination with project stakeholders. We will build on our team's collective knowledge of the City, Gateway community, knowledge of the Southeast Gateway Transit Corridor, and other previous studies to quickly develop a focused and insightful Existing Conditions Report and Initial Needs Analysis and Memo. Major components of the existing conditions work will include:
1. Plan and Policy Evaluation Summary Analysis
We will prepare a concise and focused review of previous plans that have been developed for the area, including:
1. California's Streets and Highways Code
2. Caltrans Strategic Plan
3. California Transportation Plan 2050
4. California Bicycle and Pedestrian Plans
5. Southern California Association of Governments' Regional Transportation Plan (RTP)/Sustainable Communities
Strategies (SCS)
6. LA Metro Active Transportation Strategic Plan and First/ Last Mile Plans
7. Bell Gardens General Plan Circulation and Housing
Elements (2022 update)
8. Bell Gardens Complete Street Plan (2020)
9. West Santa Ana Branch Transit Corridor TOD Strategic Implementation Plan (SIP)
10. Americans with Disabilities Act (ADA) Plans
11. Review of the Bell Gardens Municipal Code, focusing on zoning guidelines and standards (parking ratios, setbacks, permitted uses, FAR/density, etc.)
12. Review of the current discretionary approval process for multi- family residential and mixed -use projects
13. Other relevant plans, as identified by the PT
In addition to a brief description of each plan, we will summarize key findings into a matrix with categories that could include 7TPS960022024
Exhibit 2
321
KimleyoHorns 2
PROPOSAL FOR
The Be11 Gardens Transit -Oriented Community Specific Plan and Zoning Code Update safety, funding, key policies, land use, etc. The matrix will also identify key sections that may be updated through Specific Plan recommendations and the zoning code update.
2. Analysis of Existing Conditions
Based on our team's pre -proposal site visit and review of current conditions, we assume that the existing conditions work will focus on the following major corridors in the City:
1. Florence Avenue 3. Garfield Avenue
2. Gage Avenue
In advance of the kick-off meeting, Kimley-Horn will issue a Data Request Memorandum to gain access to necessary plans and data not already received by our team.
On the same day of the kick-off meeting, we will work with the City to organize a site visit of key project areas and document our visit with notes and photos.
We anticipate the existing conditions review will include the following topics:
1. High-level demographic profile
2. Overview of building stock and residential/commercial building typologies, character -contributing elements, average rent, and valuation information
3. Current land use and zoning maps
4. Profile of typical lots and site layouts
5. Profile of key commercial corridors including regional shopping centers (Los Jardines, etc.), the Bicycle Casino, and small business corridors
6. Identification of public facilities such as libraries, parks, schools, hospitals, major commercial and employment
centers, and relevant characteristics of each (enrollment, service area, park amenities, etc.)
7. Streetscape physical character, including amenities, current typical cross -sections, placemaking elements, pavement conditions and size, and access to sidewalks
8. Parking availability for major commercial corridors (off- street and on -street)
9. Map(s) of current transit stops, shelters, routes, and boarding information if available. Proposed transit projects such as the Southeast Transit Corridor and others. Current walk scores and a walkshed analysis (geographic information system [GIS] map of 1/4-mile/5-minute walk to the LA Metro Routes 110 and 111 bus stops)
10. Current and proposed bicycle facilities and a 3 -mile walkshed analysis, LA River trail and current access points, other trails and connections
11. Park and open spaces with a map and profile
12. Other topics as identified by the City and PT
DEVELOP,
Countermeasure Toolbox
Kimley-Horn will drew on a wealth of origin -destination, collision and safety, GIS, and other data to understand current travel patterns and safety cGnstraints of the project area. We are adept at translating a robust analysis into specific tirstilast rule improvement protects that will improve conditions for pedestrians, bicyclists, and transit riders in the t3r:r7 Gardens community.
3. ProjectArea-Wide Origins -Destinations, Intermodal
Connectivit
y, andFirst/Last Mile Needs Analysis and Mapping
With the information gathered in Task 2.1, Kimley-Horn will work with the City staff to develop a list of transit -oriented community (TOC) opportunity sites within walking distance of the LA Metro Routes 110 and 111 transit corridors that may be ready for economic revitalization efforts and TOD investment. The list will also be informed by the following:
1. Housing opportunity sites as identified in the City's 2022 General Plan Housing Element
2. Available data for vacant and underutilized properties
3. Utility information on water shut -offs
4. An analysis of origins and destinations within the Specific Plan study area. Kimley-Horn has already performed an initial analysis using Replica data for the month of April 2024. We will expand on this analysis to identify origins and destinations for average weekday and weekend.
5. Discussions with Bell Gardens staff
7TPS960022024
Exhibit 2
322
Kimley>»Horn
3 PROPOSAL FOR
The Be11 Gardens Transit -Oriented Community Specific Plan and Zoning Code Update The factors above will be incorporated into a First/Last Mile Needs Analysis Map, as well as a GIS exhibit that will identify key destinations within The City and the surrounding area and identify key first/last mile corridors or "desire lines" where the City and Kimley- Horn team should focus its efforts.
4. Equity Study
Our approach to equity is threefold: we will (i) use performance metrics to establish baseline conditions, track the impact of proposed transportation investments using our proprietary Access20pportunity scenario planning tool, and provide the City with a scorecard for measuring equity as the corridor develops; (ii) develop strategies for mitigating disparities and equity concerns; and (iii) engage directly with the PT and residents and businesses to identify partnerships and programs so that equity goals are embedded in the Specific Plan.
1. We will work with City staff and the PT to identify performance measures and metrics. We anticipate focusing on resiliency, economic mobility, health, connectivity, safety, and All data collection and initial literature review of equity analysis will come from Task 2.1. We will summarize the key equity and health - related concerns throughout the corridor as well as proposed mitigation strategies and programs supplemented by a
customized Access20pportunity dashboard that will incorporate quantifiable performance metrics prioritized by the PT.
2. Jobs and Services Access: The Kimley-Horn team will
conduct various analyses such as travel time, public transit, demographics, and service location analysis to identify disparities in access by demographic population. The project outreach documentation will be used to outline the community perception on estimating challenges and preferred solutions, and the community walk audits (Task 3) will provide additional insight into the usability of transit services.
3. Housing and Transportation Affordability: We will use the Housing +Transportation Index prepared by the Center for Neighborhood Technology to identify locations within the project area with high household transportation and housing costs relative to Los Angeles County. Additionally, the affordability analysis will evaluate mode share, public transit, income distribution, and housing supply and demand. We will also evaluate the effectiveness of local policies promoting affordable housing and alternative transportation modes and opportunities for inclusionary zoning, rent control, or other strategies.
4. Transportation and Mobility Equity: We will build on the first/last mile findings from our existing conditions work (Task 2.1) and conduct a Bike/Walk Audit with the
community to "ground -truth" findings and understand the key mobility and accessibility challenges that residents in the community are facing.
The Equity Analysis will summarize the key equity priorities, corresponding metrics, input received through public engagement activities and surveys, and also outline the process for incorporating equity -focused priorities into the Specific Plan.
5. Accidents and Safety Analysis and Mapping
Kimley-Horn has conducted a preliminary review of Statewide Integrated Traffic Records System (SWITRS) data to identify trends as it relates to vehicular, pedestrian, and cyclist collisions.
Specifically, we will:
1. Identify high crash locations and crash patterns using five years of historical crash data available from the
Riverside County Transportation Department's (RCTD)
Crossroad database, supplemented as needed with
University of California, Berkeley Transportation Injury Mapping System (TIMS)
2. Perform a risk factor analysis to identify factors in the transportation network that inhibits safety for all users
3. Conduct a systemic safety analysis to identify high risk road features associated with specific crash types. This analysis will help to identify locations for low-cost improvements such as curve warning signs on horizontal curves to prevent road departure crashes.
4. Prepare an analysis that includes additional analysis focusing on fatal and severe injury crashes, vulnerable road users, school zones, driving behaviors, railroad crossings, transit stops, and residential neighborhoods. Kimley-Horn will
develop a GIS-based data inventory, which will be expanded as additional data is collected during the project development phase. We can also use our subscription to Replica to
review origin -destination data, mode split, and pedestrian/ bicyclist patterns. This information will be used to inform the development of first/last mile and safety improvement projects as part of the Needs Analysis Memo.
6. Needs Analysis
With the information generated in Tasks 2.1-2.4, Kimley-Horn will prepare a Needs Analysis Memorandum. The Needs Analysis Memorandum will include, at a minimum, the following topics:
1. Key Project
Objectives and Metrics
2. Summary of Project Area
Existing Conditions
3. Equity Baseline Analysis
4. Origins, Destinations, and
TOC Opportunity Sites
r► Deliverables:
. Research and Analysis
a. Plan and Policy Evaluation Summary Analysis
b. Analysis of Existing Conditions
2. Project Area -Wide Origins, Destinations, and Intermodal Connectivity Analysis and Related Maps
3. Equity Study
4. Accident/Safety Data and Related Maps
5. Initial Needs Analysis and Memo
5. Collisions and
Safety Analysis
6. Profile of Prioritized
First/Last Mile Corridors
and Preliminary List
of Infrastructure
Needs/Improvements
7TPS960022024
Exhibit 2
323
KimleyoHorn s 4
PROPOSAL FOR
The Be11 Gardens Transit -Oriented Community Specific Plan and Zoning Code Update Task 3: Stakeholder Engagement Plan
Our team, including several members of the technical
and outreach team, is bilingual and multicultural— a
critical factor in the success of the Specific Plan in
a community where over 4o% of residents are
foreign -born and 96% are Latinx.
Kimtey-Horn wit use
PublicCoordinate to serve as the
platform tor the Interactive 1bwr7 Hall
Event. We developed this platform
to be intuitive, easy to use, and
compatible with desktop and mobile
devices. PublicCoordinate will allow
Bell frardenm residents to report on
critical areas tor improvement and
participate in an interactive forum for
discussion with other residents about
firs✓last mile and transit needs.
The Kimley-Horn outreach team, led by Monica Villalobos and Tatiana Lundstrom, will integrate the findings from the Equity Analysis to lead a robust community engagement process that will meet the community where they are through a variety of in - person and virtual engagement activities and tools. Our team is adept at creating content, visualizations, resources, and tools to tell a story that citizens can understand and that enable equitable participation. We will listen to understand, educate, and demonstrate how our outreach shapes the implementation of the Specific Plan.
Using our local and national experience, we employ emerging and forward -thinking practices along with proven grassroots methods to accomplish project goals.
1. Stakeholder Engagement Plan
Kimley-Horn will prepare a Stakeholder Engagement Plan (SEP), which will be a living, working document to make sure we have captured the strategies needed to reach our audiences, including the general public, committees, organizations, and officials. The SEP will contain the schedule for engagement —tiering off of existing community events and gatherings to meet people where they are —creating forums and charrettes, and identifying thoughtful and respectful ways to reach low-income, minority, un-housed, and hard -to -reach populations. We will follow best practices from outlined resources and track and evaluate progress throughout the project so that our desired audiences are actively engaged in the process. If we find that we are not meeting our goals, we will pivot to incorporate additional measures. At a minimum, the SEP will include:
1. Project objectives and goals, informed by the Equity Analysis (Task 2.3) and strategies to engage hard -to -reach populations
2. City staff will be responsible for direct outreach
to stakeholders.
3. Summary of proposed in -person and virtual engagement events and tools
4. City staff will coordinate the selection and use of venues throughout the project and be responsible for any agreements or fees necessary to host events.
5. Other topics as identified by the City staff and the PT
2. Project Website, Social Media Interactive Town Hall, and Marketing/Publicity
Project Manager Adam Maleri( ke facilitated a walking tour with stakeholders for the Paramount/South Gate Station Area Vision Plan project for communities near the (lest Santa Ana Branch/Southeast Gateway lransitCorrdor: Our first open house event will take the form of a v✓aikJng tour with residents to collectively identify barriers to TOCs and walking/cycling in Bell Gardens.
The SEP will be supplemented by an active and engaging
social media and marketing/publicity campaign that will include the following:
1. Contact List: City staff will take the lead on this task..
2. Project Webpage: The webpage will contain a project
overview, document activities, and be a trusted resource for the community to find up-to-date information, access to frequently asked questions, and ways to communicate with the project team.
3. Social Media: We will work through the City's existing social media channels (Facebook, X, and Instagram) and develop key messaging that will coincide with publishing of major deliverables and events.
4. City staff will be responsible for distributing all
flyers and postcards.
5. Interactive Town HaII: In advance of the first public workshop, Kimley-Horn will use our proprietary Public
Coordinate tool, along with a virtual and printed survey, to collect community input on mobility and housing challenges within the project area. Public Coordinate is a virtual, intuitive, 7TPS960022024
Exhibit 2
324
Kimley>»Horn
5 PROPOSAL FOR
The Be11 Gardens Transit -Oriented Community Specific Plan and Zoning Code Update interactive mapping tool that allows participants to add placemarks and report intersections and corridors that are unsafe, identify bus stops, streets, and properties that the City and Consultant team should focus on, and allow for dialogue with other community members on topics important to
residents and businesses.
3. Community Survey
The information received through the Interactive Town Hall will be complemented with input received through a separate online and in - person survey collected through two (2) in -person pop-up events (Task
3.4). To the scope, we have added an intercept survey. Kimley-Horn will locate two staff at major intersections and bus stops throughout the project area and ask people questions regarding their experiences cycling, walking, and taking transit in the City of Bell Gardens. This has been an effective method of engagement for several projects and yields on -the -ground information directly from the community.
4. Community Outreach meetings, Open House Events,
and Workshops
Guided by the principles outlined in the Equity Analysis and SEP, Kimley-Horn will lead and facilitate the following events in both English and Spanish:
1. Virtual and In -Person Open Houses (two)
i. Virtual: Once the City has reviewed and approved
the Needs Analysis Memorandum and Equity Analysis,
Kimley-Horn will facilitate a virtual Open House. Select City staff and Kimley-Horn team members will introduce
the project and discuss the key findings and preliminary recommendations during the first half of the meeting,
focusing on themes such as equity, safety, access/
mobility, housing, and amenities. We anticipate using
Zoom or another platform preferred by the City. For the second half of the meeting, Kimley-Horn will facilitate a virtual question and answer (Q&A) session for residents and businesses to ask questions or discuss their
priorities/goals for the project and concerns about issues in the project area. The session will be recorded, and a transcript/summary will be provided to the City staff.
ii. In -Person: Once the draft Specific Plan and
recommendations has been released, Kimley-Horn
will work with City staff to secure a venue for an in - person Open House Session. Breakout tables will be
designated for those who prefer to engage in Spanish,
and direct translation will be provided during the Q&A
session. Presentation materials will be made available
in Spanish for audience members to follow along with
the PowerPoint presentation. Following the presentation, participants will be invited to explore key aspects of the Specific Plan presented through boards, Lego models,
and other interactive exhibits. City and Kimley-Horn
team staff will be available to answer questions in
English and Spanish.
iii. Alternatively, as indicated in the scope, Kimley-Horn can facilitate two in -person open houses (one in the east and one in the west), but we recommend holding an in -person and virtual town hall sessions as described above to
provide a variety of ways for residents and businesses to engage with the PT.
Engaging design workshop led by Project Manager Attain lvlaleitzke to envision transit - oriented development opportunities and first/last mile improvements near the future Southeast Transit corridor Paramount and South Gate stations. Kimley-Horn will lead sirrti{ar creative, engaging activities to help residents shape the vision of the Specific Plan.
2. Public Workshops (three)
i. The first public workshop will be organized as
a Bike/Walk Audit to be held on a day that is most
convenient for residents. Over a several -hour period, we anticipate organizing walking tours with routes that are located throughout key nodes in the project area. The
routes will be determined by public input received to date and the Needs Analysis Memorandum. The intent is to
allow residents to walk around their neighborhood and
assess, with clipboards and customized forms, existing
conditions for pedestrians and cyclists and suggest
improvements that may improve safety and access to
walking, cycling, and the LA Metro Routes 110 and 111
transit corridors. Kimley-Horn will document all completed forms and summarize/map key findings.
ii. The second and third public workshops will be organized as interactive design workshops with a number of engaging activities that will allow participants to identify appropriate housing typologies and complete street and first/last mile improvements for the focus areas prioritized in the Needs Assessment Memorandum, Interactive Town Hall/Public
Coordinate tool, and open houses. For each workshop,
we anticipate the following activities, but we will work with Bell Gardens staff to refine the workshop agenda as part of the SEP:
1. Introductory Presentation: Kimley-Horn will
7TPS960022024
Exhibit 2
325
Kimley>»Horn
6 PROPOSAL FOR
The Bell Gardens Transit -Oriented Community Specific Plan and Zoning Code Update present (i) what we have heard from the community
so far; (ii) initial findings from the Consultant team; (iii) summary of opportunities and constraints; and
(iv) focus areas. The facilitator will then provide an
overview of the workshop format.
2. Breakout tables:
a. Mobility Projects: Large base maps with
"stickers" representing bicycle and pedestrian
improvement projects, supporting profiles of first/
last mile improvements from NAACTO/other toolkit
information, existing cross sections and scaled
"cut-outs" of bicycle and pedestrian facilities to
generate alternative complete street plans, or
other interactive and engaging activities
b. Housing and TOD Projects: Multi -colored Legos
(roughly 60 scale), base maps, and profiles of
TOD/housing typologies. For the opportunity sites,
participants will create development scenarios
and identify housing typologies that they think are
appropriate for their neighborhood and meet the
goals of the Specific Plan.
c. Each breakout table will include a facilitator
from the City or Kimley-Horn team. Facilitators
will guide the discussion towards a set of
recommendations to report -out to the rest
of the workshop.
3. Report -out: workshop participants will walk from
table to table, and a representative will discuss their mobility or housing visions for the project area.
4. The workshop facilitator will provide closing remarks and discuss next steps in the project, including future opportunities for public engagement.
5. Kimley-Horn will summarize the discussions and
recommendations from each breakout table as part
of a memorandum that will be shared with City
staff and the PT.
3. Pop-up Events (added to scope): Kimley-Horn has added participation in up to two pop-up events, to be held at festivals within the project area such as the 4th of July Festival, Memorial Day Service, or other events with a large draw. We anticipate staffing a tent with a table, preparing boards to describe the project and key issues, and distributing survey postcards with quick response (OR) codes to invite visitors to take the survey or engage with the Interactive Town Hall/Public Coordinate site.
Deliverables:
. Stakeholder Outreach and Engagement Plan
2. Postcards, Project Website, Social Media Content, Meetings Notices, Presentations, and Notes
3. Project Website, Social Media/Interactive Town
HaII Site/Surveys
4. Facilitated Mandatory Community Engagement/Outreach
Meetings and Activities
Task 4: Policy Framework & Proposed
Connectivity Projects
IIIIIh��Omomouuu
�RRRRRI
Kimley-Horn's Access2Opportunity dashboard will add an equity lens to the development of first/last mile improvements as they are envisioned with residents, stakeholders, and Bell Gardens staff.
1. Goals, Objectives, Policies, and Performance Measures Kimley-Horn will work with City staff and the PT to establish project goals, objectives, and corresponding performance metrics that (i) guide the development of the plan and, once the Specific Plan is adopted; and (ii) track the Specific Plan's impact on health, equity, economic, mobility, safety, and other factors. These metrics will be used throughout the development of the Vision and Implementation Plan to evaluate real-time scenarios and inform the development of mitigation measures and strategies to improve livability as the Specific Plan is implemented long-term. These will be based on input received through the survey, Town Hall/Public Coordinate, findings from the Equity Analysis, and other public engagement activities.
Potential metrics could include quantifiable impacts on VMT, transit ridership, rent burden, pedestrian and cyclist collisions, housing starts and affordable units generated, housing affordability, business counts, and others as prioritized by the PT and community. Once the metrics have been identified, Kimley-Horn will establish baseline conditions, identify data sources, and prepare a plan to annually collect and update the scorecard as the prioritized program of projects is implemented.
2. Best Practices - Design Elements Toolkit
Kimley-Horn will draw upon existing resources, including Caltrans' Complete Streets Toolbox and Smart Mobility Framework, to develop a menu of potential complete street treatments that may be applied in Bell Gardens. We also recommend using the KAGligliQuality_ TransitAr_e_aB ;iTA) Toal_kit, developed by Kimley-Horn's project 7TPS960022024
Exhibit 2
326
KimleyoHorns 7
PROPOSAL FOR
The Be11 Gardens Transit -Oriented Community Specific Plan and Zoning Code Update manager Adam Maleitzke, AICP, which includes an extensive collection of complete street treatments with descriptions, annotated diagrams, best practices and design guidelines, and precedent imagery. This information will be formatted into a concise toolkit, with half -page profiles drawing on the information above, and will be used during the design workshops and other engagement activities to help educate the public about best practices for first/last mile improvements.
3. Zoning Code Update Program
Task lead Xiaofan Li, who has an extensive background in preparing Specific Plan and zoning code updates, will lead the preparation of the zoning code research and code update activities. This work will include the following:
a. Best Practices: Review of municipal codes for up
to three (3) peer Southern California cities that have
recently adopted TOC zoning standards as part of the
latest Regional Housing Needs Allocation (RHNA) cycle.
The summaries will discuss the discretionary or by -right approvals process, standards including setbacks, FAR/
DUPA, lot coverage, provision of open space, amenities, fees, density bonuses, parking ratios, permitted uses and/ or building typologies (if a form -based code was adopted), building height, and other standards as applicable. Each summary will include a concise overview of the key
changes and a table of the proposed TOC standards.
b. Community Goals and Priorities: Matrix summary of the key themes and priorities expressed by the public through project engagement efforts and the existing plan review outlined in Task 2.
c. Zoning Code Recommendations and Zoning Map:
One (1) meeting with representatives from the Community Development, Recreation and Community Services, and
Public Works departments to review and discuss draft
zoning changes proposed by the Kimley-Horn team and
determine the inclusion of specific parcels. Kimley-Horn will incorporate feedback from City staff and issue a redlined version of the City's zoning code as well as a corresponding map with the proposed changes.
4. Proposed Affordable Housing Program Projects
Working with Bell Gardens staff, we will prepare up to three (3) profiles of TOC Opportunity Sites that will serve as a marketing tool as the city engages with developers, pursues funding, and seeks to realize transit -oriented community investment projects. Each profile will include, at a minimum:
NI Identification of existing utilities and sizing (GIS map and high- level description)
Ni Location of proposed first/last mile projects and integration with the TOC sites
Ni Opportunities for bus shelters, bike storage, wayfinding signage, and other amenities for transit riders, bicyclists, and pedestrians
• SketchUP massing models depicting a potential TOC
development scenario
• Precedent imagery from the Design Elements Toolbox/
HQTA Toolkit to depict potential housing/mixed-use
development typologies
SI Planning -level total development cost estimate
• Table depicting the proposed TOC Zoning Standards developed by Kimley-Horn and Bell Gardens staff that will inform the development of each site
AMP Miss?vn Inn Avenue, -Alfarnetive2
eiecimeiitcrecettei some
INFRASTRUCTVRP &PUBLIC REALM STRATEGY
Noce, section
For the SCAG ROTA Vision Plan for the City of Riverside, Project Manager Adam Maleitzke led the preparation of plans, cross sections, and itemized cost estimates for recommended first/last mile improvement projects as part of a TOC study We will work with Bell Gardens to develop grant -ready profiles of firsVtast mile projects with tailored tending packages and identity near -term improvement projects to accelerate safety and mobility improvements for Bell Gardens residents.
NI List of potential funding sources for TOD projects
NI List of near -term and long-term implementation actions and a responsibility matrix
To the scope, we have added a Developer's Roundtable. Project Manager Adam Maleitzke, AICP has facilitated several developer roundtables for projects such as the Riverside County Transportation Commission TOC Strategic Plan and Corona Housing Element Rezoning Program and can bring a wide variety of market rate and affordable housing developers to the City. Once the TOC Opportunity Site profiles have been created, Kimley-Horn will organize a roundtable to discuss the development constraints of each site and propose mitigation strategies to unlock TOC investment.
5. Bicycle Program of Projects
Kimley-Horn will identify and recommend improvements to the on -street bicycle facilities network. In partnership with stakeholders, including the PT, Kimley-Horn will conduct an analysis of existing and proposed projects to determine feasibility and appropriateness, as projects prioritized by the community may not have been included in previous plans. Input collected through public outreach will also be incorporated into the listing of proposed projects. Additional on -street 7TPS960022024
Exhibit 2
327
KimleyoHorn s 8
PROPOSAL FOR
The Be11 Gardens Transit -Oriented Community Specific Plan and Zoning Code Update bicycle network recommendations shall be determined through technical analysis of demand, gaps and opportunities for connectivity.
A high-level feasibility study will be performed for all recommended bikeway projects to identify projects that can be implemented within the existing right-of-way. Kimley-Horn will make an effort to propose low-cost projects where feasible and recommend phased approaches for short- and long-term solutions where necessary. Kimley-Horn will facilitate a two -hour-long workshop with City staff to discuss preliminary projects before the profiles are developed. Each project profile will include a description, existing and proposed typical cross section, 5% typical segment plan over aerial photography, potential constraints, and other characteristics, as deemed necessary by Bell Gardens staff. In addition to the profiles, Kimley-Horn will prepare a GIS map of proposed pedestrian improvements selected by the City.
6. Pedestrian Program of Projects
Kimley-Horn will identify and recommend improvements to the pedestrian network for people walking and using mobility assistance devices such as wheelchairs. Kimley-Horn will use previous planning studies as a starting point for a list of pedestrian projects, and then work with City staff to include locally desired projects that may not have been included in previous plans and also include appropriate gap closures and connections between existing communities and areas planned for development. Input collected through community outreach events and the community survey will also be incorporated into the list of desired projects. Kimley-Horn will facilitate a two -hour-long workshop with City staff to discuss preliminary projects before the profiles are developed. In addition to the profiles, Kimley-Horn will prepare a GIS map of proposed pedestrian improvements selected by the City.
7. Proposed ADA Program of Projects
We will use the findings from the Initial Needs Analysis Memo and proposed program of pedestrian and bicycle improvements to recommend key intersections where ADA curb ramps are needed. All recommended projects will be mapped in GIS.
8. Safe Routes to School (SRTS) Program of Projects
Kimley-Horn will utilize existing collision data, traffic counts, and speed data within''/ mile of each of the school bus stops within the Specific Plan project area to identify trends related to school travel patterns and recommend countermeasures. We will examine various factors for collisions including time of day, primary collision factor, California Vehicle Code violations, age and gender of involved parties, and party at fault.
The results of the school audits will help inform recommendations for traffic control devices, circulation patterns, and pedestrian and bicycle enhancements on public roadways adjacent to school bus stops. Kimley- Horn will also develop recommendations for education, awareness, enforcement, and safety programs for students in local schools. v.+ Deliverables:
. Goals, Objectives, Policies, and Performance Measures
2. Design Elements Toolbox and Best Practices
. Zoning Code Updates Program, Maps, Schematics, and
Recommendations
4. Proposed Affordable Housing Program of Projects,
Maps, Schematics, and RecommendationsProposed
Bicycle Program of Projects, Maps, Schematics, and
Recommendations
6. Proposed Pedestrian Program of Projects, Maps,
Schematics, and Recommendations
7. Proposed ADA Program of Projects, Maps, Schematics, and Recommendations
8. Safe Routes to School Program of Projects, Maps,
Schematics, and Recommendations
Task 5: Prepare Planning Documents
Draft and Final Plan)
1. Project Prioritization
Kimley-Horn will conduct a usage assessment of proposed projects developed in Task 4 and will score them based on cost, potential use using NCHRP 552 methodology, and role in the Citywide network. The projects will be grouped into tiers based on those scores to help the County prioritize which projects should be constructed within the first two years, and which can wait for specific funding opportunities or maintenance cycles that may span multiple years.
2. Funding Sources and Strategies:
Funding specialist Alyssa Phaneuf, P.E. will draw upon unit cost information generated from Active Transportation Plans (ATP) prepared for other California clients in 2023 to develop itemized cost estimates for prioritized projects, including contingencies to cover expenses such as maintenance and operations. Kimley-Horn will also develop a compiled matrix of funding sources to plan and implement the mobility improvements proposed in the plan within the short term (two-year) and long term (2+ year) time horizons. The funding sources may include local, regional, state, and federal sources, and would include a variety of fund types, including transportation, air quality, water quality, health, and sustainability. The funding list will include details on what each funding source can address, such as feasibility analysis, environmental review, right-of-way acquisition, final design, construction, maintenance and operations. The matrix will include the anticipated next call for applications date, if available, and other key information needed for the applications.
7TPS960022024
Exhibit 2
328
KimleyoHorn s 9
PROPOSAL FOR
The Be11 Gardens Transit -Oriented Community Specific Plan and Zoning Code Update
3. Administrative Draft Bell Gardens TOC Specific Plan and Zoning Code Update: Environmental Scan, IS/MND
Kimley-Horn will compile applicable findings, figures, and recommendations from previous tasks to prepare the Administrative Draft Specific Plan. We anticipate that the Administrative Draft Specific Plan will include the following chapters:
a. Plan Information: Table of contents, index of tables, diagrams, and maps
b. Executive Summary: Plan intent, plan area description, high-level recommendations, and discussion of process
c. Introduction: Maps and description of the plan area, summary of existing conditions, needs assessment,
relationship to other plans, and relationship between
policies and regulations
d. Zoning Code Update and Land Use Changes: Project
goals, objectives, and metrics, updated zoning code map, table with changes to development standards, purpose and intent of regulations, design standards
e. Infrastructure Plan: Evaluation metrics, list of prioritized mobility (bicycle, pedestrian, SRTS, and ADA) projects and funding sources, cost estimates, project profiles, phasing, and map of proposed projects and descriptions
f. Consistency with the General Plan and negative
declaration determination
Specific Plan administration and Enforcement
Appendices: Memoranda developed for the project,
supporting maps, tables, and other figures
Kimley-Horn will work with City staff to determine the detailed outline and Specific Plan content prior to preparation of the Administrative Draft Specific Plan. We have also added one professional rendering to the scope to help illustrate the key components of the Specific Plan and Zoning Code Update. Environmental Planning Lead Jessie Barkley, AICP will work with Bell Gardens Staff to prepare an Environmental Scan, which will assess the topics that will be covered during the preparation of the Mitigated Negative Declaration (MND).
Once a project description has been finalized, Kimley-Horn will pre ,ortS
pare an nitia to an and su��ortm� pica re tec
D.
h.
including a traffic study that assesses Vehicle Miles Traveled (VMT) impacts only. This proposal assumes that an Environmental Impact Report (EIR) will not be necessary and is not assumed in the proposed budget. If deemed necessary to clear the project, an EIR would be prepared through a separate contract.
4. Release Draft Transit -Oriented Communities Specific Plan and Zoning Code
Once the Administrative Draft is completed, we will transmit to the City for a three-week review by City departments, incorporate feedback received through the comment matrix, and issue the public draft of the BG-TOC/ZCU. Kimley-Horn will prepare and present the Specific Plan at the second open house as described in Task 3, focusing on the priority projects and zoning code update recommendations. We will also work with Bell Gardens staff to prepare presentation materials and information for City staff reports as part of a City Council public hearing, which Kimley-Horn will staff.
5. Finalize Transit -Oriented Communities Specific Plan and Zoning Code
We will incorporate comments received from the final open house and Public Hearing and issue a Final BG-TOC/ZCU. All major deliverables, notes, and presentations prepared for the project will be transmitted to the City using the project ShareFile site for future reference and use.
•} Deliverables:
List of prioritized projects based on feasibility, likely funding availability, and community feedback
2. Proposed list of funding sources, including framework for Phases and Partnerships
3. Environmental Scan, IS/MND, and supporting
technical reports
4. Draft Specific Plan
5. Public Meeting Agenda, Presentation, Meeting
Minutes, and Notes
6. Final Specific Plan
mey- omw prepare a proessoorm ren_ermgto,ieprie rbjmar et ) pperunrty..rtes, u,ocornmunrhjsupport or t e vision p an, and 7TPS960022024
Exhibit 2
329
Kimley>»Horn
10 PROPOSAL FOR The Be11 Gardens Transit -Oriented Community Specific Plan and Zoning Code Update Milestones
2024 - 2025
Project Alternatives
Project Management Plan
Project Team Meetings
Task 2 Research & Analysis
2.4 2.6
State, Regional and Local Agency Plan/Policy Review
Analysis of Existing Conditions Study
Project Area -wide Origins -Destinations (Mobility), Intermodal Connectivity, and First/Last Mile Needs Analysis and Mapping
Equity Study
Accidents and Safety Analysis and Mapping
Needs Analysis
Task 3 Public Engagement Plan
3.4 Stakeholder Engagement Plan
Project Website, Social Media Interactive Town Hall, and Marketing/Publicity Community Survey
Community Outreach Meetings, Open House Events, and Workshops (Varied In-person/Online)
Task 4 Policy Fr
4.1 4.2
4.3 4.4
4.5 4.6
4.7 4.8
5.4 aework & Proposed Connectivity Projects
Goals, Objectives, Policies, and Performance Measures
Best practices — Design Elements Toolbox
Zoning Code Update Program
Proposed Affordable Housing Program of Projects
Proposed Bicycle Program of Projects
Proposed Pedestrian Program of Projects
Proposed ADA Program of Projects
Safe Routes to Schools Program of Projects
Prepare Planning Documents (Draft and Final Plan)
Project Prioritization
Funding Sources and Strategies
Administrative Draft Bell Gardens TOC Specific Plan and Zoning Code Update; Environmental Scan, IS/MND
Release Draft Transit -Oriented Communities Specific Plan and Zoning Code Updates
Finalize Transit -Oriented Communities Specific Plan and Zoning Code Adoption SEP-24 OCT-24 NOV 24 DEC 24 JAN -2
FEB-25 MAR -25 APR -25 MAY -25 JUN -25 JUL-25 AUG-25 SEP-25 OCT-25 NOV-25 DEC -25
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MINNIMMEMIMEMINIMENEMMINIMINEMINI
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MMIMIMMMMMIM
•••
■
Kickoff
Draft Deliverable for Review by City
Final Deliverable
. Project Team Meetings
9 Planning Commission/Public Hearing
G Project Completion
OUTREACH MILESTONES
a;A Website + Initial Social Media Posts
g q Survey Released
C Virtual Open House
Interactive Town Hall (ongoing, 3.5 months)
Workshop 1
Pop -Up Events (2)
Workshops 2 + 3
n -Person Open House
T(PS96002.2024
City of Bell Gardens
Exhibit 2
330
Kimley>>Horn 11
PROPOSAL FOR
The Bell Gardens Transit -Oriented Community Specific Plan and Zoning Code Update Project Team
Kimley-Horn offers a highly skilled, experienced, and responsive team of professionals who have a proven record of successfully addressing the City's needs for a program that provides a safe and reliable transportation network that serves all your residents and respects the environment. Kimley-Horn's key staff members have a history of working effectively with local agencies and communities to develop strategies that will reach community audiences, stakeholders, proper owners, and developers.
Adam Maleitzke, AICP will be your main point of contact and project manager, and he will have primary responsibility for this project. Adam has been a key figure in the Los Angeles Greater Metropolitan Area, leading large-scale transportation, TOCs, and land use projects. Supporting Adam are specialists that include Monica Villalobos, who has over 20 years of experience overseeing award -winning community engagement strategies and is passionate about making sure the public is well informed of projects as well as heard, and Darryl DePencier, AICP, GISP, RSP2b, who has completed over 40 recent SSARs, LRSPs, and RSAs throughout Southern California and has the experience as well as the knowledge of statewide, regional, and local requirements to put together a successful first/last mile plan.
We are excited for you to meet and learn more about our team. Our organization chart is provided below, and resumes of our key staff, which include their special qualifications, training, credentials, titles, roles, qualifications, and experience, are provided on pages 13.
Organizational Chart
Strategic Advisor
Dave Barquist, AICP
City of
BeII Gardens
Project Manager
Adam Maleitzke, AICP
Principal -in -Charge
Elizabeth Cobb
Specific Plan and Zoning Update.
Xiaofan Li
Adam Maleitzke, AICP
Bryant de la Torre
First/Last Mile Planning
Q Darryl DePencier, AICP, GISP, RSP2B
Sri Chakravarthy, P.E., T.E.
Matt Horton, AICP
Tyler Lindberg, AICP
Environmental
Jessie Barkley, AICP
Mayra Garcia, LEED GA
Equity and. Outreach
Monica Villalobos
Tatiana Lundstrom, P.E.
Implementation Plan
Q Alyssa Phaneuf, RE.
Q = Task Lead
Management of Staffing
We have selected a team of seasoned professionals who offer the high level of responsiveness you need for this project. The depth of our staff in the required areas of expertise and our familiarity with your needs will allow us to maximize our coordination efforts while integrating resources, adhering to project schedules, and managing the budget effectively. With these processes in place, we can meet the technical and staffing needs anticipated for this contract.
We understand our clients expect us to manage and deliver project services effectively and expeditiously. Your project manager, Adam Maleitzke, AICP, will use our proactive management system known as "cast-aheads" to detail personnel needs and determine availability each month. Our cast -ahead system schedules and organizes 1-, 3-, and 6 -month looks into each person's future workload, providing an accurate tool for keeping projects on schedule. Based on a review of our cast-aheads, the individuals selected for this team are available immediately to serve you and are in an excellent position to handle the workload required to complete this project. 7TPS960022024
Exhibit 2
331
Kinnley>»Horn
12 PROPOSAL FOR
r
1. t s wr t..h
Resumes
Education
• Master of Landscape
Architecture,
University of Minnesota
• Master of Urban and
Regional Planning,
University of Minnesota
• Bachelor of Arts,
Architecture, Urban Studies,
University of Minnesota
Professional Credentials
• American Institute of
Certified Planners, #027697
+ Urban Land
Institute (ULI), Member
• American Planning
Association (APA), Member
Adam
e'itzke, A
CP
Adam is a planner and urban designer with more than 17 years of experience leading large-scale transportation, TOC, and land use projects for clients throughout Southern California and beyond, and has worked in the private, public, and non-profit sectors. He is skilled at managing the preparation of master plans, station area plans, active transportation plans, streetscape plans, and feasibility studies, managing large multidisciplinary teams.
Adam has also led and facilitated stakeholder meetings and public engagement events to establish a project vision and forge consensus as part of small group sessions and large public events. Recent projects include station design and planning services for the California High Speed Rail Authority, Sound Transit, and LA Metro, as well as station area planning and Specific Plan preparation for emerging TOCs along emerging Light -Rail Transit (LRT) and commuter rail station areas. Adam excels in leading projects that seamlessly integrate land use and transportation and brings a critical skill set for designing walkable, livable communities that promote equity, and mobility, and lead to a climate -resilient future.
RELEVANT EXPERIENCE
• City of Bakersfield, Active Transportation Plan, Bakersfield, CA — Project Planner • Riverside County Transportation Commission (RCTC), TOC Strategic Plan, Riverside County, CA* — Project Manager
• Sound Transit, Everett Link Extension and Operations and Maintenance Facility North, Seattle, WA — Project Planner
• San Bernardino County Transportation Authority (SBCTA)/Southern California Association of Governments (SCAG), Advanced Regional Rail Integrated Vision (ARRIVE) Corridor, San Bernardino, CA* — Senior Planner
• California High Speed Rail Authority (CHSRA), Los Angeles -to -Anaheim Project, Los Angeles to Anaheim, CA* — Director of Planning
• City of Palm Desert, Rail Station Feasibility Study, Palm Desert, CA — Senior Advisor • Omnitrans, West Valley Connector, San Bernardino, CA* — Project Manager • U -PLAN Community Planning Studio, St. Paul, MN* — Program Director • SCAG, High -Quality Transit Area Analysis, Los Angeles, CA* — Project Manager • SBCTA, Omnitrans West Valley Connector, San Bernardino, CA* — Project Manager • North County Transit District (NCTD), Solana Beach Transit Center Joint Development Plan, Solana Beach, CA* — Project Manager
• City of Long Beach, Downtown and TOD Pedestrian Master Plan, Long Beach, CA* — Project Manager
• St. Paul Metropolitan Council, TOD and Infrastructure Grant Management, St. Paul, MN* — Senior Planner
*Prior to joining Kimley-Horn
7TPS960022024
Exhibit 2
332
Kimley>»Horn
13 PROPOSAL.. FOR
"71,711.e t3ell Gardens s'll Inan si i.. sX':,sr'U
Resumes
Education
• Bachelor of Arts, Social
Ecology, University of
California, Irvine
• Associate, University of
Southern California
Professional Credentials
• Urban Land
Institute (ULI), Member
• American Planning
Association (APA),
Multifamily Local Council
Eliz both Cobb
Elizabeth brings nearly 30 years of policy planning expertise with a comprehensive knowledge of land use development involving acquisition, forward planning, entitlement, financing, and implementation. She brings a unique mix of public and private experience to planning and land development services. She has managed projects through pre -development, and is responsible for preliminary site plans, evaluating infrastructure, site development costs, and directing the entitlement process for new developments, including General Plan amendments, zone changes, subdivision and CEQA compliance, Elizabeth has functioned as a project -level community liaison responsible for public outreach, public relations, and public hearings.
RELEVANT EXI ERUEN E
• AT Dublin, Specific Plan and Entitlements, Dublin, CA — Project Manager • The Dunes, Specific Plan and Entitlements, Marina, CA — Project Manager • Eden Shores Industrial Park, Specific Plan Amendment, Hayward, CA — Project Manager • City of Seaside, Campus Town Project Management Services, Seaside, CA — Project Manager • City of Fremont, Fremont and Capitol Mixed -Use, Re -Entitlements, Fremont, CA — Project Manager • Hitachi Apartments, Entitlements for 600 -Unit Apartment Development, San Jose, CA — Project Manager
• Capehart Residential, Entitlement Processing, Novato, CA — Project Manager • Hamilton Affordable Housing Program, Novato, CA — Project Manager • Randall Industrial, Entitlement for 140,000 SF Industrial, Huntington Beach, CA — Project Manager • City of Irvine, General Plan and Circulation Element Update, Irvine, CA — Project Manager • City of Irvine, Trail Master Plan Update, Irvine, CA — Project Manager • Tustin Legacy, Specific Plan, Design Guidelines and Entitlements, Tustin, CA — Project Manager • Vantis Mixed -Use, Specific Plan and Entitlements, Aliso Viejo, CA — Project Manager • ILARA Apartments, Entitlements for 200 -unit Apartment Development, Milpitas, CA — Project Manager
• Mercado Mixed -Use Redevelopment, Entitlements, San Diego, CA — Project Manager • City of Carlsbad, City -Wide Traffic Mitigation Plan, Carlsbad, CA — Project Manager 7TPS960022024
Exhibit 2
333
Kimley>»Horn 14
PROPOSAL FOR
The 33,c,.A1 Gardens
• . , 11.4 . Ji Lin
Education
• Bachelor of Science, Urban
and Regional Planning,
California State Polytechnic
University, Pomona
• Society of College and
University Planners
Professional Credentials
• American Institute of
Certified Planners, No.
136746
• American Planning
Association (APA), Member
Dave B rquist, AICP
Dave has more than 25 years of public -and private -sector planning experience including extensive work in urban design, comprehensive planning, policy analysis and development, environmental analysis, local government policy, downtown revitalization planning, parks and recreation planning, sustainability, and land use analysis. He excels in utilizing community engagement and public outreach programs to guide public policy development.
Dave has led hundreds of public meetings and is well -versed in finding locally specific techniques and tools to engage the community in the planning process. As an expert in crafting local government policy, Dave brings a multi -disciplinary approach to meeting the needs of complex planning programs, including Specific Plans, General Plans, zoning codes, Housing Elements, and Development Code updates.
