Agenda packet — Bell Gardens City Council, October 14, 2024

CI TY OF BELL GARDENS

C IT Y C O UNC IL / S UC C E S S O R AG E NC Y T O T HE C O M M UNIT Y

D E V E L O P M E NT C O M M I S S I O N

J O I NT M E E T ING
M O ND AY, O C T O B E R 14, 2024, 6:00 P M

AG E ND A
L O C AT IO N: C I T Y C O UNC I L C HAM B E RS, 7100 G ARF IE L D AV E NUE, B E L L G ARD E NS, C A 90201 T he meeting will be held at B ell Gardens City Hall in the Council Chambers. T he public may attend the meeting in-person or virtually as instructed below. You may view the meeting live on the City's website at https://www.bellgardens.org/i-want-to/watch-city-council-meetings .

AC C E S S IB I L IT Y: I f requested, the agenda and backup materials will be made available in appropriate alternative formats to persons with a disability, as required by S ection 202 of the A mericans with D isabilities A ct of 1990 (42 U.S .C . S ec. 12132), and the f ederal rules and regulations adopted in implementation thereof . Any person who requires a disability-related modif ication or accommodation, in order to observe and/or of f er public comment may request such reasonable modification, accommodation, aid, or service by contacting the City C lerk's of f ice by telephone at 562-806-7704 or via email to CityC [email protected] no later than 72-hours before a regular meeting or 24-hours before a special meeting.

P UB L IC PART IC I PAT I O N: F or Regular Meetings, the public may address the City Council / Agency Members on any item listed on the Regular Meeting A genda and matters which are not listed on the agenda but are within the subject matter jurisdiction of the City C ouncil / S uccessor Agency. Public comments for non-agenda items will be limited to a total of 30 minutes. For S pecial Meetings, the public may only speak on items listed on the agenda. P ublic comments are limited to three (3) minutes per person for each designated public comment period(s). P ublic comments can be made by any of the following ways:

I N-P E RS O N: Members of the public can provide in-person comments at the podium in the Council C hamber. T he Council C hambers will have seating available f or members of the public to attend the meeting in person, subject to capacity limits. Public comments are limited to three (3) minutes for each designated public comment period(s) per speaker, unless a dif f erent time is announced by the presiding chair. S peakers who wish to address the City Council / A gency Members should do so by submitting a "P ublic Comment C ard" prior to the meeting.

B Y T E L E P HO NE: P hone Number: (669)900-9128 Webinar I D : 813 3236 4343# Passcode: 2021# To address the C ity C ouncil press *9 to raise your hand then *6 to unmute yourself when instructed.

V IRT UAL LY L I V E : Members of the public may participate via Z oom by https://zoom.us/join and entering the Z oom Meeting I D: 813 3236 4343 Passcode: 2021
C omments may also be made via the Z oom app by using the "R aise Hand" feature when it is your turn to speak the host will unmute you. C omments will not be accepted in the QandA Chat f unction of the zoom app.

WRIT T E N C O M M E NT S: Public comments may be emailed to Public [email protected] or mailed to: City Clerk's Of f ice, 7100 Garf ield Ave., B ell Gardens, C A 90201. To ensure distribution to the 1 members of the City Council / A gency Members prior to consideration of the agenda, please submit comments no later than one (1) hour prior to the meeting. T hose comments, as well as any comments received after, will be distributed to the members of the C ity C ouncil / S uccessor A gency and will be part of the official public record of this meeting.

F or more information, you may contact the C ity Clerk's of f ice during regular business hours 7:30 a.m. to 6:00 p.m., Monday through T hursday at (562) 806-7704.

P UB L IC HE ARING: P ublic participation will be separately called for the public to provide comments at the time of each public hearing item. S peakers who wish to provide a comment should do so by submitting a "P ublic Comment Card" to the staff liaison, clerk, prior to the designated public comment period.

C AL L T O O RD E R

INV O C AT I O N

P L E D G E O F AL L E G IANC E

RO L L C AL L O F C I T Y C O UNC IL M E M B E RS / S UC C E S S O R AG E NC Y T O T HE C O M M UNI T Y

D E V E L O P M E NT C O M M IS S IO N M E M B E RS
J orgel C havez, C ouncil Member / Agency Member
Vacant, C ouncil Member / Agency Member
F rancis De L eon S anchez, Council Member / A gency Member Marco B arcena, Mayor P ro Tem / Vice Chair
Gabriela Gomez, Mayor / C hair

P RE S E NTAT IO NS
•NAT IO NAL C O D E E NF O RC E M E NT AP P RE C I AT I O N WE E K P RO C L AM AT IO N P UB L IC HE ARING (Item No. 1)

1.C O NS ID E RAT I O N O F O RD I NANC E NO. 951 AM E ND I NG T IT L E 9 (ZO NING AND

P L ANNING RE G UL AT IO NS) B E L L G ARD E NS M UNIC I PAL C O D E T O RE G UL AT E

C E RTAIN E L E C T RO NI C D IS P L AY S
Ordinance No. 951 would regulate certain electronic display signs, providing location restrictions, light pollution control, content guidelines, maintenance requirements, and saf ety mechanisms, among other things, balancing the benefits of modern advertising technologies and the local economy.

Recommendation:

I t is staf f ’s recommendation that the C ity C ouncil waive full reading and introduce Ordinance No. 951, by title only amending Title 9 (Z oning and P lanning) of the B ell Gardens Municipal Code by adding regulations for certain electronic display signs.

P UB L IC C O M M E NT S O N NO N-AG E ND A I T E M S UND E R T HE S UB J E C T M AT T E R

J URIS D I C T IO N O F T HE C I T Y C O UNC I L / S UC C E S S O R AG E NC Y D uring this time, the members of the public may address the C ity Council / Successor A gency regarding any items within the subject matter jurisdiction of the City Council / S uccessor A gency. Public comments 2 are limited to 3 minutes per person subject to an overall 30-minute period for non-agenda items.

Government C ode S ection 54590 prohibits the City Council / S uccessor A gency from taking action or engaging in discussion on a specific item unless it appears on the agenda.

P UB L IC C O M M E NT S O N AG E ND A I T E M S O NLY D uring this time, the members of the public may address the City Council / A gency Members regarding any items listed on the agenda. P ublic comments are limited to 3 minutes per person.

C I T Y M ANAG E R'S RE P O RT
C O NS E NT C AL E ND AR (Item Nos. 2 - 9)
All matters listed under the Consent Calendar are considered to be routine and can be acted on by one roll call vote. T here will be no separate discussion of these items unless members of the City C ouncil / Successor A gency request specif ic items to be removed f rom the Consent Calendar for separate action.

I tems called f or separate discussion will be heard as the next order of business.

2.G E NE RAL M O T I O N T O WAIV E F UL L RE AD I NG AND AP P RO V E O RD INANC E S B Y T I T L E O NLY P URS UANT T O C AL I F O RNIA G O V E RNM E NT C O D E S E C T I O N 36934 I n order to expedite the conduct of business at City C ouncil meetings, California S tate L aw (California Government C ode Section 36934) allows Ordinances to be read by title if a majority of the legislative body supports the motion to waive the f ull reading.

Recommendation:

I t is staff's recommendation that the C ity C ouncil approve a general motion to waive f ull reading and approve Ordinances by title only pursuant to C alif ornia Government Code Section 36934.

3.AP P RO VAL M INUT E S O F S E P T E M B E R 23, 2024, C I T Y / S UC C E S S O R AG E NC Y J O I NT

M E E T I NG
A pprove the minutes of the September 23, 2024 C ity/Successor Agency J oint Meeting.

Recommendation:

I t is staf f 's recommendation that the C ity Council approve the minutes of the S eptember 23, 2024 City/S uccessor A gency J oint Meeting.

4.WARRANT RE G I S T E RS AND WI RE T RANS F E RS
I n approving the action of receiving and f iling the warrant registers, the official minutes of the Bell Gardens City C ouncil should state that each individual member of the City C ouncil is not voting on, inf luencing the outcome of, or participating in approving, accepting, receiving or filing any warrant which bears the name of the same council member, or pays for any costs or expenses, or otherwise benefits the same named council member. Each council member will not be participating, inf luencing or voting on any such warrant bearing their name or which benef its the same named council member, but with that exception is voting in favor of receiving and filing all other warrants contained in this report, unless otherwise noted on the record at the time of the approval of the action required by this report.

Recommendation:

I t is staff's recommendation that the C ity C ouncil receive and f ile the warrant registers, wire transfers, and net payrolls dated 09/16/2024, 09/17/2024, 09/18/2024, 09/19/2024 and 09/24/2024.

5.RE J E C T IO N O F C L AI M
3 A claim was filed with the City by Tonatiuh L ago. Staf f directed the claims to the C ity's general liability claims administrator C arl Warren & Company for processing, review, and investigation.

F ollowing its investigation, Carl Warren & Company determined that the C ity was not responsible f or the claim and determination.

Recommendation:

I t is staf f ’s recommendation that the C ity Council reject the claims filed by Tonatiuh L agos. T he claims are being presented for rejection in a manner that allows the claimant, subject to certain exceptions, up to six months to file a court action on the claim.

6.S E C O ND RE AD I NG AND AD O P T IO N O F O RD I NANC E NO. 950 AD D I NG S T RE AM L INE D

P E RM I T RE Q UIRE M E NT S F O R E L E C T RI C V E HI C L E C HARG I NG S TAT IO NS S econd reading and adoption of O rdinance No. 950, amending Title 6 (B uildings and C onstruction) of the Bell Gardens Municipal Code to establish permit streamlining procedures for electric vehicle charging stations in compliance with state requirements.

Recommendation:

I t is staff’s recommendation that the C ity C ouncil waive f ull reading and adopt Ordinance No. 950 to add C hapter 6.35 to Title 6 (Buildings and C onstruction) of the Bell Gardens Municipal C ode to establish permit streamlining procedures for electric vehicle charging stations in compliance with state requirements.

7.A RE S O L UT IO N O F T HE C IT Y C O UNC IL O F T HE C IT Y O F B E L L G ARD E NS

AP P RO V I NG A P RO F E S S IO NAL S E RV I C E S AG RE E M E NT B E T WE E N T HE C I T Y O F

B E L L G ARD E NS AND D AP E E R RO S E NB L IT L IT VAK , L L P F O R M UNI C IPAL C O D E

V I O L AT IO N P RO S E C UT IO N S E RV IC E S
A resolution to approve a professional services agreement for municipal code violation prosecution services.

Recommendation:

I t is staff's recommendation that the C ity C ouncil:

1. Determine the action exempt from the provisions of the C alif ornia E nvironmental Quality Act (C E Q A) pursuant to S tate C E Q A Guidelines Section 15060(c)(3); and

2. A dopt the attached R esolution approving a P rofessional S ervices Agreement with Dapeer Rosenblit L itvak, L L P for municipal code violation prosecution services.

8.AC C E P TANC E O F T HE C AL I F O RNIA O F F IC E O F T RAF F I C S AF E T Y (O T S ) S T E P G RANT F UND S AND AP P RO VAL O F G RANT AG RE E M E NT NUM B E R P T 25139 T he City of Bell Gardens was awarded a traffic enforcement grant through the C alif ornia O f f ice of Traf f ic Safety in the amount of $178,000 for F Y 2024-25. The grant requires that the City Council f ormally accept these f unds by entering into a Grant Agreement and adopting the attached Resolution.

Recommendation:

I t is staff recommendation that the City Council adopt the attached R esolution approving Grant A greement Number P T 25139 with the S tate of California - Of f ice of Traf f ic S af ety, thereby accepting grant f unds and authorizing the Police D epartment to begin expending these funds toward its Traffic S af ety P rogram.

9.RE S O L UT IO N AP P RO V I NG A T HIRD AM E ND M E NT T O C O NT RAC T S E RV IC E S AG RE E M E NT WIT H G RE E NT E C H L AND S C AP E M AI NT E NANC E, INC . T O E X T E ND T HE

T E RM F O R S IX AD D IT IO NAL M O NT HS
4 Consideration of a Resolution approving a T hird A mendment to the Contract S ervices Agreement with Greentech L andscape, I nc. to extend the term through March 28, 2025.

Recommendation:

I t is staf f ’s recommendation that the City C ouncil adopt the attached R esolution authorizing the C ity Manager to execute the T hird Amendment with Greentech L andscape, I nc.

D I S C US S IO N (Item Nos. 10 - 13)

10.L O C AL C O M M I S S I O NS AP P O I NT M E NT L I S T T he L ocal Commissions Appointments L ist outlines the City of B ell Gardens Commissions and Commissioners. Per the B ell Gardens Municipal Code, City Commissions consist of Bell Gardens residents appointed by each member of the City Council. C ouncil Members may remove commissioners during any regular City Council meeting and may appoint commissioners f ollowing 10 working days after the posting of the vacancy notice.

Recommendation:

I t is staf f 's recommendation that the C ity Council review the C ommissions Appointments L ist and by motion, remove commissioners and/or make appointments to the posted vacancies.

11.C O NS ID E RAT I O N O F A RE S O L UT IO N AP P RO V ING T HE C IT Y O F B E L L G ARD E NS

M UNI C IPAL WAT E R S Y S T E M WAT E R S HO RTAG E C O NT IG E NC Y P L AN Consideration of a Resolution approving the C ity of Bell Gardens Municipal Water S ystem Water S hortage C ontingency P lan.

Recommendation:

I t is staff's recommendation that the City Council adopt the attached Resolution approving the C ity of B ell Gardens Municipal Water System Water Shortage Contingency Plan.

12.A RE S O L UT I O N I N S UP P O RT O F M E AS URE G F O R A M O RE AC C O UNTAB L E,

T RANS PARE NT, AND RE P RE S E NTAT IV E L O S ANG E L E S C O UNT Y G O V E RNM E NT Measure G proposes significant reforms to L os A ngeles County's governance, including the creation of an elected C ounty E xecutive, an independent E thics Commission, and expanding the B oard of S upervisors from five to nine members. T he measure aims to improve representation and accountability using existing funding.

Recommendation:

I t is staff's recommendation that the C ity C ouncil:

1. A dopt the attached R esolution supporting the L os Angeles C ounty Government S tructure, E thics And A ccountability Charter Amendment, Measure G; or

2. Receive and f ile.

13.RE P O RT O F RE S P O NS IV E AC T I O N UP D AT E O N M O B IL E HO M E PARK C O M P L AINT Update on actions taken in response to mobilehome park complaint.

Recommendation:

I t is staff's recommendation that the C ity C ouncil receive and file this report.

C I T Y C O UNC I L / S UC C E S S O R AG E NC Y M E M B E R C O M M E NT S

AD J O URNM E NT
D aisy Gomez, C ity C lerk
5 Agenda posted on October 10, 2024.
6 CIT Y OF BE LL GARDENS

O F F I C E O F T HE C I T Y M ANAG E R

AG E ND A RE P O RT
I tem 1.

T O:Honorable Mayor and C ity C ouncil Members
F RO M : Michael B. O'Kelly, City Manager
B Y:Gustavo R omo, Deputy City Manager/D irector of Community D evelopment S UB J E C T:C O NS I D E RAT IO N O F O RD INANC E NO. 951 AM E ND ING T I T L E 9 (ZO NI NG AND

P L ANNI NG RE G UL AT I O NS ) B E L L G ARD E NS M UNI C IPAL C O D E T O RE G UL AT E

C E RTAI N E L E C T RO NIC D I S P L AY S
D AT E:October 14, 2024
RE C O M M E ND AT IO N:

I t is staff’s recommendation that the C ity Council waive f ull reading and introduce O rdinance No. 951, by title only amending Title 9 (Z oning and P lanning) of the Bell Gardens Municipal Code by adding regulations f or certain electronic display signs.

B AC K G RO UND/D IS C US S I O N:

Staf f received requests f or Electric Vehicle Charging S tation (E V C S ) permits, which include built-in advertising features. However, the B ell Gardens Municipal Code (B G MC) currently does not regulate these types of electronic display signs, which are becoming more common at gasoline f ueling stations and E V charging stations. S tate legislation mandates that all cities and counties adopt a streamlined permit processes for E V C S installation projects, which S taff presented to Council by way of Ordinance No. 950. A s more E V C S are installed, more gas stations are updated, and other alternative f ueling stations are built, electronic display signs with advertising capabilities will become more common due to their revenue-generating potential for property owners. I t is crucial to implement design standards to encourage neighborhood compatibility and prevent these electronic displays f rom becoming a public nuisance.

Adapting to new technology today is essential as it enables individuals and businesses to remain relevant and competitive. Electronic display signs are gaining popularity due to their dynamic capabilities and ability to provide real-time updates within small frames, like those of a service station pump. T hese displays offer various methods f or presenting public information and marketing through vibrant visuals, changing messages, and interactive features, enhancing engagement and communication while delivering timely updates and targeted content.

At the duly noticed regularly scheduled Planning C ommission meeting of September 18, 2024, the P lanning C ommission adopted Resolution #P C 2024-20 (attached) recommending the C ity Council adopt Ordinance No. 951.

A public hearing notice for Ordinance No. 951 was posted at C ity Hall, J ohn A nson F ord Park, Veterans P ark, the D epartment of P ublic Works, and published in the Daily J ournal C orporation responsible for the B ell Gardens newspaper on October 4, 2024.

P RO J E C T D E S C RIP T IO N:
7 Ordinance No. 951 proposes to amend Chapter 9.40 (S igns) of Title 9 (Zoning and P lanning R egulations) of the B G MC to add designs standards to regulate the review and issuance of permits for certain electronic displays built into automobile service station gasoline pumps, electric vehicle charging stations and similar f acilities.

Electronic displays are currently def ined in Chapter 9.40 (S igns) of Title 9 (Z oning and P lanning R egulations) of the B G MC as monument or pylon signs, of ten used as electronic billboards. T he proposed ordinance would regulate the installation of certain smaller electronic displays within commercial, industrial, and mixed-use zones. A dding design standards for electronic displays f or advertising capabilities would protect the economic vitality of existing businesses, allow for public service announcements and transmission of emergency messages supporting community stability, and prevent such electronic displays f rom becoming a public nuisance. Additionally, the City anticipates that electronic display signage design standards would facilitate advertising capabilities f or businesses, encourage existing local businesses to install E V C S on their properties, and increase the number of E V C S throughout the City to reduce greenhouse gas (G HG) emissions and improve air quality.

General P lan C onsistency
T he General P lan’s C irculation Element P olicy M 5.4 emphasizes the C ity’s commitments to create more electric vehicle charging spaces. Ordinance No. 951 would add regulations f or electronic display signs on fuel and electricity dispensing pumps for f uel motor vehicles and f or electric vehicles, encouraging and facilitating mobility citywide to support P olicy M 5.4.

T he General Plan’s L and Use E lement P olicy 3 highlights the City’s desired objective to support compatible commercial development, to emphasize commercial identity, and to enhance the area appearance, potential economic vitality, and revitalization. Ordinance No. 951 would promote the adoption of technology in busy areas, commercial corridors, and near public f acilities, which will help protect the economic vitality of existing businesses by enabling them to advertise goods and services and generate additional revenue, thereby contributing to the local economy. T his approach would be consistent with Policy 3.

T he General P lan’s L and Use E lement Policy 5 acknowledges the City’s support of providing an environment to stimulate local employment, property values, community stability, and the economic vitality of existing local businesses. Ordinance No. 951 would support this goal by increasing the availability and rapid deployment of charging stations equipped with advertising capabilities, benefiting both private and local economic interests. T he proposed ordinance would also encourage residents and visitors to f requent local businesses, thereby promoting shopping and local business patronage, aligning with P olicy 5.

Zoning C onsistency
D efinitions
Ordinance No. 951 proposes definitions for “Dispensing P ump.” The term would identify the type of equipment on which the regulations would be imposed. I n addition, the definition f or the term “Dispensing pump electronic display sign” is proposed to distinguish other electronic display signs f rom the electronic display signs installed on dispensing pumps. L astly, the definition f or the terms “Electronic vehicle charging station” or “charging station” is proposed to identify the type of equipment used to dispense electricity to electric vehicles and would be consistent with state and county def initions.

Electronic D isplay Sign I llumination Standards
8 All proposed signs would be required to follow the illumination standards already provided for electronic billboards to prevent light pollution and glare. T heref ore, O rdinance No. 951, as presented, addresses hazardous lighting to prevent nuisances or traf f ic hazards.

E NV IRO NM E NTAL RE V I E W:

Ordinance No. 951 has been assessed in accordance with the California E nvironmental Quality A ct (C E Q A ) (Pub.

R es. Code § 21000 et seq.) and C E Q A G uidelines (Cal. Code Regs., tit. 14, § 15000 et seq.). T he Ordinance is categorically exempt from the requirements of C E Q A pursuant to C E Q A Guidelines Section 15061(b)(3), because such displays will not exceed a certain size, must follow certain illumination and advertising requirements, and the use is ancillary to fueling and charging stations such that there is no possibility that this action may have a signif icant ef f ect upon the environment.

C O NC L US I O N:

T he implementation of Ordinance No. 951 is critical towards modernizing the City’s infrastructure while maintaining harmony with its aesthetic and economic goals. By adding comprehensive design standards for electronic display signs at dispensing pumps and similar facilities, the proposed ordinance seeks to balance the benefits of advanced advertising technology with the need to prevent potential nuisances. T his strategic approach not only aligns with the General P lan’s policies aimed at promoting cleaner transportation and supporting local businesses, but also reinf orces the C ity’s commitment to enhancing public infrastructure and economic vitality. As E V C S and other alternative f ueling stations become increasingly prevalent, adoption of Ordinance No. 951 would f acilitate the expansion of necessary inf rastructure while ensuring that the integration of advertising capabilities contributes positively to the community.

I t is recommended that the City C ouncil waive full reading and introduce Ordinance No. 951, by title only, approving Ordinance No. 951 amending C hapter 9.40 (Signs) of Title 9 (Z oning and P lanning Regulations) of the B G MC .

F I S C AL I M PAC T:

None. I f O rdinance No. 951 is adopted, f uture implementation of the provisions f or electronic displays identified would be carried out in existing entitlement application processes with which f ees are already associated to achieve partial staf f time recovery. A pplicants would be responsible for the costs associated with processing of proposed projects.

AT TAC HM E NT S :

D escription
Exhibit 1 - Ordinance No. 951
Exhibit 2- September 18, 2024, P lanning Commission Agenda R eport Exhibit 3- R esolution #P C 2024-20
Exhibit 4- Public Hearing Notice
AP P RO V E D E L E C T RO NI C AL LY B Y:

Michael B . O'K elly, C ity Manager
S tephanie Vasquez, City Attorney and/or Susie A ltamirano, Assistant City Attorney Manuel Carrillo, Director of F inance and Administrative Services 9 ORDINANCE NO. 951

AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF BELL
GARDENS, CALIFORNIA, AMENDING CHAPTER 9.04 (DEFINITIONS) AND CHAPTER 9.40 (SIGNS) OF TITLE 9 (ZONING AND PLANNING

REGULATIONS) OF THE BELL GARDENS MUNICIPAL CODE TO

REGULATE ELECTRONIC DISPLAY SIGNS

WHEREAS, the City of Bell Gardens (“City”) is a general law city, incorporated under the laws of the State of California; and

WHEREAS, pursuant to its police power, the City may enact and enforce laws within its boundaries which promote the public health, morals, safety, or general welfare of the community, and are not in conflict with general laws; and

WHEREAS, Ordinance No. 951 would establish regulations for electronic display signs on fuel and electricity dispensing pumps for motor vehicles and for electric vehicles, encouraging and facilitating mobility citywide to support Policy M 5.4; and

WHEREAS, the General Plan’s Land Use Element Policy 3 highlights the City’s desired obligation to support compatible commercial development to emphasize commercial identity and to enhance the appearance, potential economic vitality, and revitalization; and

WHEREAS, Ordinance No. 951 sets design standards for vehicle fueling, refueling, and charging equipment and stations that include advertising features, helping to safeguard the economic vitality of existing businesses by allowing them to legally advertise their goods and services, generating additional revenue and supporting the local economy, making the ordinance consistent with Policy 3; and

WHEREAS, the General Plan’s Land Use Element Policy 5 acknowledges the City’s support of providing an environment to stimulate local employment, property values, community stability, and the economic vitality of existing local businesses; and

WHEREAS, Ordinance No. 951 would support environmental stimulation goals by regulating electronic displays with advertising capabilities, benefiting both private and local economic interests, encouraging residents and visitors to frequent local businesses, thereby promoting shopping and local business patronage making it consistent with Policy 5; and

WHEREAS, the City finds it necessary to amend the Bell Gardens Municipal Code to enact provisions that regulate electronic display signs on fuel and electricity dispensing pump equipment; and

10Exhibit 1

Ordinance No. 951
2 of 5

WHEREAS, during a regularly scheduled meeting on September 18, 2024, the Planning Commission adopted Planning Commission Resolution #2024-020 recommending that the City Council adopt Ordinance No. 951; and

WHEREAS, a public hearing notice for Ordinance No. 951 was posted at City Hall, John Anson Ford Park, Veterans Park, the Department of Public Works, and published in the Daily Journal Corporation responsible for the Bell Gardens newspaper on September 5, 2024.

NOW, THEREFORE, THE CITY COUNCIL OF THE CITY OF BELL GARDENS DOES ORDAIN AS FOLLOWS:

SECTION 1. Findings and Purpose. In adopting this Ordinance, the City Council finds and declares as follows:

i. The above recitals are true, correct, and incorporated. ii. Ordinance No. 951 serves the public health, safety, and welfare of the residents within the City while balancing the benefits of modern advertising technologies, as a matter of local environmental concern, by regulating electronic display location restrictions, light pollution control, content, maintenance, and safety mechanisms, among other things. iii. Ordinance No. 951 is consistent with the City’s General Plan. iv. Ordinance No. 951, amending the City of Bell Gardens Municipal Code, presents no reasonably foreseeable risk to public health and safety.

SECTION 2. Section 9.04.040 (“D” definitions) of Chapter 9.04, (Definitions) of Title 9 (Zoning and Planning Regulations) of the Bell Gardens Municipal Code, is amended to add the following definitions (underlining denotes additions):
“Dispensing pump” shall mean a structure from which electricity is dispensed to charge an electric vehicle or from which gasoline, diesel or other fuel is dispensed to motor vehicles.
“Dispensing pump electronic display sign” shall mean an electronic display sign permanently installed on a dispensing pump and that may be used to advertise or promote a service, product, business, event, or similar matter.

SECTION 3. Section 9.04.050 (“E” definitions) of Chapter 9.04, (Definitions) of Title 9 (Zoning and Planning Regulations) of the Bell Gardens Municipal Code, is amended to add the following definition:
11Exhibit 1

Ordinance No. 951
3 of 5

“Electric vehicle charging station” or “charging station” shall mean any level of electric vehicle supply equipment station that is designed and built in compliance with Article 625 of the California Electrical Code and delivers electricity from a source outside an electric vehicle into a plug-in electric vehicle.

SECTION 4. Section 9.40.040 (Permanent on-site signs matrix), Sub-matrix B (Commercial and Industrial Zones) of Chapter 9.40 (Signs) of Title 9 (Zoning and Planning Regulations) of the Bell Gardens Municipal Code, is amended to add the following:

5. Dispensing Pump Electronic Display Sign
a. Number of Displays One double sided electronic display maximum for each equipment b. Size Electronic display shall not exceed 55 inches in size measured diagonally. c. Electronic Display
Requirements
Shall be limited to: (i) static displays; (ii) messages that appear or disappear from the display through dissolve, fade, travel or scroll modes; or (iii) similar transitions and frame effects that have text, animated graphics or images that appear to move or change in size or be revealed sequentially rather than all at once. Each message on the sign shall be displayed for a minimum period of 10 seconds.
d. Illumination
(i) No flashing, blinking, rotating, or hazardous lighting shall be permitted, and the direction and intensity of all lighting shall not be such as to cause a nuisance or traffic hazard. Signs must be equipped with automatic dimming technology to adjust the brightness of the sign relative to ambient light for both the daytime and nighttime conditions.
(ii) Electronic display signs shall not operate at brightness levels of more than 0.3 foot- candles above ambient light, as measured using a foot-candle meter. Light measurements shall be taken with the meter aimed directly at the sign message face, or at the area of the sign emitting the brightest light if that area is not the sign message face and shall be measured at a distance of one hundred feet from the sign area being measured.
e. Audio No equipment shall include any audio message.
f. Advertisement
Advertisements or messages displayed, with the exception of public safety and city announcements, shall be limited to those advertisements or messages for a business conducted, product, services available or rendered, goods produced, sold, or event directly associated with the property on which the sign is located.

SECTION 5. The City Council determines that Ordinance No. 951 has been assessed in accordance with the California Environmental Quality Act (CEQA) (Pub. Res.

Code § 21000 et seq.) and CEQA Guidelines (Cal. Code Regs., tit. 14, § 15000 et seq.).

The City Council determines that the Project is categorically exempt from the requirements of CEQA pursuant to CEQA Guidelines Section 15061(b)(3), because such displays will not exceed a certain size, must follow certain illumination and advertising requirements, and the use is ancillary to fueling and charging stations such that there is no possibility that this action may have a significant effect upon the environment.

SECTION 6. If any section, subsection, sentence, clause, phrase, or portion of this Ordinance is for any reason held to be invalid or unconstitutional by the decision of any court of competent jurisdiction, such decision shall not affect the validity of the remaining portions of this Ordinance. The City Council hereby declares that it would have adopted 12Exhibit 1

Ordinance No. 951
4 of 5

this Ordinance, and each section, subsection, subdivision, sentence, clause, phrase, or portion thereof, irrespective of the fact that any one or more sections, subsections, subdivisions, sentences, clauses, phrases, or portions might subsequently be declared invalid or unconstitutional.

SECTION 7. The City Clerk shall certify to the passage and adoption of this Ordinance and shall cause this Ordinance to be published or posted as required by law, which shall take full force and effect 30 days from its adoption.

PASSED, APPROVED and ADOPTED this 14 day of October, 2024.

THE CITY OF BELL GARDENS

Gabriela Gomez, Mayor

APPROVED AS TO FORM: ATTEST:

Stephanie Vasquez Daisy Gomez
City Attorney City Clerk

13Exhibit 1

Ordinance No. 951
5 of 5

I, Daisy Gomez, City Clerk of the City of Bell Gardens, hereby CERTIFY that City Council Ordinance No. 951 was introduced and placed upon its first reading at a regular meeting of the Bell Gardens City Council held on October 14, 2024 and that thereafter said Ordinance was duly adopted at a regular meeting of the Bell Gardens City Council held on Monday, , 2024 and was approved and passed by the following vote:

AYES:

NOES:

ABSTAIN:

ABSENT:
_______________________________
Daisy Gomez, City Clerk

14Exhibit 1

CITY OF BELL GARDENS

COMMUNITY DEVELOPMENT DEPARTMENT

AGENDA REPORT
Item 1.

TO:Honorable Chair and Members of the Planning Commission FROM: Steven Jones, City Planner
BY:Adrian Flores, Associate Planner
SUBJECT:CONSIDERATION OF ORDINANCE NO. 951 AMENDING TITLE 9 (ZONING AND PLANNING REGULATIONS) TO REGULATE CERTAIN ELECTRONIC DISPLAYS- ZONING CODE AMENDMENT NO. 2024-023
DATE:September 18, 2024
RECOMMENDATION:

It is recommended that the Planning Commission:

1. Find proposed Ordinance No. 951 categorically exempt from the provisions of the California Environmental Quality Act (CEQA); and

2. Adopt Resolution #PC 2024-20 recommending to the City Council approval of Zoning Code Amendment (ZCA) No. 2024-023 and adoption of Ordinance No. 951 amending the Bell Gardens Municipal Code (BGMC) to establish regulations for certain electronic display signs.

BACKGROUND:

Recently, the City has been receiving permit requests for electric vehicle charging stations (EVCS) with built-in advertising features.

However, the City Code does not regulate these types of electronic display signs that are becoming more common to fuel stations and EV charging stations. The State has mandated all cities and counties adopt a streamlined permit process for EVCS installation projects, which will likely increase the number of electronic display signs used for advertising throughout the City. As electronic display signs with advertising capabilities become more common due to their revenue-generating potential for property owners, it is crucial to implement design standards to prevent these stations from becoming public nuisances.

Adapting to advancing technology is essential today, as it enables individuals and businesses to remain relevant and competitive.

Electronic display signs in particular are gaining popularity due to their dynamic capabilities and ability to provide real-time updates.

These displays offer various methods for presenting public information and marketing through vibrant visuals, changing messages, and interactive features, enhancing engagement and communication while delivering timely updates and targeted content.

A public hearing notice for Planning Commission Resolution #PC 2024-20 was posted at City Hall, John Anson Ford Park, Veterans Park, the Department of Public Works, and published in the Daily Journal Corporation responsible for the Bell Gardens newspaper on September 5, 2024
PROJECT/SITE DESCRIPTION:

Ordinance No. 951 proposes to amend Chapter 9.40 (Signs) BGMC Title 9 (Zoning and Planning Regulations) to establish designs standards to regulate the review and issuance of permits for certain electronic displays built into automobile service station gasoline pumps, electric vehicle charging stations, and similar facilities.

Draft Ordinance No. 951
Electronic displays are currently defined in Chapter 9.40 BGMC as monument or pylon signs, often used as electronic billboards. The proposed ordinance would regulate the installation of certain smaller electronic displays within commercial, industrial, and mixed-use zones. Establishing design standards for electronic displays for advertising capabilities would protect the economic vitality of existing businesses, allow for public service announcements and transmission of emergency messages supporting community stability, and prevent such electronic displays from becoming a public nuisance.

General Plan Consistency
The General Plan’s Circulation Element Policy M 5.4 emphasizes the City’s commitments to create more electric vehicle charging spaces. Ordinance No. 951 would establish regulations for electronic display signs on fuel and electricity dispensing pumps for fuel motor vehicles and for electric vehicles, encouraging and facilitating mobility citywide to support Policy M 5.4.

The General Plan’s Land Use Element Policy 3 highlights the City’s desired objective to support compatible commercial development, to emphasize commercial identity, and to enhance the area appearance, potential economic vitality, and revitalization. Ordinance No. 951 would promote the adoption of technology in busy areas, commercial corridors, and near public facilities and would regulate certain electronic display signs, which will help protect the economic vitality of existing businesses by enabling them to advertise goods and services and generate additional revenue, thereby contributing to the local economy. This approach would be consistent with Policy 3.

support this goal by increasing the availability and rapid deployment of charging stations equipped with advertising capabilities, benefiting both private and local economic interests. The ordinance would also encourage residents and visitors to frequent local businesses, thereby promoting shopping and local business patronage, aligning with Policy 5.

Zoning Consistency

Purpose
Ordinance No. 951 would amend the BGMC to facilitate the installation and regulation of certain electronic display signs. The ordinance would introduce specific regulations for electronic display signage in commercial, industrial, and mixed-use zones, detailing display requirements and advertising restrictions. Introducing electronic display signage design standards would facilitate advertising capabilities, encouraging existing local businesses to install EVCS on their properties and increase the number of EVCS to reduce greenhouse gas (GHG) emissions and improved air quality.

Definitions
Ordinance No. 951 proposes definitions for “Dispensing Pump.” The term would identify the type of equipment on which the regulations would be imposed. In addition, the definition for the term “Dispensing pump electronic display sign” is proposed to distinguish standard electronic display signs from the electronic display signs installed on dispensing pumps. Lastly, the definition for the terms “Electronic vehicle charging station” or “charging station” is proposed to identify the type of equipment used to dispense electricity to electric vehicles and would be consistent with state and county definitions.

Electronic Display Sign Illumination Standards
All proposed signs would be required to follow the illumination standards of electronic billboards to prevent light pollution and glare.

Therefore, Ordinance No. 951, as presented, addresses hazardous lighting to prevent nuisances or traffic hazards.

