Agenda packet — Bell Gardens City Council, February 24, 2025 (part 1 of 2)

CITY OF BELL GARDENS
AGENDA
City Council / Successor Agency to the Community Development Commission Joint Meeting
Monday, February 24, 2025, 6:00 PM

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

Any person who requires a disability-related modification or accommodation, in order to observe and/or offer public comment may request such reasonable modification, accommodation, aid, or service by contacting the City Clerk's office by telephone at 562-806-7704 or via email to [email protected] no later than 72-hours before the scheduled meeting.

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

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

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

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VIRTUALLY LIVE: Members of the public may participate via Zoom by https://zoom.us/join and entering the Zoom Meeting ID: 813 3236 4343 Passcode: 2021

Comments may also be made via the Zoom app by using the "Raise Hand" feature when it is your turn to speak the host will unmute you. Comments will not be accepted in the QandA Chat function of the zoom app.

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

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

Page

1. CALL TO ORDER

2. INVOCATION

3. PLEDGE OF ALLEGIANCE

4. ROLL CALL OF CITY COUNCIL MEMBERS / SUCCESSOR AGENCY TO THE

COMMUNITY DEVELOPMENT COMMISSION MEMBERS
Marco Barcena, Councilmember / Agency Member
Isabel Guillen, Councilwoman/ Agency Member
Francis De Leon Sanchez, Councilwoman / Agency Member
Miguel De La Rosa, Mayor Pro Tem / Vice Chair
Jorgel Chavez, Mayor / Chair

5. PRESENTATION

5.1 Jose Ariel Camacho Barraza Commemoration and
Celebration Day - February 25th

5.2 Certificate of Recognition - El Jaliscience

5.3 Women's History Month Proclamation

6. PUBLIC HEARING

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6.1 Consideration of Ordinance No. 955 Amending Title 9 (Zoning and Planning Regulations) Bell Gardens Municipal Code to extend Public Noticing for Zoning Ordinances from 10 to 20 days in Compliance with new State Law
RECOMMENDATION: It is staff’s recommendation that the City Council waive full reading and introduce Ordinance No. 955, by title only, amending Title 9 (Zoning and Planning) of the Bell Gardens Municipal Code (BGMC) to amend public noticing provisions for zoning ordinances to comply with State Law.

CONCLUSION: The implementation of Ordinance No. 955 would comply with AB 2904, a state mandate, expanding noticing requirements and promoting public participation.

FISCAL IMPACT: None. State law previously required the City provide a 10 day notice for a public hearing. The proposed Ordinance would be carried out by staff in the normal course of business.

ATTACHMENTS: Exhibit 1- Ordinance No. 955.docx
Exhibit 2- Public Hearing Notice.pdf
10 - 18

7. PUBLIC COMMENTS ON NON-AGENDA ITEMS UNDER THE SUBJECT

MATTER JURISDICTION OF THE CITY COUNCIL / SUCCESSOR AGENCY During this time, the members of the public may address the City Council / Successor Agency regarding any items within the subject matter jurisdiction of the City Council / Successor Agency. Public comments are limited to 3 minutes per person subject to an overall 30-minute period for non-agenda items. Government Code Section 54590 prohibits the City Council / Successor Agency from taking action or engaging in discussion on a specific item unless it appears on the agenda.

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

9. CITY MANAGER'S REPORT

10. CONSENT CALENDAR
All matters listed under the Consent Calendar are considered to be routine and can be acted on by one roll call vote. There will be no separate discussion of these items unless members of the City Council / Successor Agency request specific items to be removed from the Consent Calendar for separate action. Items called for separate discussion will be heard as the next order of business.

10.1 General Motion to Waive Full Reading and Approve 19

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Ordinances by Title Only Pursuant to California Government Code Section 36934 with Support from the Majority of the Legislative Body
RECOMMENDATION: It is staff's recommendation that the City Council approve Ordinances by title only.

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

FISCAL IMPACT: None
ATTACHMENTS: None

10.2 Approval Minutes of February 10, 2025 Closed Session and City Council/Successor Agency - Joint Meeting
RECOMMENDATION: It is staff's recommendation that the City Council approve the minutes of the February 10, 2025, Closed Session and City Council/Successor Agency Joint Meetings.

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

FISCAL IMPACT: None
ATTACHMENTS: Exhibit 1 - City Council / Successor Agency to the Community Development Commission Joint Meeting - Feb 10 2025 - Minutes
Exhibit 2 - City Council Closed Session - Feb 10 2025 - Minutes 20 - 34

10.3 Warrant Register and Wire Transfer
RECOMMENDATION: It is staff's recommendation that the City Council receive and file the warrant registers, wire transfers, and net payrolls dated 02/04/2025, 02/06/2024, and 02/11/2025.

CONCLUSION: If the recommendation to the City Council is approved, then the warrant registers, wire transfers, and net payrolls dated 02/04/2025, 02/06/2024, and 02/11/2025.

FISCAL IMPACT:

Warrant register 02/04/202
5 193686-194066 $551,584.85
Total Bank $551,584.85

Wire Transfer
02/06/202
2040-2043 $310,652.69
35 - 60

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5 Warrant register
02/11/202
5 194067-194188 $698,064.55
Total Bank $1,008,717.2
4 Net Payroll
transfer

02/06/202
4 $645,255.05
Total Voucher $1,653,972.2
9 Grand Total
Vouchers
$2,205,557.1
4 ATTACHMENTS: Exhibit 1- Warrant Register

10.4 Warrant Register Successor Agency
RECOMMENDATION: It is staff’s recommendation that the Successor Agency members receive and file the warrant registers dated 02/11/2025.

CONCLUSION: If the recommendation to the Successor Agency Members is approved, then the warrant register dated 02/11/2025 will be received and filed.

FISCAL IMPACT:

Warrant
Register
02/11/2025 12973 $7,800.00
Total Bank $7,800.00

Grand Total
Vouchers
$7,800.00
ATTACHMENTS: Exhibit 1-Warrant Register Successor Agency 61 - 63

10.5 Consideration of a Resolution approving and authorizing a Reimbursement Agreement with the Los Angeles County
Development Authority (LACDA) for the City’s continued
64 - 83

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participation in the Permanent Local Housing Allocation (PLHA) Program for Year 5 (2025) allocation to implement the program during Fiscal Year (FY) 2025-2026
RECOMMENDATION: It is staff's recommendation that the City Council adopt the attached Resolution approving and authorizing a reimbursement agreement with the Los Angeles County Development Authority (LACDA) for the City’s continued participation in the Los Angeles Urban County Permanent Local Housing Allocation (PLHA) Program for Year 5 (2025) Allocation to implement the program during Fiscal Year (FY) 2025-2026.

CONCLUSION: Staff recommends that the City Council adopt the attached Resolution approving and authorizing a reimbursement agreement with the Los Angeles County Development Authority for the City’s continued participation in the Los Angeles County Development Authority Permanent Local Housing Allocation Program thereby continuing the Residential Rental Assistance Program for Bell Gardens residents. To meet LACDA’s public notice posting requirement, a thirty-day public notice was posted on January 14, 2025, at various City facilities.

FISCAL IMPACT: No impact. The PLHA funds are restricted funds provided by the California State Department of Housing and Community Development and will supplement the City’s resources to increase the supply of affordable housing. No matching funds are required.

ATTACHMENTS: Exhibit 1 - Resolution No. 2025-14.docx
Exhibit 2 -PLHA Program Exhibit A Input Form.pdf
Exhibit 3 - Public Notice.pdf

10.6 Consideration of a Resolution Approving a Contract Services Agreement with ABM Building Solutions, LLC For Heating, Ventilation and Air Conditioning Maintenance Services
RECOMMENDATION: It is staff’s recommendation that the City Council adopt the attached Resolution authorizing the City Manager to execute a Contract Services Agreement with ABM for Heating, Ventilation and Air Conditioning Maintenance Services.

CONCLUSION: Based on ABM’s proposal rating, staff is
recommending that the City Council award ABM a three-year Contract Services Agreement with an optional two one-year extensions for an amount not-to-exceed $43,381 to provide HVAC maintenance services.

FISCAL IMPACT: Funds for contracted services are included in the FY 2024-2025 budget.
84 - 197

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ATTACHMENTS: Exhibit 1 - Resolution 2025-15
Exhibit 2 – Contract Services Agreement

10.7 Approval of Plans and Specifications and Authorization to Solicit Bids for the ATP Cycle 5 Citywide Complete Streets Improvements, Phase 1 (CIP No. 3903)
RECOMMENDATION: It is staff’s recommendation that the City Council:

1. Approve the plans and specifications for the ATP Cycle 5 Citywide Complete Streets Improvements, Phase 1 (CIP No. 3903);

2. Authorize staff to solicit competitive bids and publish the Notice Inviting Sealed Bids (NISB); and

3. Find that the project is categorically exempt from the California Environmental Quality Act (CEQA) pursuant to Guidelines Section 15301(c).

CONCLUSION: Upon authorization by the City Council, staff will proceed with the bid phase of the Project.

FISCAL IMPACT: The City’s FY 24-25 operating budget includes $6,299,000 of ATP Cycle 5 Funds for the construction of the project.

The engineer’s estimate for construction is $4,705,000.

ATTACHMENTS: Exhibit 1- Notice Inviting Sealed Bids for the ATP Cycle 5 Citywide Complete Streets Improvements, Phase 1 198 - 203

10.8 Approval of Plans and Specifications and Authorization to Solicit Bids for the Various Residential Street Improvements, FY 2024/2025 (CIP No. 3940)
RECOMMENDATION: It is staff’s recommendation that the City Council:

1. Approve the plans and specifications for the Various Residential Street Improvements, FY 2024/2025 (CIP No. 3940);

2. Authorize staff to solicit competitive bids and publish the Notice Inviting Sealed Bids (NISB); and

3. Find that the project is categorically exempt from the California Environmental Quality Act (CEQA) pursuant to Guidelines Section 15301(c).

CONCLUSION: Upon authorization by the City Council, staff will proceed with the bid phase of the Project.

FISCAL IMPACT: The City’s FY 24-25 capital improvement budget includes a total budget of $1,245,168, consisting of $672,735 in Measure R and $572,433 in Measure M local return funds. The engineer’s estimate for construction is $1,485,000, including the 204 - 209

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additive bid item.

ATTACHMENTS:Exhibit 1 - Notice Inviting Bids Various Residential Street Improvements FY 2024-2025 (CIP No. 3940)

11. DISCUSSION

11.1 Local Commission Appointment List
RECOMMENDATION: It is staff's recommendation that the City Council review the Commissions Appointments List and by motion, remove commissioners and/or make appointments to the posted vacancies.

CONCLUSION: After an appointment is made, Commission members will receive their Oath of Office before beginning service with their respective Commission at the next regularly scheduled Commission meeting. The City Clerk's Office will arrange for the proper filing of Conflict of Interest Code forms and schedule trainings for AB 1234 and AB 1661.