RELEVANT EX ERIEN E
• Rancho Los Amigos, South Campus TOD Specific Plan, Downey, CA — Project Manager • EI Monte Transit Village Specific Plan, EI Monte, CA — Project Manager • Downtown/Old Town Indio Specific Plan Update, Indio, CA — Project Manager • Yorba Linda General Plan Update and Community Outreach and Parks and Recreation Master Plan, Yorba Linda, CA — Project Manager
• Whittier Boulevard Specific Plan Moratorium Analysis and Amendment, Whittier, CA — Project Manager
• San Jacinto Downtown Specific Plan, San Jacinto, CA— Project Manager • Route 66 Corridor Specific Plan and Community Outreach, Glendora, CA — Project Planner • Imperial Highway Corridor Specific Plan and Community Outreach, La Mirada, CA — Project Manager
• Paseo San Gorgonio Specific Plan - SCAG Compass Blueprint Demonstration Project, Banning, CA — Project Manager
• CenterLine Urban Transit Corridor and Community Outreach and Transit -Supportive Development Guidelines, Orange County, CA — Project Planner
• Citywide Design Guidelines, Santa Ana, CA — Project Manager • University District Specific Plan, San Marcos, CA — Principal -in -Charge 7TPS960022024
Exhibit 2
334
Kimley>»Horn
15 PROPOSAL FOR
The Be11 Gardens Transit -Oriented Community Specific Plan and Zoning Code Update Education
• Master of Science, Urban
Spatial Analytics, University
of Pennsylvania
• Bachelor of Arts, Geography,
Carleton University,
Ottawa, Ontario
• Certificate of Geographic
Information Systems,
Algonquin College,
Ottawa, Ontario
Professional Credentials
• American Institute of
Certified Planners, #026552
• Geographic Information
Systems Professional,
#59317
• Road Safety Professional
1,#279
• Road Safety Professional
2B, #17
Darryl DeP offer, AICP, GISP, RSP2R
Darryl has been leading transportation safety projects for over 16 years, including over 40 recent SSARs, LRSPs, and RSAs. He has developed a number of tools to root out the spatial relationships between collision events to determine the factors and conditions that increase the probability of vehicle crashes, His experience ranges from establishing safety policy language to network screening, crash site engineering reviews, and developing countermeasure toolboxes. Darryl also conducts statistical analyses of crash activity using methods presented in the Highway Safety Manual, the Local Roadway Safety Manual, and customized analyses for unusual locations or conditions. He has worked on studies at the statewide, regional, local, and site -specific levels that incorporate all of the four Es of safety (engineering, education, enforcement, and emergency services), Hs work products include guidance documents, local roadway safety plans, safety thresholds, safety audits, and local countermeasure recommendations.
RELEVANT EX ERIEN E
• City of Bakersfield, Active Transportation Plan, Bakersfield, CA — Project Manager • City of Menifee, LRSP, Menifee, CA — Project Manager
• City of Palm Desert, LRSP, Palm Desert, CA — Project Planner • City of Fort Worth, Vision Zero Safety Plan, Fort Worth, TX — Project Planner • City of Los Angeles, Vision Zero Program Independent Evaluation, Los Angeles, CA — Project Planner
• City of Palmdale, Palmdale Sustainable Transportation Plan, Palmdale, CA — Project Manager and Task Lead
• Caltrans, 2020 - 2024 Strategic Highway Safety Plan, Statewide, CA — Project Planner • Caltrans, Vulnerable Road User Safety Assessment, Statewide, CA — Project Manager • Caltrans, Local Development Safety Review Guidelines, Statewide, CA — Project Manager • Caltrans, CMAS Safety Performance Management Target Setting Analysis, CA — Project Planner • City of Indian Wells, Safety Action Plan, Indian Wells, CA — Project Manager • City of Desert Hot Springs, LRSP Desert Hot Springs, CA — Project Manager • Imperial County, LRSP, Imperial County, CA — Project Manager • City of Ventura, SAR, Ventura, CA — Project Manager
7TPS960022024
Exhibit 2
335
Kimley>»Horn
16 PROPOSAL FOR
The Be11 Gardens Transit -Oriented Community Specific Plan and Zoning Code Update Education
• Doctor of Philosophy,
City and Regional
Planning, University of
California, Berkeley
• Master of Regional Planning,
City and Regional Planning,
Cornell University
• Bachelor of Science,
Community and Regional
Development, University of
California, Davis
'a V'illalobos
Monica's unique experience includes work at the intersection of transportation -oriented community planning, land use, environmental justice, and award -winning community engagement strategies. With 20 years of experience, she has a proven record as a technical expert and public engagement strategist on a variety of large-scale multidisciplinary transportation planning and policy projects. She has led transportation planning, outreach, and equity projects for San Diego Association of Governments (SANDAG), LA Metro, SCAG, and multiple cities. She led the SR 78 and SR 76 CMCP and Flexible Fleets Plan and is leading outreach efforts for several other SANDAG transportation projects, including the Zero -Emission Vehicle Incentive Program, Transit Subsidy Impact Study, and Next Operating System (OS) Business Plan. She has worked closely with key decision makers, community groups, stakeholders, elected officials, and the public.
RELEVANT EX I' ERIEN E
•
•
•
•
•
•
•
•
•
•
•
LA Metro, Eastside Transit Corridor Phase 2, Los Angeles, CA* — First/Last Mile (FLM) Lead LA Metro, C Line Extension to Torrance, Los Angeles, CA* — FLM Lead LA Metro, K Line Northern Extension, Los Angeles, CA* — TOD, TOC, FLM Lead LA Metro, Vermont Transit Corridor, Los Angeles, CA* — Equity Lead City of Palmdale, Palmdale Sustainable Transportation Plan, Palmdale, CA* — Equity Lead City of Indian Wells, Comprehensive Traffic Safety Action Plan, Indian Wells, CA* — Equity Lead SCAG, Sustainable Communities Strategies Outreach, Southern California — Strategic Outreach Advisor
SANDAG, SR 78 CMCP, Southern CA* — Project Lead
SANDAG, SR 67 CMCP, Southern CA* — Project Lead
SANDAG, Flexible Fleets Plan, Southern CA* — Project Lead SANDAG, Zero -Emission Vehicle Incentive Plan, Southern CA* — Project Lead *Prior to joining Kimley-Horn
7TPS960022024
Exhibit 2
336
Kimley>»Horn
17 PROPOSAL FOR
The Be11 Gardens Transit -Oriented Community Specific Plan and Zoning Code Update Education
• Master of Arts, Urban and
Regional Planning, University
of California, Irvine
• Post -Graduate
Certificate, Marketing and
Communications, University
of California, Irvine
• Bachelor of Arts, Geography,
University of British
Columbia, Vancouver
Jessie Barkley
Jessie is an environmental planner with over 20 years of experience. She is a skilled CEQA and NEPA practitioner that has led and contributed to numerous projects for a variety of project types, including mixed -use, entertainment, redevelopment, infrastructure, commercial, energy, and long-range community plans. Jessie's responsibilities include directing project teams; preparing and managing project work plans, scopes, schedules, and budgets; conducting senior -level review of draft work products; interfacing with clients, subconsultants, and agency staff; and marketing services among existing and prospective clients. Throughout her career, Jessie has supported a wide array of complex environmental documents (Program EIRs, Project EIRs, EIR Addendums, Supplemental EIRs, Sustainable Community Environmental Assessments, and Mitigated Negative Declarations) for all project types including Specific Plans, General Plans, Area Plans, and project level mixed -use and TOD.
RELEVANT EX I' ERIEN E
• Soledad Canyon MND, Santa Clarita, CA* — Project Manager • Metrowalk Sustainable Community Environmental Assessment (SCEA), Santa Clarita, CA* — Project Manager
• City of Glendale, 1420 Valley View EIR, Glendale, CA* — Project Manager • Crown Group, 1111 S. Hill Street Sustainable Community Environmental Assessment, Los Angeles, CA — Project Manager
• Essex Properties, Sunset Boulevard Project EIR, Los Angeles, CA* — Project Manager • Los Angeles World Airport, West Maintenance Airfield Area Project EIR, Los Angeles, CA* — Project Manager
• 2020 Los Angeles River Master Plan Program EIR, Los Angeles, CA* — Task Lead • Long Beach Port Master Plan EIR, Long Beach, CA* — Project Manager • City of Riverside, General Plan EIR, Riverside, CA* — Project Director • Los Angeles Bureau of Engineering, Environmental Reviews for Bridge Housing Homeless Services Projects, Los Angeles, CA* — Project Manager
• DJM Capital, Bella Terra Mall Redevelopment, Huntington Beach, CA — Project Manager *Prior to joining Kimley-Horn
7TPS960022024
Exhibit 2
337
Kimley>»Horn
18 PROPOSAL FOR
The Be11 Gardens Transit -Oriented Community Specific Plan and Zoning Code Update Alyssa Phlaneuf, RE.
Education
• Master of Science, Civil
Engineering, Georgia
Institute of Technology
• Master of City and
Regional Planning, Georgia
Institute of Technology
• Bachelor of Science, Civil
and Engineering, University
of California, Berkeley
Professional Credentials
• Professional Engineer in
California, #63123
Alyssa has over 25 years of experience in the transportation industry. She has helped engage stakeholders on complex issues ranging from tolling and equity conversations to multi -agency system operations on the San Francisco -Oakland Bay Bridge, She has a strong technical background and uses her planner and engineering training to explain complex engineering challenges in a non -technical way. She has used this skill to write successful grant applications for her clients for funding for a variety of different projects, including HOV lanes, transit improvements, and transportation technology projects. She has won hundreds of millions of dollars in Senate Bill 1 (SB1) funding, Rebuilding American Infrastructure with Sustainability and Equity (RAISE) grants, Infrastructure for Rebuilding America (INFRA) funding, Transportation Investment Generating Economic Recovery (TIGER) funds, Corridor Mobility Improvement Account (CMIA), Proposition 1B, and Metro Call for Projects, among others. She understands that the key to a successful grant application is a story backed by data -driven analysis.
Alyssa has the unique ability to translate stakeholder needs into transportation solutions.
RELEVANT EX I' ERIEN E
• San Diego Association of Governments (SANDAG), Advancing Connectivity and the Economy through Technology in the San Diego Region, Advanced Transportation and Congestion management Technologies Deployment (ATCMTD) Grant, San Diego, CA — Project Manager • Caltrain, Operations Communications Plan, San Carlos, CA — Task Lead • Bay Area ToII Authority (BATA) and Metropolitan Transportation Commission (MTC), Bay Bridges Metering Lights System Upgrade, Oakland, CA — Task Manager • Caltrans, I-5 Express Lanes (I-5 North Coast Corridor), San Diego, CA — Systems Engineer • SANDAG, Regional Transportation System Management and Operations (TSMO) Plan, San Diego, CA — Project Manager
• SANDAG, I-805 Direct Access Ramp Tolling Study, San Diego, CA — Project Engineer • LA Metro, I -10/I-110 Express Lanes - Roadside Toll Collection System (RTCS), Los Angeles, CA — Project Engineer
7TPS960022024
Exhibit 2
338
Kimley>»Horn
19 PROPOSAL FOR
The Be11 Gardens Transit -Oriented Community Specific Plan and Zoning Code Update Education
• Master of Science, Civil
Engineering, Louisiana
State University
• Bachelor of Science, Civil
Engineering, Kakatiya
University, India
Professional Credentials
Professional Civil Engineer
in California, #73629
Professional Traffic Engineer
in California, #2531
Cha ciravo hy, RE, T.E.
M11l,:. fa/,;,.7.71'7g
Sri has more than 20 years of traffic operations and transportation engineering experience. Since beginning his career with Los Angeles County prior to joining Kimley-Horn, Sri has participated in a wide variety of traffic signal synchronization, ITS, TIA's, operations projects, and on -call traffic engineering services. His project management experience includes traffic signal operations, traffic signal design, traffic impact studies, corridor planning, signal justification studies, site specific traffic circulation and safety studies. His key areas of expertise include traffic signal timing, signal design, ITS, transportation modeling, grant applications, and statistical analysis.
RELEVANT EX I' ERIEN E
• City of Culver City, Ivy Station TOD, Culver City, CA — Project Manager • Trammell Crow Company, North Hollywood Station, North Hollywood, CA — Project Engineer • City of Whittier, Whittier Boulevard Specific Plan, Whittier, CA — Project Engineer • City of Downey, Paramount Boulevard Fiber Optic Communication System, Downey, CA — Project Manager
• City of Downey, Imperial Highway Fiber Optic Communication System, Downey, CA — Project Engineer
• City of Los Angeles, Griffith Park Safety and Mobility Active Transportation Project, Los Angeles, CA — Principal -in -Charge
• City of Malibu, PCH Mobility Improvements at Various Locations, Malibu, CA — Principal -in -Charge • City of Malibu, Civic Center Way Roadway Improvements, Malibu, CA — Principal -in -Charge • City of Santa Monica, Ocean Park Boulevard Complete Green Street Project, Santa Monica, CA — Traffic Engineering Lead
• City of Santa Monica, Bicknell Avenue Green Street Complete Street, Santa Monica, CA — Traffic Engineering Lead
• City of Lancaster, Lancaster Health District Complete Streets Study, Lancaster, CA — Project Manager
• City of Thousand Oaks, Rancho Road Sidewalks and Bike Lanes Improvement Project, Thousand Oaks, CA — Project Engineer
• City of Calabasas, Mulholland Highway Scenic Corridor, Calabasas, CA —Traffic Engineer • City of Culver City, Culver Boulevard Realignment and Stormwater Management Study, Culver City, CA — Project Engineer
• City of Agoura Hills, Areawide School Traffic Study, Agoura Hills, CA — Project Manager • City of Moorpark, Los Angeles Avenue Traffic Operations Study, Moorpark, CA — Project Manager • LA Metro, North Hollywood to Pasadena BRT Planning and Environmental Study, Los Angeles to Pasadena, CA — Project Engineer
• LA Metro, SR 138 Corridor Improvement Project PA&ED, Los Angeles, CA — Traffic Operations Lead 7TPS960022024
Exhibit 2
339
Kimley>» Horn
20 PROPOSAL FOR
The Be11 Gardens Transit -Oriented Community Specific Plan and Zoning Code Update Tatiana Luuindstroir, RE,
Education
• Bachelor of Science,
Civil Engineering,
Clemson University
• Bachelor of Arts,
Modern Languages,
Clemson University
Professional Credentials
• Professional Engineer in
California, #95416
Tatiana has more than five years of experience on a variety of transportation projects from the perspective of both design and outreach. As an outreach coordinator, she has led school walk audits, safe school outreach, project workshops with the public, canvassing at community events, and scheduling, planning, and coordination for Active Transportation Plans (ATP) and Transportation Safety Action Plans. Tatiana's excellent written and verbal communication skills —combined with her ambition and passion for the industry as well as her drive to develop creative solutions —have allowed her to produce numerous quality products in a timely manner.
RELEVANT EX Ir' ERIEN E
• Caltrans, California Strategic Highway Safety Plan (SHSP) Update and Implementation, Statewide, CA — Analyst
• City of San Marcos, ATP, San Marcos, CA — Analyst
• Jamul Indian Village, SR 94 Improvements - NEPA, EIR, PA/ED, and PS&E, Jamul, CA — Analyst • Caltrans, I-5 North Coast - PA&ED, PS&E, San Diego, CA — Analyst • Caltrans, Staff Augmentation I-5 HOV Extension PS&E, and San Elijo Lagoon Bridge, San Diego, CA — Analyst
• SANDAG, Orange Bikeway Final Design, San Diego, CA — Analyst 7TPS960022024
Exhibit 2
340
Kimley>»Horn
21 PROPOSAL FOR
The Be11 Gardens Transit -Oriented Community Specific Plan and Zoning Code Update Education
• Master of Urban and
Regional Planning,
University of Minnesota
• Bachelor of Arts, Geography
and History, Gustavus
Adolphus College
Professional Credentials
• American Institute of
Certified Planners, #027891
Matt Fl a, AICP
Matt is a planner with a broad range of experience in public involvement, mobility planning, and GIS analysis and has 12 years of experience. After starting his career working for Metro Transit's (MN) Bus and Rail Operations department, Matt took a position with Kimley-Horn to dedicate 100% of his time to transportation planning projects. While at Kimley-Horn, Matt has been focused on improving public policy decision -making through spatial analytics, multidisciplinary integration, and implementable solution development. Matt served as the deputy project manager for SANDAG for the Mid -Coast Mobility Hubs Implementation Plan and has led a variety of Mobility Hub related projects.
RELEVANT EX I' ERIEN E
• SANDAG, Mid -Coast Corridor Mobility Hub Implementation Strategy, San Diego, CA — Deputy Project Manager
• CCTA, Shared Mobility Hubs, Contra Costa County, CA — Project Planner • SANDAG, Flexible Fleets Implementation Strategic Plan, San Diego, CA — Task Manager • SANDAG, North County (SR 78) CMCP, San Diego, CA — Deputy Project Manager • SANDAG, San Diego and Western Riverside Counties Regional Park and Ride Strategy, San Diego/ Western Riverside, CA — Project Manager
• City of Carlsbad, Trolley Program Feasibility Study, Carlsbad, CA — Project Manager • City of San Diego, Balboa Avenue Transit Station Specific Plan, San Diego, CA — Project Planner • City of Carlsbad, Village, Barrio, and Beach Area Parking Management Plan, Carlsbad, CA — Project Planner
• VTA, Tamien Station TOD and Parking Study, San Jose, CA — Project Planner • City of Carlsbad, Transit and Travel Demand Management Baseline Assessment, Carlsbad, CA — Project Manager
• SANDAG, San Diego Regional Military Multimodal Access Strategy, San Diego, CA — Project Planner • City of San Diego, University City Mobility Element, San Diego, CA — Project Planner • City of San Diego, Mira Mesa Mobility Element, San Diego, CA — Project Planner • Bay Area Rapid Transit (BART), Silicon Valley (BSV) Phase II, San Jose, CA — Project Planner 7TPS960022024
Exhibit 2
341
Kimley>»Horn
22 PROPOSAL FOR
The Be11 Gardens Transit -Oriented Community Specific Plan and Zoning Code Update Education
• Master, Planning, University
of Southern California
• Bachelor of Arts, Geography,
University of Miami,
Coral Gables, FL
Professional Credentials
• American Institute of
Certified Planners, #34817
Tyler Lindberg, AICP
Tyler is a transportation analyst with 10 years of experience in both transportation planning and engineering. He has worked on projects directing tasks such as research and data collection, geospatial analysis, assessment of transportation operations and safety conditions, identifying targeted solutions to improve pedestrian and bicycle safety, and traffic calming. Tyler has experience dissecting municipal plans and policies on a wide range of transportation topics and has provided support for grant applications. He also has extensive experience conducting traffic impact analyses, corridor analyses, traffic signal synchronization, and in traffic management centers. He is proficient in utilizing GIS technologies, with big data resources including Streetlight and Replica, in traffic analysis software such as Synchro and TransCAD, and in real-time traffic monitoring and control software such as Maxview and Transparity.
RELEVANT EX
ERIEN E
City of Lancaster, Safe Routes to School (SR2S) Master Plan Refresh, Lancaster, CA — Analyst, Task Manager
• City of Lancaster, LRSP, Lancaster, CA — Analyst
• City of Lancaster, RAISE Grant, Lancaster, CA — Analyst • City of Bakersfield, Neighborhood Traffic Calming Program (NTCP), Bakersfield, CA — Analyst, Task Manager
• City of Bakersfield, ATP, Bakersfield, CA —Analyst, Task Manager • City of Bakersfield, Niles -Monterey Complete Streets RAISE Grant, Bakersfield, CA — Analyst • City of Palmdale, Sustainable Transportation Plan, Palmdale, CA — Analyst • Orange County Transportation Authority (OCTA), Santa Ana Transit Cooperative Study, Santa Ana, CA — Analyst
7TPS960022024
Exhibit 2
342
Kimley>» Horn
23 PROPOSAL FOR
The Be11 Gardens Transit -Oriented Community Specific Plan and Zoning Code Update Xiaofau Li, AICP, LEED AP
With more than 17 years of comprehensive planning experience in private sectors, Xiaofan has proven her excellence in land use planning and senior management roles. She has successfully prepared regulatory documents and entitlement packages for a wide range of projects, from small in -fill developments to large- scale, master -planned communities. As a senior project manager, her expertise lies in effectively organizing and coordinating detailed documentation while skillfully managing the production team. Xiaofan's strong client communication and adeptness in interfacing with local governments and officials make her a valuable asset in delivering successful planning outcomes.
RELEVANT EX I' ERIEN E
Education • Alberhill Business Park PDP, Lake Elsinore, CA — Planner • Master of Urban • Alberhill Villages Specific Plan, Lake Elsinore, CA — Planner Planning, University of • Curtis and Atawba PUD Design Guidelines, Fontana, CA — Planner Southern California
• Bachelor of Civil • Sierra Crest PUD Design Guidelines, Fontana, CA — Planner Engineering, • The Monroe Specific Plan, Monrovia, CA — Project Manager YanShan University
• Heritage Park Design Guidelines, Moreno Valley, CA — Project Manager • Parkway Village Specific Plan, Lancaster, CA — Project Manager • Thousand Oaks Ranch Specific Plan, Thousand Oaks, CA — Project Manager Professional Credentials • The Oaks Specific Plan, Thousand Oaks, CA — Project Manager • LEED • Starlite Specific Plan, El Monte, CA — Project Manager Accredited Professional • Leal Master Plan, Eastvale, CA — Project Manager • American Institute
of Certified Planners • Arantine Hills Specific Plan, Corona, CA — Project Manager (AICP), Member • Rancho San Gorgonio Specific Plan, Banning, CA — Project Manager • La Entrada Specific Plan, Coachella, CA — Project Manager • Downtown Commercial Core Plan, Tustin, CA — Project Manager • Brea 265 Specific Plan, Brea, CA — Project Manager
• Monarch Beach Resort Estates, Dana Point, CA — Project Manager • Melrose Heights, Carlsbad, CA — Project Manager
• Nixon Presidential Library Master Plan, Yorba Linda, CA — Project Manager • City of West Covina, Code Updates, West Covina, CA — Project Manager • ChengDu RenShou Master Plan, Chengdu, China — Project Manager 7TPS960022024
Exhibit 2
343
Kimley>»Horn
24 PROPOSAL FOR
The Be11 Gardens Transit -Oriented Community Specific Plan and Zoning Code Update Education
• Master, Urban and
Regional Planning,
California State Polytechnic
University, Pomona
• Bachelor of Arts,
Environmental
Studies, University of
California, Santa Barbara
Bryant Be La Torre
1 w,t /1,;,
Bryant is a land planning analyst with 3 years of public -and private sector planning experience including extensive work in comprehensive planning, policy analysis and development, local government policy, and land use analysis. He brings a multi -disciplinary approach to meeting the needs of complex planning programs, including Specific Plans, General Plans, Zoning Codes, Housing Elements, and Development Code updates.
Bryant excels in utilizing community engagement and public outreach programs to guide public policy development. Bryant has led public meetings and is well -versed in finding locally specific techniques and tools to engage the community in the planning process with experience in preparing and conducting a variety of community engagement efforts specific to a community's needs, including public hearings, workshops, stakeholder meetings, surveys, and outreach and advertising. Bryant has experience in coordinating with state and local agencies and community organizations for compliance with state requirements while also addressing the specific needs of the community.
RELEVANT EX ERIEN E
• City of Brea, Inclusionary Housing Ordinance Update, Brea, CA — Task Manager • City of Pico Rivera, Washington and Rosemead Boulevards Transit -Oriented Development Specific Plan, Pico Rivera, CA — Task Manager
• City of Fontana, Walnut Village Specific Plan, Fontana, CA — Planning Analyst • City of Arcadia, Rezones and Code Amendments Implementation Program - 6th Cycle Housing Element Update, Arcadia, CA — Task Manager
• City of Calexico, 6th Cycle Housing Element Update, Calexico, CA — Project Manager • City of Placentia, 6th Cycle Housing Element Update, Placentia, CA — Project Manager • County of San Benito, 6th Cycle Housing Element Update, San Benito County, CA — Task Manager • City of Anaheim, 6th Cycle Housing Element Update, Anaheim, CA — Task Manager • City of Calimesa, 6th Cycle Housing Element Update, Calimesa, CA — Task Manager • City of Fillmore, 6th Cycle Housing Element Update, Fillmore, CA — Task Manager • City of Murrieta, 6th Cycle Housing Element Update, Murrieta, CA — Task Manager • City of Hemet, 6th Cycle Housing Element Update, Hemet, CA — Task Manager • City of Pico Rivera, 6th Cycle Housing Element Update, Pico Rivera, CA — Task Manager • City of Santa Cruz, 6th Cycle Housing Element Update, Santa Cruz, CA — Planning Analyst • City of Scotts Valley, 6th Cycle Housing Element Update, Scotts Valley, CA — Planning Analyst • City of Villa Park, 6th Cycle Housing Element Update, Villa Park, CA — Planning Analyst • City of Dublin, 6th Cycle Housing Element Update, Dublin, CA — Planning Analyst • City of Huntington Beach, 6th Cycle Housing Element Update, Huntington Beach, CA — Planning Analyst
• City of Newport Beach, 6111 Cycle Housing Element Update, Newport Beach, CA — Planning Analyst • City of Brentwood, 6th Cycle Housing Element Update, Brentwood, CA — Planning Analyst 7TPS960022024
Exhibit 2
344
Kimley>»Horn
25 PROPOSAL FOR
The Be11 Gardens Transit -Oriented Community Specific Plan and Zoning Code Update Education
• Master of Urban
Planning, University of
Southern California
• Bachelor of Arts,
urban Studies and
Planning, University of
California, San Diego
Professional Credentials
• LEED Green
Associate, 11404201
Mayra Garcia
Mayra brings two years of experience in environmental planning. She has prepared technical studies with an emphasis on air quality, greenhouse gas emissions, and noise and environmental documentation pursuant to CEQA. She has worked on a diverse set of project types, including transportation projects, affordable housing projects, large scale residential housing, and industrial solar projects. She has assisted in preparing a range of CEQA documentation, ranging from Categorical Exemptions to IS/MNDs and EIRs.
RELEVANT EX I' ERIEN E
• Baranof Holdings, 956 Seward Project CE, Los Angeles, CA — Analyst • Bardas Investment Group, Las Palmas IS/MND, Los Angeles, CA — Analyst • Icon & Ikon, Inc., Madison Residences CE, Culver City, CA —Analyst • LeSar Development Consultants, Palmdale Housing Opportunity Project IS/MND, Palmdale, CA — Analyst
• CIM Group Acquisition, LLC, 10510 Culver Boulevard Project CE, Culver City, CA — Analyst • City of Beverly Hills, 227 S. Tower Street CE, Beverly Hills, CA — Analyst • City of Commerce, Mixmaster Project, Commerce, CA — Analyst • City of Long Beach, 5910 Cherry Avenue Industrial Project EIR, Long Beach, CA —Analyst • City of Long Beach, 5150 Pacific Coast Highway Initial Study, Long Beach, CA — Analyst • City of San Gabriel, Rubio Village IS/MND, San Gabriel, CA — Analyst • City of Temple City, Pacific Las Tunas Mixed -Use Project CE, Temple City, CA — Analyst • Lindblade Media Center Owner, LLC, 8960 Washington Boulevard Project CE, Culver City, CA — Analyst
• LA Metro, Confidential EIR, Los Angeles, CA — Analyst • Pacific Plaza Premier Development Group, Monterey Park Mixed Use Project IS/MND, Monterey Park, CA — Analyst
• Riverside CSG, 1 LLC, Riverside CSG Solar Project IS/MND, Riverside County, CA — Analyst • Terra -Gen, Desert Breeze Solar Project EIR, San Bernardino County, CA — Analyst • Wilsona CSG, 1 LLC, Wilsona CSG Solar Project IS/MND, Los Angeles County, CA — Analyst 7TPS960022024
Exhibit 2
345
Kimley>»Horn
26 PROPOSAL FOR
The Be11 Gardens Transit -Oriented Community Specific Plan and Zoning Code Update
4. Minimum Qualifications, Prior Related Experience and Summary of Experience with Similar Kinds of Work
Kimley-Horn maintains an experienced team with proven experience in General Plan, Specific Plan, Development Code, zoning codes, comprehensive planning, Housing Element Update Preparation, environmental analysis, technical studies, permitting, and public outreach for public and private policy programs and development projects, including single- and multi -family residential, commercial, retail, and institutional developments, in California and nationwide.
The Kimley-Horn team provides a full range of in-house services, including:
Planning
Environmental
I Design
General Plans and Specific
Plans
Development Code
Community Engagement
Mobility Planning
Housing Elements
Entitlement Processing
Zoning Codes
Feasibility Studies
Discretionary Case Processing
Staff Support Services
California Environmental Quality Act (CEQA) including
Initial Studies, Environmental Impact Reports, Addenda
National Environmental Policy Act (NEPA) including
Categorical Exclusions
Exclusions, Environmental Assessments, and
Environmental Impact Statements
Traffic and Parking Impact Analyses
Hazardous Materials Assessment and Initial Site
Assessment (ISA)
Hydrology and Hydraulics
Water Quality Management Plans
Preliminary Environmental Assessment Report (PEAR)
Preliminary Environmental Study (PES)
Geographic Information Systems (GIS)
Agency Permit Processing
Visual Impact and Shade/Shadow Analyses
Mitigation Monitoring and Reporting Programs (MMRP)
Traffic/Transportation
Planning and Design
Urban Design
Landscape Architecture
Visual Simulations
Master Planning and Entitlements
Community Infrastructure and Utilities
Planning Services
.........................................................................................................................................................................................................................................................................................................................................................................................................................................................................................
The Kimley-Horn planning team consists of seasoned professionals in the preparation of Housing Elements, General Plans, development regulations and zoning codes, design guidelines, and master plans for various public clients on projects involving a variety of municipal issues. Our staff is actively involved in all aspects of projects for our clients, including public participation, community visioning, regulatory and policy planning, entitlements, Specific Plans, land use scenario planning, implementation strategies, cultural and natural resources, and intergovernmental coordination. Our team is experienced in providing multi -agency project facilitation and working with community groups, special interests, and local decision -makers to successfully lead projects through the approval process. In addition, our team has positive ongoing relationships with state agency staff, including the Department of Housing and Community Development.
General Plans and Specific Plans
Our team of planning professionals understands the interrelated nature of development policy and employs a "360 -degree" view of planning. We incorporate this holistic approach in our projects, and create plans, programs, and processes that are effective tools for guiding future growth and change. Our team has developed General Plan policies for numerous jurisdictions throughout California and is well -versed in the new legislative requirements, including AB 1358, the Complete Streets Act, AB 32, and Land SB 375. Kimley-Horn also has extensive experience in the development of Specific Plans, primarily focused on existing urbanized environments. Our plans provide for customized development, design guidance, development standards, and entitlement procedures. Additionally, our experience includes the development of public improvements, such as streetscape/urban design, infrastructure, appropriate parking facilities, and other community amenities. 7TPS960022024
Exhibit 2 346
Kimley>»Horn
27 PROPOSAL FOR
The Bell Gardens Transit -Oriented Community Specific Plan and Zoning Code Update Our team has developed Specific Plan land use programs, policies, and implementation programs for numerous jurisdictions and developers throughout California. Our planning staff has a wide range of experience with comprehensive plans, land development controls and design standards, and master planning for various public clients involving far-reaching municipal issues. Our knowledge of critical planning elements, such as regulatory and policy planning, entitlements, comprehensive plans, land use scenario planning, implementation strategies, environmental review, and intergovernmental coordination, helps us provide truly comprehensive planning services for our clients. Kimley-Horn's staff has developed numerous Specific Plans, General Plans, community and neighborhood plans, zoning ordinances, subdivision regulations, overlay districts, and planned unit development agreements. Our personnel have even worked as an extension of staff for numerous municipal agencies to support every aspect of Specific Plan approval, from plan review for consistency with existing policies to preparation of entitlements and representation at public meetings and hearings. Kimley-Horn staff have experience in taking a lead role on major planning projects and guiding clients through all phases of the process.
Land Use Planning and Zoning
Kimley-Horn's long history of land planning encompasses planned communities, shopping centers, office complexes, in -fill development, and major mixed -use developments. As part of our pre -development services, we provide an analysis of each property for its highest and best use given current and future markets, investigate existing regulatory constraints, and explore alternative development concepts. Our land use regulatory specialists have also successfully updated zoning policy for multiple public agencies. Our team has authored comprehensive updates to zoning/development codes and provided tailored amendments, such as overlay zones, mixed -use development standards, affordable housing, and TOD.
Community Engagement
Kimley-Horn's planning staff has developed and implemented hundreds of community engagement processes throughout the country. We understand the dynamic nature of outreach and have used a variety of engagement techniques, including bilingual facilitation, web -based participation, visual preference surveys, community workshops, phone surveys, focus groups, and digital and print media. Kimley- Horn routinely prepares materials and facilitates public outreach programs, including community workshops and charrettes, public scoping meetings, public hearings, and briefings to elected officials, committees, and City staff. For some projects, workshops, meetings, and/or targeted outreach efforts may be appropriate to provide a forum for meaningful community input.
Environmental Assessment Services
Kimley-Horn provides a full range of environmental services for projects requiring CEQA review. Our environmental compliance managers have worked on numerous complex, multidisciplinary projects requiring technical expertise, creative solutions for design modifications or mitigation, public outreach, transparent communication, and a thorough understanding of local, state and federal regulations.
Kimley-Horn's environmental documents are supported by in-house professionals with expertise in civil engineering, land development, hydrology, water quality, water and wastewater, traffic analysis, transportation planning, aviation, landscape architecture, and GIS.
Kimley-Horn produces environmental documents that are sensitive to the public's concern for resource protection and community impacts as well as to the real -world issues associated with the cost and feasibility of implementing mitigation programs. Our team draws on years of experience with public works improvements to develop understandable documents and to assess project designs that minimize impacts to the natural environment and community. Whether our role is to prepare CEQA or NEPA documents and technical studies, or to peer -review this information, we understand the inherent complexities of processing projects through the environmental processes. On all environmental projects, we work extensively with our internal partners, agency staff, and clients to create the appropriate technical approach for the document and scope of related technical studies. Our staff has an excellent track record of preparing thorough CEQA documents that are capable of withstanding challenge.
Familiarity with Applicable State and Federal Regulations Kimley-Horn has extensive experience assisting local jurisdictions navigate through the increasingly complex process required by the CEPA, NEPA, and additional legislation such as SB 375 and AB 32. We assist with NEPA clearance, coordinating directly with Caltrans Local Assistance, and also in accordance with the Local Assistance Procedures Manual (LAPM). Effective environmental analysis does not just identify impacts, but also finds creative solutions to identify and resolve important environmental concerns. This critical part of the environmental and planning process is best integrated into the initial stages of project development. By encouraging involvement early in the project planning process, we can provide input to our clients that can avoid and reduce environmental effects and facilitate the environmental and entitlement process. Kimley-Horn is one of the few firms in California that offers services in both environmental review and comprehensive planning and design. Kimley-Horn's extensive experience and analytical and management approaches result in comprehensive, easily understood, and legally defensible documents.
7TPS960022024
Exhibit 2
347
KimleyoHorn s 28
PROPOSAL FOR
The Be11 Gardens Transit -Oriented Community Specific Plan and Zoning Code Update Project Experience and References
City of Bakersfield, Active Transportation Plan, Bakersfield, CA Kimley-Horn is working with the City of Bakersfield to develop a comprehensive ATP that will inform the City's Capital Improvement Program for the next 10 years. The plan will support development of a long-term vision for a citywide bicycle and pedestrian system, identify gaps in the current system, and prioritize improvements to enhance multimodal transportation opportunities and provide a more equitable transportation system. One activation that has taken place since implementing this plan was the Bakersfield Active Transportation Summit and Festival Spotlight, where Kimley-Horn was able to draw in a diverse crowd to provide information about the ATP as well as engage with local community organizations and stakeholders. Marketing material was provided in English, Spanish, and Punjabi.
Reference:
Ed Murphy, Civil Engineer III
City of Bakersfield
Active
Transportation
Ma Fgstiwal
satureay, wooer n V,
P: 661.326.3958
E: ernurphy@ba kersfieldcil .is
. Key Staff: Darryl DePencier, Tyler Lindberg, Tatiana Lundstrom, Adam Maleitzke d Time Period: May 2021 — Current
City of Pico Rivera, TOD Specific Plan for the Gold Line Eastside Extension at Washington and Rosemead Boulevards, Pico Rivera, CA
Kimley-Horn is preparing the Washington/Rosemead TOD Specific Plan in the City of Pico Rivera. The Specific Plan is in response to the LA METRO's Gold Line Extension, bringing urban light rail through the City. The Specific Plan seeks to enhance economic development and create additional opportunities for living, working, and shopping in a compact, mixed -use environment. The 375 -acre plan area provides for significant changes in urban density, mix of uses, and public improvements in to increase local mobility and enhance community design.
Reference:
Jazmin Faccuseh, Senior Analyst P: 562.801.4331
City of Pico Rivera E: [email protected]_
0,6 Key Staff: Dave Barquist, Adam Maleitzke, Matt Horton, Sri Chakravarthy 0 Time Period: August 2020 — Current
Riverside County Transportation Commission (RCTC), Transit -Oriented Communities Strategic Plan, Riverside County, CA*
Adam provided station area visioning and TOC strategies to promote transit -oriented development at eight station areas along the SR 91/ Riverside and Perris Valley transit corridors. The TOC plan addresses the Metrolink commuter line connecting communities in Riverside County to Los Angeles and Orange Counties for the RCTC. The study area includes eight stations along the SR 91/Perris Valley Lines, from Corona -West to Perris -South, connecting through downtown Riverside, The historically suburban development pattern along the line ranges from higher density, walkable streets to large, undeveloped properties along the eastern end of the line. The study will be guided by three advisory committees and a robust public engagement program, and will examine active transportation and smart mobility solutions, economic development strategies, and specific infrastructure investments that will remove barriers to implementing transit -oriented communities.
Reference:
Jay Eastman, AICP, Assistant Director
City of Tustin
Community Development
300 Centennial Way, Tustin, CA 92780
P: 714.573.3101
E:leastrnaig tustinca,orc�_
(Previously Principal Planner at City of Riverside)
"Project of Adam Maleitzke prior to joining Kimley-Horn 7TPS960022024
Exhibit 2
348
Kinnley>»Horn
29 PROPOSAL FOR
The Be11 Gardens Transit -Oriented Community Specific Plan and Zoning Code Update 016 Key Staff: Adam Maleitzke
d Time Period: September 2021 -November 2023
LA Metro, Southeast Transit Corridor LRT Stations in South Gate and Paramount, Paramount, CA Mr. Maleitzke was responsible for station area planning services for proposed LA Metro Southeast Transit Corridor light rail transit (LRT) stations in South Gate, Vernon, and Paramount, CA. The Station Area Plan provides guidance on how areas within 0.5 miles of the stations could be developed over time, complementing the future Southeast Gateway Transit Corridor. The plan preserves the existing urban fabric while promoting new economic growth by identifying pedestrian and bicycle improvements and community development opportunities for residents and businesses. Mr. Maleitzke and his team held an interactive workshop to explore active transportation and development opportunities, held pop-up events at community festivals, hosted a walking tour of the sites, and managed a robust online outreach presence to more directly engage residents. These efforts led to the creation of a conceptual vision plan to guide the station areas before and after LRT service commences. Following completion of the vision plan, Mr. Maleitzke's team was awarded a contract by the Southern California Association of Governments to prepare a TOC Specific Plan that will implement many of the strategies and ideas proposed in the vision plan.
Reference:
John King, AICP, Assistant Planning Director
City of Paramount
16400 Colorado Avenue, Paramount, CA 90723
P: 562.220.2049
E: jkir 4paramoi.ujtycity.corn
*Project of Adam Maleitzke prior to joining Kimley-Horn Fernando Valley with the San Gabriel Valley that encompasses the North Hollywood and Eagle Rock districts of Los Angeles along with the Cities of Burbank, Glendale, and Pasadena.
The effort led the project through alternatives analysis, CEQA environmental approval, and preliminary engineering, with the route including a combination of street -running and freeway -based alignments. The project, which is a key element of LA Metro's Twenty -Eight by '28 Vision in preparation for the 2028 Summer Olympics, will connect the LA Metro North Hollywood B (Red) Line (heavy rail) and G (Orange) Line (BRT) Station with the L (Gold) Line in Pasadena. The project is emphasizing LA Metro's emerging Transit Oriented Communities (TOC), First/Last Mile, and Sustainability initiatives, with more than 20 station options being selected based on a wide range of metrics, including Value Capture potential. The project provides a "showcase" of BRT prototypes applicable to a wide regime of urban roadways, ranging from narrow constrained minor arterials to major boulevards, and also provides complete street solutions integrating on -street bus lanes and BRT stations with vehicular traffic movements, bicycle facilities, sidewalks and the pedestrian realm, and active transportation projects.
41/4 Key Staff: Adam Maleitzke
C3, Time Period: June 2018- June 2019
LA Metro, North Hollywood to Pasadena BRT Planning and Environmental Study, Los Angeles County, CA Kimley-Horn was the prime consultant for an 18 -mile BRT project connecting the San 0— NoHo
11/4 Key Staff: Darryl DePencier
d Time Period: May 2018 - Current
LA Metro, Eastside Transit Corridor Phase 2, Las Angeles, CA Previously in Advanced Conceptual Engineering (ACE), VICUS (Monica's previous employer) served as the task lead for the development of the First/Last Mile (FLM) Plan for the Eastside Phase 2 Transit Corridor Project. To gather community input and feedback that will inform the development of FLM recommendations, Monica worked closely with the outreach lead to conduct extensive multilingual community engagement. Engagement activities included but were not limited to walk audits, community pop -ups, station tours, and surveys. * Key Staff: Monica Villalobos (Work done prior to joining Kimley-Horn) d Time Period: 2019 - 2024
7TPS960022024
Exhibit 2
349
Kimley>»Horn
30 PROPOSAL FOR
The Be11 Gardens Transit -Oriented Community Specific Plan and Zoning Code Update ,p
SCAG, Sustainable Communities Strategies Outreach, Southern California SCAG's Connect SoCal outreach program engaged the public and stakeholders throughout Southern California as part of the agency's RTP/ SCS update. Monica served as a strategic outreach advisor, supporting the development of the Connect SoCal outreach program for the six counties (Imperial, Los Angeles, Orange, Riverside, San Bernardino, and Ventura) and 191 cities within the SCAG region. Monica supported public engagement activities, provided strategic advice on engagement, and facilitated meetings throughout SCAG's six -county region. * Key Staff: Monica Villalobos (Work done prior to joining Kimley-Horn) C) Time Period: 2019 - 2019
LA Metro, Vermont Transit Corridor, Las Angeles, CA
The Vermont Transit Corridor project aims to explore the implementation of bus rapid transit to increase transit access and connectivity along Vermont Avenue between Hollywood Boulevard and 120th Street. Monica served as the task lead for equity data collection and the development of the Transit Oriented Communities Opportunities Report. She led the equity outreach process, in which the team conducted multilingual workshops to present preliminary equity data findings and gather community input and feedback to "ground -truth" such findings. • Key Staff: Monica Villalobos (Work done prior to joining Kimley-Horn) C) Time Period: 2023 - 2024
City of San Marcos, Active Transportation Plan, San Marcos, CA The City of San Marcos' ATP focuses on recommending specific pedestrian and bicycle -related projects, programs, and policies based on identified connectivity gaps, barriers, socio-economic factors, and user needs for residents and visitors in the City. The ATP identifies high - stress environments for active transportation users as well as key destinations in the surrounding areas to create a plan that values connected, safe, and reliable active transportation. The plan will supplement the City's General Plan Update and incorporate a Safe Routes to School element to improve pedestrian and bicycle connectivity and safety near schools. The project is in progress and is being completed on time and within budget on a 10 -month schedule.