ENVIRONMENTAL REVIEW:

The proposed ordinance is exempt from the CEQA (Pub. Res. Code § 21000 et seq.) under the commonsense exemption set forth at California Code of Regulations, Title 14, § 15061(b)(3) (CEQA Guidelines) because it can be seen with certainty that there would be no possibility that the adoption of this proposed resolution recommending approval of an ordinance to establishing EVCS permit streamlining procedures and design standards, would have a significant effect on the environment.

CONCLUSION:

The implementation of Ordinance No. 951 is critically important towards modernizing the City’s infrastructure while maintaining harmony with its aesthetic and economic goals. By establishing comprehensive design standards for electronic display signs at dispensing pumps and similar facilities, the ordinance seeks to balance the benefits of advanced advertising technology with the need to prevent potential nuisances. This strategic approach not only aligns with the General Plan’s policies aimed at promoting cleaner transportation and supporting local businesses, but also reinforces the City’s commitment to enhancing public infrastructure and economic vitality. As EVCS and other alternative fueling stations become increasingly prevalent, Ordinance No. 951 will facilitate the expansion of necessary infrastructure while ensuring that the integration of advertising capabilities contributes positively to the community. Through this ordinance, the City can achieve a more sustainable, economically vibrant, and aesthetically pleasing environment, fostering both technological progress and community well-being.

It is recommended that the Planning Commission adopt Resolution #PC 2024-20, recommending to the City Council approval of Zoning Code Amendment No. 2024-023 and adoption of Ordinance No. 951.

FISCAL IMPACT:

None.

ATTACHMENTS:

Description
Exhibit 1- Resolution #PC 2024-20
Exhibit 2- Ordinance No. 951
Exhibit 3- Public Hearing Notice
APPROVED ELECTRONICALLY BY:

Lloyd Pilchen, Deputy City Attorney
Gustavo Romo, Deputy City Manager / Community Development Director 16Exhibit 2

17Exhibit 3

18Exhibit 3

19Exhibit 3

20Exhibit 4

21Exhibit 4

CIT Y OF BE LL GARDENS

O F F I C E O F T HE C I T Y M ANAG E R

AG E ND A RE P O RT
I tem 2.

T O:Honorable Mayor and C ity C ouncil Members
F RO M : Michael B. O’Kelly, City Manager
B Y:D aisy Gomez, C ity C lerk
S UB J E C T:G E NE RAL M O T I O N T O WAI V E F UL L RE AD ING AND AP P RO V E O RD I NANC E S B Y T IT L E O NLY P URS UANT T O C AL IF O RNI A G O V E RNM E NT C O D E S E C T IO N 36934 D AT E:October 14, 2024
RE C O M M E ND AT IO N:

I t is staff's recommendation that the C ity Council approve a general motion to waive full reading and approve Ordinances by title only pursuant to California Government C ode S ection 36934.

B AC K G RO UND/D IS C US S I O N:

I n order to expedite the conduct of business at Council meetings, C alif ornia S tate L aw (California Government C ode Section 36934) allows Ordinances to be read by title if a majority of the C ouncil supports the motion waiving the full reading. Most California cities adopt a standard motion at the beginning of each meeting in order to effectuate this waiver.

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

C O NC L US I O N:

Allowing ordinances to be read by title only, according to California S tate L aw, will expedite the conduct of business at C ouncil Meetings.

F I S C AL I M PAC T:

No fiscal impact.

AP P RO V E D E L E C T RO NI C AL LY B Y:

O F F I C E O F T HE C I T Y M ANAG E R

AG E ND A RE P O RT
I tem 3.

T O:Honorable Mayor and C ity C ouncil Members
F RO M : Michael B. O’Kelly, E xecutive Director
B Y:D aisy Gomez, C ity C lerk
S UB J E C T:AP P RO VAL M I NUT E S O F S E P T E M B E R 23, 2024, C I T Y / S UC C E S S O R AG E NC Y J O INT

M E E T ING
D AT E:October 14, 2024
RE C O M M E ND AT IO N:

I t is staf f 's recommendation that the C ity C ouncil approve the minutes of the S eptember 23, 2024 C ity/Successor Agency J oint Meeting.

B AC K G RO UND/D IS C US S I O N:

Every City/S uccessor Agency J oint Meetings the City C lerk documents the actions made by the A gency Members/C ity C ouncil.

C O NC L US I O N:

I f approved, the minutes of the City/S uccessor A gency J oint Meeting will be archived in the C ity C lerk's Office.

F I S C AL I M PAC T:

No fiscal impact.

AT TAC HM E NT S :

D escription
Exhibit 1 - Minutes of September 23, 2024 R egular C ity C ouncil/S uccessor A gency J oint Meeting AP P RO V E D E L E C T RO NI C AL LY B Y:

C IT Y C O UNC IL / S UC C E S S O R AG E NC Y T O T HE C O M M UNIT Y

D E V E L O P M E NT C O M M I S S I O N

J O I NT M E E T ING
M O ND AY, S E P T E M B E R 23, 2024, 6:00 P M

M I NUT E S
L O C AT IO N: C I T Y C O UNC I L C HAM B E RS, 7100 G ARF IE L D AV E NUE, B E L L G ARD E NS, C A 90201 P UB L IC PART IC I PAT I O N: F or Regular Meetings, the public may address the City Council / Agency Members on any item listed on the Regular Meeting A genda and matters which are not listed on the agenda but are within the subject matter jurisdiction of the City C ouncil / S uccessor Agency. Public comments for non-agenda items will be limited to a total of 30 minutes. For S pecial Meetings, the public may only speak on items listed on the agenda. P ublic comments are limited to three (3) minutes per person for each designated public comment period(s). P ublic comments can be made by any of the following ways:

B Y T E L E P HO NE: P hone Number: (669)900-9128 Webinar I D : 813 3236 4343# Passcode: 2021# To address the C ity C ouncil press *9 to raise your hand then *6 to unmute yourself when instructed.

WRIT T E N C O M M E NT S: Public comments may be emailed to Public [email protected] or mailed to: City Clerk's Of f ice, 7100 Garf ield Ave., B ell Gardens, C A 90201. To ensure distribution to the members of the City Council / A gency Members prior to consideration of the agenda, please submit comments no later than one (1) hour prior to the meeting. T hose comments, as well as any comments received after, will be distributed to the members of the C ity C ouncil / S uccessor A gency and will be part of the official public record of this meeting.

F or more information, you may contact the C ity Clerk's of f ice during regular business hours 7:30 a.m. to 6:00 p.m., Monday through T hursday at (562) 806-7704.

GustavoGustavoGustavo
24Exhibit 1

C AL L T O O RD E R
T he Council Members of the City of Bell Gardens City Council/S uccessor A gency held a J oint R egular meeting on September 23, 2024, in the Council Chambers, 7100 G arf ield Avenue, Bell Gardens, C A with Mayor Gabriela Gomez presiding. Mayor Gabriela Gomez called the joint meeting to order at 6:04 p.m.

INV O C AT I O N
T he invocation was given by P astor R eynaldo L eal.

P L E D G E O F AL L E G IANC E
T he P ledge of A llegiance was led by Girl Scout Troop 2543.

RO L L C AL L O F C I T Y C O UNC IL M E M B E RS / S UC C E S S O R AG E NC Y T O T HE C O M M UNI T Y

D E V E L O P M E NT C O M M IS S IO N M E M B E RS

Present:

J orgel C havez, A gency Member/Council Member
F rancis De L eon S anchez, Agency Member/C ouncil Member Marco B arcena, Vice Chair/Mayor Pro Tem
Gabriela Gomez, Chair/Mayor

Absent:

None

P RE S E NTAT IO NS
•NAT IO NAL C O M M UNIT Y P L ANNI NG M O NT H
Mayor P ro Tem Marco Barcena read the certificate of recognition and presented it to Gustavo Romo, D eputy C ity Manager/Community D evelopment Director and Planning team. •D O M E S T I C V I O L E NC E AWARE NE S S M O NT H C ouncilmember J orgel Chavez read the certif icate of recognition and presented it to Norma Yoguez from S P I R I T T F amily C ounseling.
•NAT IO NAL B RE AS T C ANC E R AWARE NE S S M O NT H Mayor Gabriela Gomez read the certif icate of recognition and presented it to Maritza Quevedo, Outreach and Enrollment Supervisor f rom F amily Health Care C enters of Greater L os Angeles (F HC C G L ). •C HI L D HO O D C ANC E R AWARE NE S S M O NT H
C ouncilmember F rancis de L eon S anchez read the certificate of recognition in honor of godson survivor and provided it to Dr. A my F irestein and Steven F irestein, Volunteer D irector from K C C F amily House & C hildren's C ancer Center, whom were not present.
25Exhibit 1

P UB L IC HE ARING (Item No. 1)

1.C O NS ID E RAT I O N O F O RD INANC E NO . 950 AM E ND ING T I T L E 6 (B UI L D I NG S AND

C O NS T RUC T I O N) O F T HE B E L L G ARD E NS M UNIC I PAL C O D E B Y AD D I NG

S T RE AM L INE D P E RM I T RE Q UIRE M E NT S F O R E L E C T RIC AL V E HI C L E C HARG I NG

S TAT I O NS
Ordinance No. 950 would establish permit streamlining procedures for electric vehicle charging stations to comply with state law.

Recommendation:

I t is S taff’s recommendation that the City C ouncil waive f ull reading and introduce Ordinance No. 950, by title only, amending Title 6 (Buildings A nd C onstruction) of the B ell Gardens Municipal Code by adding streamlined permit requirements for electric vehicle charging stations to comply with state law.

Mayor Gabriela Gomez opened the public hearing at 6:28 p.m.

Adrian F lores, Associate Planner, provided a presentation.

P UB L I C C O MME NT

C ity C lerk D aisy Gomez announced that no written comments were received.

Bruce C row spoke in opposition to the item.

Mayor Gabriela Gomez closed the public hearing at 6:39 p.m.

A motion was made by Mayor P ro Tem Marco B arcena, seconded by C ouncilmember J orgel C havez to approve staf f 's recommendation and approve Ordinance No. 950 amending Title 6 by adding streamlined permit requirements for electric vehicle charging stations to comply with state law.

T he motion carried 4-0 with the f ollowing votes:

AYE S : Chavez, S anchez, B arcena, Gomez
NO E S: None
A B S E NT: None
A B S TA I N: None

P UB L IC C O M M E NT S O N NO N-AG E ND A I T E M S UND E R T HE S UB J E C T M AT T E R

J URIS D I C T IO N O F T HE C I T Y C O UNC I L / S UC C E S S O R AG E NC Y C ity C lerk D aisy Gomez announced that there were no written comments received.

L ilia Chavez spoke regarding living conditions due to a neighbor in a mobile park.

C assandra spoke regarding living conditions due to a neighbor in a mobile park.

Bruce C row spoke regarding various topics.
26Exhibit 1

Mayra R odriguez spoke regarding L ilia C havez's living conditions due to a neighbor in a mobile park.

P UB L IC C O M M E NT S O N AG E ND A I T E M S O NLY C ity C lerk D aisy Gomez announced that there were no written comments received.

Bruce C row spoke in opposition to item numbers 9, 10, 11, 12, and 13.

C I T Y M ANAG E R'S RE P O RT
C ity Manager Michael O'K elly provided a brief report.

C O NS E NT C AL E ND AR (Item Nos. 2 - 16)
All matters listed under the Consent Calendar are considered to be routine and can be acted on by one roll call vote. T here will be no separate discussion of these items unless members of the City C ouncil / Successor A gency request specif ic items to be removed f rom the Consent Calendar for separate action.

I tems called f or separate discussion will be heard as the next order of business.

A motion was made by Mayor P ro Tem Marco Barcena, seconded by C ouncilmember F rancis De L eon Sanchez to approve C onsent Calendar I tem Nos. 2 - 16.

T he motion carried 4-0 with the f ollowing votes f or I tem Nos. 1-8 and 10-16:

AYE S : Chavez, S anchez, B arcena, Gomez
NO E S: None
A B S E NT: None
A B S TA I N: None

T he motion carried 3-1 with the f ollowing votes f or I tem No. 9:

AYE S : S anchez, B arcena, Gomez
NO E S: Chavez
A B S E NT: None
A B S TA I N: None

Recommendation:

I t is staff's recommendation that the C ity C ouncil approve a general motion to waive f ull reading and approve Ordinances by title only pursuant to C alif ornia Government Code Section 36934.

3.AP P RO VAL M I NUT E S O F S E P T E M B E R 9, 2024, C I T Y / S UC C E S S O R AG E NC Y J O I NT

M E E T I NG
27Exhibit 1

A pprove the minutes of the September 9, 2024 City/S uccessor A gency J oint Meeting.

Recommendation:

I t is staf f 's recommendation that the C ity C ouncil approve the minutes of the September 9, 2024 City/S uccessor A gency J oint Meeting.

4.B IE NNIAL NO T IC E RE Q UIRE D B Y T HE P O L I T I C AL RE F O RM AC T AND AD O P T I O N O F

C O NF L IC T O F INT E RE S T C O D E UP D AT E
California Government C ode S ection 87306.5 requires that local governments conduct a review of their Conf lict of I nterest C odes every two years. T he C ity's Conf lict of I nterest Code determines which City officials and employee positions must file the Fair P olitical P ractices C ommission S tatement of E conomic I nterest F orm 700.

Recommendation:

I t is staff recommendation that the C ity C ouncil:

1. A dopt the attached R esolution amending the C onflict of I nterest C ode for the City of Bell Gardens C ity C ouncil, the S uccessor A gency to the Community D evelopment Commission, and the F inancing Authority B oard; and

2. Repeal R esolution No. 2022-98.

R esolution No. 2024-72 was approved.

5.WARRANT RE G I S T E RS AND WI RE T RANS F E RS
I n approving the action of receiving and f iling the warrant registers, the official minutes of the Bell Gardens City C ouncil should state that each individual member of the City C ouncil is not voting on, inf luencing the outcome of, or participating in approving, accepting, receiving or filing any warrant which bears the name of the same council member, or pays for any costs or expenses, or otherwise benefits the same named council member. Each council member will not be participating, inf luencing or voting on any such warrant bearing their name or which benef its the same named council member, but with that exception is voting in favor of receiving and filing all other warrants contained in this report, unless otherwise noted on the record at the time of the approval of the action required by this report.

Recommendation:

I t is staff's recommendation that the C ity C ouncil receive and f ile the warrant registers, wire transfers, and net payrolls dated 09/03/2024, 09/05/2024, and 09/10/2024.

6.WARRANT RE G I S T E R S UC C E S S O R AG E NC Y
I n approving the action of receiving and f iling the warrant registers, the official minutes of the S uccessor A gency should state that each individual member of the S uccessor Agency is not voting on, influencing the outcome of, or participating in approving, accepting, receiving or filing any warrant which bears the name of the same Successor Agency Member, or pays for any costs or expenses, or otherwise benef its the same named Successor Agency Member. E ach S uccessor A gency Member will not be participating, influencing or voting on any such warrant bearing their name or which benefits the same named Successor A gency Member, but with that exception is voting in favor of receiving and f iling all other warrants contained in this report, unless otherwise noted on the record at the time of the approval of the action required by this report.

Recommendation:

I t is staf f 's recommendation that the S uccessor A gency Members receive and f ile the warrant 28Exhibit 1

registers dated 09/03/2024 and 09/10/2024.

7.J ULY 2024 T RE AS URE R'S RE P O RT
T he Treasurer's Report is a list of cash, investment portfolio and restricted bond cash held by the City.

Recommendation:

I t is recommended that the City Council receive, approve, and f ile the J uly 2024 Treasurer's Report.

8.AUG US T 2024 T RE AS URE R'S RE P O RT
T he Treasurer's Report is a list of cash, investment portfolio and restricted bond cash held by the City.

Recommendation:

I t is recommended that the C ity Council receive, approve, and file the August 2024 Treasurer's Report.

9.S E C O ND RE AD I NG AND AD O P T IO N O F O RD I NANC E NO. 948 T O AUT HO RIZE A

D E V E L O P M E NT AG RE E M E NT B Y AND B E T WE E N T HE C IT Y O F B E L L G ARD E NS AND B G F L O WE R, L L C RE L AT ING T O T HE P RO P E RT Y L O C AT E D AT 7601 E AS T E RN

AV E NUE IN T HE C I T Y O F B E L L G ARD E NS
S econd reading and adoption of Ordinance No. 948 authorizing the City to enter into, and execute, a development agreement f or a cannabis retail use in exchange f or public benef its.

Recommendation:

I t is staff’s recommendation that the C ity C ouncil waive f ull reading and adopt Ordinance No. 948 to approve the proposed Development A greement No. 2024-054 for a cannabis retail storefront at 7601 Eastern Avenue.

Ordinance No. 948 was approved.

10.C O NS ID E RAT I O N O F A P RO F E S S IO NAL S E RV IC E S AG RE E M E NT B E WT E E N T HE C IT Y O F B E L L G ARD E NS AND K I M L E Y-HO RN AND AS S O C I AT E S , I NC.

S taff previously brought, and City Council approved, an agreement with K imley-Horn and A ssociates, I nc. However, Kimley-Horn and A ssociates, I nc. requested further revisions to the proposed Prof essional Services A greement f or consulting services to develop the B ell Gardens Transit Oriented C ommunity S pecif ic Plan and Z oning Code Update.

Recommendation:

I t is staff’s recommendation that the C ity C ouncil:

1. Determine the action exempt from the provisions of the C alif ornia E nvironmental Quality Act (C E Q A) pursuant to S tate C E Q A Guidelines Section 15060(c)(3);

2. A dopt the attached resolution approving a P rofessional Services A greement between the City and Kimley-Horn and A ssociates, I nc. to develop the Bell Gardens Transit Oriented Community Specific P lan and Z oning C ode Update; and

3. Rescind Resolution No. 2024-59.

R esolution No. 2024-73 was approved.

11.C O NS ID E RAT I O N O F AP P RO VAL O F A S E V E NT H AM E ND M E NT T O A P RO F E S S IO NAL 29Exhibit 1

S E RV IC E S AG RE E M E NT WIT H M I C HAE L B AK E R INT E RNAT IO NAL F O R AP P RO VAL

O F A L AB O R C O M P L I ANC E S UB C O NS ULTANT T O E X IS T ING C D B G P RO G RAM

AD M INIS T RAT IV E S E RV IC E S
A pproval of a S eventh A mendment to the Prof essional S ervices A greement with Michael B aker I nternational f or authorization to use a L abor Compliance S ubconsultant for existing C D B G program administrative services.

Recommendation:

I t is staff’s recommendation that the C ity C ouncil:

1. A dopt the attached R esolution; and

2. A uthorize and direct the City Manager to execute a S eventh Amendment to the Prof essional S ervices Agreement between the City and Michael B aker I nternational for approval of use of a L abor Compliance subconsultant to existing C D B G program administrative services.

R esolution No. 2024-74 was approved.

12.C O NS ID E RAT I O N O F S E C O ND AM E ND M E NT T O P RO F E S S I O NAL S E RV IC E S

AG RE E M E NT B Y AND B E T WE E N T HE C I T Y O F B E L L G ARD E NS AND IM PAC T S C IE NC E S , I NC.

A pproval of second amendment to the Prof essional S ervices Agreement by and between the C ity of B ell Gardens and I mpact Sciences, I nc.

Recommendation:

I t is staff’s recommendation that the C ity C ouncil:

1. Determine the action exempt from the provisions of the C alif ornia E nvironmental Quality Act (C E Q A) pursuant to S tate C E Q A Guidelines Section 15060(c)(3); and

2. A dopt the attached resolution approving a S econd A mendment to the P rofessional Services A greement between the C ity and I mpact S ciences, I nc. to accommodate added expenditures used to complete the E nvironmental J ustice E lement to the B ell Gardens General Plan.

R esolution No. 2024-75 was approved.

13.C O NS ID E RAT I O N O F A P RO F E S S I O NAL S E RV I C E S AG RE E M E NT WIT H G L O B AL URB AN S T RAT E G I E S , I NC. F O R AS -NE E D E D G RANT WRIT ING/AD M INIS T RAT IO N AND

P RO G RAM M ANAG E M E NT S E RV IC E S
T he City requires consultants for as-needed grant writing, administration, and program management services for potential grant-f unded projects in the City of B ell Gardens. W ith the current professional services agreement terminating on September 24, 2024, S taff issued a Request for Proposals and received nine Proposals. Of the nine P roposals received, Global Urban S trategies, I nc. ranked the highest. T heref ore, S taff recommends approval of a P rofessional S ervices Agreement with Global Urban Strategies, I nc.

Recommendation:

I t is staff’s recommendation that the C ity C ouncil, by motion:

1. A dopt the attached R esolution; and

2. A uthorize the City Manager to execute a P rofessional Services Agreement with Global Urban S trategies, I nc. for grant writing, administration, and program management services f or a three year term with the option of two 1-year extensions.

R esolution No. 2024-76 was approved.
30Exhibit 1

14.C O NS ID E RAT I O N O F S E C O ND AM E ND M E NT T O C O NT RAC T S E RV IC E S

AG RE E M E NT WIT H AL L C I T Y M ANAG E M E NT S E RV I C E S F O R C P I AD J US T M E NT

RE Q UE S T
Consideration of a Resolution to approve a Second A mendment to the Contract Services A greement with A ll City Management Services (A C MS ) allowing a consumer price index (C P I ) adjustment of 3.2% to the City's Contract S ervices Agreement with A C MS f or crossing guard services.

Recommendation:

I t is staf f 's recommendation that the City C ouncil adopt the attached Resolution authorizing the C ity Manager to execute the Second A mendment with A ll City Management S ervices to approve a C P I adjustment of 3.2%.

R esolution No. 2024-77 was approved.

15.C O NS ID E RAT I O N O F A RE S O L UT IO N AP P RO V ING AN AG RE E M E NT WI T H E B E RHARD

E Q UI P M E NT (C E RT IF I E D AUT HO RIZE D D E AL E R F O R K UB O TA T RAC T O R

C O RP O RAT IO N) F O R T HE P URC HAS E O F T WO UT I L IT Y V E HIC L E S Consideration of a Resolution approving an agreement with E berhard Equipment (C ertif ied A uthorized Dealer f or K ubota Tractor C orporation) f or the purchase of two utility vehicles.

Recommendation:

I t is staf f 's recommendation that the City Council adopt the attached Resolution approving an E quipment Procurement A greement with Eberhard Equipment (Certified Authorized D ealer for K ubota Tractor C orporation) for the purchase of two utility vehicles f or a total amount not to exceed $39,829.96 under S ourcewell C ontract #122220-K B A.

R esolution No. 2024-78 was approved.

16.L IB E RT Y WAT E R UT I L IT Y AS S I S TANC E P RO G RAM E X T E NS IO N E xtension of the L iberty Water Utility A ssistance Program until J une 30, 2026.

Recommendation:

I t is staf f ’s recommendation that the C ity C ouncil approve an extension to the L iberty Water Utility A ssistance Program through J une 30, 2026.

D I S C US S IO N (Items Nos. 17 - 18)

17.L O C AL C O M M I S S I O NS AP P O I NT M E NT L I S T T he L ocal Commissions Appointments L ist outlines the City of B ell Gardens Commissions and Commissioners. Per the B ell Gardens Municipal Code, City Commissions consist of Bell Gardens residents appointed by each member of the City Council. C ouncil Members may remove commissioners during any regular City Council meeting and may appoint commissioners f ollowing 10 working days after the posting of the vacancy notice.

Recommendation:

I t is staf f 's recommendation that the C ity Council review the C ommissions Appointments L ist and by motion, remove commissioners and/or make appointments to the posted vacancies.

No action was taken.
31Exhibit 1

18.C O NS ID E RAT I O N O F A RE S O L UT I O N AP P RO V ING AN AG RE E M E NT WI T H G RE E NF IE L D S O UT D O O R F IT NE S S, INC . F O R T HE P URC HAS E AND I NS TAL L AT I O N

O F O UT D O O R F IT NE S S E Q UI P M E NT AT V E T E RANS PARK Consideration of a R esolution approving an agreement with Greenfields Outdoor F itness, I nc. for the purchase and installation of outdoor f itness equipment at Veterans P ark.

Recommendation:

I t is staff's recommendation that the C ity C ouncil:

1. A dopt the attached Resolution approving an agreement with Greenfields Outdoor F itness, I nc. f or the purchase and installation of outdoor fitness equipment f or a total amount not to exceed $396,491.92; and

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

Bernardo I niguez, Public Works / F acilities D irector, provided a presentation.

A motion was made by Mayor P ro Tem Marco Barcena, seconded by C ouncilmember F rancis de L eon Sanchez to approve staf f 's recommendation.

T he motion carried 4-0 with the f ollowing votes:

AYE S : Chavez, S anchez, B arcena, Gomez
NO E S: None
A B S E NT: None
A B S TA I N: None

R esolution No. 2024-79 was approved.

C I T Y C O UNC I L / S UC C E S S O R AG E NC Y M E M B E R C O M M E NT S Members of the Council and Successor Agency made community announcements and comments.

AD J O URNM E NT
Mayor Gabriela Gomez adjourned the meeting at 7:38 p.m.

D aisy Gomez, C ity C lerk
Agenda posted on S eptember 19, 2024.
32Exhibit 1

CIT Y OF BE LL GARDENS

O F F I C E O F T HE C I T Y M ANAG E R

AG E ND A RE P O RT
I tem 4.

T O:Honorable Mayor and C ity C ouncil Members
F RO M : Michael B. O'Kelly, City Manager
B Y:Manuel C arrillo, D irector of F inance & A dministrative S ervices S UB J E C T:WARRANT RE G IS T E RS AND WIRE T RANS F E RS D AT E:October 14, 2024
RE C O M M E ND AT IO N:

I t is staf f 's recommendation that the City Council receive and f ile the warrant registers, wire transf ers, and net payrolls dated 09/16/2024, 09/17/2024, 09/18/2024, 09/19/2024 and 09/24/2024.

B AC K G RO UND/D IS C US S I O N:

T he attached warrant registers, wire transfers, and net payrolls are f or 09/16/2024, 09/17/2024, 09/18/2024, 09/19/2024 and 09/24/2024. T he warrant registers, wire transfers, and net payrolls ref lect the f inancial obligations of the City f or the above referenced dates.

C O NC L US I O N:

I f the recommendation to the C ity Council is approved, then the warrant registers, wire transfers, and net payrolls dated 09/16/2024, 09/17/2024, 09/18/2024, 09/19/2024 and 09/24/2024 will be received and filed.

F I S C AL I M PAC T:

Wire transfer 09/16/2024 1983-1985 $1,510,305.37
Warrant register 09/17/2024 192074-192160 $1,249,203.37 T otal Ba nk $2,759,508.74

Wire transfer 09/19/2024 1986-1990 $291,135.22
Warrant register 09/24/2024 192161- 192268 $299,725.23
T otal Ba nk $590,860.45
N et payro ll transfer 09/18/2024 $566,932.12
T ota l Voucher $ 1,157,792.57

Grand T ot a l Vouche rs $3,917,301.31

AT TAC HM E NT S :

D escription
E X HI B I T-1 W A R R A NT R E G I S T E R
AP P RO V E D E L E C T RO NI C AL LY B Y:

Michael B . O'K elly, C ity Manager
S tephanie Vasquez, City Attorney and/or Susie A ltamirano, Assistant City Attorney 33 Manuel Carrillo, Director of F inance and Administrative Services 34 35Exhibit 1

36Exhibit 1

37Exhibit 1

38Exhibit 1

39Exhibit 1

40Exhibit 1

41Exhibit 1

42Exhibit 1

43Exhibit 1

44Exhibit 1

45Exhibit 1

46Exhibit 1

47Exhibit 1

48Exhibit 1

49Exhibit 1

50Exhibit 1

51Exhibit 1

52Exhibit 1

53Exhibit 1

54Exhibit 1

55Exhibit 1

56Exhibit 1

57Exhibit 1

CIT Y OF BE LL GARDENS

O F F I C E O F T HE C I T Y M ANAG E R

AG E ND A RE P O RT
I tem 5.

T O:Honorable Mayor and C ity C ouncil Members
F RO M : Michael B. O'Kelly, City Manager
B Y:Manuel C arrillo, D irector of F inance and A dministrative S ervices Andy Tse, Human R esources Manager
S UB J E C T:RE J E C T I O N O F C L AIM
D AT E:October 14, 2024
RE C O M M E ND AT IO N:

I t is staff’s recommendation that the City Council reject the claims f iled by Tonatiuh L agos. T he claims are being presented f or rejection in a manner that allows the claimant, subject to certain exceptions, up to six months to file a court action on the claim.

B AC K G RO UND/D IS C US S I O N:

T he C ity Clerk's Office received the claims from Claimant who is seeking damages of $270.00, the fee that the claimant paid to retrieve the vehicle from impound. City staff directed the claims to the City's general liability claims administrator Carl Warren & C ompany f or processing, review, and investigation.

F ollowing its investigation, C arl Warren & Company determined that the City was not responsible f or the claim and determination. Upon review of the claim staf f recommends rejection of this claim C O NC L US I O N:

After carefully reviewing and investigating the claims, C ity staff determined that the City is not liable for the claims and recommends rejection.

F I S C AL I M PAC T:

No fiscal impact.

AP P RO V E D E L E C T RO NI C AL LY B Y:

O F F I C E O F T HE C I T Y M ANAG E R

AG E ND A RE P O RT
I tem 6.

T O:Honorable Mayor and C ity C ouncil Members
F RO M : Michael B. O'Kelly, City Manager
B Y:Gustavo R omo, Deputy City Manager / D irector of Community D evelopment S UB J E C T:S E C O ND RE AD ING AND AD O P T IO N O F O RD INANC E NO. 950 AD D I NG S T RE AM L I NE D

P E RM IT RE Q UI RE M E NT S F O R E L E C T RIC V E HIC L E C HARG ING S TAT I O NS D AT E:October 14, 2024
RE C O M M E ND AT IO N:

I t is staf f ’s recommendation that the City Council waive full reading and adopt Ordinance No. 950 to add C hapter

6.35 to Title 6 (Buildings and C onstruction) of the B ell Gardens Municipal C ode to establish permit streamlining procedures for electric vehicle charging stations in compliance with state requirements.

B AC K G RO UND/D IS C US S I O N:

On September 23, 2024, the City C ouncil waived the full reading and introduced Ordinance No. 950, by title only, to add C hapter 6.35 to Title 6 (B uildings and Construction) of the Bell Gardens Municipal Code (B G MC ) to develop an expedited, streamlined electric vehicle charging station (E V C S ) permit process with a vote of 4-0.

C O NC L US I O N:

I f approved, Ordinance No. 950 would become effective 30 calendar days after approval. Ordinance No. 950 is a state-mandated requirement and represents a forward-thinking approach by the C ity to support the growing demand for E V C S inf rastructure. B y updating def initions and streamlining the permitting process, the C ity aims to encourage the installation of E V C S inf rastructure while ensuring that public health and safety remain a priority while helping to improve the local economy. I f adopted, this Ordinance would reflect a commitment to sustainability while maintaining safety standards to ensure that the transition to cleaner transportation options benefits both the community and the environment. S taff recommends that the C ity C ouncil waive f ull reading and adopt Ordinance No. 950.

F I S C AL I M PAC T:

I f Ordinance No. 950 is adopted, administration and implementation of the ministerial permitting process would be carried out through an application process for which fees are already associated to achieve partial staff cost recovery. Applicants would be responsible f or the payment of fees associated with land use entitlement processing of proposed projects.

AT TAC HM E NT S :

D escription
Exhibit 1 - Ordinance No. 950
AP P RO V E D E L E C T RO NI C AL LY B Y:

AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF BELL
GARDENS, CALIFORNIA, ADDING CHAPTER 6.35 (EXPEDITED

REVIEW OF ELECTRIC VEHICLE CHARGING STATION PERMITS) TO TITLE 6 (BUILDINGS AND CONSTRUCTION) OF THE BELL GARDENS

MUNICIPAL CODE TO IMPLEMENT AN EXPEDITED PERMIT PROCESS

FOR ELECTRIC VEHICLE CHARGING STATIONS

WHEREAS, the City of Bell Gardens (“City”) is a general law city, incorporated under the laws of the State of California; and

WHEREAS, on October 8, 2015, California Governor Gavin Newsom signed Assembly Bill (“AB”) 1236, adding Section 65850.7 to the Government Code; and

WHEREAS, section 65850.7 requires all California cities and counties to develop an expedited, streamlined permitting processes for electric vehicle charging stations (“EVCS”) to further the availability of charging infrastructure, to help drive the deployment of zero emissions vehicles for improved air quality, and to reduce greenhouse gas (“GHG”) emissions; and

WHEREAS, on October 8, 2021, California Governor Gavin Newsom signed AB 970, amending Government Code Section 65850.7, and requiring all California cities and counties with fewer than 200,000 residents to limit EVCS project review to health and safety requirements by January 1, 2023; and

WHEREAS, the City finds it necessary to amend the Bell Gardens Municipal Code to enact provisions that implement an expeditated, nondiscretionary permit process for EVCS installation and limit permit review to public health and safety.

NOW, THEREFORE, THE CITY COUNCIL OF THE CITY OF BELL GARDENS DOES ORDAIN AS FOLLOWS:

SECTION 1. Findings and Purpose. In adopting this Ordinance, the City Council finds and declares as follows:

i. The above recitals are true, correct, and incorporated. 60Exhibit 1

Ordinance No. 950
2 of 7

ii. Ordinance No. 950 serves the public health, safety, and welfare of City residents, as a matter of statewide concern, by promoting and encouraging use of electric vehicle charging stations and limiting obstacles to installation. iii. Ordinance No. 950, amending the City of Bell Gardens Municipal Code, presents no risk to the public health and safety.

SECTION 2. Bell Gardens Municipal Code Title 6 (Buildings and Construction), is amended and enacted to add the following Chapter (underlining denotes additions):

Chapter 6.35 EXPEDITED REVIEW OF ELECTRIC VEHICLE CHARGING STATION

PERMITS

6.35.010 Purpose
The purpose of this chapter is to promote and encourage the use of electric vehicles by creating an expedited, streamlined permitting process for electric vehicle charging stations while promoting public health and safety and preventing specific adverse impacts in the installation and use of such charging stations. Review of electric vehicle charging stations shall be limited to health and safety requirements found under local, state, and federal law.

6.35.020 Applicability
This chapter applies to the permitting of all electric vehicle charging stations in the City.

Electric vehicle charging stations legally established or permitted prior to the effective date of this chapter are not subject to the requirements of this chapter unless physical modifications or alterations are undertaken that materially change the size, type, or components of an electric vehicle charging system in such a way as to require new permitting.

6.35.030 Definitions
“Electric Vehicle Charging Station” or “Charging Station” shall mean any level of electric vehicle supply equipment station that is designed and built in compliance with Article 625 of the California Electrical Code and delivers electricity from a source outside an electric vehicle into a plug-in electric vehicle.
“Feasible Method” shall mean a method to satisfactorily mitigate or avoid a specific, adverse impact including, but not limited to, any cost-effective method, condition, or mitigation imposed by the City on a prior, similarly situated permit application. “Specific, adverse impact” shall mean a significant, quantifiable, direct, and unavoidable impact, based on objective, identified, and written public health or safety standards, policies, or conditions as they existed on the date the application was deemed complete. 61Exhibit 1

Ordinance No. 950
3 of 7

6.35.040 Permit Review Process
A. If the Building Official determines that a permit application satisfies all the requirements found in the City’s adopted checklist and is consistent with all applicable health and safety standards, the application shall be deemed complete and shall be promptly processed.

B. If the Building Official determines that the permit application is incomplete, a written correction notice shall be issued to the applicant within five (5) business days for projects with twenty-five (25) or fewer charging stations and within ten (10) business days for projects with more than twenty-five (25) charging stations. The written correction notice shall detail all deficiencies in the application and any additional information required to be eligible for expedited permit issuance. A correction notice may be in the form of a printed document, electronic mail, or “red line” corrections on the submitted plans.