FISCAL IMPACT: None
ATTACHMENTS: Exhibit 1 - Notice of Vacancy
210 - 211

11.2 FY 2024-2025 Mid-Year Budget Review
RECOMMENDATION: It is staff’s recommendation that the City Council:

1. Receive, discuss, and file the fiscal year 2024-25 mid-year budget presentation, and

2. Approve the following additional appropriations for fiscal year 2024-

25. Measure R Funds (286) $5,100, Measure A Funds (286) $400K; Gen Fund CIP (115) & Measure A $440K; Prop C (281) $450K; and Measure R (286) $75K
CONCLUSION: The Fiscal Year 2024-2025, mid-year budget report has been presented. Revenues are projected to be lower by $3.40 million and expenditures are projected to be higher by $508K, which included the Mid-Year adjustments and the City Council Approved appropriation during the year bringing the total projected expenditure to $46.67 million.

FISCAL IMPACT: If approved, the following additional appropriations will be added to the following funds: Measure R Funds (286) $5,100, Measure A Funds (286) $400K; Gen Fund CIP (115) & Measure A $440K; Prop C (281) $450K; and Measure R (286) $75K
ATTACHMENTS: Exhibit 1 - Fiscal Year 2024-2025 Mid-Year Budget Presentation.pptx
212 - 227

11.3 Consideration and Approval of a Resolution Approving a Loan 228 - 236

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Agreement with Hub Cities Consortium for Financial
Assistance
RECOMMENDATION: It is staff's recommendation that the City Council:

1. Adopt the attached Resolution appropriating a loan to Hub Cities Consortium from the General Fund in an amount not to exceed $90,834, for financial assistance as a member agency; and

2. Authorize the City Manager to enter into a loan agreement, approved as to form by the City Attorney.

CONCLUSION: With the City of Bell Gardens and the other five city members’ financial assistance, Hub Cities will be able to continue to provide services to the residents of the Southeast LA communities through the end of the fiscal year (June 30, 2025).

FISCAL IMPACT: An appropriation of funding in the form of a loan from the General Fund in a not to exceed amount of $90,834.00 to provide Hub Cities financial assistance as a member agency. If other Hub Cities city members approve funding that is less than their 1/6th proportionate share, then the Bell Gardens loan amount shall be lowered accordingly.

ATTACHMENTS: Exhibit 1 - Resolution No. 2025-16
Exhibit 2 - JPA Agreement

12. CITY COUNCIL / SUCCESSOR AGENCY MEMBER COMMENTS

13. ADJOURNMENT
Daisy Gomez, City Clerk
Agenda Posted on February 20, 2025

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CITY OF BELL GARDENS

OFFICE OF THE CITY MANAGER

EXECUTIVE SUMMARY
TO:Honorable Mayor and City Council Members
FROM: Michael B. O’Kelly, City Manager
BY:Gustavo Romo, Deputy City Manager/Director of Community Development
SUBJECT:Consideration of Ordinance No. 955 amending Title 9 (Zoning and Planning Regulations) Bell Gardens Municipal Code to extend Public Noticing for Zoning Ordinances from 10 to 20 days in Compliance with new State Law
MEETING DATE:February 24, 2025
RECOMMENDATION:

It is staff’s recommendation that the City Council waive full reading and introduce Ordinance No. 955, by title only, amending Title 9 (Zoning and Planning) of the Bell Gardens Municipal Code (BGMC) to amend public noticing provisions for zoning ordinances to comply with State Law.

BACKGROUND/DISCUSSION:

Effective January 1, 2025, Assembly Bill 2904 (AB 2904) requires local governments to increase public hearing noticing from 10 days to at least 20 days before conducting a Planning Commission public hearing on a proposed zoning ordinance or zoning ordinance amendment that affects a permitted use of real property.

The state legislature determined that, among other things, the prior 10-day notice period was insufficient for property owners to understand the implications of zoning changes and instead found that the increase in days for public notice enhances transparency in the process. No other requirements, technological updates, or processing costs were added, further ensuring an informed public with many opportunities to participate in zoning discussions. The change supports fair and transparent urban planning processes.

Ordinance No. 955 proposes to amend the BGMC Section 9.54.010 (Notice of public hearing applications or petitions for a zone change, variance or conditional use permit) of Chapter 54 (Public Noticing Requirements/Procedures) of Title 9 (Zoning and Planning Regulations) to comply with the new state law, which requires notice to be published,

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posted, mailed, or advertised, as applicable, at least 20 days before the Planning Commission holds a public hearing on zoning ordinances or zoning ordinance amendments.

ANAYLSIS:

Ordinance No. 955:

AB 2904 is a state mandate, and the City must comply with the new law. The previous requirement was a 10-day notice for any public hearing before the Planning Commission.

The extended noticing requirement of 20 days allows property owners a longer opportunity to review and respond to proposed zoning ordinances. The new noticing law only applies to public hearing hearings before the Planning Commission and does not apply to public hearings before the City Council.

FINDINGS:

The General Plan’s Land Use Element Policy 1 identifies that the City shall maintain open communication with the community at all times. Ordinance No. 955 would revise noticing provisions to comply with state law by increasing the time for public participation to foster input from the residents and property owners. As such, adopting Ordinance No. 955 would follow the intent of Policy 1.

ENVIRONMENTAL REVIEW:

The proposed ordinance is exempt from the California Environmental Quality Act (“CEQA”) (Pub. Res. Code § 21000 et seq.) and CEQA Guidelines (Cal. Code Regs., tit. 14, § 15000 et seq.) pursuant to CEQA Guidelines Section 15061(b)(3), because it can be seen with certainty that the adoption of this proposed ordinance to amend the City’s public noticing provisions would not result in a significant environmental impact.

CONCLUSION:

The implementation of Ordinance No. 955 would comply with AB 2904, a state mandate, expanding noticing requirements and promoting public participation.

FISCAL IMPACT:

None. State law previously required the City provide a 10 day notice for a public hearing.

The proposed Ordinance would be carried out by staff in the normal course of business.

APPROVED ELECTRONICALLY BY:

Michael B. O'Kelly, City Manager

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Stephanie Vasquez, City Attorney
Manuel Carrillo, Director of Finance and Administrative Services

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ORDINANCE NO. 955

AN ORDINANCE OF THE CITY OF BELL GARDENS, CALIFORNIA
AMENDING SECTION 9.54.10 OF THE BELL GARDENS MUNICIPAL
CODE ENTITLED “NOTICE OF PUBLIC HEARING APPLICATIONS OR

PETITIONS FOR A ZONE CHANGE, VARIANCE OR CONDITIONAL USE PERMIT” TO CHANGE PUBLIC HEARING NOTICING REQUIREMENT
FROM TEN (10) TO TWENTY (20) DAYS

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

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;

WHEREAS, California Constitution Article XI, Section 7, enables cities to make and enforce local land use regulations;

WHEREAS, effective January 1, 2025, Assembly Bill 2904 (“AB 2904”) requires local governments to increase public hearing noticing from ten (10) days to at least twenty (20) days before conducting a Planning Commission public hearing on a proposed zoning ordinance or zoning ordinance amendment that affects a permitted use of real property;

WHEREAS, because this Ordinance does not affect the use of real property, only ten (10) days public notice is required in advance of City Council review;

WEREAS, the City finds it necessary to amend the Bell Gardens Municipal Code to enact provisions that comply with the new state noticing law under Government Code Section 65854;

WHEREAS, a public hearing notice 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 February 13, 2025.

NOW, THEREFORE, THE CITY COUNCIL OF THE CITY OF BELL GARDENS DOES HEREBY 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. 955 is consistent with the City’s General Plan.

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Ordinance No. 955
2 of 4

iii. Ordinance No. 955, amending the City of Bell Gardens Municipal Code, presents no reasonably foreseeable risk to public health and safety.

SECTION 2. Section 9.54.10 (Notice of public hearing applications or petitions for a zone change, variance, or conditional use permit) of Chapter 9.54 (Public Noticing Requirements/Procedures) of Title 9 (Zoning and Planning Regulations) of the Bell Gardens Municipal Code is hereby amended to read in its entirety as follows:

9.54.10 Notice of public hearing applications or petitions for a zone change, variance, or conditional use permit.

Not less than 10 20 days prior to the date of a hearing on applications or petitions for a zone change, variance or conditional use permit, the commission shall give notice which shall include the time, place and purpose of such hearing, the general location of the property under consideration and such other information as it deems necessary as provided herein:

SECTION 3. The City Council determines that Ordinance No. 955 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) (Common Sense Exemption). The approval of this ordinance would result in no physical improvements or developments and future projects would be subject to CEQA and environmental review. The City Council further determines pursuant to Section 153778 that Ordinance No. 955 would cause no reasonably foreseeable direct or indirect physical changes in the environment because no specific activity is authorized. Therefore, it can be seen with certainty that the adoption of this ordinance would result in no direct or indirect environmental impacts.

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, causing it to be posted as required by law, and it shall be effective thirty (30) days after its adoption.

[Signatures on the following page]

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Ordinance No. 955
3 of 4

PASSED, APPROVED, AND ADOPTED this day of , 2025.

THE CITY OF BELL GARDENS

________________________________
Jorgel Chavez, Mayor

APPROVED AS TO FORM: ATTEST:

_______________________________ _______________________________ Stephanie Vasquez Daisy Gomez
City Attorney City Clerk

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Ordinance No. 955
4 of 4

I, Daisy Gomez, City Clerk of the City of Bell Gardens, hereby CERTIFY that Ordinance No. 955 was introduced and placed upon its first reading at a regular meeting of the Bell Gardens City Council held on _____, ____ , 2025, and that thereafter said ordinance was duly adopted at a regular meeting of the Bell Gardens City Council held on _____ , ___, 2025 and was approved and passed by the following vote:

AYES:

NOES:

ABSTAIN:

ABSENT:

______________________________
Daisy Gomez, City Clerk

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CITY OF BELL GARDENS

OFFICE OF THE CITY MANAGER

EXECUTIVE SUMMARY
TO:Honorable Mayor and City Council Members
FROM:Michael B. O’Kelly, City Manager
BY: Daisy Gomez, City Clerk
SUBJECT: GENERAL MOTION TO WAIVE FULL READING AND APPROVE

ORDINANCES BY TITLE ONLY PURSUANT TO CALIFORNIA
GOVERNMENT CODE SECTION 36934
DATE: February 24, 2025
RECOMMENDATION:

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

BACKGROUND / DISCUSSION:

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

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

CONCLUSION:

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

FISCAL IMPACT:

No fiscal impact.

APPROVALS:

Michael B. O'Kelly, City Manager
Stephanie Vasquez, City Attorney
Manual Carrillo, Director of Finance and Administrative Services

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CITY OF BELL GARDENS

OFFICE OF THE CITY MANAGER

EXECUTIVE SUMMARY

TO: Honorable Mayor and City Council Members
FROM: Michael B. O’Kelly, City Manager
BY: Daisy Gomez, City Clerk
SUBJECT: Minutes for February 10, 2025, Closed Session and City Council/Successor Agency Joint Meetings
MEETING DATE: February 24, 2025

RECOMMENDATION:

It is staff's recommendation that the City Council approve the minutes of the February 10, 2025 Closed Session and City/Successor Agency Joint Meetings.

BACKGROUND / DISCUSSION:

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

CONCLUSION:

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

FISCAL IMPACT:

No fiscal impact.