* Key Staff: Tatiana Lundstrom, Matt Horton
C) Time Period: June 2022 - Current
City of Palmdale, Sustainable Transportation Plan, Palmdale, CA Kimley-Horn developed a Sustainable Transportation Plan for the City of Palmdale that is focused on improving roadway safety and reducing vehicle miles traveled (VMT) to help the City achieve its sustainability goals. The project included a robust review of historical traffic safety, identification of trends and patterns in traffic crashes, and development of a toolbox of safety improvements that the City can draw from to eliminate higher risk roadway conditions as resources allow. The study also included a review of existing travel patterns and trip lengths to determine which portions of the City generate the most VMT, and what methods and tools the City can use to make its development more sustainable. The study also included an assessment of equity to help the plan provide equitable benefits to all Palmdale residents.
Oak Key Staff: Darryl DePencier, Tyler Lindberg
C) Time Period: April 2022 — May 2024
Lewis Management Corporation, Gateway at Grande Terrace Specific Plan and Specific Plan EIR, Grand Terrace, CA
Kimley-Horn is currently preparing a Specific Plan and associated EIR for the Gateway at Grand Terrace Specific Plan. The Gateway at Grand Terrace Specific Plan, which would be adopted by resolution by the City of Grand Terrace, is designed as a mixed -use development consisting of 25 Planning Areas (PAs) and comprises 40 existing parcels totaling ±125 acres, located east of Interstate 215 (I-215) in the City. The Gateway at Grand Terrace Specific Plan also proposes three overlay districts to allow for more flexibility in uses in the future. These three overlay districts cover planning areas 14 and 15 (Residential Overlay), planning area 22 (Business Park), and planning areas 3, 19, and 25 (Public Facilities Overlay). The project would include residential, commercial, business park, and open space land uses. * Key Staff: Dave Barquist
C) Time Period: March 2019 - Current
7TPS960022024
Exhibit 2
350
Kimley>»Horn
31 PROPOSAL FOR The Be11 Gardens Transit -Oriented Community Specific Plan and Zoning Code Update City of BeII Gardens
Transit Oriented Community Specific Plan and Zoning Code Update Updated: 7.25.24
Kimley-Horn and Associates, Inc.
196.54% Overhead%
195.57% Overhead% w/o FCCM
10% Fee%
Task 1
Project Management Plan and Team Meetings
Category/Title
Direct Rate
Billing Rate
$109.02
9 $91.03
48 $77.44
$61.59
$50.64
$55.37
$41.30
20 77
20,141.77
1.1 Project Management Plan
1 8
20 29
5,423.84
1.2 Project Team Meetings
8 40
48 14,717.93
Task 2
Research & Analysis
State, Regional and Local Agency Plan/Policy Review
10 56
24 186
276
55,713.93
2.1 3
16 20
$ 3,888.22
2.2 Analysis of Existing Conditions Study
24 8
60 92
$ 18,639.18
2.3 Project Area -wide Origins -Destinations (Mobility), Intermodal Connectivity, and First/Last Mile Needs Analysis and Mapping 6 8
30 44
$ 8,341.89
2.4 Equity Study
Accidents and Safety Analysis and Mapping
8 3
30 41
$ 8,688.69
2.5 2.6
Needs Analysis
8 12
8 20
30 36
43 $ 7,284.22
8,871.73
Task 3
Public Engagement Plan
Stakeholder Engagement Plan
36 66
80 187
38,930.50
3.1 1
4 16
21 $ 4,756.39
3.2 Project Website, Social Media Interactive Town Hall, and Marketing/Publicity
2 20
24 46
8,691.14
3.3 Community Survey
Community Outreach Meetings, Open House Events, and Workshops (Varied In-person/Online)
8 16
24 $ 5,016.94
3.4 2
24 30
40 96
$ 20,466.04
Task 4
Policy Framework & Proposed Connectivity Projects
11 178
204
393
$ 90,436.87
4.1 4.2
Goals, Objectives, Policies, and Performance Measures
Best practices — Design Elements Toolbox
Zoning Code Update Program
Proposed Affordable Housing Program of Projects
1 20
24 20
30 41
55 $ 9,595.14
$ 12,433.88
4.3 4
30 30
64 $ 15,281.49
4.4 16
24 41
$ 9,068.30
4.5 Proposed Bicycle Program of Projects
Proposed Pedestrian Program of Projects
Proposed ADA Program of Projects
Safe Routes to Schools Program of Projects
24 30
55 $ 12,433.88
4.6 24
30 55
$ 12,433.88
4.7 20
20 41
$ 9,595.14
4.8 1
20 20
41 $ 9,595.14
Task 5
Prepare Planning Documents (Draft and Final Plan)
5 192 40
50 420
707
148,272.26
5.1 Project Prioritization
Funding Sources and Strategies
6 20
27 $ 5,439.30
5.2 6
20 27
5,439.30
5.3 Administrative Draft Bell Gardens -TOG Specific Plan and Zoning Code; Env. Scan, IS/MND
2 170 40
50 360
622
$ 130,766.98
5.4 Release Draft Transit -Oriented Communities Specific Plan and Zoning Code
2 4
6 $ 1,254.23
5.5 Finalize Transit -Oriented Communities Specific Plan and Zoning Code Adoption
8 16
25 5,372.45
Subtotal Labor:
$14,220.44
$151,391.51
$10,101.18
$28,118.04
$146,970.61
$2,693.56
Mileage
Printing/Presentation Boards
353,495.34
ct.'o
600.00
1,200.00
T(PS96002.2024
City of Bell Gardens
Exhibit 2
351
Kimley>>Horn 32
PROPOSAL FOR
The Be11 Gardens Transit -Oriented Community Specific Plan and Zoning Code Update Kimley-Horn has reviewed the City's Professional Services Agreement and would like to request the following modifications.
II. PERFORMANCE OF AGREEMENT
2.4 STANDARD OF CARE; PERFORMANCE OF EMPLOYEES: CONSULTANT represents, acknowledges and agrees to the following:
A. CONSULTANT will perform all Work skillfully, competently and o
he higfes
in accordance with standards of CONSULTANT's profession; The Parties acknowledge and agree that CONSULTANT will perform, at CONSULTANT's own cost and expense and without any reimbursement from CITY, any services necessary to correct any errors or omissions caused by CONSULTANT's failure to comply with the standard of care set forth under this Section or by any like failure on the part of CONSULTANT's employees, agents, contractors, subcontractors and subconsultants. Such effort by CONSULTANT to correct any errors or omissions will be commenced immediately upon their discovery by either Party and will be completed within seven (7) calendar days from the date of discovery or such other extended period of time authorized by the City Representative in writing and in their sole and absolute discretion. The Parties acknowledge and agree that CITY's acceptance of any work performed by CONSULTANT or on CONSULTANT's behalf will not constitute a release of any deficiency or delay in performance. The Parties further acknowledge, understand and agree that CITY has relied upon the foregoing representations of CONSULTANT, including but not limited to the representation that CONSULTANT possesses the skills, training, knowledge and experience necessary to perform the Work skillfully, competently and o tie h ghes in accordance with standards of CONSULTANT's profession.
III. INSURANCE
3.3 REQUIRED CARRIER RATING: All varieties of insurance required under this Agreement will be procured from insurers admitted or licensed in the State of California and authorized to issue policies directly to California insureds. [...].
3.4 PRIMACY OF CONSULTANT'S INSURANCE: All policies of insurance, except professional liability worker's compensation and employer's liability, provided by CONSULTANT will be primary to any coverage available to CITY or CITY's elected or appointed officials, officers, employees, agents or volunteers. Any insurance or self-insurance maintained by CITY or CITY's elected or appointed officials, officers, employees, agents or volunteers will be in excess of CONSULTANT's insurance and will not contribute with it.
IV. INDEMNIFICATION
4.1 The Parties agree that CITY and CITY's elected and appointed officials, officers, employees, agents and volunteers (hereinafter, the "City Indemnitees") should, to the fullest extent permitted by law, be pateeted-held harmless from any and all loss, injury, damage, claim, lawsuit, cost, expense, attorneys' fees, litigation costs, or any other cost arising out of or in any way related to the negligence of the CONSULTANT in its performance of this Agreement. Accordingly, the provisions of this indemnity provision are intended by the Parties to be interpreted and construed to provide the City Indemnitees with the fullest protection possible under the law. CONSULTANT acknowledges that CITY would not enter into this Agreement in the absence of CONSULTANT's commitment to indemnify, and defend aref protest CITY as set forth herein. [...].
4.2 To the fullest extent permitted by law, CONSULTANT shall indemnify, hold harmless and defend the City Indemnitees from and against all liability, loss, damage, expense, cost (including without limitation reasonable attorneys' fees, expert fees and all other costs, and fees of litigation) of every nature to the extent arising out of or in connection with CONSULTANT's negligence in the performance of work hereunder or its failure to comply with any of its obligations contained in this Agreement, except such loss or damage which is caused by the sole negligence or willful misconduct of the CITY.
4.5 CONSULTANT agrees to obtain executed indemnity agreements with provisions identical to those set forth herein this Article from each and every subcontractor or any other person or entity involved by, for, with or on behalf of CONSULTANT in the performance of this Agreement. In the event CONSULTANT fails to obtain such indemnity obligations from others as required herein, CONSULTANT agrees to be fully responsible and indemnify, hold harmless and defend CITY and CITY's elected and appointed officials, officers, employees, agents, and volunteers from and against any and all claims and losses, costs or expenses for any damage due to death or injury to any person and injury to any property resulting from any , negligent, or otherwise reckless or wrongful acts, errors or omissions of CONSULTANT's subcontractors or any other person or entity involved by, for, with or on behalf of CONSULTANT in the performance of this Agreement. Such costs and expenses shall include reasonable attorneys' fees incurred by counsel of CITY's choice. 7TPS960022024
Exhibit 2
352
KimleyoHorn s 33
PROPOSAL FOR
The Bell Gardens Transit -Oriented Community Specific Plan and Zoning Code Update VI. MISCELLANEOUS PROVSIONS
6.1 DOCUMENTS & DATA: LICENSING OF INTELLECTUAL PROPERTY: All Documents and Data will be and remain the property of CITY without restriction or limitation upon their use or dissemination by CITY. For purposes of this Agreement, the term "Documents and Data" means and includes all reports, analyses, correspondence, plans, designs, notes, summaries, strategies, charts, schedules, spreadsheets, calculations, lists, data compilations, documents or other materials developed and/or assembled by or on behalf of CONSULTANT in the performance of this Agreement and fixed in any tangible medium of expression, including but not limited to Documents and Data stored digitally, magnetically and/ or electronically. This Agreement creates, at no cost to CITY, a perpetual license for CITY to copy, use, reuse, disseminate and/or retain any and all copyrights, designs, and other intellectual property embodied in all Documents and Data. CONSULTANT will require all subcontractors and subconsultants working on behalf of CONSULTANT in the performance of this Agreement to agree in writing that CITY will be granted the same right to copy, use, reuse, disseminate and retain Documents and Data prepared or assembled by any subcontractor or subconsultant as applies to Documents and Data prepared by CONSULTANT in the performance of this Agreement. Any modifications made by the CITY to any of the Consultant's documents, or any use, partial use or reuse of the documents without written authorization or adaptation by the Consultant will be at the CITY's sole risk and without liability to the Consultant and the CITY shall indemnify defend and hold the Consultant harmless from all claims, damages, losses and expenses, including but not limited to attorneys' fees, resulting therefrom. 7TPS960022024
Exhibit 2
353
Kimley>» Horns 34
PROPOSAL FOR
The Be11 Gardens Transit -Oriented Community Specific Plan and Zoning Code Update
7. Pending Litigation
Kimley-Horn and its subsidiaries have provided services in all fifty states and numerous countries. Because of the many and varied projects we have completed, we are subject to various legal proceedings from time to time and in the ordinary course of business. It is not practical to provide a complete list as part of this proposal. None of the pending matters, if decided against Kimley-Horn, would have a material impact on our financial statements or impair in any way our ability to serve our clients. Generally, these matters are covered by insurance, and we consider them to be without merit. If you would like to discuss our legal matters in more detail, please contact Kimley-Horn's General Counsel, Richard Cook, at 919.677.2058.
Legal Proceedings in California in the last five years are as follows:
29Twenty Maintenance Association v. Van Daele Development Corp., et al; Los Angeles County, Superior Court of the State of California; Case No. 19STCV13496; filed 2019; alleged economic loss; settled; closed 2020.
Vicente Gomez, et al v. Pilot Travel Centers, LLC, et al; Superior Court of California; Case No. CVRI2103878, County of Riverside; filed 2021; personal injuries; pending.
Brenda Sheriffs v. Kimley-Horn and Associates, Inc., et al; Santa Cruz County Superior Court; Case No.16CV00335; filed 2016; bicycle accident; personal injuries; settled; closed 2019.
Kimberly Lynn Wright and Ty Juan Montanez v. City of Concord; et al: Superior Court of California, County of Contra Costa; Case No.
MSC20-01067; filed 2020; served 2022; traffic accident, wrongful death claimed; pending. 106
7TPS960022024
354
Kimley>»Horn 35
Exhibit 2
PROPOSAL FOR
The Bell Gardens Transit -Oriented Community Specific Plan and Zoning Code Update ACOR
CERTIFICATE OF LIABILITY INSURANCE
DATE (MM/DD/YYYY)
3/18/2024
THIS CERTIFICATE IS ISSUED AS A MATTER OF INFORMATION ONLY AND CONFERS NO RIGHTS UPON THE CERTIFICATE HOLDER. THIS
CERTIFICATE DOES NOT AFFIRMATIVELY OR NEGATIVELY AMEND, EXTEND OR ALTER THE COVERAGE AFFORDED BY THE POLICIES BELOW. THIS CERTIFICATE OF INSURANCE DOES NOT CONSTITUTE A CONTRACT BETWEEN THE ISSUING INSURER(S), AUTHORIZED REPRESENTATIVE OR PRODUCER, AND THE CERTIFICATE HOLDER.
IMPORTANT: If the certificate holder is an ADDITIONAL INSURED, If SUBROGATION IS WAIVED, subject to the terms and conditions this certificate does not confer rights to the certificate holder in lieu
PRODUCER
Edgewood Partners Ins. Center/Greyling
3780 Mansell Rd. Suite 370
Alpharetta GA 30022
INSURED
Kimley-Horn and Associates, Inc.
421 Fayetteville Street, Suite 600
Raleigh, NC 27601
the policy(ies) must have ADDITIONAL INSURED provisions or be endorsed. of the policy, certain policies may require an endorsement. A statement on of such endorsement(s).
KIMLASS
CONTACT
NAME: Jerry Noyola
PHONE
INC. No. Extl: 7702207699
E-MAIL
Iin certsnnS:�gre Iln
ADDRESS. gre---Y g ..--Y_--g.com
INSURER(S) AFFORDING COVERAGE
INSURER A: National Union Fire Ins Co of Pittsburg
INSURER B : Allied World Assurance Co (U.S.) Inc.
INSURER c: New Hampshire Insurance Company
INSURER D : Lloyd's of London
INSURER E :
FAX
AC, No):
NAIL S
19445
19489
23841
852O2
INSURER F :
COVERAGES
CERTIFICATE NUMBER: 127970164
REVISION NUMBER:
THIS
INDICATED.
CERTIFICATE
EXCLUSIONS
INSR LTR
IS TO CERTIFY THAT THE POLICIES OF INSURANCE LISTED BELOW HAVE BEEN
NOTWITHSTANDING ANY REQUIREMENT, TERM OR CONDITION OF ANY
MAY BE ISSUED OR MAY PERTAIN, THE INSURANCE AFFORDED BY AND CONDITIONS OF SUCH POLICIES. LIMITS SHOWN MAY HAVE BEEN
TYPE OF INSURANCE IN D I WVD POLICY NUMBER
ISSUED TO THE INSURED NAMED ABOVE FOR THE POLICY PERIOD
CONTRACT OR OTHER DOCUMENT WITH RESPECT TO WHICH THIS
THE POLICIES DESCRIBED HEREIN IS SUBJECT TO ALL THE TERMS, REDUCED BY PAID CLAIMS.
POLICY EFF POLICY EXP LIMITS
(MOLIC YEFF ( POLICY
YYYY)
A
X
GE
COMMERCIAL GENERAL LIABILITY
X
__ CLAIMS -MADE _ _ !. OCCUR
Contractual Liab
I GL5268169
4/1/2024
4/1/2025
EACH OCCURRENCE I $ 2,000,000
._ DAMAGE TO RENTED I
PREMISES (Ea occurrences $ 1,000 000
, MED EXP (Any one person) , $ 25,000
PERSONAL & ADV INJURY $ 2,000,000
'L AGGREGATE LIMIT APPLIES PER:
I GENERAL AGGREGATE $4,000,000
PRODUCTS - COMP/OP AGG $ 4,000,000
$
A
A
AUTOMOBILE
X
�(
LIABILITY
ANY AUTO
OWNED SCHEDULED
AUTOS ONLY AUTOS
HIRED x NON -OWNED
] 1 CA4489663 (AOS)
I CA2970071 MA)
4/1/2024
4/1/2024
4/1/2025
4/1/2025
COMBINED SINGLE LIMIT $ 2,000,000
LEa accide
BODILY INJURY (Per person)
BODILY INJURY (Per accident)
1 PROPERTY DAMAGE
(Per accident)
$
$
...... ......... .........
$
I$
B
X
X ;I
UMBRELLA LIAB
EXCESS LIAB
X OCCUR
CLAIMS -MADE
103127930
4/1/2024
4/1/2025 I EACH OCCURRENCE
AGGREGATE
i $ 5,000,000
$ 5,000 000
$
DED X RETENTION$ 1Q(1M
C
C
WORKERS COMPENSATION
AND EMPLOYERS' LIABILITY Y I N
ANYPROPRIETOR/PARTNER/EXECUTIVE N
OFFICER/MEMBER EXCLUDED?
(Mandatory in NH)
If yes, describe under
DESCRIPTION OF OPERATIONS below
N I A
1 WC015893685 (AOS)
I WC015893686 (CA)
4/1/2024
4/1/2024
4/1/2025
4/1/2025
X STATUTE EORH
E.L. EACH ACCIDENT
$ 2,000,000
I E.L. DISEASE - EA EMPLOYEE]
$ 2,000,000
E . DISEASE - POLICY LIMIT ; $ 2,000,000
D
Professional Liability
I B0146LDUSA2404949
4/1/2024
4/1/2025 '. Per Claim $2,000,000
Aggregate I $2,000,000
DESCRIPTION OF OPERATIONS 1 LOCATIONS / VEHICLES (ACORD 101, Additional Remarks Schedule, may be attached if more space is required)
CERTIFICATE HOLDER
CANCELLATION
For Proposal Only
SHOULD ANY OF THE ABOVE DESCRIBED POLICIES BE CANCELLED BEFORE
THE EXPIRATION DATE THEREOF, NOTICE WILL BE DELIVERED IN ACCORDANCE WITH THE POLICY PROVISIONS.
AUTHORIZED REPRESENTATIVE
4 AI
ACORD 25 (2016/03)
© 1988-2015 ACORD CORPORATION. All rights reserved.
The ACORD name and logo are registered marks of ACORD
7TPS960022024
Exhibit 2
355
KimleyoHorn s 36
Contact
Adam Maleitzke, AICP
[email protected]
213.261.4095
www.kimley-horn.com
660 South Figueroa Street
Suite 2050
Los Angeles, CA 90017
Kimley>>> Horn
The entirety of this proposal, including text and images, is the property of Kimley-Horn and Associates, lnc. t6tected under U.S. copyright law.
Copyright © 2024 Kimley-Horn and Associates, Inc.
CITY OF BELL GARDENS
OFFICE OF THE CITY MANAGER
AGENDA REPORT
Item 10.
TO:
FROM:
BY:
Honorable Mayor and City Council Members
Michael B. O'Kelly, City Manager
Paul Camacho, Chief of Police
Mitchell Carrillo, Detective Sergeant
SUBJECT: CONSIDERATION OF RESOLUTION APPROVING GRANT AGREEMENT NO. 17869
WITH THE DEPARTMENT OF CALIFORNIA HIGHWAY PATROL
DATE: August 12, 2024
RECOMMENDATION:
It is staff recommendation that the City Council adopt the attached Resolution approving Grant Agreement No. 17869 with the Department of California Highway Patrol, thereby accepting grant funds.
BACKGROUND/DISCUSSION:
With the passage of Proposition 64, the Control, Regulate, and Tax Adult Use of Marijuana Act (AUMA), California voters mandated the state to set aside funding for the California Highway Patrol (CHP) to award grants to local governments and qualified nonprofit organizations, as described in Revenue and Taxation Code Section 34019(f)(3) (B).
The California Highway Patrol provides opportunities for local law enforcement agencies to apply for grant funding from its Cannabis Tax Fund Grant Program. This grant program provides annual funding for the education, prevention, and the enforcement of laws related to driving under the influence of alcohol and other drugs, including cannabis and cannabis products.
The City of Bell Gardens was recently awarded $101,498.70 for the FY2024-25 Cannabis Tax Fund Grant Program.
The intent of the program is to educate the public regarding the dangers of impaired driving, enforce impaired driving laws on the roadway, and improve the Organization/Agency's effectiveness through the training and development of new strategies.
Upon adoption of the attached Resolution and execution of the Grant Agreement, the California Highway Patrol (CHP) will begin reimbursing the Police Department for expenditures related to its Impaired Driving Safety Program made in accordance with the grant requirements.
Additionally, the Grant Agreement allows for submission of reimbursements for related purchases. Therefore, Staff will return to City Council for authorization to use such funds for those purchases allowed under the FY24/25 CTFGP Law Enforcement— Bell Gardens Police Department Grant terms and conditions.
CONCLUSION:
This is the first year that the Police Department has been awarded the FY24/25 CTFGP Law Enforcement — Bell Gardens Police Department Grant. This new grant funding will allow the Police Department to continue its proactive 357
education and enforcement efforts in hopes of further reducing traffic collisions involving drivers who are driving while under the influence of alcohol and other drugs, including cannabis and cannabis products.
FISCAL IMPACT:
None
ATTACHMENTS:
Exhibit 1 - Resolution No. 2024-60
Exhibit 2: CTFGP Grant Agreement & Approval
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 358
RESOLUTION NO. 2024-60
A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF BELL
GARDENS, CALIFORNIA, APPROVING GRANT AGREEMENT NO.
17869 WITH THE CALIFORNIA HIGHWAY PATROL
WHEREAS, the Bell Gardens Police Department wishes to enhance the quality of service to the community by seeking grant funds to supplement the Police Department budget; and
WHEREAS, the City of Bell Gardens has been awarded $101,498.70 from the FY24/25 CTFGP Law Enforcement — Bell Gardens Police Department Grant; and WHEREAS, upon execution of Grant Agreement No. 17869, funds will be appropriated by the City of Bell Gardens for use by the Police Department and reimbursed by the California Highway Patrol for expenditures made in accordance with grant guidelines.
NOW, THEREFORE, BE IT RESOLVED by the City Council of the City of Bell Gardens as follows:
SECTION 1. The City Council finds that the above recitals are true and correct and incorporate them herein.
SECTION 2. The City Council approves the Grant Agreement No. 17869 for acceptance of grant funds in the amount of $101.498.70.
SECTION 3. Subject to all applicable laws, the City Council hereby authorizes the City Manager to execute Grant Agreement No. 17869 attached to the staff report and any and all documents relating to the resolution and take any action that is 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.
Exhibit 1 359
Resolution No.2024-60
PASSED, APPROVED, AND ADOPTED THIS 12th day of August, 2024.
THE CITY OF BELL GARDENS
Gabriela Gomez, Mayor
APPROVED AS TO FORM: ATTEST:
Stephanie Vasquez
City Attorney
Daisy Gomez
City Clerk
[Signatures on the following page]
2 of 3
Exhibit 1 360
Resolution No.2024-60
I, , City Clerk of the City of Bell Gardens, hereby CERTIFY that City Council Resolution No. was adopted by the Bell Gardens City Council at a regular meeting of the City Council held on , and was approved and passed by the following vote:
AYES:
NOES:
ABSTAIN:
ABSENT:
Daisy Gomez
City Clerk
3 of 3
Exhibit 1 361
State of California
DEPARTMENT OF CALIFORNIA HIGHWAY PATROL
GRANT AGREEMENT - Page 1
Award Number
17869
1. GRANT TITLE
FY24/25 CTFGP Law Enforcement - Bell Gardens Police Department
2. NAME OF ORGANIZATION/AGENCY
Bell Gardens Police Department
3. ORGANIZATION/AGENCY SECTION TO ADMINISTER GRANT
Bell Gardens Police Department
4. PROJECT PERFORMANCE PERIOD
From: 07/01/2024 To: 06/30/2025
5. PURCHASE ORDER NUMBER
6. GRANT OPPORTUNITY INFORMATION DESCRIPTION
Law Enforcement grants provide financial assistance to allied agencies for the education, prevention, and the enforcement of laws related to driving under the influence of alcohol and other drugs, including cannabis and cannabis products.
The intent of the program is to educate the public regarding the dangers of impaired driving, enforce impaired driving laws on the roadway, and improve the Organization/Agency's effectiveness through training and development of new strategies.
7. FUNDS ALLOCATED UNDER THIS GRANT AGREEMENT SHALL NOT EXCEED $101,498.70
8. TERMS AND CONDITIONS
The Grantee agrees to complete the Project, as described in the Project Description. The Grantee's Grant Application, and the California Code of Regulations, Title 13, Division 2, Chapter 13, Sections 1890.00-1890.27, are hereby incorporated into this Grant Agreement by reference.
The parties hereto agree to comply with the Terms and Conditions of the following attachments:
• Schedule A — Project Description, Problem Statement, Goals and Objectives, and Method of Procedure • Schedule B — Detailed Budget Estimate
• Schedule B-1 — Budget Narrative
We, the officials named below, hereby swear, under penalty of perjury under the laws of the State of California, that we are duly authorized to legally bind the Grant recipient to the above -described Grant Terms and Conditions.
IN WITNESS WHEREOF, this Grant Agreement is executed by the parties hereto.
9. APPROVAL SIGNATURES
A. AUTHORIZED OFFICIAL OF ORGANIZATION/AGENCY
Name: Michael B. O'Kelly
Title: City Manager
Phone: (562) 806-7702
Address: 7100 S. Garfield Avenue
Bell Gardens, CA 90201
E -Mail: [email protected]
B. AUTHORIZED OFFICIAL OF CHP
Name: Andrew Beasley Phone: (916) 843-4360
Title: Captain Fax: (916) 322-3169
Address: 601 North 7th Street
Sacramento, CA 95811
E -Mail: ABeasley(chp.ca.gov
(Signature) (Date)
(Signature) (Date)
C. ACCOUNTING OFFICER OF CHP
Name: C. M. Jones Phone: (916) 843-3531
Title: Commander Fax: (916) 322-3159
Address: 601 North 7th Street
Sacramento, CA 95811
E -Mail: [email protected]
10. AUTHORIZED FINANCIAL CONTACT TO RECEIVE
REIMBURSEMENT PAYMENTS
Name: Manuel Carrillo
Title: Director of Finance
Phone: (562) 806-7690
Address: 7100 S. Garfield Avenue
Bell Gardens, CA 90201
(Signature) (Date)
_.�:_:a n nnn
TERMS AND CONDITIONS
Grantee shall comply with the California Code of Regulations, Title 13, Division 2, Chapter 13 Section 1890, et seq. and all other Terms and Conditions noted in this Grant Agreement. Failure by the Grantee to comply may result in the termination of this Grant Agreement by the California Highway Patrol (hereafter referred to as State). The State will have no obligation to reimburse the Grantee for any additional costs once the Grant Agreement has been terminated.
A. EXECUTION
1. The State (the California Highway Patrol) hereby awards, to the Grantee, the sum of money stated on page one of this Grant Agreement. This funding is awarded to the Grantee to carry out the Project set forth in the Project Description and the terms and conditions set forth in this Grant Agreement.
2. The funding for this Grant Agreement is allocated pursuant to California Revenue and Taxation Code Section 34019(f)(3)(B). The Grantee agrees that the State's obligation to pay any sum under this Grant Agreement is contingent upon availability of funds disbursed from the California Cannabis Tax Fund to the State. If there is insufficient funding, the State shall have the option to either: 1) terminate this Grant Agreement; whereby, no party shall have any further obligations or liabilities under this Grant Agreement, or 2) negotiate a Grant Agreement Amendment to reduce the grant award and scope of work to be provided under this Grant Agreement.
3. The Grantee is not to commence or proceed with any work in advance of receiving notice that the Grant Agreement is approved. Any work performed by the Grantee in advance of the date of approval by the State shall be deemed volunteer work and will not be reimbursed by the State.
4. The Grantee agrees to provide any additional funding, beyond what the State has agreed to provide, pursuant to this Grant Agreement, and necessary to complete or carry out the Project, as described in this Grant Agreement. Any modification or alteration of this Grant Agreement, as set forth in the Grant Application submitted by the Grantee and on file with the State, must be submitted in writing thirty (30) calendar days in advance to the State for approval.
5. The Grantee agrees to complete the Project within the timeframe indicated in the Project Performance Period, which is on page one of this Grant Agreement.
B. PROJECT ADMINISTRATION
1. The Grantee shall submit all reimbursements, progress, performance, and/or other required reports concerning the status of work performed in furtherance of this Grant Agreement on a quarterly basis, or as requested by the State.
2. The Grantee shall provide the State with a final report showing all Project expenditures, which includes all State and any other Project funding expended, within sixty (60) calendar days after completion of this Grant Agreement.
3. The Grantee shall ensure all equipment which is purchased, maintained, operated, and/or developed is available for inspection by the State.
4. Equipment purchased through this Grant Agreement shall be used for the education, prevention, and enforcement of impaired driving laws, unless the Grantee is funding a portion of the purchased price not dedicated to impaired driving and that portion is not part of the Project costs.
Equipment purchased under this Grant Agreement must only be used for approved Project - related purposes, unless otherwise approved by the State in writing.
5. Prior to disposition of equipment acquired under this Grant Agreement, the Grantee shall notify the State via e-mail, and by telephone, by calling the California Highway Patrol, Impaired Driving Section, Cannabis Grants Unit at (916) 843-4360.
Exhibit 2 363
TERMS AND CONDITIONS
C. PROJECT TERMINATION
1. Grantee or the State may terminate this Grant Agreement at any time prior to the commencement of the Project. Once the Project has commenced, this Grant Agreement may only be terminated if the party withdrawing provides thirty (30) calendar days written notice of their intent to withdraw.
a. If by reason of force majeure the performance hereunder is delayed or prevented, then the term end date may be extended by mutual consent for the same amount of time of such delay or prevention. The term "force majeure" shall mean any fire, flood, earthquake, or public disaster, strike, labor dispute or unrest, embargo, riot, war, insurrection or civil unrest, any act of God, any act of legally constituted authority, or any other cause beyond the Grantee's control which would excuse the Grantee's performance as a matter of law. b. Grantee agrees to provide written notice of an event of force majeure under this Grant Agreement within ten (10) calendar days of the commencement of such event, and within ten (10) calendar days after the termination of such event, unless the force majeure prohibits Grantee from reasonably giving notice within this period. Grantee will give such notice at the earliest possible time following the event of force majeure.
2. Any violations of law committed by the Grantee, misrepresentations of Project information by the Grantee to the State, submission of falsified documents by the Grantee to the State, or failure to provide records by the Grantee to the State when requested for audit or site visit purposes may be cause for termination. If the Project is terminated for the reasons described in this paragraph, the State will have no obligation to reimburse the Grantee for any additional costs once the Grant Agreement has been terminated.
3. The State may terminate this Grant Agreement and be relieved of any payments should the Grantee fail to perform the requirements of this Grant Agreement at the time and in the manner herein provided. Furthermore, the Grantee, upon termination, shall return grant funds not expended by the Grantee as of the date of termination.
4. If this Grant Agreement is terminated, the State may choose to exclude the Grantee from future Grant Opportunities.
D. FINANCIAL RECORDS
1. The Grantee agrees the State, or their designated representative, shall have the right to review and to copy all records and supporting documentation pertaining to the performance of this Grant Agreement. Grantee agrees to maintain such records for possible audit for a minimum of five (5) years after final payment, unless a longer period of records retention is stipulated or required by law. Grantee agrees to allow the auditor(s) access to such records during normal business hours and to allow interviews of any employees who might reasonably have information related to such records. Furthermore, the Grantee agrees to include a similar right for the State to audit all records and interview staff in any subcontract related to performance of this Grant Agreement.
E. HOLD HARMLESS
1. The Grantee agrees to indemnify, defend, and save harmless the State, its officials, agents and employees from any and all claims and losses accruing or resulting to any and all Grantee's staff, contractors, subcontractors, suppliers, and other person, firm or corporation furnishing or supplying work services, materials, or supplies in connection with the performance of this Grant Agreement, and from any and all claims and losses accruing or resulting to any person, agency, firm, corporation who may be injured or damaged by the Grantee in performance of this Grant Agreement.
Exhibit 2 364
TERMS AND CONDITIONS
F. NONDISCRIMINATION
1. The Grantee agrees to comply with State and federal laws outlawing discrimination, including, but not limited to, those prohibiting discrimination because of sex, race, color, ancestry, religion, creed, national origin, physical disability (including HIV and AIDS), mental disability, medical condition (including cancer or genetic characteristics), sexual orientation, political affiliation, position in a labor dispute, age, marital status, and denial of statutorily -required employment - related leave. (GC 12990 [a -f] and CCR, Title 2, Section 8103.) G. AMERICANS WITH DISABILITIES ACT
1. The Grantee assures the State it complies with the Americans with Disabilities Act (ADA) of 1990, which prohibits discrimination on the basis of disability, as well as all applicable regulations and guidelines issued pursuant to the ADA. (42 U.S.C. 12101 et seq.) H. DRUG -FREE WORKPLACE
1. The Grantee shall comply with the requirements of the Drug -Free Workplace Act of 1990 and will provide a drug -free workplace by taking the following actions:
a. Publish a statement notifying employees that unlawful manufacture, distribution, dispensation, possession, or use of a controlled substance is prohibited and specifying actions to be taken against employees for violations.
b. Establish a Drug -Free Awareness Program to inform employees about:
i. The dangers of drug abuse in the workplace.
ii. The person's or Organization/Agency's policy of maintaining a drug -free workplace. iii. Any available counseling, rehabilitation, and employee assistance programs. iv. Penalties that may be imposed upon employees for drug abuse violations. c. Every employee who works on the Project will:
i. Receive a copy of the company's drug -free workplace policy statement. ii. Agree to abide by the terms of the company's statement as a condition of employment on the Grant Agreement.
2. Failure to comply with these requirements may result in suspension of payments under this Grant Agreement, or termination of this Grant Agreement, or both, and Grantee may be ineligible for award of any future Grant Agreements if the department determines that any of the following has occurred:
a. The Grantee has made false certification or violated the certification by failing to carry out the requirements, as noted above. (GC 8350 et seq.)
I. LAW ENFORCEMENT AGENCIES
1. All law enforcement Organization/Agency/Agency Grantees shall comply with California law regarding racial profiling. Specifically, law enforcement Organization/Agency/Agency Grantees shall not engage in the act of racial profiling, as defined in California Penal Code Section 13519.4.
Exhibit 2 365
TERMS AND CONDITIONS
J. LABOR CODE/WORKERS' COMPENSATION
1. The Grantee is advised and made aware of the provisions which require every employer to be insured against liability for Worker's Compensation or to undertake self-insurance in accordance with the provisions, and Grantee affirms to comply with such provisions before commencing the performance of the work of this Grant Agreement, (refer to Labor Code Section 3700).
K. GRANT APPLICATION INCORPORATION
1. The Grantee agrees the Grant Application and any subsequent changes or additions approved or required by the State is hereby incorporated into this Grant Agreement.
L. STATE LOBBYING
1. The Grantee is advised that none of the funds provided under this Grant Agreement may be used for any activity specifically designed to urge or influence a state or local legislator to favor or oppose the adoption of any specific legislative proposal pending before any state or local legislative body. Such activities include both direct and indirect (e.g., "grassroots") lobbying activities, with one exception. This does not preclude a state official, whose salary is supported by this Grant Agreement, from engaging in direct communications with the state or local legislative officials, in accordance with customary state and/or local practice.
M. REPRESENTATION AND WARRANTIES
1. The Grantee represents and warrants that:
a. It is validly existing and in good standing under the laws of the State of California, has, or will have the requisite power, authority, licenses, permits, and the like necessary to carry on its business as it is now being conducted and as contemplated in this Grant Agreement, and will, at all times, lawfully conduct its business in compliance with all applicable federal, state, and local laws, regulations, and rules.
b. It is not a party to any Grant Agreement, written or oral, creating obligations that would prevent it from entering into this Grant Agreement or satisfying the terms herein. c. If the Grantee is a Nonprofit Organization/Agency, it will maintain its "Active" status with the California Secretary of State, maintain its "Current" status with the California Attorney General's Registry of Charitable Trusts, and maintain its federal and State of California tax- exempt status. If the Grantee subcontracts with a Nonprofit as part of this Grant Agreement, the Grantee shall ensure the Nonprofit will maintain its "Active" status with the California Secretary of State, maintain its "Current" status with the California Attorney General's Registry of Charitable Trusts, and maintain its federal and State of California tax-exempt status.
d. All of the information in its Grant Application and all materials submitted are true and accurate.
N. AIR OR WATER POLLUTION VIOLATION
1. Under the state laws, the Grantee shall not be: (1) in violation of any order or resolution not subject to review promulgated by the State Air Resources Board or an air pollution control district; (2) subject to cease and desist order not subject to review issued pursuant to Section 13301 of the Water Code for violation of waste discharge requirements or discharge prohibitions; or (3) finally determined to be in violation of provisions of federal law relating to air or water pollution.
Exhibit 2 366
TERMS AND CONDITIONS
O. GRANTEE NAME CHANGE
1. Grantee agrees to immediately inform the State, in writing, of any changes to the name of the person within the Organization/Agency/Agency with delegated signing authority.
2. An Amendment is required to change the Grantee's name, as listed on this Grant Agreement. Upon receipt of legal documentation of the name change, the State will process the Amendment. Payment of invoices presented with a new name cannot be paid prior to approval of said Amendment.
P. RESOLUTION
1. A county, city, district, or other local public body shall provide the State with a copy of a resolution, order, motion, or ordinance of the local governing body, which by law, has authority to enter into a Grant Agreement, authorizing execution of the Grant Agreement.
Q. PAYEE DATA RECORD FORM STD. 204
1. This form shall be completed by all non -governmental Grantees.
R. FINANCIAL INFORMATION SYSTEM FOR CALIFORNIA GOVERNMENT AGENCY TAXPAYER ID FORM
1. This form shall be completed by all Grantees.
S. CONFLICT OF INTEREST
1. This section serves to make the Grantee aware of specific provisions related to current or former state employees. If Grantee has any questions regarding the status of any person rendering services or involved with the Grant Agreement, the Grantee shall contact the State (California Highway Patrol, Impaired Driving Section, Cannabis Grants Unit) immediately for clarification.
2. Current State Employees:
a. No officer or employee shall engage in any employment, activity, or enterprise, from which the officer or employee receives compensation or has a financial interest, and which is sponsored or funded by any state agency, unless the employment, activity, or enterprise is required, as a condition of regular state employment.
b. No officer or employee shall contract on their own behalf, as an independent Grantee, with any state agency to provide goods or services.
3. Former State Employees:
a. For the two-year period from the date they left state employment, no former state officer or employee may enter into a contract in which they engaged in any of the negotiations, transactions, planning, arrangements, or any part of the decision -making process relevant to this Grant Agreement while employed in any capacity by any state agency. b. For the 12 -month period from the date they left state employment, no former state officer or employee may enter into a contract with any state agency if they were employed by that state agency in a policy -making position in the same general subject area as the proposed Grant Agreement within the 12 -month period prior to their leaving state service.
Exhibit 2
4. The authorized representative of the Grantee Organization/Agency, named within this Grant Agreement, warrants their Organization/Agency and its employees have no personal or financial interest and no present or past employment or activity, which would be incompatible with 367
TERMS AND CONDITIONS
participating in any activity related to this Grant Agreement. For the duration of this Grant Agreement, the Organization/Agency and its employees will not accept any gift, benefit, gratuity or consideration, or begin a personal or financial interest in a party who is associated with this Grant Agreement.
5. The Grantee Organization/Agency and its employees shall not disclose any financial, statistical, personal, technical, media -related, and/or other information or data derived from this Grant Agreement, made available for use by the State, for the purposes of providing services to the State, in conjunction with this Grant Agreement, except as otherwise required by law or explicitly permitted by the State in writing. The Grantee shall immediately advise the State of any person(s) who has access to confidential Project information and intends to disclose that information in violation of this Grant Agreement.
6. The Grantee will not enter into any Grant Agreement or discussions with third parties concerning materials described in paragraph five (5) prior to receiving written confirmation from the State that such third party has a Grant Agreement with the State, similar in nature to this one.
7. The Grantee warrants that only those employees who are authorized and required to use the materials described in paragraph 5 will have access to them.
8. If the Grantee violates any provisions in the above paragraphs, such action by the Grantee shall render this Grant Agreement void.
T. EQUIPMENT -USE TERMS
1. The Grantee agrees any equipment purchased under this Grant Agreement shall be used for impaired driving efforts.
2. Law Enforcement Projects:
a. Oral Fluid Drug Screening Devices and Cannabis/Marijuana Breath Testing Equipment - The Grantee agrees to ensure all personnel using road -side drug testing equipment, including oral fluid drug testing devices and/or cannabis/marijuana breath testing devices, purchased with grant funds from this Grant Agreement, are trained to recognize alcohol and drug impairment.
At a minimum, personnel using these devices should receive Standardized Field Sobriety Testing training. These personnel are also encouraged to attend Advanced Roadside Impaired Driving Enforcement and Drug Recognition Evaluator training. Prior to using these devices, the Grantee agrees to obtain permission from their local prosecutor's office, establish a policy ensuring appropriate use, and require the staff using these devices to receive appropriate training, which may include training from the manufacturer. This will help ensure the equipment is used appropriately. The Grantee shall advise the State (California Highway Patrol, Impaired Driving Section, Cannabis Grants Unit) of any legal challenges or other items of significance that may affect the use or legal acceptance of these devices.
Additionally, the State may request additional information about the performance of these devices, including information about their use, accuracy, and feedback from personnel using the devices.
b. Law Enforcement Vehicles — The Grantee agrees any law enforcement vehicles purchased with Grant funds, from this Grant Agreement, will be primarily used for the enforcement of driving under the influence laws and/or providing public education, related to the dangers of driving under the influence. Additionally, any vehicle purchased using funds from this Grant Agreement shall comply with all California Vehicle Code and California Code of Regulation requirements. The State may require the Grantee to mark these vehicles with a decal and/or emblem, indicating the vehicle is used for driving under the influence enforcement.
Exhibit 2 368
Schedule A
Bell Gardens Police Department
All grant awards, including any adjustments to requested funding, were made by the Cannabis Grants Unit based on the merits of the Grant Application, scale of operation, and in accordance with the Request for Application (RFA) requirements and associated regulations. As a result, not all Project activities and items detailed in Schedule A are applicable. Refer to Schedule B - Detailed Budget Estimate for approved Budget line items and Project activities. Project activities and items that are not clearly identified/specified in the Grant Agreement must be submitted to and approved by CGU prior to purchase.
Project Description
The Bell Gardens Police Department (BGPD) is seeking grant funds to assist with efforts in reducing impaired driving and DUI related crashes and injuries, through education (in person presentations and social media campaigns) and directed enforcement (data driven). BGPD plans to send police officers to drug -related impaired driving training such as SFST, ARIDE and DRE courses. BGPD currently has one assigned traffic enforcement officer. Due to staffing shortages, the department has two vacant motor officer positions. The grant funds will allow for overtime details to focus on impaired driving through the use of saturation patrols, conducting a DUI checkpoint, and traffic safety fairs involving high school age drivers. To further the department's goal of education and enforcement in regard to impaired driving, grant funds would also allow for the purchase of a traffic enforcement police vehicle. The use of the traffic vehicle will allow for effective traffic enforcement and public educational events. This will allow the Bell Gardens Police Department to take a more proactive approach and educational role in combating impaired driving in and around our city.