C. In conjunction with the application process, the applicant shall verify that the installation of an electric vehicle charging station will not have a specific, adverse impact to public health and safety or building occupants. Verification by the applicant includes, but is not limited to, the following documentation: electrical system capacity and loads; electrical system wiring, bonding, and overcurrent protection; building infrastructure affected by charging station equipment and associated conduits; areas of charging station equipment and vehicle parking.

D. Consistent with Government Code Section 65850.7, the Building Official shall allow for electronic submittal via email, the internet, or facsimile of permit applications covered by this Ordinance and associated supporting documentation.

In accepting such permit applications, the Building Official shall also accept electronic signatures on all forms, applications, and other documentation in lieu of a wet signature by any applicant, provided that the City has the software necessary to accept electronic signatures.

E. Approval for any electric vehicle charging station permit shall not be conditioned on the approval of an association, as that term is defined by Civil Code Section 4080.

F. Approval of the permit does not authorize an applicant to energize or utilize the electric vehicle charging station until the required inspection and approval to energize the system is granted by the City. The inspection shall be performed in a timely manner and include consolidated inspections, if required.

62Exhibit 1

Ordinance No. 950
4 of 7

G. The Building Official may require an applicant to apply for a conditional use permit if the Building Official makes a finding, based on substantial evidence, that the proposed electric vehicle charging station could have a specific, adverse impact upon the public health and safety. The Building Official’s decision to require a conditional use permit may be appealed by the applicant to the Planning Commission pursuant to Chapter 9.60 of Title 9 in the City Code.

H. The City may not deny an application for a conditional use permit to install an electric vehicle charging station unless it makes written findings based upon substantial evidence in the record that the proposed installation would have a specific, adverse impact upon the public health or safety, and there is no feasible method to satisfactorily mitigate or avoid the specific, adverse impact. The findings shall include the basis for the rejection of potential feasible alternatives for preventing the adverse impact. Such decisions may be appealed pursuant to Chapter 9.60 of Title 9 in the City Code.

I. An application to install an electric vehicle charging station shall be deemed approved if, for projects with twenty-five (25) or fewer charging stations, twenty (20) business days have passed since the application was deemed complete or, for projects with twenty-six (26) or more charging stations, forty (40) business days have passed since the application was deemed complete, and all of the following are true:

1. The Building Official has not administratively approved the application.

2. The Building Official has not made a finding, based on substantial evidence, that the electric vehicle charging station could have a specific adverse impact upon the public health or safety or required the applicant to apply for a conditional use permit.

3. The Building Official has not denied the permit.

4. An appeal has not been made to the City Planning Commission.

6.35.050 Electric Vehicle Charging Station Requirements A. All electric vehicle charging stations and associated equipment shall meet all applicable health and safety standards and requirements, including but not limited to any requirements imposed by the Bell Gardens Municipal Code, the state, the Fire Department, the California Electrical Code, the Society of Automotive Engineers, the National Electrical Manufacturers Association, and accredited testing laboratories such as Underwriters Laboratories, rules of the Public Utilities 63Exhibit 1

Ordinance No. 950
5 of 7

Commission or an Electric Utility regarding safety and reliability, and any applicable Federal laws including the Americans with Disabilities Act.

B. Installation of electric vehicle charging stations shall be incorporated into the load calculations of all new or existing electrical services and shall meet the requirements of the California Electrical Code. Electric vehicle supply equipment shall be considered a continuous load.

C. Anchorage of either floor-mounted or wall-mounted electric vehicle charging stations shall meet the requirements of the California Building or Residential Code as applicable per occupancy, and the provisions of the manufacturer's installation instructions. Mounting of charging stations shall not adversely affect building elements.

D. If an electric vehicle charging station and any associated equipment interfere with, reduce, eliminate, or in any way impact the required parking spaces for existing uses, the City shall reduce the number of required parking spaces for the existing uses by the amount necessary to accommodate the electric vehicle charging station and any associated equipment.

SECTION 3. Compliance with California Environmental Quality Act. The City Council finds that Ordinance No. 950 amending the Bell Gardens Buildings and Construction Code is exempt from the requirements of the California Environmental Quality Act (CEQA) pursuant to State CEQA Guidelines, as it is not a “project” and has no potential to result in a direct or reasonably foreseeable indirect physical change to the environment. (Cal. Code Regs., tit.14, § 15378, subd. (a)(5).) Further, this Ordinance is exempt from CEQA as there is no possibility that it or its implementation would have a significant negative effect on the environment. (Cal. Code Regs., tit.14, § 15061, subd. (b)(3).)
SECTION 4. If any section, subsection, sentence, clause, phrase, or portion of this Ordinance is for any reason held to be invalid or unconstitutional by the decision of any court of competent jurisdiction, such decision shall not affect the validity of the remaining portions of this Ordinance. The City Council hereby declares that it would have adopted this Ordinance, and each section, subsection, subdivision, sentence, clause, phrase, or portion thereof, irrespective of the fact that any one or more sections, subsections, subdivisions, sentences, clauses, phrases, or portions might subsequently be declared invalid or unconstitutional.

SECTION 5. The City Clerk shall certify to the passage and adoption of this Ordinance and shall cause this Ordinance to be published or posted as required by law, which shall take full force and effect thirty (30) days from its adoption.

64Exhibit 1

Ordinance No. 950
6 of 7

PASSED, APPROVED and ADOPTED this 14th day of October 2024.

THE CITY OF BELL GARDENS

Gabriela Gomez, Mayor

APPROVED AS TO FORM: ATTEST:

Stephanie Vasquez Daisy Gomez
City Attorney City Clerk

[Signatures on the following page]
65Exhibit 1

Ordinance No. 950
7 of 7

I, Daisy Gomez, City Clerk of the City of Bell Gardens, hereby CERTIFY that City Council Ordinance No. 950 was introduced and placed upon its first reading at a regular meeting of the Bell Gardens City Council held on Monday, September 23, 2024 and that thereafter said Ordinance was duly adopted at a regular meeting of the Bell Gardens City Council held on Monday, October 14, 2024 and was approved and passed by the following vote:

AYES:

NOES:

ABSTAIN:

ABSENT:
_______________________________
Daisy Gomez
City Clerk

66Exhibit 1

CIT Y OF BE LL GARDENS

O F F I C E O F T HE C I T Y M ANAG E R

AG E ND A RE P O RT
I tem 7.

T O:Honorable Mayor and C ity C ouncil Members
F RO M : Michael B. O'Kelly, City Manager
B Y:Gustavo J . Romo, D eputy C ity Manager/Director of C ommunity Development S UB J E C T:A RE S O L UT I O N O F T HE C IT Y C O UNC IL O F T HE C I T Y O F B E L L G ARD E NS

AP P RO V ING A P RO F E S S I O NAL S E RV I C E S AG RE E M E NT B E T WE E N T HE C I T Y O F

B E L L G ARD E NS AND D AP E E R RO S E NB L IT L IT VAK , L L P F O R M UNI C IPAL C O D E

V IO L AT I O N P RO S E C UT I O N S E RV I C E S
D AT E:October 14, 2024
RE C O M M E ND AT IO N:

I t is staf f 's recommendation that the City Council:

1. D etermine the action exempt f rom the provisions of the C alif ornia Environmental Quality A ct (C E Q A ) pursuant to S tate C E Q A Guidelines Section 15060(c)(3); and

2. Adopt the attached Resolution approving a Professional Services A greement with Dapeer R osenblit L itvak, L L P for municipal code violation prosecution services.

B AC K G RO UND/D IS C US S I O N:

T he C ity’s Community Development Department Code E nf orcement Division's goal is to promote and maintain a safe and desirable living and working environment. Our Code E nf orcement Division works with the community, public service agencies, and other C ity departments to ensure compliance with the C ity's Municipal Code, applicable adopted L os A ngeles County codes like the B uilding C ode, among others, for the elimination of unhealthy and undesirable conditions in the City. The Division investigates and enforces municipal code violations in response to complaints f rom the public and observations f rom C ity staff. C ompliance is accomplished by cooperation, education, and follow-up of all open cases.

To address the C ity’s needs to manage private property violations through P roperty Maintenance and P roperty R ehabilitation programs, Staf f prepared a R equest f or Proposals (R F P ) which requested a scope of services proposal to provide prosecution services on an as-needed basis. T he requested scope of services would f acilitate the selection of a law f irm to play the pivotal role in efficient resolution and prosecution of cases involving City ordinance violations in keeping with the City’s goals and objectives of the protection of public health, saf ety, and general welfare.

Staf f issued the R F P on J uly 2, 2024, with a deadline date of A ugust 1, 2024. However, since no proposals were received, S taff reissued the R F P on September 9, 2024, with a deadline of S eptember 26, 2024.

Two (2) qualif ied law f irms submitted proposals to provide the services. A selection panel comprised of staff f rom the Community D evelopment Department’s B uilding, Code Enforcement, and Planning D ivisions was convened.

After reviewing the proposals, the selection panel identif ied Dapeer Rosenblit L itvak, L L P (D R L ) as the pref erred firm. D R L has been providing code enforcement services throughout Southern C alif ornia since 1979 and for the City since 2003. D R L is being recommended f or their ability and experience in providing a variety of legal services to 67 expedite compliance with applicable laws, and based on their experience, qualifications, cost, and previous work and record of success.

T heref ore, S taff recommends that the C ity C ouncil approve a Prof essional Services A greement with the D R L f irm to provide as-needed municipal code violation prosecution services.

E NV IRO NM E NTAL RE V I E W
Pursuant to the C E Q A , G uidelines S ection No. 15060(c)(3), this report is categorically exempt as organizational or administrative activities of governments that result in no direct or indirect physical changes in the environment are exempt from C E Q A since the activity is not considered a project.

C O NC L US I O N:

Enforcement of the B ell Gardens Municipal Code ensures the continued practice of the C ity’s zoning, health and safety standards, and the elimination of blight conditions. D R L already works closely with S taff and the City A ttorney in f ormulating recommended protocol to achieve timely compliance while preserving C ity resources. T heref ore, S taff recommends that the C ity C ouncil approve a Professional S ervices Agreement with D R L for as needed prosecutorial services.

F I S C AL I M PAC T:

I f approved, the executed P rofessional S ervices Agreement would authorize the City to pay municipal services hourly rates of $245 per hour for general Attorney services, $285 per hour f or complex matters, $185 per hour f or paralegals, and reimbursement of certain costs and expenses related to the execution of such services. I t should be noted that D R L will not bill f or any matters as complex matters unless they f irst obtain written consent from the City Manager and C ity Attorney. I n accordance with applicable laws, reimbursement to the City for prosecutorial services is evaluated and endeavors for recovery of costs to revenue are sought. I f approved and executed, the P rofessional Services A greement would authorize the payment as needed f rom the General Fund and the recovery of costs f or remediation of code violations.

AT TAC HM E NT S :

D escription
Exhibit 1 - Resolution No. 2024-80
Exhibit 2- D apeer Rosenblit and L itvak, L L P Prof essional Services A greement AP P RO V E D E L E C T RO NI C AL LY B Y:

A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF BELL

GARDENS APPROVING A PROFESSIONAL SERVICES AGREEMENT

BY AND BETWEEN THE CITY OF BELL GARDENS AND DAPEER

ROSENBLIT LITVAK, LLP

WHEREAS, the City of Bell Gardens (“City”) requires prosecution services on an as-needed basis;

WHEREAS, the City issued a Request for Proposals for prosecution services and received two (2) proposals;

WHEREAS, Dapeer Rosenblit Litvak, LLP represents that it is fully qualified to perform such professional services by virtue of its education, experience, training, and expertise; and

WHEREAS, given Dapeer Rosenblit Litvak, LLP’s qualifications and familiarity with the City, the City desires to enter into a Professional Services Agreement with Dapeer Rosenblit Litvak, LLP.

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

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

SECTION 2. The City Council approves a Professional Services Agreement with Dapeer Rosenblit Litvak, LLP and authorizes and directs the City Manager to execute the Professional Services Agreement attached as Exhibit 2 to the staff report.

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

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

69Exhibit 1

Resolution No. 2024-80
2 of 3

PASSED, APPROVED AND ADOPTED this 14th day of October 2024.

THE CITY OF BELL GARDENS

_____________________________
Gabriela Gomez, Mayor

APPROVED AS TO FORM: ATTEST:

______________________________ ________________________________ Stephanie Vasquez Daisy Gomez
City Attorney City Clerk

[Signatures on the following page]

70Exhibit 1

Resolution No. 2024-80
3 of 3

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 October 14, 2024, and was approved and passed by the following vote:

AYES:

NOES:

ABSTAIN:

ABSENT:

71Exhibit 1

1 2024

PROFESSIONAL SERVICES AGREEMENT
(Engagement: Municipal Code Violation Prosecution Services) (Parties: Dapeer Rosenblit Litvak, LLP and City of 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 DAPEER ROSENBLIT LITVAK, LLP (hereinafter, “FIRM”). For the purposes of this Agreement, CITY and FIRM may be referred to collectively by the capitalized term “Parties.” The capitalized term “Party” may refer to CITY or FIRM interchangeably, as appropriate.

RECITALS

WHEREAS, CITY requires prosecution services on an as-needed basis; and

WHEREAS, CITY issued a Request for Proposals for prosecution services and received two (2) proposals; and

WHEREAS, CITY staff has determined that FIRM 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 FIRM agree as follows:

ENGAGEMENT TERMS

1.1 TERM: This Agreement shall have a term of three (3) years commencing as of the Effective Date (hereinafter, the “Term”). Nothing in this Section shall operate to prohibit or otherwise restrict the CITY’s ability to terminate this Agreement at any time for convenience or for cause as provided under Article V (Termination), below.

The Term of the Agreement may be extended by the CITY subject to its same terms and conditions for a maximum of two (2) one-year extensions, provided the City Manager issues written notice of its intent to extend the Term of the Agreement prior to the expiration of the initial Term.

1.2 SCOPE OF WORK:

A. Subject to the terms and conditions of this Agreement, FIRM agrees to provide the services and tasks described in that certain Request for Proposals of CITY entitled “Request for Proposals for Municipal Code Violation Prosecution Services” (hereinafter, “CITY RFP”) dated September 9, 2024, and the written proposal of FIRM entitled “Firm Profile and Proposal 72Exhibit 2

2 for Code Enforcement/City Prosecutor and Litigation Services” and “Response to Request for Proposal for Legal Services” dated September 25, 2025 (collectively, hereinafter, the “FIRM PROPOSAL”) dated September 25, 2024. The CITY RFP and the FIRM 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 FIRM 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 FIRM 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 provisi ons of this Agreement to which the Scope of Work is attached, the provisions of this Agreement shall govern and control.

1.3 PROSECUTION OF WORK:

A. FIRM shall perform the Work contemplated under this Agreement on an as - needed basis. Nothing in this Agreement shall be construed to grant FIRM the exclusive right to perform any of the types of services or tasks contemplated under this Agreement nor shall anything in this Agreement be construed to entitle FIRM to the receipt of any sums under this Agreement, except to the extent CITY requests the performance of any Work in the manner described below and such Work is in fact performed and completed by FIRM and accepted by CITY. CITY requests for the performance of specific as-needed services or tasks contemplated under this Agreement shall be made in the form of a written work order(s) issued by the City Representative (each such written request hereinafter referred to as a “Task Order”). The standard Task Order form will be provided by the City Representative and shall include the following information:

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

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

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

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

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

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

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

C. Time is of the essence in the performance of Work under this Agreement, 73Exhibit 2

3 and in the absence of a specific schedule or other instructions from the City Representative, FIRM shall begin and complete performance of the Work in a timely and a diligently manner as possible.

1.4 COMPENSATION: FIRM shall perform the Work in accordance with “Proposed Fees” and “Fee and Compensation Schedule” of the FIRM PROPOSAL (hereinafter, the “Hourly Rates”). The foregoing notwithstanding, FIRM’s hourly rates shall be as follows: Two Hundred Forty-Five Dollars ($245) per hour for all general Attorney services; Two Hundred Eighty-Five Dollars ($285) per hour for complex matters; and One Hundred Ninety-Five Dollars ($195) per hour for paralegals, during the Term of this Agreement, unless such added expenditures are first approved by the City Council. FIRM shall not bill any matters as complex matters unless written approval by the City Attorney and City Manager, prior to commencement of the complex matter Work, has been obtained. Any revision to FIRM’s Hourly Rates shall be first be approved by the City Council.

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

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

1.7 ABANDONMENT BY FIRM: In the event FIRM 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, FIRM will deliver to CITY immediately and without delay, all materials, records and other work product prepared or obtained by FIRM in the performance of this Agreement. Furthermore, FIRM 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 FIRM’s cessation or abandonment.

74Exhibit 2

4 II.

PERFORMANCE OF AGREEMENT

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

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

2.2 FIRM REPRESENTATIVE: FIRM hereby designates William Litvak, Managing Partner, to act as its representative for the performance of this Agreement (hereinafter, “Firm Representative”). Firm Representative will have full authority to represent and act on behalf of the FIRM for all purposes under this Agreement.

Firm 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 Firm Representative will constitute notice to FIRM.

2.3 COORDINATION OF SERVICE; CONFORMANCE WITH REQUIREMENTS:

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

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

A. FIRM will perform all Work skillfully, competently and to the highest standards of FIRM’s profession;

B. FIRM shall at all times employ such force, plant, materials, and tools as will be sufficient in the opinion of the CITY to perform the Work within the time limits established, and as provided herein. It is understood and agreed that said tools, equipment, apparatus, facilities, labor, and material shall be furnished and said Work performed and completed as required by the Agreement, and subject to the approval of the CITY’s authorized representative;

C. FIRM will perform all Work in a manner reasonably satisfactory to the CITY;

D. FIRM will comply with all applicable federal, state and local laws and regulations, including the conflict of interest provisions of Government Code Section 1090 and the Political Reform Act (Government Code Section 81000 et seq.). FIRM shall be liable for all violations of such laws and regulations in connection with the Work. If FIRM performs any work knowing it to be contrary to such laws, rules and regulations, FIRM shall be solely responsible for all costs arising therefrom;
75Exhibit 2

5 E. FIRM understands the nature and scope of the Work to be performed under this Agreement as well as any and all schedules of performance;

F. All of FIRM’s employees and agents possess sufficient skill, knowledge, training and experience to perform those services and tasks assigned to them by FIRM; and

G. All of FIRM’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 FIRM will perform, at FIRM’s own cost and expense and without any reimbursement from CITY, any services necessary to correct any errors or omissions caused by FIRM’s failure to comply with the standard of care set forth under this Section or by any like failure on the part of FIRM’s employees, agents, contractors, subcontractors and sub consultants. Such effort by FIRM 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 FIRM or on FIRM’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 FIRM, including but not limited to the representation that FIRM possesses the skills, training, knowledge and experience necessary to perform the Work skillfully, competently and to the highest standards of FIRM’s profession.

2.5 ASSIGNMENT: The skills, training, knowledge and experience of FIRM 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 FIRM or on behalf of FIRM in the performance of this Agreement. In recognition of this interest, FIRM 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 FIRM’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: FIRM has represented to CITY that certain key personnel will perform and coordinate the Work under this Agreement.

Should one or more of such personnel become unavailable, FIRM may substitute other personnel of at least equal competence upon written approval of CITY. In the event that CITY and FIRM cannot agree as to the substitution of key personnel, 76Exhibit 2

6 CITY shall be entitled to terminate this Agreement for cause. As discussed below, any personnel who fail or refuse to perform the Work in a manner acceptable to the CITY, or who are determined by the CITY to be uncooperative, incompetent, a threat to the adequate or timely completion of the Project or a threat to the safety of persons or property, shall be promptly removed from the Project by the FIRM at the request of the CITY.

2.7 CONTROL AND PAYMENT OF SUBORDINATE: The Work will be performed by FIRM or under FIRM’s strict supervision. FIRM will determine the means, methods and details of performing the Work subject to the requirements of this Agreement.

CITY retains FIRM on an independent contractor basis and not as an employee.

FIRM 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 FIRM’s competent and timely performance of the Work contemplated under this Agreement and provided the performance of such services does not result in the unauthorized disclosure of CITY’s confidential or proprietary information. Any additional personnel performing the Work under this Agreement on behalf of FIRM are not employees of CITY and will at all times be under FIRM’s exclusive direction and control. FIRM 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. FIRM 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 FIRM’s officers, employees, agents, contractors, subcontractors or subconsultants are determined by the City Representative to be uncooperative, incompetent, a threat to the adequate or timely performance of the tasks assigned to FIRM, a threat to persons or property, or if any of FIRM’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 FIRM and will not be reassigned to perform any of the Work.

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

77Exhibit 2

7 2.11 INDEPENDENT CONTRACTOR STATUS: The Parties acknowledge, understand and agree that FIRM and all persons retained or employed by FIRM are, and will at all times remain, wholly independent contractors and are not officials, officers, employees, departments or subdivisions of CITY. FIRM will be solely responsible for the negligent acts and/or omissions of its employees, agents, contractors, subcontractors and subconsultants. FIRM and all persons retained or employed by FIRM 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 FIRM under this Agreement or is otherwise expressly conferred by CITY in writing.

III.

INSURANCE

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

FIRM will procure and maintain the following insurance coverage, at its own expense:

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

C. Workers’ Compensation Insurance/ Employer’s Liability Insurance: A policy of workers’ compensation insurance in such amount as will fully comply with the laws of the State of California and which will indemnify, insure and provide legal defense for both FIRM 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 FIRM 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, FIRM will procure and maintain Errors and Omissions Liability Insurance appropriate to FIRM’s profession. Such coverage will have minimum limits of no less than One Million Dollars ($1,000,000.00) per claim.
78Exhibit 2

8 3.2 ADDITIONAL INSURED REQUIREMENTS: The CGL Coverage and the Automobile Liability Insurance will contain an endorsement naming the CITY and CITY’s elected and appointed officials, officers, employees, agents and volunteers as additional insureds.

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

3.4 PRIMACY OF FIRM’S INSURANCE: All policies of insurance provided by FIRM 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 FIRM’s insurance and will not contribute with it.

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

3.6 VERIFICATION OF COVERAGE: FIRM 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, FIRM 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 FIRM’s commencement of any Work. Upon CITY’s written request, FIRM will also provide CITY with certified copies of all required insurance policies and endorsements.

9 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 FIRM or CITY will withhold amounts sufficient to pay premium from FIRM payments. In the alternative, CITY may cancel this Agreement effective upon notice.

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

IV.

INDEMNIFICATION

4.1 The Parties agree that CITY and CITY’s elected and appointed officials, officers, employees, agents and volunteers (hereinafter, the “City Indemnitees”) should, to the fullest extent permitted by law, be protected from any and all loss, injury, damage, claim, lawsuit, cost, expense, attorneys’ fees, litigation costs, or any other cost arising out of or in any way related to the performance o f 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. FIRM acknowledges that CITY would not enter into this Agreement in the absence of FIRM’s commitment to indemnify, defend and protect CITY as set forth herein. Notwithstanding the foregoing, to the extent FIRM’s Work is 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 FIRM. FIRM’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, FIRM 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 FIRM’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 FIRM under this Agreement, any amount due to CITY from FIRM as a result of FIRM’s failure to either pay CITY promptly for any costs associated with FIRM’s obligations to indemnify the City Indemnitees under this Article, or related to FIRM’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 FIRM under this Article will not be limited by the provisions of any workers’ compensation act or similar act. FIRM 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.

80Exhibit 2

10 4.5 FIRM 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 FIRM in the performance of this Agreement. In the event FIRM fails to obtain such indemnity obligations from others as required herein, FIRM agrees to be fully responsible and indemnify, hold harmless and defend CITY and CITY’s elected and appointed officials, officers, employees, agents, and volunteers from and against any and all claims and losses, costs or expenses for any damage due to death or injury to any person and injury to any property resulting from any alleged intentional, reckless, negligent, or otherwise wrongful acts, errors or omissions of FIRM’s subcontractors or any other person or entity involved by, for, with or on behalf of FIRM in the performance of this Agreement. Such costs and expenses shall include reasonable attorneys’ fees incurred by counsel of CITY’s choice.

4.6 In the event that FIRM is named in any proceeding, litigation, or other proceeding based upon its role as CITY's legal counsel or City Prosecutor, which litigation or other proceeding does not allege malpractice, CITY shall indemnify and defend FIRM, including attorneys' fees and experts' costs incurred in connection with such defense.

4.7 CITY does not, and shall not, waive any rights that it may possess against FIRM 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.

4.8 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.

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, FIRM will be compensated only for those services and tasks which have been performed by FIRM up to the effective date of the termination. FIRM 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 FIRM to provide all finished or unfinished Documents and Data, as defined in Section 6.1, below, and other information of any kind prepared by FIRM in connection with the performance of the Work. FIRM 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 81Exhibit 2

11 Agreement for convenience as provided under this Section.

5.2 EVENTS OF DEFAULT; BREACH OF AGREEMENT:

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

B. FIRM 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 FIRM to timely provide CITY or CITY’s employees or agents with any information and/or written reports, documentation or work product which FIRM 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, FIRM may submit a written request for additional time to cure the Event of Default upon a showing th at FIRM 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

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 FIRM to perform any duty, obligation, service or task set forth under this Agreement (or the failure to 82Exhibit 2

12 timely perform or properly perform any such duty, obligation, service or task), an Event of Default on the part of FIRM will include, but will not be limited to the following: (i) FIRM’s refusal or failure to perform any of the services or tasks called for under the Scope of Work; (ii) FIRM’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) FIRM’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 FIRM, whether voluntary of involuntary; (v) FIRM’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 FIRM relating to this Agreement is false, misleading or erroneous in any material respect.

C. CITY will cure any Event of Default asserted by FIRM within forty-five (45) calendar days of FIRM’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 FIRM as provided under Section 1.5, above, will be cured by CITY within five (5) calendar days from the date of FIRM’s Default Notice to CITY.

D. CITY, in its sole and absolute discretion, may also immediately suspend FIRM’s performance under this Agreement pending FIRM’s cure of any Event of Default by giving FIRM written notice of CITY’s intent to suspend FIRM’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, FIRM will be compensated only for those services and tasks which have been rendered by FIRM to the reasonable satisfaction of CITY up to the effective date of the suspension. No actual or asserted breach of this Agreement on the part of CITY will operate to prohibit or otherwise restrict CITY’s ability to suspend this Agreement as provided herein.

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

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

F. The duties and obligations imposed under this Agreement and the rights and remedies available hereunder will be in addition to and not a limitation of any duties, obligations, rights and remedies otherwise imposed or available by law. In addition to any other remedies available to CITY at law 83Exhibit 2

13 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 FIRM, the CITY may immediately terminate this Agreement in whole or in part;

ii. Upon written notice to FIRM, 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 FIRM’s breach of the Agreement or to terminate the Agreement; or

iv. The CITY may exercise any other available and lawful right or remedy.

FIRM 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, FIRM’s sole remedy will be the suspension or termination of this Agreement and/or the recovery of any unpaid sums lawfully owed to FIRM 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 FIRM in the performance of this Agreement and fixed in any tangible medium of expression, 84Exhibit 2

14 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. FIRM will require all subcontractors and subconsultants working on behalf of FIRM 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 FIRM in the performance of this Agreement.

6.2 CONFIDENTIALITY: All data, documents, discussion, or other information developed or received by FIRM or provided for performance of this Agreement are deemed confidential and will not be disclosed by FIRM 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. FIRM 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: FIRM warrants and represents that neither FIRM nor any person who is an officer of, in a managing position with, or has an ownership interest in FIRM 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:

FIRM: CITY:

Dapeer Rosenblit Litvak, LLP
11500 W. Olympic Boulevard,
Suite 550
Attn: William Litvak, Managing Partner
Phone: 310-477-5575
City of Bell Gardens
7100 S. Garfield Avenue
Bell Gardens, CA 90201
Attn: Gustavo J. 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.

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.

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15 6.6 SUBCONTRACTING: FIRM 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 FIRMS: CITY reserves the right to employ other contractors in connection with the various projects worked upon by FIRM.

6.8 PROHIBITED INTERESTS: FIRM warrants, represents and maintains that it has not employed nor retained any company or person, other than a bona fide employee working solely for FIRM, to solicit or secure this Agreement. Further, FIRM 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 FIRM, 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, the venue, without exception, will be in the Los Angeles County Superior Court of the State of California. If, and only if, applicable law requires that all or part of any such litigation be tried exclusively in federal court, the venue, without exception, will be in the Central District of California located in the City of Los Angeles, California.

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

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

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

6.14 CONSTRUCTION OF AGREEMENT: This Agreement will not be construed in favor of, or against, either Party but will be construed as if the Parties prepared this Agreement together through a process of negotiation and with the advice of their 86Exhibit 2

16 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 sig ned 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 FIRM 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 FIRM and without the fault or negligence of FIRM, 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. FIRM 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 FIRM be entitled to recover damages against the CITY for any delay in the performance of this Agreement, however caused, FIRM’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 87Exhibit 2

17 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 FIRM and two original counterparts will be retained by CITY.

(SIGNATURES ON NEXT PAGE)
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18 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

DAPEER ROSENBLIT LITVAK, LLP:

By:_______________________________

Name:____________________________

Title:____________________

Date:_____________________

89Exhibit 2

19 EXHIBIT “A”

CITY RFP

90Exhibit 2

7100 Garfield Avenue • Bell Gardens, CA 90201 • (562) 806-7700 • www.bellgardens.org

REQUEST FOR PROPOSALS

MUNICIPAL CODE VIOLATION PROSECUTION SERVICES

RFP Release Date
Monday, September 9, 2024

Proposal Submittal Deadline
5:00 p.m., Thursday, September 26, 2024

Contact Person:

Gustavo J. Romo
Deputy City Manager/Community Development Director
City of Bell Gardens
7100 Garfield Avenue
Bell Gardens, CA 90201
(562) 806-7700
[email protected]

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TABLE OF CONTENTS .......................................................................................................... 2 I. INTRODUCTION .................................................................................................................. 3 II. SUBMITTAL PROCEDURES/DEADLINE ........................................................................... 4 III. SCHEDULE ........................................................................................................................ 4 IV. TERMS AND CONDITIONS ............................................................................................... 5 V. SCOPE OF SERVICES....................................................................................................... 8 VI. PROPOSAL FORMAT AND CONTENT REQUIREMENTS ............................................... 9 VII. EVALUATION CRITERIA ................................................................................................ 11 SAMPLE PROFESSIONAL SERVICES AGREEMENT ........................................................ 13

TABLE OF CONTENTS
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The City of Bell Gardens (“City”) was incorporated on August 1, 1961, as a general law city, thus, it operates under the Council/Manager form of government. The five (5) City Council members are elected at-large by registered voters in the City for staggered four (4)-year terms and serve as the City’s legislative, policy-making body. The Mayor position is shared among the Council members who select one another as Mayor annually. The City Council holds bi- monthly public meetings. The City Manager is responsible for directing City affairs as prescribed by the City Council. The City has a population of approximately 39,000 in an area of 2.5 square miles located in the southeastern part of Los Angeles County. The City shares a common boundary with the Cities of South Gate, Bell, Downey, and Commerce. The City is considered an integral part of the Los Angeles-Long Beach metropolitan area.

The City’s Community Development Department Code Enforcement Division's goal is to promote and maintain a safe and desirable living and working environment. Our Code Enforcement Division works with the community, public service agencies, and other City departments to ensure compliance with the City's Municipal Code and applicable adopted Los Angeles County codes like the Building Code, among others. The Code Enforcement Division is responsible for the elimination of unhealthy and undesirable conditions in the City by investigating and enforcing code violations in response to complaints and observations of the Code Enforcement staff, referrals from other City Departments, and City Councilmembers.

Compliance is accomplished by cooperation and education of the public, treating all residents with courtesy and respect, and prosecuting all major violators. The Code Enforcement Division has two enforcement programs to manage private property violations: Property Maintenance and Property Rehabilitation. The Los Angeles Superior Court (Downey Branch) is the judicial location for the City. The Downey Branch administers justice for citywide violations of City ordinances.

The City invites qualified attorneys and law firms (“Law Firm(s)”) to submit proposals to provide prosecution services on an as-needed basis. The selected Law Firm would play a pivotal role in efficient resolution and prosecution of cases involving City ordinance violations in keeping with the City’s goals and objectives of the protection of public health, safety, and general welfare. The scope of work, proposal format, submittal guidelines, and evaluation and selection process are described in this Request for Proposal (RFP). It is the intent of the City to select a single Law Firm to provide the services outlined in this RFP.

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

If an agreement is awarded, it will be awarded to the Law Firm that, in the judgment of the City, has presented an optimal balance of relevant experience, cost, 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.

I. INTRODUCTION
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Proposals must be submitted electronically via email to [email protected] and [email protected] no later than 5:00 p.m. on Thursday, September 26, 2024.

Additionally, three (3) hard copy sets of the proposal (two (2) bound, one (1) unbound) shall be received no later than 5:00 p.m. on Thursday, September 26, 2024, by 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 “Bell Gardens Municipal Code Violation Prosecution Services Proposal.” 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 the submittal deadline date are unacceptable and no facsimiles will be accepted.

Please mail or deliver your response in a sealed envelope with “Bell Gardens Municipal Code Violation Prosecution Services Proposal” written below the address label and addressed as follows:

City Clerk’s Office
Attention: Daisy Gomez, City Clerk
Bell Gardens Municipal Code Violation Prosecution Services Proposal 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 Gustavo Romo, Deputy City Manager/Community Development Director, at [email protected]. The deadline for written questions and inquiries is Wednesday, September 18, 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:

SCHEDULE DATE
Release of RFP Monday, September 9, 2024
Deadline for Q&A Written Submittals Wednesday, September 18, 2024 Optional Virtual Meeting Question and Answer Session Thursday, September 19, 2024 Proposal Submission Deadline Thursday, September 26, 2024 Interviews for Qualified Law Firms Week of Monday, October 14, 2024
City Council Recommendation of Award Monday, November 11, 2024

II. SUBMITTAL PROCEDURES/DEADLINE
III. SCHEDULE

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PROFESSIONAL SERVICES AGREEMENT

Upon conclusion of the RFP process, Staff will recommend a Law Firm to the City Council. The successful Law Firm will be required to enter into a Professional Services Agreement with the City. A copy of the City’s Professional Services Agreement is attached and incorporated as Exhibit “A” as a sample for Law Firms to review the terms and conditions prior to submitting a proposal. The proposal process, agreement negotiations and execution, and subsequent actions will be conducted by the City in accordance with applicable law. Law Firms 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 Professional Service Agreement (Exhibit “A”) is not to be completed by Law Firms.

The City will consider entering into an Agreement with the recommended Law Firm. The length of the agreement will be for a three (3)-year term with the option of two (2) one (1)-year extensions.

GENERAL INSTRUCTIONS, TERMS AND CONDITIONS

A. Proposals shall be prepared to simply, and economically, provide a straightforward, concise description of the Law Firm'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 the City’s objectives.

B. Law Firms 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 at the City’s discretion. The submission of a response to this RFP shall be deemed a representation and certification by the Law Firm 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 Law Firm was not fully informed as to any facts or condition.

C. Law Firms 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, Law Firms acknowledge and agree that their proposal and any information contained therein may be disclosed by the City to IV. TERMS AND CONDITIONS

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interested members of the public, including other Law Firms. 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 Law Firm 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. Law Firm 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 agreement discussions; or for anything in any way related to this RFP. The City holds no liability for any costs incurred by a Law Firm in response to this RFP. Whether or not a Law Firm is awarded an Agreement pursuant to this RFP, no Law Firm shall be entitled to reimbursement for any costs or expenses associated with the Law Firm’s participation in this RFP process. 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, with no liability, any Agreement for which funding is not available.

F. The City shall hold no responsibility for any verbal communication between any employee of the City and any Law Firm. 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 agreement.