APPROVED ELECTRONICALLY BY:

Michael B. O'Kelly, City Manager
Stephanie Vasquez, City Attorney
Manuel Carrillo, Director of Finance and Administrative Services

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CITY OF BELL GARDENS

MINUTES
City Council / Successor Agency to the Community Development Commission Joint Meeting
Monday, February 10, 2025, 6:00 PM

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

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

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wish to address the City Council should do so by submitting a "Public Comment Card" by 5:00 pm.

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

VIRTUALLY LIVE: Members of the public may participate via Zoom by https://zoom.us/join and entering the Zoom Meeting ID: 813 3236 4343 Passcode: 2021

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

1. CALL TO ORDER
The Council Members of the City of Bell Gardens City Council/Successor Agency held a Joint Regular meeting on February 10, 2025, in the Council Chambers, 7100 Garfield Avenue, Bell Gardens, CA with Mayor Jorgel Chavez presiding. Mayor Jorgel Chavez called the joint meeting to order at 6:09 p.m.

2. INVOCATION
The invocation was given by Pastor Reynaldo Leal.

3. PLEDGE OF ALLEGIANCE
The Pledge of Allegiance was led by Mayor Jorgel Chavez.

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4. ROLL CALL OF CITY COUNCIL MEMBERS / SUCCESSOR AGENCY TO THE

5. PRESENTATION

5.1 Certificate of Recognition - Eva's Cookery
Mayor Jorgel Chavez read the certificate of recognition and presented it to the family of Eva , owners of Eva's Cookery.

5.2 Certificate of Recognition - Black History Month
Councilwoman Francis De Leon Sanchez read the
proclamation.

6. PUBLIC COMMENTS ON NON-AGENDA ITEMS UNDER THE SUBJECT

City Clerk Daisy Gomez announced that there were no written comments received.

Bruce Crow spoke regarding various topics.

7. PUBLIC COMMENTS ON AGENDA ITEMS ONLY
During this time, the members of the public may address the City Council /

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Agency Members regarding any items listed on the agenda. Public comments are limited to 3 minutes per person.

City Clerk Daisy Gomez announced that there were no written comments received.

Bruce Crow spoke regarding Item Nos. 9.6 and 9.7.

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

9. CONSENT CALENDAR
All matters listed under the Consent Calendar are considered to be routine and can be acted on by one roll call vote. There will be no separate discussion of these items unless members of the City Council / Successor Agency request specific items to be removed from the Consent Calendar for separate action. Items called for separate discussion will be heard as the next order of business.

A motion was made by Councilwoman Francis De Leon Sanchez, seconded by Councilwoman Isabel Guillen to approve Consent Calendar Item Nos.

9.1 - 9.7.

The motion carried 5 - 0 with the following votes for Item Numbers. 9.1 -

9.7:

Moved by: Francis De Leon Sanchez
Seconded by: Isabel Guillen

Yes Marco Barcena, Jorgel Chavez, Miguel De La
Rosa, Francis De Leon Sanchez, and Isabel
Guillen
Carried 5-0

9.1 General Motion to Waive Full Reading and Approve
Ordinances by Title Only Pursuant to California Government Code Section 36934 with Support from the Majority of the Legislative Body.

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RECOMMENDATION: It is staff's recommendation that the
City Council approve Ordinances by title only.

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

FISCAL IMPACT: None
ATTACHMENTS: None

9.2 Approval Minutes of January 27, 2025, City Council/Successor Agency - Joint Meeting
RECOMMENDATION: It is staff's recommendation that the
City Council approve the minutes of the January 27, 2025, City Council/Successor Agency Joint Meeting.

CONCLUSION: If approved, the minutes of the City
Council/Successor Agency Joint Meeting will be archived in the City Clerk’s Office.

FISCAL IMPACT: None
ATTACHMENTS: Exhibit 1 - City Council / Successor Agency to the Community Development Commission Joint Meeting -
Jan 27 2025 - Minutes

9.3 Warrant Register and Wire Transfer
RECOMMENDATION: It is staff's recommendation that the
City Council receive and file the warrant registers, wire transfers, and net payrolls dated 01/09/2025, 01/14/2024, 01/21/2025, and 01/28/2025.

BACKGROUND/DISCUSSION: The attached warrant registers,
wire transfers, and net payrolls are for 01/09/2025,
01/14/2024, 01/21/2025, and 01/28/2025.

CONCLUSION: If the recommendation to the City Council is approved, then the warrant registers, wire transfers, and net payrolls dated 01/09/2025, 01/14/2024, 01/21/2025, and
01/28/2025.

FISCAL IMPACT:

Wire transfer 01/09/20
25 2028-2033 $2,174,05

6.78

Page 25 of 236 ends

Warrant
register
01/14//2
025
193678-193809 $802,004.
70 Total Bank $2,976,06

1.48 Net Payroll
transfer
01/09/20
25 $556,406.
11 Total Voucher $3,532,46

7.59 Warrant
register
01/21/20
25 193810-193893 $619,860.
49 Wire transfer 01/23/20
25 2034-2039 $245,508.
00 Warrant
register
01/28/20
25 193894-193985 $569,374.
41 Total Bank $814,882.
41 Net Payroll
transfer
01/23/20
25 $570,484.
03 Total Voucher $1,385,48

4.03 Grand Total
Vouchers
$5,537,81

2.11 ATTACHMENTS: Exhibit 1- Warrant Register

9.4 Warrant Register Successor Agency
RECOMMENDATION: It is staff’s recommendation that the
Successor Agency members receive and file the warrant

Page 26 of 236 ends

registers dated 01/21/2025.

CONCLUSION: If the recommendation to the Successor
Agency Members is approved, then the warrant register dated 01/21/2025 will be received and filed.

FISCAL IMPACT:

Warrant
Register
01/21/2025 12972 $3142.50
Total Bank $3142.50

Grand Total
Vouchers
$3142.50
ATTACHMENTS: Exhibit 1-Warrant Register Successor Agency

9.5 December 2024 Treasurer's Report
RECOMMENDATION: It is recommended that the City Council receive, approve, and file the December 2024 Treasurer’s Report.

CONCLUSION: The December 31, 2024, Treasurer’s Report
has been presented to the City Council with a
recommendation to receive, approve and file.

FISCAL IMPACT: None.

ATTACHMENTS: December 2024 Treasure Report.pdf

9.6 A Resolution of the City Council Updating the Citywide Classification and Compensation Plan and Approving a
Budget Reallocation for the Addition of the Senior Records Clerk Classification
RECOMMENDATION: It is staff’s recommendation that the
City Council approve that the City Council approve the
addition of the Senior Records Clerk classification.

CONCLUSION: The implementation of the Senior Records
Clerk position will enhance services as well as better prepare and train our Records Division team members, and prepare

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the Division for succession planning.

FISCAL IMPACT: The proposed action will result in a fiscal cost saving of approximately $21,000 per year.

ATTACHMENTS: Exhibit 1 –Resolution No. 2025-12.docx
Resolution No. 2025-12 was approved.

9.7 Consideration of a Resolution Approving a Purchase Order Agreement for Purchase of a DUI Traffic Trailer
RECOMMENDATION: It is staff’s recommendation that the
City Council adopt the attached Resolution approving a
Purchase Order Agreement with Universal Trailers, Inc., for the purchase of a DUI Traffic Trailer for a not-to-exceed amount of $46.852.23.

CONCLUSION: The purchase of a new DUI traffic trailer will aid the Police Department with DUI Checkpoints and other traffic related enforcement operations in hopes of further reducing traffic collisions related to impaired driving and improving overall safety of or citizens.

As such, staff is recommending that the City Council adopt the attached Resolution authorizing a Purchase Order
Agreement with Universal Trailers, Inc. for the purchase of a new DUI Traffic Trailer.

FISCAL IMPACT: The total cost for this requested expenditure is $46,852.23. The City will be reimbursed $45,000 from the State of California, Office of Traffic Safety FY2024-25 STEP Grant. Reimbursement will take place once the DUI traffic trailer is complete and during the grant’s reimbursement period. The remaining $1,852.23 will be covered by the Police Department’s FY2024-25 budget.

ATTACHMENTS:

Exhibit 1 – Resolution No. 2025-13.docx
Exhibit 2 - POA
Exhibit 3 – RFQ with Quote

Resolution No. 2025-13 was approved.

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10. DISCUSSION

10.1 Local Commission Appointment List
RECOMMENDATION: It is staff's recommendation that the
City Council review the Commissions Appointments List and by motion, remove commissioners and/or make
appointments to the posted vacancies.

CONCLUSION: After an appointment is made, Commission
members will receive their Oath of Office before beginning service with their respective Commission at the next regularly scheduled Commission meeting. The City Clerk's Office will arrange for the proper filing of Conflict of Interest Code forms and schedule trainings for AB 1234 and AB 1661.

FISCAL IMPACT: None
ATTACHMENTS: Exhibit 1 - Notice of Vacancy

Councilwoman Isabel Guillen nominated Yorgelys Monroy to fill her vacancy in the Planning Commission and Christian Sanchez to fill her vacancy in the Recreation, Cultural and Youth Commission.

A motion was made by Mayor Pro Tem Miguel De La Rosa,
seconded by Councilwoman Francis De to fill the vacancies as nominated by Councilwoman Isabel Guillen.

The motion carried 5-0 with the following vote:

Moved by: Miguel De La Rosa
Seconded by: Isabel Guillen

Yes Marco Barcena, Jorgel Chavez, Miguel De La
Rosa, Francis De Leon Sanchez, and Isabel
Guillen
Carried 5-0

10.2 Discussion of Holiday Decorations on City's Right-Of-Way and Facilities

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

1. Direct staff to assess the feasibility of expanding
holiday decoration options; or

2. Receive and file the report.

CONCLUSION: Expanding the City's holiday decorations
requires careful consideration of budgetary implications, including initial investment, ongoing maintenance costs, and exploring diverse funding sources to ensure a sustainable and impactful program.

FISCAL IMPACT: The cost to install the current holiday
decorations is approximately $18,000 per year, excluding staff time.

ATTACHMENTS: None.

Bernardo Iniguez, Director of Public Works/Facilities, provided a presentation.

Direction was provided to staff to bring back to Council additional cost analysis on a variety of options.

Yes Marco Barcena, Jorgel Chavez, Miguel De La
Rosa, Francis De Leon Sanchez, and Isabel
Guillen
Carried 5-0

11. CITY COUNCIL / SUCCESSOR AGENCY MEMBER COMMENTS
Members of the Council and Successor Agency made community announcements and comments.

12. ADJOURNMENT
Mayor Jorgel Chavez adjourned the meeting at 7:10 p.m.

Page 30 of 236 ends

test

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CITY OF BELL GARDENS

MINUTES
Closed Session Meeting
Monday, February 10, 2025, 5:00 PM

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

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

VIRTUALLY LIVE: Members of the public may participate via Zoom by https://zoom.us/join and entering the Zoom Meeting ID: 813 3236 4343 Passcode: 2021

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

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

1.CALL TO ORDER
The Council Members of the City of Bell Gardens City Council held a regular meeting on February 10, 2025, in the Council Chambers, 7100 Garfield Avenue, Bell Gardens, CA with Mayor Jorgel Chavez presiding at 5:09 p.m.