Problem Statement & Proposed Solution
The City of Bell Gardens is a city in Los Angeles metropolitan area. Located in Los Angeles County, the city's population in 2022 census was approximately 45,000; however, unofficially the estimated population is approximately 61,000. Bell Gardens is approximately 2.5 square miles and is part of the Gateway Cities Region, a largely urbanized region located in southeastern Los Angeles County, resulting in additional vehicles on the roadways and ultimately more traffic collisions occurring. Unsafe Speed, failure to obey traffic signs and signals, and improper turning are the most frequent primary collision factor violations during the past year, as has been that case in previous years. Impaired driving often is a major contributor to those particular CVC violations and often times goes undetected without the proper training.
The Bell Gardens Police Department maintains a traffic division that is currently staffed with one traffic officer and one sergeant. Due to personnel shortages and increasing budget constraints, we currently have two vacant motor officer positions. This funding will assist the Bell Gardens Police Department's mission in identifying and resolving the traffic problems affecting the City of Bell Gardens. The traffic division is primarily tasked with the reduction of traffic crashes through proactive and reactive enforcement of traffic laws throughout the city. The traffic division is also tasked with investigating all felony traffic matters (pursuits, DUI and H&R reports), preparing serious cases for prosecution when a crime has occurred, and the investigation and filing on all hit and run traffic crashes.
Since 2013, the city has seen an increase with traffic crashes that are affecting the safety of the citizens and visitors of the city. For example, in 2021 the Office of Traffic Safety Crash Rankings showed that Bell Gardens is ranked 7/93 in reference to their composite score regarding crashes classified as Victims Killed and Injured.
In addition, Bell Gardens ranked 9/93 in pedestrian crashes and 21/93 in Pedestrians older than 65 -years -old related crashes respectively. Bell Gardens also ranked 4/93 in regard to fatal & injury crashes during nighttime hours. Furthermore, this is supported by the statistics taken from our department's data bank.
In 2020, the Office of Traffic Safety awarded the Bell Gardens Police Department an OTS TRIP Grant in order to purchase a new traffic crash and reporting software system. These new systems are assisting the Bell Gardens Police Department with the ability to export complete crash reports to the California Highway Patrol's Statewide Integrated Traffic Records System (SWITRS), and the system exports the traffic data to the Department's new "Spillman / Flex" CAD & RMS system from Motorola Solutions. These systems provide the Department live data and assist in identifying the problematic traffic areas in the city. The Department then uses this data to develop traffic safety programs with the goal of eliminating the problem(s) and making the roads safer in the City of Bell Gardens.
Exhibit 2 369
Schedule A
Below is our recent statistics regarding DUI crashes and DUI arrest for the past three years. • 2023 DUI Collisions: 34
• 2022 DUI Collisions: 13
• 2021 DUI Collisions: 24
• 2023 DUI Arrest: 64
• 2022 DUI Arrest: 34
• 2021 DUI Arrest: 59
On June 26, 2023, the City of Bell Gardens City Council adopted City Ordinance No. 934, to conditionally permit cannabis retail uses within the City of Bell Gardens. Since then, the city has received over 35 applicants from businesses interested in opening up a cannabis dispensary in Bell Gardens. There are currently four (4) businesses who have made it to the approval process. Furthermore, within a five -mile radius from the City of Bell Gardens, there are currently four (4) fully operational cannabis dispensaries in the cities of Maywood and Vernon. This has raised concern for many residents within the City of Bell Gardens who are opposed to the sale of cannabis within the city. The Bell Gardens Police Department plans to create informational workshops and programs regarding the use of cannabis and how it relates to impaired driving.
Prevention begins with educating the youth in our community. Presentations will be targeted towards high school age teens in the form of classroom visits, assemblies, and/or high school groups using question and answer sessions, information, statistics, stories, printed materials and guest speakers. Social media campaigns will be geared towards adults as well as high school age teens and will use a variety of media techniques involving pictures, videos, statistics, graphics, and stories to deliver the educational information.
The shortage of personnel and decrease in budget allocations has created a situation where the police department finds it more difficult to assign sufficient resources towards curtailing impaired driving. Fortunately, the Bell Gardens Police Department does receive funding from the California Office of Traffic Safety, which allows us to conduct DUI checkpoints four (4) times per year and 20 DUI saturations patrols. The additional funding from the CTFGP grant will provide that extra focus and attention on impaired driving.
The Bell Gardens Police Department is currently utilizing a 2006 Ford Crown Victoria that has over 85,000 miles for their Traffic Enforcement Vehicle. Due to budget restraints, it has been difficult to replace this vehicle with a new vehicle. The funding provided with the CTFGP grant will allow the department to purchase a new police vehicle to assist officers with enforcement and educational efforts.
Performance Measures/Scope of Work
Project Goals:
• Prevent DUI related crashes through high visibility traffic enforcement. • Prevent DUI related crashes by conducting a DUI/DUID checkpoints. • Identify and arrest drivers who are driving while impaired by way of DUI Saturation Patrols. • Send at least 1 Officer to SFST/ARIDE/DRE Training.
• Reduce DUI injury and fatal collisions by 10%.
Project Objectives:
12 DUI Saturation Patrols (Q1 =3, Q2 = 3, Q3 = 3, Q4 = 3): The saturation patrols will be directed at areas supported by DUI related data and include a two -man unit for 8 -hour shifts. Aim to reduce DUI/DUI injury/deaths by 10%, which will improve roadway safety in the community. 2 DUI Checkpoint Operations (Q1-2, Q3-4): Aim to reduce DUI/DUI by 10%, which will reduce the number of impaired drivers in the community.
Project Performance Evaluation
The Bell Gardens Police Department staff will incorporate data collection throughout the project in order to evaluate program effectiveness. Staff to be involved in monitoring progress will include an Administrative Lieutenant, Traffic Sergeant, and Traffic Officer. Outcome measures that will be utilized to quantify project performance will include tracking the number of officers sent to SFST/ARIDE/DRE training, gathering Exhibit 2 370
Schedule A
statistics (Traffic Stops/SFST/Citations/Arrest) during DUI Saturation Operations, gathering the number of students who attend school assemblies, gathering the number of attendees at community events utilizing sign in sheets, and tracking how many users view social media posts.
Using the data compiled during the grant, the Grant Administrator will complete a Final Evaluation at the end of the grant. The Final Evaluation should provide a brief summary of the grant's accomplishments, challenges and significant activities. The narrative should include whether goals and objectives were met, exceeded, or an explanation of why objectives were not completed.
Program Sustainabilitv
The Bell Gardens Police Department (BGPD) is currently developing a plan with the support of our City Council and City Manager to add additional funding to our police budget in the near future. The additional funding will continue the educational and enforcement programs that will be develop through this grant(s).
Currently, BGPD relies on grant funding because the loss of revenue during the Covid-19 pandemic had a dramatic impact on the City's general funds.
Administrative Support
The Bell Gardens Police Department successfully utilizes several grants to combat various issues in our community, including alcohol related violations. Department and city administrators support these efforts and the department's continued use of grants proves this.
In addition, the Traffic Division has, for many years, been successful in executing the current OTS grant.
Officers in the traffic division have been trained in SFST/ARIDE/DRE and currently deploy for DUI saturation patrols under the California Office of Traffic Safety grant. These same officers are ready to support this grant's enforcement efforts with impaired driving saturation patrols.
The Bell Gardens Police Department created a social media team in 2015, comprised of both sworn and professional staff as a collateral duty. The purpose of the social media team is to communicate, educate, and engage with the community through various social media platforms. Members of the social media team promote the Bell Gardens Police Department by social media messages, highlighting activities, announcing enforcement details, and department accomplishments. The social media team will ensure there will be effective messaging that will reach the intended audiences regarding the dangers of impaired driving.
Exhibit 2 371
Schedule B
Detailed Budget Estimate
Award Number
17869
Organization/Agency
Bell Gardens Police Department
Total Amount
$101,498.70
Cost Category
Line Item Name
Total Cost to Grant
Other Direct Costs
DUI Patrol Vehicle - Outfitting
$24,989.03
Category Sub -Total
$24,989.03
Personnel
SFST Training - Attend
$2,196.24
DUI Checkpoint
$18,086.24
DUI Saturation Patrol
$17,569.92
Category Sub -Total
$37,852.40
Travel
SFST Training - Attend Travel
$45.00
Category Sub -Total
$45.00
Equipment
DUI Patrol Vehicle
$38,612.27
Category Sub -Total
$38,612.27
Grant Total
$101,498.70
Exhibit 2 372
Schedule B-1
Budget Narrative
BeII Gardens Police Department
Prior to engaging in grant -funded Saturation Patrols, DUI Checkpoints, or other enforcement activities in areas where the grantee does not have primary traffic jurisdiction, the grantee should consult with the agency having primary traffic jurisdiction.
Other Direct Costs
DUI Patrol Vehicle — Outfitting (Any outfitting costs that are not vehicle wrap, lights/siren, Police radio, and prisoner transport partition are not eligible costs and will not be reimbursed.) $24,989.03
Outfitting expenses to outfit police vehicle from Black & White Emergency Vehicles including radio.
Personnel
SFST Training - Attend
$2,196.24
24 hours of training at $91.51 per hour (OT rate) = $2196.24 DUI Saturation Patrol
$17,569.92
Amount calculated for 192 hours of DUI/DUID Saturation patrols. 12 Saturation patrol details / 2 officers per patrol / 8 hours shift / 16 hours combined per patrol times 12 Saturations patrols = 192 hours at $91.51 per hour (Overtime Rate). $91.51 per hour at 8 hours = $732.08 times 2 officers = $1,464.11 $1,464.11 for 12 details = $17.569.92
DUI Checkpoint
$18,086.24
1 DUI Checkpoint at 8 hours times 2 Checkpoints = 16 hours 9 Officers at $91.51 per hour (OT rate) times 8 hours = $732.08 times 9 (Officers) _ $6,588/2. 5 Community Service Officers at $49.41 per hour (OT rate) times 8 hours = $395.28 times 5 (CSO) = $1,976.40 1 Dispatcher at $59.75 per hour (OT rate) time 8 hours = $478 Total = $9,043.12 times 2 Checkpoints = $18,086.24
Travel
SFST Training - Attend Travel
$45.00
3 Days of Per diem (lunch) at $15 per day = $45
Exhibit 2 373
Schedule B-1
Budget Narrative
Bell Gardens Police Department
Equipment
DUI Patrol Vehicle
$38,612.27
Police Vehicle (Folsom Ford) $38,612.27
Exhibit 2 374
CITY OF BELL GARDENS
OFFICE OF THE CITY MANAGER
AGENDA REPORT
Item 11.
TO: Honorable Mayor and City Council Members
FROM: Michael B. O'Kelly, City Manager
BY: Bernardo I niguez, Director of Public Works/Facilities SUBJECT: ACCEPTANCE OF THE PURCHASE AND INSTALLATION OF NEW POLE LED LIGHTING AT JOHN ANSON FORD PARK (CIP NO. 3932) AS COMPLETE DATE: August 12, 2024
RECOMMENDATION:
It is staff's recommendation that the City Council:
1. Accept the Purchase and Installation of New Pole LED Lighting at John Anson Ford Park as complete; and
2. Authorize staff to file the Notice of Completion.
BACKGROUND/DISCUSSION:
On January 8, 2024, City Council approved an agreement with ABM Electrical & Lighting Solutions, Inc. ("ABM") for the purchase and installation of new LED lighting at John Anson Ford Park (the "Project"). The scope of work for the Project consisted of the removal of existing light poles, the purchase and installation of 34 new 25 -ft. tall pole LED lights for the walkway along the east side of Ford Park, the purchase and installation of 5 new 15 -ft. tall pole LED lights for the playground at the east end of Ford Park, ancillary electrical work, and furnishing all equipment, tools, labor, and incidentals to complete the Project.
On January 18, 2024, a pre -construction meeting was held, and the City issued a Notice to Proceed effective January 25, 2024. Due to the demolition at the Aquatics Center project site, two of the new lights lost power due to unforeseen conditions and additional work was required to restore power. Subsequently, the City issued Change Order No. 1 in the amount of $24,779.37. The additional work consisted of trenching, conduit rerouting, interception of underground conduit, and installation of two electrical vaults.
ABM completed the installation of electrical conduit on July 11, 2024. The Project inspector conducted the final inspection, reviewed the Project documents, and determined that the Project was completed satisfactorily and in conformance with the Project's plans and specifications. The final working days were 70 and the final total construction cost was $274,688.85.
CONCLUSION:
The City Council's acceptance of the Project as complete is required to allow the City Clerk to file the Notice of Completion with the LA County Registrar -Recorder.
FISCAL IMPACT:
The Project costs were covered by General Funds. The complete Project expenditures were as follows:
375
Construction Award
$ 249,909.48
Change Order No. 1
$ 24,779.37
TOTAL PROJECT COST
$ 274,688.85
ATTACHMENTS:
Exhibit 1 — Notice of Completion
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
RECORDING REQUESTED BY
CITY OF BELL GARDENS
AND WHEN RECORDED MAIL TO
NAME CITY OF BELL GARDENS
CITY CLERK
STREET 7100 S. GARFIELD AVE
ADDRESS
CITY BELL GARDENS, CA 90201
STATE
ZIP
SPACE ABOVE LINE FOR RECORDER'S USE
NOTICE OF COMPLETION
Notice is hereby given that:
1. The undersigned is owner or corporate officer of the owner of the interest or estate stated below in the property hereinafter described:
2. The full name of the owner is City of Bell Gardens
3. The full address of the owner is 7100 S. Garfield Avenue, Bell Gardens, CA 90201
4. The nature of the interest or estate of the owner is: in fee. (if other than Fee, strike "In fee" and insert, for example, "purchaser under contract of purchase", or "lessee")
5. The full names and full addresses of all persons, if any, who hold title with the undersigned as joint tenants or as tenants in common are:
NAMES ADDRESSES
6. A work of improvement on the property hereinafter described was substantially completed on 07/11/2024. The work done was:
Purchase and Installation of New Pole LED Lichtinc at John Anson Ford Park (CIP No. 3932).
7. The names of the contractor, if any, for such work of improvement was ABM Electrical & Lichtinc Solutions, Inc., 01/08/2024
(If no contractor for work of improvement as a whole, insert "None") (Date of Contract)
8. The property on which said work of improvement was completed is in the City of Bell Gardens County of Los Anceles, State of CA and is described as follows: John Anson Ford Park
9. The street address of said property is 8000 Park Lane, Bell Gardens, CA 90201 (If no street address has been officially assigned, insert "none".) Dated Michael B. O'Kelly, City Manager
(Signature of Owner or corporate officer of Owner named in paragraph 2, or his agent)
VERIFICATION
I, the undersigned, say: I am the City Clerk of the City of Bell Gardens, the declarant of the foregoing Notice of Completion:
I have read said Notice of Completion and know the contents thereof; the same is true to my own knowledge. I declare under penalty of perjury that the foregoing is true and correct.
Executed on at Bell Gardens, CA
Daisy Gomez, City Clerk
(Personal signature of the individual who is swearing that the contents of the Notice of Completion are true) Exhibit 1 377
CITY OF BELL GARDENS
OFFICE OF THE CITY MANAGER
AGENDA REPORT
Item 12.
TO:
FROM:
BY:
Honorable Mayor and City Council Members
Michael B. O'Kelly, City Manager
Bernardo I niguez, Director of Public Works/Facilities
Karla Gonzalez, Senior Management Analyst
SUBJECT: CONSIDERATION OF A RESOLUTION APPROVING A MEASURE AANNUAL
ALLOCATION GRANT AGREEMENT WITH THE LOS ANGELES COUNTY REGIONAL
PARK AND OPEN SPACE DISTRICT
DATE: August 12, 2024
RECOMMENDATION:
It is staff's recommendation that the City Council adopt the attached Resolution approving an Allocation Grant Agreement with the Los Angeles County Regional Park and Open Space District for annual Measure A grant funds.
BACKGROUND/DISCUSSION:
The Los Angeles County Safe, Clean Neighborhood Parks and Beaches Measure (Measure A) was passed in November 2016, and it authorizes local funding for park, recreation and open space projects and their maintenance through an annual special tax in the County of Los Angeles.
Measure A makes funding available to eligible recipients for projects that repair and upgrade parks and recreational facilities; create new parks; preserve and protect open spaces and beaches; and support recreational programming.
The program is administered through the Los Angeles County Regional Park and Open Space District (RPOSD).
Measure A funds are distributed into seven funding categories. Each funding category supports specific funding programs, including Annual Allocation. These funds are distributed to specific grantees on an annual basis using set formulas. The City of Bell Gardens receives Measure A Annual Allocation funds under Category 1 (Community Based Park Investment) and Category 2 (Neighborhood Parks, Healthy Communities, & Urban Greening).
In January 2024, the RPOSD updated its Grants Administration Manual (GAM), and under a new process in the GAM, grantees are required to execute a Measure A Annual Allocation Agreement (Agreement) with RPOSD. The Agreement eliminates the need for a grant application and agreement for each individual project. Instead, it allows for a blanket authority to file applications with RPOSD. Additionally it requires an Annual Allocation Work Plan (Work Plan) to be submitted in the Grants Management System portal whenever a grantee wants to utilize its Annual Allocation funds for an eligible project. Upon review of the Work Plan, RPOSD will issue a Notice to Proceed (NTP) for implementation of each eligible project. This NTP process will implement a streamlined format for agencies to access and expend their Annual Allocation funds as it will allow them to begin their projects immediately upon issuance of an NTP.
RPOSD has provided the City with the Agreement, which would remain in effect in perpetuity, unless a new process is subsequently implemented by RPOSD.
378
CONCLUSION:
If approved, staff will process the Agreement for signatures and the City will continue to receive Measure A Annual Allocation funding and submit Annual Allocation Work Plans to the RPOSD for eligible projects and programs.
FISCAL IMPACT:
The City will receive approximately $200,000 annually in Measure A Annual Allocation funds.
ATTACHMENTS:
Exhibit 1 - Resolution No. 2024-61
Exhibit 2 - Measure A Annual Allocation Grant 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 379
RESOLUTION NO. 2024-61
A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF BELL
GARDENS, CALIFORNIA, APPROVING THE MEASURE A ANNUAL
ALLOCATION GRANT AGREEMENT BY AND BETWEEN THE CITY OF
BELL GARDENS AND THE LOS ANGELES COUNTY REGIONAL PARK
AND OPEN SPACE DISTRICT
WHEREAS, the voters of the County of Los Angeles on November 8, 2016, approved the Safe, Clean Neighborhood Parks, Open Space Beaches, Rivers Protection, and Water Conservation Measure ("Measure A"); and
WHEREAS, Measure A also designated the Los Angeles County Regional Park and Open Space District (the "District") to administer said funds; and WHEREAS, the District has set forth the necessary policies and procedures governing the application for grant funds under Measure A; and WHEREAS, the District's policies and procedures require the governing body of the City of Bell Gardens to approve of the filing of an application before submission of said application to the District; and
WHEREAS, said application contains assurances that the City of Bell Gardens must comply with; and
WHEREAS, the City of Bell Gardens will enter into Agreement(s) with the District to provide funds for acquisition projects, development projects, and/or programs.
NOW, THEREFORE, BE IT RESOLVED by the City Council of the City of Bell Gardens as follows:
SECTION 1. The City Council of the City of Bell Gardens hereby finds that the above recitals are true and correct and incorporate them herein by this reference.
SECTION 2. The City Council hereby approves the blanket authority to file applications with the Los Angeles County Regional Park and Open Space District for Measure A Funds for projects or programs in substantially the same form as attached to the Agenda Report accompanying this Resolution.
SECTION 3. The City Council hereby approves the Measure A Annual Allocation Grant Agreement with the District in substantially the same form as attached to the Agenda Report accompanying this Resolution.
SECTION 4. The City Council hereby certifies that the City of Bell Gardens understands the assurances and will comply with the assurances in the application form.
Exhibit 1 380
Resolution No. 2024-61
SECTION 5. The City Council hereby authorizes and directs the City Manager to execute the Measure A Annual Allocation Grant Agreement along with all documents reasonably necessary to effectuate the intent of this Resolution.
SECTION 6. 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 12th day of August, 2024.
THE CITY OF BELL GARDENS
Gabriela Gomez, Mayor
APPROVED AS TO FORM: ATTEST:
Stephanie Vasquez
City Attorney
Daisy Gomez
City Clerk
2 of 3
Exhibit 1 381
Resolution No. 2024-61
I, , City Clerk of the City of Bell Gardens, hereby CERTIFY that City Council Resolution No. was adopted by the Bell Gardens City Council at a regular meeting of the City Council held on , and
was approved and passed by the following vote:
AYES:
NOES:
ABSTAIN:
ABSENT:
Daisy Gomez
City Clerk
3 of 3
Exhibit 1 382
Measure A Annual Allocation Grant Agreement
PARTIES TO AGREEMENT
RPOSD: GRANTEE:
Los Angeles County
Regional Park and Open Space District
1000 South Fremont Avenue, Unit #40
Building A-9 East, Ground Floor
Alhambra, CA 91803
City of Bell Gardens
8000 Park Lane
Bell Gardens, CA 90201
This Annual Allocation Grant Agreement ("Agreement") is made and entered into by and between the City of Bell Gardens ("Grantee") and the Los Angeles County Regional Park and Open Space District ("RPOSD"). Grantee agrees to complete Annual Allocation projects as described in any Notice to Proceed ("NTP"), a subordinate agreement executed wholly within and subject to the provisions of this Agreement, approved by RPOSD, acting through the Director of the County of Los Angeles Department of Parks and Recreation, and pursuant to Measure A.
RECITALS
WHEREAS, RPOSD, acting through the Director of the County of Los Angeles Department of Parks and Recreation and Measure A, is authorized by the County of Los Angeles Board of Supervisors, acting in its capacity as the governing body of the RPOSD, to implement Measure A and administer Measure A grants;
WHEREAS, Grantee is a public entity eligible for Annual Allocation awards; and WHEREAS, this Agreement is authorized by Measure A;
THEREFORE, in consideration of the mutual covenants, promises, and representations herein, RPOSD and Grantee agree as follows:
Definitions
Annual Allocations: Annual grant funds allocated pursuant to Section 5, subdivision (b) of Measure A.
Board of RPOSD: The County of Los Angeles Board of Supervisors acting in its capacity as the governing body of the RPOSD.
Exhibit 2 383
Good Standing: Good Standing is when an agency or organization is in compliance with all requirements stated in the guidelines, policies, and procedures of RPOSD for both Proposition A and Measure A. Good Standing is required of Grantees in order for payment requests to be processed and to receive or apply for any grant funds from RPOSD.
Grants Administration Manual (GAM): The document that details the policies and procedures for administering grants awarded by RPOSD. From time to time, it shall be amended or changed by RPOSD as described in this agreement.
Grants Management System (GMS): The online Grants Management System used by RPOSD to track Measure A grant -funded projects.
Measure A: The Safe, Clean Neighborhood Parks, Open Space, Beaches, Rivers Protection, and Water Conservation Measure to levy a special tax and issuing bonds approved by voters on November 8, 2016.
Notice to Proceed (NTP): A subordinate agreement executed wholly within and subject to the provisions of this Agreement, for the performance of deliverables as described in the Notice to Proceed (Attachment A). Upon issuance by RPOSD, the NTP confirms approval of an identified project and a specified grant amount and authorizes Grantee to commence performance of said project. The NTP shall include the specifics of the approved project, such as the scope of work, funding award, and performance period for the project.
NTP Performance Period: The timeframe within which Grantee is to complete a project as detailed in each Work Plan. Project costs must be incurred within the NTP Performance Period for each project to be eligible for reimbursement.
Project: Acquisition, development, planning and design/or innovation projects utilizing Annual Allocation funding, and as set forth in an executed NTP.
Scope of Work: Grantee's written description of tasks and deliverables for a project, as set forth in the Work Plan.
Work Plan: A plan that details the proposed elements of a project: scope of work, deliverables, timeline, budget, land tenure, perpetuity plan, community engagement plan, funding acknowledgement, and attachments (as needed).
2 Exhibit 2 384
TERMS AND CONDITIONS
Article 1: Conditions
A. This Agreement applies to all grant funds allocated to Grantee for projects which Grantee has applied for, and which have been approved by RPOSD, as evidenced by the issuance of an NTP.
B. The Work Plan and its required attachments, and any subsequent changes or additions approved by RPOSD, are hereby incorporated in this Agreement as though set forth in full.
C. The GAM, and any subsequent changes or additions thereto, and the Measure A Resolution are also hereby incorporated in this Agreement as though set forth in full.
D. As per the approved NTP(s), RPOSD grants the Grantee a sum of money not to exceed the budget amount, in consideration and on the condition that the sum be solely expended for the purposes set forth in the NTP Scope of Work for the approved Work Plan and under the terms and conditions set forth in this Agreement.
E. Grantee acknowledges that it may be required to furnish any additional funds necessary to complete the project approved in the NTP.
F. Any non -recreational use of the project area must be preapproved in writing by RPOSD, and if approved, Grantee agrees that any gross income earned from such non - recreational uses of the project shall be used for recreation development, additional acquisition, operation or maintenance at the project site, unless RPOSD approves otherwise in writing.
G. Grantee agrees that any gross income that accrues to a grant -assisted development project authorized by the NTP during and/or as part of the construction, from sources other than the intended recreational uses, also shall be used for further development of that particular project described in the NTP, unless RPOSD approves otherwise in writing.
Article 2: Term of Agreement
This Agreement is effective upon the date it is fully executed by the Grantee and Director of RPOSD or their designees ("Effective Date") and will remain in effect in perpetuity unless terminated by RPOSD upon written notice.
Article 3: Counterparts and Electronic Signatures
A. This Agreement may be executed in two or more counterparts, each of which shall be deemed an original but all of which together shall constitute one and the same Agreement. The email or electronic signature of the parties shall be deemed to 3 Exhibit 2 385
constitute original signatures, and electronic copies hereof shall be deemed to constitute duplicate originals.
B. RPOSD and Grantee hereby agree to regard electronic representations of original signatures of authorized officers of each party, when appearing in appropriate places on the Amendments and received via communications facilities (email or electronic signature), as legally sufficient evidence that such legally binding signatures have been affixed to Amendments to this Agreement.
Article 4: Grant Funds
Grantee will not be entitled to any payment by RPOSD under this Agreement except pursuant to an authorized NTP for each project. Grant funds will be disbursed and used solely by the Grantee in accordance with the Work Plan defined in the NTP for each project, subject to the provisions of this Agreement. Grantee may not combine or carryover funds remaining in one project to another. Grantee understands that grant funds are not a gift and agrees that RPOSD is granting funds for Grantee to complete the work authorized in each NTP.
Article 5: Expenditure of Grant Funds and Allocation of Funds Between Budget Items Grantee shall expend grant funds consistent with the approved NTP, which incorporates by reference the Work Plan. Any revisions to the budget that attempts to shift funds from approved budget items into a different category must be identified in a revised Work Plan within the GMS and approved in advance by RPOSD. RPOSD may withhold payment for items which exceed the amount allocated in the Work Plan which have not received the approval required herein. Any RPOSD approved increase in the funding for any budgeted item may result in a corresponding decrease in the funding for one or more other budgeted items.
Article 6: Project Costs and Reimbursements
RPOSD shall reimburse to Grantee, in accordance with the authorized NTP's budget, a total amount not to exceed the amount of the NTP, as follows:
A. RPOSD shall reimburse funds for eligible costs incurred to date, up to 90% of the grant amount specified in the NTP, upon the Grantee's satisfactory progress and upon submission of an electronic claim form(s), which shall be submitted no more frequently than every 45 days. RPOSD shall disburse the final 10% upon the Grantee's satisfactory completion of the project, submission of required documentation, and approval by RPOSD. Project costs must be incurred within the NTP Performance Period to be eligible for reimbursement.
B. Grantee shall request reimbursements by submitting a claim to RPOSD through the GMS and complete all forms and requirements of the claim process. RPOSD will only 4 Exhibit 2 386
reimburse for actual costs incurred and verified. The form shall also indicate cumulative expenditures to date and expenditures during the reporting period.
C. Claim for reimbursement must be signed by Grantee's authorized representative.
Each claim form shall be accompanied by:
1. All receipts and any other source documents for direct expenditures and costs that Grantee seeks reimbursement for.
2. Invoices from vendor(s) that Grantee engaged to complete any portion of the work funded under this Agreement and proof of payment (credit card statement, cleared checks) and any other source documents for costs incurred and expenditures by any such vendor(s), unless RPOSD makes a specific exemption in writing.
D. RPOSD, in its sole discretion, may deny reimbursement requests that do not comply with reimbursement requirements or lack sufficient documentation.
Article 7: Indirect Overhead Costs
Grantee may request reimbursement of its indirect overhead costs in accordance with the GAM.
Article 8: Project Completion
Grantee shall complete the project by the Performance Period identified in the approved NTP.
Upon completion of a project, Grantee shall provide RPOSD with evidence of completion by submitting:
1. All deliverables specified in the Work Plan, each in a format(s) approved by RPOSD (for example, paper, digital, photographic);
2. Electronic submission of the final claim;
3. All required documentation as required by RPOSD.
5 Exhibit 2 387
Article 9: Deed Restriction
Grantee shall cause to be recorded on the title of any real property acquired and/or developed with funds from the Measure, a deed restriction requiring compliance with the Measure A resolution, in perpetuity consistent with the applicable provisions in the GAM.
Article 10: Funding Acknowledgement
Grantee is required to acknowledge RPOSD's financial assistance for each project that has been awarded funding consistent with the conditions set forth in the GAM, which may include, without limitation: (1) printed and promotional materials, (2) social media, and (3) project signage.
Article 11: Severability
If any provision of this Agreement is found or deemed by a court of competent jurisdiction to be invalid or unenforceable, it shall be considered severable from the remainder of the Agreement and shall not cause the remainder to be invalid or unenforceable.
Article 12: Change of Use/Disposal
To use the property only for the purposes of Measure A and to make no other use, sale, or disposition of the property, except as described in Paragraph (A). (A) If the use of the property acquired through grants pursuant to this resolution is changed to one other than a use permitted under the category from which the funds were provided, or the property is sold or otherwise disposed of, an amount equal to the (1) amount of the grant, (2) the fair market value of the real property, or (3) the proceeds from the portion of such property acquired, developed, improved, rehabilitated or restored with the grant, whichever is greater, shall be used by the recipient for a purpose authorized in that category or shall be reimbursed to the Parks Fund and shall be available for a use authorized in that category.
If the property sold or otherwise disposed of is less than the entire interest in the property originally acquired, developed, improved, rehabilitated or restored with the grant, an amount equal to the proceeds or the fair market value of the property interest sold or otherwise disposed of, whichever is greater, shall be used by the Grantee for a purpose authorized in that category or shall be reimbursed to the Parks Fund and be available for a use authorized in that category. Nothing in this Section shall limit a Public Agency from transferring property acquired pursuant to this order to the National Park Service or the State Park System, with or without consideration. 6 Exhibit 2 388
In either instance, Grantee must provide documentation to RPOSD detailing the benefits that the disposal or partial disposal of property will provide to the residents of Los Angeles County, consistent with Measure A.
Article 13: Community Outreach and Engagement
Grantee must conduct community outreach and engagement that meet the minimum requirements, as defined in the GAM, with the intent to ensure that communities throughout Los Angeles County are aware of and can help determine spending priorities for their projects, and to facilitate a transparent process by which agencies report use of Measure A funds.
Article 14: Indemnification and Hold Harmless
Grantee shall indemnify, defend and hold RPOSD, its officers, and employees harmless from and against any and all liability to any third party for or from loss, damage or injury to persons or property in any manner arising out of, or incident to, the performance of this Contract or the planning, arranging, implementing, sponsoring or conducting of the Project or any other operation, or activity by the Grantee; and from all costs and expenses, including attorney's fees, in any action or liability arising under this Contract or the planning, arranging, implementing, sponsoring or conducting of the Project or any other operation, or activity by the Grantee. RPOSD shall have no liability for any debts, liabilities, deficits, or cost overruns of the Grantee. Grantee and RPOSD agree that the liability of the RPOSD hereunder shall be limited to the payment of the grant monies pursuant to the terms and conditions of this Agreement and the GAM. Any contracts entered into, or other obligations or liabilities incurred by, Grantee in connection with the Project or otherwise relating to this Agreement shall be the sole responsibility of Grantee, and RPOSD shall have no obligation or liability whatsoever thereunder or with respect thereto.
Article 15: Performance and Development
A. Grantee agrees to promptly submit any reports or documentation that RPOSD may request.
B. If the project described in the approved NTP includes development, Grantee shall ensure that projects adhere to environmental and sustainability efforts consistent with the Safe, Clean Neighborhood Parks, Healthy Communities and Urban Greening Program; Natural Lands, Open Spaces and Local Beaches, Water Conservation and Watershed Protection Program; Regional Recreation Facilities, Multi -Use Trails and Accessibility Program. Examples including but are not limited to: sustainability, cost - saving energy efficiency, weatherization, stormwater capture, water efficiency, including irrigation efficiency, use of reclaimed water or stormwater, and use of climate and site appropriate native California tree and plant materials. 7 Exhibit 2 389
C. If the project described in the approved NTP includes acquisition of real property, Grantee agrees to furnish RPOSD with evidence of title, such as preliminary title reports. RPOSD, at its sole discretion, shall determine whether the evidence is acceptable under this Agreement. Grantee agrees in negotiated purchases to correct, prior to or at the close of escrow, any defects of title that in the opinion of RPOSD might interfere with the operation of the Project. In condemnation actions, such title defects must be eliminated by the final judgment.
Article 16: Amendments
As provided herein, no amendment (including without limitation, deletions) of any of the terms or conditions of the Agreement will be effective unless provided in writing signed by all parties. It is the responsibility of Grantee to ensure that any person who signs an amendment on its behalf is duly authorized to do so.
Article 17: Compliance with Laws
Grantee shall at all times comply with all applicable federal, state and local laws, statutes, rules, regulations, ordinances, directives, guidelines, and policies and procedures.
Article 18: Governing Law, Jurisdiction, and Venue
This Agreement will be governed by, and construed in accordance with, the laws of the State of California. Grantee agrees and consents to the exclusive jurisdiction of the courts of the State of California for all purposes regarding this Agreement and further agrees and consents that venue of any action brought hereunder will be exclusively in the County of Los Angeles.
Article 19: Notices
All notices permitted or required to be given under this Agreement shall be in writing by mail with an email copy to [email protected].
Article 20: Audits, Accounting, Records
A. Grantee agrees to maintain accurate and complete financial records of its activities and operations relating to this Agreement and for each executed NTP in accordance with generally accepted accounting principles.
B. Grantee also agrees to retain such financial accounts, documents and records for a minimum of five (5) years following completion of each project.
C. Grantee and RPOSD agree that during regular office hours, RPOSD or its duly authorized representatives shall have the right to inspect and make copies of any books, records or reports of the other party pertaining to this Agreement or matters 8 Exhibit 2 390
related thereto. Grantee agrees to maintain, and make available for RPOSD inspection, accurate records of all its costs, reimbursements and receipts with respect to its activities under this Agreement.
At any time during the term of this Agreement or at any time within five years after termination of this Agreement, authorized representatives of RPOSD may conduct an audit of Grantee for the purpose of verifying appropriateness and validity of expenditures that Grantee has submitted to RPOSD for reimbursement under the terms of this Agreement.
D. Grantee, within thirty (30) days of notification that an audit has resulted in the exception of expenditures, may dispute the audit findings in writing to RPOSD and provide RPOSD with records and/or documentation to support the expenditure claims.
RPOSD shall review this documentation and make a final determination as to the validity of the expenditures.
E. If Grantee has received all grant monies prior to the audit, or if remaining grant monies are insufficient, and if said audit reveals expenditures that cannot be verified or that were paid in violation of the terms of this Agreement, Measure A or the GAM, Grantee shall pay RPOSD an amount equal to these expenditures within sixty (60) days after receiving written notification of the expenditures disallowed and the reason for the disallowance.
Article 21: Computer Software
Grantee certifies that it has instituted and will employ systems and controls appropriate to ensure that, in the performance of this Agreement, RPOSD funds will not be used for the acquisition, operation or maintenance of computer software in violation of copyright laws.
Article 22: Nondiscrimination
Grantee shall not discriminate against any person on the basis of race, color, sex, sexual orientation, age, religious belief, national origin, marital status, physical or mental handicap, medical condition, or place of residence in the use of any property or facility acquired or developed pursuant to this Agreement.
Article 23: Independent Capacity
This Agreement is by and between RPOSD and Grantee and is not intended to create the relationship of agent, servant, employee, partnership, joint venture, or association, as between RPOSD and Grantee. The employees and agents of one party must not be, or be construed to be, the employees or agents of the other party for any purpose whatsoever.
Article 24: Assignment
9 Exhibit 2 391
Grantee shall not assign, exchange, transfer, or delegate its rights or duties under this Agreement, whether in whole or in part, without the prior written consent of RPOSD, in its discretion.
Article 25: Good Standing
Good Standing is required of Grantees to receive any grant funds and processing of claims from RPOSD.
Article 26: Timeliness
Time is of the essence in this Agreement.
Article 27: Publicity of Project Information
Grantee shall give RPOSD the right and opportunity to use information gained from a project described in the approved NTP.
A. Grantee agrees to utilize best efforts to provide a minimum of 30 days' notice of the project grand openings, inauguration, dedications, significance, and completion to RPOSD staff and to the County Supervisor's Office in which the project described in a work plan is located, as well as to other appropriate public officials.
B. Grantee shall provide quality digital photographs of the pre -construction site and completed project described in the work plan to RPOSD. If unable to provide digital photographs (collectively, "Photographs") then Grantee shall provide quality printed Photographs of the completed project described in the work plan.
Article 28: Authorization Warranty
Grantee represents and warrants that the person executing this Agreement on behalf of Grantee is an authorized agent who has actual authority to bind Grantee to each and every term, and condition, and obligation of this Agreement and that all requirements of the Grantee have been fulfilled to provide such actual authority.
Article 29: Conflict of Interest
A. No RPOSD employee whose position with RPOSD enables such employee to influence the award of this Agreement or any subsequent NTP, and no spouse or economic 10 Exhibit 2 392
dependent of such employee, shall be employed in any capacity by Grantee or have any other direct or indirect financial interest in this Agreement. No officer or employee of Grantee who may financially benefit from the performance of work hereunder shall in any way participate in RPOSD's approval, or ongoing evaluation, of such work, or in any way attempt to unlawfully influence RPOSD's approval or ongoing evaluation of such work.
B. Grantee shall comply with all conflict of interest laws, ordinances, and regulations now in effect, or hereafter to be enacted, during the term of this Agreement. Grantee warrants that it is not now aware of any facts that create a conflict of interest. If Grantee hereafter becomes aware of any facts that might reasonably be expected to create a conflict of interest, it shall immediately make full written disclosure of such facts to RPOSD. Full written disclosure shall include, but is not limited to, identification of all persons implicated and a complete description of all relevant circumstances.
Failure to comply with the provisions of this Article 30 shall be a material breach of this Agreement.
Article 30: Validity
If any provision of this Agreement or the application thereof to any person or circumstance is held invalid, the remainder of this Agreement and the application of such provision to other persons or circumstances shall not be affected thereby.
Article 31: Waiver
No waiver by RPOSD of any breach of any provision of this Agreement shall constitute a waiver of any other breach or of such provision. Failure of RPOSD to enforce at any time, or from time to time, any provision of this Agreement shall not be construed as a waiver thereof. The rights and remedies set forth in this Article shall not be exclusive and are in addition to any other rights and remedies provided by law or under this Agreement.
Article 32: Long Term Obligations
A. With the written consent of RPOSD, Grantee may transfer property acquired with funds granted under this Agreement to another public agency; to a nonprofit organization authorized to acquire real property for park, wildlife, recreation, community, open space, or gang prevention and intervention purposes; or to the California Department of Parks and Recreation, National Park Service, or the US Forest Service, at de minimis cost, provided that approval by RPOSD is obtained prior to the change and any such successor to the recipient assumes the obligations imposed under the Measure and to accept assignment of this Agreement. Under these conditions, Grantee shall not be required to reimburse RPOSD. Any such transfer must require the nonprofit or public entity acquiring the property to enter into a written contract with RPOSD and agree to comply with the terms of Measure A and this Agreement. 11 Exhibit 2 393
B. Grantee agrees to provide for reasonable public access to lands acquired in fee with grant monies, including the provision of parking and public restrooms, except when that access may interfere with resource protection.
C. All facilities shall be open to members of the public generally, as noted in the GAM.
Grantee agrees that property and facilities acquired or developed with Measure A funds as per this Agreement shall be available for inspection upon RPOSD's request, in perpetuity.
D. Grantee agrees to maintain and operate in perpetuity the property acquired, developed, rehabilitated or restored with grant monies, subject to the provisions of Measure A and this Agreement.
E. Grantee agrees to take all reasonable measures to actively oppose, at its sole expense, any proposal or attempt to act upon, exercise, or assert claims as to reserved rights to the grant funded property that are contrary to the purposes of Measure A, GAM and/ or this Agreement, including but not limited to oil, gas, and other hydrocarbon substances; minerals; water; and/or riparian resources. The above notwithstanding, Grantee has no obligation hereunder to initiate litigation challenging any project or proposal based on a reserved right lawfully recorded against the grant funded property in real property records maintained by the Los Angeles County Recorder's Office.
Article 33: Breach
A. Grantee agrees that compliance with the terms of this Agreement will have significant benefits to Los Angeles County and its constituents. Because such benefits exceed the amount of funds furnished under these provisions, Grantee agrees that any breach would result in incalculable loss, and therefore, any payment by the Grantee to RPOSD of an amount equal to the amount of the funds would be inadequate compensation.
In the event that Grantee breaches any of the terms, covenants, representations, or conditions of this Agreement, RPOSD may elect to enforce any and all remedies available at law or in equity, including without limitation, any of the following:
1. Prior to reimbursement of funds:
a. Withdrawal of an approved NTP;
2. After payment (partial or full) of a specific project approved through an NTP:
a. Seek specific performance of Grantee's obligations under this Agreement; b. Receive reimbursement of grant funds awarded under the NTP.
B. If RPOSD brings an action to enforce the terms of this Agreement, Grantee shall be responsible to pay RPOSD's attorney's fees and costs, including expert witness costs, if RPOSD prevails in said action.
12 Exhibit 2 394
C. The foregoing remedies are cumulative and may be exercised independently or in combination and are not exclusive to one another or to any other remedies available at law or in equity. In the event RPOSD must pursue any remedy hereunder and is the substantially prevailing party, RPOSD shall be awarded its costs and reasonable legal fees, including costs of collection.
Article 34: NTP Termination
RPOSD may withdraw, in whole or in part, an NTP and/or terminate this Agreement, and/or seek a refund of payments already made if RPOSD determines in its discretion that:
1. Facts have arisen, or situations have occurred, that fundamentally alter the expectations of the parties or make the purposes for an NTP or grant funds approved as contemplated infeasible or impractical;
2. Any material modifications in the scope or nature of a project have occurred from that which was presented in the NTP and such material modifications have not received the prior written approval of RPOSD;
3. Any statement or representation made by Grantee in the NTP, the grant status update report, and back up documents, or is otherwise untrue, inaccurate or incomplete in any material respect;
4. The results of RPOSD's review of the grant status update report are not acceptable to RPOSD;
5. The project described in the NTP will not or cannot be completed by the NTP Performance Period or any extensions granted thereto or delays in the implementation of the project have occurred which, in RPOSD's judgment, make the project impracticable;
6. Title to or encumbrances against the property are or become such that the Grantee is unable to complete the project described in the NTP and/or the property becomes unavailable for public use.