G. Receipt of an addendum of the RFP by a proposal 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 Law Firm’s authorized representative. The City reserves the right to request proof of authorization to withdraw a proposal. No proposals may be withdrawn after the proposal closing date and each Law Firm 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 Law Firms 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 Law Firm accepts the evaluation process and acknowledges and accepts that determination will require subjective judgments by the City.

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K. Negotiations may be conducted with responsible Law Firms who submit proposals that are reasonably susceptible of being selected. All Law Firms 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 will ultimately result in the award of a single agreement, the City reserves the right to negotiate an agreement with more than one Law Firm.

L. The City expects the highest level of ethical conduct from Law Firms, 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 be based on multiple factors. If an Agreement is awarded, it will be awarded to the Law Firm 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 no agreement can be reached with the highest ranked Law Firm, City reserves the right to terminate negotiations with that party and enter negotiations with the next highest ranked Law Firm.

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:

a. Evidence of collusion, directly or indirectly, among Law Firms in regard to the amount, terms, or conditions of this proposal;
b. Any attempt to improperly influence any member of the selection staff; c. Existence of any lawsuit, unresolved contractual claim or dispute between Law Firm and the City;
d. Evidence of incorrect information submitted as part of the RFP; e. Evidence of Law Firm’s inability to successfully complete the responsibilities and obligations of the proposed scope of work; and
f. Law Firm’s default under any agreement, which results in termination of the Agreement.

P. Acceptance of any proposal is contingent upon the Law Firm’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 Law Firm 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 Gustavo Romo, Deputy City Manager/Director of Community Services by Wednesday, September 18, 2024, 5:00 p.m. Oral explanations or instructions given prior to the 97Exhibit 2

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opening of the offer shall not be binding. The City shall issue any official Addendums in writing or via https://www.bellgardens.org/i-want-to/view-bids-rfps/rfps-and-bids to all Law Firms.

The Scope of Work, as may be modified through negotiation and/or by written addendum, will be made a part of the future Agreement. Please provide brief itemized answers that correspond to each numbered section that clearly describe how your Law Firm would approach the task. The selected Law Firm would be responsible for providing the following services to the City:

The City’s Community Development Department is primarily responsible for code enforcement at the administrative level. Enforcement of the Bell Gardens Municipal Code ensures the continued practice of the City’s zoning, health and safety standards, and the elimination of blight conditions.

The City seeks qualified Law Firm and practitioners to provide the following services, as needed, and in coordination with the appropriate staff.

A. Scope of Services:

a. With City direction, responsible for prosecuting all municipal code violations including notice to appear citations. This includes setting up court dates for the purpose of arrangement or hearing.
b. Investigate and advise staff regarding open code enforcement cases. c. Conduct office conferences and send notices of violation. d. Prepare, file, and prosecute criminal cases (misdemeanor and infractions). e. Prepare, file, and prosecute civil injunction and nuisance abatement cases. f. Consult with Code Enforcement Officers, City Staff, and City Attorney regarding code compliance program and implementation of City’s code enforcement policies.

B. Requirements:

a. In good standing with the California Bar.
b. Have a reputation for reliability, honesty, and integrity; maintain professional liability insurance.
c. Minimum of five (5) years’ experience in prosecuting code enforcement cases. d. Have no conflicts of interests within the meaning of the Political Reform Act, common law conflicts, or Government Code section 1090.
e. Demonstrate a thorough and complete knowledge of the city municipal codes, as well as all state laws pertaining to municipal corporations and charter cities. This includes the Brown Act and the Public Records Act, and California and Federal Constitutional laws applicable to the enforcement of municipal law, including technical codes adopted by the State of California, the Building Code, the Fire Code, the Plumbing Code, the Electrical Code, the Dangerous Buildings Code, and the Housing Code.
f. Experience utilizing civil, administrative, criminal, and less formal remedies to V. SCOPE OF SERVICES

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address the following:
i. Public Nuisances, including lewd conduct, gambling, controlled substances, drug houses.
ii. Dangerous and substandard housing and structures, and abandoned buildings.
iii. Illegal construction.
iv. Illegal use of property.
v. Zoning violations.
vi. License revocation.
vii. Adult oriented business enforcement.
viii. Enforcement of conditional use permit (CUP) conditions. ix. Revocation and modification of CUPs.
x. Cannabis retail use regulation and business regulatory permit enforcement.
xi. Homeless encampments and ancillary issues solutions. g. Experience with:
i. Code Enforcement Program design and management.
ii. Training and staff education programming.
iii. Administrative enforcement and hearings.
iv. Administrative citations and appeals.
v. Mandamus proceedings.
vi. Criminal procedure.
vii. Civil litigation.
viii. Receiverships – general and health and safety code.

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 Law Firm’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 Law Firm from furnishing additional reports, functions, and costs as deemed appropriate.

The proposal must contain the following 15 elements describing how the Law Firm will perform the assignment:

A. Transmittal Letter:

a. A letter of transmittal signed by an individual authorized to bind the Law Firm stating VI. PROPOSAL FORMAT AND CONTENT REQUIREMENTS

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the Law Firm 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 Law Firm’s ability to perform the work requested, a history of the Law Firm’s background, and experience providing services.

b. Conflict of Interest Statement: The Law Firm 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.

c. Legal training and years of practice including date of admittance to the California Bar.

B. Management and Staffing:

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 required work, their title, and types and amount of equivalent experience. Resumes of all proposed personnel must be included. The proposal must indicate who will have primary responsibility for this scope of work.

C. Legal training and years of practice including date of admittance to the California Bar.

D. Years of municipal or other local public sector law practice.

E. Knowledge of and experience with California municipal law, criminal (misdemeanor and infraction) or other relevant public sector experience.

F. Relevant clientele represented and years representing each.

G. Litigation experience with examples.

H. Knowledge and practice of law relating to land use and planning, building code violations, and nuisance abatement.

I. Office location and accessibility to the City.

J. Provide professional references.

a. 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 Law Firm and the key managers and professionals assigned to the project, b) brief description of the project, and c) time period for the project.

K. Scholastic honors publications and professional affiliations.

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L. Cost and Pricing:

a. Law Firm’s Rate Schedule, including hourly or fixed rate for cases. Law Firm’s hourly rates shall not exceed $245 per hour. If the scope of work is substantially modified, the extra cost or credit must be negotiated based on the submitted hourly rates.

b. Law Firm’s total cost to perform the work in its entirety including a breakdown of the costs for any and all reimbursable costs such as travel costs, mailing costs, fax, electronic research, and any other direct or indirect costs associated with performing the required services.

M. 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 Law Firm’s exceptions to the provisions and conditions of the attached City standard professional services contract.

N. Pending Litigation:

a. Include an explanation and status, if in the last five (5) years, the Law Firm or an office or principal of the Law Firm has been involved in any substantiated complaints, litigation, legal proceedings, or investigations by a regulatory authority.

O. 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.”

The award of this Agreement will be made to the most qualified Law Firm 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 Law Firm 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 municipal code violation prosecution; VII. EVALUATION CRITERIA

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• Approach and methodology for achieving the program objective of successful municipal code compliance is accomplished;
• Qualifications and expertise of the proposed team; and • Cost-effectiveness and reasonableness of the proposed budget.

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

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

Proposals failing to provide sufficient information and assurances of performance to adequately assess each category of the required services and/or failing to comply with the requirements and conditions of this RFP may be given no further consideration.

Each Law Firm proposal would be considered along with those of other responding Law Firms, with respect to ability to perform effectively and efficiently those Scope of Services outlined in “Section V. Scope of Services,” 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 Law Firm responding to this RFP. The City expressly reserves the right to postpone reviewing the proposals for its own convenience and to reject any or all proposals responding to this RFP without indicating any reasons for such rejection(s).

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EXHIBIT “A”

SAMPLE PROFESSIONAL SERVICES AGREEMENT

103Exhibit 2

1 2023

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

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

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

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

ENGAGEMENT TERMS

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

1.2 SCOPE OF WORK:

A.Subject to the terms and conditions of this Agreement, CONSULTANT agrees to provide the services and tasks described in that certain Request for Proposals of CITY entitled “INSERT TITLE OF REQUEST FOR PROPOSALS” (hereinafter, “CITY RFP”) and the written proposal of CONSULTANT entitled “INSERT TITLE OF PROPOSAL” (hereinafter, the “CONSULTANT PROPOSAL”) dated INSERT DATE OF PROPOSAL. The CITY RFP and the CONSULTANT PROPOSAL are attached and
incorporated hereto as Exhibit “A” and “B” respectively. The term “Scope of Work” shall be a collective reference to the CITY RFP and the 104Exhibit 2

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

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

1.3 PROSECUTION OF WORK:

A. CONSULTANT shall perform Work continuously and with due diligence so as to complete the Work within the Term of this Agreement;

B. CONSULTANT shall cooperate with CITY and in no manner interfere with the work of CITY, its employees or other consultants, contractors or agents;

C. CONSULTANT shall not claim or be entitled to receive any compensation or damage because of the failure of CONSULTANT, or its subconsultants, to have related services or tasks completed in a timely manner;

D. CONSULTANT shall at all times enforce strict discipline and good order among CONSULTANT’s employees; and

E. CONSULTANT, at its sole expense, shall pay all sales, consumer, use or other similar taxes required by law.

1.4 COMPENSATION: CONSULTANT shall perform the Work in accordance with “INSERT TITLE OF COMPENSATION DOCUMENT” (hereinafter, the “COMPENSATION RATE”). The foregoing notwithstanding, CONSULTANT’s total compensation for the performance of all Work contemplated under this Agreement, will not exceed the total budgeted aggregate sum of INSERT WRITTEN AMOUNT ($INSERT NUMBER) (hereinafter, the “Not-to-Exceed Sum”) during the prosecution of this Agreement, unless such added expenditure is first 105Exhibit 2

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

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

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

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

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

II.

PERFORMANCE OF AGREEMENT

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

CONSULTANT will not accept directions or orders from any person other than the 106Exhibit 2

4 City Representative or their designee.

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

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

2.3 COORDINATION OF SERVICE; CONFORMANCE WITH REQUIREMENTS:

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

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

A. CONSULTANT will perform all Work skillfully, competently and to the highest standards of CONSULTANT’s profession;

B. CONSULTANT shall at all times employ such force, plant, materials, and tools as will be sufficient in the opinion of the CITY to perform the Services within the time limits established, and as provided herein. It is understood and agreed that said tools, equipment, apparatus, facilities, labor, and material shall be furnished and said Services performed and completed as required by the Agreement, and subject to the approval of the CITY’s authorized representative;

C. CONSULTANT will perform all Work in a manner reasonably satisfactory to the CITY;

D. CONSULTANT will comply with all applicable federal, state and local laws and regulations, including the conflict of interest provisions of Government Code Section 1090 and the Political Reform Act (Government Code Section 81000 et seq.). CONSULTANT shall be liable for all violations of such laws and regulations in connection with Services. If CONSULTANT performs any work knowing it to be contrary to such laws, rules and regulations, CONSULTANT shall be solely responsible for all costs arising therefrom;

E. CONSULTANT understands the nature and scope of the Work to be performed under this Agreement as well as any and all schedules of performance;

F. All of CONSULTANT’s employees and agents possess sufficient skill, 107Exhibit 2

5 knowledge, training and experience to perform those services and tasks assigned to them by CONSULTANT; and

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

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

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

2.6 SUBSTITUTION OF KEY PERSONNEL: CONSULTANT has represented to CITY that certain key personnel will perform and coordinate the Services under this Agreement. Should one or more of such personnel become unavailable, CONSULTANT may substitute other personnel of at least equal competence upon written approval of CITY. In the event that CITY and CONSULTANT cannot agree as to the substitution of key personnel, CITY shall be entitled to terminate this Agreement for cause. As discussed below, any personnel who fail 108Exhibit 2

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

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

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

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

2.10 NON-DISCRIMINATION: CONSULTANT represents that it is an equal opportunity employer and it shall not discriminate against any subconsultant, employee or applicant for employment because of race, religion, color, national origin, handicap, ancestry, sex or age. Such non-discrimination shall include, but not be limited to, all activities related to initial employment, upgrading, demotion, transfer, recruitment or recruitment advertising, layoff or termination. 109Exhibit 2

7 2.11 INDEPENDENT CONTRACTOR STATUS: The Parties acknowledge, understand and agree that CONSULTANT and all persons retained or employed by CONSULTANT are, and will at all times remain, wholly independent contractors and are not officials, officers, employees, departments or subdivisions of CITY.

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

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

III.

INSURANCE

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

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

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

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

110Exhibit 2

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

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

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

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

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

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

Accordingly, CONSULTANT warrants, represents and agrees that it will furnish CITY with original certificates of insurance and endorsements evidencing the coverage required under this Article on forms satisfactory to CITY in its sole and absolute discretion. The certificates of insurance and endorsements for each insurance policy will be signed by a person authorized by that insurer to bind coverage on its behalf, and will be on forms provided by the CITY if requested. All certificates of insurance and endorsements will be received and approved by CITY as a condition precedent to CONSULTANT’s commencement of any Work. Upon 111Exhibit 2

9 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.

IV.

INDEMNIFICATION

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 112Exhibit 2

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

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

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

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

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

4.8 [ONLY USE IF FOR DESIGN PROFESSIONALS]WORK OF CONSULTANT’S DESIGN PROFESSIONALS SERVICES: The duty to indemnify, defend and hold harmless as set forth under this subsection shall apply to the negligence, recklessness or willful misconduct of any individual who qualifies as a “design professional” within the meaning of subsection (c)(2) of Section 2782.8 of the California Civil Code in so far as such negligence, recklessness or willful misconduct occurs in the performance, work or activities that must be performed by a “design professional.” Subject to the limitation of the preceding sentence, to the fullest extent permitted by law, CONSULTANT shall immediately defend and indemnify and hold harmless the City Indemnities, defined above, from and against any and all liability, loss, damage, expense, cost (including without limitation 113Exhibit 2

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

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

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

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

4.12 As to the duties to indemnify under Sections 4.1 and 4.2 of this Article, above, CONSULTANT agrees to obtain executed indemnity agreements with provisions 114Exhibit 2

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

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

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

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.

115Exhibit 2

13 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 5.2B and 5.2C, below, or if a cure is not reasonably possible within the applicable cure period, to begin such cure and diligently prosecute such cure to completion. The Event of Default will constitute a breach of this Agreement if the defaulting Party fails to cure the Event of Default within the applicable cure period or any extended cure period allowed under this Agreement.

B. CONSULTANT will cure the Event of Default within the following time periods:

i. Within ten (10) business days of CITY’s issuance of a Default Notice for any failure of CONSULTANT to timely provide CITY or CITY’s employees or agents with any information and/or written reports, documentation or work product which CONSULTANT is obligated to provide to CITY or CITY’s employees or agents under this Agreement.

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

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

In addition to any other failure on the part of CONSULTANT to perform any duty, obligation, service or task set forth under this Agreement (or the failure to timely perform or properly perform any such duty, obligation, service or 116Exhibit 2

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

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

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

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

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

15 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.

VI.

MISCELLANEOUS PROVISIONS

16 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.

CONSULTANT: CITY:

INSERT CONSULTANT NAME

INSERT ADDRESS

Attn: INSERT PERSON OF

CONTACT NAME
Phone: INSERT PHONE NUMBER

City of Bell Gardens
7100 S. Garfield Avenue
Attn: INSERT DEPARTMENT
Phone: 562-806-7700

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 119Exhibit 2

17 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.

6.12 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 120Exhibit 2

18 Agreement inure exclusively to the Parties.

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.

6.19 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 121Exhibit 2

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

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

6.16, above. One fully executed original counterpart will be delivered to CONSULTANT and the remaining two original counterparts will be retained by CITY.

(SIGNATURES ON NEXT PAGE)
122Exhibit 2

20 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:____________________________
Rick Olivarez, City Attorney

CONSULTANT NAME:

By:_______________________________

Name:____________________________

Title:____________________

Date:_____________________

123Exhibit 2

20 EXHIBIT “B”

FIRM PROPOSAL

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CIT Y OF BE LL GARDENS

O F F I C E O F T HE C I T Y M ANAG E R

AG E ND A RE P O RT
I tem 8.

T O:Honorable Mayor and C ity C ouncil Members
F RO M : Michael B. O'Kelly, City Manager
B Y:Paul Camacho, Chief of Police
R igo Barrios, L ieutenant
S UB J E C T:AC C E P TANC E O F T HE C AL I F O RNIA O F F IC E O F T RAF F IC S AF E T Y (O T S ) S T E P G RANT F UND S AND AP P RO VAL O F G RANT AG RE E M E NT NUM B E R P T 25139 D AT E:October 14, 2024
RE C O M M E ND AT IO N:

I t is staff recommendation that the C ity Council adopt the attached Resolution approving Grant A greement Number P T 25139 with the S tate of C alif ornia - Of f ice of Traffic Safety, thereby accepting grant funds and authorizing the Police Department to begin expending these funds toward its Traf f ic Safety Program.

B AC K G RO UND/D IS C US S I O N:

T he State of C alif ornia, Office of Traffic Safety provides opportunities f or local law enforcement agencies to apply for grant funding f rom its S elective Traffic E nf orcement P rogram (S T E P ). T his grant program annually provides funding for programs, training, and equipment items related to education, enforcement, distracted driving, and impaired driving.

T he C ity of B ell Gardens was recently awarded $178,000 from the F Y2024-25 S T E P Grant P rogram. T he Police D epartment has identified a need to fund the purchase of traffic collision enforcement related equipment and traffic reconstruction software, train of f icers in the detection of impaired driving, and conduct various enforcement details to include impaired and distracted driving. Additionally, the P olice Department anticipates seeking C ity C ouncil approval at a future date f or the purchase of a new D UI traffic trailer which will assist as a command post during D UI checkpoints and other related traffic operations.

Upon adoption of the attached Resolution and approval of the Grant A greement, the State of California, Of f ice of Traffic S af ety will begin reimbursing the City f or expenditures related to its Traffic S af ety Program made in accordance with the grant requirements.

C O NC L US I O N:

T his is the eighth consecutive year that the P olice D epartment has been awarded a S T E P Grant from the Office of Traffic Safety. As a result of last year's grant f unding, the Police D epartment was able to create a Traf f ic S af ety Program that resulted in a decrease in overall traffic collisions and was able to assign additional police personnel f or enf orcement operations throughout the City. This new grant funding will allow the Police Department to continue its proactive education and enf orcement program in hopes of further reducing injuring traffic collisions and improving the safety of the citizens.

F I S C AL I M PAC T:
144

T he City will receive $178,000 f rom the State of California, O f f ice of Traf f ic Safety F Y2024-25 S T E P grant program. T his is a reimbursable grant that upon adoption of the attached Resolution and approval of the Grant Agreement, which will be designated for use by the Police D epartment for the purchase of equipment, training, and to pay overtime costs f or education and enf orcement details.

AT TAC HM E NT S :

D escription
Exhibit 1 - Resolution No. 2024-81
Exhibit 2 - O T S Grant Agreement
AP P RO V E D E L E C T RO NI C AL LY B Y:

Michael B . O'K elly, C ity Manager
S tephanie Vasquez, City Attorney and/or Susie A ltamirano, Assistant City Attorney Manuel Carrillo, Director of F inance and Administrative Services 145

RESOLUTION NO. 2024-81

A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF BELL

GARDENS, CALIFORNIA, APPROVING A GRANT AGREEMENT WITH

THE STATE OF CALIFORNIA DEPARTMENT OF TRAFFIC SAFETY
(OTS) GRANT PROGRAM FOR THE CITY’S ACCEPTANCE OF GRANT
FUNDS IN THE AMOUNT OF $178,000

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 One Hundred Seventy- Eight Thousand Dollars ($178,000) from the 2024 State of California, Office of Traffic Safety’s “Selective Traffic Enforcement Program” (STEP); and

WHEREAS, these funds are authorized for expenditures toward traffic enforcement related equipment, training of officers, and traffic enforcement, which includes distracted and impaired driving; and

WHEREAS, the Bell Gardens City Council desires to enter into Grant Agreement Number PT25139 with the State of California – Office of Traffic Safety to accept these funds for equipment, training, and traffic enforcement as part of the Police Department’s Traffic Safety Program; and

WHEREAS, upon execution of Grant Agreement Number PT25139, funds will be appropriated by the City of Bell Gardens for use by the Police Department and will be reimbursed by the State of California, Office of Traffic Safety, 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. Funds in the amount of $178,000 are accepted from the FY2024-25 State of California, Office of Traffic Safety STEP Grant Program and appropriated for use by the Police Department as outlined in the Grant Agreement. Additionally, the City Council approves the Grant Agreement attached to the staff report accompanying this Resolution.

SECTION 3. Subject to all applicable laws, the City Council hereby authorizes the City Manager to execute Grant Agreement Number PT25139 attached to the staff report and any and all documents relating to the resolution and take any action that is consistent with this Resolution.
146Exhibit 1

Resolution No. 2024-81
2 of 3

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

PASSED, APPROVED, AND ADOPTED THIS 14th day of October, 2024.

THE CITY OF BELL GARDENS

________________________________
Gabriela Gomez, Mayor

APPROVED AS TO FORM: ATTEST:

________________________________ ________________________________ Stephanie Vasquez Daisy Gomez
City Attorney City Clerk

147Exhibit 1

Resolution No. 2024-81
3 of 3

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

148Exhibit 1

10/8/2024 9:08:07 AM Page 1 of 17

State of California – Office of Traffic Safety

GRANT AGREEMENT

GRANT NUMBER
PT25139

1. GRANT TITLE
Selective Traffic Enforcement Program (STEP)

2. NAME OF AGENCY 3. Grant Period
Bell Gardens From:

To:
10/01/2024
09/30/2025 4. AGENCY UNIT TO ADMINISTER GRANT
Bell Gardens Police Department

5. GRANT DESCRIPTION
Best practice strategies will be conducted to reduce the number of persons killed and injured in crashes involving alcohol and other primary crash factors. The funded strategies may include impaired driving enforcement, enforcement operations focusing on primary crash factors, distracted driving, night-time seat belt enforcement, special enforcement operations encouraging motorcycle safety, enforcement and public awareness in areas with a high number of bicycle and pedestrian crashes, and educational programs. These strategies are designed to earn media attention thus enhancing the overall deterrent effect.

6. Federal Funds Allocated Under This Agreement Shall Not Exceed: $178,000.00

7. TERMS AND CONDITIONS: The parties agree to comply with the terms and conditions of the following which are by this reference made a part of the Agreement:
 Schedule A – Problem Statement, Goals and Objectives and Method of Procedure  Schedule B – Detailed Budget Estimate and Sub-Budget Estimate (if applicable)  Schedule B-1 – Budget Narrative and Sub-Budget Narrative (if applicable)  Exhibit A – Certifications and Assurances
 Exhibit B* – OTS Grant Program Manual
 Exhibit C – Grant Electronic Management System (GEMS) Access *Items shown with an asterisk (*), are hereby incorporated by reference and made a part of this agreement as if attached hereto.

These documents can be viewed at the OTS home web page under Grants: www.ots.ca.gov .

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 Agreement has been executed by the parties hereto.

8. Approval Signatures
A. GRANT DIRECTOR B. AUTHORIZING OFFICIAL
NAME:

TITLE:

EMAIL:

PHONE:

ADDRESS:

Mitchell Carrillo

Sergeant

[email protected]

(562) 806-7606

7100 Garfield Avenue
Bell Gardens, CA 90201
NAME:

TITLE:

EMAIL:

PHONE:

ADDRESS:

Michael B. O’Kelly

City Manager

[email protected]

(562) 806-7702

7100 Garfield Avenue
Bell Gardens, CA 90201

(Signature) (Date) (Signature) (Date)

C. FISCAL OFFICIAL

D. AUTHORIZING OFFICIAL OF OFFICE OF TRAFFIC SAFETY
NAME:

TITLE:

EMAIL:

PHONE:

ADDRESS:

Manuel Carrillo

Director of Finance

[email protected]

(562) 806-7700

7100 Garfield Avenue
Bell Gardens, CA 90201
NAME:

TITLE:

EMAIL:

PHONE:

ADDRESS:

Barbara Rooney

Director

[email protected]

(916) 509-3030

2208 Kausen Drive, Suite 300
Elk Grove, CA 95758

(Signature) (Date) (Signature) (Date)

149Exhibit 2

10/8/2024 9:08:07 AM Page 2 of 17

10. PROJECTED EXPENDITURES
FUND CFDA ITEM/APPROPRIATION F.Y. CHAPTER STATUTE PROJECTED

EXPENDITURES
402PT-25.1 20.600 0521-0890-101 2023 12/23 BA/23 $9,688.00 164AL-25.1 20.608 0521-0890-101 2023 12/23 BA/23 $28,634.00 402PT-25 20.600 0521-0890-101 2024 22/24 BA/24 $35,312.00 164AL-25 20.608 0521-0890-101 2024 22/24 BA/24 $104,366.00

AGREEMENT
TOTAL $178,000.00

AMOUNT ENCUMBERED BY THIS DOCUMENT
I CERTIFY upon my own personal knowledge that the budgeted funds for the current budget year are available for the period and purpose of the expenditure stated above.
$178,000.00

PRIOR AMOUNT ENCUMBERED FOR THIS

AGREEMENT
$ 0.00
OTS ACCOUNTING OFFICER’S SIGNATURE DATE SIGNED TOTAL AMOUNT ENCUMBERED TO DATE $178,000.00

E. ACCOUNTING OFFICER OF OFFICE OF TRAFFIC SAFETY 9. SAM INFORMATION NAME: Carolyn Vu

SAM #:

REGISTERED
ADDRESS:

CITY:

ZIP+4:

CYNCY81PNHK1

7100 Garfield Avenue
Bell Gardens
90201-3244
ADDRESS: 2208 Kausen Drive, Suite 300

Elk Grove, CA 95758

150Exhibit 2

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State of California – Office of Traffic Safety

GRANT AGREEMENT
Schedule A

GRANT NUMBER
PT25139

1. PROBLEM STATEMENT
The City of Bell Gardens is a city in the Los Angeles metropolitan area. Located in Los Angeles County, the city's population in the 2021 census was 39,870; however, unofficially the estimated population is approximately 62,000. 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.

The Bell Gardens Police Department (BGPD) maintains a traffic division that is currently staffed with one traffic officer and one sergeant due to personnel shortages and increasing budget constraints. The Bell Gardens Police Department traffic division's mission is to identify and resolve 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.

Furthermore, the traffic division’s Crash Reconstruction Team investigates and oversees all in-depth major traffic crash investigations.

Since 2013, the city has seen an increase with traffic crashes that are affecting the traffic safety of the citizens and visitors of the city. In addition, the morning and afternoon school traffic congestion has also caused an increase in traffic crashes in our school zones, making our school routes unsafe for parents and/or students. For example, in 2021 the OTS Crash Rankings showed that Bell Gardens is ranked 11/93 in reference to their composite score regarding crash 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 2023, the Bell Gardens Police Department identified three primary factors contributing to traffic crashes:
improper turning, right-of-way violations, and unsafe speed. Improper turning led to 29 crashes, resulting in 39 injuries. Right-of-way violations caused 39 crashes, which resulted in 57 injuries and one fatality. Unsafe speed was responsible for 19 crashes, leading to 25 injuries. Additionally, alcohol-related incidents accounted for 28 crashes, causing 33 injuries throughout the year. These crash factors represent a significant safety concern for the community, as they result in injuries and fatalities. Addressing these dangerous driving behaviors is essential to reducing the overall number of crashes and ensuring the safety of all road users.

In 2020 OTS awarded the Bell Gardens Police Department an OTS TRIP Grant 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 Intergraded 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 and traffic safety programs with the goal of eliminating the problem (s) and making the roads safer in the City of Bell Gardens.

The City of Bell Gardens and the Bell Gardens Police Department are committed to traffic safety. However, because of reduced staffing and a steady increase in workload, the availability of personnel to conduct proactive traffic enforcement has been reduced substantially within the city. Our target population for enforcement efforts will be DUI drivers and/or those drivers who commit other California vehicle code violations that are contributing to the traffic crashes in the city. Furthermore, the BGPD will utilize overtime and conduct these necessary enforcement activities to improve traffic safety within our community. Besides the enforcement, the BGPD will continue to educate the community throughout the grant by providing: Press Releases, educational handouts at checkpoints, conducting Traffic Safety presentations at our K-12 school system, our city’s neighborhood watch program, and BGPD Bike Rodeo events. These educational 151Exhibit 2

10/8/2024 9:08:07 AM Page 4 of 17

components will continue to allow us to interact and foster our partnership with the different community stakeholders.

Lastly, the mission of the BGPD is to continue to educate and reduce the traffic crashes in the city in order to improve the safety of the citizens. The educational efforts, in conjunction with vital enforcement activities will have a tremendous effect on the community and make our roadways safer. We are looking forward to a successful partnership with the California Office of Traffic Safety as we make our streets safer for all.

The following is a traffic data summary that includes 2023 statistics in comparison to 2021 and 2022:
- 1 fatal crash with 1 victim (1 less than 2022 and the fatalities remained the same in comparison to 2021). - 165 injury crashes with 229 victims (9 more injury crashes and 18 more victims in comparison to 2022 and 99 more crashes and 56 more victims in comparison to 2021). - 29 hit & run injury crashes with 37 victims (2 more injury crashes and 3 more victims in comparison to 2022 and 12 more crashes and 18 more victims in comparison to 2021) - 28 alcohol involved crashes with injuries (the number of crashes and victims remained the same in comparison to 2022 and 14 more crashes and 17 more victims in comparison to 2021). - 21 pedestrians were injured in crashes (1 less victim in comparison to 2022 and 3 less victims in comparison to 2021).
- 17 bicyclists were injured in crashes (5 more victims in comparison to 2022 and 8 more victims in comparison to 2021).

2. PERFORMANCE MEASURES
A. Goals:

1. Reduce the number of persons killed in traffic crashes.

2. Reduce the number of persons injured in traffic crashes.

3. Reduce the number of pedestrians killed in traffic crashes.

4. Reduce the number of pedestrians injured in traffic crashes.

5. Reduce the number of bicyclists killed in traffic crashes.

6. Reduce the number of bicyclists injured in traffic crashes.

7. Reduce the number of persons killed in alcohol-involved crashes.

8. Reduce the number of persons injured in alcohol-involved crashes.

9. Reduce the number of persons killed in drug-involved crashes.

10. Reduce the number of persons injured in drug-involved crashes.

11. Reduce the number of persons killed in alcohol/drug combo-involved crashes.

12. Reduce the number of persons injured in alcohol/drug combo-involved crashes.

13. Reduce the number of motorcyclists killed in traffic crashes.

14. Reduce the number of motorcyclists injured in traffic crashes.

15. Reduce hit & run fatal crashes.

16. Reduce hit & run injury crashes.

17. Reduce nighttime (2100 - 0259 hours) fatal crashes.

18. Reduce nighttime (2100 - 0259 hours) injury crashes.

B. Objectives: Target Number

1. Issue a press release announcing the kick-off of the grant by November 15. The kick-off press releases and media advisories, alerts, and materials must be emailed to the OTS Public Information Officer at [email protected], and copied to your OTS Coordinator, for approval 7 days prior to the issuance date of the release.
1 2. Participate and report data (as required) in the following campaigns; Quarter 1:

National Pedestrian Safety Month, National Walk to School Day, National Teen Driver Safety Week, NHTSA Winter Mobilization; Quarter 3: National Distracted Driving Awareness Month, National Motorcycle Safety Month, National Bicycle Safety Month, National Click it or Ticket Mobilization; Quarter 4: National Speed Prevention Campaigns, NHTSA Summer Mobilization, National Child Passenger Safety Week, and California's Pedestrian Safety Month.
12 3. Develop (by December 31) and/or maintain a “DUI BOLO” program to notify patrol and traffic officers to be on the lookout for identified repeat DUI offenders with a 12 152Exhibit 2

10/8/2024 9:08:07 AM Page 5 of 17

suspended or revoked license as a result of DUI convictions. Updated DUI BOLOs should be distributed to patrol and traffic officers monthly.

4. Send law enforcement personnel to the NHTSA Standardized Field Sobriety Testing (SFST) (minimum 16 hours) POST-certified training. 4 5. Send law enforcement personnel to the NHTSA Advanced Roadside Impaired Driving Enforcement (ARIDE) 16 hour POST-certified training. 4 6. Send law enforcement personnel to the Drug Recognition Expert (DRE) training (classroom and field training must be completed).
2 7. Send law enforcement personnel to the DRE Recertification training. 2

8. Conduct DUI/DL Checkpoints. A minimum of 1 checkpoint should be conducted during the NHTSA Winter Mobilization and 1 during the Summer Mobilization. To enhance the overall deterrent effect and promote high visibility, it is recommended the grantee issue an advance press release and conduct social media activity for each checkpoint. For combination DUI/DL checkpoints, departments should issue press releases that mention DL's will be checked at the DUI/DL checkpoint. Signs for DUI/DL checkpoints should read "DUI/Driver's License Checkpoint Ahead." OTS does not fund or support independent DL checkpoints. Only on an exception basis and with OTS pre-approval will OTS fund checkpoints that begin prior to 1800 hours. When possible, DUI/DL Checkpoint screeners should be DRE- or ARIDE-trained.
6 9. Conduct DUI Saturation Patrol operation(s). 20

10. Conduct Traffic Enforcement operation(s), including but not limited to, primary crash factor violations.
16 11. Conduct highly publicized Distracted Driving enforcement operation(s) targeting drivers using hand held cell phones and texting.
5 12. Conduct highly publicized pedestrian and/or bicycle enforcement operation(s) in areas or during events with a high number of pedestrian and/or bicycle crashes resulting from violations made by pedestrians, bicyclists, and drivers. 6 13. Conduct Traffic Safety educational presentation(s) with an effort to reach community members. Note: Presentation(s) may include topics such as distracted driving, DUI, speed, bicycle and pedestrian safety, seat belts and child passenger safety.
4 14. Participate in highly visible collaborative DUI Enforcement operations. 4

15. Participate in highly visible collaborative Traffic Enforcement operations. 2

3. METHOD OF PROCEDURE
A. Phase 1 – Program Preparation (1st Quarter of Grant Year)  The department will develop operational plans to implement the “best practice” strategies outlined in the objectives section.
 All training needed to implement the program should be conducted in the first quarter.  All grant related purchases needed to implement the program should be made in the first quarter.  In order to develop/maintain the “DUI BOLOs,” research will be conducted to identify the “worst of the worst” repeat DUI offenders with a suspended or revoked license as a result of DUI convictions. The DUI BOLO may include the driver’s name, last known address, DOB, description, current license status, and the number of times suspended or revoked for DUI. DUI BOLOs should be updated and distributed to traffic and patrol officers at least monthly.  Implementation of the STEP grant activities will be accomplished by deploying personnel at high crash locations.

Media Requirements:

Issue a press release approved by the OTS PIO announcing the kick-off of the grant by November 15, but no sooner than October 1. The kick-off release must be approved by the OTS PIO and only distributed after the grant is fully signed and executed. If you are unable to meet the November 15 deadline to issue a kick-off press release, communicate reasons to your OTS grant coordinator and OTS PIO.

B. Phase 2 – Program Operations (Throughout Grant Year)  The department will work to create media opportunities throughout the grant period to call attention to the innovative program strategies and outcomes. 153Exhibit 2

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Media Requirements

The following requirements are for all grant-related activities:
 Send all media advisories, alerts, videos, graphics, artwork, posters, radio/PSA/video scripts, storyboards, digital and/or print educational materials for grant-related activities to the OTS PIO at [email protected] for approval and copy your OTS grant coordinator. Optimum lead time would be 7 days before the scheduled release but at least 3 business days prior to the scheduled release date for review and approval is appreciated.
 Send all Powerpoint presentations, online presentations and trainings for grant-related activities to the OTS PIO at [email protected] for approval and copy your OTS grant coordinator. Certified training courses are EXEMPT from the approval process.
 The OTS PIO is responsible for the approval of the design and content of materials. The agency understands OTS PIO approval is not authorizing approval of budget expenditure or cost. Any cost approvals must come from the OTS grant coordinator.  Pre-approval is not required when using any OTS-supplied template for media advisories, press releases, social media graphics, videos or posts, or any other OTS-supplied educational material.