2.ROLL CALL OF CITY COUNCIL MEMBERS
Marco Barcena, Councilmember
Isabel Guillen, Councilwoman
Francis De Leon Sanchez, Councilwoman
Miguel De La Rosa, Mayor Pro Tem
Jorgel Chavez, Mayor

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

City Clerk Daisy Gomez announced that there were no written comments, and no public comments were provided.

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4.CLOSED SESSION ITEMS
City Attorney Stephanie Vasquez announced the Closed Session items. The City Council recessed into closed session at 5:11 p.m. to discuss the items listed on the agenda.

4.1 Closed Session Pursuant to Government Code Section
54956.9(d)(4)– Conference with Legal Counsel Regarding
Potential Litigation – One (1) matter.

4.2 Closed Session Pursuant to Government Code Section
54956.96 - Conference Involving Joint Powers Agency Hub Cities Consortium
Discussion will concern: Closed Session Pursuant to
Government Code §§ 54956.9(d)(2) and 54956.9(e)(1) –
Anticipated Litigation – Conference with Legal Counsel – “Facts and circumstances that might result in litigation against the local agency but which the local agency believes are not yet known to a potential plaintiff or plaintiffs, which facts and circumstances need not be disclosed.” One (1) matter.

Name of local agency representative on joint powers agency board: City of Bell Gardens, Councilmember Marco Barcena.

5.CLOSED SESSION REPORT
The City Council reconvened to open session at 6:08 p.m., City Attorney Stephanie Vasquez announced that there were no reportable actions for Items

4.1 and 4.2.

6.ADJOURNMENT
Mayor Jorgel Chavez adjourned the meeting at 6:09 p.m.

Daisy Gomez, City Clerk

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CITY OF BELL GARDENS

OFFICE OF THE CITY MANAGER

EXECUTIVE SUMMARY
TO:Honorable Mayor and City Council Members
FROM: Michael B. O’Kelly, City Manager
BY:Manuel Carrillo, Director of Finance & Administrative Services SUBJECT:Warrant Register and Wire Transfer
MEETING DATE:February 24, 2025

RECOMMENDATION
It is staff's recommendation that the City Council receive and file the warrant registers, wire transfers, and net payrolls dated 02/04/2025, 02/06/2024, and 02/11/2025.

BACKGROUND/DISCUSSION
The attached warrant registers, wire transfers, and net payrolls are for 02/04/2025, 02/06/2024, and 02/11/2025.

CONCLUSION
If the recommendation to the City Council is approved, then the warrant registers, wire transfers, and net payrolls dated 02/04/2025, 02/06/2024, and 02/11/2025.

FISCAL IMPACT:

Warrant register 02/04//2025 193686-194066 $551,584.85
Total Bank $551,584.85

Wire Transfer 02/06/2025 2040-2043 $310,652.69
Warrant register 02/11/2025 194067-194188 $698,064.55
Total Bank $1,008,717.24
Net Payroll transfer 02/06/2024 $645,255.05
Total Voucher $1,653,972.29
Grand Total Vouchers $2,205,557.14

Page 35 of 236 ends

APPROVED ELECTRONICALLY BY:

Michael B. O'Kelly, City Manager
Stephanie Vasquez, City Attorney
Manuel Carrillo, Director of Finance and Administrative Services

Page 36 of 236 ends

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6 CITY OF BELL GARDENS

OFFICE OF THE CITY MANAGER

It is staff’s recommendation that the Successor Agency members receive and file the warrant registers dated 02/11/2025.

BACKGROUND/DISCUSSION:

The attached warrant registers are for 02/11/2025.The warrant register reflects the obligation of the Successor Agency to the Community Development.

CONCLUSION:

If the recommendation to the Successor Agency Members is approved, then the warrant register dated 02/11/2025 will be received and filed.

FISCAL IMPACT:

Warrant Register 02/11/2025 12973 $7,800.00
Total Bank $7,800.00

Grand Total Vouchers $7,800.00
APPROVED ELECTRONICALLY BY:

Page 61 of 236 ends

Michael B. O'Kelly, City Manager
Stephanie Vasquez, City Attorney
Manuel Carrillo, Director of Finance and Administrative Services

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6 CITY OF BELL GARDENS

OFFICE OF THE CITY MANAGER

EXECUTIVE SUMMARY
TO:Honorable Mayor and City Council Members
FROM: Michael B. O’Kelly, City Manager
BY: Gustavo J. Romo, Deputy City Manager/Community Development Director
SUBJECT: Consideration of a Resolution approving and authorizing a Reimbursement Agreement with the Los Angeles County
Development Authority (LACDA) for the City’s continued
participation in the Permanent Local Housing Allocation (PLHA) Program for Year 5 (2025) allocation to implement the program during Fiscal Year (FY) 2025-2026
MEETING DATE:February 24, 2025
RECOMMENDATION:

It is staff's recommendation that the City Council adopt the attached Resolution approving and authorizing a reimbursement agreement with the Los Angeles County Development Authority (LACDA) for the City’s continued participation in the Los Angeles Urban County Permanent Local Housing Allocation (PLHA) Program for Year 5 (2025) Allocation to implement the program during Fiscal Year (FY) 2025-2026.

BACKGROUND/DISCUSSION:

In 2017, the State of California approved Senate Bill (SB 2), which created the Building Homes and Jobs Act and the Permanent Local Housing Allocation (PLHA) Program. The PLHA program is the State’s first permanent source of funding for affordable housing, something cities have not had since the elimination of Redevelopment. Revenue is generated through recording fees on real estate transactions and, therefore, will vary from year to year depending on activity.

The PLHA funds, allocated by the County of Los Angeles, provides a stable funding source for local governments to address affordable housing stock shortages in the following manners:

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•Increase the supply of affordable housing;
•Increase assistance to affordable owner-occupied workforce housing; •Assist persons experiencing or at risk of homelessness; •Facilitate housing affordability; and
•Promote projects and programs to meet the local government’s unmet share of regional housing needs allocation.

The City received $250,000 for FY 2020–2021 (Year 1 Program), $585,463 for FY 2021- 2022 (Year 2 Program), $669,659 for FY 2023–2024 (Year 3 Program), $335,635 for FY 2024-2025 (Year 4 Program) and has now been allocated $227,854 for FY 2025-2026 (Year 5 Program). Staff is recommending that the City allocate these funds towards continuing the rent subsidy program, which will continue to assist in the prevention of homelessness. Initial funding was identified for eviction defense and first-time home buyer assistance. However, eviction defense was removed as one of the eligible activities statewide after Year 1 funding, and the City has sufficient first-time homebuyer assistance through its CalHome and Home Ownership Programs (HOP). The County is asking jurisdictions to use their funds, or a portion of their funds, to assist residents with a “Homeless Prevention Program,” which would be administered by the County. However, cities have the option of using the funds for other eligible activities as identified in the PLHA Program Exhibit A Input Form (Exhibit 2). Staff would like to continue using the funds for rental assistance since so many tenants are still on the waiting list.

To receive the funding allocation, the City submitted a PLHA program application, which needed to meet the following requirements:

•The City’s Housing Element is in substantial compliance with the State Housing Element Law (Note: Bell Gardens has a certified Housing Element); •The City submitted the General Plan’s Annual Progress Report to State HCD, as required;
•The PLHA application requests an allocation to carry out one or more eligible activity and the submission is authorized by the City Council; and •PLHA funds distributed to a program operator do not have conflict of interest and are accessible to the public.

Staff is recommending that the City Council authorize City staff to administer all aspects of the PLHA Residential Rental Assistance Program on behalf of the City for the following eligible activities as identified in the PLHA Program Exhibit A Input Form (Exhibit 2).

Authority to administer the PLHA funds does not alter the City Council’s authority over decision-making on individual projects and programs. Unless previously authorized by the City Council, all funding commitments for individual multifamily projects and/or homeownership programs will be brought forth to the City Council for review and approval for the following:

1. Assisting persons who are experiencing or at risk of homelessness, including,

Page 65 of 236 ends

but not limited to, providing rapid rehousing, rental assistance, supportive/case management services that allow people to obtain and retain housing, operating and capital costs for navigation centers and emergency shelters, and the new construction, rehabilitation, and preservation of permanent and transitional housing.

2. The program will provide temporary financial assistance to eligible households that have been screened through the PLHA Supportive Case Management Program. Financial assistance will be in the form of a monthly rental subsidy. The subsidy will cover up to 40% of the household’s monthly rent for no more than one (1) year and for no less than six (6) months. Eligible households must have a minimum area median income (AMI) of 30%. Participants must be able to contribute 60% of their monthly rent.

3. The program will establish a team of skilled case managers that will identify households at risk of homelessness. Case management includes, but is not limited to, the following services: housing stability assistance, homeless prevention, guidance on tracking expenses, managing bills and prioritizing financial obligations, and review of applications for the City of Bell Gardens PLHA Residential Rental Assistance Program (RAP). Participants that are approved for the PLHA RAP will continue to receive supportive case management that provides resources for financial counseling, employment assistance, and healthcare services.

ENVIRONMENTAL REVIEW
Pursuant to the California Environmental Quality Act (“CEQA”), the adoption of the attached Resolution approving and authorizing the City’s continued participation in the Permanent Local Housing Allocation (PLHA) Program was determined to be exempt from CEQA under the common sense exemption set forth at California Code of Regulations, Title 14, § 15061(b)(3) (CEQA Guidelines) in that it can be seen with certainty that no significant impact on the environment would occur from the adoption of the resolution.

CONCLUSION:

Staff recommends that the City Council adopt the attached Resolution approving and authorizing a reimbursement agreement with the Los Angeles County Development Authority for the City’s continued participation in the Los Angeles County Development Authority Permanent Local Housing Allocation Program thereby continuing the Residential Rental Assistance Program for Bell Gardens residents. To meet LACDA’s public notice posting requirement, a thirty-day public notice was posted on January 14, 2025, at various City facilities.

FISCAL IMPACT:

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No impact. The PLHA funds are restricted funds provided by the California State Department of Housing and Community Development and will supplement the City’s resources to increase the supply of affordable housing. No matching funds are required.

APPROVED ELECTRONICALLY BY:

Michael B. O'Kelly, City Manager
Stephanie Vasquez, City Attorney
Manual Carrillo, Director of Finance and Administrative Services

Page 67 of 236 ends

RESOLUTION NO. 2025-14

A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF BELL

GARDENS, CALIFORNIA, APPROVING AND AUTHORIZING A

REIMBURSEMENT AGREEMENT WITH THE LOS ANGELES COUNTY

DEVELOPMENT AUTHORITY (LACDA) FOR THE PARTICIPATION IN

THE PERMANENT LOCAL HOUSING ALLOCATION (PLHA)
PROGRAM FOR YEAR 5 (2025) ALLOCATION TO IMPLEMENT THE
PROGRAM DURING FISCAL YEAR FY 2025-2026

WHEREAS, Senate Bill (SB 2) created the Building Homes and Jobs Act and the Permanent Local Housing Allocation (“PLHA”) Program, which is the first permanent source of funding for affordable housing;

WHEREAS, any revenue is generated through recording fees on real estate transactions and, therefore, will vary from year to year depending on activity;

WHEREAS, the PLHA funds, allocated by the Los Angeles County Development Authority provides a stable funding source for local governments to address affordable housing stock shortages by increasing the supply of affordable housing, increasing assistance to affordable owner-occupied workforce housing, assisting persons experiencing or at risk of homelessness, facilitating housing affordability and promoting projects and programs to meet the local government’s unmet share of regional housing needs allocation;

WHEREAS, the City Council of the City of Bell Gardens desires to participate in the PLHA Program for Year 5;

WHEREAS, the City Council of the City of Bell Gardens authorizes staff to administer all aspects of the PLHA on behalf of the City for these eligible activities:

1. Total Year 5 funding proposed: $227,854 total annual funds will be used towards PLHA Residential Rental Assistance Program (RAP) and the PLHA Homeless Prevention Services, that will assist persons who are experiencing or are at risk of homelessness, including but not limited to, providing rapid rehousing, rental assistance, supportive/case management services that allow people to obtain and retain housing, operating and capital costs for navigation centers and emergency shelters.