Article 35: Regulatory Requirements
A. Grantee will not enter into any contract, agreement, lease or similar arrangement, or agree to any amendment or modification to an existing contract, agreement, lease or similar arrangement, that in RPOSD's opinion, violates federal regulations restricting the use of funds from tax-exempt bonds. Any proposed operating contracts, leases, concession contracts, management contracts or similar arrangements with non- governmental entities that restrict the public use of the project site for (30) thirty consecutive days or more, must be reviewed by RPOSD prior to awarding as they relate to the project or project site in perpetuity. Any such contracts in existence must be disclosed prior to construction.
13 Exhibit 2 395
B. Grantee (or its representative) shall comply as lead agency with the California Environmental Quality Act (CEQA), Public Resources Code, Section 21000, et. seq.
CEQA documents must be recorded with and stamped by the Los Angeles County Registrar Recorder.
Grantee shall add RPOSD to the notification list for CEQA requirements as stated in the GAM.
C. Grantee and RPOSD will conform to the requirements of Government Code Section 7920.000, et seq. in making all documents relating to this Agreement, the grant obtained and all other related matters available for public review during regular business hours. If an NTP involves acquisition of property, however, both RPOSD and Grantee may withhold from public review any and all documents exempted under Section 7928.705, prior to completion of said acquisition.
D. If RPOSD is required to defend an action on a Public Records Act request for any of the contents of a Grantee's submission under the terms and conditions of the Agreement, Grantee agrees to defend and indemnify RPOSD from all costs and expenses, including attorneys' fees, in any action or liability arising under, or related to, the Public Records Act.
E. In order to maintain the exclusion from gross income for federal income tax purposes of the interest on any bonds, notes or other evidences of indebtedness issued for the purpose of providing the grant monies made available in this Agreement, Grantee covenants to comply with each applicable requirement of Section 103 and Sections 141 through 150, inclusive, of the Internal Revenue Code of 1986, as amended. In furtherance of the foregoing covenant, Grantee hereby agrees that it will not, without the prior written consent of RPOSD, (a) permit the use of any portion of the project(s) by any private person or entity, other than on such terms as may apply to the public generally; or (b) enter into any contract for the management or operation of the project or any portion thereof, except with a governmental agency or a nonprofit corporation that is exempt from federal income taxation pursuant to Section 501(c)(3) of the Internal Revenue Code.
F. Grantee and each County lobbyist or County lobbying firm, as defined in Los Angeles County Code Section 2.160.010, retained by the Grantee, shall fully comply with the County Lobbyist Ordinance, Los Angeles County Code Chapter 2.160. Failure on the part of Grantee or any County lobbyist or County lobbying firm to fully comply with the County Lobbyist Ordinance shall constitute a material breach of this Agreement, upon which RPOSD may terminate or suspend this Agreement.
14 Exhibit 2 396
IN WITNESS WHEREOF, Grantee and RPOSD have caused this Agreement to be executed by their duly authorized representatives as of the latter day, month and year written below.
GRANTEE:
By:
Signature of Authorized Representative
Name:
Title: _
Date:
LOS ANGELES COUNTY REGIONAL PARK
AND OPEN SPACE DISTRICT:
By:
Director / Administrator
Date:
Agreement No. A09
15 Exhibit 2 397
ATTACHMENT A
Date
Grantee Information
NOTICE TO PROCEED
REGIONAL PARK AND OPEN SPACE DISTRICT (RPOSD)
AGREEMENT NO. (ENTER NUMBER)
NTP NO. (ENTER NUMBER)
STUDY AREA NO. (ENTER NUMBER)
(ENTER NAME OF ANNUAL ALLOCATIONS PROJECT)
This Notice to Proceed ("NTP"), a subordinate agreement executed wholly within and subject to the provisions of Agreement No. (Enter Number), dated (Enter Date) ("Agreement"), confirms approval of your Annual Allocations Project, as described in your Work Plan dated (Enter Date), for the project described as (Enter Project) ("Project").
1. Scope of Work
2. NTP Performance Per
This Project shall be completed by the NTP Performance Period (Enter Date).
3. Grant Amount
The total maximum amount RPOSD will reimburse Grantee for this Project is (Enter Amount), including related reimbursable expenses as specified. Any items where cost estimates exceed the approved budget, require prior written authorization from RPOSD.
4. Reimbursement
a. Grantee must complete all required deliverables identified in the attached Work Plan.
b. The total reimbursement from RPOSD for all deliverables may not exceed Grant Amount, identified in the Grant Amount.
c. Ensure NTP NO. (Enter Number) appears on invoices submitted to RPOSD for purposes of reimbursement.
Exhibit 2 398
ATTACHMENT A
All terms of the Agreement which authorize this NTP, will remain in full force and effect. The terms of the Agreement will govern and take precedence over any conflicting terms or conditions in this NTP. This NTP must be in compliance with the terms and conditions of the Agreement to be valid or binding.
At Grantee's written request, this NTP may be amended subject to RPOSD's sole discretion and prior approval. Amendments are to be limited to modifications of the Performance Period, Scope of Work, or Grant Amount.
APPROVED BY:
RPOSD Representative
Date:
2 Exhibit 2 399
CITY OF BELL GARDENS
OFFICE OF THE CITY MANAGER
AGENDA REPORT
Item 13.
TO:
FROM:
BY:
SUBJECT:
DATE:
Honorable Mayor and City Council Members
Michael O'Kelly, City Manager
Daisy Gomez, City Clerk
LOCAL COMMISSIONS APPOINTMENT LIST
August 12, 2024
RECOMMENDATION:
It is staff's recommendation that the City Council review the Commissions Appointments List and by motion, remove commissioners and/or make appointments to the posted vacancies.
BACKGROUND/DISCUSSION:
The Local Appointments List includes all Bell Gardens Commissions and Commissioners. The City Council adopted Ordinance No. 825 on July 13, 2009 establishing minimum requirements for service on commissions. All Commissioners must reside within the City of Bell Gardens and may only serve on one Commission at a time. Once appointed, each Commissioner must adhere to the requirements of the City's Conflict of Interest Code and state - mandated AB 1234 ethics training and AB 1661 harassment training.
Ordinance No. 825 allows each Council Member to remove or appoint one candidate per Commission, subject to the approval of the Council majority. Appointed Commission Members serve terms that coincide with the term of the Council Member who made the appointment.
CONCLUSION:
After an appointment is made, Commission members will receive their Oath of Office before beginning service with their respective Commission at the next regularly scheduled Commission meeting. The City Clerk's Office will arrange for the proper filing of Conflict of Interest Code forms and schedule trainings for AB 1234 and AB 1661.
FISCAL IMPACT:
No fiscal impact.
ATTACHMENTS:
Exhibit 1 - Notice of Vacancies
APPROVED ELECTRONICALLY BY:
Michael B. O'Kelly, City Manager
Stephanie Vasquez, City Attorney and/or Susie Altamirano, Assistant City Attorney Manuel Carrillo, Director of Finance and Administrative Services 400
CITY OF BELL GARDENS
NOTICE OF COMMISSION VACANCIES
AND ACTIVE COMMISSIONERS
The City Council is seeking applications for the following vacancies:
NAME
VACANT
Barcena
5/29/2024
Miguel Flores
Victoria Mirembe
APPOINTED BY
Chavez
Gomez
VACANCY
POSTED
APPOINTMENT
DATE
3/22/2021
11/13/2023
Jeanette Beltran
Pulido
12/11/2023
Ernesto Ramirez
Barcena
04/08/2024
Miguel De La Rosa
Gustavo Mendez
Chavez
Gomez
1/11/2021
8/28/2023
Andrew Leon
Oscar Boado
Pulido
11/13/2023
9/11/2023
Sanchez
Isabel Duron
Barcena
1/9/2023
Erika Cabrera
Chavez
Gomez
3/11/2024
Katelynn Cabrera
Cindy Alvarado
Carmen Vargas
Pulido
Sanchez
10/23/2023
2/27/2023
7/22/2024
Ana Maria Sanchez Flores
Barcena
1/9/2023
VACANT
Mayra Teresa Yanez
VACANT
Chavez
Gomez
Pulido
3/12/2024
04/09/2024
7/22/2024
Stephanie Perez
Sanchez
1/23/2023
David Heredia
Barcena
1/9/2023
VACANT
Chavez
7/23/2024
Raul Velasco
Gomez
10/9/2023
Jayson Gavilanes
Hugo Alvarado
Pulido
Sanchez
1/11/2021
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
SONIPk1 8/5/2024
401
CITY OF BELL GARDENS
OFFICE OF THE CITY MANAGER
AGENDA REPORT
Item 14.
TO:
FROM:
BY:
Honorable Mayor and City Council Members
Michael B. O'Kelly, City Manager
Paul Camacho, Chief
Rigoberto Barrios, Administrative Lieutenant
SUBJECT: CONSIDERATION OF FRANCHISE AGREEMENT FOR POLICE ORDERED TOWING
AND STORAGE SERVICES
DATE: August 12, 2024
RECOMMENDATION:
It is staff recommendation that the City Council adopt the attached Resolution authorizing the City Manager to execute a Non -Exclusive Franchise Agreement for vehicle towing and storage services with the selected Vendor, subject to approval by City Attorney.
BACKGROUND/DISCUSSION:
On October 14, 2019, the City entered into a Towing Services Non -Exclusive Franchise Agreement ("Existing Agreement") with Mr. C's Towing of South Gate, Inc. for a term of five (5) years, which is set to expire on October 14, 2024. The Existing Agreement also includes a renewal option for an additional five-year term. Per the terms of the Existing Agreement, on March 30, 2024, Mr. C's Towing of South Gate, Inc. requested the additional extension offered. On April 8, 2024, the City Council denied the extension and opted to go through the Request for Proposal process for towing services.
On April 29, 2024, a notice for a Request for Proposal ("RFP") for a Non -Exclusive Franchise Agreement for Towing and Storage Services was released. Mr. C's Towing of South Gate, Inc. was the only proposer that submitted a response to the RFP.
Given that only one proposal was submitted, Staff decided to reissue the RFP on June 4, 2024. Three (3) proposals were received as follows:
1. Mr. C's Towing of South Gate, Inc.
2. F&G Towing, Inc. DBA Helms and Hill Tow
3. Hirad Inc., DBA AM PM Towing
All of the proposals were reviewed, to ensure that the proposers met the criteria outlined in the RFP, which included, but was not limited to, the following:
Thoroughness and quality of the response to the RFP and completed and satisfactory responses to the RFP. • Company's overall experience with engagements of similar scope. • Company's technical experience.
402
• Technical background, experience, tenure, and availability of the assigned members. • Management of the company and the impression of the quality of staff. • The ability to effectively communicate and work with City officials and staff members in a highly professional capacity.
• References provided and satisfactory responses from prior references for the proposed company. • Acceptability of proposed fee, costs structure(s).
• Community involvement.
Additionally, the RFP stated that proposers are required to have a current contract with the California Highway Patrol (CHP). The CHP conducts comprehensive annual inspections of their tow vendors, including tow vehicles and storage lots, proper licensing of vendors and drivers, citizen complaints, and the company's overall safety record.
This evaluation held considerable credibility with the Police Department and was utilized to determine the suitability of prospective companies before further consideration was given during our selection process.
Consideration was also given to proposed fees charged for towing and storage, the company's proximity to the Bell Gardens Police Department, access to community members, thoroughness of recordkeeping, and response times to tow requests from other police departments currently in an agreement with the proposer.
After the proposal review process, each towing company received a ranking based on the criteria outlined in the RFP. The following is the order in which the proposers were ranked:
1. Mr. C's Towing of South Gate, Inc. has operated since 2002. They have a yard in the City of South Gate and one in the City of Huntington Park. Mr. C's Towing of South Gate employs 27 drivers, and their response time is 10 minutes on average. Their hours of operation are 8 a.m. to 7 p.m., and after -hour services are available upon request. The company has been evaluated, and the level of service satisfies the requirements of the RFP. Mr. C's Towing of South Gate, Inc. is currently City's vendor City; hence, their experience with the City, including the timeliness of fee payments tendered to the City, was was taken into consideration.
Mr. C's Towing of South Gate, Inc. proposes fees of $230.00 for towing for passenger cars, trucks, and trailers over 1 ton, motorcycles, and all other vehicles, $330.00 for heavy-duty vehicles, and $75.00 per day for storage of all vehicles. The distance from the Bell Gardens Police Department to the storage yard is 3.2 miles. The company is capable of indoor storage of 30 vehicles, outdoor storage of 895 vehicles, and evidence storage for ten vehicles, monitored by cameras. Mr. C's Towing also has a very high level of community involvement within South Gate and the City of Bell Gardens; they have participated with the Lions Club, Boys and Girls Club, and City functions such as the State of the City. They also have a current contract with CHP, South Gate Police Department, Huntington Park Police Department, and remain in good standing.
2. Helms and Hill Tow was founded in 2010 and operates in the City of Montebello. Their fleet includes 15 trucks and approximately 15 drivers. Their hours of operation are from 8 a.m. to 5 p.m.; however, they offer after-hours service upon request. Helms and Hill Tow estimate their response time to be 15 minutes or less. They will also commit to staging tow trucks closer to Bell Gardens to cut down on response time.
Helms and Hill Tow proposes fees of $265.50 for towing for passenger cars, motorcycles, and all other vehicles, 403
$450.00 for heavy-duty vehicles, trucks, and trailers over 1 ton, and $85.00 per day for storage of all vehicles except trucks and trailers over 1 ton, which is $110.00 per day. The distance from the Bell Gardens Police Department to the storage yard is 3 miles. The company is capable of outdoor storage of 225 vehicles and evidence storage for six vehicles, which is monitored by cameras. Helms and Hill Tow has participated in a catalytic converter stamping project with Montebello P.D. and the Pico Rivera Sheriffs Department. Their community outreach includes involvement with the Montebello P.D. Explorer post, the Kiwanis Club, and the City of Montebello functions. They also have a contract with CHP, A.A.A., the Montebello Police Department, and the Los Angeles County Sheriffs Pico Rivera station.
3. Hirad Inc., DBA AM -PM Towing has been operating out of the City of Bell Gardens for over 30 years. The new ownership has brought new ideas and the motivation to provide police towing services. AM -PM Towing's parent company is Hadley Tow, located in the City of Whittier. AM -PM Towing employs 25 drivers and has a fleet of 23 tow trucks. AM -PM Towing commits to the response times listed in the RFP, and their hours of operation are from 8 a.m. to 7 p.m., with after-hours services made available upon request. AM -PM Towing will sometimes depend on Hadley Tow for heavy towing equipment or support, which can increase response times.
Hirad Inc., DBA AM -PM Towing proposes fees of $260.00; however, the proposal does not specify what vehicles, and $75.00 per day for storage of all vehicles. AM -PM will charge $130.00 for miscellaneous services (winching/ clean-up/ fuel service/ after-hours release). The distance from the Bell Gardens Police Department to the storage yard is half a mile. The company is capable of outdoor storage for 60 vehicles and evidence storage for six vehicles, which was incomplete and under construction at the time of the visit. AM -PM Towing's community involvement includes support to CHP with philanthropic projects and the Tipsy -Tow program, which helps drivers under the influence get home. AM -PM Towing also donates to local youth sports programs, including the Boys and Girls Club.
AM -PM Towing is also involved with the Los Angeles County Fire Department and the SELA Kiwanis Club. They also have a current contract with CHP and A.A.A.
Staff evaluated the tow fees from several surrounding cities, along with fees listed in the proposals and determined that the proposers' fees fell within the industry standard.
CONCLUSION:
After a thorough review of proposals and site visits, responsive and qualified proposers were ranked on their demonstrated understanding, cost to the community, response times, capabilities, facility, equipment, and overall service.
FISCAL IMPACT:
The three proposers agree to pay the City a "franchise fee" of $36,000.00, or $12,000.00 per year. The initial $12,000 fee is due from the operator within 30 days from the date the City of Bell Gardens awards the Towing Services Non -Exclusive Franchise Agreement.
ATTACHMENTS:
Exhibit 1 - Resolution No. 2024-63
RFP
Proposals Submitted
Mr. C's Towing of South Gate
Helms and Hill Tow
AM PM Tow
404
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
RESOLUTION NO. 2024-63
A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF BELL
GARDENS, CALIFORNIA, AUTHORIZING A NON-EXCLUSIVE
FRANCHISE AGREEMENT FOR POLICE ORDERED TOWING AND
STORAGE SERVICES
WHEREAS, the City of Bell Gardens ("City") issued a Request for Proposal ("RFP") soliciting proposals for Police Ordered Towing and Storage Services; and WHEREAS, Staff received three (3) proposals which were reviewed for completeness and responsiveness to the RFP requirements; and WHEREAS, City desires to enter into a Non -Exclusive Franchise Agreement for Police Ordered Towing and Storage Services.
NOW, THEREFORE, BE IT RESOLVED by the City Council of the City of Bell Gardens as follows:
SECTION 1. The City Council hereby finds and determines that the foregoing recitals are true and correct, constitute a material part of this Resolution, and therefore incorporate them herein in their entirety as part of the findings.
SECTION 2. The City Council hereby finds that the City has complied with its local purchasing policy and state law through the issuance of a Request for Proposals.
SECTION 3. The City Council hereby approves a Non -Exclusive Franchise Agreement for Police Ordered Towing and Storage Services with the selected vendor.
SECTION 4. The City Council further authorizes the City Manager to execute a Non -Exclusive Franchise Agreement for Police Ordered Towing and Storage Services with the selected vendor, subject to City Attorney approval, and consistent with this Resolution, along with any ancillary documents reasonably necessary to effectuate the intent of this Resolution.
SECTION 5. The City Clerk shall attest and certify to the passage and adoption of this Resolution and enter it into the book of original resolutions, and it shall become effective immediately upon its approval.
[Signatures on the following page]
Exhibit 1 406
Resolution No. 2024-63
PASSED, APPROVED, AND ADOPTED this 12th day of August, 2024.
THE CITY OF BELL GARDENS
Gabriela Gomez, Mayor
APPROVED AS TO FORM: ATTEST:
Stephanie Vasquez
City Attorney
2 of 2
Daisy Gomez
City Clerk
Exhibit 1 407
REQUEST FOR PROPOSALS
POLICE ORDERED TOWING & STORAGE
SERVICES
RFP Release Date
Tuesday, June 4, 2024
Proposal Submittal Deadline
Monday, July 8, 2024, at 4:OOpm
Contact Person:
Lieutenant Rigoberto Barrios
City of Bell Gardens
7100 Garfield Avenue
Bell Gardens, CA 90201
rbarrios c(�bgpd.orq
(562) 806-7687
Exhibit 2 408
TABLE OF CONTENTS 2
3 II. SUBMITTAL PROCEDURES/DEADLINE 4
4 IV. TERMS AND CONDITIONS 4
V. SCOPE OF SERVICES 8
VI. INSURANCE REQUIREMENTS 13
16 VIII. PROPOSAL FORMAT AND CONTENT REQUIREMENTS 17
IX. EVALUATION CRITERIA 19
X. SELECTION PROCESS 20
III. SCHEDULE
TABLE OF CONTENTS
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I. INTRODUCTION
VII. INDEMNIFICATION
Exhibit 2 4139
The City of Bell Gardens ("City") is located approximately 15 miles southeast of Los Angeles. The City contains 2.4 square miles of land area. The City has a population of 37,927. The City was incorporated in 1961. The City is governed by a five -member City Council, elected at large to serve alternating four-year terms. The Council elects one Council Member annually to serve as the Mayor. The City operates under the Council and City Manager form of Government. The City Manager is appointed by the City Council to administer municipal affairs.
In 2023, the City and the Bell Gardens Police Department ("Police Department") stored or impounded approximately 1,005 vehicles. These vehicles were stored for a variety of reasons, including, illegal parking, public nuisance, evidence, and enforcement of the California Vehicle Code provisions requiring impounding vehicles driven by unlicensed drivers.
The Police Department requires tow service in the exercise of its Police Powers necessary or appropriate for the general welfare of its residents. The City and the Police Department invite all qualified service providers to respond to this Request for Proposals ("RFP").
Operator shall furnish towing and secure storage for vehicles seized, impounded or otherwise caused to be removed from public or private property by the Police Department.
Towing services shall include, but not limited to, removal of wrecked vehicles and debris resulting from accidents, preliminary work necessary to towing, including removal of vehicles from ditches or separation of entangled vehicles, removal of vehicles for criminalistics and/or purposes as directed by the Police Department personnel, other impoundment of vehicles as directed by the Police Department.
The City desires to enter into a three (3) -year agreement with the option of two (2) one (1) - year extensions, subject to City Manager approval.
The City reserves the right to accept or reject any or all responses received in response to this RFP. The City also reserves the right to waive any informality, technical defect or clerical error or irregularity in any response. The City's potential award of an agreement will not be based on any single factor, nor will it be based solely or exclusively on the lowest cost proposal. If an agreement is awarded, it will be awarded to the Service Provider who in the judgment of the City has presented an optimal balance of relevant experience, price, quality of service, work history and other factors which the City may consider relevant and important in determining which proposal is best for the City. Additionally, the City may, for any reason, decide not to award an agreement based on this RFP. The City reserves the right to cancel this RFP. The City shall not be obligated to respond to any responses submitted, nor be legally bound in any manner by the submission of the response. The City reserves the right to negotiate deliverables and associated costs.
Exhibit 2 410
IL SUBMITTAL PROCEDURES/DEADLINE
Proposals must be submitted electronically via email to cityclerkdesk a(�bellgardens.orq no later than 4:00 p.m. on Monday, July 8, 2024. The subject line should read "Towing & Storage Services Proposal" Late proposals will not be considered. If the proposal includes any comments over and above the specific information requested in this RFP, such information should be included as a separate appendix and placed at the end of the proposal.
III. SCHEDULE
The tentative schedule for this RFP is as follows:
Proposal Due Date
Monday, July 8, 2024, 4:00 P.M.
RFP Available Online
Tuesday, June 4, 2024
Evaluation Period
July 9, 2024 - July 18, 2024
Council Action/ Approval of Contract Monday, July 22, 2024 *The schedule above is tentative and subject to change at the discretion of the City, with appropriate notice to prospective proposers. Please check the Bell Gardens website for the latest updates at https://www.bellgardens.org/i-want-to/view-bids-rfps/rfps-and-bids . All times are in pacific standard time (PST).
IV. TERMS AND CONDITIONS
TOWING SERVICES NON-EXCLUSIVE FRANCHISE AGREEMENT
Upon conclusion of the RFP process, the Police Department will recommend a proposer to the City Council. The successful Service Provider will be required to enter into a Towing Services Non -Exclusive Franchise Agreement (hereinafter "Agreement") with the City. A copy of the City's Agreement is attached and incorporated as Exhibit "A" as a sample for proposers to review the terms and conditions prior to submitting a proposal. The proposal Exhibit 2 4411
process, agreement negotiations and execution, and subsequent actions will be conducted by the City in accordance with applicable law. Proposers should carefully review this document, which constitutes the formal RFP, to ensure a clear understanding of the City's needs and objectives and scope of work. The sample Agreement (Exhibit "A") is not to be completed by proposers.
GENERAL INSTRUCTIONS, TERMS AND CONDITIONS
A. Proposals shall be prepared to simply and economically provide a straightforward, concise description of the Service Provider's ability to meet the requirements of this RFP. Emphasis shall be on the quality, completeness, clarity of content, responsiveness to the requirements, and an understanding of City's objectives.
B. Proposers shall carefully read the information contained in this RFP and shall submit complete responses to all requirements and questions as directed. Incomplete proposals may be considered non -responsive and may be rejected in the City's discretion. The submission of a response to this RFP shall be deemed a representation and certification by the Service Provider that it has read and understood the RFP, has investigated all aspects of the RFP, and is aware of the applicable facts pertaining to the RFP process, its procedures and requirements. No request for modification of the responses to this request shall be considered after its submission on grounds that the Service Provider was not fully informed as to any facts or condition.
C. Proposers should be aware that the RFP and the contents of the successful proposal will become a part of any subsequent contractual documents that may arise from this RFP. Following the Proposal Submission Deadline, the City, pursuant to the California Public Records Act (Govt. Code Section 7920.000 et seq.) reserves the right to make copies of all submitted proposals available for inspection and copying by any interested member of the public, except to the limited extent the City determines that any information contained in a proposal is legally privileged under the California Public Records Act. By submission of a proposal, proposers acknowledge and agree that their proposal and any information contained therein may be disclosed by the City to interested members of the public, including other proposers. All responses to the RFP received become a matter of public record and shall be regarded as public records, with the exception of those elements in each proposal which are defined by the Service Provider as business or trade secrets and plainly marked as "Confidential," "Trade Secret," or "Proprietary." The City shall not in any way be liable or responsible for the disclosure of any such proposal or portions thereof, if they are not plainly marked as "Confidential," "Trade Secret," or "Proprietary" or if disclosure is required under the Public Records Act. Any proposal which contains language purporting to render all or significant portions of the proposal "Confidential," "Trade Secret," or "Proprietary" shall be regarded as nonresponsive.
D. Proposer shall be solely and exclusively responsible for all costs incurred in connection with the preparation and submission of the proposals; demonstrations; Exhibit 2 412
interviews; preparation of responses to questions and requests for additional information; for contract discussions; or for anything in any way related to this RFP.
The City is not liable for any costs incurred by a proposer in response to this RFP, including attorney costs. Whether or not a proposer is awarded an Agreement pursuant to this RFP, no proposer shall be entitled to reimbursement for any costs or expenses associated with the proposer's participation in this RFP process.
Proposals will become the property of the City and may be used by the City in any way deemed appropriate. Received proposals will not be returned to the proposer, except that proposals that are untimely submitted to the City shall be returned to the proposer. Failure to comply with all requirements contained in this RFP may result in the rejection of a proposal.
E. The City operates and is funded on a fiscal year basis. Accordingly, the City reserves the right to terminate, without any liability, any Agreement for which funding is not available.
F. The City shall not be responsible for any verbal communication between any employee of the City and any proposer. Only written requirements and qualifications will be considered. No oral statement of any person shall modify or otherwise change, or affect the terms, conditions, or specifications stated in the resulting contract.
G. Receipt of an addendum of the RFP by a proposer must be acknowledged by submitting the signed addendum with the proposal.
H. A proposal may be modified or withdrawn in person at any time before the scheduled due date, provided a receipt for the withdrawn proposal is signed by the proposer's authorized representative. The City reserves the right to request proof of authorization to withdraw a proposal. Proposals may not be withdrawn after the proposal closing date and each proposer agrees to this stipulation upon submittal of its proposal. However, all proposals are subject to negotiation before an agreement is awarded as further described below.
I. The City may, in the evaluation of proposals, request clarification from proposers regarding their proposals, obtain additional material or literature, and pursue other avenues of research as necessary to ensure that a thorough evaluation is conducted.
J. By submitting a proposal in response to this RFP, the proposer accepts the evaluation process and acknowledges and accepts that determination will require subjective judgments by the City.
K. Negotiations may be conducted with responsible proposers who submit proposals that are reasonably selected for consideration. All proposers reasonably selected for consideration based on criteria set forth in this RFP may be given an opportunity to make a presentation and/or interview. Although this process will ultimately result in Exhibit 2 4613
the award of a single agreement, the City reserves the right to negotiate an agreement with more than one proposer.
L. The City expects the highest level of ethical conduct from Service Providers, including adherence to all applicable laws and local ordinances regarding ethical behavior.
M. The City reserves the right to reject any and all proposals received as a result of this RFP. The City's potential award of an Agreement will not be based on any single factor, nor will it be based solely or exclusively on the lowest cost proposal. If an Agreement is awarded, it will be awarded to the Service Provider who in the judgment of the City, has presented an optimal balance of relevant experience, price, quality of service, work history and other factors which the City may consider relevant and important in determining which proposal(s) is best for the City. The City reserves the right to cancel or modify this RFP. There is no guarantee that the City will award an agreement.
N. If an agreement cannot be reached with the highest ranked Service Provider, City reserves the right to terminate negotiations with that party and enter negotiations with the next highest ranked Service Provider.
O. Factors such as, but not limited to, any of the following may be considered just cause to disqualify a response to the RFP without further consideration:
• Evidence of collusion, directly or indirectly, among proposers in regard to the amount, terms, or conditions of this proposal;
Any attempt to improperly influence any member of the selection staff; Existence of any lawsuit, unresolved contractual claim or dispute between proposer and the City;
Evidence of incorrect information submitted as part of the RFP; Evidence of proposer's inability to successfully complete the responsibilities and obligations of the proposed scope of work; and Proposer's default under any agreement, which results in termination of the Agreement.
P. Acceptance of any proposal is contingent upon the proposer's certification and agreement by submittal of its offer, to comply and act in accordance with all provisions of the City's Municipal Code.
Q. The successful Service Provider shall not discriminate, in any way, against any person based on race, sex, color, age, religion, sexual orientation, actual or perceived gender identity, disability, ethnicity, or national origin, or any other protected classification in connection with or related to the performance of the Agreement.
R. Any questions or clarification related to the contents of the RFP must be submitted to Lieutenant Rigoberto Barrios at least five (5) calendar days prior to the due date Exhibit 2 414
of proposals. Oral explanations or instructions given prior to the opening of the offer shall not be binding. The City shall issue any official Addendums in writing or via https://www.bellgardens.orq/i-want-to/view-bids-rfps/rfps-and-bids to all proposers.
The selected Service Provider will provide the services as described in the Scope of Services identified below. Modifications of the Scope of Services through negotiation and/or by written addendum will be made a part of the future agreement.
The selected Service Provider agrees to provide the following services in accordance with industry standards and standards set by City needs.
REQUIREMENTS
A. Service Provider must be qualified to operate as a business within the State of California.
B. Service Provider must have a current towing contract with the California Highway Patrol.
C. Service Provider must have a history and record of community involvement and support within their areas of service.
D. Service Provider, its officers, key managers and employees of their firm, including drivers, must demonstrate knowledge and familiarity with the California Vehicle Code, specifically, provisions relating to the services contemplated under this RFP, including but not limited to provisions of the California Vehicle Code relating to the safe and lawful towing, impoundment and secure storage of motor vehicles and the lawful operation of facilities where impounded vehicles are stored.
E. Service Provider must demonstrate its knowledge of City codes and procedures.
F. Service Provider must furnish towing and secure storage for vehicles seized, impounded or otherwise caused to be removed from public or private property by the Police Department. Towing services shall include, but not limited to, removal of wrecked vehicles and debris resulting from accidents, preliminary work necessary to towing, including removal of vehicles from ditches or separation of entangled vehicles, removal of vehicles for criminalistics and/or purposes as directed by the Police Department personnel, other impoundment of vehicles as directed by the Police Department.
Exhibit 2 4815
G. Service Provider must obtain and maintain all necessary licenses, permits, and certificates required by law for the conduct of the Service Provider's activities, including a business license issued by the City.
H. Service Provider shall, at no charge to the City, provide emergency services for City vehicles within 50 miles of the City limits. This service shall be provided at all times including weekends and holidays. Emergency services shall include but are not limited to, tire changes, battery jump starts and towing of inoperable vehicles.
SPECIFICATIONS:
A. Tow Vehicle Classifications/Equipment:
1. Service Provider shall use only tow vehicles that have been approved by the Police Department.
2. At its expense, Service Provider must have the following equipment that conforms to California Highway Patrol's Classification (CHP Class) for the gross vehicle weight ratings (GVWR) of truck chassis'. The Service Provider's vehicles must also be in compliance with the applicable provisions of the California Vehicle Code, applying to tow trucks (615 CVC), including but not limited to Sections 615, 21711, 24606, 25100, 27700, 27907, and all other regulations pertaining to lighting and safety equipment. Service Provider shall equip and maintain tow trucks in accordance with the provisions set forth in the California Vehicle Code and consistent with industry Standards & Practices.
3. Service Provider must have a minimum of three (3) standard tow vehicles, 1 -ton rating or greater with dual rear wheels and one flat bed tow vehicle always available.
4. None of the vehicles shall be converted pick up trucks or vehicles not specifically built by manufacturer for towing other vehicles.
5. Service Provider shall have access to either, through a sub -contract, or as an owner of equipment, a tow vehicle capable of towing large trucks (semi type).
6. All tow vehicles shall have necessary communications equipment for radio transmission and reception and shall comply with FCC regulations and requirements. City frequencies shall not be used. Equipment shall be purchased and maintained solely at Service Provider's expense.
7. Each tow vehicle shall have a cable of sufficient size and capacity to retrieve vehicles that may have gone over embankments or off traveled portions of roadways and into inaccessible locations.
8. The Police Department shall have the right to inspect all tow trucks annually..
The Chief of Police or his designee may conduct additional inspections without notice to the Service Provider during regular business hours. 1 GVWR Range (Ibs.) CHP Class
10,000 - 19,500 A
19,501- 33,000 B
33,001 — 49,999 C
50,000 or more D
Exhibit 2 416
B. Tow Drivers:
1. Service Providers shall ensure that only qualified and competent tow drivers respond to calls initiated by the Police Department. Tow drivers shall be at least 18 years of age and possess the appropriate minimum class Drivers' License and qualifications.
2. All tow drivers shall be thoroughly trained in the proper and safe use of all equipment used in the performance of their duties.
3. All drivers shall be uniformed with the name of the towing company and their individual name.
4. All personnel acting on behalf of the operator shall be finger printed and photographed by the Police Department. The City may at its own discretion, conduct a background check as part of the proposal evaluation process of any employee that may include, but is not limited to: fingerprinting; a check of criminal convictions; credit history; driving history; and civil liens and judgments. If the City determines, through a background check, that an employee is not qualified to provide services to the City as specified in the RFP, the City will notify the Service Provider in writing as to the City's findings. Although the Service Provider may retain the disqualified employee, the Service Provider must not use or dispatch the disqualified employee for a service that Service Provider provides to the City pursuant to the Agreement.
5. The Service Provider shall as a minimum, maintain the following information for each employee:
i. Full name of the driver;
ii. Date of birth;
iii. California Driver's License number;
iv. Copy of valid medical certificate (if required);
v. Job title and description;
vi. Current home address and phone number; and
vii. Types of vehicles the driver has been trained and instructed to operate.
C. Hours of Operation.
1. Service Provider shall have tow services available 24 hours a day, 7 days a week, 365 days a year.
2. Service Provider may be requested periodically to provide the deployment of trucks for special events such as sobriety check points, streets fairs and parades.
3. Service Provider's officer hours shall be at a minimum from 8:00 a.m. to 7:00 p.m., Monday through Friday. Service Provider shall also maintain an after-hours telephone number for use during non -normal working hours.
D. Storage Facility.
1. All vehicles shall be stored in a building or in an area, that is in the opinion of the City, secure and enclosed by a substantial wall or walls, or other City approved enclosures.
Exhibit 2 41b7
2. The entire storage facility must be illuminated to such a degree that a clear visual observation of the area may be made during hours of darkness.
3. Storage facilities must be capable of holding a minimum of 50 parked vehicles and must provide accessibility and prevent damage to such vehicles.
4. The Service Provider shall maintain a separate and enclosed structure that can house a minimum of 3 vehicles ordered to be impounded by the Police Department for involvement in the commission of crimes or as evidence.
E. Response Time and Requirements.
1. After receipt of a request to response, the response time for arrival shall not exceed 20 minutes.
2. Service Provider shall notify the Police Department Communications Center when a tow unit cannot respond within the 20 -minute time period. Service Provider will be required to provide a reason and an estimated time of arrival.
3. In the event that the tow vehicle does not arrive within 30 minutes from the time of call, the Police Department reserves the right to request towing services from another tow company.
4. Service Provider shall agree, except for private impounds or storages, not to remove any vehicle without first being instructed to do so by an authorized Police Department officer.
F. Charges/Fees.
1. Charges/fees for towing, storage and other services required shall be in line with the industry standard and shall not be revised unless approved by the City Council. The towing charges shall also include the services of the tow driver and any other required personnel. The towing charges shall also include cleaning up and clearing of any accident site.
2. Approved storage charges shall be made for the following categories for which Service Provider must provide their proposed fees:
i. Passenger cars.
ii. Trucks and trailers over 1 ton.
iii. Motorcycles.
iv. All other vehicles.
3. Approved miscellaneous charges shall be made for the following categories for which Service Provider must provide their proposed fees:
i. Opening locked vehicles.
ii. Disconnecting and reconnecting drive shaft.
iii. Up righting overturned vehicles.
iv. All other services other than towing and storage.
4. City shall not be responsible or liable for payment of towing services in the event that vehicle owner refuses or is unable to pay for the services rendered.
5. Neither City or vehicle owner shall be responsible for any fees/charges for any vehicle that is towed or impounded, or both, through any error of the City or the Service Provider. Service Provider shall agree to immediately release any vehicle, without charge, upon the request of the Police Department on -duty Exhibit 2 418
Watch Commander. The Service Provider may later appeal the decision of the Police Department on -duty Watch Commander in writing to the Chief of Police.
G. Storage Fees.
1. Service Provider must submit their proposed storage fees for inside and outside storage. Once the fees have been approved by the City Council, the approved storage fees, must be posted near the cashiers' station as described in California Civil Code Section 3070, disclosing all storage fees and charges in -force, including the maximum storage rate.
2. Owners of vehicles stores for less than 24 hours shall be charged no more than one day of storage fees. Each day thereafter shall be calculated by calendar days.
3. The schedule of rates charged by Service Provider shall be available in the tow vehicles and shall be presented upon demand of people, or their agent, to who the tow services were provided to as well as Police Department officers on the scene.
H. Assessment Fee.
1. Service Provider must agree to pay the City an "Assessment Fee" of 25% of Gross Receipts for each City generated tow and impound storage. Gross Receipts shall mean all revenues received from towing, impound/storage and related services; plus, incidental receipts of any kind earned by the Service Provider as a result of business conducted under the Agreement. Payments shall be made monthly to the City's Department of Finance and shall be due no later than the tenth (10th) day of the following month. Service Provider shall forward a copy of the payment check and payment report to the Chief of Police at the time of payment. Assessment Fee payment will not be required for vehicles the Police Department elects to release at no charge.
2. Service Provider shall keep accurate records of all Gross Receipts as a result of business conducted under the Agreement. Such records shall be available for audit by the City or an outside auditing firm contracted by the City. Failure to provide all Gross Receipts within 20 business days, shall constitute cause for termination of the Agreement. All records shall be maintained for a minimum of 5 years.
I. Franchise Fees.
1. Service Provider shall agree to pay an annual franchise fee in the amount of $12,000 ("Annual Franchise Fee"). The year 1 Annual Franchise Fee shall be due from the Service Provider within 30 days of execution of the Agreement.
2. Commencing in year 2 of the Agreement, and continuing through the term of the Agreement, the Annual Franchise Fee shall be paid to the City on the first day of August of each year.
Exhibit 2 41129
3. Should the City elect to extend the term of the Agreement for the additional two (2) one (1) -year extensions, Service Provider shall pay City the Annual Franchise Fee for each additional year on the first day of August of each year.
J. Record Keeping.
1. Each month, Service Provider shall furnish to the Police Department a written report of all vehicles that have been towed by Service Provider under the terms of the Agreement, for the previous month. Such report shall indicate the storage location of each vehicle, and shall include the vehicle make, license number and VIN and total itemized costs of towing and storage. Such report shall include the number of days stored for each vehicle. Written reports shall be due no later than 10th of each month.
2. Service Provider must obtain records related to release of vehicles which shall include: date of release, party release to, total charges and cash received. The Chief of Police or his designee may inspect without notice the operator's records during business hours.
Without limiting Service Provider's indemnification of the City, and prior to commencement of work, Service Provider shall obtain, provide, and maintain at its own expense during the term of the Agreement, policies and procedures of the type and amounts described below and in a form satisfactory to the City:
A. General Liability Insurance.
1. Service Provider shall maintain commercial general liability insurance with coverage at least as broad as Insurance Services Office form CG 00 01, in amount not less than $1,000,000 per occurrence, $2,000,000 general aggregate, for bodily injury, personal injury, and property damage. The policy must include contractual liability that has not been amended. Any endorsement restricting standard ISO "insured contract" language will not be accepted.
B. Commercial Automobile Liability Insurance.
1. Service Provider shall maintain automobile insurance at least as broad as Insurance Service Office CA 00 01 covering bodily injury and property damage for all activities of the Service Provider arising out of or in connection with work to be performed under the Agreement, including coverage for any owned, hired, non -owned, or rented vehicles, in an amount not less than $1,000,000 combined single limit for each accident.
C. Professional Liability (Errors and Omissions).
Exhibit 2 420
1. Service Provider shall maintain professional liability insurance that covers the services to be performed in connection with the Agreement, in the minimum amount of $1,000,000 per claim and in the aggregate. Any policy inception date, continuity date, or retroactive date must be before the effective date of the Agreement and Service Provider agrees to maintain continuous coverage through a period of no less than three (3) years after completion of services required by the Agreement.
D. Workers' Compensation Insurance.
1. Service Provider shall maintain Workers' Compensation Insurance (Statutory Limits) and Employer's Liability Insurance with limits of at least $1,000,000.
E. Garage Keepers Legal Liability.
1. Service Provider shall maintain coverage with a limit of not less than One Million Dollars ($1,000,000) per occurrence, $2,000,000 aggregate. The coverage must be inclusive of "Auto" and "Other Than Auto" coverages. The Other Than Collision coverage shall include "Comprehensive" (all perils) coverage.
Coverage shall include Comprehensive and Collision. This requirement can be satisfied by either a separate Garage Keepers Legal Liability policy or through a modification to the Commercial Automobile Liability policy. Evidence of either must be provided. The City of Bell Gardens shall be included as an Additional Insured for Vicarious Liability. This shall be documented using ISO Insurance Services Office CA endorsement CA 00 005 or an equivalent form. Coverage shall include a waiver of subrogation provision to waive all rights of recovery under subrogation or otherwise against the City of Bell Gardens. Any deductible or self -insured retention shall be shown on the Certificate of Insurance. If the deductible or self -insured retention exceeds $100,000, it must be approved in advance by City. Service Provider is responsible for any deductible or self - insured retention and shall fund it upon City's written request, regardless of whether Service Provider has a claim against the insurance or is named as a party in any action involving the City. The policy definition of "insured contract" shall include assumptions of liability arising out of work performed for a municipality (Definition #5 of the ISO Garage Coverage form, or its equivalent).
F. Umbrella or Excess Liability.
1. Service Provider shall maintain Umbrella or Excess Liability policies with limits that will provide bodily injury, personal injury, and property damage liability coverage, including commercial general liability, automobile liability, and employer's liability. Such policy or policies shall include the following terms and conditions: a drop -down feature requiring the policy to respond if any primary insurance that would otherwise have applied proves to be uncollectable in whole or in part for any reason, other than bankruptcy or insolvency of said primary insurer; "pay on behalf of" wording as opposed to "reimbursement"; concurrency Exhibit 2 4A1
of effective dates with primary policies. Should an excess liability policy be obtained and maintained, such policy shall be excess over commercial general liability, automobile liability, and employer's liability policies. Such policy or policies shall include wording that the excess liability policy follows the terms and conditions of the underlying policies.
G. Other Provisions or Requirements.
1. Proof of Insurance. Service Provider shall provide certificates of insurance and required endorsements to the City as evidence of the insurance coverage required herein. Insurance certificates and endorsements must be approved by City's Risk Manager prior to commencement of performance. Current certification of insurance shall be kept on file with the City for the contract period and any additional length of time required thereafter. The City reserves the right to require complete, certified copies of all required insurance policies, at any time.
2. Duration of Coverage. Service Provider shall procure and maintain for the Agreement period, and any additional length of time required thereafter, insurance against claims for injuries to persons or damages to property, or financial loss which may arise from or in connection with the performance of the Work hereunder by Service Provider, their agents, representatives, employees, or subconsultants.