However, copy the OTS PIO at [email protected] and your OTS grant coordinator when any material is distributed to the media and public, such as a press release, educational material, or link to social media post. The OTS-supplied kick-off press release templates and any kickoff press releases are an exception to this policy and require prior approval before distribution to the media and public.
 If an OTS-supplied template, educational material, social media graphic, post or video is substantially changed, the changes shall be sent to the OTS PIO at [email protected] for approval and copy to your OTS grant coordinator. Optimum lead time would be 7 days prior to the scheduled release date, but at least 3 business days prior to the scheduled release date for review and approval is appreciated.
 Press releases, social media posts and alerts on platforms such as NextDoor and Nixle reporting immediate and time-sensitive grant activities (e.g. enforcement operations, day of event highlights or announcements, event invites) are exempt from the OTS PIO approval process. The OTS PIO and your OTS grant coordinator should still be notified when the grant-related activity is happening (e.g. car seat checks, bicycle rodeos, community presentations, DUI checkpoints, etc.).
 Enforcement activities such as warrant and probation sweeps, court stings, etc. that are embargoed or could impact operations by publicizing in advance are exempt from the PIO approval process. However, announcements and results of activities should still be copied to the OTS PIO at [email protected] and your OTS grant coordinator with embargoed date and time or with “INTERNAL ONLY: DO NOT RELEASE” message in subject line of email.  Any earned or paid media campaigns for TV, radio, digital or social media that are part of a specific grant objective, using OTS grant funds, or designed and developed using contractual services by a subgrantee, requires prior approval. Please send to the OTS PIO at [email protected] for approval and copy your grant coordinator at least 3 business days prior to the scheduled release date.
 Social media posts highlighting state or national traffic safety campaigns (Distracted Driving Month, Motorcycle Safety Awareness Month, etc.), enforcement operations (DUI checkpoints, etc.), or any other grant-related activity such as Bicycle rodeos, presentations, or events, are highly encouraged but do not require prior approval.
 Submit a draft or rough-cut of all digital, printed, recorded or video material (brochures, posters, scripts, artwork, trailer graphics, digital graphics, social posts connected to an earned or paid media campaign grant objective) to the OTS PIO at [email protected] and copy your OTS grant coordinator for approval prior to the production or duplication.  Use the following standard language in all press, media, and printed materials, space permitting :

Funding for this program was provided by a grant from the California Office of Traffic Safety, through the National Highway Traffic Safety Administration.  Space permitting, include the OTS logo on all grant-funded print materials, graphics and paid or earned social media campaign grant objective; consult your OTS grant coordinator for specifics, format-appropriate logos, or if space does not permit the use of the OTS logo. 154Exhibit 2

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 Email the OTS PIO at [email protected] and copy your OTS grant coordinator at least 21 days in advance, or when first confirmed, a short description of any significant grant-related traffic safety event or program, particularly events that are highly publicized beforehand with anticipated media coverage so OTS has sufficient notice to arrange for attendance and/or participation in the event.

If unable to attend, email the OTS PIO and coordinator brief highlights and/or results, including any media coverage (broadcast, digital, print) of event within 7 days following significant grant- related event or program. Media and program highlights are to be reflected in QPRs.  Any press releases, work plans, scripts, storyboards, artwork, graphics, videos or any educational or informational materials that received OTS PIO approval in a prior grant year needs to be resubmitted for approval in the current grant year.  For additional guidance, refer to the OTS Grants Materials Approval Process Guidelines and OTS Grants Media Approval Process FAQs on the OTS website.  Contact the OTS PIO or your OTS grant coordinator for consultation when changes from any of the above requirements might be warranted.

C. Phase 3 – Data Collection & Reporting (Throughout Grant Year)

1. Prepare and submit grant claim invoices (due January 30, April 30, July 30, and October 30)

2. Prepare and submit Quarterly Performance Reports (QPR) (due January 30, April 30, July 30, and October 30)
 Collect and report quarterly, appropriate data that supports the progress of goals and objectives.  Provide a brief list of activity conducted, procurement of grant-funded items, and significant media activities. Include status of grant-funded personnel, status of contracts, challenges, or special accomplishments.
 Provide a brief summary of quarterly accomplishments and explanations for objectives not completed or plans for upcoming activities.
 Collect, analyze and report statistical data relating to the grant goals and objectives.

4. METHOD OF EVALUATION
Using the data compiled during the grant, the Grant Director will complete the “Final Evaluation” section in the fourth/final Quarterly Performance Report (QPR). The Final Evaluation should provide a brief summary of the grant’s accomplishments, challenges and significant activities. This narrative should also include whether goals and objectives were met, exceeded, or an explanation of why objectives were not completed.

5. ADMINISTRATIVE SUPPORT
This program has full administrative support, and every effort will be made to continue the grant activities after grant conclusion.

155Exhibit 2

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State of California – Office of Traffic Safety

GRANT AGREEMENT
Schedule B

GRANT NUMBER
PT25139

FUND NUMBER CATALOG

NUMBER (CFDA)

FUND DESCRIPTION TOTAL AMOUNT
402PT-25 20.600 State and Community Highway
Safety
$45,000.00
164AL-25 20.608 Minimum Penalties for Repeat
Offenders for Driving While
Intoxicated
$133,000.00

COST CATEGORY FUND
NUMBER

UNIT COST OR
RATE

UNITS TOTAL COST TO
GRANT
A. PERSONNEL COSTS

Straight Time
$0.00
Overtime
DUI/DL Checkpoints 164AL-25 $7,000.00 6 $42,000.00
DUI Saturation Patrols 164AL-25 $1,400.00 20 $28,000.00 Collaborative DUI Enforcement 164AL-25 $700.00 4 $2,800.00 Traffic Enforcement 402PT-25 $1,400.00 16 $22,400.00
Distracted Driving 402PT-25 $1,400.00 5 $7,000.00
Pedestrian and Bicycle Enforcement 402PT-25 $1,400.00 6 $8,400.00 Collaborative Traffic Enforcement 402PT-25 $700.00 2 $1,400.00 Traffic Safety Educational Presentations 402PT-25 $600.00 4 $2,400.00 Category Sub-Total $114,400.00
B. TRAVEL EXPENSES
In State Travel 402PT-25 $3,400.00 1 $3,400.00
$0.00
Category Sub-Total $3,400.00
C. CONTRACTUAL SERVICES
$0.00
Category Sub-Total $0.00
D. EQUIPMENT
DUI Trailer 164AL-25 $45,000.00 1 $45,000.00
Category Sub-Total $45,000.00
E. OTHER DIRECT COSTS
DUI Checkpoint Supplies 164AL-25 $2,200.00 1 $2,200.00
Portable Light Tower 164AL-25 $6,500.00 2 $13,000.00
Category Sub-Total $15,200.00
F. INDIRECT COSTS
$0.00
Category Sub-Total $0.00
GRANT TOTAL $178,000.00

156Exhibit 2

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State of California – Office of Traffic Safety

GRANT AGREEMENT
Schedule B-1

GRANT NUMBER
PT25139

BUDGET NARRATIVE

PERSONNEL COSTS
DUI/DL Checkpoints - Overtime for grant funded law enforcement operations conducted by appropriate department personnel.

DUI Saturation Patrols - Overtime for grant funded law enforcement operations conducted by appropriate department personnel.

Collaborative DUI Enforcement - Overtime for grant funded Collaborative DUI Enforcement operations conducted by appropriate department personnel
Traffic Enforcement - Overtime for grant funded law enforcement operations conducted by appropriate department personnel.

Distracted Driving - Overtime for grant funded law enforcement operations conducted by appropriate department personnel.

Pedestrian and Bicycle Enforcement - Overtime for grant funded law enforcement operations conducted by appropriate department personnel.

Collaborative Traffic Enforcement - Overtime for grant funded Collaborative Traffic Enforcement operations conducted by appropriate department personnel
Traffic Safety Educational Presentations - Overtime for grant funded traffic safety educational presentations conducted by appropriate department personnel.

TRAVEL EXPENSES
In State Travel - Costs are included for appropriate staff to attend conferences and training events supporting the grant goals and objectives and/or traffic safety. Local mileage for grant activities and meetings is included. Anticipated travel may include Lifesavers in Long Beach and the OTS Traffic Safety Law Enforcement Forum. All conferences, seminars or training not specifically identified in the Budget Narrative must be approved by OTS. All travel claimed must be at the agency approved rate. Per Diem may not be claimed for meals provided at conferences when registration fees are paid with OTS grant funds.

CONTRACTUAL SERVICES
-

EQUIPMENT
DUI Trailer - Fully equipped trailer to transport DUI checkpoint supplies and to serve as a communication and command post during OTS operations. Costs may include the trailer, sales tax, delivery, installation costs, and other modifications and accessories or other items necessary to make the trailer usable for grant purposes, such as a generator, lighting, paint and graphics. The trailer cannot include any furniture or fixtures not affixed to the trailer.

OTHER DIRECT COSTS
DUI Checkpoint Supplies - On-scene supplies needed to conduct sobriety checkpoints. Costs may include 28" traffic cones, MUTCD compliant traffic signs, MUTCD compliant high visibility vests (maximum of 10), traffic counters (maximum of 2), generator, gas for generators, lighting, reflective banners, electronic flares, PAS Device/Calibration Supplies, heater, propane for heaters, fan, anti-fatigue mats, and canopies.

Additional items may be purchased if approved by OTS. The cost of food and beverages will not be reimbursed. Each item must have a unit cost of less than $5,000 (including tax and shipping).

Portable Light Tower - High intensity light on a telescoping shaft and stabilized platform to illuminate a wide area for greater visibility during night time operations. Costs may include a generator, battery, cart, and accessories.

INDIRECT COSTS
-

STATEMENTS/DISCLAIMERS
There will be no program income generated from this grant.

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Nothing in this “agreement” shall be interpreted as a requirement, formal or informal, that a particular law enforcement officer issue a specified or predetermined number of citations in pursuance of the goals and objectives here under.

The OTS grant funded activities must be separate from the CHP Cannabis Tax Fund Grant Program activities and maintained under separate accounting/tracking/other codes (example: the same DUI checkpoint may not be funded by both the CHP and the OTS).

158Exhibit 2

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State of California – Office of Traffic Safety

GRANT AGREEMENT
Exhibit A

GRANT NUMBER
PT25139

Certifications and Assurances for Fiscal Year 2024 Highway Safety Grants (23 U.S.C. Chapter 4 or Section 1906, Public Law 109-59, as amended by Section 25024, Public Law 117-58)

The officials named on the grant agreement, certify by way of signature on the grant agreement signature page, that the Grantee Agency complies with all applicable Federal statutes, regulations, and directives and State rules, guidelines, policies, and laws in effect with respect to the periods for which it receives grant funding. Applicable provisions include, but are not limited to, the following:

GENERAL REQUIREMENTS
The State will comply with applicable statutes and regulations, including but not limited to:

 23 U.S.C. Chapter 4—Highway Safety Act of 1966, as amended;  Sec. 1906, Public Law 109-59, as amended by Sec. 25024, Public Law 117-58;  23 CFR part 1300—Uniform Procedures for State Highway Safety Grant Programs;  2 CFR part 200—Uniform Administrative Requirements, Cost Principles, and Audit Requirements for Federal Awards;
 2 CFR part 1201—Department of Transportation, Uniform Administrative Requirements, Cost Principles, and Audit Requirements for Federal Awards.

NONDISCRIMINATION
(applies to all subrecipients as well as States)
The State highway safety agency [and its subrecipients] will comply with all Federal statutes and implementing regulations relating to nondiscrimination (“Federal Nondiscrimination Authorities”). These include but ar e not limited to:

 Title VI of the Civil Rights Act of 1964 (42 U.S.C. 2000d et seq., 78 stat. 252), (prohibits discrimination on the basis of race, color, national origin);
 49 CFR part 21 (entitled Non-discrimination in Federally-Assisted Programs of the Department of Transportation—Effectuation of Title VI of the Civil Rights Act of 1964);  28 CFR 50.3 (U.S. Department of Justice Guidelines for Enforcement of Title VI of the Civil Rights Act of 1964);  The Uniform Relocation Assistance and Real Property Acquisition Policies Act of 1970, (42 U.S.C. 4601), (prohibits unfair treatment of persons displaced or whose property has been acquired because of Federal or Federal-aid programs and projects);
 Federal-Aid Highway Act of 1973, (23 U.S.C. 324 et seq.), and Title IX of the Education Amendments of 1972, as amended (20 U.S.C. 1681-1683 and 1685-1686) (prohibit discrimination on the basis of sex);  Section 504 of the Rehabilitation Act of 1973, (29 U.S.C. 794 et seq.), as amended, (prohibits discrimination on the basis of disability) and 49 CFR part 27;  The Age Discrimination Act of 1975, as amended, (42 U.S.C. 6101 et seq.), (prohibits discrimination on the basis of age);
 The Civil Rights Restoration Act of 1987, (Pub. L. 100-209), (broadens scope, coverage, and applicability of Title VI of the Civil Rights Act of 1964, The Age Discrimination Act of 1975 and Section 504 of the Rehabilitation Act of 1973, by expanding the definition of the terms “programs or activities” to include all of the programs or activities of the Federal aid recipients, subrecipients and contractors, whether such programs or activities are Federally- funded or not);
 Titles II and III of the Americans with Disabilities Act (42 U.S.C. 12131-12189) (prohibits discrimination on the basis of disability in the operation of public entities, public and private transportation systems, places of public accommodation, and certain testing) and 49 CFR parts 37 and 38;  Executive Order 12898, Federal Actions to Address Environmental Justice in Minority Populations and Low- Income Populations (preventing discrimination against minority populations by discouraging programs, policies, and activities with disproportionately high and adverse human health or environmental effects on minority and low-income populations);
 Executive Order 13166, Improving Access to Services for Persons with Limited English Proficiency (requiring that recipients of Federal financial assistance provide meaningful access for applicants and beneficiaries who have limited English proficiency (LEP));
 Executive Order 13985, Advancing Racial Equity and Support for Underserved Communities through the Federal Government (advancing equity across the Federal Government); and  Executive Order 13988, Preventing and Combating Discrimination on the Basis of Gender Identity or Sexual Orientation (clarifying that sex discrimination includes discrimination on the grounds of gender identity or sexual orientation).

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The preceding statutory and regulatory cites hereinafter are referred to as the “Acts” and “Regula tions,” respectively.

GENERAL ASSURANCES

In accordance with the Acts, the Regulations, and other pertinent directives, circulars, policy, memoranda, and/or guidance, the Recipient hereby gives assurance that it will promptly take any measures necessary t o ensure that:

“No person in the United States shall, on the grounds of race, color, or national origin, be excluded from participation in, be denied the benefits of, or be otherwise subjected to discrimination under any program or activity, for which the Recipient receives Federal financial assistance from DOT, including NHTSA.”

The Civil Rights Restoration Act of 1987 clarified the original intent of Congress, with respect to Title VI of the Civil Rig hts Act of 1964 and other non-discrimination requirements (the Age Discrimination Act of 1975, and Section 504 of the Rehabilitation Act of 1973), by restoring the broad, institutional-wide scope and coverage of these nondiscrimination statutes and requirements to include all programs and activities of the Recipient, so long as any portion of the program is Federally assisted.

SPECIFIC ASSURANCES
More specifically, and without limiting the above general Assurance, the Recipient agrees with and gives the following Assurances with respect to its Federally assisted Highway Safety Grant Program:

1. The Recipient agrees that each “activity,” “facility,” or “program,” as defined in 49 CFR part 21 will be (with regard to an “activity”) facilitated, or will be (with regard to a “facility”) operated, or will be (with regard to a “program”) conducted in compliance with all requirements imposed by, or pursuant to the Acts and the Regulations.

2. The Recipient will insert the following notification in all solicitations for bids, Requests For Proposals for work, or material subject to the Acts and the Regulations made in connection with all Highway Safety Grant Programs and, in adapted form, in all proposals for negotiated agreements regardless of funding source:
“The [name of Recipient], in accordance with the provisions of Title VI of the Civil Rights Act of 1964 (78 Stat. 252, 42 U.S.C 2000d to 2000d-4) and the Regulations, hereby notifies all bidders that it will affirmatively ensure that in any contract entered into pursuant to this advertisement, disadvantaged business enterprises will be afforded full and fair opportunity to submit bids in response to this invitation and will not be discriminated against on the grounds of race, color, or national origin in consideration for an award.”

3. The Recipient will insert the clauses of appendix A and E of this Assurance (also referred in every contract or agreement subject to the Acts and the Regulations.

4. The Recipient will insert the clauses of appendix B of DOT Order 1050.2A, as a covenant running with the land, in any deed from the United States effecting or recording a transfer of real property, structures, use, or improvements thereon or interest therein to a Recipient.

5. That where the Recipient receives Federal financial assistance to construct a facility, or part of a facility, the Assurance will extend to the entire facility and facilities operated in connection therewith.

6. That where the Recipient receives Federal financial assistance in the form of, or for the acquisition of, real property or an interest in real property, the Assurance will extend to rights to space on, over, or under such property.

7. That the Recipient will include the clauses set forth in appendix C and appendix D of this DOT Order 1050.2A, as a covenant running with the land, in any future deeds, leases, licenses, permits, or similar instruments entered into by the Recipient with other parties:
a. for the subsequent transfer of real property acquired or improved under the applicable activity, project, or program; and
b. for the construction or use of, or access to, space on, over, or under real property acquired or improved under the applicable activity, project, or program.

8. That this Assurance obligates the Recipient for the period during which Federal financial assistance is extended to the program, except where the Federal financial assistance is to provide, or is in the form of, personal property, or real property, or interest therein, or structures or improvements thereon, in which case the Assurance obligates the Recipient, or any transferee for the longer of the following periods:
a. the period during which the property is used for a purpose for which the Federal financial assistance is extended, or for another purpose involving the provision of similar services or benefits; or b. the period during which the Recipient retains ownership or possession of the property.

9. The Recipient will provide for such methods of administration for the program as are found by the Secretary of Transportation or the official to whom he/she delegates specific authority to give reasonable guarantee that it, other recipients, sub-recipients, sub- grantees, contractors, subcontractors, consultants, transferees, successors in interest, and other participants of Federal financial assistance under such program will comply with all requirements imposed or pursuant to the Acts, the Regulations, and this Assurance.

10. The Recipient agrees that the United States has a right to seek judicial enforcement with regard to any matter arising under the Acts, the Regulations, and this Assurance. 160Exhibit 2

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By signing this ASSURANCE, the State highway safety agency also agrees to comply (and require any sub -recipients, sub-grantees, contractors, successors, transferees, and/or assignees to comply) with all applicable provisions governing NHTSA's access to records, accounts, documents, information, facilities, and staff. You also recognize that you must comply with any program or compliance reviews, and/or complaint investigation s conducted by NHTSA. You must keep records, reports, and submit the material for review upon request to NHTSA, or its designee in a timely, complete, and accurate way. Additionally, you must comply with all other reporting, data collection, and evaluation requirements, as prescribed by law or detailed in program guidance.

The State highway safety agency gives this ASSURANCE in consideration of and for obtaining any Federal grants, loans, contracts, agreements, property, and/or discounts, or other Federal-aid and Federal financial assistance extended after the date hereof to the recipients by the U.S. Department of Transportation under the Highway Safety Grant Program. This ASSURANCE is binding on the State highway safety agency, other recipients, sub -recipients, sub-grantees, contractors, subcontractors and their subcontractors', transferees, successors in interest, and any other participants in the Highway Safety Grant Program. The person(s) signing below is/are authorized to sign this ASSURANCE on behalf of the Recipient.

THE DRUG-FREE WORKPLACE ACT OF 1988 (41 U.S.C. 8103)
The Subgrantee will provide a drug-free workplace by:
a. Publishing a statement notifying employees that the unlawful manufacture, distribution, dispensing, possession or use of a controlled substance is prohibited in the grantee's workplace, and specifying the actions that will be taken against employees for violation of such prohibition; b. Establishing a drug-free awareness program to inform employees about:

1. The dangers of drug abuse in the workplace;

2. The grantee's policy of maintaining a drug-free workplace;

3. Any available drug counseling, rehabilitation, and employee assistance programs;

4. The penalties that may be imposed upon employees for drug violations occurring in the workplace;

5. Making it a requirement that each employee engaged in the performance of the grant be given a copy of the statement required by paragraph (a);
c. Notifying the employee in the statement required by paragraph (a) that, as a condition of employment under the grant, the employee will—

1. Abide by the terms of the statement;

2. Notify the employer of any criminal drug statute conviction for a violation occurring in the workplace no later than five days after such conviction; d. Notifying the agency within ten days after receiving notice under subparagraph (c)(2) from an employee or otherwise receiving actual notice of such conviction;
e. Taking one of the following actions, within 30 days of receiving notice under subparagraph (c)(2), with respect to any employee who is so convicted—

1. Taking appropriate personnel action against such an employee, up to and including termination;

2. Requiring such employee to participate satisfactorily in a drug abuse assistance or rehabilitation program approved for such purposes by a Federal, State, or local health, law enforcement, or other appropriate agency;
f. Making a good faith effort to continue to maintain a drug-free workplace through implementation of all of the paragraphs above.

POLITICAL ACTIVITY (HATCH ACT)
(applies to all subrecipients as well as States)
The State will comply with provisions of the Hatch Act (5 U.S.C. 1501-1508), which limits the political activities of employees whose principal employment activities are funded in whole or in part with Federal funds.

CERTIFICATION REGARDING FEDERAL LOBBYING
(applies to all subrecipients as well as States)

CERTIFICATION FOR CONTRACTS, GRANTS, LOANS, AND COOPERATIVE AGREEMENTS

The undersigned certifies, to the best of his or her knowledge and belief, that:

1. No Federal appropriated funds have been paid or will be paid, by or on behalf of the undersigned, to any person for influencing or attempting to influence an officer or employee of any agency, a Member of Congress, an officer or employee of Congress, or an employee of a Member of Congress in connection with the awarding of any Federal contract, the making of any Federal grant, the making of any Federal loan, the entering into of any cooperative agreement, and the extension, continuation, renewal, amendment, or modification of any Federal contract, grant, loan, or cooperative agreement; 161Exhibit 2

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

3. The undersigned shall require that the language of this certification be included in the award documents for all sub-awards at all tiers (including subcontracts, subgrants, and contracts under grant, loans, and cooperative agreements) and that all subrecipients shall certify and disclose accordingly.

This certification is a material representation of fact upon which reliance was placed when this transaction was made or entered into. Submission of this certification is a prerequisite for making or entering into this transaction imposed by section 1352, title 31, U.S. Code. Any person who fails to file the required certification shall be subject to a civil penalty of not less than $10,000 and not more than $100,000 for each such failure.

RESTRICTION ON STATE LOBBYING
(applies to subrecipients as well as States)

None of the funds under this program will be used for any activity specifically designed to urge or influence a State or loca l 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 with NHTSA funds from engaging in direct communications with State or local legislative officials, in accordance with customary State practice, even if such communications urge legislative officials to favor or oppose the adoption of a specific pending legislative proposal.

CERTIFICATION REGARDING DEBARMENT AND SUSPENSION
(applies to all subrecipients as well as States)

INSTRUCTIONS FOR PRIMARY TIER PARTICIPANT CERTIFICATION (STATES)

1. By signing and submitting this proposal, the prospective primary tier participant is providing the certification set out below and agrees to comply with the requirements of 2 CFR parts 180 and 1200.

2. The inability of a person to provide the certification required below will not necessarily result in denial of participation in this covered transaction. The prospective primary tier participant shall submit an explanation of why it cannot provide the certification set out below. The certification or explanation will be considered in connection with the department or agency's determination whether to enter into this transaction. However, failure of the prospective primary tier participant to furnish a certification or an explanation shall disqualify such person from participation in this transaction.

3. The certification in this clause is a material representation of fact upon which reliance was placed when the department or agency determined to enter into this transaction. If it is later determined that the prospective primary tier participant knowingly rendered an erroneous certification, in addition to other remedies available to the Federal Government, the department or agency may terminate this transaction for cause or default or may pursue suspension or debarment.

4. The prospective primary tier participant shall provide immediate written notice to the department or agency to which this proposal is submitted if at any time the prospective primary tier participant learns its certification was erroneous when submitted or has become erroneous by reason of changed circumstances.

5. The terms covered transaction, civil judgment, debarment, suspension, ineligible, participant, person, principal, and voluntarily excluded, as used in this clause, are defined in 2 CFR parts 180 and 1200. You may contact the department or agency to which this proposal is being submitted for assistance in obtaining a copy of those regulations.

6. The prospective primary tier participant agrees by submitting this proposal that, should the proposed covered transaction be entered into, it shall not knowingly enter into any lower tier covered transaction with a person who is proposed for debarment under 48 CFR part 9, subpart 9.4, debarred, suspended, declared ineligible, or voluntarily excluded from participation in this covered transaction, unless authorized by the department or agency entering into this transaction.

7. The prospective primary tier participant further agrees by submitting this proposal that it will include the clause titled “Instructions for Lower Tier Participant Certification” including the “Certification Regarding Debarment, Suspension, Ineligibility and Voluntary Exclusion—Lower Tier Covered Transaction,” provided by the department or agency entering into this covered transaction, without modification, in all lower tier covered transactions and in all solicitations for lower tier covered transactions and will require lower tier participants to comply with 2 CFR parts 180 and 1200.

8. A participant in a covered transaction may rely upon a certification of a prospective part icipant in a lower tier covered transaction that it is not proposed for debarment under 48 CFR part 9, subpart 9.4, debarred, suspended, ineligible, or voluntarily excluded from the covered transaction, unless it knows that the certification is erroneous. A participant is responsible for ensuring that its principals are not suspended, debarred, or 162Exhibit 2

10/8/2024 9:08:07 AM Page 15 of 17

otherwise ineligible to participate in covered transactions. To verify the eligibility of its principals, as well as the eligibility of any prospective lower tier participants, each participant may, but is not required to, check the System for Award Management Exclusions website
( https://www.sam.gov/) .

9. Nothing contained in the foregoing shall be construed to require establishment of a system of records in order to render in good faith the certification required by this clause. The knowledge and information of a participant is not required to exceed that which is normally possessed by a prudent person in the ordinary course of business dealings.

10. Except for transactions authorized under paragraph 6 of these instructions, if a participant in a covered transaction knowingly enters into a lower tier covered transaction with a person who is proposed for debarment under 48 CFR part 9, subpart 9.4, suspended, debarred, ineligible, or voluntarily excluded from participation in this transaction, in addition to other remedies available to the Federal Government, the department or agency may terminate the transaction for cause or default.

CERTIFICATION REGARDING DEBARMENT, SUSPENSION, AND OTHER RESPONSIBILITY MATTERS—

PRIMARY TIER COVERED TRANSACTIONS

1. The prospective primary tier participant certifies to the best of its knowledge and belief, that it and its principals:
a. Are not presently debarred, suspended, proposed for debarment, declared ineligible, or voluntarily excluded from participating in covered transactions by any Federal department or agency; b. Have not within a three-year period preceding this proposal been convicted of or had a civil judgment rendered against them for commission of fraud or a criminal offense in connection with obtaining, attempting to obtain, or performing a public (Federal, State, or local) transaction or contract under a public transaction; violation of Federal or State antitrust statutes or commission of embezzlement, theft, forgery, bribery, falsification or destruction of records, making false statements, or receiving stolen property;
c. Are not presently indicted for or otherwise criminally or civilly charged by a governmental entity (Federal, State, or local) with commission of any of the offenses enumerated in paragraph (1)(b) of this certification; and
d. Have not within a three-year period preceding this application/proposal had one or more public transactions (Federal, State, or local) terminated for cause or default.

2. Where the prospective primary tier participant is unable to certify to any of the Statements in this certification, such prospective participant shall attach an explanation to this proposal.

INSTRUCTIONS FOR LOWER TIER PARTICIPANT CERTIFICATION

1. By signing and submitting this proposal, the prospective lower tier participant is providing the certification set out below and agrees to comply with the requirements of 2 CFR parts 180 and 1200.

2. The certification in this clause is a material representation of fact upon which reliance was placed when this transaction was entered into. If it is later determined that the prospective lower tier participant knowingly rendered an erroneous certification, in addition to other remedies available to the Federal Government, the department or agency with which this transaction originated may pursue available remedies, including suspension or debarment.

3. The prospective lower tier participant shall provide immediate written notice to the person to which this proposal is submitted if at any time the prospective lower tier participant learns that its certification was erroneous when submitted or has become erroneous by reason of changed circumstances.

4. The terms covered transaction, civil judgment, debarment, suspension, ineligible, participant, person, principal, and voluntarily excluded, as used in this clause, are defined in 2 CFR parts 180 and 1200. You may contact the person to whom this proposal is submitted for assistance in obtaining a copy of those regulations.

5. The prospective lower tier participant agrees by submitting this proposal that, should the proposed covered transaction be entered into, it shall not knowingly enter into any lower tier covered transaction with a person who is proposed for debarment under 48 CFR part 9, subpart 9.4, debarred, suspended, declared ineligible, or voluntarily excluded from participation in this covered transaction, unless authorized by the department or agency with which this transaction originated.

6. The prospective lower tier participant further agrees by submitting this proposal that it will include the clause titled “Instructions for Lower Tier Participant Certification” including the “Certification Regarding Debarment, Suspension, Ineligibility and Voluntary Exclusion—Lower Tier Covered Transaction,” without modification, in all lower tier covered transactions and in all solicitations for lower tier covered transactions and will require lower tier participants to comply with 2 CFR parts 180 and 1200.

7. A participant in a covered transaction may rely upon a certification of a prospective participant in a lower tier covered transaction that it is not proposed for debarment under 48 CFR part 9, subpart 9.4, debarred, suspended, ineligible, or voluntarily excluded from the covered transaction, unless it knows that the certification is erroneous. A participant is responsible for ensuring that its principals are not suspended, debarred , or 163Exhibit 2

10/8/2024 9:08:07 AM Page 16 of 17

8. Nothing contained in the foregoing shall be construed to require establishment of a system of records in order to render in good faith the certification required by this clause. The knowledge and information of a participant is not required to exceed that which is normally possessed by a prudent person in the ordinary course of business dealings.

9. Except for transactions authorized under paragraph 5 of these instructions, if a participant in a covered transaction knowingly enters into a lower tier covered transaction with a person who is proposed for debarment under 48 CFR part 9, subpart 9.4, suspended, debarred, ineligible, or voluntarily excluded from participation in this transaction, in addition to other remedies available to the Federal Government, the department or agency with which this transaction originated may pursue available remedies, including suspension or debarment.

CERTIFICATION REGARDING DEBARMENT, SUSPENSION, INELIGIBILITY AND VOLUNTARY EXCLUSION —

LOWER TIER COVERED TRANSACTIONS

1. The prospective lower tier participant certifies, by submission of this proposal, that neither it nor its principals is presently debarred, suspended, proposed for debarment, declared ineligible, or voluntarily excluded from participating in covered transactions by any Federal department or agency.

2. Where the prospective lower tier participant is unable to certify to any of the statements in this certification, such prospective participant shall attach an explanation to this proposal.

BUY AMERICA
(applies to subrecipients as well as States)

The State and each subrecipient will comply with the Buy America requirement (23 U.S.C. 313) when purchasing items using Federal funds. Buy America requires a State, or subrecipient, to purchase with Federal funds only steel, iron and manufactured products produced in the United States, unless the Secretary of Transportation determines that such domestically produced items would be inconsistent with the public interest, that such materials are not reasonably available and of a satisfactory quality, or that inclusion of domestic materials will increase the cost of the overall project contract by more than 25 percent. In order to use Federal funds to purchase foreign produced items, the State must submit a waiver request that provides an adequate basis and justification for approval by the Secretar y of Transportation.

CERTIFICATION ON CONFLICT OF INTEREST
(applies to subrecipients as well as States)

GENERAL REQUIREMENTS

No employee, officer, or agent of a State or its subrecipient who is authorized in an official capacity to negotiate, make, accept, or approve, or to take part in negotiating, making, accepting, or approving any subaward, including contracts or subcontracts, in connection with this grant shall have, directly or indirectly, any financial or personal interest in any suc h subaward. Such a financial or personal interest would arise when the employee, officer, or agent, any member of his or her immediate family, his or her partner, or an organization which employs or is about to employ any of the parties indicated herein, has a financial or personal interest in or a tangible personal benefit from an entity considered for a subaward. Based on this policy:

1. The recipient shall maintain a written code or standards of conduct that provide for disciplinary actions to be applied for violations of such standards by officers, employees, or agents. a. The code or standards shall provide that the recipient's officers, employees, or agents may neither solicit nor accept gratuities, favors, or anything of monetary value from present or potential subawardees, including contractors or parties to subcontracts. b. The code or standards shall establish penalties, sanctions, or other disciplinary actions for violations, as permitted by State or local law or regulations.

2. The recipient shall maintain responsibility to enforce the requirements of the written code or standards of conduct.

164Exhibit 2

10/8/2024 9:08:07 AM Page 17 of 17

DISCLOSURE REQUIREMENTS

No State or its subrecipient, including its officers, employees, or agents, shall perform or continue to perform under a grant or cooperative agreement, whose objectivity may be impaired because of any related past, present, or currently planned interest, financial or otherwise, in organizations regulated by NHTSA or in organizations whose interests may be substantially affected by NHTSA activities. Based on this policy:

1. The recipient shall disclose any conflict of interest identified as soon as reasonably possible, making an immediate and full disclosure in writing to NHTSA. The disclosure shall include a description of the action which the recipient has taken or proposes to take to avoid or mitigate such conflict.

2. NHTSA will review the disclosure and may require additional relevant information from the recipient. If a conflict of interest is found to exist, NHTSA may (a) terminate the award, or (b) determine that it is otherwise in the best interest of NHTSA to continue the award and include appropriate provisions to mitigate or avoid such conflict.

3. Conflicts of interest that require disclosure include all past, present, or currently planned organizational, financial, contractual, or other interest(s) with an organization regulated by NHTSA or with an organization whose interests may be substantially affected by NHTSA activities, and which are related to this award. The interest(s) that require disclosure include those of any recipient, affiliate, proposed consultant, proposed subcontractor, and key personnel of any of the above. Past interest shall be limited to within one year of the date of award. Key personnel shall include any person owning more than a 20 percent interest in a recipient, and the officers, employees or agents of a recipient who are responsible for making a decision or taking an action under an award where the decision or action can have an economic or other impact on the interests of a regulated or affected organization.

PROHIBITION ON USING GRANT FUNDS TO CHECK FOR HELMET USAGE (applies to all subrecipients as well as States)
The State and each subrecipient will not use 23 U.S.C. Chapter 4 grant funds for programs to check helmet usage or to create checkpoints that specifically target motorcyclists.

POLICY ON SEAT BELT USE
In accordance with Executive Order 13043, Increasing Seat Belt Use in the United States, dated April 16, 1997, the Grantee is encouraged to adopt and enforce on-the-job seat belt use policies and programs for its employees when operating company-owned, rented, or personally-owned vehicles. The National Highway Traffic Safety Administration (NHTSA) is responsible for providing leadership and guidance in support of this Presidential initiative. For information and resources on traffic safety programs and policies for employers, please contact the Network of Employers for Traffic Safety (NETS), a public-private partnership dedicated to improving the traffic safety practices of employers and employees. You can download information on seat belt programs, costs of motor vehicle crashes to employers, and other traffic safety initiatives at www.trafficsafety.org . The NHTSA website ( www.nhtsa.gov) also provides information on statistics, campaigns, and program evaluations and references.