2. Provide guidance on tracking expenses, managing bills, and prioritizing financial obligations as well as reviewing applications for the City of Bell Gardens PLHA RAP.

3. Participants that are approved for the PLHA RAP will continue to receive supportive case management that provides resources for financial counseling, employment assistance, and healthcare services. The remaining funds from Year 2, Year 3 and year 4 will also be used towards Year 5 programs.

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Resolution No. 2025-14
2 of 3
WHEREAS, the City authorizes the execution of a reimbursement agreement with the Los Angeles County Development Authority in order to receive said PLHA funds.

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

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

SECTION 2.The City Council hereby approves a reimbursement agreement with the Los Angeles County Development Authority for PLHA funds.

SECTION 3.The City Council authorizes the City Manager, to execute the reimbursement agreement with the Los Angeles County Development Authority, subject to City Attorney approval as to form.

SECTION 4.The City Council further authorizes the City Manager to execute any and all documents necessary for participation in the Permanent Local Housing Allocation Program for Year 5.

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

PASSED, APPROVED and ADOPTED this 24th day of February 2025.

THE CITY OF BELL GARDENS

________________________________
Jorgel Chavez, Mayor

APPROVED AS TO FORM: ATTEST:

_______________________________ ______________________________ Stephanie Vasquez Daisy Gomez
City Attorney City Clerk

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Resolution No. 2025-14
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 February 24, 2025, and was approved and passed by the following vote:

AYES:

NOES:

ABSTAIN:

ABSENT:

____________________________
Daisy Gomez, City Clerk

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N:\Rent Stabilization Ordinance (RSO)\PHLA-Rental Assistance Program\Year 5\City Council Meeting 2-24-25\PLHA Exhibit A Year 5 award rental assistance program.doc

PERMANENT LOCAL HOUSING ALLOCATION PROGRAM EXHIBIT A INPUT FORM

1. ACTIVITY:

(a) Project Title:

Rental Assistance

(b) Beginning Date: 12/08/2025

Ending: 12/31/2026

2. OPERATING AGENCY:

(a) Agency Name:

City of Bell Gardens

(b) Agency Address:

7100 Garfield Ave, Bell Gardens, CA 90201

Name:

Veronica Jaramillo
Title:

Housing Specialist II
Telephone Number: (562) 806-7727

E-mail Address: [email protected]

3. PROJECT ADMINISTRATION: City of Bell Gardens Community Development and Recreation & Community Services Department - Veronica Jaramillo, Housing Specialist II (562) 806-7727.

4. CONTRACTED SERVICES/SUBRECIPIENTS: (Describe duties to be performed.)

The City will procure for a consultant to assist with PLHA project related administrative services.

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N:\Rent Stabilization Ordinance (RSO)\PHLA-Rental Assistance Program\Year 5\City Council Meeting 2-24-25\PLHA Exhibit A Year 5 award rental assistance program.doc

5. ACTIVITY ELIGIBILITY SUMMARY: Select Activity and Sub-Activity:

 Multifamily Rental Housing
 Acquisition  Predevelopment  Development  Rehabilitation  Preservation  Operating Subsidies

 Affordable Rental, Ownership, and ADU Housing
 Acquisition  Predevelopment  Development  Rehabilitation  Preservation

 Matching Funds to Regional Housing Trust Funds

 Housing for Homeless
 Rapid Rehousing ☐Rental Assistance ☒ Supportive Case Management  Operating Costs for Navigating Centers  Capital Costs for Navigation Centers  Operating Costs for Emergency Shelters  New Construction  Rehabilitation  Preservation

 Accessibility Modifications for Owner-Occupied Housing

 Acquisition and Rehabilitation of Foreclosed or Vacant Homes

 Homeownership Opportunities Assistance

(b) Estimated Number of Accomplishments:

50 accomplishments

 Units

☒Households

6. ACTIVITY SUMMARY:
(a) Provide a detailed description of the activity to be implemented within the overall project. The summary should provide sufficient detail (who, what, when, where) to permit a clear understanding of the nature , beneficiaries, and eligibility of the activity.

This program will continue to provide additional support to tenants who have suffered financial crisis in the form of much needed rental assistance to maintain their housing due to rental burden and low income. The program provides individuals with a subsidy of at least 40% of their monthly rent for a period of up to one year, depending on their level of need. This progra m strives to achieve housing stability and assist participants to work toward the goal of fully assuming rent. To be eligible, individuals and families must be currently active in a rapid re-housing program and have a very low income below 30% Area Median Income (AMI). Participants must be able to pay 60% or more of their total income towards rent.

(b) Will this project involve construction expenses of $1,000 or more?  Yes ☒No

7. ACTIVITY SERVICE AREA INFORMATION:

(a) Service Area (Select the method by which you will define your service area):

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N:\Rent Stabilization Ordinance (RSO)\PHLA-Rental Assistance Program\Year 5\City Council Meeting 2-24-25\PLHA Exhibit A Year 5 award rental assistance program.doc

☒ Citywide  Countywide  Districtwide
 Other - Please describe, i.e. San Gabriel Valley, Unincorporated South Whittier

(b) Site Address/Type/Census Tract:

Site Address Type (Choose one only.) Census
Tract(s)
 Construction Site
☐Service Facility

 Construction Site
 Service Facility

8. ACTIVITY BUDGET SUMMARY: (The Operating Agency understands that no expenditures may be incurred before the contract has been fully executed.)

Budget by Cost Category

Total

Personnel

$ 27,854.00
Non-Personnel

$200,000.00
Capital Outlays

$0.00
Administration $0.00

TOTAL:

$ 227,854.00

9. ACTIVITY LEVERAGED FUNDING SOURCES: NA

Source

Amount

Source

Amount

TOTAL:

10. IMPLEMENTATION SCHEDULE: (For predevelopment, construction, acquisition, rehabilitation, or preservation activities only.)

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Milestone

Target Date (Month-
Day-Year)

Comments

Phase 1:

December 19, 2024 Publish public notice

Phase 2:

January 27, 2025 Present Resolution to the City
Council

Phase 3:

March 1, 2025 Continue existing program

Phase 4:

Phase 5:

Phase 6:

Phase 7: Construction Completed

Phase 8: Post Construction/Labor
File Review

11. COMMENTS: If necessary, attach any additional information which you believe will assist in evaluating your project’s eligibility.

A need for a rental subsidy program continues within our city. Many tenants struggle due to loss of employment or decrease in work hours. The City’s Rental Assistance Program assists with a 6-month rent subsidy to help in the prevention of homelessness. Many tenants are low-income families and are still trying to balance out expenses.

Continued funding for this program assists both tenants and property owners to prevent vacancies and avoid homelessness.

EXHIBIT A INPUT FORM INSTRUCTIONS

(1) ACTIVITY
(a) Project Title:

Each project is given an activity title that gives a clear indication of the overall nature of the activity (e.g., “Walnut Park Division Project - First District”). Do not exceed 60 characters.

(b) Funding Period:

Each activity must be given a funding period. For each Program Year, no projects may start, or incur costs, earlier than the contract execution date and no later than 90-days prior to the Program Year deadline. Except for certain predevelopment costs, any costs incurred outside of the contract term must be disallowed.

(2) OPERATING AGENCY
(a) Agency Name: Identify the Operating Agency of the proposed activity described in this Exhibit A Input Form. (b) Agency Address: Identify the Agency's mailing address. (c) Contact Information
▪ Contact Name: Identify the name of the Division's contact person. This contact person should be able to answer questions related to the project and the related contract that may develop from this Exhibit A Input Form. This person could be the Grants Manager, Division Budget Analyst, or Project Manager. ▪ Title: Identify the title of the contact person.
▪ Telephone Number: Identify the area code and telephone number of the contact person. ▪ E-mail Address: Identify the contact person’s e-mail address.

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(3) PROJECT ADMINISTRATION
Identify the entity administering the project. Include the name(s) and title(s) of the project manager(s), and the address and phone number for the Agency administering the project, if other than a LACDA Project Manager.

(4) CONTRACTED SERVICES/SUBRECIPIENTS
List the name(s) of the individuals, firms, or subrecipients providing contracted services as part of the project.

Describe the duties to be performed under the contract or agreement, and indicate whether the individual, firm or agency has already been selected.
▪ Contracted services include legal counsel, bookkeeping, construction, as well as architectural and engineering services and must be obtained through a procurement process. ▪ Subrecipient agencies include public or private non-profit entities providing services such as youth or senior programs.

(5) ACTIVITY ELIGIBILITY SUMMARY
(a) Select Activity and Sub-Activity: Indicate proposed project activity and budget. You may select more than one activity for each funding year.

(b) Expected Accomplishments:

Based on the the performance indicator, provide the specific accomplishments your Agency expects to achieve by the end of the contract period using PLHA funds only. Remember that the selection of the correct performance indicator at the inception of a project is very important because it identifies the nature of the activity to be undertaken. The Performance Indicator that is selected is then used as a tool to measure the performance of a funded project. The goal may include the number of households assisted housing units made available because of this funding.

Identify the performance indicator that most correctly corresponds to the activity. The performance indicator may include number of units or households assisted.

(6) ACTIVITY SUMMARY:

(a) Detailed Description: Provide a detailed description of the activity to be implemented within the overall project.

The summary should provide sufficient detail (who, what, when, where) to permit a clear understanding of the nature, beneficiaries, and eligibility of the activity.

The description must clearly describe what PLHA funds will pay for and indicate whether a subrecipient, consultant, or staff will undertake the implementation of the activity. Please include a line-item level listing of proposed expenditures.

For example, "Funds will be used for travel, space costs, consultant services", etc. For equipment purchases exceeding $300 per unit, please specify the equipment to be purchased (e.g., a copier, facsimile machine, computer, etc.). Also, include proposed accomplishments for leveraged funding (e.g., Other specific public funds, Tax Credits, Bond Fees, Other Private, etc.).

(b) Will this project involve construction expenses of $1,000 or more?  Yes ☒ No

(7) ACTIVITY SERVICE AREA INFORMATION
(a) Service Area: Identify the service area for the proposed project. Please note that we will utilize Census 2000 data as found in Map Locator.