3. Primary/Noncontributing. Coverage provided by Service Provider shall be primary and any insurance or self-insurance procured or maintained by the City shall not be required to contribute with it. The limits of insurance required herein may be satisfied by a combination of primary and umbrella or excess insurance.
Any umbrella or excess insurance shall contain or be endorsed to contain a provision that such coverage shall also apply on a primary and noncontributory basis for the benefit of the City before the City's own insurance or self-insurance shall be called upon to protect it as a named insured.
4. City's Rights of Enforcement. In the event any policy of insurance required under the Agreement does not comply with these specifications or is canceled and not replaced, the City has the right but not the duty to obtain the insurance it deems necessary, and any premium paid by the City will be promptly reimbursed by Service Provider or the City will withhold amounts sufficient to pay premium from Service Provider payments. In the alternative, the City may cancel the Agreement.
5. Acceptable Insurers. All insurance policies shall be issued by an insurance company currently authorized by the Insurance Commissioner to transact business of insurance or is on the List of Approved Surplus Line Insurers in the State of California, with an assigned policyholders' Rating of A- (or higher) and Financial Size Category Class VII (or larger) in accordance with the latest edition of Best's Key Rating Guide, unless otherwise approved by the City's Risk Manager.
6. Licenses. Service Provider shall hold at all times the appropriate licenses (Local, State, or Federal) to operate within the City of Bell Gardens. Service Provider shall also be solely responsible for any parking and traffic violations of vehicles operated by its employees.
Exhibit 2 422
7. Compliance. Service Provider understands the various governing agencies and laws that have or may have jurisdiction and / or requirements that must be met under the Agreement, including but not limited to: The Federal Transit Authority, ADA, CARB, AQMD, LACMTA, and others.
INDF_MNIFICATI'
A. Service Provider agrees to indemnify, defend and hold harmless the City, its elected officials, officers, employees, attorneys, agents and volunteers (collectively, the "Indemnitees"), at Service Provider's sole expense, from and against any and all lawsuits or other legal proceedings, claims, causes of action, losses, liabilities, penalties, forfeitures or actions of any kind asserted against any or all of the Indemnities arising out of the performance of Service Provider, its officers, employees, representatives, agents and/or subcontractors under in the performance of the Agreement, excepting only such claims or actions which may arise out of sole or active negligence of the Indemnitees. The defense obligation provided for hereunder shall apply without any advance showing of negligence or wrongdoing by the Service Provider, its employees, and/or authorized sub operators, and/or whenever any claim, action, complaint or suit asserts liability against the City, its elected officials, officers, agents, and employees based upon the work performed by the Service Provider, its employees, and/or authorized subcontractors are specifically named or otherwise asserted to be liable. This provision shall supersede and replace all other indemnity provisions contained either in the City's specifications or Service Provider's proposal, which shall be of no force and effect. The indemnification requirements set forth herein are a material term of this RFP and the inability or failure of a Service Provider's insurance carrier(s) to provide coverage for liabilities covered by the indemnification requirements of this RFP shall not serve as a basis for waiving or limiting the scope of the indemnification requirement.
B. Service Provider's obligation to defend, hold harmless, and indemnify shall not be excused because of the Service Provider's inability to evaluate liability or because the Service Provider evaluates liability and determines that the Service Provider is not liable to the claimant. The Service Provider must respond within thirty (30) days to the tender of a claim for defense and indemnity by the City, unless this time has been extended by the City. If the Service Provider fails to accept or reject a tender of defense and indemnity within thirty (30) days, in addition to any other remedy authorized by law, so much of the money due to the Service Provider by virtue of the Agreement as shall reasonably be considered necessary by the City may be retained by the City until final disposition has been made or the claim or suit for damages, or until the Provider accepts or rejects the tender of defense, whichever occurs first.
Exhibit 2 41%3
C. With respect to third party claims against the Service Provider, the Service Provider waives any and all rights of any type to express or implied indemnity against the Indemnities.
D. Separate Counsel: The City may elect to have separate legal counsel from Service Provider at any time at its sole discretion, and in such case Service Provider will pay all fees, costs and charges for such separate legal counsel as such costs and charges are invoiced by City's separate legal counsel, not at the conclusion of any litigation or settlement.
E. Subcontractors: The Service Provider shall require all subcontractors to enter into an Agreement containing the provisions set forth in this section in which Agreement the subcontractor fully indemnifies the City in accordance with this RFP and the Agreement.
F. Damage by Service Provider: If the Service Provider or its officers, employees, agents, volunteers or subcontractors cause any injury, damage or loss to City property, including by not limited to City streets or curbs, Service Provider shall reimburse City for City's cost of repairing such injury, damage or loss. Such reimbursement is not in derogation of any right of the City to be indemnified by Service Provider for any such injury, damage or loss. With the prior written approval of City, Service Provider may repair the damage at Service Provider's sole cost and expense.
G. Tort Claims Act: This RFP and the Agreement shall in no way act to abrogate or waive any immunities available to the City under the Tort Claims Act of the State of California.
PROPOSAL FORMAT AND CONTENT, RE
The following instructions describe the form in which proposals should be submitted.
Responses to the following items will be used for proposal evaluation. Proposals that do not contain responses to each of the required items may be considered incomplete and may be rejected.
Proposal documents should provide a straightforward, concise description of the proposer's capabilities to satisfy the requirements of this RFP. Emphasis should be on completeness, clarity of content, and conveyance of the information requested by the City. The requirements stated do not preclude a proposer from furnishing additional reports, functions, and costs as deemed appropriate.
A. The proposal should contain the following six (6) elements describing how the proposer will perform the assignment:
Exhibit 2 424
1. Table of Contents:
i. All proposals must include a table of contents that identifies all sections, appendices, attachments, exhibits and their page numbers.
2. Transmittal Letter:
i. A letter of transmittal signed by an individual authorized to bind the proposer stating the proposer has read and will comply with all terms and conditions of the RFP. The transmittal letter will contain, at a minimum: a) company name and address; b) an executive summary briefly describing the proposer's ability to perform the work requested, a history of the proposer's background and experience providing services; and c) the proposer's approach to meeting and/or exceeding the services and equipment requirements of the RFP. Proposer should describe in specific detail the background and experience of its' business's principals, officers and key managerial staff as relates to the provision of vehicle towing and secure storage services in general and for public agencies in particular.
Proposer should also provide the business contact information of all of the foregoing, the address of the specific business location from which each will work as well as their address, phone and e-mail addresses. ii Conflict of Interest Statement: The proposer shall disclose any financial, business, or other relationship with the City that may have an impact upon the outcome of the Agreement. Particular attention should be paid to compliance with Government Code section 1090.
3. Management and Staffing:
i. Describe the management and staffing configuration to be utilized to complete the scope of services. Describe the qualifications of staff, their title, and types and amount of equivalent experience. The proposal must indicate who will have primary responsibility for this service.
4. Additions or Exceptions:
i. A single and separate section with the heading "ADDITIONS OR EXCEPTIONS TO THE CITY'S REQUEST FOR PROPOSAL" containing a complete and detailed description of all the proposer's additions or exceptions to the provisions and conditions of the attached City Agreement.
5. References:
i. Proposer must provide a minimum of three (3) references and must include the name of the organization, address, phone numbers and names of the contact persons.
ii. Reference letters may also be included as part of the proposal.
6. Forms:
i. Insurance Requirements Checklist attached as Attachment 1.
Exhibit 2 45
ii. Civil Litigation History/Civil Litigation Certification attached as Attachment
2. iii. Criminal Convictions Certification attached as Attachment 3. iv. False Claims/ False Claims Act Certification attached as Attachment 4. v. Non -Collusion Affidavit attached as Attachment 5.
vi. Campaign Contribution Disclosure Form Attached as Attachment 6.
The award of the Agreement will be made to the most qualified Service Provider whose proposal complies with the prescribed requirements. The City reserves the right to reject any or all proposals and to waive any technical errors, irregularities, or discrepancies, if to do so is deemed to serve the best interests of the City. In no event will an award be made until all necessary investigations are made as to the responsibility and qualifications of the Service Provider to whom it is proposed to make such an award.
Proposals will be reviewed and evaluated by the Police Department and City staff and ranked based on qualifications, expertise, and cost-effectiveness. If further clarifications or negotiations are required, on -site or virtual interviews may be conducted. Participation in these interviews will be at the expense of the proposer(s). The interview panel will be made up of Police Department staff members and/or representatives from the City.
Recommendations will be forwarded to the City Council based on the results of the reviews of proposal packets and, if scheduled, the interviews. Police Department Staff may recommend to the City Council that more than one tow provider be awarded the Agreement to provide tow services to the City.
Following Police Department Staff's presentation, public comment and the receipt of any other public testimony the City Council may request, the City Council will be given an opportunity to deliberate on the matter and then take action to determine which proposer, if any, will be awarded an Agreement. The City Council may accept, reject or reevaluate the recommendation made. The City Council's final decision shall not be decided on the basis of any single factor listed above but on the basis of the City Council's independent determination as to which proposal(s) provide(s) the best value and offers the optimal combination of factors. The City Council reserves the right to further negotiate the specific requirements and compensation structure with selected proposer(s) in the interest of securing the best terms for the City and the public.
Proposals failing to provide sufficient information and assurances of performance to adequately assess each category of the required services and/or failing to comply with the requirements and conditions of this RFP may not be given further consideration.
Exhibit 2 426
Each proposal will be considered along with those of other responding proposers, with respect to ability to perform effectively and efficiently those Scope of Services outlined above.
Close coordination with the City is required to assure that all requirements will be met. The City reserves the right to withdraw this RFP at any time without any prior notice. Further, the City makes no representations that any Agreement will be awarded to any proposer responding to this RFP. The City expressly reserves the right to postpone reviewing the proposals for its own convenience and to reject any or all proposals responding to this RFP without indicating any reasons for such rejection(s).
All proposals submitted by the required deadline will be reviewed for adequacy, completeness, content, approach to service delivery, qualifications and other criteria developed during the review process.
The Agreement will be awarded to the proposer deemed by the City to be the best qualified for the scope of services. Proposers are encouraged to elaborate on their qualifications, performance data, and staff expertise relevant to the proposed project.
A. Criteria to be used as a guide in the evaluation of proposals shall include, but will not be limited to the follow evaluation factors:
1. Thoroughness and quality of content of the response to the RFP as well as completed and satisfactory responses to the RFP.
2. Proposer's overall experience with engagements of similar scope.
3. Proposer's technical experience.
4. Technical background, experience, tenure and availability of the assigned members.
5. Management of the Proposer's company, impression of principals and quality of staff.
6. The ability to effectively communicate and work with City officials and staff members in a highly professional capacity.
7. References provided and satisfactory responses from prior references for the Proposer's company.
8. Acceptability of proposed fee, cost structure(s).
9. Community involvement.
Exhibit 2 42337
EXHIBIT "A"
SAMPLE AGREEMENT
Exhibit 2 428
TOWING SERVICES
NON-EXCLUSIVE FRANCHISE AGREEMENT
FOR
VEHICLE TOWING AND STORAGE SERVICES
BETWEEN
THE CITY OF BELL GARDENS
AND
DATED
Exhibit 2 429
2024
FRANCHISE AGREEMENT FOR
POLICE ORDERED TOWING AND STORAGE SERVICES
THIS FRANCHISE AGREEMENT (hereinafter, "Agreement") 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 (hereinafter, "Franchisee"). For the purposes of this Agreement, City and Franchisee may be referred to collectively by the capitalized term "Parties." The capitalized term "Party" may refer to City or Franchisee interchangeably, as appropriate.
SECTION 1. GRANT OF FRANCHISE
A. Purpose.
City regularly requires motor vehicle towing and storage services, including the removal of abandoned, stolen and damaged vehicles, occasional towing and storage of City owned vehicles and special security for vehicles held for the investigation of crimes, pursuant to various provisions of the California Vehicle and other Codes.
This Agreement is intended to provide for the operation and administration of the City's towing services and is in the vital interest of the City and is necessary for the health and welfare of its citizens.
B. Grant of Non -Exclusive Franchise; Exclusions.
This Agreement grants to Franchisee a non-exclusive Tow Service Franchise, which entitles Franchisee to the right and privilege to provide towing services to the City.
Franchisee shall furnish all personnel, equipment and supplies necessary to provide the Towing Services required by this Agreement and by the Request for Proposals.
City reserves the right to, enter into Tow Service Franchise Agreements with other entities for additional Towing Services at the sole and absolute discretion of the City.
SECTION 2. AWARD OF AGREEMENT
A. Award.
City hereby awards Franchisee the non-exclusive right to provide Towing Services, pursuant to the terms set forth in this Agreement and any and all applicable provisions of the Bell Gardens Municipal Code (the "BGMC"). Franchisee shall have, throughout the term of this Agreement, the non-exclusive right to provide Towing Services to City within the corporate boundaries of City as the same now exist, and within any territory City hereafter annexes during such term, except to the extent that Towing Services within such annexed territory would be unlawful or violate the legal rights of another person.
Exhibit 2
430
Franchisee warrants that it will comply with all applicable federal, state and local laws and regulations, as they, from time to time, may be amended, specifically including, but not limited to all requirements of the California Vehicle Code, all requirements of the California Highway Patrol Tow Service Agreement and attachments, and all other applicable laws and regulations of the State of California, the County of Los Angeles, ordinances of the City of Bell Gardens and the requirements of Local Enforcement Agencies and other agencies with jurisdiction.
B. Scope of Work.
Subject to the terms and conditions of this Agreement, Franchisee agrees to provide City with Towing Services. The various tasks and related services to be performed by Franchisee are more specifically described in the City's "Request for Proposals Police Ordered Towing & Storage Services" (hereinafter the "City RFP") dated April 29, 2024, and the written proposal of Franchisee entitled " " (hereinafter, the "Franchisee Proposal") dated
. The City RFP and the Franchisee Proposal are attached and incorporated hereto as Exhibit "A" and "B" respectively. The term "Scope of Work" shall be a collective reference to the City RFP and the Franchisee Proposal. The capitalized term "Work" shall be a collective reference to all the various services and tasks referenced in the Scope of Work. The capitalized term "Work" or "Towing Services" may be used interchangeably. In the event of any conflict or inconsistency between the provisions of the document entitled City RFP and the provisions of the document entitled Franchisee Proposal, the requirements of the document entitled City RFP shall govern and control but only to the extent of the conflict or inconsistency and no further. In the event of any conflict or inconsistency between the provisions of the Scope of Work and the provisions of this Agreement to which the Scope of work is attached, the provisions of this Agreement shall govern and control but only to the extent of the conflict or inconsistency and no further.
This Agreement shall have a term of three (3) years commencing as of the Effective Date (hereinafter "Term"). The Term of the Agreement may be extended by the City subject to its same terms and conditions for a maximum of two (2) one-year extensions, provided the City Manager issues written notice of its intent to extend the Term of the Agreement prior to the expiration of the initial Term. Nothing in this Section shall operate to prohibit or otherwise restrict the City's ability to terminate this Agreement at any time for convenience or for cause as provided under Section E, below.
D. Suspension and Termination of Agreement.
1. Termination without Cause. City may immediately terminate this Agreement at any time for convenience and without cause by giving prior written notice of City's intent to terminate this Agreement which notice shall specify the effective date of such termination. Upon receipt of the notice of termination, the Exhibit 2 431
Franchisee must immediately cease all Work except as may be specifically approved by the City. Franchisee will be entitled to compensation for all Work rendered prior to the effectiveness of the notice of termination and for additional Work specifically authorized by the City. The City will be entitled to reimbursement for any expenses that have been paid for but not rendered.
2. Termination for Cause. In the event Franchisee, or any of its officers, directors, shareholders, employees, agents, subsidiaries, or affiliates is convicted:
i. of a criminal offense as an incident to obtaining or attempting to obtain a public or private contract or subcontract, or in the performance of a contract or subcontract;
ii. under state or federal statutes of embezzlement, theft, forgery, bribery, falsification or destruction of records, receiving stolen property, or any other offense indicating a lack of business integrity or business honesty which currently, seriously, and directly affects responsibility as a public consultant or contractor;
iii. under state or federal antitrust statutes arising out of the submission of bids or proposals; or
iv. of violation of the conflict of interest provision of this Agreement, or for any other cause the City determines to be so serious and compelling as to affect Franchisee's responsibility as a public contractor, including but not limited to, disbarment by another governmental agency, then the City reserves the unilateral right to terminate this Agreement upon providing Franchisee with ten (10) days' written notice of termination, or to impose such other sanctions (which may include financial sanctions, temporary suspensions, or any other condition deemed appropriate short of termination) as it deems proper. In the event that the City terminates the Agreement for cause, Franchisee shall be entitled to the hearing and appeal rights applicable to disciplinary procedures above. However, termination for cause pursuant to this paragraph shall be effective upon expiration of the ten (10) days' notification period set forth above.
3. Notwithstanding the foregoing, City may not exercise its rights pursuant to this paragraph unless and until City provides Franchisee written notice of such default in accordance with the procedures set forth in Section 4(H) herein, and Franchisee fails to cure such default within thirty (30) days of receipt of said notice.
SECTION 3. GENERAL CONDITIONS OF FRANCHISE.
The Franchisee shall conduct business in an ethical, lawful and orderly manner so as to maintain the confidence of the community. While Franchisee is an independent contractor, each contact it has with the public may reflect upon the City. For that reason, and the inherent potential for conflict in vehicle removal and storage, Franchisee and its employees must maintain a fair, impartial, and reasonable attitude, and perform its duties Exhibit 2
432
in a courteous manner. Statements and actions of the Franchisee and its employees must be the result of considered judgment and absent of personal opinion or bias.
The Franchisee, when notified by the Chief of Police of any complaint of discourtesy by the Franchisee's employee(s), shall investigate and respond in writing to the Chief of Police within ten (10) calendar days of receipt of notification of the complaint.
Franchisee's response shall include the results of its investigation and, if the complaint is found to be true, what measures the Franchisee took to address said complaint and prevent future complaints on the same issue.
A. Franchisee shall:
1. Maintain a sign listing the rates and charges of all towing and storage services offered. Such sign shall be conspicuously placed in the office or other places where customer financial transactions take place.
2. Have no more than two (2) telephone numbers listed with the Police Department.
3. Use business -brand two-way radios and shall ' not use a short -waive police scanner or CB radio to answer police calls
4. Affix temporary markings on the windshield of all cars ordered impounded by the Police Department. Additionally, Franchisee may post a tag on the windshield of the car.
5. Not release any vehicle in its possession for which a storage form was completed until all State and City requirements are met. This does not apply to vehicles legally obtained through lien sale or for which ownership is transferred to the Franchisee for payment of towing and storage fees.
6. Furnish each owner of an automobile impounded by the tow truck operator with a fully itemized billing.
7. Implement a written policy for lien fees, whereby a lien cannot be placed upon a vehicle until after 72 hours of impoundment in accordance with State law. The policy shall comply with all requirements of California Vehicle Code, §§ 22581 through 22851.12, or their successor provisions and shall be posted with the sign listing the tow rates.
8. Have a schedule of rates available upon demand in all vehicles at all times.
9. Not charge rates in excess of those fees that have been presented and approved by City Council.
B. Should there be any dispute between the Franchisee and owner of the vehicle over charges made for services rendered under the Agreement, such dispute shall be Exhibit 2 433
decided by the Chief of Police and the Franchisee shall make no demands upon the owner of the vehicle for a sum in excess of the amount determined to be reasonable by the Chief of Police. The Chief of Police may hold an administrative hearing if any party to the dispute so requests.
C. City shall not be responsible to the Franchisee for payment of towing, removal, or storage charges. The Franchisee shall look to the owner of the vehicle for payment of applicable fees.
D. City personnel who are requesting that a vehicle be impound shall be responsible for establishing that "probable cause" exists to impound the vehicle in question. When "probable cause" is lost prior to a vehicle being removed to a Franchisee facility, no lien shall be attached, and no fee shall be charged for the field release of a vehicle to a properly interested person.
E. The Chief of Police has the authority to settle all disputes arising from actions by the Franchisee. The decision of the Chief of Police shall be binding on all parties involved.
Inquiries pertaining to the conduct, practices, and regulation of the Franchisee may be referred to the City of Bell Gardens Police Department.
SECTION 4. FRANCHISE FEES; PAYMENT; WAIVER.
A. Franchisee shall pay to City an annual franchise fee of TWELVE THOUSAND DOLLARS ($12,000) (hereinafter, "Annual Franchise Fee") for the Term of the Agreement.
B. The year one (1) Annual Franchise Fee shall be due from the Franchisee within thirty (30) days of execution of the Agreement.
C. Commencing in year two (2) of the Agreement, and continuing through the Term of the Agreement, the Annual Franchise Fee shall be submitted to City on annual basis, on the first day of August of each year.
D. Should City elect to extend the Term of the Agreement for the additional two (2) one (1) -year extensions, Franchisee shall pay City the Annual Franchise Fee for each additional year, in accordance with Section 4(C).
E. Franchisee shall further pay City an Assessment Fee of Twenty -Five Percent (25%) of the Gross Receipts for each City generated tow and impound/storage (hereinafter, "Assessment Fee"). Gross Receipts shall mean all revenues received from towing, impound/storage and related services; plus, incidental receipts of any kind earned or received by the Franchisee as a result of business conducted under this Agreement.
Excluded from "Gross Receipts" shall be any receipts generated by Franchisee from lien sales on unclaimed vehicles. These excluded receipts shall not be subject to any Assessment Fee by the City. Assessment Fee payment will not be required for vehicles the Police Department elects to release at no charge.
Exhibit 2
434
F. Payment of the Assessment Fee shall be made to the City's Finance Department along with full assessment fee payment report generated by Franchisee providing a detailed accounting of the Gross Receipts and calculation of the Assessment Fee no later than the tenth (10th) day of the following month. Franchisee shall forward a copy of the payment check and payment report to the Chief of Police at the time of payment.
G. Any Franchise Fees or Assessment Fees, which remain unpaid for more than ten (10) calendar days after the date specified in subsection (B) and (C) above, shall be delinquent, and shall result in a penalty equal to ten percent (10%) per year, compounded daily, until fully paid.
H. By entering into this Agreement, the Franchisee irrevocably waives the defenses of any statute of limitation, laches, waiver or other legal or equitable doctrine of similar import or effect in any action brought by City to recover any Franchise Fee, interest or penalties due under this Agreement.
By entering into this Agreement, Franchisee agrees that if it challenges the right of City to collect the Franchise Fee, any relief requested by Franchisee and awarded to it by virtue of such challenge shall be prospective only, and only from the date of the filing of the initial pleading seeking such relief in a court of competent jurisdiction. Franchisee hereby waives any and all claims or rights to collect back from City, or obtain credit against future payment obligations, any amounts collected by City prior to the filing of the initial pleading seeking such relief. In the event that Franchisee's challenge to any Franchise Fee payments should result in an initial judgment in its favor, Franchisee shall continue to make all Franchise Fee payments in accordance with this Agreement pending an appeal by City. In the event the court of appeal, or trial court, if City elects not to appeal, determines that City is not entitled to collect any or all of the Franchise Fees, City shall refund to Franchisee those portions of the Franchise Fee which the court deems City was not entitled to collect, and which were made subsequent to the filing of the initial action by Franchisee, exclusive of interest on such amount.
City shall retain the right to impose alternative forms of taxes and/or fees in the event that the Franchise Fee or Assessment Fees provided for in this Agreement are no longer assessable due to a subsequent change in Federal, State, or local law.
K. Notices.
1. Designation of Representatives. Each party shall designate a representative to serve as that party's primary contact for the administration of this Agreement at all times during the term hereof. City hereby designates the Chief of Police and City Manager as the City Representatives. Franchisee hereby designates , as the Franchisee Representative.
2. Franchisee Representative. The Franchisee Representative shall be principally responsible for Franchisee's obligations under this Agreement and Exhibit 2
435
shall serve as the principal liaison between Franchisee and City. The Franchisee Representative shall be authorized to act in Franchisee's behalf with respect to the Work specified herein. The Franchisee Representative shall remain responsible during the Term of this Agreement for directing all activities of Franchisee and devoting sufficient time to personally supervise the Work hereunder. Designation of another representative by Franchisee shall not be made without the prior written consent of City. Unless otherwise specified herein, approval of the Franchisee Representative required hereunder shall be deemed the approval of the Franchisee.
3. City Representative. The City Representative shall be the primary Agreement administrator for City. It shall be the responsibility of the Franchisee Representative to assure that the City Representative is kept informed of the progress of the performance of Towing Services, and Franchisee shall refer any decisions which must be made by City to the City Representative. Unless otherwise specified herein, approval of the City Representative required hereunder shall be deemed the approval of the City.
SECTION 5. GENERAL CONDITIONS RELATING TO TOW SERVICE LOTS.
Franchisee shall comply with all o
ollowing conditions:
A. The Franchisee shall possess a lot' able to hold a minimum of fifty (50) vehicles on its lot. Lighting shall be sufficient to afford easy visibility to all areas of the lot. The lot must be in a commercial or industrial area in a zone for which the business use is permitted and located within seven (7) miles of the City. The business must comply with all City, County and/or State standards and must at all times possess a valid and current City business license in accordance with BGMC.
B. The Franchisee's lot must be completely enclosed with a minimum of a six-foot high fence equipped with a security device, as approved by the City's Community Development Department. Security in the lot shall be adequate to preclude theft, vandalism or damage by activity while in the carrier establishment. No stored vehicles shall be visible from any adjacent roadway. No vehicles shall be parked or stored on the public streets at any time. Franchisee must provide off-street parking for its equipment and must be able to accommodate at least four (4) additional customer parking spaces. In addition to the four (4) customer parking spaces, at least one (1) additional customer parking space shall be provided for disabled parking purposes.
Said disabled parking space shall be van accessible. Storage vehicles should be secured away from customer parking and the office area.
C. The Franchisee must have an office and lot in the same location within seven (7) miles of the City, with a sign posted that includes the company name, address, phone number and hours of operation, to be clearly visible from the roadway and shall have been operating out of an office and a storage yard, meeting the requirements of this Exhibit 2
436
ordinance, within seven (7) miles of the City for at least two full calendar years prior to applying for and obtaining a Franchise pursuant to this Agreement.
D. It is the responsibility of the Franchisee to protect all vehicles, vehicle parts and/or attached accessories impounded by peace officers or City law enforcement personnel until such time the vehicles have either been released to properly interested persons or have been disposed of through legal process.
E. Vehicle parts and/or attached accessories shall not be removed from an impounded vehicle with a criminalistics/evidentiary hold on the vehicle without the prior approval of the concerned law enforcement personnel. The Franchisee's garage employees may remove vehicle parts and/or attached accessories for safekeeping. When the Franchisee's employee removes vehicle parts and/or attached accessories for safekeeping from a vehicle it shall:
1. Record a description of the removed vehicle parts and/or attached accessories on the corresponding copy of the garage impound report.
2. Implement controls to inform the Franchisee's office personnel responding to public inquiries that vehicle parts and/or attached accessories have been removed from a vehicle.
3. Cause the vehicle parts and/or attached accessories to be individually packaged and identified.
4. Provide a secure location for the storage of the vehicle parts and/or attached accessories to preclude loss, theft or damage.
5. Inform properly interested persons that parts and/or attached accessories have been removed and how they may obtain possession of that property.
F. Charges/fees for towing, storage and other services required shall be in line with the industry standard and shall not be revised unless approved by the City Council. The towing charges shall also include the services of the tow driver and any other required personnel. The towing charges shall also include cleaning up and clearing of any accident site.
G. City Council approved ` storage fees must be posted near the cashiers' station as described in California Civil Code 3070, disclosing all storage fees and charges in - force, including the maximum storage rate.
H. Owners of vehicles stored for less than 24 hours shall be charged no more than one day of storage fees. Each day thereafter shall be calculated by calendar days.
Exhibit 2 437
. The schedule of rates charged by Franchisee shall be available in the tow vehicles and shall be presented upon demand of people to who the tow services were provided, or their agent, or the police officer at the scene.
SECTION 6. OPERATING HOURS; AFTER HOURS CHARGES; RESPONSE TIMES.
A. The Franchisee business must be open to the public at least between the hours of 8:00 a.m. 7:00 p.m., Monday through Friday. Franchisee shall also maintain an after- hours telephone number for use during non -normal working hours.
B. Franchisee shall have tow services available 24 hours a day, 7 days a week, 365 days a year.
C. Franchisee shall not charge an after-hours fee to persons who appear to claim a stolen vehicle on a Saturday between the hours of 8:00 a.m. and 12 p.m. Upon approval of the Police Department, the operator may release personal property from an impound vehicle at the request of the vehicle owner or their agent. There shall be no charge for the release of personal property during normal business hours. Operators may charge an afterhours release fee for property released after normal business hours.
D. Franchisee shall, at no charge to the City, provide emergency services for City vehicles within 50 miles of the City limits. This service shall be provided at all times including weekends and holidays. Emergency services shall include but are not limited to, tire changes, battery jump starts and towing of inoperable vehicles.
E. The Franchisee must provide on their lot to the Bell Gardens Police Department, free of charge, storage for four (4) vehicles in an inside garage for Vehicle Identification Number (V.I.N.) and; mechanical inspections, as requested.
F. After receipt of a '`request to respond, the response time for arrival shall not exceed 20 minutes.
G. Franchisee shall notify the Police Department Communications Center when a tow unit cannot respond within the 20 -minute time period. Franchisee will be required to provide a reason and an estimated time of arrival.
H. In the event that the tow vehicle does not arrive within 30 minutes from the time of call, the Police Department reserves the right to request towing services from another tow company.
Franchisee shall furnish such services as requested by the BGPD and noted in the Agreement at any time during the day or night and shall:
1. Give priority to City calls when requested;
Exhibit 2 438
2. Maintain sufficient personnel and equipment to provide for a maximum response time of fifteen (15) minutes, except as otherwise provided herein;
3. Notify the BGPD upon receipt of request for tow when a tow unit cannot respond immediately and give an estimated time of arrival;
4. Franchisee shall provide immediate response whenever requested to respond to the scene where a child is locked in a car or other emergency of such type.
SECTION 7. EQUIPMENT.
A. General.
At its expense, Franchisee must have the following equipment that conforms to California Highway Patrol's Classification (CHP Class) for the gross vehicle weight ratings (GVWR) of truck chassis. Franchisee's vehicles must also be in compliance with the applicable provisions of the California Vehicle Code, applying to tow trucks (615 CVC), including but not limited to Sections 615, 21711, 246.06, • 25100, 27700, 27907, and all
other regulations pertaining to lighting and safety equipment. Franchisee shall equip and maintain tow trucks in accordance with the provisions set forth in the California Vehicle Code and consistent with industry Standards & Practices.
B. Vehicles.
1. Franchisee must have a minimum of three (3) standard tow vehicles, 1 ton rating or greater with dual rear wheels and one flat bed tow vehicle always available.
None of the vehicles shall be converted pick-up trucks or vehicles not specifically built by manufacturer for towing other vehicles.
3. Franchisee shall have access to either, through a sub -contract, or as an owner of equipment a tow vehicle capable of towing large trucks (semi type).
4. All tow vehicles shall have necessary communications equipment for radio transmission and reception & shall comply with FCC regulations and requirements. City frequencies shall not be used. Equipment shall be purchased and maintained solely at Franchisee's expense.
5. Each tow vehicle shall have a cable of sufficient size & capacity to retrieve vehicles that may have gone over embankments or off traveled portions of roadways and into inaccessible locations.
6. All towing vehicles shall be equipped with the auxiliary equipment required for vehicles towing for the California Highway Patrol, in accordance with Exhibit 2 439
Attachment "C" of the State of California, Department of California Highway Patrol Tow Service Agreement (CHP 234 (REV. 1-98) OPI 061), or any successor Agreement.
7. City also reserves the right to require that all towing vehicles be inspected by an automotive professional certified by the State of California Bureau of Automotive Repair, and selected by the City. All vehicle inspection fees shall be borne solely by the Franchisee and shall be due and payable upon presentation of the vehicle for inspection. A yearly inspection of all vehicles is required and the Franchisee shall not interfere in any way with any such inspections. The Franchisee is responsible for arranging the annual vehicle inspection with the City. Any towing vehicle that fails an inspection shall not be used to provide towing service in the City until it is repaired and passes re -inspection. In lieu of the aforementioned inspection procedures, the Chief of Police may deem the inspection procedures of the California Highway Patrol, that are in effect at the time, to be sufficient to meet the requirements of this section.
C. Tow Drivers.
1. Franchisee shall ensure that only qualified and competent tow drivers respond to calls initiated by the Police Department. Tow drivers shall be at least 18 years of age and possess the appropriate minimum class Drivers' License and qualifications.
2. All tow drivers shall be thoroughly trained in the proper and safe use of all equipment used in the performance of their duties.
3. All drivers shall be uniformed with the name of the towing company and their individual name.
4. All personnel acting on behalf of Franchisee shall be finger printed and photographed by the City's Police Department. The City may, at its discretion, conduct a background check as part of the proposal evaluation process of any employee that may include, but is not limited to: fingerprinting, a check of criminal convictions, credit history, driving history, and civil liens and judgments. If the City determines, through a background check, that an employee is not qualified to provide services to the City as specified in the City RFP and Agreement, the City will notify the Franchisee in writing as to the City's findings. Although the Franchisee may retain the disqualified employee, Franchisee must not use or dispatch the disqualified employee for a service that Franchisee provides to the City pursuant to this Agreement.
5. Franchisee shall as a minimum, maintain the following information for each employee:
i. Full Name of the driver
Exhibit 2
440
ii. Date of birth
iii. California Drivers' License Number
iv. Copy of valid Medical certificate (if required)
v. Job title and description
vi. Current home address and phone number, and
vii. Types of vehicles the driver has been trained and instructed to operate SECTION 8. GENERAL PROVISIONS.
A. Insurance. Without limiting Franchisee's indemnification of the City, and prior to commencement of work, Franchisee shall obtain, provide, and maintain at its own expense during the Term of this Agreement, policies and procedures of the type and amounts described below and in a form satisfactory to the City:
1. General Liability Insurance: Franchisee shall maintain commercial general liability insurance with coverage at least as broad as Insurance Services Office form CG 00 01, in amount not less than $1,000,000 per occurrence, $2,000,000 general aggregate, for bodily injury, personal injury, and property damage. The policy must include contractual liability that has not been amended. Any endorsement restricting standard ISO "insured contract" language will not be accepted.
2. Commercial Automobile Liability Insurance: Franchisee shall maintain automobile insurance at least as broad as Insurance Service Office CA 00 01 covering bodily injury and property damage for all activities of the Franchisee arising out of or in connection with work to be performed under this Agreement, including coverage for any owned, hired, non -owned, or rented vehicles, in an amount not less than $1,000,000 combined single limit for each accident.
Professional Liability (Errors and Omissions): Franchisee shall maintain professional liability insurance that covers the Work to be performed in connection with this Agreement, in the minimum amount of $1,000,000 per claim and in the aggregate. ' Any policy inception date, continuity date, or retroactive date must be before the Effective Date of this Agreement and Franchisee agrees to maintain continuous coverage through a period of no less than three (3) years after completion of Work required by this Agreement.
4. Workers Compensation Insurance: Franchisee shall maintain Workers' Compensation Insurance (Statutory Limits) and Employer's Liability Insurance with limits of at least $1,000,000.
5. Garage Keepers Legal Liability: Franchisee shall maintain coverage with a limit of not less than One Million Dollars ($1,000,000) per occurrence, $2,000,000 aggregate. The coverage must be inclusive of "Auto" and "Other Than Auto" coverages. The Other Than Collision coverage shall include "Comprehensive" (all perils) coverage. Coverage shall include Comprehensive and Collision.
Exhibit 2 441
This requirement can be satisfied by either a separate Garage Keepers Legal Liability policy or through a modification to the Commercial Automobile Liability policy. Evidence of either must be provided. The City shall be included as an Additional Insured for Vicarious Liability. This shall be documented using ISO Insurance Services Office CA endorsement CA 00 005 or an equivalent form.
Coverage shall include a waiver of subrogation provision to waive all rights of recovery under subrogation or otherwise against the City. Any deductible or self -insured retention shall be shown on the Certificate of Insurance. If the deductible or self -insured retention exceeds $100,000, it must be approved in advance by City. Franchisee is responsible for any deductible or self -insured retention and shall fund it upon City's written request, regardless of whether Franchisee has a claim against the insurance or is named as a party in any action involving the City. The policy definition of "insured contract" shall include assumptions of liability arising out of work performed for a municipality (Definition #5 of the ISO Garage Coverage form, or its equivalent).
6. Umbrella or Excess Liability: Franchisee shall maintain Umbrella or Excess Liability policies with limits that will provide bodily injury, personal injury, and property damage liability coverage, including commercial general liability, automobile liability, and employer's liability. Such policy or policies shall include the following terms and conditions: a drop -down feature requiring the policy to respond if any primary insurance that would otherwise have applied proves to be uncollectable in whole or in part for any reason,, other than bankruptcy or insolvency of said primary insurer; "pay on behalf of wording as opposed to "reimbursement"; concurrency of effective dates with primary policies. Should an excess liability policy be obtained and maintained, such policy shall be excess over commercial general liability, automobile liability, and employer's liability policies. Such policy or policies shall include wording that the excess liability policy follows the terms and conditions of the underlying policies.
7. Other Provisions, or Re
uirements:
Proof of Insurance. Franchisee shall provide certificates of insurance and required endorsements to the City as evidence of the insurance coverage required herein. Insurance certificates and endorsements must be approved by City's Risk Manager prior to commencement of performance. Current certification of insurance shall be kept on file with the City for the contract period and any additional length of time required thereafter. The City reserves the right to require complete, certified copies of all required insurance policies, at any time. ii. Duration of Coverage. Franchisee shall procure and maintain for the Agreement period, and any additional length of time required thereafter, insurance against claims for injuries to persons or damages to property, or financial loss which may arise from or in connection with the performance of the Work hereunder by Franchisee, their agents, representatives, employees, or subconsultants.
Exhibit 2
442
iii. Primary/Noncontributing. Coverage provided by Franchisee shall be primary and any insurance or self-insurance procured or maintained by the City shall not be required to contribute with it. The limits of insurance required herein may be satisfied by a combination of primary and umbrella or excess insurance. Any umbrella or excess insurance shall contain or be endorsed to contain a provision that such coverage shall also apply on a primary and noncontributory basis for the benefit of the City before the City's own insurance or self-insurance shall be called upon to protect it as a named insured.
iv. City's Rights of Enforcement. In the event any policy of insurance required under this Agreement does not comply with these specifications or is canceled and not replaced, the City has the right but not the duty to obtain the insurance it deems necessary, and any premium paid by the City will be promptly reimbursed by Franchisee or the City will withhold amounts sufficient to pay premium from Franchisee payments. In the alternative, the City may cancel this Agreement. v. Acceptable Insurers. All insurance policies shall be issued by an insurance company currently authorized by the Insurance Commissioner to transact business of insurance or is on the List of Approved Surplus Line Insurers in the State of California, with an assigned policyholders' Rating of A- (or higher) and Financial Size Category Class VII (or larger) in accordance with the latest edition of Best's Key Rating Guide, unless otherwise approved by the City's Risk Manager.
vi. Licenses. Franchisee shall hold at all times the appropriate licenses (Local, State, or Federal) to operate within the City. Franchisee shall also be solely responsible for any parking and traffic violations of vehicles operated by its employees.
vii. Compliance. Franchisee understands the various governing agencies and laws that have or may have jurisdiction and / or requirements that must be met under the Agreement, including but not limited to: The Federal Transit Authority, ADA, CARB, AQMD, LACMTA, and others.
B. Indemnification.
1. Franchisee agrees to indemnify, defend and hold harmless the City, its elected officials, officers, employees, attorneys, agents and volunteers (collectively, the "Indemnitees" ), at Franchisee's sole expense, from and against any and all lawsuits or other legal proceedings, claims, causes of action, losses, liabilities, penalties, forfeitures or actions of any kind asserted against any or all of the Indemnities arising out of the performance of Franchisee, its officers, employees, representatives, agents and/or subcontractors under in the performance of the Agreement, excepting only such claims or actions which may arise out of sole or active negligence of the lndemnitees. The defense obligation provided for hereunder shall apply without any advance showing of negligence or wrongdoing by the Franchisee, its employees, and/or authorized Exhibit 2
443
sub operators, and/or whenever any claim, action, complaint or suit asserts liability against the City, its elected officials, officers, agents, and employees based upon the work performed by the Franchisee, its employees, and/or authorized subcontractors are specifically named or otherwise asserted to be liable. This provision shall supersede and replace all other indemnity provisions contained either in the City's specifications or Franchisee's proposal, which shall be of no force and effect.
2. Franchisee's obligation to defend, hold harmless, and indemnify shall not be excused because of Franchisee's inability to evaluate liability or because the Franchisee evaluates liability and determines that Franchisee is not liable to the claimant. Franchisee must respond within thirty (30) days to the tender of a claim for defense and indemnity by the City, unless this time has been extended by the City. If Franchisee fails to accept or reject a tender of defense and indemnity within thirty (30) days, in addition to any other remedy authorized by law, as much of the money due Franchisee by virtue of this Agreement as shall reasonably be considered necessary by the City may be retained by the City until final disposition has been made or the claim or suit for damages, or until Franchisee accepts or rejects the tender of defense, whichever occurs first.
3. With respect to third party claims against Franchisee, Franchisee waives any and all rights of any type to express or implied indemnity against the Indemnities
4. Separate Counsel: City may elect to have separate legal counsel from Franchisee at any time at its sole discretion, and in such case Franchisee will pay one-half (1/2) of all fees and costs and charges for such separate legal counsel.
5. Subcontractors: Franchisee shall require all subcontractors to enter into an Agreement containing the provisions set forth in this subsection in which the subcontractor fully indemnifies the City in accordance with this Agreement.
6. Damage by Franchisee: If Franchisee's employees or subcontractors cause any injury, damage or loss to City property, including by not limited to City streets or curbs, Franchisee shall reimburse City for City's cost of repairing such injury, damage or loss. Such reimbursement is not in derogation of any right of the City to be indemnified by Franchisee for any such injury, damage or loss. With the prior written approval of City, Franchisee may repair the damage at Franchisee's sole cost and expense.
7. Tort Claims Act: This Agreement shall in no way act to abrogate or waive any immunities available to the City under the Tort Claims Act of the State of California.
Exhibit 2
444
C. Assignment or Transfer Prohibited.
The reputation, capability and identity of Franchisee are important and material factors in the award of this Agreement. Accordingly, Franchisee shall not assign, sell, subcontract, or otherwise transfer any of its obligations, rights, benefits, or other interests it may have under this Agreement to any other person or entity without the prior written consent of City to such transfer or assignment. City may, in its sole discretion, withhold consent to any sale, assignment, or other transfer of this Agreement with or without cause, and may solicit new proposals for the Towing Services. City's consent to a transfer or assignment shall neither relieve Franchisee of its obligations under, nor alter the terms of, this Agreement. For the purposes of this section, the sale, assignment, or other transfer from any person or group of persons collectively having an interest of fifty percent (50%) or more in Franchisee (whether by means of ownership of stock, partnership interests, tenancy, or otherwise) to any other person or entity shall be deemed an assignment subject to the provisions of this section. Any attempted or purported assignment, sale or other transfer by Franchisee without the prior written consent of City shall be null, void and of no effect.
D. Notices.
Any notice authorized or required to be given by this Agreement shall, unless otherwise specified in this Agreement, be served by personal delivery or by depositing such notice in the United States mail with first-class postage prepaid, addressed to the person and addresses listed below for each party, unless written notice is provided by either party as to a change of address for that party:
City:
Franchisee:
For the purposes of this Agreement, notices shall be deemed communicated as follows: (i) Notices delivered personally shall be deemed communicated as of the date of actual receipt; (ii) Notices sent via regular mail (whether by first class mail, registered mail or certified mail) shall be deemed communicated as of three (3) days after deposit thereof in the United States mail, addressed as shown on the addressee's registry or certificate of receipt; and (iii) Notices sent via Federal Express or similar courier service shall be deemed communicated two (2) days after deposit of such notices with Federal Express or similar courier or one of its agents City Manager and Chief of Police
City of Bell Gardens City Nall
7100 South Garfield Avenue
Bell Gardens, CA 90201
E. Authority to Enter Agreement.
City and Franchisee warrant that the individuals who have signed this Agreement have the legal power, right, and authority to enter into this Agreement so as to bind each Exhibit 2 445
respective party to perform the obligations and conditions imposed upon each party herein.