POLICY ON BANNING TEXT MESSAGING WHILE DRIVING
In accordance with Executive Order 13513, Federal Leadership On Reducing Text Messaging While Driving, and DOT Order 3902.10, Text Messaging While Driving, States are encouraged to adopt and enforce workplace safety policies to decrease crashes caused by distracted driving, including policies to ban text messaging while driving company- owned or rented vehicles, Government-owned, leased or rented vehicles, or privately-owned vehicles when on official Government business or when performing any work on or behalf of the Government. States are also encouraged to conduct workplace safety initiatives in a manner commensurate with the size of the business, such as establishment of new rules and programs or re-evaluation of existing programs to prohibit text messaging while driving, and education, awareness, and other outreach to employees about the safety risks associated with texting while driving.

165Exhibit 2

CIT Y OF BE LL GARDENS

O F F I C E O F T HE C I T Y M ANAG E R

AG E ND A RE P O RT
I tem 9.

T O:Honorable Mayor and C ity C ouncil Members
F RO M : Michael B. O'Kelly, City Manager
B Y:Bernardo I niguez, D irector of P ublic Works/F acilities S UB J E C T:RE S O L UT I O N AP P RO V I NG A T HI RD AM E ND M E NT T O C O NT RAC T S E RV IC E S AG RE E M E NT WI T H G RE E NT E C H L AND S C AP E M AINT E NANC E , I NC. T O E X T E ND

T HE T E RM F O R S IX AD D IT IO NAL M O NT HS
D AT E:October 14, 2024
RE C O M M E ND AT IO N:

I t is staff’s recommendation that the City Council adopt the attached Resolution authorizing the C ity Manager to execute the T hird A mendment with Greentech L andscape, I nc.

B AC K G RO UND/D IS C US S I O N:

T he C ity Council awarded a three-year agreement to Greentech L andscape, I nc. (“Greentech”) on October 28, 2019, which included an option to renew for two (2) additional years. On J uly 11, 2022, the City C ouncil approved the F irst Amendment to the agreement, which modif ied the compensation, and on December 15, 2023, the City C ouncil approved the S econd Amendment, which extended the term through October 28, 2024.

Public Works is in the process of finalizing a R equest for P roposals for C itywide L andscape Maintenance S ervices (R F P), which is anticipated to be released later this month.

C O NC L US I O N:

Approving the T hird Amendment would extend the Greentech agreement term f or six additional months, which will allow staff to complete the process f or a competitive landscape maintenance services procurement without interruptions in landscape maintenance services.

F I S C AL I M PAC T:

F unding for landscape contract maintenance services is available in the F Y 2024/25 budget.

AT TAC HM E NT S :

D escription
Exhibit 1 - Resolution No. 2024-83
Exhibit 2 - Agreement with E xhibits
AP P RO V E D E L E C T RO NI C AL LY B Y:

Michael B . O'K elly, C ity Manager
S tephanie Vasquez, City Attorney and/or Susie A ltamirano, Assistant City Attorney Manuel Carrillo, Director of F inance and Administrative Services 166

RESOLUTION NO. 2024-83

A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF BELL

GARDENS, CALIFORNIA, APPROVING A THIRD AMENDMENT TO

THE CONTRACT SERVICES AGREEMENT BY AND BETWEEN THE
CITY OF BELL GARDENS AND GREENTECH LANDSCAPE, INC. FOR

PUBLIC WORKS LANDSCAPE MAINTENANCE

WHEREAS, on October 28, 2019, the City of Bell Gardens (“City”) and Greentech Landscape, Inc. (“Contractor”) executed and entered into an Agreement for Public Works landscape maintenance services; and

WHEREAS, on July 11, 2022, the Agreement was revised by way of a First Amendment to revise the compensation of the Agreement; and

WHEREAS, on December 15, 2023, the Agreement was further amended by way of a Second Amendment to extend the term of the Agreement; and

WHEREAS, the Agreement is set to expire on October 28, 2024; and

WHEREAS, the City and Contractor are in agreement to modify the Agreement to extend the Term of the Agreement to allow the City to undergo a rigorous Request for Proposals process.

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

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

SECTION 2. Based upon the above recitals, the staff report accompanying this Resolution, and such other oral and written evidence, the Bell Gardens City Council hereby approves a Third Amendment to the Contract Services Agreement with Greentech Landscape, Inc., which is attached to the staff report as Exhibit 2.

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

167Exhibit 1

Resolution No. 2024-83

2 of 3

PASSED, APPROVED, and ADOPTED this 14th day of October, 2024.

THE CITY OF BELL GARDENS

Gabriela Gomez, Mayor

APPROVED AS TO FORM: ATTEST:

Stephanie Vasquez Daisy Gomez
City Attorney City Clerk

[Signatures on the following page]
168Exhibit 1

3 of 3

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:

169Exhibit 1

1 2024

THIRD AMENDMENT TO CONTRACT SERVICES AGREEMENT
(Engagement: Public Works Landscape Maintenance)
(Contractor: Greentech Landscape, Inc.)

THIS THIRD AMENDMENT (hereinafter, “Third Amendment”) to that certain agreement entitled “Contract Agreement for Public Works Landscape Maintenance in the City of Bell Gardens” and dated October 28, 2019 (hereinafter, the “Master Agreement”), is hereby made and entered into this ____ day of ____________, 2024 (hereinafter, “Effective Date”) by and between the CITY OF BELL GARDENS, a municipal corporation (hereinafter, “CITY”) and GREENTECH LANDSCAPE, INC. (hereinafter, “CONTRACTOR”). For purposes of this Third Amendment, the capitalized term “Parties” shall be a collective reference to both CITY and CONTRACTOR. The capitalized term “Party” may refer to either CITY or CONTRACTOR, interchangeably as appropriate.

RECITALS

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

WHEREAS, on October 28, 2019, the Parties executed and entered into the Master Agreement for Public Works landscape maintenance services; and

WHEREAS, on July 11, 2022, the Master Agreement was revised by way of a first amendment to revise the compensation of the Master Agreement (hereinafter, “First Amendment”); and

WHEREAS, on December 15, 2023, the Master Agreement was further amended by way of a second amendment (hereinafter, the “Second Amendment”) to extend the term of the Master Agreement; and

WHEREAS, for purposes of this Third Amendment, the Master Agreement, as amended by way of the Second Amendment and First Amendment, may be referred to collectively as the “Master Agreement”. The Master Agreement is attached and incorporated hereto as Exhibit “A”; and

WHEREAS, the Agreement is set to expire on October 28, 2024; and

WHEREAS, the CITY wishes to modify the Master Agreement to extend the Term of the Master Agreement to allow the City to undergo a rigorous Request for Proposals process; and

WHEREAS, CONTRACTOR has agreed to a six (6) month extension as stated in his September 26, 2024 correspondence which is attached and incorporated hereto, as Exhibit “B” (hereinafter, “2024 CONTRACTOR EXTENSION”) to allow CITY to undergo the Request for Proposals process.

NOW, THEREFORE, in consideration of the mutual agreements contained herein, and other good and valuable consideration, the receipt and sufficiency of which is hereby 170Exhibit 2

2 acknowledged, and intending to be legally bound hereby, the Parties agree as follows:

SECTION 1. Section 1(a). (TERM) of the Master Agreement is hereby amended to extend the term of the Master Agreement through March 28, 2025.

SECTION 2. Except as otherwise set forth in this Third Amendment, the Master Agreement, as amended by way of the Second Amendment and First Amendment, shall remain binding, controlling, and in full force and effect. Section 23 of the Master Agreement notwithstanding, this Third Amendment, together with the Master Agreement, Second Amendment and First Amendment, shall constitute the entire, complete, final, and exclusive expression of the Parties with respect to the matters addressed in both documents.

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

(SIGNATURES ON NEXT PAGE)
171Exhibit 2

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

CITY:

CITY OF BELL GARDENS

By:__________________________________
Michael B. O’Kelly, City Manager

Date:

APPROVED AS TO FORM:

By:__________________________________
Stephanie Vasquez, City Attorney

CONTRACTOR:

GREENTECH LANDSCAPE, INC.

By:_____________________________

Name:_________________________

Title: ___________________________

Date:

172Exhibit 2

4 EXHIBIT “A”

MASTER AGREEMENT

173Exhibit 2

2023
Engagement: Public Works Landscape Maintenance
Contractor: Greentech Landscape, Inc.)
THIS SECOND AMENDMENT (hereinafter, "Second Amendment") to that certain agreement entitled "Contract Agreement for Public Works Landscape Maintenance in the City of Bell Gardens" and dated October 28, 2019 (hereinafter, the "Master Agreement'), is hereby made and entered into this 15th day of December, 2023 hereinafter, "Effective Date") by and between the CITY OF BELL GARDENS, a municipal corporation (hereinafter, "CITY") and GREENTECH LANDSCAPE, INC. (hereinafter, "CONTRACTOR"). For purposes of this First Amendment, the capitalized term "Parties" shall be a collective reference to both CITY and CONTRACTOR. The ..capitalized term "Party" may refer to either CITY or CONTRACTOR, interchangeably as appropriate.

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

WHEREAS, on October 28, 2019, the Parties executed and entered into the Master Agreement for Public Works landscape maintenance services; and WHEREAS, on July 11, 2022, the Parties executed and entered into a First Amendment to revise the compensation of the Master Agreement; and WHEREAS, for purposes of this Second Amendment, the Agreement, as amended by way of the First Amendment, may be referred to collectively as the "Agreement". The Agreement is attached and incorporated hereto as Exhibit "W ; and WHEREAS, under the terms of the Master Agreement the CITY had the option to extend this Agreement for a maximum of two (2) one-year terms; and WHEREAS, the Agreement was set to expire on October 28, 2022; and WHEREAS, prior to the expiration of the Agreement, it was the Parties' intent to exercise the two (2) optional one-year terms; and
WHEREAS, the Parties are in agreement that the Term of the Agreement be extended nuns pro func, notwithstanding its October 28, 2022 expiration, and that all Parties intend to be bound by the terms and conditions of the Agreement as extended by this Second Amendment, as if the Second Amendment had been executed upon the initial October 28, 2022 expiration date; and
WHEREAS, between the October 28, 2022, expiration date of the Agreement and the execution date of this Second Amendment, the Parties have performed In compliance with the terms of the Agreement and intended all rights and responsibilities and procedures set forth under the Agreement to have been in full force and effect during this 174Exhibit 2

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

SECTION 1. Section 1(a). (TERM) of the Master Agreement is hereby amended to extend the term of the Master Agreement through October28, 2024. The Parties further agree that such extension shall be deemed to have become effective as of October 28, 2022, and that the performance of the Parties from October 28, 2022, to the execution of this Second Amendment, and beyond to the October 28, 2824 expiration date, shall be governed by the terms and conditions of the Master Agreement, as amended by way of the First Amendment and Second Amendment.

SECTION 2. Except as otherwise set forth in this Second Amendment, the Master Agreement, as amended by way of the First Amendment, shall remain binding, controlling, and in full force and effect. Section 23 of the Master Agreement notwithstanding, this Second Amendment, together with the Master Agreement and First Amendment, shall constitute the entire, complete, final, and exclusive expression of the Parties with respect to the matters addressed in both documents.

SECTION 3. The provisions of this Second Amendment shall be deemed a part of the Master Agreement and First Amendment, and except as otherwise provided under this Second Amendment, the Master Agreement and First Amendment, and all provisions contained therein shall remain binding and enforceable. In the event of any conflict or inconsistency between the provisions of this, Second Amendment and the provisions of the Master Agreement and First Amendment, the provisions of this Second Amendment shall control, but only in so far as such provisions conflict with the Master Agreement and First Amendment, and no further.
175Exhibit 2

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

CITY OF BELL GARDENS
By: eichoaell B. OU'Kelly, City ManAg`6r
Date: ,W 16-42
APPROVED AS TO FORM:

By:

Stephanie Vasquez, City Attorney
CONTRACTOR:

GREENTECH LANDSCAPE, INC.

By:

Name:

Title:

D.
176Exhibit 2

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

CITY:

B :

Mithael B. O'Kelly, City Manager
Lim
j
By:

Stepihanie Vasquez, City Attorney
Name.

Title:

D.
3 177Exhibit 2

EXHIBIT "A"

MASTER AGREEMENT
178Exhibit 2

2022

FIRST AMENDMENT TO CONTRACT SERVICES AGREEMENT
Engagement: Public Works Landscape Maintenance)
Contractor: Greentech Landscape, Inc.)
THIS FIRST AMENDMENT (hereinafter, "First Amendment") to that certain agreement entitled "Contract Agreement for Public Works Landscape Maintenance in the City of Bell Gardens" and dated October 2 , 2019 (herei ft r, the "Master Agreement"), is hereby made and entered into this j,L_ day of , 2022 (hereinafter, "Effective Date") by and between the CITY OF RAL G RDENS, a municipal corporation hereinafter, "CITY") and GREENTECH LANDSCAPE, INC. (hereinafter, CONTRACTOR"). For purposes of this First Amendment, the capitalized term "Parties" shall be a collective reference to both CITY and CONTRACTOR. The capitalized term Party" may refer to either CITY or CONTRACTOR, interchangeably as appropriate.

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

WHEREAS, on October 28, 2019, the Parties executed and entered Into the Master Agreement for Public Works landscape maintenance services; and WHEREAS, the Master Agreement is attached and Incorporated hereto as Exhibit A"; and
WHEREAS, under the terms of the Master Agreement the CITY agreed -to pay CONTRACTOR a total not -to -exceed sum of ONE HUNDRED ELEVEN THOUSAND NINE HUNDRED THIRTY-SIX DOLLARS ($1111,936) (hereinafter, "Compensation") to provide Citywide tree maintenance services; and
WHEREAS, on April 21, 2022, CONTRACTOR requested a CPI Increase that would become effective as of January 1, 2023 (hereinafter "CPI Request Letter"); and WHEREAS, the CPI Request Letter is attached and incorporated hereto as Exhibit B"; and
WHEREAS, the Parties now wish to increase the total Not -to -Exceed Sum by THREE THOUSAND THREE HUNDRED FIFTY-EIGHT DOLLARS ($3,358) for a new total Not -to -Exceed Sum of ONE HUNDRED FIFTEEN THOUSAND TWO HUNDRED NINETY-FOUR DOLLARS ($115,294) to account for the requested CPI Increase which would be effective as of January 1, 2023 and would be In effect for the remainder of the Term and any extensions; and
NOW, THEREFORE, in consideration of the mutual agreements contained herein, and other good and valuable consideration, the receipt and sufficiency of which is hereby acknowledged, and intending to be legally bound hereby, the Parties agree as follows:

SECTION 1. Section 4b. (COMPENSATION) of the Master Agreement is hereby 179Exhibit 2

amended to increase the Not -to -Exceed Sum of ONE HUNDRED ELEVEN THOUSAND NINE HUNDRED THIRTY-SIX DOLLARS ($111,936) by THREE THOUSAND THREE HUNDRED FIFTY-EIGHT DOLLARS ($3,358) for a new total Not -to -Exceed Sum of ONE

HUNDRED FIFTEEN THOUSAND TWO HUNDRED NINETY-FOUR DOLLARS 115,294) which shall be effective as of January 1, 2023 and shall continue through the remainder of the Term and any additional extensions.

SECTION 2. Except as otherwise set forth In this First Amendment, the Master Agreement shall remain binding, controlling, and in full force and effect. Section 23 of the Master Agreement notwithstanding, this First Amendment, together with the Master Agreement, shall constitute the entire, complete, final, and exclusive expression of the Parties with respect to the matters addressed in. both documents.

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

SIGNATURES ON NEXT PAGE)
E
180Exhibit 2

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

CITY:

CITY OF BELL GARDENS
10 APPROVED AS TO FORM:

By: 4hpp-1
on behetf of
Rlck 011varez, City Attorney
Date: August 16, 2022
CONTRACTOR:

QREENTECH LANDSCAPE, INC.
rs
r
at / 2V2.2
181Exhibit 2

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

CITY.,

CITY OF BELL GARDENS
Date:

APPROVED AS TO FORM:

By:

Rlck 011varez, City Attorney
Date:
3 CONTRACTOR:

GREENTECH LANDSCAPE, INC.

M ME'wma 01-- W
Name: L- M 14 7-
Title: Prts ocm-
L-
Date: 00 / d 124M
182Exhibit 2

EXHIBIT "A"

MASTER AGREEMENT
4 183Exhibit 2

CITY OF BELL GARDENS

CONTRACT AGREEMENT
FOR

PUBLIC WORKS LANDSCAPE MAINTENANCE

IN THE CITY OF BELL GARDENS
THIS CONTRACT SERVICES AGREEMENT (hereinafter, `Agreement") Is made and entered fnto this 28th day, of October 2019 (hereinafter, the 'Effective Date"), by and between the CITY OF BELL GARDENS, a municipal corporation (hereinafter, "City") and GREENTECH -LANDSCAPE INC. (hereinafter, "Contractor"). For the purposes of this Agreement, Chy and Contractor may be referred to collectively by the capitalized tern Parties." The capitalized teem "Party" may refer to City or Contractor Interchangeably.

WHEREAS, City Is a municipal corporation organized under the laws of the State of California, with power to contract for services necessary to achieve its purpose; and WHEREAS, City desires to engage the services of a company to perform landscaping and maintenance services for the City's landscaped areas; and WHEREAS, City staff has determined that Contractor possesses the skills, experiences and expertise necessary to complete required landscaping and maintenance; and
WHEREAS, the execution of this Agreement was approved by the City of sell Gardens Council at Its Regular Meeting of October 28, 2019.

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

Section 1. Term.
a. This Agreement shall commence on the Effective Date and shall have a Term of three (3) years. This Agreement may be extended by City subject to its some terms and conditions for two (2) additional extension terms of one (1) year, provided City Issues written notice of Its intent to extend the Term of the Agreement prior to the expiration of the Initial Term.
b. Nothing In this Section shall operate to pmhlbft or otherwise restrict the ClWs ability 184Exhibit 2

to terminate this Agreement at any time for convenience or for cause as provided under Section 5 of this Agreement.

Section 2. Scope of Work.
a. Subject to the tenins and conditions of this Agreement, Contractor agrees to provide landscape and maintenance services and tasks that are set forth In that certain request for proposal of the City entitled "Request for Proposal Public Works Landscape Maintenance Contract° Issued on September 26, 2019 (the'CRy RFP Work Scopel which attached and Incorporated hereto as Exhlblt "A"; and b. That certain written proposal for landscape maintenance entitled "Request for Proposal for Landscape Maintenance Services for City of Bell Gardens" dated October 11, 2019 (the Landscape Contract Proposal Work Scope"} which Is attached and incorporated hereto as Exhibit "S".
c. For purposes of this Agreement, the capitalized term "Scope of Work" shall be a collective reference to City RFP Work Scope and the Landscape Contract Proposal Work Scope. In the event of any conflict or Inconsistency between the pmvlslons of the City RFP Work Scope and the Landscape Contract Proposal Work Scope shall govern and control but only to the extent of the conflict or Inconsistency and no further.
d. Contractor also agrees to furnish City with all labor, materials, tools, supplies, equipment, services, tasks and Incidental and customary work necessary to competently perform and timely complete the services and tasks set forth in the Scope of Work. For purposes of this Agreement, the capitalized term Vorle shall be a collective reference to all of the various services and tasks described under the Scope of Work.

Section & 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 Chy's Issuance of a written notice to proceed rNotice to Proceedl. b. Contractor shall cooperate with City and In no manner interfere with the work of City, its employees or other consultants, contractors or agents. c. Contractor shall not perform any additional services or tasks beyond those expressly Identified In the Scope Work without prior authorization from City In the form of a written work order(s) Issued by the City Representative (each such written request hereinafter referred to as a "Work Ordef). Each Work Order shall Include the following information:
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1. A detailed description of the specific services or tasks requested;

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

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

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

5. Any other Information City deems necessary and relevant to the requested services or tasks; and

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

Section 4. Compensation.
a. Contractor shall perform the various services and tasks set forth in the Scope of Work in accordance with the hourly rates provided In Contractor's October 11, 2019 Proposal Schedule, which is attached and incorporated hereto as Exhibit ISM
b. Section 2(a) notwithstanding, Contractor shall perform all of the various services and tasks that comprise the Work for an annual not-b exceed sum of ONE HUNDRED ELEVEN THOUSAND NINE HUNDRED THiRT"IX DOLLARS
111,936) (hereinafter, the "Not to -Exceed Sum ). Contractor further agrees that the Not -to -Exceed Sum Is Inclusive of compensation for all labor, materials, tools, supplies, equipment, services, tasks and incidental and customary work necessary to competently perform and timely complete the Work. As specified under subsection (d) of this Section, below, the Not -to -Exceed scum shall be paid to Contractor In increments as the Work is completed.
c. In the event Contractor's charges are projected to exceed the Not -to -Exceed Sum prior to the completion of all of the Work, City may suspend Contractor'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.
d. Following the conclusion of each calendar month, Contractor shall submit to City an itemized Invoice indicating the services and tasks performed during the recently concluded calendar month. If any subtotal of charges set forth in the invoice is a function of hours worked by Contractor's personnel, the Invoice shall Indicate the number of hours worked In the recently concluded calendar month, the job titie1blassifi+cation of the person(s) performing the services or tasks, the rats 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 the subtotal. Within thirty (30) calendar days of receipt of each Invoice, City shall notify Contractor In writing of any disputed amounts Included In the Invoice. Within forty-five (45) calendar day of reoelpt of each invoice, City shall pay all undisputed 186Exhibit 2

amounts Included on the invoice. City shall not withhold applicable taxes or other authorized deductions from payments made to Contractor.

Section & Standard of Care. Contractor represents, acknowledges and agrees as follows:
a. Contractor shall perform all Work skillfully, competently and to the highest standards applicable to the Contractor's field;
b. Contractor shall construct and complete the Work In a good, workmanlike and prompt manner reasonably acceptable to City and shall furnish all labor and materials necessary to accomplish the same;
c. Contractor shall comply with all applicable federal, state and local laws and regulations, Including the conflict of Interest provisions of Government Code Section 1090 and the Political Reform Act (Government Code Section t31000 et seq.);
d. Contractor understands the nature and scope of the work to be performed under this Agreement as well as any and all schedules of performance; e. All of Contractor's employees and agents (including but not limited to Contractor's subcontractors and subconsultents) possess sufficient skill, knowledge, training and experience to perform those services and tasks contemplated under this Agreement; and
f. All of Contractor's employees and agents (Including but not limited to Contractor's subcontractors and suboonsultants) 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 shall be maintained throughout the term of this Agent.

The Parties acknowledge and agree that Contractor shall perform, at Contractor's own cost and expense and without any reknbursement from City, any services or tasks necessary to correct any errors or omissions caused by Contractor's failure to comply with the standard of care set forth under this Section or by any like failure on the part of Contractor's employees, agents, subcontractors and subconsultants. Such effort by Contractor to correct any errors or omissions shall be commenced Immediately upon their discovery by either Party and shall be completed within seven (7) calendars days from the date of discovery or such other extended period of time authorized by the City 187Exhibit 2

Representative In writing and absolute discretion. The Parties acknowledge and agree that Contractor's acceptance of any work performed by Contractor or on Contractor's behalf snail not constitute a release of any deficiency or delay in performance. The Partles' further acknowledge, understand and agree that City has rolled upon the foregoing representations of Contractor, Including but not limited to the representation that Contractor possesses the skills, training, knowledge and experience necessary to perform.the Work In a skillful and competent manner equivalent to, the standard of performance generally recognized as being employed by professionals performing the some type of work and services in the State of Califomia.

Section 0 Reprowntsrtives.
a. CNv Representative. For the purposes of thlsAgreernent, the Cky's representative shall be Dlmdor of Public Work, Cheu Vu (hereinafter, the "City Representative").

It shall be Contractor's responsibility to assurs that the City Representative is kept Informed of the progress of the performance of the services, and Contractor shall refer any decisions which must be rrurde by City to the City Representative. b. Contactor Reoresenle. For the purposes of this Agreement, Contractor hereby designates . as € o representative authorized to act on Re behalf with respect to Contractor's performance under this Agreement and to make all declsldns in connection therewith (the "Contractor Representative'.

Notice to the Contractor Representative whether written or vernal shall constitute notice to Contractor.

Section 7. ContracWs Personnel
a. Contractor represents that it has, or will secure a) its own expense, all personnel required to perform the Work and all other services and tasks necessary for Contractor to competently and timely complete any tasks and services requested by way of C*Issued Work Order. AM work, services and tasks will be performed under Contractor's supervision, and Contractor's personnel engaged in the performance of the wont, services and tasks contemplated under this Agreemment, Including subcontractors and their personnel, shall possess the qualifications, permits and licenses required by applicable law to perform such work, services and tasks on behalf of Contractor.
b. Contractor shall obtain at its sole cost and expense such Iloenses, permits, and approvals as may be required by law for the performance of the Work. Contractor shall have the sole obligation to pay for any fees, assessments and taxes, plus applicable penalties and Interest, which may be imposed by law and arise from or are necessary for the Contractor's performance of the Work, and shall indemnify, defend and hold harmless City against any such fees, assessments, tares, 188Exhibit 2

penalties, or interest levied, assessed, or imposed against CITY hereunder. c. Contractor shall be solely responsible for the satisfactory worts performance of all personnel engaged in performing the Work.
d. if, at any time during the term of this Agreement, City requests the removal of any person(s) or subcontractor(s) assigned by Contractor to perform services pursuant to this Agreement, Contractor shall remove any such person immedlaWy upon receiving notice from City of such request,
e. Contractor shall be responsible for payment of all wages and benefits owed to Contractor's employees and the payment of subcontractors engaged by Contractor In the performance of this Agreement. Contractor shall also comply with all requirements pertaining to employer's liability, workers` compensation, unemployment insurance, and Social Security.
f. Contractor shall obtain and maintain during the Term of the Agreement all necessary licenses, permits and certificates required by law for the performance of the Work contemplated under this Agreen'rent.

Sutton S. Warranty.
a. Contractor warrants all materials used, equipment installed, and improvements constructed under this Agreement shall: (1) meet all conditions of the Agreement; and (il) shall be free from all defects In design, materials and workmanship for a period of one (1) year after completion of the Worse and acceptance by City. If any defects are discovered within twelve (12) months following acceptance by City, Contractor shall be solely responsible far the correction of those detects and Contractor's sole cost and expense. The warranty set forth under this subsection a) of Section 7 shall be In addition to any warranties for materials used, equipment Installed, and improvements constructed by Contractor In the performance of this Agreement.
b. Contractor shall transfer to City all of Contractor's rights to and interest to any and all manufacturers' warranties or guarantees for any materials, equipment or fixtures installed by Contractor In the perfornmanoe of this Agreement. Where applicable, City shall be named as the owner beneficlary In any such warranties or guarantees. Contractor shall deliver to City all the written material comprising the manufacturers' warranties or guarantees. Contractor shall ensure that each warranty or guarantee Is in full force and effect from the date the City starts using the equipment or fixtures. All manufacturers' warranties or guarantees shall be In addition to the Contractor's warranty set forth under subsection (a) of this Section, above or subsection (c) of this Section, below.
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c. In addition to all manufacturers' warrantees and all other warranties Implied bylaw, Contractor warrants that all materials used, equipment installed, and Improvements constructed In the performance of this Agreement shall conform to the Scope of Work and any additional plans, drawings or specifications incorporated into this Agreement.

Section S. Surety Bond.

A. Performance Bond. Unless warred by the City Representatives in writing, Contractor shall execute and provide to City concurrently with this Agreement a Performance Bond in the amount of the total Not -to -Exceed Sum. The Performance Bond shall be in a form approved by City. No payment shall be made to Contractor until the Performance Bond has been received and approved by the City or the requirement for the Performance Bond has been waived.

B. Lappr and Materials Bond. Unless waived by the City Representatives In writing, Contractor shall execute and provide to City concurrently with this Agreement a Labor and Materials Bond in the amount of the Not -to -Exceed Sum. The Labor and Materials Bond shall be in a form approved by City. No payment shall be made to Contractor until the Labor and Materials Bond has been received and approved by the City.

Section 10. Documents and Data. All specifications, operational manuals, reports, documents or other written material (`written productel developed by Contractor In the performance of this Agreement shall be and remain the property of City. All data, documents, discussion, or other Information received by Contractor from City or provided for performance of this Agreement are deemed confidential and shall not be disclosed by Contractor without prior written consent by City. City shall grant such consent if disclosure Is legally required or necessary to provide the services under this Agreement. All City data shall be returned to City upon the termination of this Agreement. Contractor's covenant under this Section shall survive the termination of this Agreement.

Section 11. Prohibited Interests. Contractor 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, Contractor 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 Contractor, any fees 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 shall have the absolute and unfettered right to rescind this Agreement without liability or penalty. For the term of this Agreement, no member, officer or employee of City, during the term of his or her service with City, shall have any direct Interest In this Agreement, or obtain any present or anticipated material benefit arising therefrom.
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Section 12. Independent Contractor.
a. The Parties acknowledge, understand and agree that Contractor and Contractors employees, subcontractors, subconsullonts and agents and all persons or entities acting on Contractor's behalf In the performance of this Agreement are Independent contractors and not employees, officers or officials of the City.

Contractor, by virtue of this Agreement, has no authority to bind or Incur any obligation on behalf of City. Contractor has no authority or responsibility to exercise any rights or pourer vested In City. No agent, officer, or employee of City Is to be considered an employee oftontractor. it Is understood by both Contractor and City that this Agreement shall not, under any circumstances, be construed or considered to create an employer -employee relationship or a joint venture. b. Contractor, its agents, officers, subcontractors and employees are and, at all times during the term of this Agreement, shall represent and conduct themselves as Independent contractors and not as employees, officials or officers of the City. c. Contractor shall determine the method, details and means of performing the Work.

Contractor shall be responsible to City only for the requirements and results specified In this Agreement or any individual Work Order. Contractor has control over the manner and means of performing the services under this Agreement.

Contractor is permitted to provide services to others during the same period as it provides services to City cruder this Agreement.
d. If, In the performance of this Agreement, any third persons are employed by Contractor, such persons shall be entirely and exclusively under the direction, supervision, and control of Contractor. Ali terns of employment Including hours, wages, working conditions, discipline, hiring, and discharging or any other term of employment or requirement of law shall be determined by the Contractor. e. As an independent contractor, Contractor hereby Indemnities and holds City harmless from any and all claims that may be made against City based upon any contention by any third party that an employer -employee relationship exists by reason of this Agreement.

Section 13. Coniticts of Interest. Contractor hereby warrants for itself, its employees, and subcontractors that those persons presently have no Interest and shall not obtain any Interest, direct or Indirect, which would conflict in any manner with the performance of the services contemplated by this Agreement. No person having such conAlcting Interest shall be employed by or associated with Contractor in connection with this pmject.

Contractor hereby warrants for itself, its employees, and subcontractors that no such person shall engage in any conduct which would constitute a conflict of Interest under any City ordinance, state law or federal statute. Contractor agrees that a clause substantially slmllarto this Section shall be Incorporated into any sub -contract that Contractor executes In connection with the performance of this Agreement.
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Section 14. Non -Discrimination. During the performance of this Agreement, Contractor and Its subcontractors shall not unlawfully discriminate against any employee or applicant for employment because of race, religion, color, national origin, ancestry, physical handicap, medical condition, marital status, age (over 40) or set. Contractor and subcontractors shall ensure that the evaluation and treatment of their employees and applicants for employment are free of such discrimination. Contractor and subcontractors shall comply with the provisions of the Fair Employment and Housing Act (Gov. Code, Section 12M et seq.) and*the applicable regulations promulgated hereunder (California Code of Regulations, Tide 2, Section 7285.0 et seq.). The applicable regulations of the Fair Employment and Housing Commission Implementing Government Code, Section 12990, set forth In Chapter 5 of Division 4 of Title 2 of the California Code of Regulations are inoorporated Into this Contract by reference and made a part hereof as If set forth in full. Contractor and fts subcontractors shall give written notice of their obligations tinder this clause to labor organizations with which they have a collective bargaining or other agreement This Contract shall include the nondiscrtmination and compliance provisions of this clause In all subcontracts to perform work under this Agreement.

Section 15. Indemnification.
a. To the fullest extent permitted by law, Contractor hereby agrees, at its sole cost and expense, to defend, protect, Indemnify, and hold harmless City and Clty's elected and appointed officials, officers, attorneys, agents, employees, volunteers, successors, and assigns (collectively "Indemnitees") from and against any and all damages, costs, expenses, iiabllfties, claims, demands, causes of action, proceedings, expenses, Judgments, penalises, liens, and losses of any nature whatsoever, including fees of accountants, attomeys, or other professionals and all costs associated therewith (collectively "Uablistlesl, arising or claimed to arise, directly or Indirectly, out of, In connection with, resulting from, or relates) to any act, failure to act, error, or omission of Contractor or any of Contractor's oflloars, agents, servants, employees, subcontractors, materialrnen, suppliers or their officers, agents, servants or employees, arising or claimed to arise, directly or Indirectly, out of, In connection with, resulting from, or related to this Agreement and the performance or failure to perform any teen, provision, covenant, or condition of the Agreement, Including this Indemnity provision. This Indemnity provision Is effective regardless of any prior, concurre K or subsequent active or passive negligence by Contractor and shall operate to fully Indemnity Indemnitees against any such negligence. This Indemnity provision shall survive the terrnUation of the Agreement and is in addition to any other rights or remedies which Indemnitees may have under the law or elsewhere under this Agreement.

Payment Is not required as a condition precedent to an lndemnftee's right to recover under this indemnity provision, and an entry of judgment against any one or more of the Indemnitees shall be conclusive In favor of the Indemnitess' right to recover under this Indemnity provision. Contractor shall pay Indemnitess for any attorney's fees and costs Incurred In enforcing this Indemnification provision.

Notwithstanding the foregoing, nothing In this instrument shall be construed to 192Exhibit 2

encompass (a) Indemnitees' sole negligence or willful misconduct to the limited extent that the underlying Agreement is subject to Civil Code § 2782(a), or (b) the contracting public agency's active negligence to the limited extent that the underlying Agreement Is subject to Civil Code § 2782(b). This indemnity Is effective without reference to the existence or applicability of any insurance coverage(s) which may have been required under the Agreement or any additional Insured endorsements which may extend to Indemnitees. Accountants, attorneys, or other professionals employed by Indemnittor to defend Indemnitees shall be shall be selected by Indemniiees. Contractor, on behalf of Itself and all parties claiming under or through it, hereby waives all rights of subrogation and contribution against the Indemnitees, while acting within the scope of their duties, from all claims, losses and liabilities arising out of or Incident to activities or operations performed by or on behalf of the Indemnittor regardless of any prior, concurrent, or subsequent active or passive negligence by the Indemnitees. b. Contractor's obligations under this or any other provision of this Agreement will not be limited by the provisions of any workers compensation act or similar act.

Contractor expressly waives its statutory immunity under such statutes or laws as to the Indemnities.
c. Contractor agrees to obtain executed Indemnity agreements with provisions Identical to those In this Section'from each and every subcontractor or any other person orendly Involved by, for, with or on behaiiof Contractor in the performance of this Agreement.' In the event Contractor falls to obtain such indemnity obligations for the benefit of City, Contractor agrees to be fully responsible and Indemnify, hold harmless and defend City,. its officers, agents, employees and volunteers from and against any and all claims and losses, costs or expenses for any damage due to death or injury to any person and injury to any properly resulting from any alleged, intentional, reckless, negligent or otherwise wrongful ads, errors or omissions of Contractor or any of Its officers, employees, servants, agents, subcontractors, volunteers or any other person or entity Involved by, for, with or on behalf of Contractor In the performance of this Agreement. Such costs and expenses shall include reasonable attorneys' fees Incurred by counsel of City's choice.
d. City does not, and shall not; waive any rights that It may possess against Contractor 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. Contractor agrees that Contractor's covenant under this Section shall survive the termination of this Agreement. e. Contractor shall fully comply with the workers' compensation laws regarding 193Exhibit 2

Contractor and Contractor's employees. Contractor further agrees to Indemnify and hold City harmless from any failure of Contractor to comply with applicable workers` compensation laws. City shall have the right to offset against the amount of any fees due to Contractor under this Agreement any amount due to City from Contractor as a result of Contractor's failure to promptly pay to City any reimbursement or indemnification arising under this Section.