(b) Site Address/Type/Census Tracts: Indicate the address of the site(s). Indicate if it is a construction or a service facility. Indicate what census tract(s) it is in (if construction) or the census tracts it serves (if a facility).

(8) ACTIVITY BUDGET SUMMARY
Budget: Indicate budgeted amounts by Cost Category: Personnel, Non-Personnel, Capital Outlays, and Administration.

In developing your construction activity (if applicable), consider whether State prevailing wage requirements apply to the activity. In general, State prevailing wage applies to construction projects with expenses of $1,000 or more.

Please complete an Exhibit A form for each Activity and Sub-Activity. It will be considered on a project-by project basis if these may be combined into a single project that will be completed during the same contract term using the same Program Year funding.

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(9) ACTIVITY LEVERAGED FUNDING SOURCES
Indicate the type and amount of leveraged funds to be used for this activity. Please note that PLHA funds are not to be included in this Section. Leveraged funds are project funds in addition to PLHA funds.

(10) IMPLEMENTATION SCHEDULE
For activities that involve housing development and facility projects only, provide target dates (month-date-year) that correspond to identified milestones with regard to the completion of the activity. Activity schedule should correspond with the Expenditure deadlines assigned to each funding Year.

(11) COMMENTS: Please provide any additional comments which you believe will assist LACDA staff in evaluating this project's eligibility.

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PERMANENT LOCAL HOUSING ALLOCATION PROGRAM EXHIBIT A INPUT FORM

1. ACTIVITY:

(a) Project Title:

Supportive Case Management

(b) Beginning Date: 12/08/2025

Ending: 12/31/2026

2. OPERATING AGENCY:

(a) Agency Name:

City of Bell Gardens

(b) Agency Address:

7100 Garfield Ave, Bell Gardens, CA 90201

Name:

Veronica Jaramillo
Title:

Housing Specialist II
Telephone Number: (562) 806-7727

E-mail Address: [email protected]

3. PROJECT ADMINISTRATION: City of Bell Gardens Community Development and Recreation & Community Services Department - Veronica Jaramillo, Housing Specialist II (562) 806-7727.

4. CONTRACTED SERVICES/SUBRECIPIENTS: (Describe duties to be performed.)

The City will procure for a consultant to assist with PLHA project related administrative services.

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5. ACTIVITY ELIGIBILITY SUMMARY: Select Activity and Sub-Activity:

 Multifamily Rental Housing
 Acquisition  Predevelopment  Development  Rehabilitation  Preservation  Operating Subsidies

 Affordable Rental, Ownership, and ADU Housing
 Acquisition  Predevelopment  Development  Rehabilitation  Preservation

 Matching Funds to Regional Housing Trust Funds

 Accessibility Modifications for Owner-Occupied Housing

 Acquisition and Rehabilitation of Foreclosed or Vacant Homes

 Homeownership Opportunities Assistance

(b) Estimated Number of Accomplishments:

50 accomplishments

 Units

☒Households

This program will establish a team of skilled case managers that will identify households at risk of homelessness. Case management includes but is not limited to the following services : housing stability assistance, homeless prevention, guidance on tracking expenses, managing bills, prioritizing financial obligations, and review of applications for Bell Gardens' PLHA Rental Assistance Program. Participants that are approved for the PLHA RAP, will continue to receive supportive case management that provides resources for financial counseling, employment assistance and healthcare services. This program is 100% PLHA funded and will be used for personnel and non-personnel costs.

(b) Will this project involve construction expenses of $1,000 or more?  Yes ☒No

7. ACTIVITY SERVICE AREA INFORMATION:

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(a) Service Area (Select the method by which you will define your service area):

☒ Citywide  Countywide  Districtwide
 Other - Please describe, i.e. San Gabriel Valley, Unincorporated South Whittier

(b) Site Address/Type/Census Tract:

Site Address Type (Choose one only.) Census
Tract(s)
 Construction Site
☐Service Facility

 Construction Site
 Service Facility

8. ACTIVITY BUDGET SUMMARY: (The Operating Agency understands that no expenditures may be incurred before the contract has been fully executed.)

Budget by Cost Category

Total

Personnel

$ 27,854.00
Non-Personnel

$200,000.00
Capital Outlays

$0.00
Administration $0.00

TOTAL:

$ 227,854.00

9. ACTIVITY LEVERAGED FUNDING SOURCES: NA

Source

Amount

Source

Amount

TOTAL:

10. IMPLEMENTATION SCHEDULE: (For predevelopment, construction, acquisition, rehabilitation, or preservation activities only.)
NA

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Milestone

Target Date (Month-
Day-Year)

Comments

Phase 1: December 19, 2024 Post public notice

Phase 2: January 27, 2025 Present resolution to the City Council

Phase 3: March 1, 2025 Continue existing program

Phase 4:

Phase 5:

Phase 6:

Phase 7: Construction Completed

Phase 8: Post Construction/Labor
File Review

11. COMMENTS: If necessary, attach any additional information which you believe will assist in evaluating your project’s eligibility.

Continued funding for this program assists both tenants and property owners to prevent vacancies and avoid homelessness.

EXHIBIT A INPUT FORM INSTRUCTIONS

(1) ACTIVITY
(a) Project Title:

Each project is given an activity title that gives a clear indication of the overall nature of the activity (e.g., “Walnut Park Division Project - First District”). Do not exceed 60 characters.

(b) Funding Period:

(3) PROJECT ADMINISTRATION

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Identify the entity administering the project. Include the name(s) and title(s) of the project manager(s), and the address and phone number for the Agency administering the project, if other than a LACDA Project Manager.

(4) CONTRACTED SERVICES/SUBRECIPIENTS
List the name(s) of the individuals, firms, or subrecipients providing contracted services as part of the project.

(5) ACTIVITY ELIGIBILITY SUMMARY
(a) Select Activity and Sub-Activity: Indicate proposed project activity and budget. You may select more than one activity for each funding year.

(b) Expected Accomplishments:

Identify the performance indicator that most correctly corresponds to the activity. The performance indicator may include number of units or households assisted.

(6) ACTIVITY SUMMARY:

(a) Detailed Description: Provide a detailed description of the activity to be implemented within the overall project.

The summary should provide sufficient detail (who, what, when, where) to permit a clear understanding of the nature, beneficiaries, and eligibility of the activity.

(b) Will this project involve construction expenses of $1,000 or more?  Yes ☒ No

(7) ACTIVITY SERVICE AREA INFORMATION
(a) Service Area: Identify the service area for the proposed project. Please note that we will utilize Census 2000 data as found in Map Locator.

(8) ACTIVITY BUDGET SUMMARY
Budget: Indicate budgeted amounts by Cost Category: Personnel, Non-Personnel, Capital Outlays, and Administration.

(9) ACTIVITY LEVERAGED FUNDING SOURCES

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Indicate the type and amount of leveraged funds to be used for this activity. Please note that PLHA funds are not to be included in this Section. Leveraged funds are project funds in addition to PLHA funds.

(11) COMMENTS: Please provide any additional comments which you believe will assist LACDA staff in evaluating this project's eligibility.

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CITY OF BELL GARDENS

THIRTY (30) DAY PUBLIC NOTICE

CONSIDERATION OF A RESOLUTION APPROVING AND AUTHORIZING THE CITY’S CONTINUED PARTICIPATION IN THE
PERMANENT LOCAL HOUSING ALLOCATION (PLHA) PROGRAM FOR YEAR 5

Notice is hereby given that on February 24, 2025, the City Council of the City of Bell Gardens will consider the adoption of PLHA funds, allocated by the Los Angeles County Development Authority (LACDA) which provides a stable funding source for local governments to address affordable housing stock shortages by increasing the supply of affordable housing, increasing assistance to affordable owner-occupied workforce housing, assisting persons experiencing or at risk of homelessness, facilitating housing affordability; and promoting projects and programs to meet the local government’s unmet share of regional housing needs allocation.

The Year 5 PLHA allocation for the City of Bell Gardens is estimated at $227,854. PLHA activities to be funded may include:

Residential Rental Assistance Program Proposed $200,000 Homeless Prevention Services Proposed $27,854

The proposed budget for the recommended activities will be considered at the meeting. The approved PLHA activities and accompanying budget will be submitted to the LACDA for inclusion in its application to California Department of Housing and Community Development (HCD).

Persons attending the meeting will be furnished with the following information: 1) the amount of PLHA funds expected to be available to the City for the upcoming program year; and 2) the proposed activities to be undertaken with PLHA funds.

All interested parties are invited to comment on the adoption of PLHA funds, allocated by the Los Angeles County Development Authority (LACDA). Further information on this program may be obtained by contacting the City Clerk's Office located at 7100 Garfield Avenue, Bell Gardens, CA 90201 during regular business hours 7:30 a.m. to 6:00 p.m., Monday through Thursday at (562) 806-7704 or via email to [email protected].

Daisy Gomez
City Clerk

Posted: January 14, 2025
Bell Gardens City Hall
Bell Gardens John Anson Ford Park
Bell Gardens Veterans Park - Ross Hall Auditorium
Bell Gardens Department of Public Works

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CITY OF BELL GARDENS

OFFICE OF THE CITY MANAGER

EXECUTIVE SUMMARY
TO:Honorable Mayor and City Council Members
FROM: Michael B. O’Kelly, City Manager
BY:Bernardo Iniguez, Director of Public Works/Facilities SUBJECT: Consideration of a Resolution Approving a Contract Services Agreement with ABM For Heating, Ventilation and Air
Conditioning Maintenance Services
MEETING DATE:February 24, 2025
RECOMMENDATION:

It is staff’s recommendation that the City Council adopt the attached Resolution authorizing the City Manager to execute a Contract Services Agreement with ABM for Heating, Ventilation and Air Conditioning Maintenance Services.

BACKGROUND/DISCUSSION:

The Public Works Department is responsible for the maintenance of all City-owned facilities, including comprehensive oversight of heating, ventilation and air conditioning (HVAC) systems. The HVAC maintenance program encompasses a range of services, including routine preventative maintenance, regular system inspections, annual maintenance procedures, and any other HVAC-related work. These services are currently provided by private firms.

On December 23, 2024, the City released a Request-for-Proposals (“RFP”) inviting service providers to submit proposals to provide HVAC maintenance services at City facilities. Additionally, Public Works staff sent the RFP directly to thirteen eligible firms within the region. On January 7, 2025, the City issued Addendum No. 1 to 1) respond to proposers’ questions, and 2) include a sample Contract Services Agreement. On January 14, 2025, the City received proposals from six proposers: ABM Building Solutions LLC (“ABM”), Bilthub Repair Services, Creative Air Mechanicals, F.M. Thomas Air Mechanical (“F.M. Thomas”), Harbor Pointe, and Pacific West Industries.

The proposals were reviewed and scored based on their completeness in response to the following evaluation criteria outlined in the RFP:

•Experience providing similar services with other public agencies •Proposed staff’s experience with services requested in the RFP

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•Understanding of the work to be performed
•References
•Fee proposal

On January 30, 2024, Public Works staff conducted interviews with the three highest- rated firms to further assess their qualifications. The table below illustrates the scores of the highest-rated proposers after interviews:

ABM Harbor Pointe F.M. Thomas
Score 96 87 87

After the interviews were completed, the City and the highest-rated firm began negotiations to finalize pricing terms. Although contracts for professional services need not be awarded to the lowest responsible bidder, cost may be considered as a factor.