F. Audit of Franchisee's Books and Accounts.
Franchisee shall maintain the books and records of each tow or storage as required by Vehicle Code section 10650 and any other state law or regulation and this Agreement. All records, equipment, and storage facilities shall be open to periodic inspection by the City. Any deficiencies shall be corrected as soon as practicable upon request of the City. Franchisee shall permit and facilitate any inspections or audits that City may require.
Franchisee acknowledges, understands and agrees that any and all records provided to the City or otherwise maintained in compliance with Vehicle Code section 10650 may be subject to production to third -parties under the California Public Records Act (Government Code section 7920.000 et seq) and City reserves right to produce such records to the extent City, in its discretion, determines that such records are subject to disclosure. Franchisee shall make its books and records available to City during regular business hours, upon 24 -hours written notice from City, for the purpose of auditing and verifying Franchisee's payment of Franchise Fees and compliance with this Agreement.
G. Severability.
Whenever possible, each and every provision of this Agreement shall be interpreted in such a manner as to be valid under applicable law. If any provision, or portion thereof, of this Agreement, or the application of the same to any person or circumstances, is for any reason held to be invalid or unenforceable by a court of competent jurisdiction, such provision, or portion thereof, shall be severed from this Agreement and shall not affect the validity of the remaining portions of this Agreement.
City and Franchisee expressly declare that each would have entered into this Agreement, and each and every section and provision herein, irrespective of the fact that any one or more provisions may be declared invalid or unconstitutional.
H. Independent Contractor.
Franchisee is, and shall at all times remain as to City, a wholly independent contractor. Franchisee shall not, at any time, or in any manner, represent that it or any of its agents or employees are in any manner agents or employees of City. Franchisee shall have no power to incur any debt, obligation, or liability on behalf of City. Neither City nor any of its agents shall have control over the conduct of Franchisee or any of Franchisee's employees, except as set forth in this Agreement. Franchisee agrees to pay all required taxes on amounts paid to Franchisee under this Agreement, and to indemnify and hold City harmless from any and all taxes, assessments, penalties, and interest asserted against City by reason of the independent contractor relationship created by this Agreement. Franchisee shall fully comply with the workers' compensation laws regarding Franchisee and its employees. Franchisee further agrees to indemnify Exhibit 2 446
and hold City harmless from any failure of Franchisee to comply with applicable workers' compensation laws. City shall have the right to offset against the amount of any compensation due to Franchisee under this Agreement any amount due to City from Franchisee as a result of Franchisee's failure to promptly pay to City any reimbursement or indemnification arising under this Section 8(H).
. No Third Party Beneficiaries.
This Agreement, its provisions, and its covenants, are for the sole and exclusive benefit of City and Franchisee. No other parties or entities are intended to be, nor shall be considered, beneficiaries of the performance by either party of any of the obligations under this Agreement.
No Waiver.
Any failures or delays by City in asserting any of its rights and remedies as to any default shall not operate as a waiver of any default or of any such rights or remedies.
Delays by City in asserting any of its rights and remedies shall not deprive City of its right to institute and maintain any actions or proceedings which it may deem necessary to protect, assert, or enforce any such rights or remedies K. Time is of the Essence.
Time is of the essence in the pe
L. Modification and Amendment.
this Agreement.
This Agreement may not be modified, supplemented, or amended, except by written agreement signed by each of the parties hereto.
M. Binding on Successors and Assigns.
This Agreement, and each and every covenant, obligation, and condition herein, shall be binding on and shall inure to the benefit of the successors and assigns of City and Franchisee.
N. Institution of Legal Actions.
In addition to any other rights or remedies, either party may institute legal action to cure, correct, or remedy any default, to recover damages for any default, or to obtain any other remedy consistent with the purpose of this Agreement. Such legal actions must be instituted in the Superior Court of the County of Los Angeles, State of California, in any other appropriate court in that County, or in the Federal District Court in the Central District of California.
Exhibit 2
447
O. Attorney's Fees.
In the event either party brings an action at law or in equity, including any action for declaratory relief, to enforce the provisions of this Agreement against the other party, the prevailing party shall be entitled to recover from the other party reasonable attorneys' fees, costs and expenses incurred in connection with the prosecution or defense of such action which may be set by the Court in the same action or in a separate action brought for that purpose, in addition to any other relief to which the prevailing party may be entitled under law
P. Applicable Law.
The laws of the State of California shall govern the interpretation and enforcement of this Agreement.
Q. Use of Caption.
The use of captions to identify the various articles and paragraphs of this Agreement are solely for reference and as a matter of convenience, and in no way bind, emit, or describe the scope or intent of any provision.
R. Interpretation.
City and Franchisee acknowledge that this Agreement is the product of mutual, arms -length negotiation and drafting, and each party expressly represents and warrants to the other that it has been represented by legal counsel in the negotiation and drafting of this Agreement. Accordingly, the rule of construction which provides that all ambiguities in the document shall be construed against the drafter of that document shall have no application to the interpretation and enforcement of the provisions of this Agreement.
S. Cooperation and Further Acts.
City and Franchisee hereby agree to execute such other instruments and to do such further acts as may be reasonably required by, or necessary to carry out, the provisions of this Agreement.
T. Reservation of Rights.
City and Franchisee expressly reserve all rights that they may possess under the law unless expressly waived herein. By entering into this Agreement, neither City nor Franchisee waives any rights which it now or may later enjoy under applicable law, and City and Franchisee specifically reserve their rights to take full advantage of any changes in the law during the term of the Franchise.
Exhibit 2 448
U. Force Majeure.
If either City or Franchisee is unable to perform its duties under this Agreement due to strikes, lock -outs, labor disputes, inability to obtain labor, governmental restrictions, regulations or controls, civil commotion, fire or other casualty, emergency, or any other cause beyond the reasonable control of either City or Franchisee, such non- performing party shall be excused from the performance of its obligation by the other Party, and shall not be in breach of this Agreement, for a period equal to any such prevention, delay or stoppage.
V. Incorporation by Reference.
All exhibits attached to this Agreement or documents expressly incorporated by reference shall be deemed incorporated into this Agreement by the individual reference to each such exhibit or document, and all exhibits and documents shall be deemed part of this Agreement as though set forth in full. In the event of any conflict between the express provisions of this Agreement andthe provisions of any exhibit or document incorporated herein by reference, the provisions of this Agreement shall prevail.
W. Integration.
This Agreement represents the entire and integrated agreement between City and Franchisee and supersedes any prior negotiations, representations, or agreements, whether written or oral, with respect to the subject matter hereof.
X. Use of City Name.
Franchisee shall not use the words "BELL GARDENS" or "CITY" or like words in its corporate names, style of business, or on its equipment, nor shall Franchisee utilize the state words in any publication, promotion, program, etc., without the prior expressed written consent of the City.
SECTION 9. FRANCHISEE'S REPRESENTATIONS AND OBLIGATIONS.
A. Personnel.
Franchisee represents that it has, or shall secure at its own expense, all personnel required to perform the Work contemplated by this Agreement. Franchisee may associate with or employ associates or subcontractors in the performance of the Work upon obtaining the prior written approval of City to such association or subcontract, but shall remain, at all times, primarily responsible for the performance of the Work.
Exhibit 2 449
B. Governing Requirements.
Franchisee shall operate its tow service and shall perform all Work required of it under the terms of this Agreement in full compliance with the regulations set forth in this Agreement, including all applicable Federal, State and local laws.
C. Performance and Operational Standards.
Franchisee shall perform the Work in accordance with the standards set forth under Federal, State and local law. Franchisee shall at all times comply with such operating standards, noticing requirements and service requirements mandated under Article 1 of Chapter 10 of Division 11 of the California Vehicle Code (Vehicle Code section 22650 et seq.) including but not limited to those operating standards, noticing requirements and service requirements set forth under Vehicle Code sections 22655.5(c), 22658, and 22699. The failure to abide by such operating standards, noticing requirements and/or service requirements shall constitute an Event of Default under this Agreement.
D. Rates and Charges.
Franchisee may charge for the removal and ; storage of vehicles towed by Franchisee in the performance of the Towing Services contemplated by this Agreement. Rates and charges shall be in line with the industry standard and shall not be revised unless approved by the City Council The, towing charges shall also include the services of the tow driver and any other required personnel. The towing charges shall also include cleaning up and clearing of any accident site.
E. Prohibited Employment.
In addition to all other conditions of approval, the City Council of the City of Bell Gardens has also conditioned approval of this Agreement on Franchisee's compliance with the following: To the fullest extent permitted by law, under no circumstances may Franchisee do any of the following during the Term of this Agreement: (i) employ or offer employment to any person who is currently employed by the City; (ii) employ or offer employment to any former employee of the City whose employment ended or was otherwise terminated (for whatever reason) less than one year from the date the former employee is employed or offered employment by Franchisee; (iii) engage any employee of the City or offer to engage any employee of the City as an independent contractor or agent of Franchisee; and/or (iv) engage or offer to engage any former employee of the City as an independent contractor or agent of Franchisee where such engagement or offer to engage is made less than one year from the date the former employee's employment with the City of Bell Gardens ended or was otherwise terminated (for whatever reason).
Exhibit 2 450
SECTION 10. SIGNATURES
This Agreement may be executed in any number of counterparts, each of which so executed shall be deemed an original, but all of which when taken together shall constitute one and the same instrument.
[SIGNATURE PAGE TO FOLLOW]
Exhibit 2 451
IN WITNESS WHEREOF, the Parties hereto have caused this Agreement to be executed the day and year first appearing in this Agreement, above.
CITY OF BELL GARDENS:
By:
Name:
Title:
Date:
APPROVED AS TO FORM:
By:
Stephanie Vasquez, City Attorney
By:
Exhibit 2 452
EXHIBIT "A"
CITY RFP
Exhibit 2 453
EXHIBIT "B"
FRANCHISEE PROPOSAL
Exhibit 2 454
ATTACHMENT 1
CITY OF BELL GARDENS
CITY HALL
7100 GARFIELD AVENUE
BELL GARDENS, CA 90201
INSURANCE REQUIREMENTS CHECKLIST
(POLICE ORDERED TOWING & STORAGE SERVICES RFP)
TOW OPERATOR:
Minimum Insurance Requirements. As of the date of proposal submission, proposers must demonstrate insurance coverage amounts which meet or exceed the insurance coverage requirements specified in Section VI of the RFP and Section 8(A) of the sample agreement attached as Exhibit A of this RFP. City reserves the right to reject any proposal which does not demonstrate that the proposer meets the minimum insurance requirements of the RFP.
I. General Liability Insurance — minimum requirements met? yes no
notes:
II. Commercial Automobile Liability Insurance — minimum requirements met? yes no
notes:
III. Professional Liability (Errors & Omissions) — minimum requirements met? yes no
notes:
IV. Workers' Compensation Insurance — minimum requirements met? yes no
notes:
Exhibit 2 455
ATTACHMENT 1
V. Garage Keepers Legal Liability — minimum requirements met? yes
notes:
no
VI. Umbrella or Excess Liability — minimum requirements met? yes no
notes:
VII. Acceptability of Insurers —
yes no
notes:
Reviewer's Notes: (Typed on additional page or hand written below) Review Completed by:
Date/Time
Exhibit 2 456
ATTACHMENT 2
CITY OF BELL GARDENS
CITY HALL
7100 GARFIELD AVENUE
BELL GARDENS, CA 90201
CIVIL LITIGATION HISTORY/
CIVIL LITIGATION CERTIFICATION
(POLICE ORDERED TOWING & STORAGE SERVICES RFP)
Proposer shall provide either the certification requested below or information requested on the next page. Failure to provide such certification or information may result in a determination that the Proposer is nonresponsive. Failure to fully and accurately provide the requested certification or information may result in a determination that the Proposer is not responsible and City may reject the proposal on this basis as well. For the five (5) years preceding the date of submittal of this Proposal, identify any civil litigation arising out of the performance of a towing and storage services within the State of California in which any of the following was a named plaintiff or defendant in a lawsuit brought by or against the entity soliciting Proposals: the Proposer submitting the instant Proposal, including any person who is an officer of, or in a managing position with, or has an ownership interest in the entity submitting the Proposal. Do not include litigation which is limited solely to enforcement of mechanics' liens or stop notices. Provide on the following page labeled "Civil Litigation History Information:" (i) the name and court case identification number of each case, (ii) the jurisdiction in which it was filed, and (iii) the outcome of the litigation, e.g., whether the case is pending, a judgment was entered, a settlement was reached, or the case was dismissed.
CIVIL LITIGATION CERTIFICATION
If the Proposer has no civil litigation history to report as described above, complete the following:
1, , am the
(Print name of person responsible for submitting Proposal) (Title with Proposing Entity) of (hereinafter, "Proposer").
(Print Name of Proposing Entity)
In submitting a Proposal to the City of Bell Gardens for Police Ordered Towing & Storage Services, I, hereby certify that neither Proposer nor any person who is an officer of, in a managing position with, or has an ownership interest in Proposer has been involved in civil litigation as described, above.
I declare under penalty of perjury that the foregoing is true and correct.
Executed this day of at
(month and year) (city and state)
by
(Signature of Person Responsible for Submitting Proposal on behalf of Proposer) Exhibit 2 457
ATTACHMENT 2
CIVIL LITIGATION HISTORY INFORMATION
(1A) Name of Case:
Court case identification number:
(1 B) Jurisdiction in which case was filed:
(1C) Outcome of the case:
(2A) Name of Case:
Court case identification number:
(2B) Jurisdiction in which case was filed:
Exhibit 2 458
ATTACHMENT 2
(2C) Outcome of the case:
DECLARATION
I, , the
(Print name of person responsible for submitting Proposal) (Title with Proposing Entity) of (hereinafter, "Proposer")
(Print Name of Proposing Entity)
declare under penalty of perjury that the above information is true and correct.
Executed this day of at
(month and year) (city and state)
by
(Signature of Person Responsible for Submitting Proposal on behalf of Proposer)
END OF DOCUMENT
Exhibit 2 459
ATTACHMENT 3
CITY OF BELL GARDENS
CITY HALL
7100 GARFIELD AVENUE
BELL GARDENS, CA 90201
CRIMINAL CONVICTIONS CERTIFICATION
(POLICE ORDERED TOWING & STORAGE SERVICES RFP)
Proposer shall provide either the certification requested below or information requested on the next page. Failure to provide such certification or information may result in a determination that the Proposer is nonresponsive. Failure to fully and accurately provide the requested certification or information may result in a determination that the Proposer is not responsible.
For the five (5) years preceding the date this Proposal is due, identify on the following page any criminal conviction in any jurisdiction of the United States for a violation of law arising out of towing and storage services by the Proposer submitting this Proposal, including any person who is an officer of, or in a management position with, or has an ownership interest in the contracting entity which is submitting this Proposal. Provide on the following page labeled "Criminal Convictions Information:" (1) the date of conviction, (2) the name and court case identification number, (3) the identity of the law violated, (4) the identity of the prosecuting agency, (5) the contract or project involved, (6) the punishment imposed, and (7) any exculpatory information of which the City should be aware.
CRIMINAL CONVICTIONS CERTIFICATION
If the Proposer has no criminal convictions to report as described above, complete the following:
I, , hereby certify that neither
(print name of owner, officer, manager, or licensee responsible for submission of Proposal) (Proposer name as shown on Proposal)
has been convicted of a criminal violation as described above.
I declare under penalty of perjury that the foregoing is true and correct.
Executed this day of at
(month and year) (city and state)
by
(signature of owner, officer, manager, or licensee responsible for submission of Proposal) Exhibit 2 460
ATTACHMENT 3
CRIMINAL CONVICTIONS INFORMATION
(1) Date of conviction:
(2) Name of case:
Court case identification number:
(3) Identity of the law violated:
(4) Identity of the prosecuting agency:
(5) Contract or project involved:
(6) Punishment imposed:
(7) Exculpatory information:
Declaration: I declare under penalty of perjury that the above information is true and correct.
Executed this
day of at
(month and year) (city and state)
by
(signature of owner, officer, manager, or licensee responsible for submission of Proposal) Exhibit 2 461
ATTACHMENT 4
CITY OF BELL GARDENS
CITY HALL
7100 GARFIELD AVENUE
BELL GARDENS, CA 90201
FALSE CLAIMS/FALSE CLAIMS ACT CERTIFICATION
(POLICE ORDERED TOWING 8, STORAGE SERVICES RFP)
Proposer shall provide either the certification requested below or the information requested on the next page. Failure to certify or provide the requested information may result in a determination that the Proposer is non -responsive and City may reject the proposal on this basis. Failure to fully and accurately provide the requested certification or information may result in a determination that the Proposer is not responsible and City may reject the proposal on this basis as well. "False Claims Act", as used herein, is defined as either or both the Federal False Claims Act, 31 U.S.C. Sections 3729 et seq., and the California False Claims Act, Government Code Sections 12650 et seq.
FALSE CLAIMS ACT CERTIFICATION
If the Proposer has no False Claims Act violations as described above, complete the following:
I, , am the
(Print name of person responsible for submitting proposal) (Title with proposing entity) of (hereinafter, "Proposer").
(Print Name of Proposing Entity)
In submitting a proposal to the City of Bell Gardens, I, hereby certify that neither Proposer nor any person who is an officer of, in a managing position with, or has an ownership interest in Proposer has been determined by a court or tribunal of competent jurisdiction to have violated the False Claims Act as defined above.
I declare under penalty of perjury that the foregoing is true and correct.
Executed this day of at
(month and year) (city and state)
By
(Signature of Person Responsible for Submitting Proposal on behalf of Proposer) Exhibit 2 462
ATTACHMENT 4
FALSE CLAIMS ACT VIOLATIONS INFORMATION
(1) Date of Determination of Violation:
(2) Identity of tribunal or court and case name or number, if any:
(3) Government Contract or project involved:
(4) Government agency involved:
(5) Amount of fine imposed:
(6) Exculpatory Information:
DECLARATION
, the
(Print name of person responsible for submitting proposal) (Title with proposing entity) of (hereinafter, "Proposer")
(Print Name of Proposing Entity)
declare under penalty of perjury that the above information is true and correct.
Executed this day of at
(month and year) (city and state)
By
(Signature of Person Responsible for Submitting Proposal on behalf of Proposer)
END OF DOCUMENT
Exhibit 2 463
ATTACHMENT 5
CITY OF BELL GARDENS
CITY HALL
7100 GARFIELD AVENUE
BELL GARDENS, CA 90201
NON -COLLUSION AFFIDAVIT
(POLICE ORDERED TOWING & STORAGE SERVICES RFP)
State of California
SS:
County of Los Angeles
(print name of person)
being first duly sworn, deposes and says that he or she is of , the party
(print title of person) (print name of firm)
submitting a proposal for the award of a Towing Services Non -Exclusive Franchise Agreement for the City of Bell Gardens, that the proposal is not made in the interest of, or on behalf of, any undisclosed person, partnership, company, association, organization, or corporation; that the proposal is genuine and not collusive or sham; that the proposer has not directly or indirectly induced or solicited any other proposer to put in a false or sham proposal, and has not directly or indirectly colluded, conspired, connived, or agreed with any proposer or anyone else to put in a sham proposal, or that anyone shall refrain from proposing; that the proposer has not in any manner, directly or indirectly, sought by agreement, communication, or conference with anyone to fix the terms of the proposal, including the amount to paid to the City of Bell Gardens in the form of franchise fees, permit fees and other forms of compensation, or to fix any overhead, profit or cost element of the proposal, or of that of any other proposer, or to secure any advantage against the public body awarding the franchise agreement to anyone interested in being awarded a towing and vehicle storage services franchise; that all statements contained in the proposal are true; and, further, that the proposer has not, directly or indirectly, submitted its proposal or any breakdown thereof, or the contents thereof, or divulged information or data relative thereto, or paid, and will not pay, any fee to any corporation, partnership, company, association, organization or to any member or agent thereof to effectuate a collusive or sham proposal. (Signature of Proposer)
[NOTARY ACKNOWLEDGEMENT TO FOLLOW]
Exhibit 2 464
ATTACHMENT 5
STATE OF CALIFORNIA )
SS:
COUNTY OF LOS ANGELES )
Subscribed and sworn to (or affirmed) before me this day of 2024.
In witness whereof I have hereunto set my hand and affixed my official seal the day and year in this certificate first above written.
(SEAL OF NOTARY)
(Signature of Notary)
(Printed Name of Notary)
END OF DOCUMENT
Exhibit 2 465
ATTACHMENT 6
CITY OF BELL GARDENS
CITY HALL
7100 GARFIELD AVENUE
BELL GARDENS, CA 90201
CAMPAIGN CONTRIBUTION DISCLOSURE FORM
(POLICE ORDERED TOWING & STORAGE SERVICES RFP)
Cities are subject to the campaign disclosure provisions detailed in Government Code § 84308 California Government Code § 84308, commonly referred to as the "Levine Act," precludes an Officer of a local government agency from participating in the award of a contract if he or she receives any political contributions totaling more than $250 in the 12 months preceding the pendency of the contract award, and for 12 months following the final decision, from the person or company awarded the contract. This prohibition applies to contributions to the Officer, or received by the Officer on behalf of any other Officer, or on behalf of any candidate for office or on behalf of any committee. The Levine Act also requires disclosure of such contributions by a party to be awarded a specified contract. Please refer to the attachment for the complete statutory language.
1. Application for:
❑ License
❑ Permit
❑ Franchise
❑ Mills Act or Development Agreement
❑ Contract (Professional Services, Construction Services, Maintenance, Public Works, etc.) ❑ Lease
❑ Other Entitlement'
2. Have you or your company, or any participant or agent on behalf of you or your company, made any political contributions of more than $250 to any City Councilmember or Commissioner within the preceding 12 months?
YES I- NO C
3. Date of the City Council or Commissioner Meeting when proceeding will be considered? (if known and if applicable):
4. Is this a supplement to a previously submitted Campaign Contribution Disclosure Form for the proceeding?
YES NO
"License, permit or other entitlement for use" means all business, professional, trade, and land use licenses and permits and all other entitlements for use, including all entitlements for land use, all contracts (other than competitively bid, labor, or personal employment contracts) and all franchises.
Exhibit 2 466
If yes, what is the date of the previously submitted form:
5. Is this a correction to a previously submitted Campaign Contribution Disclosure Form for the proceeding?
YES ❑ NO ❑
If yes, what is the date of the previously submitted form:
Provide a brief explanation of correction:
6. CONTRIBUTIONS
Name of City Councilmember or Commissioner receiving contribution:
Submit separate forms for any contributions made to other City Councilmembers or Commissioners. Only one (1) City Councilmember or Commissioner may be listed per form.
Complete the table below with all contributions made by the party, participant or their agent with whom contributions must be aggregated of more than $250. If you have more than five contributions to report, please submit a supplemental form.
Name of Party
Name of Participant or Agent
Making Contribution
Date of
Contribution
Amount of
Contribution
1. 2.
3. 4.
5. Total Contributions
0.00 By signing below, I certify under penalty of perjury that the statements made herein are true and correct to the best of my knowledge.
Name:
Email: _
Phone:
Date:
Signature:
Answering yes to the questions above does not preclude the City of Bell Gardens from awarding an application or contract to your firm. It may, however, preclude the identified City Councilmember or Commissioner from participating in the application or contract award process for this contract.
Exhibit 2 467
California Government Code Section 84308
(a) The definitions set forth in this subdivision shall govern the interpretation of this section. (1) "Party" means any person who files an application for, or is the subject of, a proceeding involving a license, permit, or other entitlement for use.
(2) "Participant" means any person who is not a party but who actively supports or opposes a particular decision in a proceeding involving a license, permit, or other entitlement for use and who has a financial interest in the decision, as described in Article 1 (commencing with Section 87100) of Chapter 7. A person actively supports or opposes a particular decision in a proceeding if that person lobbies in person the officers or employees of the agency, testifies in person before the agency, or otherwise acts to influence officers of the agency.
(3) "Agency" means an agency as defined in Section 82003 except that it does not include the courts or any agency in the judicial branch of government, the Legislature, the Board of Equalization, or constitutional officers. However, this section applies to any person who is a member of an exempted agency but is acting as a voting member of another agency.
(4) "Officer" means any elected or appointed officer of an agency, any alternate to an elected or appointed officer of an agency, and any candidate for elective office in an agency. (5) "License, permit, or other entitlement for use" means all business, professional, trade, and land use licenses and permits and all other entitlements for use, including all entitlements for land use, all contracts (other than competitively bid, labor, or personal employment contracts), and all franchises. (6) "Contribution" includes contributions to candidates and committees in federal, state, or local elections. (b) While a proceeding involving a license, permit, or other entitlement for use is pending, and for 12 months following the date a final decision is rendered in the proceeding, an officer of an agency shall not accept, solicit, or direct a contribution of more than two hundred fifty dollars ($250) from any party or a party's agent, or from any participant or a participant's agent if the officer knows or has reason to know that the participant has a financial interest, as that term is used in Article 1 (commencing with Section 87100) of Chapter 7.
This prohibition shall apply regardless of whether the officer accepts, solicits, or directs the contribution on the officer's own behalf, or on behalf of any other officer, or on behalf of any candidate for office or on behalf of any committee.
(c) Prior to rendering any decision in a proceeding involving a license, permit, or other entitlement for use pending before an agency, each officer of the agency who received a contribution within the preceding 12 months in an amount of more than two hundred fifty dollars ($250) from a party or from any participant shall disclose that fact on the record of the proceeding. An officer of an agency shall not make, participate in making, or in any way attempt to use the officer's official position to influence the decision in a proceeding involving a license, permit, or other entitlement for use pending before the agency if the officer has willfully or knowingly received a contribution in an amount of more than two hundred fifty dollars ($250) within the preceding 12 months from a party or a party's agent, or from any participant or a participant's agent if the officer knows or has reason to know that the participant has a financial interest in the decision, as that term is described with respect to public officials in Article 1 (commencing with Section 87100) of Chapter 7. (d) (1) If an officer receives a contribution which would otherwise require disqualification under this section, and returns the contribution within 30 days from the time the officer knows, or should have known, about the contribution and the proceeding involving a license, permit, or other entitlement for use, the officer shall be permitted to participate in the proceeding.
(2) (A) Subject to subparagraph (B), if an officer accepts, solicits, or directs a contribution of more than two hundred fifty dollars ($250) during the 12 months after the date a final decision is rendered in the proceeding in violation of subdivision (b), the officer may cure the violation by returning the contribution, or the portion of the contribution in excess of two hundred fifty dollars ($250), within 14 days of accepting, soliciting, or directing the contribution, whichever comes latest.
(B) An officer may cure a violation as specified in subparagraph (A) only if the officer did not knowingly and willfully accept, solicit, or direct the prohibited contribution. (C) An officer's controlled committee, or the officer if no controlled committee exists, shall maintain records of curing any violation pursuant to this paragraph.
(e) (1) A party to a proceeding before an agency involving a license, permit, or other entitlement for use shall disclose on the record of the proceeding any contribution in an amount of more than two hundred fifty dollars ($250) made within the preceding 12 months by the party or the party's agent. (2) A party, or agent to a party, to a proceeding involving a license, permit, or other entitlement for use pending before any agency or a participant, or agent to a participant, in the proceeding shall not make a Exhibit 2 468
contribution of more than two hundred fifty dollars ($250) to any officer of that agency during the proceeding and for 12 months following the date a final decision is rendered by the agency in the proceeding. (3) When a closed corporation is a party to, or a participant in, a proceeding involving a license, permit, or other entitlement for use pending before an agency, the majority shareholder is subject to the disclosure and prohibition requirements specified in this section. (f) This section shall not be construed to imply that any contribution subject to being reported under this title shall not be so reported.
For more information, contact the Fair Political Practices Commission, 428 J Street, Suite 800, Sacramento, CA 95814, (916) 322-5660.
Exhibit 2 469
REQUEST FOR PROPOSALS
FOR THE BELL GARDENS
POLICE ORDERED TOWING & STORAGE SERVICES
Closing Date: Monday, July 8, 2024
Closing Time: 4:00 p.m.
Proposals received from:
Exhibit 3 470
Lt. Rigoberto Barrios
Bell Gardens Police Department
City of BeII Gardens
7100 Garfield Avenue
BeII Gardens, CA 90201
Submitted by:
Mr. C's Towing of South Gate, Inc.
4421 Mason Street
South Gate, CA 90280
Tel: (323) 249-0545
Exhibit 4
471
TA
C
TE TS
Cover Letter 1-2
PROPOSAL — POLICE ORDERED TOWING AND STORAGE SERVICES 3-11 V. SCOPE OF SERVICES 8
REQUIREMENTS/ABILITY AND APPROACH TO PERFORM WORK REQUESTED
SPECIFICATIONS
A. Tow Truck Classifications/Equipment
Management and Staffing (Sections B and C)
B. Tow Drivers
C. Hours of Operation
D. Storage Facility
E. Response Time and Requirements
F. Charges/Fees
G. Storage Fees
H. Assessment Fees
Franchise Fees
Record Keeping
K. Inspections
L. Business Records
VI. INSURANCE REQUIREMENTS
A F. Insurance
G. Other Provisions or Requirements
4 4-5
5-6
5-6
6 6
6-7
7 8
8 8
8 9
9 9
Exhibit 4
472
VII. INDEMNIFICATION 9
VIII. PROPOSAL FORMAT AND CONTENT REQUIREMENTS
5. References 10
REFERENCES FROM OTHER TOWING SERVICE CONTRACTS 10
LIST OF AGENCIES SERVICES BEING PERFORMED 1Q-11
APPENDIX
Item 1 Certificate of Insurance
FORMS
Attachment "1" - Insurance Requirements Checklist
Attachment "2" - Civil Litigation History/Civil Litigation Checklist Attachment "3" - Criminal Convictions Checklist
Attachment "4" - False Claims/False Claims Act Certification Attachment "5" Non -Collusion Affidavit (Notarized)
Attachment "6" Campaign Contribution Disclossure Form
Exhibit 4 473
4421 Mason St.
South Gate, CA 90280
(323) 249-0575
July 8, 2024
City of Bell Gardens
Bell Gardens Police Department
7100 Garfield Avenue
Bell Gardens, CA 90201
Attention: Lt. Rigoberto Barrios
RE: RESPONSE TO REQUEST FOR PROPOSALS TOWING AND STORAGE SERVICES Dear Lt. Barrios and Officials of the City of Bell Gardens:
Mr. C's Towing of South Gate, Inc. (hereinafter "Mr. C's" or "the Company") is pleased to submit this Transmittal Letter as part of its Response to the City's Request For Proposals Police Ordered Towing and Storage Services for your review and consideration. The undersigned is authorized to bind Mr. C's in submitting this Response and has read and will comply with all the terms and conditions of the RFP, as more fully set forth in the Response.
Mr. C's, incorporated in the State of California on August 13, 2002, has been operating from the City of South Gate since incorporation, and offices in the City of Huntington Park for the past 8 years, with a record of outstanding, problem free service to other local cities and police departments. Mr. C's has contracted services with a number of Southeast Cities. Services provided include response to calls in the field and participating in DUI check points. The combined professional experience of the principals and managing/supervising personnel of Mr.
C's is over three decades. Jerry Brown, retired after more than 30 years in law enforcement (retired Lieutenant), serves as the General Manager for Mr. C's and works in the office in South Gate, (323) 249-0575 or by cell phone (323) 807-3515.
Mr. C's meets or exceeds ail of the minimum requirements set forth in the City's RFP. For the past several years, Mc. C's has had the pleasure of performing towing services for the City of Bell Gardens (hereinafter "the City") included in the current Scope of Services and meets the RFP stated eligibility requirements as follows:
• The Company is qualified to operate as a business in the State of California, holding a Motor Carrier License and maintains all required licenses, permits and certificates required, including a business license with the City • The Company will commit to the City provisions in the Scope of Services as set forth in the RFP
♦ The Company has a current towing contract with the California Highway Patrol (East Los Angeles and Westminster)
• The Company has a history and record of community involvement and support. within its areas of service
Exhibit 4
474
The Company, its officers, key managers, and employees have the knowledge and familiarity of applicable State and City Codes and procedures • The Company has the capability to satisfy the towing and storage requirements and perform the services stated in the RFP.
There is no financial, business, or other relationship with the City that may have an impact upon the outcome of the Agreement and therefore, no conflict of interest exists.
In addition to providing the scope of work contemplated by the Towing and Storage Services Agreement, and equally important, Mr. C's has been involved in community service charitable functions and events, such as Community Volunteer Programs, Police Explorer Programs, Police Widows and Orphans Fund, and Community Improvement efforts to strengthen its community involvement with other local governments.
During the time Mr. C's has engaged in towing and storage services for the City of Bell Gardens, and prior thereto, it has been likewise involved with community involvement in the City (sponsoring a table at the State of the City, participating/supporting in Lions Club and BGPOA golf tournaments, providing donations to the Boys and Girls Clubs, food giveaways, diapers and wipes, etching catalytic converters, National Night out crash vehicle, and donating vehicles for police training, i.e., bait car, shooting, SWAT team, as well as to the Montebello School District including toys at Christmas, Halloween events, scholarships for high school seniors and donations for football and wrestling teams) and would anticipate continued similar involvement if awarded the contract.
We hope to be awarded the Towing and Storage Services Agreement and to continue to be a more significant and meaningful member of the City of BellGardens community for many years to come. The undersigned is authorized to bind Mr. C's as to the content of this Response to the RFP and has read the Response, and Mr. C's will comply with all the terms and conditions herein if awarded the Contract, If you have any questions or wish to discuss this matter further, please contact the undersigned at the Office — (323) 249-0575 or by cell (323) 807-3515.
Thank you for your consideration and time.
Very truly yours,
RRY B N
General Manager
JB:tlk
Exhibit 4
475
PROPOSAL - POLICE ORDERED TOWING AND STORAGE SERVICES
The following proposal follows the captions and requested information in the same order as presented in the RFP for ease of review by the reviewing committee.
V. SCOPE OF SERVICES
REQUIREMENTS/ABILITY AND APPROACH TO PERFORM WORK REQUESTED Mr. C's is a California corporation, incorporated in 2002, with its principal place of business located at 4421 Mason St., South Gate, CA; telephone (323) 249-0575. Kurtis McElroy is the President of the Corporation and works out of the offices in Los Alamitos, (800) 273-3699. For purposes of the RFP for towing and storage services to the City, the property located at 6105 Maywood Avenue, in Huntington Park, will be used and is 1.7 miles from the City.
Mr. C's meets or exceeds all of the minimum requirements set forth in the City's RFP. For the past several years, Mc. C's has had the pleasure of performing towing services for the City of Bell Gardens (hereinafter "the City") included in the current Scope of Services and meets the RFP stated eligibility requirements as follows:
• The Company is qualified to operate as a business in the State of California, holding a Motor Carrier License and maintains all required licenses, permits and certificates required, including a business license with the City (License #00171593)
♦ The Company will commit to the City provisions in the Scope of Services as set forth in the RFP
• The Company has a current towing contract with the California Highway Patrol (East Los Angeles and Westminster)
♦ The Company has a history and record of community involvement and support within its areas of service
• The Company, its officers, key managers, and employees have the knowledge and familiarity of applicable State and City Codes and procedures • The Company has the capability to satisfy the towing and storage requirements and perform the services stated in the RFP.
Mr. C's intends to provide swift, professional service in the removal of any vehicle, as directed by the City, from any City street. It has sufficient equipment and personnel to do so. It is committed to give priority to City calls when requested and to maintain sufficient personnel and equipment to perform such services, with a response time averaging 10 minutes. This is consistent with Mr.
C's commitment to other cities with whom it has a contract as part of its 'business custom and practice' and has been the case since Mr. C's has been performing towing services for the City.
Mr. C's shall furnish towing and secure storage for vehicles seized, impounded or otherwise caused to be removed from public or private property by the Police Department. Towing services shall include, but not be limited to, removal of wrecked vehicles and debris resulting from accidents, preliminary work necessary to towing, including removal of vehicles from ditches or separation of entangled vehicles, removal of vehicles for criminalistics and/or purposes as directed by the Police Department personnel, other impoundment of vehicles as directed by the Police Department.
_3_
Exhibit 4 476
Mr. C's will provide emergency service for vehicles within 50 miles of the City limits at no charge to the City. This service shall be provided at all times, including weekends and holidays.
Emergency services shall include, but are not limited to tire changes, battery jump starts, and towing inoperable vehicles.
SPECIFICATIONS
A. Tow Truck Classifications/Equipment
Mr. C's vehicles and equipment conform to CHP Classification and are in compliance with the applicable provisions of the California Vehicle Code. The tow trucks are equipped and maintained in accordance with the provisions set forth in the California Vehicle Code and consistent with Industry Standards & Practices. Mr. C's is sensitive and concerned about the environment and holds a Certificate of Reported Compliance Truck and Bus Regulation with the California Air Resources Board.
All vehicles are on a preventative maintenance schedule, strictly followed, to ensure reliability and performance. All tow vehicles are inspected annually by the CHP. Additionally, all tow vehicles are inspected daily by the driver, who is assigned to his or her own vehicle. All of the vehicles are equipped with cleaning supplies and each driver takes pride in keeping his or her truck clean.
Mr. C's has more than the minimum required by the RFP of three (3) standard tow vehicles, 1 ton rating or greater, with dual rear wheels and one flat bed tow always available'. The inventory of Mr. C's vehicles includes those capable of providing the follow services: recovery truck(s) with an adjustable boom with a minimum lifting capacity of at least 4 tons, wheel lift towing, roll back/flatbed towing, towing in parking garages, towing of large and oversized vehicles and towing of motorcycles without causing additional damage. Mr. C's understands the Police Department shall have the right to inspect all tow trucks annually and that the Chief or his designee may conduct additional inspections without notice during regular business hours.
None of the vehicles are converted pick-up trucks or vehicles not specifically built by manufacturer for towing other vehicles. Mr. C's does not require any subcontractor to perform the required towing services and owns a tow vehicle capable of towing large trucks (semi type)2.
Each tow vehicle has cable of sufficient size and capacity to retrieve vehicles that may have gone over embankments or off traveled portions of roadways and into inaccessible locations.
Each vehicle has the necessary communications equipment for radio transmission and reception and complies with FCC regulations ad requirements. All tow trucks and base station are equipped with two-way radios on a private channel dedicated to Mr. C's. Each driver also has a cell phone available.
Mr. C's has over 20 vehicles available.
2 However, should such an occasion arise, Mr. C's understands any such subcontractor must meet the same requirements of Mr. C's required by the Agreement, including insurance requirements, and shall be identified to the City.
Exhibit 4 477
Mr. C's has four 9,000 -pound capacity forklifts on site to assist in moving vehicles around the warehouse and storage yard without requiring the use of a tow vehicle. The forklift is equipped with a bear claw attachment that allows it to be used as a tow vehicle, contacting only the tires of the vehicle being moved. There is also a stationary vehicle lift in the warehouse to assist with inspections and investigations.
Management and Staffing (Sections B and C)
B. Tow Drivers
All tow drivers are qualified and competent and are at least 18 years of age and possess the appropriate minimum class Drivers' License.
Drivers employed by Mr. C's, all of whom are bilingual (English/Spanish), are carefully screened to ensure the quality of personnel necessary to interact with clients and members of the public.
Mr. C's currently employs a total of 27 drivers and schedules the drivers to meet the requirements of the RFP and maintains all information required in the RFP (SPECIFICATIONS, Section B, Item 5) in a separate personnel file for each driver. They are highly qualified in towing and recovery and, once hired, obtain either WreckMaster, CTTA or AAA training/certification, if they do not already have one at the time of hiring. Each driver wears a Mr. C's uniform, complete with name tag that is clearly visible. They are required to be neat and clean, with hair,mustaches and beards neatly trimmed. Each driver carries a change of uniform to ensure proper appearance and cleanliness.
Drivers have their driving record checked on a regular basis. Mr. C's participates in a DMV Pull Notice Program, enabling Mr. Cs to be informed of any change to a driver's driving status or record. The drivers are required to submit to random drug testing, and, upon hiring, a criminal history check is performed.
Mr. C's understands all personnel acting on behalf of Mr. C's shall be fingerprinted and photographed by the Bell Gardens Police Department. It further understands the City may, at its discretion, conduct a background check as part of the proposal evaluation process of any employee and if the City determines that an employee is not qualified to provide services to the City, it will notify Mr. C's in writing and the 'disqualified' driver may not be used or dispatched for a service provided to the City pursuant to the Agreement. Upon selection/awarding of the Towing Services Contract, Mr. C's shall provide to the City, for its exclusive use in connection with the contract, not available for public disclosure for privacy reasons within ten (10) business days, the identifying information or any other information required, of any tow unit driver, and any subsequent driver, within ten (10) business days following the effective date of hiring.
Training involves a monthly update of company policies to ensure safety and consistency in the field. Statutes and changes in the law pertaining to towing are included in the monthly training, or more often, as circumstances dictate. Specific 'hands on' training is provided every six (6) months to the drivers.
The Operations Manager started his towing career 44 years ago as a driver. He is familiar with all aspects of the towing industry and is a Certified WreckMaster trainer, he is on the Board of California Tow Truck Association (CTTA) in Los Angeles and has been with Mr. C's since 1995.
There are two Driver Supervisors, one, employed by Mr. C's approximately 12 years, has been in Exhibit 4 478
the towing industry for more than 15 years as a driver, is familiar with all aspects of the towing industry and applicable laws and procedures, has a WreckMaster's Certificate and has been employed by Mr. C's about 10 years; and the other, employed by Mr. C's approximately 10 years, has been in the towing industry for more than 12 years as a driver, is familiar with all aspects of the towing industry and applicable laws and procedures, and has a WreckMaster's Certificate.
Mark Mathis, Operations Manager, will have primary responsibility for service of the towing and storage services provided under the Agreement.
C. Hours of Operation
Mr. C's has towing services available 24 hours a day, 7 days a week, 365 days per year, with a dispatcher on site, and understands it may be requested to periodically provide the deployment of trucks for special events such as sobriety check points, street fairs and parades. There are four full time dispatchers from 7:00 a.m. to 11:00 p.m. capable of handling all calls for service. The office hours to the City, in accordance with the RFP, are 8:00 a.m. to 7:00 p.m., Monday through Friday. Vehicle release is available after normal business hours with a corresponding 'gate fee' charged. Alternate hours, as directed by the City, will also be available by Mr. C's to accommodate special City events.
D. Storage Facility
Mr. C's storage facility at 6105 Maywood in Huntington Park is approximately 3 acres that meets and exceeds the four stated requirements presented in the RFP. Mr. C's has been at this location since 2016 and is 1.7 miles from the City of Bell Gardens city limits.
Mr. C's impound lot is fully fenced (higher than 6 ft.), and secured, accessible by a solid metal electric gate for security. The property is equipped with exterior LED lighting as well as digital video monitoring/recording equipment (18 cameras in the yard, 4 in the office) with a recording capacity up to 45 days, for additional security. Additionally, the facility is "manned" 24/7/365 so that any unauthorized entry or attempt to enter the premises can be immediately detected.
The impound lot is approximately 130,680 square feet, capable of holding 895 vehicles, with accessibility and ability to prevent damage to such vehicles. Also on the premises is an enclosed warehouse, approximately 20,000 square feet, within which is an enclosed, locked evidence cage, the latter of which is capable of holding approximately 10 vehicles, ordered to be impounded by the Police Department for involvement in the commission of crimes or as evidence. Additional holding space, if needed, is available within the warehouse and will hold at least 30 cars/trucks.