Sectlon 16. Insurance.
a. Contractor shall stall times during the term of this Agreement carry, maintain, and keep In full foroe and etTect, Insurance as follows;

1. Commercial General Liability Insurance with minimum limits of One Million Dollars ($1,000,000) fart each occurrence and in the aggregate forany personal Injury, death, loss or damage.

2. Automobile Llabilliy Insurance for any owned, non -owned or hired vehicle used In connection with the performance of this Agreement with minimum limits of One Million Dollars ($1,000,000) per accident for bodily Injury and property damage.

3. Worker's Compensation insurance as required by the State of Caiifomis. b. Contractor shall require each of its sub+consultants or subcontractors to maintain Insurance coverage that meets all of the requirements of this Agreement.. c. The policies required by this Agreement shall be issued by an Insurer admitted In the State of California and with a rating of at least A:VII In the latest edition of Bears Insurance Guide.
d. Contractor agrees that If it does not keep the Insurance required In this Agreement In full force and etfeot, City may either immediately terminate this Agreement or, if Insurance Is available at a reasonable cost, City may take out the necessary Insurance and pay, at Contractor's expense, the premium thereon. e. Prior to commencement of work under this Agreement, Contractor shall file with Cloys Risk Manager a cerlthcate or certificates of Insurance showing that the Insumnoe policies are in effect and satisfy the required amounts and specifications required pursuant to this Agreement.
t: Contractor shall provide proof that policies of Insurance expiring during the term of this Agreement have been renewed or replaced with other policies providing at least the same coverage. Such proof will be furnished at least two weeks prior to the expiration of the coverages.
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g. The general liability and automobile policies of Insurance shall contain an endorsement naming City, its elected officials, officers, agents, employees, attorneys, servants, volunteers, successors and assigns as additional Insureds.

All of the policies shall contain an endorsement providing that the policies cannot be canceled or reduced except on thirty (30) days' prior written notice to City.

Contractor agrees to require its insurer to modify the certificates of Insurance to delete any exculpatory wording stating that failure of the insurer to mail written notice of cancellation imposes no obligation, and to delete the word Aendeavor' with regard to any notice provisions.
h. The insurance provided by Contractor shall be primary to any other coverage available to City. Any Insurance or self-insurance maintained by City, its officers, employees, agents or volunteers, shall be in excess of Contractors insurance and shall not contribute with it.

I. All insurance coverage provided pursuant to this Agreement shall not prohibit Contractor, and Contractor's employees, agents, subcontractors, or volunteers from waiving the right of subrogation prior to a loss. Contractor hereby waives all rights of subrogation against City.

Any deductibles or self -insured retentions must be approved by City. At the option of City, Contractor shall either reduce or eliminate the deductibles or self -insured retentions with respect to City, or Contractor shall procure a bond guaranteeing payment of losses and expenses.
k. If Contractor Is a Limited Liability Company, general liability coverage must be amended so that the Limited Liability Company and its managers, affiliates, employees, agents, and other persons necessary or incidental to its operation are Insureds.

I. Procurement of Insurance by Contractor shall not be construed as a limitation of Contractor's liability or as full performance of Contractor's dutles to indemnify, hold harmless and defend under Section 15 of this Agreement
Section 17. 'Records and Inspection. Contractor shall keep, and require subcontractors to keep, such books and records as shall be necessary to document the performance of the Work and enable the City to evaluate the performance the Work. The Contract Officer shall have full and free access to such books and records at all times during normal business hours of City, Including the right to inspect, copy, audit, and make records and transcripts from such records. Such records shall be maintained for a period of four (4) years following completion of the services hereunder, and the City shall have access to such records in the event any audit Is required. 195Exhibit 2

Section 18. Termination.
a. Termination for Convenience. City may immediately terminate this Agreement for convenience, without cause and without penalty or liability at any time upon the Issuance of written notice to Contractor specifying the effective date of such termination. Such termination for convenience shall be made In wilting signed by the City Representative. Contractor may only terminate this Agreement for cause. b. Termination for Cause. In the event either Party falls to perform any duty, obligation, service or task set forth under this Agreement or any Work Order (or fails to timely perform or properly perform any such duty, obligation, service or task set forth under this Agreement or any Work Order), an event of default (hereinafter, Event of Default") shall occur. For all Events of Default, the Party alleging an Event of Default shall give written notice to the defaulting Party (hereinafter referred to as a "Default Notice") which shall specify: (1) the nature of the Event of Default; (11) the action required to cure the Event of Default; (ill) a date by which the Event of Default shall be cured, which shall not be less than the applicable cure period set forth under subsection 10)(2) 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 shall constitute a breach of this Agreement If the defaulting Party falls to cure the Event of Default within the applicable cure period or any extended cure period allowed under this Agreement.

An Event of Default shall include, but shall not be limited to the following: (I) Contractor'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; (ii) Contractor's and/or its employees' disregard or violation of any federal, state, local law, rule, procedure or regulation; (ill) the initiation of proceedings under any bankruptcy, Insolvency, receivership, reorganization, or similar legislation as relates to Contractor, whether voluntary of Involuntary; (Iv) Contractor's refusal or failure to perform or observe any covenant, condition, obligation or provision of this Agreement; and/or (v) CITY's discovery that a statement representation or warranty by Contractor relating to this Agreement Is false or erroneous In any material respect Including any statement, representation or warranty set forth in the Equipment Specifications.

1. Contractor shall cure the following Events of Defaults within the following time periods:

1. Within three (3) business days of City's Issuance of a Default Notice for any failure of Contractor to timely provide City or City's employees or agents with any Information and/or written reports, documentation or work product which Contractor is obligated to provide to City or City's employees or agents under this Agreement. Prior to the expiration of the 3-day cure period, Contractor may submit a written request for 196Exhibit 2

additional time to cure the Event of Default upon a showing that Contractor has commenced efforts to cure the Event of Default and that the Event of Default cannot be reasonably cured within the 3-day cure period. The foregoing notwithstanding, City shall be under no obligation to grant additional time for the cure of an Event of Default under this subsection that exceeds seven (7) calendar days from the end of the Initial 3-day cure period; or
ii. Within thirty (30) calendar days of C!Vs issuance of a Default Notice for any other Event of Default under this Agreement. Prior to the expiration of the 30-day cure period, Contractor may submit a written request for additional time to cure the Event of Default upon a showing that Contractor has commenced efforts to cure the Event of Default and that the Event of Default cannot be reasonably cured within the 30-day cure period. The foregoing notwithstanding, City shall be under no obligation to grant additional time for the cure of an Event of Default under this subsection that exceeds thirty (30) calendar days from the and of the Initial 30-ciay cure period.

If an Event of Default relates to a material falsehood or misrepresentation that Is not susceptible to a cure, City in its sole and absolute discretion may elect to treatthe falsehood ormisrepnesentation as a breach of this Agreement orwaive the falsehood or misrepresentation. The foregoing notwithstanding, the prior waiver of a falsehood or misrepresentation as an Event of Default shall not operate as a waiver or any other falsehood or misrepresentation later discovered by City.

2. Except as otherwise specified in this Agreement, City shall cure any Event of Default asserted by Contractor within thirty (30) calendar days of Contractor's Issuance of a Default Notice, unless the Event of Default cannot reasonably be cured within the 30-day cure period. Prior to the expiration of the 30-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 3D-day cure period. The foregoing notwithstanding, an Event of Default dealing with City's failure to timely pay any undisputed surns to Contractor shall be cured by City within five (5) calendar days from the date of Contractor's Default Notice to City.

3. City, In its sole and absolute discretion, may also immediately suspend Contractor's performance under this Agreement or any individual Work Order or the performance of any specific task or function performed by Contractor under this Agreement or any Individual Work Order) pending Contractor's cure of any Event of Default by giving Contractor written notice of City's Intent to 197Exhibit 2

suspend Contractor`s performance (hereinafter, a "Suspension Noticel. City may Issue the Suspension Notice at any time upon the occurrence of an Event of Default. Upon such suspension, Contractor shall be compensated only for those services and tasks which have been rendered by Contractor 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 shall operate to prohibit or otherwise restrict City's ability to suspend this Agreement as provided herein.

4. No waiver of any Event of Default or breach under this Agreement shall constitute a waiver of any other or subsequent Event of default or breach. No waiver, benefit, privilege, or service voluntarily given or perfomwd by a Party shall give the other Party any contractual rights by custom, estoppel, or otherwise.

B. The duties and obligations Imposed under this Agreement and the rights and remedies available hereunder shall be In addldon 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 We and absolute discretion, may also pursue any one or more of the foilowirg remedies;
Upon written notice to Contractor, the City may immediately terminate this Agreement In whole or In part,
U. Upon written notice to Contractor, the City may extend the time of performance;
Ill. The City may proceed by appropriate court action to enforce the terms of the Agreement to recover damages for Contractors breach of the Agreement or to terminate the Agreement, or
tv. The City may exercise any other available and lawful right or remedy.

Contractor shall be liable for all legal fees plus other costs and expenses that City Incurs upon a breach of this Agreement or in the Cityr's exercise of Its remedies under this Agreement.

6. In the event City is In breach of this Agreement, Contractor's sole remedy shall be the suspension or termination of this Agreement and/or the recovery of any 198Exhibit 2

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227Exhibit 2

228Exhibit 2

229Exhibit 2

230Exhibit 2

231Exhibit 2

232Exhibit 2

233Exhibit 2

234Exhibit 2

235Exhibit 2

236Exhibit 2

237Exhibit 2

238Exhibit 2

239Exhibit 2

240Exhibit 2

241Exhibit 2

242Exhibit 2

243Exhibit 2

244Exhibit 2

245Exhibit 2

246Exhibit 2

247Exhibit 2

248Exhibit 2

249Exhibit 2

250Exhibit 2

251Exhibit 2

252Exhibit 2

253Exhibit 2

254Exhibit 2

255Exhibit 2

256Exhibit 2

257Exhibit 2

258Exhibit 2

259Exhibit 2

5 EXHIBIT “B”
2024 CONTRACTOR EXTENSION

260Exhibit 2

09/26/2024

To Bernardo Iniguez:

Director of Public Works/Facilities
City of Bell Gardens
8327 Garfield Avenue
Bell Gardens, CA 90201

Re: Landscape Maintenance

Please consider granting our company a six months extension for the landscape services we are currently providing to the City of Bell Gardens. The current scope of work, terms and condition will not change if accepted.

Sincerely,
,

Gus Marquez
President

13560 E. Telegraph Road. Whittier, California 90605

261Exhibit 2

CIT Y OF BE LL GARDENS

O F F I C E O F T HE C I T Y M ANAG E R

AG E ND A RE P O RT
I tem 10.

T O:Honorable Mayor and C ity C ouncil Members
F RO M : Michael O'Kelly, City Manager
B Y:D aisy Gomez, C ity C lerk
S UB J E C T:L O C AL C O M M IS S IO NS AP P O INT M E NT L IS T D AT E:October 14, 2024
RE C O M M E ND AT IO N:

I t is staff's recommendation that the City C ouncil review the Commissions A ppointments L ist and by motion, remove commissioners and/or make appointments to the posted vacancies.

B AC K G RO UND/D IS C US S I O N:

T he L ocal A ppointments L ist includes all Bell Gardens Commissions and C ommissioners. T he City C ouncil adopted Ordinance No. 825 on J uly 13, 2009 establishing minimum requirements for service on commissions. All C ommissioners must reside within the C ity of B ell Gardens and may only serve on one C ommission at a time. Once appointed, each Commissioner must adhere to the requirements of the City's C onflict of I nterest Code and state- mandated A B 1234 ethics training and A B 1661 harassment training.

Ordinance No. 825 allows each C ouncil Member to remove or appoint one candidate per Commission, subject to the approval of the Council majority. A ppointed Commission Members serve terms that coincide with the term of the C ouncil Member who made the appointment.

C O NC L US I O N:

After an appointment is made, Commission members will receive their Oath of Of f ice bef ore beginning service with their respective Commission at the next regularly scheduled Commission meeting. The C ity C lerk's Of f ice will arrange f or the proper f iling of Conf lict of I nterest Code forms and schedule trainings f or A B 1234 and A B 1661.

F I S C AL I M PAC T:

No fiscal impact.

AT TAC HM E NT S :

D escription
Exhibit 1 - Notice of Vacancies
AP P RO V E D E L E C T RO NI C AL LY B Y:

Michael B . O'K elly, C ity Manager
S tephanie Vasquez, City Attorney and/or Susie A ltamirano, Assistant City Attorney Manuel Carrillo, Director of F inance and Administrative Services 262

Updated: 10/9/2024

CITY OF BELL GARDENS

NOTICE OF COMMISSION VACANCIES

AND ACTIVE COMMISSIONERS

EDUCATION COMMISSION

PLANNING COMMISSION

RECREATION, CULTURAL AND YOUTH COMMISSION

SENIOR CITIZEN COMMISSION

TRAFFIC AND SAFETY COMMISSION
The City Council is seeking applications for the following vacancies:

Meeting Date: Second Thursday of every month, City Hall Council Chamber, 5:00 p.m.

Staff Liaison - Ana Avalos, Recreation and Community Services Supervisor, (562) 806-7650 Meeting Date: Third Wednesday of every month, City Hall Council Chamber, 5:15 p.m.

Staff Liaison - Steven Jones, City Planner, (562) 806-7722 Ernesto Ramirez Barcena 04/08/2024
Meeting Date: Third Thursday of every month, City Hall Council Chamber, 6:00 p.m.

Staff Liaison – Armando Andrade, Recreation and Community Services Supervisor, (562) 806-7650 Meeting Date – Second Wednesday of every month, City Hall Council Chamber, 6:00 p.m.

Staff Liaison – Diana Ortiz, Recreation and Community Services Supervisor (562) 806-7650 Meeting Date – First Tuesday of every month, City Hall Council Chamber, 5:30 p.m.

Staff Liaison – Bernardo Iniguez , Director of Public Works/Facilities (562) 806-7770 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
Gabriela Galindo Barcena 8/26/2024
Miguel Flores Chavez 3/22/2021
Victoria Mirembe Gomez 11/13/2023

VACANT VACANT
VACANT Sanchez 8/30/2023
Miguel De La Rosa Chavez 1/11/2021
Gustavo Mendez Gomez 8/28/2023

VACANT VACANT
Oscar Boado Sanchez 9/11/2023
Isabel Duron Barcena 1/9/2023
Erika Cabrera Chavez 3/11/2024
Katelynn Cabrera Gomez 10/23/2023

VACANT VACANT
Carmen Vargas Sanchez 7/22/2024
Ana Maria Sanchez Flores Barcena 1/9/2023
Linda Judith Lopez Chavez 9/9/2024
Mayra Teresa Yañez Gomez 7/22/2024

VACANT VACANT
Stephanie Perez Sanchez 1/23/2023
David Heredia Barcena 1/9/2023
VACANT Chavez 7/23/2024
Raul Velasco Gomez 10/9/2023

VACANT VACANT
Hugo Alvarado Sanchez 1/9/2023

NAME APPOINTED BY VACANCY
POSTED

APPOINTMENT
DATE
263Exhibit 1

CIT Y OF BE LL GARDENS

O F F I C E O F T HE C I T Y M ANAG E R

AG E ND A RE P O RT
I tem 11.

T O:Honorable Mayor and C ity C ouncil Members
F RO M : Michael B. O'Kelly, City Manager
B Y:Bernardo I niguez, D irector of P ublic Works/F acilities S UB J E C T:C O NS I D E RAT IO N O F A RE S O L UT I O N AP P RO V I NG T HE C IT Y O F B E L L G ARD E NS

M UNIC I PAL WAT E R S Y S T E M WAT E R S HO RTAG E C O NT I G E NC Y P L AN D AT E:October 14, 2024
RE C O M M E ND AT IO N:

I t is staff's recommendation that the City C ouncil adopt the attached Resolution approving the C ity of B ell Gardens Municipal Water System Water Shortage Contingency Plan.

B AC K G RO UND/D IS C US S I O N:

S B 552 was passed and signed by G overnor Gavin Newsom in September 2021. I t requires small water suppliers, defined as those with f ewer than 3,000 connections and which serve fewer than 3,000 acre feet, to 1) have an abridged water shortage contingency plan; 2) annually report their water supply conditions and use by month; 3) upgrade their inf rastructure to drought resilient standards, if needed; and 4) post the abridged water shortage contingency plan on the agency’s website, if one is available.

T he C ity’s municipal water system has approximately 1,650 connections and serves approximately 1,000 acre feet; theref ore, it is subject to the requirements of S B 552. T he Public Works Department worked with L iberty Utilities, the C ity’s current water system operator, to prepare the City’s Municipal Water S ystem Shortage Contingency P lan (the “P lan”), which expands on the requirements of the previously adopted Water Conservation P lan under B ell Gardens Municipal C ode Chapter 11.03.

T he proposed P lan includes elements of public education, coordination with regional water planning groups, a summary of drought response triggers, and drought response stages and actions, including notifications to Municipal Water S ystem customers and public safety contacts, permanent water conservation requirements contained in B G MC C hapter 11.03, enforcement actions, and waivers f rom the Plan’s requirements.

C O NC L US I O N:

Approving the Plan will allow the C ity to implement drought response stages and actions, depending on the level of drought conditions and will allow the C ity to be in compliance with S B 552’s requirements.

F I S C AL I M PAC T:

None.

AT TAC HM E NT S :

D escription
Exhibit 1 - Resolution No. 2024-82
Exhibit 2 - Water S hortage C onservation P lan
264

AP P RO V E D E L E C T RO NI C AL LY B Y:

Michael B . O'K elly, C ity Manager
S tephanie Vasquez, City Attorney and/or Susie A ltamirano, Assistant City Attorney Manuel Carrillo, Director of F inance and Administrative Services 265

RESOLUTION NO. 2024-82

A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF BELL

GARDENS, CALIFORNIA, APPROVING THE CITY OF BELL

GARDENS MUNICIPAL WATER SYSTEM WATER SHORTAGE

CONTINGENCY PLAN

WHEREAS, Senate Bill 552 (“SB 552”) was signed by Governor Gavin Newsom on September 23, 2021; and

WHEREAS, SB 552 requires small water suppliers, defined as those with fewer than 3,000 connections and which serve fewer than 3,000 acre feet, to 1) have an abridged water shortage contingency plan; 2) annually report their water supply conditions and use by month; 3) upgrade their infrastructure to drought resilient standards, if needed; and 4) post the abridged water shortage contingency plan on the agency’s website, if one is available; and

WHEREAS, the City of Bell Gardens (“City”) Municipal Water System has approximately 1,650 connections and serves approximately 1,000 acre feet;

WHEREAS, the City’s Municipal Water System is subject to the requirements of SB 552;

WHEREAS, the City has prepared the required Municipal Water System Shortage Contingency Plan (“Plan”), which expands on the requirements of the previously adopted Water Conservation Plan under Bell Gardens Municipal Code Chapter 11.03; and

WHEREAS, the Plan includes elements of public education, coordination with regional water planning groups, a summary of drought response triggers, drought response stages and actions, notifications to Municipal Water System customers and public safety contacts, enforcement actions, and waivers from the Plan’s requirements.

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

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

SECTION 2. Based upon the above recitals, the staff report accompanying this Resolution, and such other oral and written evidence, the Bell Gardens City Council hereby approves the City of Bell Gardens Municipal Water System Shortage Contingency Plan, which is attached to the staff report as Exhibit 2.

SECTION 3. The City Council further authorizes and directs the City Manager, or designee, to publish the City of Bell Gardens Municipal Water System Shortage 266Exhibit 1

Resolution No. 2024-82

2 of 3

Contingency Plan on the City’s website, and take all actions necessary to appropriate, implement and effectuate the intent of the City Council as set forth in this Resolution.

PASSED, APPROVED, and ADOPTED this 14th day of October, 2024.

THE CITY OF BELL GARDENS

Gabriela Gomez, Mayor

APPROVED AS TO FORM: ATTEST:

Stephanie Vasquez Daisy Gomez
City Attorney City Clerk

[Signatures on the following page]

267Exhibit 1

Resolution No. 2024-82
3 of 3

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:

268Exhibit 1

City of Bell Gardens

Municipal Water System

Water Shortage Contingency Plan

7100 S. GARFIELD AVENUE, BELL GARDENS CA 90201
Public Water System CA1910108
Effective: January 1, 2025

269Exhibit 2

Water Shortage Contingency Plan for the City of Bell Gardens Page 2 of 17 Table of Contents
Section I: Declaration of Policy, Purpose, and Intent .......................................................... 3 Section II: Public Education ................................................................................................. 3 Section III: Coordination with Regional Water Planning Groups ............................................ 3 Section IV: Authorization ....................................................................................................... 3 Section V: Application .......................................................................................................... 4 Section VI: Summary of Drought Response Stages and Response Actions .......................... 4 Section VII: Drought Response Triggers ................................................................................ 6 Stage 1 Triggers -- Water Shortage WARNING Conditions -- City of Bell Gardens Level 1 Shortage ................................................................................................................................ 6 Stage 2 Triggers -- Water Shortage MODERATE Conditions -- City of Bell Gardens Level 1 Shortage ................................................................................................................................ 6 Stage 3 Triggers – SIGNIFICANT Water Shortage Conditions -- City of Bell Gardens Level 2 Shortage ................................................................................................................................ 7 Stage 4 Triggers -- SEVERE Water Shortage Conditions -- City of Bell Gardens Level 2 Shortage ................................................................................................................................ 7 Stage 5 Triggers -- CRITICAL Water Shortage Conditions -- City of Bell Gardens Level 3 Shortage ................................................................................................................................ 7 Stage 6 Triggers – EMERGENCY Water Shortage Conditions -- City of Bell Gardens Level 3 Shortage ................................................................................................................................ 8 Section VIII: Drought Response Stages and Actions ........................................................... 8 Permanent Water Conservation Requirements .....................................................................10 Level 1 Water Supply Shortage Response Actions ...............................................................12 Level 2 Water Supply Shortage Response Actions ...............................................................12 Level 3 Water supply shortage – Emergency Condition Response Actions ...........................13 CATASTROPHIC Water Allocation Plan ...............................................................................15 Section IX: Enforcement ......................................................................................................16 Section X: Waivers ..............................................................................................................16

270Exhibit 2

Water Shortage Contingency Plan for the City of Bell Gardens Page 3 of 17 Section I: Declaration of Policy, Purpose, and Intent
The purpose of the Water Shortage Contingency Plan (Plan) is to help conserve the available water supply; to protect the integrity of public water system supply facilities, with particular regard for domestic water use, sanitation, and fire protection; to protect and preserve public health, welfare, and safety; and, to minimize the adverse impacts of water supply shortage or other water supply emergency conditions.

Water uses regulated or prohibited under this Plan are considered to be non-essential and continuation of such uses during times of a water shortage or other emergency water supply conditions are deemed to constitute a waste of water subjecting the offender(s) to penalties as defined in Section IX of the Plan.

Section II: Public Education
The City will regularly provide the public with information about the Plan, including information about the conditions under which each stage of the Plan is to be initiated or terminated; and the drought response measures to be implemented in each level or stage shortage, including but not limited to the value of water, sources of water being used, and methods and opportunities for conservation.

Section III: Coordination with Regional Water Planning Groups The service area of the City is located within Metropolitan Water District’s service area.

Metropolitan Water District’s water planning area assessment documents were considered in the development of the Plan. A copy of the final Plan is posted on the City’s website at https://www.bellgardens.org/government/city-departments/public-works/water .

Section IV: Authorization
The City Manager, or designee, is hereby authorized and directed to implement the applicable provisions of this Plan upon determination that such implementation is necessary to protect public health, safety, and welfare. The City Manager, or designee, shall have the authority to initiate or terminate drought or other water supply emergency response measures as described in this Plan.

The contact information for the City Manager is:

Michael B. O’Kelly, City Manager
Tel: (562) 806-7702
Fax: (562) 806-7709
Email: [email protected]
City of Bell Gardens
7100 Garfield Ave.

Bell Gardens, CA 90201
271Exhibit 2

Water Shortage Contingency Plan for the City of Bell Gardens Page 4 of 17 Section V: Application
The provisions of this Plan shall apply to all persons, customers, and properties utilizing water provided by the City. The terms “person” and “customer” as used in the Plan may include individuals, corporations, partnerships, associations, and all other legal entities.

Section VI: Summary of Drought Response Stages and Response Actions The City Manager, or designee, shall monitor water supply and/or demand conditions on a monthly basis and shall determine when conditions warrant initiation or termination of each stage of the Plan, that is, when the specified “triggers” are reached.

The triggering and termination criteria described in subsequent sections of this document are based on:
· Projected drought conditions on Department of Water Resources (DWR) California Water Watch Tool ( https://cww.water.ca.gov)
· County, State or Federal Drought Emergency Orders
· Emergencies such as fire, earthquake, etc. resulting in potential water outages The response actions described in subsequent sections of this document are based on the following general precepts:
· Conservation techniques employed include progressively implementing more strict water use policies, primarily focused on outdoor irrigation and increasingly restrictive water use in business functions. In natural disaster type scenarios, water supplies are limited based on a per capita per day scenario.

· Notification of the public is performed in a variety of ways to ensure drought messaging is received by the residents. Depending on the severity of the drought stage, this may include messages on water bill inserts, website and social media, and newspapers. Messaging will also be highly coordinated with the City’s water system operator (currently Liberty Utilities) and Golden State Water Company, since portions of the City are served by these two water purveyors.

The table on the following page summarizes each water shortage stage, as well as City-specified triggers and response actions. Additional information for each trigger and response action is provided in Sections VII and VIII.

272Exhibit 2

Water Shortage Contingency Plan for the City of Bell Gardens Page 5 of 17

Response
Stage
Shortage
Range
Trigger Response Action Termination Action
Stage 1

WARNING
Up to 10% DWR Water Watch
drought map shows
abnormally dry
conditions.

Level 1 Water Supply
Shortage measures
listed in Section VIII
including limiting water
days to three days per
week and obligation to
fix leaks within 72 hours

DWR Water Watch
drought map shows
abnormal drought
conditions cease to
exist
Stage 2

MODERATE
Up to 20% DWR Water Watch
drought map shows
moderate drought
conditions.

Level 1 Water Supply
Shortage measures
listed on Section VIII
including limiting water
days to three days per
week and obligation to
fix leaks within 72 hours

DWR Water Watch
drought map shows a
moderate water
shortage has ceased to
exist for 10 consecutive
days
Stage 3

SIGNIFICANT
Up to 30% DWR Water Watch
drought map shows
severe conditions.

Level 2 Water Supply
Shortage measures
listed on Section VIII
including limiting water
days to two days per
week, obligation to fix
leaks within 48 hours,
limits on pool and pond
filling and washing
vehicles.

DWR Water Watch
drought map shows a
severe water shortage
has ceased to exist for
10 consecutive days
Stage 4
SEVERE
Up to 40% DWR Water Watch
drought map shows an
extreme water
shortage.

DWR Water Watch
drought map shows an
extreme water shortage
has ceased to exist for
10 consecutive days
Stage 5

CRITICAL
Up to 50% DWR Water Watch
drought map shows an
exceptional water
shortage.

Level 3 Water Supply
Shortage measures
listed on Section VIII
including no watering or
irrigating, obligation to
fix leaks within 24
hours, no new potable
water service, limits on
building permits, limits
on pool and pond filling
and washing vehicles.

DWR Water Watch
drought map shows an
exceptional water
shortage has ceased to
exist for 10 consecutive
days
273Exhibit 2

Water Shortage Contingency Plan for the City of Bell Gardens Page 6 of 17 Response
Stage
Shortage
Range
Trigger Response Action Termination Action
Stage 6

EMERGENCY
> 50% County, State, or
Federal Water
Shortage Emergency is
declared.

Catastrophic Water
Allocation plan is
implemented as
described in Section
VIII
Health and safety
authorities have
indicated that the water
source and distribution
system is safe.

Section VII: Drought Response Triggers
The drought response triggers and terminations discussed below provide details on when varying levels of drought responses, further discussed in Section VIII, will be implemented and then subsequently terminated. The City Council may choose to make modifications to the triggers and terminations depending on real-time scenarios; however, these response triggers stand in the absence of other City Council decisions.

Stage 1 Triggers -- Water Shortage WARNING Conditions -- City of Bell Gardens Level 1 Shortage
Requirements for initiation
Customers shall be required to comply with the restrictions on certain non-essential water uses provided in Section VIII of this Plan when the DWR Water Watch drought map shows abnormally dry conditions within the City’s zip code. The City initiates a Level 1 Shortage.

Requirements for termination
Stage 1 of the Plan may be rescinded when the DWR Water Watch drought map shows drought conditions within the City’s zip code cease to exist.

Stage 2 Triggers -- Water Shortage MODERATE Conditions -- City of Bell Gardens Level 1 Shortage
Requirements for initiation
Customers shall be required to comply with the restrictions on certain non-essential water uses provided in Section VIII of this Plan when the DWR Water Watch drought map shows moderate drought conditions within the City’s zip code. The City initiates a Level 1 Shortage.

Requirements for termination
Stage 2 of the Plan may be rescinded when all conditions listed as triggering events have ceased to exist for a period of 10 consecutive days; or immediately when any other conditions cease to exist. Upon termination of Stage 2, Stage 1 becomes operative unless otherwise specified.
274Exhibit 2

Water Shortage Contingency Plan for the City of Bell Gardens Page 7 of 17 Stage 3 Triggers – SIGNIFICANT Water Shortage Conditions -- City of Bell Gardens Level 2 Shortage
Requirements for initiation
Customers shall be required to comply with the restrictions on certain non-essential water uses provided in Section VIII of this Plan when DWR’s California Water Watch drought maps shows severe drought conditions within the City’s zip code. The City initiates a Level 2 Shortage.

Requirements for termination
Stage 3 of the Plan may be rescinded when all conditions listed as triggering events have ceased to exist for a period of 10 consecutive days; or immediately when any other conditions cease to exist. Upon termination of Stage 3, Stage 2 becomes operative unless otherwise specified.

Stage 4 Triggers -- SEVERE Water Shortage Conditions -- City of Bell Gardens Level 2 Shortage
Requirements for initiation
Customers shall be required to comply with the restrictions on certain non-essential water uses provided in Section VIII of this Plan when DWR’s California Water Watch drought maps shows extreme drought conditions within the City’s zip code. The City initiates a Level 2 Shortage.

Requirements for termination
Stage 4 of the Plan may be rescinded when all conditions listed as triggering events have ceased to exist for a period of 10 consecutive days; or immediately when any other conditions cease to exist. Upon termination of Stage 4, Stage 3 becomes operative unless otherwise specified.

Stage 5 Triggers -- CRITICAL Water Shortage Conditions -- City of Bell Gardens Level 3 Shortage
Requirements for initiation
Customers shall be required to comply with the restrictions on certain non-essential water uses provided in Section VIII of this Plan when DWR’s California Water Watch drought maps shows exceptional drought conditions within the City’s zip code. The City initiates a Level 2 Shortage.
275Exhibit 2

Water Shortage Contingency Plan for the City of Bell Gardens Page 8 of 17 Requirements for termination
Stage 5 of the Plan may be rescinded when all when all conditions listed as triggering events have ceased to exist for a period of 10 consecutive days; or immediately when any other conditions cease to exist. Upon termination of Stage 5, Stage 4 becomes operative unless otherwise specified.

Stage 6 Triggers – EMERGENCY Water Shortage Conditions -- City of Bell Gardens Level 3 Shortage
Requirements for initiation
Customers shall be required to comply with the restrictions on certain non-essential water uses provided in Section VIII of this Plan when the County, State or Federal Drought Emergency is declared. The City initiates a Level 3 Shortage. Triggers may also include earthquakes resulting in significant infrastructure damage, emergency conservation needed for fire protection, or other actual or threatened catastrophic water infrastructure failure as determined by the City Manager, or designee.

Requirements for termination
Stage 6 of the Plan may be rescinded when all the conditions listed as triggering events have ceased to exist and coordination with the health and safety authorities have indicated that the water source and distribution system is safe. Upon termination of Stage 6, Stage 5 becomes operative unless otherwise specified.

Section VIII: Drought Response Stages and Actions
The City Manager, or designee, shall monitor water supply and/or demand conditions on a monthly basis and, in accordance with the triggering criteria set forth in Section IX of this Plan, shall determine if a water shortage condition exists and the severity of any such water shortage conditions and shall implement the following notification procedures accordingly:

Notification
Description of Customer Notification Methods:

The City Manager, or designee, shall notify the public by means of one of the following Methods:
· Notice on the City of Bell Gardens website and social media outlets · Notice in local newspapers and joint messaging with the City’s water system operator (currently Liberty Utilities)
· Water bill inserts
· County Emergency Messaging text alert
276Exhibit 2

Water Shortage Contingency Plan for the City of Bell Gardens Page 9 of 17 Prepared materials from Department of Water Resources, “Save Our Water Toolkit”, may be used as drought communication tools with the City of Bell Gardens logo added. The link for these materials is provided below:
https://saveourwater.com/en/Partner-Toolkit
Public Safety Contacts:

The City Manager, or designee, shall directly notify the following individuals and entities of restrictions and water shortages, as defined in the subsections below, as appropriate for each response stage.

Organization or
Department Name & Position Telephone Email
L.A. County Fire
Department, Fire
Station 39

Jesse Vasquez,
Fire Captain

562-927-1211 [email protected]
L.A. County Office of
Emergency Services

Emergency
Coordinator

323-980-2260 [email protected]
L.A. County Public
Health,
Environmental Health
Drinking Water
Program
Environmental
Health
Specialist
626-430-5420 [email protected]

L.A. County Public
Health
Barbara Ferrer,
County Public
Health Director
888-700-9995 [email protected]

CalWARN Region IV Brandy Hancocks,
Region IV Contact 916-853-3639

[email protected]

State Water Board District
Engineer
Terry Kim,
District Engineer 818-551-2004 [email protected]

Drought Responses Actions:

In addition to the Drought Response Stages detailed below, the Metropolitan Water District has a continuously running rebate program (SoCal Water$mart) to create water-efficient homes and landscapes. Program highlights include:

· Turf conversion rebates; currently $3 per square foot · High-efficiency toilet rebates; currently $40 per toilet · High-efficiency sprinkler nozzle rebate; currently $2 per nozzle

277Exhibit 2

Water Shortage Contingency Plan for the City of Bell Gardens Page 10 of 17 Details of the Metropolitan Water District’s rebate program can be found at socalwatersmart.com and will be included in all Drought Response messaging.

Permanent Water Conservation Requirements
The following water conservation requirements are effective at all times and are permanent:

1. Limits on Watering Hours. Watering or irrigating of lawn, landscape or other vegetated area with potable water is prohibited between the hours of 10:00 a.m. and one hour before sunset Pacific Standard Time on any day, except by use of a hand-held bucket or similar container, a hand-held hose equipped with a positive self-closing water shut-off nozzle or device, or for very short periods of time for the express purpose of adjusting or repairing an irrigation system. Lawns or other irrigated areas shall not be watered more frequently than every other day. Odd-numbered street-addressed properties may water on odd-numbered dates. Even- numbered street-addressed properties may only do so on even-numbered dates. All irrigated areas may be watered on the thirty-first of the month. The provisions of this subsection shall not apply to restrict watering of newly seeded or reseeded lawns, nor to prohibit drip irrigation systems.

2. Limit on Watering Duration. Watering or irrigating of lawn, landscape or other vegetated area with potable water using a landscape irrigation system or a watering device that is not continuously attended is limited to no more than 15 minutes’ watering per day per station.

This subsection does not apply to landscape irrigation systems that exclusively use very low- flow drip type irrigation systems when no emitter produces more than two gallons of water per hour or weather-based controllers or stream rotor sprinklers that meet a 70 percent efficiency standard.