The table below illustrates a comparison of the final rates offered by the firms for the proposed 3-year agreement, excluding any optional extensions:

ABM Harbor Pointe F.M. Thomas
Proposed Fee Year 1 $ 42,143.00 $ 30,543.39 $ 54,783.00 Optional Exhaust Fan Cleaning $ 1,838.00 N/A N/A
Total $ 43,381.00 $30,543.39 $ 54,783. 00

ABM Harbor Pointe F.M. Thomas
Proposed Fee Year 2 $ 42,143.00 $ 32,070.55 $ 54,783.00 Optional Exhaust Fan Cleaning $ 1,838.00 N/A N/A
Total $ 43,381.00 $32,070.55 $ 54,783. 00

ABM Harbor Pointe F.M. Thomas
Proposed Fee Year 3 $ 42,143.00 $ 33,674.14 $ 54,783.00 Optional Exhaust Fan Cleaning $ 1,838.00 N/A N/A
Total $ 43,381.00 $33,674.14 $ 54,783. 00

In determining a recommendation, staff emphasizes that expertise, project approach, qualifications, and costs are important factors to consider. ABM’s proposal demonstrated that their firm understands the City’s demands and requirements and they have developed a solid reputation for providing outstanding services.

CONCLUSION:

Based on ABM’s proposal rating, staff is recommending that the City Council award ABM a three-year Contract Services Agreement with an optional two one-year extensions for an amount not-to-exceed $43,381 to provide HVAC maintenance services.

FISCAL IMPACT:

Funds for contracted services are included in the FY 2024-2025 budget.

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APPROVED ELECTRONICALLY BY:

Michael B. O'Kelly, City Manager
Stephanie Vasquez, City Attorney
Manuel Carrillo, Director of Finance and Administrative Services

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RESOLUTION NO. 2025-15

A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF BELL

GARDENS, CALIFORNIA, APPROVING A CONTRACT SERVICES

AGREEMENT WITH ABM BUILDING SOLUTIONS, LLC FOR

HEATING, VENTILATION AND CONDITIONING MAINTENANCE

SERVICES

WHEREAS, the City of Bell Gardens (“City”) oversees the maintenance of all City- owned facilities, including proper operations of Heating, Ventilation and Air Conditioning (“HVAC”) systems; and

WHEREAS, as part of its maintenance operations, the City addresses its HVAC maintenance services through a Contract Services Agreement; and

WHEREAS, in accordance with Bell Gardens Municipal Code (“BGMC”) Section

3.04.105, on December 23, 2024, the City released a Request-for-Proposals for Heating, Ventilation and Conditioning Maintenance Services (“RFP”); and

WHEREAS, on January 7, 2025, the City released Addendum No. 1 to respond to proposers’ questions; and

WHEREAS, on January 14, 2025, the City received proposals from six (6) qualified firms; and

WHEREAS, a comprehensive review of proposals was conducted by City staff in accordance with the evaluation criteria specified in the RFP; and

WHEREAS, interviews were conducted on January 30, 2025, with the three highest-rated firms following the initial proposal review, to further assess their suitability and qualifications; and

WHEREAS, City staff determined that ABM Building Solutions, LLC is the most qualified firm to perform such contracted services by virtue of its experience, training, licenses, and expertise; and

WHEREAS, the City desires to enter into a Contract Services Agreement with ABM for HVAC Maintenance Services.

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 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.

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Resolution No. 2025-15
2 of 3

SECTION 2. The City Council hereby approves a Contract Services Agreement for Heating, Ventilation and Conditioning Preventative Maintenance Services by and between the City and ABM Building Solutions, LLC in a form approved by the City Attorney.

SECTION 3. The City Council further authorizes the City Manager to execute the Contract Services agreement between the City and ABM Building Solutions, LLC, consistent with this resolution, along with any ancillary documents reasonably necessary to effectuate the intent of this Resolution.

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

PASSED, APPROVED, and ADOPTED this 24th day of February, 2025.

THE CITY OF BELL GARDENS

_____________________________
Jorgel Chavez, Mayor

APPROVED AS TO FORM: ATTEST:

_____________________________ _____________________________ Stephanie Vasquez Daisy Gomez
City Attorney City Clerk

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Resolution No. 2025-15
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 February 24, 2025, and was approved and passed by the following vote:

AYES:

NOES:

ABSTAIN:

ABSENT:

__________________________
Daisy Gomez, City Clerk

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1 2025

CONTRACT SERVICES AGREEMENT
(Contractor: ABM Building Solutions, LLC)
(Nature of Engagement: Heating, Ventilation and Air Conditioning (HVAC) Maintenance Services)

THIS CONTRACT SERVICES AGREEMENT (hereinafter, “Agreement”) is made and entered into this ___________ day of _________________ 202 5 (hereinafter, the “Effective Date”), by and between the CITY OF BELL GARDENS, a municipal corporation (hereinafter, “CITY”) and ABM BUILDING SOLUTIONS, LLC (hereinafter, “CONTRACTOR”). For the purposes of this Agreement, CITY and CONTRACTOR may be referred to collectively by the capitalized term “Parties.” The capitalized term “Party” may refer to CITY or CONTRACTOR interchangeably.

RECITALS

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 issued a Request for Proposals for Heating, Ventilation and Air Conditioning (HVAC) Maintenance Services; and

WHEREAS, CITY staff has determined that CONTRACTOR possess the skills, experience and expertise required to competently provide the services and tasks contemplated under this Agreement; and

WHEREAS, the execution of this Agreement was approved by the Bell Gardens City Council at its Regular Meeting of February 24, 2025.

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

SECTION 1. SCOPE OF WORK.

A. Subject to the terms and conditions of this Agreement, CONTRACTOR agrees to provide CITY HVAC maintenance services. The various tasks and related services to be performed by CONTRACTOR are more specifically described in the CITY’s “Request for Proposals for Heating, Ventilation and Air Conditioning (HVAC) Maintenance Services” (hereinafter the “CITY RFP”) dated December 23, 2024, and the written proposal of CONTRACTOR entitled “Heating, Ventilation and Air Conditioning (HVAC) Maintenance Services” (hereinafter, the “CONTRACTOR PROPOSAL”) dated February 4, 2025. The CITY RFP and the CONTRACTOR 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 CONTRACTOR 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 CONTRACTOR PROPOSAL, the requirements of the document entitled CITY

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2 RFP shall govern and control but only to the extent of the conflict or inconsistency and no further. In the event of any conflict or inconsistency between the provisions of the Scope of Work and the provisions of this Agreement to which the Scope of Work is attached, the provisions of this Agreement shall govern and control but only to the extent of the conflict or inconsistency and no further.

B. CONTRACTOR shall provide all labor, materials, tools, supplies, equipment, services, tasks and incidental and customary work necessary to competently perform and timely complete the Work. CONTRACTOR shall perform the Work in accordance with the terms and conditions of this Agreement and in accordance with such other written or verbal directives as may be issued by CITY.

C. By executing this Agreement, CONTRACTOR warrants that CONTRACTOR: (i) has thoroughly investigated and considered the nature of the work, services and tasks to be performed under this Agreement; (ii) has carefully considered how the Work should be performed; and (iii) fully understands the facilities, difficulties, and restrictions attending performance of the services under this Agreement.

CONTRACTOR warrants that it will inspect any location where the Work is to be performed and acquaint itself with the conditions of the location prior to commencing any of the Work requested by CITY. Should the CONTRACTOR discover any latent or unknown conditions which will materially affect the performance of the services hereunder, CONTRACTOR shall immediately inform the CITY of such fact and shall not proceed, except at CONTRACTOR’s risk until written instructions are received from the City Representative as defined herein.

D. In the event CONTRACTOR ceases to perform the Work agreed to under this Agreement or otherwise abandons any undertaking contemplated herein prior to completion and acceptance of the Work, CONTRACTOR shall deliver to CITY immediately and without delay, all materials, records and other work product prepared or obtained by CONTRACTOR in the performance of this Agreement.

Furthermore, CONTRACTOR shall 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 expe nses which CITY may incur as a result of CONTRACTOR’s cessation or abandonment.

SECTION 2. TERM.

A. This Agreement shall have a term of three (3) years commencing as of the Effective Date (hereinafter, the “Term”). The Term of the Agreement may be extended by the CITY subject to its same terms and conditions for a maximum of two (2) one-year extensions, provided the City Manager issues written notice of its intent to extend the Term of the Agreement prior to the expiration of the initial Term.

B. 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.

C. CONTRACTOR shall perform the Work continuously and with due diligence.

CONTRACTOR shall cooperate with CITY and in no manner interfere with the Work of CITY, its employees or other consultants, contractors or agents.

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3 D. CONTRACTOR shall not claim or be entitled to receive any compensation or damage because of the failure of CONTRACTOR, or its subcontractors, to have related services or tasks completed in a timely manner.

E. CONTRACTOR shall at all times enforce strict discipline and good order among CONTRACTOR’s employees.

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

SECTION 3. PROSECUTION OF WORK.

A. CONTRACTOR shall perform the Work contemplated under this Agreement on an as-needed, as requested basis. Nothing in this Agreement shall be construed to grant CONTRACTOR 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 CONTRACTOR 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 CONTRACTOR and accepted by CITY. CITY requests for the performance of specific 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 “Work Order”). Each Work Order 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. CONTRACTOR shall perform no Work under this Agreement without a written request from the City Representative, containing the information set forth in Section 3(A), above.

C. Time is of the essence in the performance of Work under this Agreement, and in the absence of a specific schedule or other instructions from the City Representative, CONTRACTOR shall begin and complete performance of the Work to completion in a timely and a diligently manner as possible.

SECTION 4. COMPENSATION.

A. CONTRACTOR shall perform all the Work in accordance with the rates set forth in the CONTRACTOR PROPOSAL.

B. CONTRACTOR’s total compensation during the Term of this Agreement shall not

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4 exceed the annual sum of FORTY-THREE THOUSAND THREE HUNDRED EIGHTY-ONE DOLLARS ($43,381) (hereinafter, the “Annual Not-to-Exceed Sum”). CONTRACTOR further agrees that the Annual 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. CONTRACTOR shall have no right or entitlement to any overage contingency sums authorized by the City Council unless the City Representative authorizes the expenditure of such overage contingency funds in writing in the City Representative’s sole and absolute discretion.

C. The Annual Not-to-Exceed Sum will be paid to CONTRACTOR in monthly increments as the Work is completed. Following the conclusion of each calendar month, CONTRACTOR will submit to CITY an itemized invoice indicating the work performed and the tasks completed during the recently concluded calendar month, including the Work and tasks performed and the reimbursable out -of-pocket expenses incurred. If the amount of CONTRACTOR’s compensation includes hours worked by CONTRACTOR’s personnel, the invoice shall indicate the number of hours worked in connection with the specific service or task requested, 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 shall notify CONTRACTOR in writing of any disputed amounts included in the invoice. Within forty-five (45) calendar days of receipt of each invoice, CITY shall pay all undispute d amounts included on the invoice. CITY shall not withhold applicable taxes or other authorized deductions from payments made to CONTRACTOR.