E. Response Time and Requirements
Mr. C's more than meets the requirements for response time set forth in the RFP. Mr. C's is committed to give priority to City calls when requested and to maintain sufficient personnel and equipment to perform such services, as described above, with a response time averaging about 10 minutes. This has been the average response time since Mr. C's has been performing towing services for the City and is consistent with Mr. C's commitment to other Cities with whom it has a contract as part of its 'business custom and practice'. Should a tow unit be unable to respond immediately, or within the RFP stated 'not to exceed 20 minutes', the Police Department Communications Center will be immediately notified and provided with an estimated time of arrival. In the event the tow vehicle does not arrive within 30 minutes from the time of call, Mr. -6-
Exhibit 4
479
C's understands the Police Department reserves the right to request towing services from another tow company.
Mr. C's agrees, except for private impounds or storages, not to remove any vehicle without first being instructed to do so by an authorized Police Department Officer. Vehicles towed by Mr. C's remain in the same condition as received. Vehicles towed and placed in the evidence cage remain in the same condition as received, deferring to police personnel to catalogue or otherwise secure personal property in the vehicle, for validation and chain of custody issues, unless otherwise instructed and supervised by a member of the City's law enforcement.
F. Charges/Fees
The proposed rates, comparable to the rate Mr. C's offers to other governmental entities for similar work, is the following:
Towing Fee
Storage Fee
Miscellaneous Service Fee
$230.00 (includes passenger cars, trucks and trailer over 1 ton, motorcycles, and all other vehicles; includes the
services of the tow driver and any other required personnel; and shall include cleaning up and clearing of any accident site
$330.00 (includes heavy duty vehicles
$75.00 per day
%1 of the above towing fee
The Miscellaneous Service Fee, referenced above, includes, but is not limited to opening locked vehicles, up righting overturned vehicles, dollying, winching, after hour release fee, and/or fuel service. There is no charge for disconnectin, and reconnecting drive shaft.
For those vehicles towed/impounded and brought to Mr. C's yard, a licensed lien sale company, Clear Choice, sends written notice to the registered and legal owner of the vehicle's location and location phone number, within three (3) days of the vehicle being impounded. If circumstances permit, the vehicle's location, and phone number of where the vehicle will be taken for impound is provided at the time of impound by the Impounding Officer. All lien related paperwork and filings are handled by Clear Choice. Lien sales are held every Wednesday.
Mr. C's understands the City shall not be responsible or liable for payment of towing services in the event that vehicle owner refuses or is unable to pay for the services rendered, nor is the City nor vehicle owner responsible for fees/charges for any vehicle towed or impounded, or both, through any error of the City or the Service Provider. Mr. C's further understands it will immediately release any vehicle, without charge, upon the request of the Police Department on - duty Watch Commander, and that Mr. C's may later appeal the decision of the Police Department on -duty Watch Commander in writing to the Chief of Police.
Exhibit 4
480
G. Storage Fees.
The storage fees stated in Section F, above, apply for inside and outside storage. Mr. C's does not differentiate between the locations for storage fees.
A large sign, posted in a clearly visible location at the Storage Facility office, lists all fees associated with our business. Mr. C's accepts cash, credit, and debit cards for payment of fees for the release of vehicles upon presentation of proper identification. Checks are accepted but not a preferred method of payment, unless required by the City. The schedule of rates charged are available in the vehicle and will be presented upon demand of persons to whom the tow services were provided or their agent or the Police Officer at the scene.
Mr. C's understands owners of vehicles stored for 24 hours or less shall be charged no more than 1 day storage, with each day thereafter calculated by calendar days.
H. Assessment Fees.
Mr. C's will submit timely payment of "Assessment Fees" of twenty-five (25%) percent of Gross Receipts, calculated based upon the towing and related services performed at the request of the City, no later than the tenth (10th) day of the following month to the City's Finance Department.
A copy of the payment check, along with a payment report, shall be forwarded to the Chief of Police at the time of payment and a copy of the payment report shall be furnished to the Police Department as specified in the RFP. The payment report is prepared from the invoices and logbook information prepared concurrent with the call for service, containing the available identification information and number of days in storage, and maintained by Mc. C's in accordance with its retention practice for a minimum of five (5) years. Books and records are made available by Mr. C's for inspection (audit) by the City or an outside auditing firm contracted by the City.
I. Franchise Fees.
Mr. C's agrees, if awarded the contract, to pay a franchise fee in the sum of $12,000 ("Annual Franchise Fee") and shall be due within 30 days of execution of the Agreement. Commencing in year 2 of the Agreement, and continuing through the term of the Agreement, it is understood the Annual Franchise Fee shall be paid to the City on the first day of August of each year. Should the City elect to extend the term of the Agreement for the additional two (2) one (1) year extensions, it is understood the City shall be paid the Annual Franchise Fee for each additional year on the first day of August of each year.
J. Record Keeping.
All calls for service are recorded on a carbon -copied call back book by date and number for a permanent record. The record includes the type of call, date, time, and location, and year, make and model of the vehicle. Records related to release, including date of release, party released to, total charges and payment received are likewise obtained. Each month, a written report of all vehicles towed under the terms of the Agreement for the previous month shall be furnished to the Police Department, with the details identified in the RFP, and shall be due no later than the 10th of each month.
Mr. C's understands its records concerning towing and storage services my be inspected, without notice, by the Chief of Police of his designee.
-8-
Exhibit 4
481
VI. INSURANCE REQUIREMENTS
A. F. Insurance
Without limiting any indemnification provisions, and prior to commencement of work, Mr. C's shall obtain, provide and maintain at its own expense during the term of the Agreement, the policies required as specified in the RFP, Sections A through F, and currently maintains such policies under Mr. C's current contract with the City:
♦ Commercial General Liability
♦ Business Auto Liability
• Uninsured Motorist
Garagekeepers (inc On -Hook)
• Umbrella Insurance
• Workers Compensation
$lmillion ea. occ./$3 million aggregate
$1 million
Included in Business Auto Policy
$500,000 (see add'I Umbrella Coverage)
$lmillion ea. occ./$1 million aggregate
ICW statutory limits
G. Other Provisions or Rec uirements
Mr. C's will provide certificates of insurance and required endorsements as evidence of the insurance coverage currently in effect with the City, attached as Appendix, Item 1, and will comply with all other insurance requirements set forth in the RFP at Section G, items 2-5.
Mr. C's understands and shall obtain and maintain all necessary licenses, permits and certificates required by law for the conduct of its towing and storage services within the City of Bell Gardens, as set for in Section G, item 6 of the RFP and will comply with governing agencies and laws that have or may have jurisdiction and/or requirements that must be met under the Agreement.
Mr. C's maintains the following permits/licenses, all of which are current and in good standing:
State of CA Motor Carrier
City of Bell Business License
City of Bell Gardens Business License
City of Carson Business License
City of Gardena Business License
City of Hawthorne Business License
City of Huntington Park Business License
City of Lynwood Business License
City of Commerce Business License
City of Compton Business License
City of Cudahy Business License
City of Downey Business License
City of Los Angeles Business License
City of Pico Rivera Business License
City of South Gate Business License
City of Vernon Business License
INDEMNIFICATION
Mr. C's understands and agrees to the terms and scope of the indemnity provisions and the obligation to defend, hold harmless and indemnify the City as provided in items A. through G.
VIII. PROPOSAL FORMAT AND CONTENT REQUIREMENTS
Mr. C's followed the captions and requested information in the same order as presented in the RFP, pages 8 - 17 for ease of review by the reviewing committee. It is understood that the proposal is to contain 6 elements describing how the towing and storage services would be performed which is addressed in the Transmittal Letter and pages 3-8 of the Proposal.
Exhibit 4
482
5. References
Mr. C's has been operating since 1986, with a record of outstanding, problem free service to other local cities and police departments in Los Angeles and ©range counties. Mr. C's has not been terminated from a towing service contract similar to the one which is the subject of this RFP. The list of clients has grown over the years because of the attention to detail and to the needs and requirements of law enforcement agencies. As part of the eligibility requirements of the City specified in the RFP, Mr. C's has a current towing contract with the California Highway Patrol. Mr. C's provides the following references for contact:
REFERENCES FROM OTHER TOWING SERVICE CONTRACTS
1. Chief Carlos Isla - (323) 585-1245
BeII Police Department
6326 Pine Avenue BeII, California 90201
Chief Darren Arakawa - (323) 563-5400
South Gate Police Department
8620 California Avenue
South Gate, CA 90280
3. Chief Cosme Lozano — (323) 584-06254
Huntington Park Police Department
6542 Miles Ave.
Huntington Park, CA 90255
Additionally, the following is a list of Agencies for whom Mr. C's performs towing and storage services.
AGENCY
LOCATION/PHONE
SERVING SINCE
City of Bell Police Dept
Chief Carlos Isla
Bell
(323) 585-1245
2014 - present
California Highway Patrol
Michelle Reinert
Westminster
(714) 892-4426
1987 - present
California Highway Patrol
(Evidence Contract)
Michelle Reinert
Westminster
(714) 892-4426
1995 — present
California Highway Patrol
Martin Gonzales
East Los Angeles
(323) 980-4600
2003 - present
City of Commerce
Ralph Vivero
Commerce
(323) 722-4805 x2293
2017 — present
City of Huntington Park
Lt. Alfred Martinez
Huntington Park
(323) 584-1254
2016 — present
La Palma Police Dept
Chief Terry Kim
La Palma
(714) 690-3380
1991— present
Los Alamitos Police Dept
Chief Eric R. Nunez
Los Alamitos
(562) 594-7232
1987 — present
Los Angeles Sheriff's Dept
Officer Bash
East Los Angeles
Cell (562) 477-3180
2018 - present
Los Angeles Sheriff's Dept
Officer Bash
Hawaiian Gardens
(562) 623-3500
1997 — present
Exhibit 4
- 10-
483
AGENCY
LOCATION/PHONE
SERVING SINCE
City of Lynwood
JD Whitaker
Lynwood
(310) 735-6062
2017 — present
Orange Co. Auto Theft Task Force
Where needed
(714) 634-1385
1994— present
Seal Beach Police Dept
Sgt. Ezro
Seal Beach
(562) 799-4100
1992 — present
Signal Hill Police Dept
Chief Wayne Byerley
Signal Hill
(562) 989-7200
1994 — present
South Gate Police Dept
Chief Darren Arakawa
South Gate
(323) 563-5400
2002 — present
City of Vernon Police Dept
Chief Robert Sosa
Vernon
(323) 587-5171
11/2018 - present
-11-
Exhibit 4 484
APPE IX
Item 1 - Certificate of Insurance
Exhibit 4 485
AC©
CERTIFICATE OF LIABILITY INSURANCE
DATE, (MM/DDIYYYY)
03/01/2024
PRODUCER.
Elite Commercial Insurance Services, Inc.
P.O. Box 116
Somis
INSURED
Mr. C's Towing of South Gate, Inc,
4421 Mason Street
South Gale
THIS CERTIFICATE IS ISSUED AS A MATTER OF INFORMATION ONLY AND CONFERS NO RIGHTS UPON THE CERTIFICATE HOLDER. THIS
CERTIFICATEDOES NOT AFFIRMATIVELY OR NEGATIVELY AMEND, EXTEND OR ALTER THE COVERAGE AFFORDED BY THE POLICIES BELOW. THIS CERTIFICATE OF INSURANCE DOES NOT CONSTITUTE A CONTRACT BETWEEN THE ISSUING INSURER(S), AUTHORIZED REPRESENTATIVE OR PRODUCER, AND THE CERTIFICATE HOLDER.
IMPORTANT If the certificate holder is an ADDITIONAL INSURED, the poilcy(ies) must have ADDITIONAL INSURED provisions or be endorsed.
If SUBROGATION IS WAIVED, subject to the terms and conditions of the policy, certain policies may require an endorsement. A statement on this certificate does not confer rights to the certificate holder in Iieu of such endorsement(s).
CONTACT Cassaundra Evans
NAME:
PHONE (805)444-1425
C. No, EA:
EMAIL [email protected]
ADDRESS:
CA 93066
CA 90260
INSURER(S). AFFORDING COVERAGE
INSURERA. AmGuard Insurance Company
INSURER a Insurance Company of the West
INSURER C
FAX
(NC, No):
NAIC 0
42390
27847
INSURER 0
CERTIFICATE NUMBER: CL243102173
INSURER E :
INSURER F:
REVISION NUMBER:
COVERAGES
THIS IS TO CERTIFY THAT THE POLICIES OF INSURANCE LISTED BELOW HAVE BEEN ISSUED TO THE INSURED NAMED ABOVE FOR THE POLICY PERIOD INDICATED. NOTWITHSTANDING ANY REQUIREMENT, TERM OR CONDITION OF ANY CONTRACT OR OTHER DOCUMENT WITH RESPECT TO WHICH THIS
CERTIFICATE MAY BE ISSUED OR MAY PERTAIN, THE INSURANCE AFFORDED BY THE POLICIES DESCRIBED HEREIN IS SUBJECT TO ALL THE TERMS, EXCLUSIONS ANQ GONnITIONS OF SUCH POLICIES. LIMITS SHOWN MAY HAVE BEEN REDUCED BY PAID CLAIMS. ..
ILSR TYPE OF INSURANCE
LT PE
X: COMMERCIAL GENERAL LIABILITY
AI1AL'
� . r
:R.. -
,/ s POLICY NUMBER
K2GP528993
L, FF
MMIDDrYYYY
03/01/2024
"+ CYEXP
M13WDPYYYY
03/01/2025
-
_.._.
UNITS
EACH OCCURRENCE $ 1 "00fl`000
DAMAGE TO RENTED 100 000
PREMISES (Ee occurrence) $
CLAIMS -MADE
OCCUR
MED EXP (Any One person} s 5,000
PERSONAL 8 ADV INJURY $ 1,000,000
A
GENERAL AGGREGATE $ 3,000,000
GEN'LAGGREGATELIMITAPPLIESPER:
X
POLICY
OTHER:
Jti
LOC
PRODUCTS-COMPIOPAGG $ 3,000,000
'
AUTOMOBILE
■
A ■
pHIRED
LIABILITY
ANY AUTO
AUTOS ONLY
AUTOS
AUTOS ONLY
;I�/
y
^,
SSCH©SULED
AUTOS ONLY
AUTOS NLY
K2GP528993
03101/2024
03/01/2025
COMBINED M IIden1)SINGLE LIMIT s 1,000.000
BODILY INJURY (Por person) $
BODILY INJURY (Per accldenl) $
PROPERTY DAMAGE
Per accident $
Uninsured motorist BI $ 60,000
UMBRELLA LIAR
EXCESS LIAR
O
OCCUR
CLAIMS -MADE
_
EACH OCCURRENCE $
AGGREGATE ". S
$
DED RETENTION $
WORKER'S COMPENSATION
AND EMPLOYERS' LIABILITY
�ANYPROPRIETOR'PARTNERTEX'EGUTIVE
B OFFICER/MEMBER EXCLUDED?
(Mandatory in NHl
IF yes, describe under
DESCRIPTION OF OPERATIONS bet nv
YIN
WVE5021D0512
04/0112023
04/01/2024
�f
XTA
U S TE I I ERH
5.1.EACH ACCIDENT S 1'000'000
E,L. DISEASE - EA EMPLOYEE $ 1,000,000
. E.L. DISEASE - POLICY LIMIT $ 1.000,000
GARAGEKEEPERS LEGAL LIABILITY
A ON -HOOK 1 CARGO
K2GP528993
03101/2024
03/01/2025
$500,000 LIM& $500/$2,500 DED
100K/250K/3001O500K100K/250K/3001O500K $5,000 DEDS
OF OPERATIONS! LOCATIONS I VEHICLES IACORD 101, Additional Remarks Schedule, may be attached H more apace u requ 1) 442.1 Mason Street, South Gate, CA 90280 - $500,000 Limit. 2) 6105 Maywood Avenue, Huntington Park, CA 90255 - $500,000 Limit. 3) 10821 Bloomfield Street, Los Alamitos, CA 90720 - $500,000 Limit 4) 10842 Kyle St., Los Alamitos, CA, 90720 - $500,000 Limit, 5) 6069 Maywood Ave., Huntington Park, CA 90255 - $500,000 Limit, ERTIFiCATE HOLDER
BELL GARDENS CITY HALL
7100 GARFIELD AVE.
BELL GARDENS CA 90201
ACORD 25 (2016/03)
CANCELLATION
SHOULD ANY OF THE ABOVE DESCRIBED POLICIES BE CANCELLED BEFORE
THE EXPIRATION DATE THEREOF, NOTICE WILL BE DELIVERED IN ACCORDANCE WITH THE POLICY PROVISIONS.
AUTHORIZED REPRESENTATIVE
ID 1986-2015 ACORD CORPORATION. All rights reserved.
The ACORD name and logo are registered marks of ACORD
Exhibit 4
486
Attachment 1
Attachment 2
Attachment 3
Attachment 4
Attachment 5
Attachment 6
Insurance Requirements Checklist
Civil Litigation History/Civil Litigation Certification Criminal Convictions Certification
False Claims/False Claims Act Certification
[Notarized] Non -Collusion Affidavit
Campaign Contribution Disclosure Form
Exhibit 4 487
A
ACHMENT 1
CITY OF BELL GARDENS
CITY HALL.
7100 GARFIELD AVENUE
BELL GARDENS, CA 90201
INSURANCE EQUIREMENTS CHECKLIST
(POLICE ORDERED TOWING & STORAGE SERVICES RFP)
TOW OPERATOR: MR. C'S TOWING OF SOUTH GATE, INC
Minimum Insurance Requirements. As of the date of proposal submission, proposers must demonstrate insurance coverage amounts which meet or exceed the insurance coverage requirements specified in Section VI of the RFP and Section 8(A) of the sample agreement attached as Exhibit A of this RFP. City reserves the right to reject any proposal which does not demonstrate that the proposer meets the minimum insurance requirements of the RFP.
I. X General Liability Insurance — minimum requirements met? yes no
notes:
II. Commercial Automobile Liability Insurance — minimum requirements met? X
yes no
notes:
III, Professional Liability (Errors & Omissions) — minimum requirements met? yes no
notes:
Not Applicable
IV. Workers' Compensation Insurance — minimum requirements met? yes no
notes:
Exhibit 4
488
ATTACHMENT 1
V. Garage Keepers Legal Liability - minimum requirements met? X yes no
notes:
VI. Umbrella or Excess Liability minimum requirements met? X yes no
notes:
VII. Acceptability of Insurers -
yes no
notes:
Reviewer's Notes: (Typed on additional page or hand written below) Review Completed by:
Date/Time
Exhibit 4
489
A
IACHMENT 2
CITY OF BELL GARDENS
CITY HALL
7100 GARFIELD AVENUE
BELL GARDENS, CA 90201
CIVIL LITIGATION HISTORY/
CIVIL LITIGATION CERTIFICATION
(POLICE ORDERED TOWING & STORAGE SERVICES RFP)
Proposer shall provide either the certification requested below or information requested on the next page. Failure to provide such certification or information may result in a determination that the Proposer is nonresponsive. Failure to fully and accurately provide the requested certification or information may result in a determination that the Proposer is not responsible and City may reject the proposal on this basis as well. For the five (5) years preceding the date of submittal of this Proposal, identify any civil litigation arising out of the performance of a towing and storage services within the State of California in which any of the following was a named plaintiff or defendant in a lawsuit brought by or against the entity soliciting Proposals: the Proposer submitting the instant Proposal, including any person who is an officer of, or in a managing position with, or has an ownership interest in the entity submitting the Proposal. Do not include litigation which is limited solely to enforcement of mechanics' liens or stop notices. Provide on the following page labeled "Civil Litigation History Information:" (i) the name and court case identification number of each case, (ii) the jurisdiction in which it was filed, and (iii) the outcome of the litigation, e.g., whether the case is pending, a judgment was entered, a settlement was reached, or the case was dismissed.
CIVIL LITIGATION CERTIFICATION
If the Proposer has no civil litigation history to report as described above, complete the following:
am the
(Print name of person responsible for submitting Proposal) (Title with Proposing Entity) of
(hereinafter, "Proposer'').
(Print Name of Proposing Entity)
In submitting a Proposal to the City of Bell Gardens for Police Ordered Towing & Storage Services, I, hereby certify that neither Proposer nor any person who is an officer of, in a managing position with, or has an ownership interest in Proposer has been involved in civil litigation as described, above.
I declare under penalty of perjury that the foregoing is true and correct.
Executed this day of at
(month and year) (city and state)
by
(Signature of Person Responsible for Submitting Proposal on behalf of Proposer) Exhibit 4
490
ATTACHMENT 2
CIVIL LITI
GATION HISTORY INFORMATION
(1A) Name of Case: Jamie Lynnell Gaines vs Primestor Development, Inc. et al Court case identification number: 19BFSC05821
(1 B) Jurisdiction in which case was filed: Small Claims - Bellfower Court (1 C) Outcome of the case: Order of Dismissal without prejudice following Notice of Rejection issued by Court Clerk
(2A) Name of Case: Jaimes L. Gaines vs Primstor Development Inc et al Court case identification number: 20BFSC00731
(2B) Jurisdiction in which case was filed: Small Claims - Bellfower Court Exhibit 4
491
ATTACHMENT 2
(2C) Outcome of the case: Judgment for plaintiff against Defendant Mr. C's Towing and Defendant Primestor Development for the principal amount of $655 joint and several CASE #21CMSC00682 Guadalup Medrano v Mrt. C's Towing - Small Claims/Compton Court Dismissal for lack of prosecution
CASE #22ARLX06400 Okezie Aboka v Mr. C's Towing - Ltd Jurisdiction/Spring St Court ACTION HAS NOT BEEN SERVED UPON MR. C'S - OSC SET FOR 9/30/24
CASE #22LBSCO Lindsay Mysior v Mr. C's Towing - Small Claims/Deukmejian Ct - Judgment against Mr. C's for principal amount of $265/Costs $i0 for tots $335 CASE #23STSC00190 Kevin Nunez v Mr. C's Towing - Small Claims/Stanley Mosk Ct - Dismissal for lack of prosecution DECLARATION
I. JERRY BROWN
(Print name of person responsible for submitting Proposal) (Title with Proposing Entity) , the GENERAL MANAGER
of MR. C'S TOWING OF SOUTH GATE
(Print Name of Proposing Entity)
(hereinafter, "Proposer")
declare under penalty of perjury that the above information is true and correct.
Execute.,this day of JULY, 2024 at SOUTH GATE, CA
by
month and year)
(city and state)
erson Responsible for Submitting Proposal on behalf of Proposer)
END OF DOCUMENT
Exhibit 4
492
Al
ACHMENT 3
CITY OF BELL GARDENS
CITY HALL
7100 GARFIELD AVENUE
BELL GARDENS, CA 90201
CRIMINAL CONVICTIONS CERTIFICATION
(POLICE ORDERED TOWING & STORAGE SERVICES RFP)
Proposer shall provide either the certification requested below or information requested on the next page. Failure to provide such certification or information may result in a determination that the Proposer is nonresponsive. Failure to fully and accurately provide the requested certification or information may result in a determination that the Proposer is not responsible.
For the five (5) years preceding the date this Proposal is due, identify on the following page any criminal conviction in any jurisdiction of the United States for a violation of law arising out of towing and storage services by the Proposer submitting this Proposal, including any person who is an officer of, or in a management position with, or has an ownership interest in the contracting entity which is submitting this Proposal. Provide on the following page labeled "Criminal Convictions Information:" (1) the date of conviction, (2) the name and court case identification number, (3) the identity of the law violated, (4) the identity of the prosecuting agency, (5) the contract or project involved, (6) the punishment imposed, and (7) any exculpatory information of which the City should be aware.
CRIMINAL CONVICTIONS CERTIFICATION
If the Proposer has no criminal convictions to report as described above, complete the following:
I JERRY BROWN
(print name of owner, officer, manager, or licensee responsible for submission of Proposal) MR. C"S TOWING OF SOUTH GATE, nor any of its Officers or General Manager (Proposer name as shown on Proposal)
, hereby certify that neither
has been convicted of a criminal violation as described above.
I declare under penalty of perjury that the foregoing is true and correct.
Executed this, day of JULY, 2024 at SOUTH GATE, CA
by
(signature of o
L
(month and year) (city and state)
officer, manager, or licensee responsible for submission of Proposal) Exhibit 4
493
ATTACHMENT 3
CRIMINAL CONVICTIONS INFORMATION
I) Date of conviction:
(2) Name of case:
Court case identification number:
(3) Identity of the law violated:
(4) Identity of the prosecuting agency:
(5) Contract or project involved:
(6) Punishment imposed:
(7) Exculpatory information:
Declaration: I declare under penalty of perjury that the above information is true and correct.
Executed this day of
by
(month and year) (city and state)
(signature of owner, officer, manager, or licensee responsible for submission of Proposal) Exhibit 4
494
A
ACHMENT 4
CITY OF BELL GARDENS
CITY HALL
7100 GARFIELD AVENUE
BELL GARDENS, CA 90201
FALSE CLAIMS/FALSE CLAIMS ACT CERTIFICATION
(POLICE ORDERED TOWING & STORAGE SERVICES RFP)
Proposer shall provide either the certification requested below or the information requested on the next page. Failure to certify or provide the requested information may result in a determination that the Proposer is non -responsive and City may reject the proposal on this basis. Failure to fully and accurately provide the requested certification or information may result in a determination that the Proposer is not responsible and City may reject the proposal on this basis as well. "False Claims Act", as used herein, is defined as either or both the Federal False Claims Act, 31 U.S.C. Sections 3729 et seq., and the California False Claims Act, Government Code Sections 12650 et seq.
FALSE CLAIMS ACT CERTIFICATION
If the Proposer has no False Claims Act violations as described above, complete the following:
JERRY BROWN , am the GENERAL MANAGER
(Print name of person responsible for submitting proposal) (Title with proposing entity) of MR. C'S TOWING OF SOUTH GATE
(Print Name of Proposing Entity)
(hereinafter, "Proposer").
In submitting a proposal to the City of Bell Gardens, I, hereby certify that neither Proposer nor any person who is an officer of, in a managing position with, or has an ownership interest in Proposer has been determined by a court or tribunal of competent jurisdiction to have violated the False Claims Act as defined above.
I declare under penalty of perjury that the foregoing is true and correct.
Executed thi
By
(Sig
D day of JULY, 2024
(month and year)
at SOUTH GATE, CA
(city and state)
ure of Perlin esponsible for Submitting Proposal on behalf of Proposer) Exhibit 4
495
ATTACHMENT 4
FALSE CLAIMS ACT VIOLATIONS INFORMATION'
Date of Determination of Violation:
(2) Identity of tribunal or court and case name or number, if any:
Government Contract or project involved:
(4) Government agency involved:
(5) Amount of fine imposed:
(6) Exculpatory Information:
DECLARATION
, the
(Print name of person responsible for submitting proposal) (Title with proposing entity) of (hereinafter, "Proposer")
(Print Name of Proposing Entity)
declare under penalty of perjury that the above information is true and correct.
Executed this day of at
(month and year) (city and state)
By
(Signature of Person Responsible for Submitting Proposal on behalf of Proposer)
END OF DOCUMENT
Exhibit 4
496
ATTACHMENT 5
CITY OF BELL GARDENS
CITY HALL
7100 GARFIELD AVENUE
BELL GARDENS, CA 90201
ON -COLLUSION AFFIDAVIT
(POLICE ORDERED TOWING & STORAGE SERVICES RFP)
State of California
County of Los Angeles
JERRY BROWN
SS:
)
being first duly sworn, deposes and says that he or she (print name of person)
is GENERAL MANAGER of MR. C'S TOWING OF SOUTH GATE
(print title of person) (print name of firm)
, the party
submitting a proposal for the award of a Towing Services Non -Exclusive Franchise Agreement for the City of Bell Gardens, that the proposal is not made in the interest of, or on behalf of, any undisclosed person, partnership, company, association, organization, or corporation; that the proposal is genuine and not collusive or sham; that the proposer has not directly or indirectly induced or solicited any other proposer to put in a false or sham proposal, and has not directly or indirectly colluded, conspired, connived, or agreed with any proposer or anyone else to put in a sham proposal, or that anyone shall refrain from proposing; that the proposer has not in any manner, directly or indirectly, sought by agreement, communication, or conference with anyone to fix the terms of the proposal, including the amount to paid to the City of Bell Gardens in the form of franchise fees, permit fees and other forms of compensation, or to fix any overhead, profit or cost element of the proposal, or of that of any other proposer, or to secure any advantage against the public body awarding the franchise agreement to anyone interested in being awarded a towing and vehicle storage services franchise; that all statements contained in the proposal are true; and, further, that the proposer has not, directly or indirectly, submitted its proposal or any breakdown thereof, or the contents thereof, or divulged information or data relative thereto, or paid, and will not pay, any fee to any corporation, partnership, company, association, organization or to any member or agent thereof to effectuate a collusive or sham proposal. [NOTARY ACKNOWLEDGEMENT TO FOLLOW)
Exhibit 4 497
A
ACHMENT 5
NEVADA
S₹*-TE-GE.-G
COUNTY OF
CLARK
SS:
S )
m�= Subscribed and sworn to (or affirmed) before me this day of JUNE 2024.
In witness whereof I have hereunto set my hand and affixed my official seal the day and year in this certificate first above written.
(SEAL OF NOTARY)
DERS
r
uLa 2025
END OF DOCUMENT
ed Name of Notary
Exhibit 4
498
ATTACHMENT 6
CITY OF BELL GARDENS
CITY HALL
7100 GARFIELD AVENUE
BELL GARDENS, CA 90201
CA_ PAIGN CENT" IBUTIO DISCLOSURE FORM
(POLICE ORDERED TOWING 8, STORAGE SERVICES RFP)
Cities are subject to the campaign disclosure provisions detailed in Government Code § 84308 California Government Code § 84308, commonly referred to as the "Levine Act," precludes an Officer of a local government agency from participating in the award of a contract if he or she receives any political contributions totaling more than $250 in the 12 months preceding the pendency of the contract award, and for 12 months following the final decision, from the person or company awarded the contract. This prohibition applies to contributions to the Officer, or received by the Officer on behalf of any other Officer, or on behalf of any candidate for office or on behalf of any committee. The Levine Act also requires disclosure of such contributions by a party to be awarded a specified contract. Please refer to the attachment for the complete statutory language..
1. Application for:
o License
Permit
v Franchise
❑ Mills Act or Development Agreement
• Contract (Professional Services, Construction Services, Maintenance, Public Works, etc.) ❑ Lease
❑ Other Entitlement'
2. Have you or your company, or any participant or agent on behalf of you or your company, made any political contributions of more than $250 to any City Councilmember or Commissioner within the preceding 12 months?
YES 7 NO
3. Date of the City Council or Commissioner Meeting when proceeding will be considered? (if known and if applicable):
4. Is this a supplement to a previously submitted Campaign Contribution Disclosure Form for the proceeding?
YES NO
r "License, permit or other entitlement for use" means all business, professional, trade, and land use licenses and permits and all other entitlements for use, including all entitlements for land use, all contracts (other than competitively bid, labor, or personal employment contracts) and all franchises.
Exhibit 4
499
If yes, what is the date of the previously submitted form:
5. Is this a correction to a previously submitted Campaign Contribution Disclosure Form for the proceeding?
YES NO
if yes, what is the date of the previously submitted form:
Provide a brief explanation of correction:
6. CONTRIBUTIONS
Name of City Councilmember or Commissioner receiving contribution: NONE/NOT APPLICABLE Submit separate forms for any contributions made to other City Councilmembers or Commissioners. Only one (1) City Councilmember or Commissioner may be listed per form.
Complete the table below with all contributions made by the party, participant or their agent with whom contributions must be aggregated of more than $250. If you have more than five contributions to report, please submit a supplemental form.
Name of Party
Name of Participant or Agent
Making Contribution
Date of
Contribution
Amount of
Contribution
1. 4.
5. Total Contributions
0.00 By signing below, I certify under penalty of perjury that the statements made herein are true and correct to the best of my knowledge.
Name: JERRY BROWN
Email: [email protected]
Phone: 323-807-3515
Date: JULY
, 2024
Answering yes to the questions above does not preclude the City of Bell Gardens from awarding an application or contract to your firm. It may, however, preclude the identified City Councilmember or Commissioner from participating in the application or contract award process for this contract.
Exhibit 4
500
California Government Code Section 84308
(a) The definitions set forth in this subdivision shall govern the interpretation of this section. (1) "Party" means any person who files an application for, or is the subject of, a proceeding involving a license, permit, or other entitlement for use.
(2) "Participant" means any person who is not a party but who actively supports or opposes a particular decision in a proceeding involving a license, permit, or other entitlement for use and who has a financial interest in the decision, as described in Article 1 (commencing with Section 87100) of Chapter 7. A person actively supports or opposes a particular decision in a proceeding if that person lobbies in person the officers or employees of the agency, testifies in person before the agency, or otherwise acts to influence officers of the agency,
(3) "Agency" means an agency as defined in Section 82003 except that it does not include the courts or any agency in the judicial branch of government, the Legislature, the Board of Equalization, or constitutional officers. However, this section applies to any person who is a member of an exempted agency but is acting as a voting member of another agency.
(4) "Officer" means any elected or appointed officer of an agency, any alternate to an elected or appointed officer of an agency, and any candidate for elective office in an agency. (5) "License, permit, or other entitlement for use" means all business, professional, trade, and land use licenses and permits and all other entitlements for use, including all entitlements for land use, all contracts (other than competitively bid, labor, or personal employment contracts), and all franchises. (6) "Contribution" includes contributions to candidates and committees in federal, state, or local elections. (b) While a proceeding involving a license, permit, or other entitlement for use is pending, and for 12 months following the date a final decision is rendered in the proceeding, an officer of an agency shall not accept, solicit, or direct a contribution of more than two hundred fifty dollars ($250) from any party or a party's agent, or from any participant or a participant's agent if the officer knows or has reason to know that the participant has a financial interest, as that term is used in Article 1 (commencing with Section 87100) of Chapter 7.
This prohibition shall apply regardless of whether the officer accepts, solicits, or directs the contribution on the officer's own behalf, or on behalf of any other officer, or on behalf of any candidate for office or on behalf of any committee.
(c) Prior to rendering any decision in a proceeding involving a license, permit, or other entitlement for use pending before an agency, each officer of the agency who received a contribution within the preceding 12 months in an amount of more than two hundred fifty dollars ($250) from a party or from any participant shall disclose that fact on the record of the proceeding. An officer of an agency shall not make, participate in making, or in any way attempt to use the officer's official position to influence the decision in a proceeding involving a license, permit, or other entitlement for use pending before the agency if the officer has willfully or knowingly received a contribution in an amount of more than two hundred fifty dollars ($250) within the preceding 12 months from a party or a party's agent, or from any participant or a participant's agent if the officer knows or has reason to know that the participant has a financial interest in the decision, as that term is described with respect to public officials in Article 1 (commencing with Section 87100) of Chapter 7. (d) (1) if an officer receives a contribution which would otherwise require disqualification under this section,, and returns the contribution within 30 days from the time the officer knows, or should have known, about the contribution and the proceeding involving a license, permit, or other entitlement for use, the officer shall be permitted to participate in the proceeding,
(2) (A) Subject to subparagraph (B), if an officer accepts, solicits, or directs a contribution of more than two hundred fifty dollars ($250) during the 12 months after the date a final decision is rendered in the proceeding in violation of subdivision (b), the officer may cure the violation by returning the contribution, or the portion of the contribution in excess of two hundred fifty dollars ($250), within 14 days of accepting, soliciting, or directing the contribution, whichever comes latest..
(B) An officer may cure a violation as specified in subparagraph (A) only if the officer did not knowingly and willfully accept, solicit, or direct the prohibited contribution. (C) An officer's controlled committee, or the officer if no controlled committee exists, shall maintain records of curing any violation pursuant to this paragraph.
(e) (1) A party to a proceeding before an agency involving a license, permit, or other entitlement for use shall disclose on the record of the proceeding any contribution in an amount of more than two hundred fifty dollars ($250) made within the preceding 12 months by the party or the party's agent. (2) A party, or agent to a party, to a proceeding involving a license, permit, or other entitlement for use pending before any agency or a participant, or agent to a participant, in the proceeding shall not make a Exhibit 4
501
contribution of more than two hundred fifty dollars ($250) to any officer of that agency during the proceeding and for 12 months following the date a final decision is rendered by the agency in the proceeding. (3) When a closed corporation is a party to, or a participant in, a proceeding involving a license, permit, or other entitlement for use pending before an agency, the majority shareholder is subject to the disclosure and prohibition requirements specified in this section, (f) This section shall not be construed to imply that any contribution subject to being reported under this title shall not be so reported.
For more information, contact the Fair Political Practices Commission, 428 J Street, Suite 800, Sacramento, CA 95814, (916) 322-5660.
Exhibit 4
502
Proposal for
TOWING St STORAGE
SERVICES
Submitted to:
City of Bell Gardens
7100 Garfield Avenue
Bell Gardens, CA 90201
Attn: Lieutenant Rigoberto Barrios
Date: July 8, 2024
Offered by:
Helms and Hill Tow
649 S. Maple Ave.
Montebello, CA 90640
EIN: 45-3481545
Contact:
Ranieh Hassan, CEO
[email protected]
Office: (323) 889-4900
Direct: (909) 992-2766
Exhibit 5 503
Proposal for Police Ordered
Towing & Storage Services
TITLE PAGE 1
1. T LE F C TE TS 2
2.T S I .LLE E': 4
2.1 COMPANY INFORMATION 5
2.2 EXECUTIVE SUMMARY 5
2.2.1 Facility Location 5
2.2.2 City Police Experience 6
2.3 APPROACH TO THE SCOPE OF SERVICES 6
2.3.1 Business Qualifications 6
2.3.2 California Highway Patrol (CHP) Contract 6
2.3.3 Community Involvement 6
2.3.4 Familiarity with the California Vehicle Code 6
2.3.5 City Codes & Procedures 7
2.3.6 Towing & Storage Services 7
2.3.7 Required Licenses, Peliuits, & Certificates 8
2.3.8 Emergency Services to the City 16
2.3.9 Tow Vehicle Classifications & Equipment 16
2.3.10 Tow Drivers 20
2.3.11 Hours of Operation 20
2.3.12 Storage Yard/Facilities 20
2.3.13 Response Time & Requirements 22
2.3.14 Charges/Fees & Storage, Assessment, & Franchise Fees 22
2.3.15 Record Keeping 23
2.4 KEY PERSONNEL BACKGROUND & EXPERIENCE 24
3. RIIAN GE ENT AN STAFFING 25
3.1 ORGANIZATIONAL CHART 25
3.2 STAFF QUALIFICATIONS & EXPERIENCE 26
3.3 PROJECT MANAGER, DAVID GONZALEZ 27
4. A s ITICINS s EXCEPTI • NS T THE CITY'S RE • JEST FOR PR ' P► SAL 2:
5. ' EFEE CES 2
5.1 REFERENCE #1: AUTOMOBILE CLUB OF SOUTHERN CALIFORNIA 29
5.2 REFERENCE #2: LASD-PICO RIVERA 29
Exhibit 5
Prepared for City of Bell Gardens
July 8, 2024
504 Page 2
Proposal for Police Ordered
Towing & Storage Services
5.3 REFERENCE #3: CALIFORNIA HIGHWAY PATROL - ELA 29
5.4 REFERENCE #4: MONTEBELLOW POLICE DEPARTMENT 30
6. FS 31
6.1 ATTACHMENT 1: INSURANCE REQUIREMENTS CHECKLIST 31
6.1.1 Certificate of Insurance/Acord Form 33
6.2 ATTACHMENT 2: CIVIL LITIGATION HISTORY/CIVIL LITIGATION 34
6.3 ATTACHMENT 3: CRIMINAL CONVICTIONS CERTIFICATION 37
6.4 ATTACHMENT 4: FALSE CLAIMS/FALSE CLAIMS ACT CERTIFICATION 39
6.5 ATTACHMENT 5: NON -COLLUSION AFFIDAVIT 41
6.6 ATTACHMENT 6: CAMPAIGN CONTRIBUTION DISCLOSURE FORM 44 Exhibit 5
Prepared for City of Bell Gardens
July 8, 2024
505 Page 3
Proposal for Police Ordered
Towing & Storage Services
July 8, 2024
City of Bell Gardens
7100 Garfield Avenue
Be11 Gardens, CA 90201
Reference: RFP for Police Ordered Towing & Storage Services Attn: Lieutenant Rigoberto Barrios
We appreciate the opportunity to submit this offer in response to the City of Be11 Gardens RFP for Police Ordered Towing and Storage Services. Helms and Hill Tow (Helms and Hill) a dba of F & G Towing, Inc. is an Intrastate Non-Hazmat DOT registered business based in Montebello, CA that has been offering comprehensive towing services since 2010.
Founded in 2010, Helms and Hi11 is a family -owned business offering top-notch towing services for all manner of vehicles, including semi -trucks and trailers. Our considerate staff work to make every customer's experience hassle free. With our state-of-the-art facility and top of the line vehicles and equipment we can assure the City of Bell Gardens Police will receive quick response times. Whether you need assistance with towing and storage for illegal parking, public nuisance, evidence, and/or enforcement of the California Vehicle Code, our goal is to exceed your expectations.
This proposal offers unmatched experience, equipment, and technological capabilities and aims to provide the City of Be11 Gardens Police Department with an enhanced customer experience, all while offering a right -sized pricing model with real, tangible benefits.
Helms and Hi11 is one hundred percent committed to supporting the Police Department's towing and storage needs.
Our understanding of the services required are to furnish towing and secure storage for vehicles seized, impounded, or otherwise caused to be removed from public or private property by the Police Department. Towing services will include, but not limited to, removal of wrecked vehicles and debris resulting from accidents, preliminary work necessary to towing, including removal of vehicles from ditches or separation of entangled vehicles, removal of vehicles for criminalistics and/or purposes as directed by the Police Department personnel, other impoundment of vehicles as directed by the Police Department.
Should you have any questions regarding this proposal, would like a demonstration of any facet of our capabilities, or would like to schedule an oral presentation and site visit as part of the evaluation process, please feel free to contact me directly. Helms and Hi11 looks forward to providing our world -class service to the City of Bell Gardens. Thank you for your consideration of this proposal.
Sincerely,
anieh Hassan, CEO
Helms and Hi11 Tow
649 S. Maple Avenue
Montebello, CA 90640
Office: (323) 889-4900
Ce11: (909) 992-2766
[email protected]
Exhibit 5
Prepared for City of Bell Gardens
July 8, 2024
506 Page 4
Proposal for Police Ordered
Towing & Storage Services
By signing this Letter of Transmittal, I confirm that I have read and will comply with all terms and conditions of the RFP.
The above signatofy is Helms and Hill's CEO and authorized to bind the company contractually with the City of Bell Gardens and negotiate all aspects of this proposal.
2.1 COMPANY INFORMATION
Helms and Hill Tow
649 S. Maple Avenue
Montebello, CA 90640
Primary/O fice: (323) 889-4900 After hours: (323) 889-4900 Fax: (323) 278-7578 Email: [email protected]
Legal Name: F & G Towing, Inc. dba Helms and Hill Tow
Points of Contact: Ranieh Hassan, CEO (909) 992-2766; or David Gonzalez, Manager The company has been registered with the US DOT since 12 -JUN -15.
2.2 EXECUTIVE SUMMARY
Helms and Hill provides Heavy Duty Towing wrecker services for all types of trucks including semi -trucks, box trucks, delivery trucks, garbage trucks, and construction trucks. Our team of professional semi -truck towing and roll back experts stand ready to respond immediately upon request 24/7/365.
2.2.1 FACILITY LOCATION
Below is a map of our relative location.
Whittier Blvd.
MONTEBELLO
Helms and HiII Tow
E slauson Ave.
MAYWOOD
PICO RIVERA
H GATE
Exhibit 5
Prepared for City of Bell Gardens
July 8, 2024
507