3. No Excessive Water Flow or Runoff. Watering or irrigating of any lawn, landscape or other vegetated area in a manner that causes or allows excessive water flow or runoff onto an adjoining property, or non-landscaped areas such as sidewalk, driveway, street, alley, gutter or ditch, is prohibited.

4. No Washing Down Hard or Paved Surfaces. Washing down hard or paved surfaces, including but not limited to sidewalks, walkways, driveways, parking areas, tennis courts, patios or alleys, is prohibited except when necessary to alleviate safety or sanitary hazards, and then only by use of a hand-held bucket or similar container, a hand-held hose equipped with a positive self-closing water shut-off device, a low-volume, high-pressure cleaning machine equipped to recycle any water used, or a low-volume, high-pressure water broom. Should the use of water for wash-down have to do with an immediate fire or sanitation hazard, written permission shall have been obtained from the fire department, the health department or the building department.

5. Obligation to Fix Leaks, Breaks or Malfunctions. Excessive use, loss or escape of water through breaks, leaks or other malfunctions in the water user’s plumbing or distribution system 278Exhibit 2

Water Shortage Contingency Plan for the City of Bell Gardens Page 11 of 17 for any period of time after such escape of water should have reasonably been discovered and corrected, and in no event more than seven days of receiving notice from the city, is prohibited.

6. Recirculating Water Required for Water Fountains and Decorative Water Features. Operating a water fountain or other decorative water feature that does not use recirculated water is prohibited.

7. Limits on Washing Vehicles. Using water to wash or clean a vehicle, including but not limited to any automobile, truck, van, bus, motorcycle, boat or trailer, whether motorized or not, is prohibited, except by use of a hand-held bucket or similar container or a hand-held hose equipped with a positive self-closing water shut-off nozzle or device. This subsection does not apply to any commercial car washing facility with an on-site water recycling system.

Commercial vehicle washing establishments that do not have on-site water recycling for reuse systems shall meet with City staff to work out a satisfactory schedule for the installation of such a system.

8. Drinking Water Served Upon Request Only. Eating or drinking establishments, including but not limited to restaurants, hotels, cafes, cafeterias, bars, or other public places where food or drinks are sold, served, or offered for sale, are prohibited from providing drinking water to any person unless expressly requested by the person.

9. Commercial Lodging Establishments Must Provide Guests Option to Decline Daily Linen Services. Hotels, motels and other commercial lodging establishments must provide customers the option of not having towels and linen laundered daily. Commercial lodging establishments must prominently display notice of this option in each bathroom using clear and easily understood English and Spanish languages.

10. No Installation of Single Pass Cooling Systems. Installation of single pass cooling systems is prohibited in buildings requesting new water service.

11. No Installation of Nonrecirculating Water Systems in Commercial Car Wash and Laundry Systems. Installation of nonrecirculating water systems is prohibited in new commercial conveyor car wash and new commercial laundry systems.

12. Restaurants Required to Use Water Conserving Dish W ash Spray Valves. Food preparation establishments, such as restaurants or cafes, are prohibited from using non-water-conserving dish wash spray valves.

13. Commercial Car Wash Systems. Effective on January 1, 2011, all commercial car wash systems must have installed operational recirculating water systems, or must have secured a waiver of this requirement and/or an extension of time for installation from the city.

14. Limits on Construction Meters. Construction meters used for irrigation shall not be used 279Exhibit 2

Water Shortage Contingency Plan for the City of Bell Gardens Page 12 of 17 between 10:00 a.m. and one hour before sunset.

15. Limits on Filling or Refilling of Private Swimming Pools, Spas, Ponds and Artificial Lakes.

Filling or refilling of private swimming pools, spas, ponds and artificial lakes is prohibited between 10:00 a.m. and one hour before sunset. Swimming pools and spas should be equipped with covers to minimize evaporation and such covers should be used not less than five days a week unless the facility is in use.

Level 1 Water Supply Shortage Response Actions
Target: Achieve a 10-20% percent reduction in total monthly water usage.

Upon the declaration by the City of a Level 1 water supply shortage condition the City will implement the mandatory Level 1 conservation measures identified in this section. Level 1 corresponds to California's Stage 1 Water Shortage WATCH and Stage 2 Water Shortage WARNING conditions.

Additional Water Conservation Measures. In addition to the prohibited uses of water identified in the City of Bell Gardens Municipal Code 11.03.060, the following water conservation requirements apply during a declared Level 1 water supply shortage:

1. Limits on Watering Days. Watering or irrigating of lawn, landscape or other vegetated area with potable water is limited not to exceed three days per week on a schedule established and posted by the city. During the months of November through March, watering or irrigating of lawn, landscape or other vegetated area with potable water is limited to no more than one day per week on a schedule established and posted by the city. This provision does not apply to landscape irrigation zones that exclusively use very low-flow drip type irrigation systems when no emitter produces more than two gallons of water per hour. This provision also does not apply to watering or irrigating by use of a hand-held bucket or similar container, a hand-held hose equipped with a positive self-closing water shut-off nozzle or device, or for very short periods of time for the express purpose of adjusting or repairing an irrigation system.

2. Obligation to Fix Leaks, Breaks or Malfunctions. All leaks, breaks, or other malfunctions in the water user’s plumbing or distribution system must be repaired within 72 hours of notification by the City unless other arrangements are made with the city.

Level 2 Water Supply Shortage Response Actions
Target: Achieve a 30-40% percent reduction in total monthly water usage.

Upon the declaration by the City of a Level 2 water supply shortage condition, the City will implement the mandatory Level 2 conservation measures identified in this section. Level 2 corresponds to California's Stage 3 ACUTE Water Shortage conditions and Stage 4 CRITICAL 280Exhibit 2

Water Shortage Contingency Plan for the City of Bell Gardens Page 13 of 17 Water Shortage conditions.

Additional Conservation Measures. In addition to the prohibited uses of water identified in the City of Bell Gardens Municipal Code 11.03.060 and 11.03.070, the following additional water conservation requirements apply during a declared Level 2 water supply shortage:

1. Limits on Watering Days. Watering or irrigating of lawn, landscape or other vegetated area with potable water is limited not to exceed two days per week on a schedule established and posted by the city. During the months of November through March, watering or irrigating of lawn, landscape or other vegetated area with potable water is limited to no more than one day per week on a schedule established and posted by the city. This provision does not apply to landscape irrigation zones that exclusively use very low-flow drip type irrigation systems when no emitter produces more than two gallons of water per hour. This provision also does not apply to watering or irrigating by use of a hand-held bucket or similar container, a hand-held hose equipped with a positive self-closing water shut-off nozzle or device, or for very short periods of time for the express purpose of adjusting or repairing an irrigation system.

2. Obligation to Fix Leaks, Breaks or Malfunctions. All leaks, breaks, or other malfunctions in the water user’s plumbing or distribution system must be repaired within 48 hours of notification by the City unless other arrangements are made with the City.

3. Limits on Filling Ornamental Lakes or Ponds. Filling or refilling of ornamental lakes or ponds is prohibited, except to the extent needed to sustain aquatic life; provided, that such aquatic life are of significant value and have been actively managed within the water feature prior to declaration of a supply shortage level.

4. Limits on Washing Vehicles. Using water to wash or clean a vehicle, including but not limited to any automobile, truck, van, bus, motorcycle, boat or trailer, whether motorized or not, is prohibited except by use of a hand-held bucket or similar container, a hand-held hose equipped with a positive self-closing water shut-off nozzle or device, by high pressure/low volume wash systems, or at a commercial car washing facility that utilizes a recirculating water system to capture or reuse water.

5. Limits on Filling Residential Swimming Pools and Spas. Refilling of more than one foot and initial filling of residential swimming pools or outdoor spas with potable water is prohibited.

Level 3 Water supply shortage – Emergency Condition Response Actions Target: Achieve a 50+% percent reduction in total monthly water usage.

Upon the declaration of a Level 3 water supply shortage condition, the City will implement the mandatory Level 3 conservation measures identified in this section. Level 3 corresponds to California's Stage 5 EMERGENCY Water Shortage and Stage 6 CATASTROPHIC Water Shortage conditions.
281Exhibit 2

Water Shortage Contingency Plan for the City of Bell Gardens Page 14 of 17

Additional Conservation Measures. In addition to the prohibited uses of water identified in the City of Bell Gardens Municipal Code 11.03.060, 11.03.070 and 11.03.080, the following water conservation requirements apply during a declared Level 3 water supply shortage emergency:

1. No Watering or Irrigating. Watering or irrigating of lawn, landscape or other vegetated area with potable water is prohibited. This restriction does not apply to the following categories of use, unless the City has determined that recycled water is available and may be applied to the use:

a) Maintenance of vegetation, including trees and shrubs, that are watered using a hand- held bucket or similar container, hand-held hose equipped with a positive self-closing water shut-off nozzle or device;
b) Maintenance of existing landscape necessary for fire protection; c) Maintenance of existing landscape for soil erosion control; d) Maintenance of plant materials identified to be rare or essential to the well-being of protected species;
e) Maintenance of landscape within active public parks and playing fields, day care centers, golf course greens, and school grounds; provided, that such irrigation does not exceed two days per week according to the schedule established in BGMC

11.03.080(B)(1) and time restrictions in BGMC 11.03.060(A) and (B)(1); f) Actively irrigated environmental mitigation projects.

2. Obligation to Fix Leaks, Breaks or Malfunctions. All leaks, breaks, or other malfunctions in the water user’s plumbing or distribution system must be repaired within 24 hours of notification by the City unless other arrangements are made with the city.

3. No New Potable Water Service. Upon declaration of a Level 3 water supply shortage emergency condition, no new potable water service will be provided, no new temporary meters or permanent meters will be provided, and no statements of immediate ability to serve or provide potable water service (such as will-serve letters, certificates, or letters of availability) will be issued, except under the following circumstances:

a) A valid, unexpired building permit has been issued for the project; or b) The project is necessary to protect the public health, safety, and welfare; or c) The applicant provides substantial evidence of an enforceable commitment that water demands for the project will be offset prior to the provision of a new water meter(s) to the satisfaction of the City.

This provision does not preclude the resetting or turn-on of meters to provide continuation of water service or the restoration of service that has been interrupted for a period of one year 282Exhibit 2

Water Shortage Contingency Plan for the City of Bell Gardens Page 15 of 17 or less; or

4. Limits on Building Permits. The City will limit or withhold the issuance of building permits which require new or expanded water service, except to protect the public health, safety and welfare, or in cases which meet the city’s adopted conservation offset requirements.

5. Discontinue Service. The city, in its sole discretion, may order a water purveyor in the City to discontinue service to a water user who willfully violates mandatory water use restrictions.

CATASTROPHIC Water Allocation Plan
In the event that water shortage conditions threaten public health, safety, and welfare, the City Manager, or designee, is hereby authorized to allocate water according to the following water allocation plan:

Single-Family Residential Customers

The allocation to residential water customers residing in a single-family dwelling shall be as follows:

Persons per Household Gallons per Month
1 or 2 1,460 – 2,920
3 or 4 4,380 – 5,840
5 or 6 7,300 – 8,760
7 or greater Requires written verification of any household usage greater than 9,000 gallons per month.

Allowable usage will be calculated using 47
gallons per person per day.

“Household” means the residential premises served by the customer’s meter. The above is based on 471 gallons per person per day with all outdoor uses prohibited except by public safety officers (e.g. fire personnel, etc.)

Additional decreases to the table may be required for short-term emergency response to earthquakes, fires, etc. Any short-term decrease (defined as less than 72 hours) will be determined by the City Manager along with provision for alternative water supplies for any period of water outage greater than 10 hours. Any conservation decreases to below 47 gallons per person per day, for greater than 72 hours, requires a properly noticed board meeting (regular or special) for public input and Board adoption.

Master-Metered Multi-Family Residential Customers

1 Based on Water Code Section 10609.4 for standard indoor residential water use starting in 2025. 283Exhibit 2

Water Shortage Contingency Plan for the City of Bell Gardens Page 16 of 17

The allocation to residential water customers billed from a master meter which jointly measures water to multiple permanent residential dwelling units (e.g., apartments, mobile homes, etc.) shall be allocated the same as single-family residential customers.

Commercial Customers

A monthly water allocation shall be established by the City Manager, or designee, for each nonresidential, non-industrial commercial water customer who uses water for processing purposes. The allocation to nonresidential, non-industrial commercial water customers shall be as follows: 40% of monthly water usage and no irrigation.

Section IX: Enforcement
Any violation of the of shortage requirements may be prosecuted as a misdemeanor punishable by imprisonment in the county jail for not more than 30 days, or by a fine not exceeding $1,000, or by both.

Penalties for failure to comply with any provisions of the water shortage requirements are as follows:

1. First Violation. The City will issue a written warning and deliver a copy of the mandatory water shortage requirements by United State Postal Service first class (USPS) mail.

2. Second Violation. A second violation within the following 12 calendar months of the first violation is punishable by a fine not to exceed $100.00.

3. Third Violation. A third violation within the following 12 calendar months of the first violation is punishable by a fine not to exceed $250.00.

4. Fourth and Subsequent Violations. A fourth violation in the following 12 calendar months of the first violation and any subsequent violation is punishable by a fine not to exceed $500.00.

a) Water Flow Restrictor. In addition to any fines, the City may cause to be installed a water flow restrictor device of approximately one gallon per minute capacity for service pipe up to one and one-half inch size and comparatively sized restrictors for larger services after written notice of intent to install a flow restrictor for a minimum of 48 hours.

5. Discontinuing Service. In addition to any fines and the installation of a water flow restrictor, the City may cause the disconnection of a customer’s water service for willful violations of mandatory restrictions.

Section X: Waivers
The City Manager, or designee, may grant a temporary waiver for existing water uses otherwise prohibited under this Plan if it is determined that failure to grant such waiver would cause an 284Exhibit 2

Water Shortage Contingency Plan for the City of Bell Gardens Page 17 of 17 emergency condition adversely affecting the health, sanitation, or fire protection for the public.

The waiver may be granted or conditionally granted only upon a written finding of the existence of facts demonstrating an undue hardship to a person using water or to property upon which water is used, that is disproportionate to the impacts to water users generally or to similar property or classes of water use due to specific and unique circumstances of the user or the user’s property.

1. Application. Application for a waiver must be on a form prescribed by the City and accompanied by a nonrefundable processing fee in an amount set by the City Council resolution.

2. Supporting Documentation. The application must be accompanied by photographs, maps, drawings, and other information, including a written statement of the applicant.

3. Required Findings for Waiver. An application for a waiver will be denied unless the director of public works finds, based on the information provided in the application, supporting documents, or such additional information as may be requested, and on water use information for the property as shown by the records of the water purveyor, all of the following:

a) That the waiver does not constitute a grant of special privilege inconsistent with the limitations upon other properties and businesses;
b) That because of special circumstances applicable to the property or its use, the strict water shortage requirements would have a disproportionate impact on the property or use that exceeds the impacts to properties and businesses generally; c) That the authorizing of such waiver will not be of substantial detriment to adjacent properties, and will not materially affect the ability of the City to effectuate the purpose of the water shortage requirements and will not be detrimental to the public interest; and d) That the condition or situation of the subject property or the intended use of the property for which the waiver is sought is not common, recurrent or general in nature. e) That the water user has demonstrated that he or she, prior to the water shortage, has taken effective measures for purposes of water conservation.

4. Approval Authority. The Director of Public Works/Facilities must act upon any completed application no later than 10 days after submittal and may approve, conditionally approve, or deny the waiver. The applicant requesting the waiver must be promptly notified in writing of any action taken. Unless specified otherwise at the time a waiver is approved, the waiver will apply to the subject property during the period of the mandatory water supply shortage condition. The decision of the director of public works will be final, except that the applicant may file a written appeal to the City Council. The City Manager, after due process, may grant, deny or grant with conditions the appeal.
285Exhibit 2

CIT Y OF BE LL GARDENS

O F F I C E O F T HE C I T Y M ANAG E R

AG E ND A RE P O RT
I tem 12.

T O:Honorable Mayor and C ity C ouncil Members
F RO M : Michael B. O'Kelly, City Manager
B Y:Michael B. O'Kelly, City Manager
J ennifer Pineda, Executive A ssistant
S UB J E C T:A RE S O L UT I O N IN S UP P O RT O F M E AS URE G F O R A M O RE AC C O UNTAB L E ,

T RANS PARE NT, AND RE P RE S E NTAT I V E L O S ANG E L E S C O UNT Y G O V E RNM E NT D AT E:October 14, 2024
RE C O M M E ND AT IO N:

I t is staf f 's recommendation that the City Council:

1. Adopt the attached Resolution supporting the L os A ngeles C ounty G overnment S tructure, Ethics A nd Accountability C harter A mendment, Measure G; or

2. R eceive and file.

B AC K G RO UND/D IS C US S I O N:

T he structure of L os A ngeles County’s government has largely remained unchanged since 1912, when voters approved the county's current charter. D uring that time, L os Angeles C ounty was comprised of 500,000 residents which dif f ers from today, with a population of 10 million making it the most populous county in the United S tates. L os Angeles C ounty is governed by f ive elected supervisors, each responsible for approximately two million constituents. These supervisors manage a wide array of duties, including overseeing policies related to public health, social services, jails, and transportation.

I n light of the need f or structural changes and more ef f ective representation f or the county’s diverse population, Measure G will appear on the November 2024 ballot as part of L os A ngeles County's "good government" ref orm initiative.

Official title on the November ballot: L os A ngeles County Government Structure, Ethics A nd A ccountability C harter A mendment

“S hall the measure amending the L os Angeles C ounty Charter to create an elected County Executive; create an independent E thics Commission to increase restrictions on lobbying and investigate misconduct; establish a nonpartisan L egislative A nalyst to review proposed County policies; increase the B oard of Supervisors f rom five to nine elected members; require County departments to present annual budgets in public meetings; using existing f unding sources with no additional taxes to implement, as detailed in the charter amendment ordinance, be adopted? S upporters: None submitted. Opponents: L A County F iref ighters & S heriffs; C ommunity C oalition; L A C ounty S upervisors Kathryn B arger & Holly J . Mitchell”

Me asure G Ov erview:

Measure G is a proposed amendment to the Los Angeles County Charter aimed at reforming the county’s governance structure. Key reforms include:
286

T he creation of an elected County Executive.

T he establishment of an independent Ethics Commission to oversee lobbying activities and investigate misconduct.

T he appointment of a nonpartisan Legislative Analyst to review and evaluate county policies.

An increase in the number of elected Supervisors from five to nine, improving representation for the county's large population.

A requirement for county departments to publicly present annual budgets.

T he measure specifies that these changes will be implemented using existing funding sources, without the need for additional taxes.

Support:

Measure G has garnered support from a broad coalition, as claimed by the “Yes on G” campaign. Supporters include a variety of community leaders, labor unions, civil rights organizations, and elected officials.

Supervisors Lindsey Horvath and Janice Hahn proposed the reform measure. T hey have called the county “an anomaly,” given that it has five board members representing such an enormous population. Horvath and Hahn have said county residents “suffer deficits of representation and accountability.”

Notable supporte rs (as liste d on Yes on G Website ) include:

U.S. Congressmembers Adam Schiff, Judy Chu, Tony Cardenas, Robert Garcia, Ted Lieu, Brad Sherman, and others.

California Lieutenant Governor Eleni Kounalakis, State Superintendent of Public Instruction Tony T hurmond, and several California State Senators and Assemblymembers.

Local government leaders, such as Supervisors Lindsey Horvath, Hilda Solis, and Janice Hahn, as well as various city councilmembers and mayors across Los Angeles County.

Opposition:

Opposition to Measure G includes Los Angeles County Supervisors Kathryn Barger and Holly J. Mitchell, both of whom abstained from voting to place the measure on the ballot. Supervisor Barger has raised concerns that making the CE O position an elected role could politicize the role, which she believes should remain impartial and nonpartisan. Supervisor Mitchell has expressed worries about the potential fiscal impact of implementing the measure's reforms.

As of September 2024, no formal "No on G" campaign has been organized.

C O NC L US I O N:

Measure G of f ers key ref orms to modernize L os A ngeles County’s governance, aiming to improve representation, oversight, and accountability. S taff recommends that the City Council either adopt the resolution supporting Measure G or receive and file.

F I S C AL I M PAC T:

None.

AT TAC HM E NT S :

D escription
Exhibit 1 - Resolution No. 2024-84
Exhibit 2 - County Measure G Proposed C harter A mendment AP P RO V E D E L E C T RO NI C AL LY B Y:
287

Michael B . O'K elly, C ity Manager
S tephanie Vasquez, City Attorney and/or Susie A ltamirano, Assistant City Attorney Manuel Carrillo, Director of F inance and Administrative Services 288

RESOLUTION NO. 2024-84

A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF BELL

GARDENS, CALIFORNIA, AFFIRMING SUPPORT OF MEASURE G FOR

A MORE ACCOUNTABLE, TRANSPARENT, AND REPRESENTATIVE

LOS ANGELES COUNTY GOVERNMENT
WHEREAS, the governance structure of Los Angeles County has remained unchanged since 1912, a time when the population was approximately 500,000 residents and before women were granted the right to vote; and

WHEREAS, today, Los Angeles County is the most populous county in the nation, with over 10 million residents, and is served by only five elected supervisors, each representing approximately two million constituents; and

WHEREAS, the current structure limits the ability of the Board of Supervisors to be fully responsive to the diverse needs and challenges faced by communities across the County; and

WHEREAS, reforming Los Angeles County’s governance structure is necessary to address the region’s most pressing issues and to ensure a County government that is truly accountable, transparent, and representative; and

WHEREAS, on July 30th, 2024, Measure G, a comprehensive governance reform package, was placed on the November 2024 ballot by the Los Angeles County Board of Supervisors; and

WHEREAS, Measure G proposes to create an independent Ethics Commission, establish the position of an elected County Executive, and expand the Board of Supervisors, among other reforms; and

WHEREAS, the establishment of an independent Ethics Commission will enhance transparency, build public trust, and combat corruption within the County’s governance; and

WHEREAS, the creation of an elected County Executive will provide necessary checks and balances, improve the efficiency of County operations, and ensure that the management of the County’s budget is accountable to the public; and

WHEREAS, expanding the Board of Supervisors from five to nine members will allow for more diverse voices to be heard and will increase the accessibility of Supervisors to the communities they represent; and
289Exhibit 1

Resolution No. 2024-84
2 of 4

WHEREAS, additional reforms in Measure G include the creation of a commission to review the County Charter every ten years, the establishment of a Department of Budget and Management and a County Legislative Analyst, the requirement for open budget hearings by departments annually, and the formation of a task force comprised of members of the public to oversee the implementation of these reforms; and

WHEREAS, Measure G represents a once-in-a-generation opportunity to bring necessary structural changes to Los Angeles County’s government and to ensure that it can effectively address issues such as homelessness, public safety, social services, and meaningful public engagement.

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

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

SECTION 2. The City Council of the City of Bell Gardens stands with the communities of Los Angeles County in calling for a government that is more accountable, transparent, representative, and that is capable of effectively addressing the challenges of the 21st century.

SECTION 3. The City Council of the City of Bell Gardens strongly supports Measure G and urges the voters of Los Angeles County to approve these critical reforms on the ballot in November 2024.

290Exhibit 1

Resolution No. 2024-84
3 of 4

PASSED, APPROVED and ADOPTED this 14th day of October 2024.

THE CITY OF BELL GARDENS

Gabriela Gomez, Mayor

APPROVED AS TO FORM: ATTEST:

Stephanie Vasquez Daisy Gomez
City Attorney City Clerk

[Signatures on the following page]

291Exhibit 1

Resolution No. 2024-84
4 of 4

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:

292Exhibit 1

293Exhibit 2

CIT Y OF BE LL GARDENS

O F F I C E O F T HE C I T Y M ANAG E R

AG E ND A RE P O RT
I tem 13.

T O:Honorable Mayor and C ity C ouncil Members
F RO M : Michael B. O'Kelly, City Manager
B Y:Gustavo J . Romo, D eputy C ity Manager/Community D evelopment Director S UB J E C T:RE P O RT O F RE S P O NS I V E AC T IO N UP D AT E O N M O B I L E HO M E PARK C O M P L AI NT D AT E:October 14, 2024
RE C O M M E ND AT IO N:

I t is staf f 's recommendation that the City Council receive and f ile this report.

B AC K G RO UND/D IS C US S I O N:

At the regularly scheduled C ity C ouncil meeting of September 23, 2024, the City C ouncil directed staf f to look into an odor complaint brought during public comment by multiple residents at a mobilehome park. Table No. 1 provides an outline of all actions taken by staf f of multiple C ity departments.

Table No. 1 – Responsive A ctions Taken

Action L og
D ate Action Taken
J uly 17, 2023
F irst complaint f iled with City f or odor, f eces, and an excessive number of pets.

C ode E nf orcement Officer (C E O) Galindo went to the site but was not granted f ull access, and as the complaints are located within a mobilehome park, S taff consulted with the C alif ornia Department of Housing and Community
D evelopment (HC D ) Mobilehome Park D ivision, as these locations are under the purview of the State.

August 8, 2023
Housing S pecialist I I Veronica J aramillo and Housing Specialist I R osario Quirarte arrived at the site and received and reported several verbal complaints f rom tenants of the mobile home park.

S eptember 23, 2024
Bell Gardens P olice D epartment received a dispatch from several concerned citizens. A t about 7:54pm P olice Officer Mariano (#623) responded to the location and noted that the resident(s) appeared in good health but was not granted access. Of f icer Mariano indicated that the owner admitted to four dogs on site; Officer Mariano contacted A dult
Protective S ervices and a report was generated, as the Officer noted severe odor; additionally, Of f icer Mariano contacted S E A C C A and informed them of his observations.

No known on-site visit f rom this agency is noted.

294

C ode E nf orcement was notified.

S eptember 24, 2024
Pursuant the notif ication of the B ell Gardens Police D epartment, C E O Galindo (re)-visited the site and left a door hanger notice with instructions to make contact. Two S E A C C A of f icers (Torres and Wright) attended the site visit with C E O Galindo and attempted to contact the unit owner to no avail. T hey observed a strong odor and identif ied the odor as coming from dogs. S E A C C A officers indicated they would file a report and would attempt to contact the owner again. S E A C C A officers recommended the C ity file a warrant to enter the premises; however, Of f icer Galindo and C ode S upervisor George S uarez stated the warrant should be coming f rom S E A C C A since it is an animal issue and the City has no probable cause to issue a warrant.

S eptember 25, 2024
C E O Galindo issued a f ormal citation to the tenant(s) and the property owner for municipal code violations including an excessive number of dogs observed, with a recommended
seven (7)-day remediation period to abate the violation by October 2, 2024.

October 1, 2024
Team meeting held to assess all actions taken up to that point and to determine alternative collaboration opportunities and potential resolution.

October 1, 2024
Housing Manager Mayra Garcia, Specialist I I J aramillo and Housing I nspector S ophia L u visited the site.

No contact with the cited tenant(s) could be made, despite multiple ef f orts of knocking. C hains were observed and the knocking was loud enough to provoke the barking of dogs and to draw the attention of neighbors, who in turn came out to speak to the staff to share concerns over the site’s saf ety and blocked access, and the strong odor emanating from
the site and a specif ic unit. Team noted the strong odors emanating from the site and the substandard condition
throughout the park.

Specialist I I J aramillo filed a report and request to investigate with a confirmed receipt of 10/01/2024 at
13:01:32 to the L os Angeles C ounty Aging and Disabilities D epartment f or the at-risk situation believed to involve older and/or dependent adults.

Associate Planner Mona Mossayeb emailed HC D
I nspector to schedule team visit to the site. No response has been received to date.

October 1, 2024
Associate Planner Mona Mossayeb compiled C ommunity
D evelopment Department and Bell Gardens P olice
D epartment activities provided f rom C E O Galindo and C aptain Musquiz and P olice Officer Mariano.

October 2, 2024
C E O Galindo conducted a follow up at the completion of the initial remediation period to abate and determined that a formal administrative citation would be required to be issued to the property owner (and escalated until violation is 295

addressed).

October 3, 2024 C E O Galindo caused an administrative citation to be mailed to the property owner on f ile.

October 7, 2024 Associate Planner Mona Mossayeb coordinated HC D I nspector and city staff team visit to the site, T B D .

October 9, 2024
C ity staf f contacted HC D representative A nnie S atrellano by phone to discuss park issues. S he was brief ed on the past and present concerns and informed that city staf f has been attempting to reach the state MHP inspector Kevin Hootman from R iverside of f ice but has not received a call back or email response. A nnie inf ormed staff that she will work on this and get back to us as soon as possible.

C O NC L US I O N:

T he Code E nforcement D ivision has two enforcement programs to manage private property violations: P roperty Maintenance and P roperty Rehabilitation. T hrough the maintenance program, staf f will continue efforts to reach the property owner and tenant(s) to resolve concerns at the site. An administrative citation contains a reasonable deadline f or any requested corrections to abate violations and an order prohibiting continued or repeat occurrences.

C ertain violations of the B ell G ardens Municipal C ode (B G MC) are subject to the appealable collection of administrative fines for f ailure to comply. T hese f ines could include daily and separate offenses prior to referral to the C ity’s Prosecutor. I f prosecution becomes necessary after all administrative processes have been exhausted, the L os A ngeles S uperior Court (Downey B ranch) is the judicial location f or the City. T he D owney Branch administers justice f or citywide violations of C ity ordinances that could order further penalties or forced compliance.

After a consultation and site visit with HC D and C ounty agencies, the tenants and property owner(s) could be presented with comprehensive lists of resources to facilitate B G MC violation abatement within a reasonable time and before costly prosecutorial services are required and rendered.

Staf f recommends receiving and filing this report.

F I S C AL I M PAC T:

None at this time.

AP P RO V E D E L E C T RO NI C AL LY B Y:

Michael B . O'K elly, C ity Manager
S tephanie Vasquez, City Attorney and/or Susie A ltamirano, Assistant City Attorney Manuel Carrillo, Director of F inance and Administrative Services 296

Ordinance No. 951
Electronic Display Signs
Planning Commission | March 16, 2011City Council| October 14, 2024

RECOMMENDATION
•Categorical exemption.Determine
•Ordinance No. 951 would add
regulations for electronic
display signs on dispensing
pumps.

Consider
•Waive full reading and
introduce Ordinance No. 951,
by title only.Introduce
City Council| October 14, 2024

BACKGROUND
Permit requests for
electric vehicle
charging stations
(EVCS) with
advertising features
have been received.

Adapting to advancing
technology is essential
today, as it enables
individuals and
businesses to remain
relevant and competitive.

On September 18,
2024, the Planning
Commission
recommended to the
City Council adoption of
Ordinance No. 951.

City Council| October 14, 2024

PROPOSED AMENDMENTS
Definitions.
•“Dispensing Pump”
•“Dispensing pump electronic display”
•“Electronic vehicle charging station” or “charging
station”
Purpose and Intent.
•Ordinance No. 951 outlines regulations for
electronic display signs on dispensing pumps,
emphasizing two key aspects:
•specific development standards and regulations
for electronic display signage in commercial and
industrial zones.
•advertising aligned with community objectives.

City Council| October 14, 2024

GENERAL PLAN CONSISTENCY
Ordinance No. 951 would be consistent with Bell
Gardens General Plan Circulation Element:

Policy M 5.4 - to promote the provision of access
to charging stations in high-traffic areas, such as
commercial corridors and near public facilities.

City Council| October 14, 2024

GENERAL PLAN CONSISTENCY
Ordinance No. 951 would be consistent with
Bell Gardens General Plan Land Use Element:

Policy 3 to enhance the appearance, potential
economic vitality, and area revitalization.

Policy 5 to stimulate local employment,
property values, community stability, and the
economic vitality of existing local businesses.

City Council| October 14, 2024

RECOMMENDATION
•Categorical exemption.Determine
•Ordinance No. 951 would add
regulations for electronic
display signs on dispensing
pumps.

Consider
•Waive full reading and
introduce Ordinance No. 951,
by title only.Introduce
City Council| October 14, 2024

October 14, 2024
1 •In 2021, Governor Newsom signed SB 552
which establishes drought planning
requirements for small water suppliers
(less than 3,000 connections and less than
3,000 acre feet per year).
•The City’s municipal water system has
approximately 1,650 connections and
serves approximately 1,000 acre feet per
year. It is subject to requirements of
SB 552.
2 Requirements under SB 552 include:
•Adoption of an abridged Water
Shortage Contingency Plan.
•Posting the Plan on the City’s website.
•Annual reporting of water supply
conditions and usage by month.
•Upgrading infrastructure to drought-
resilient standards, if needed.
3 •The goal of the Water Shortage Contingency
Plan is to:
•1) help conserve the available water supply; and
•2) protect the integrity of water system’s supply
facilities to minimize the adverse impacts of water
supply shortage.
•Plan will allow the City to implement drought
response stages and actions, depending on the
level of drought conditions, and will allow the
City to be in compliance with requirements of
SB 552.
4 5
The City’s Water Shortage Contingency
Plan includes:
•Elements of public education
•Coordination with regional water
planning groups
•Summary of drought response triggers
•Permanent water conservation
requirements contained in the City’s
Municipal Code, enforcement actions
and waivers from the Plan’s
requirements

6 •Six (6) response triggers varying from Warning to Emergency •Response actions include three (3) Levels of Water Supply Shortage Measures, and limitations on use of water for irrigation and vehicle washing •Level 1 - limits watering lawns to 3 times per week (April to October) and 1 time per week (November to March)•Level 2 - limits watering lawns to 2 times per week (April to October) and 1 time per week (November to March); limits on vehicle washing, limits on filling residential pools and spas•Level 3 – watering lawns and non-athletic fields is prohibited •Response actions are terminated when drought conditions cease to exist based on the DWR Water Watch Drought Map

•It is Staff's recommendation that the City Council adopt the Resolution approving the City of Bell Gardens Municipal Water System Water Shortage Contingency Plan.
7 8

Mobilehome Park Complaint Update
Planning Commission | March 16, 2011City Council| October 14, 2024

HISTORY OF RESPONSIVE ACTIONS
City Council| October 14, 2024
July 17, 2023
Code Enforcement Officer (CEO) went to site and not granted access; consulted California Department of Housing and Community Development (HCD) Mobilehome Park Division.

August 8, 2023
Housing Specialist II and Housing Specialist I received at the site and reported several verbal complaints from tenants.

September 23, 2024
Bell Gardens Police Department received a dispatch and Police Officer responded to the location and noted that the resident(s) appeared in good health, was not granted access. An Adult Protective Services (APS) report was generated; additionally, SEACCA was informed.

September 24, 2024
CEO (re)visited the site and left a door hanger notice.

September 25, 2024
CEO issued a formal citation.

HISTORY OF RESPONSIVE ACTIONS
City Council| October 14, 2024
October 1, 2024
Housing Manager, Specialist II and Housing Inspector visited the site.

Specialist II filed a report and request to investigate with a confirmed receipt of 10/01/2024 at 13:01:32 to APS.

Associate Planner emailed HCD Inspector to schedule team visit to the site, and compiled Community Development Department and Bell Gardens Police Department activities.

October 2, 2024
CEO conducted a follow up, issued a formal administrative citation; and mailed citation on October 3, 2024, to the property owner on file.

October 9, 2024
Staff contacted HCD representative Annie Satrellano to expedite coordination.

October 10, 2024
APS advised that they were not granted access and were advised that the tenant in question is no longer in residence.

CONCLUSION
City Council| October 14, 2024
After a consultation and site visit with HCD and county agencies, the tenants and property owner(s) could be
presented with comprehensive lists of resources to
facilitate BGMC violation abatement within a reasonable time, and before costly prosecutorial services are
required and rendered.

Staff is working towards connecting with the property
owner to present two enforcement programs to assist
with the improvement of the site: Property Maintenance
and Property Rehabilitation.

Bell Gardens City CouncilOctober 14, 2024

Bell Gardens City Council
October 14, 2024