SECTION 5. STANDARD OF CARE.

A. CONTRACTOR represents, acknowledges and agrees as follows:

1. CONTRACTOR shall perform all work skillfully, competently and to the highest standards applicable to the CONTRACTOR’s field;

2. CONTRACTOR represents all personnel assigned to perform the Work for CITY under this Agreement shall possess the skill, training, and experience necessary to competently perform the Work and shall at all times possess and maintain all licenses, certifications and/or qualifications necessary to perform the Work;

3. CONTRACTOR shall perform all work in a manner reasonably satisfactory to the CITY;

4. 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 81000 et seq.). CONTRACTOR’s compliance with applicable laws will include, without limitation, compliance with all applicable Cal/OSHA requirements and applicable regulations of the Federal Department of

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5 Housing and Urbanization;

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

6. In the performance of this Agreement, CONTRACTOR shall supply and deploy personnel, equipment, tools, and materials necessary, in the reasonable opinion of CITY, to perform all Work in compliance with the standard of care set forth in this Section and to time complete all Work as specified by the Scope of Work or other written order;

7. All of CONTRACTOR’s employees and agents (including but not limited to CONTRACTOR’s 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 shall be maintained throug hout the term of this Agreement; and

8. CONTRACTOR shall perform, at CONTRACTOR’s sole cost and expense, any tasks necessary to correct any errors or omissions caused by CONTRACTOR’s failure to comply with the standard of care set forth in this Section or by any like failure on the part of CONTRACTOR’s employees, agents, contractors, 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 Representative in writing in the City Representative’s sole and absolute discretion.

B. The Parties acknowledge and agree that CONTRACTOR shall perform, at CONTRACTOR’s own cost and expense and without any reimbursement 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, contractors, 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 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 shall not constitute a release of any deficiency or delay in performance. The Parties further acknowledge, understand and agree that CONTRACTOR has relied 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 same type of work and services in the State of

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6 California.

SECTION 6. REPRESENTATIVES.

A. City Representative. For the purposes of this Agreement, the contract administrator and CITY’s representative shall be Bernardo Iniguez, Director of Public Works/Facilities (hereinafter, the “City Representative”). It shall be CONTRACTOR’s responsibility to assure 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 made by CITY to the City Representative.

Unless otherwise specified herein, any approval of CITY required hereunder shall mean the approval of the City Representative.

B. Contractor Representative. For the purposes of this Agreement, Chan Onechanh, Area Manager, is hereby designated as the principal and representative of CONTRACTOR authorized to act on its behalf with respect to CONTRACTOR’s performance under this Agreement and to make all decisions in connection therewith (hereinafter, the “Contractor Representative”). Notice to the Contractor Representative whether written or verbal shall constitute notice to CONTRACTOR.

The Contractor’s Representative shall supervise and direct the Work, using their best skill and attention, and shall be responsible for all means, methods, techniques, sequences, and procedures and for the satisfactory coordination of all portions of the Services under this Agreement.

SECTION 7. CONTRACTOR’S PERSONNEL.

A. CONTRACTOR represents that it has, or will secure at its own expense, all personnel required to perform the Work and all other services and tasks necessary for CONTRACTOR to competently and timely complete the improvements contemplated under this Agreement. All Work, services and tasks will be performed under CONTRACTOR’s supervision, and CONTRACTOR’s personnel engaged in the performance of the work, services and tasks contemplated under this Agreement shall possess the qualifications, permits and licenses required by applicable law to perform such work, services and tasks.

B. CONTRACTOR shall obtain at its sole cost and expense such licenses, 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, taxes, penalties, or interest levied, asse ssed, or imposed against CITY hereunder.

C. CONTRACTOR shall be solely responsible for the satisfactory work performance of all personnel engaged in performing the Work.

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7 shall remove any such person immediately upon receiving notice from CITY of the desire of CITY for the removal of such person or persons.

E. CONTRACTOR shall be responsible for payment of all employees’ and subconsultants’ wages and benefits and shall comply with all requirements pertaining to employer’s liability, workers’ compensation, unemployment insurance, and Social Security.

F. CONTRACTOR shall obtain and maintain during the Agreement term all necessary licenses, permits and certificates required by law for the performance of the Work contemplated under this Agreement.

SECTION 8. SUBSTITUTION OF KEY PERSONNEL. CONTRACTOR 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, CONTRACTOR may substitute other personnel of at least equal competence upon written approval of CITY. In the event that CITY and CONTRACTOR cannot agree as to the substitution of key personnel, CITY shall be entitled to terminate this Agreement for cause. As discussed below, any personnel who fail or refuse to perform the Work in a manner acceptable to the CITY, or who are determined by the CITY to be uncooperative, incompetent, a threat to the adequate or timely completion of the Project or a threat to the safety of persons or property, shall be promptly removed from the Project by the CONTRACTOR at the request of the CITY.

SECTION 9. PREVAILING WAGES AND GENERAL LABOR COMPLIANCE AND REPORTING.

A. CONTRACTOR and any subcontractor performing or contracting any portion of the Work shall comply with all applicable provisions of the California Labor Code for all workers, laborers and mechanics of all crafts, classifications or types, including, but necessarily limited to the following:

1. In accordance with California Labor Code Section 1810, eight (8) hours of labor in performance of the Work shall constitute a legal day’s work under this Contract. CONTRACTOR and any subcontractor shall pay workers overtime pay (not less than 1 1/2 times the base rate of pay) as required by California Labor Code Section 1815. CONTRACTOR and any subcontractor shall, as a penalty to the CITY, forfeit twenty-five dollars ($25) for each worker employed in the execution of the contract by the respective contractor or subcontractor for each calendar day during which the worker is required or permitted to work more than 8 hours in any one calendar day and 40 hour s in any one calendar week in violation to the provisions of Article 3 of Chapter 1 of Part 7, Division 2 of the California Labor Code, which is incorporated by this reference as though fully set forth herein.

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8 that copies of the prevailing rate of per diem wages and a general prevailing rate for holidays, Saturdays and Sundays and overtime work in the locality in which the work is to be performed for each craft, classification, or type of worker required to execute the Contract, are on file at the Public Works Yard, which copies shall be made available to any interested party on request.

CONTRACTOR shall post a copy of said prevailing rate of per diem wages at each job site.

B. As required by Section 1773.1 of the California Labor Code, CONTRACTOR shall pay travel and subsistence payments to each worker needed to execute the Work, as such travel and subsistence payments are defined in the applicable collective bargaining agreements filed in accordance with this Section.

C. To establish such travel and subsistence payments, the representative of any craft, classification, or type of workman needed to execute the contracts shall file with the Department of Industrial Relations fully executed copies of collective bargaining agreements for the particular craft, classification or type of work involved. Such agreements shall be filed within ten (10) days after their execution and thereafter shall establish such travel and payments.

D. CONTRACTOR shall comply with the provisions of Section 1775 of the California Labor Code and shall, as a penalty to CITY, forfeit up to fifty dollars ($50) for each calendar day, or portion thereof, for each worker paid less than the prevailing rate of per diem wages for each craft, classification, or type of worker needed to execute the contract. CONTRACTOR shall pay each worker an amount equal to the difference between the prevailing wage rates and the amount paid worker for each calendar day or portion thereof for which a worker was paid less than the prevailing wage rate. CONTRACTOR is required to pay all applicable penalties and back wages in the event of violation of prevailing wage law, and CONTRACTOR and any subcontractor shall fully comply with Ca lifornia Labor Code Section 1775, which is incorporated by this reference as though fully set forth herein.

E. CONTRACTOR and any subcontractor shall maintain and make available for inspection payroll records as required by Labor Code Section 1776, which is incorporated by this reference as though fully set forth herein. CONTRACTOR is responsible for ensuring compliance with Labor Code Section 1776 and shall keep accurate payroll records containing all such information as maybe called for under Labor Code Section 1776 and other applicable provisions of State law.

F. CONTRACTOR and any subcontractors shall, when they employ any person in any apprenticeable craft or trade, apply to the joint apprenticeship committee administering the apprenticeship standards of the craft or trade in the area of the work site for a certificate approving CONTRACTOR or subcontractor under the apprenticeship standards for the employment and training of apprentices in the area or industry affected; and shall comply with all other requirements of Section 1777.5 of the California Labor Code, wh ich is incorporated by this reference as though fully set forth herein. The responsibility of compliance with California Labor Code Section 1777.5 during the performance of this contract rests with CONTRACTOR. Pursuant to California Labor Code Section 1777.7, in the event

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9 CONTRACTOR knowingly fails to comply with the provisions of California Labor Code Section 1777.5, civil penalties will be assessed. CONTRACTOR shall also be subject to California Labor Code Section 1777.1.

G. In accordance with the provisions of Article 5, Chapter 1, Part 7, Division 2 (commencing with Section 1860), and Chapter 4, Part 1, Division 4 (commencing with Section 3700) of the California Labor Code, CONTRACTOR is required to secure the payment of compensation to its employees and for that purpose obtain and keep in effect adequate Workers' Compensation Insurance and Employers Liability Insurance. If CONTRACTOR, in the sole discretion of the CITY satisfies the CITY of the responsibility and capacity u nder the applicable Workers' Compensation Laws, if any, to act as self-insurer, CONTRACTOR may so act, and in such case, the insurance required by this paragraph need not be provided.

CONTRACTOR is advised of the provisions of Section 3700 of the California Labor Code, which requires every employer to be insured against liability for Workers' Compensation or to undertake self-insurance in accordance with the provisions of that Code and shall comply with such provisions and have Employer’s General Liability limits of $1,000,000 per accident before commencing the performance of the Work of this Contract. The Notice to Proceed with the Work under this Contract will not be issued, and CONTRACTOR shall not commence the Work, until CONTRACTOR submits written evidence that it has obtained full Workers' Compensation Insurance coverage for all persons whom it employs or may employ in carrying out the Work under this Contract. This insurance shall be in accordance with the requirements of the most current and applicable state Workers' Compensation Insurance Laws. In accordance with the provisions of Section 1861 of the California Labor Code, CONTRACTOR in signing this Contract certifies to the CITY as true the following statement: "I am aware of the provisions of Section 3700 of the Labor Code which require every employer to be insured against liability for Workers' Compensation or to undertake self-insurance in accordance with the provisions of that Code, and I will comply with such provisions before commencing the performance of the Work of this contract." A subcontractor is not allowed to commence the Work on the project until verification of Workers’ Compensation Insurance coverage has been obtained and verified by CONTRACTOR and submitted to the Public Work’s Director for the CITY’s review and records.

H. In accordance with the provisions of Section 1727 of the California Labor Code, the CITY, before making payment to CONTRACTOR of money due under a contract for public work, shall withhold and retain therefrom all amounts required to satisfy any civil wage and penalty assessment issued by the Labor Commissioner, along with the terms of Chapter 1, Part 7, Division 2 of the California Labor Code (commencing with Section 1720). But no sum shall be withheld, retained or forfeited, except from the final payment, without a full investigation by either the Division of Labor Standards Enforcement or by the CITY.

SECTION 10. 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 CONTRACTOR, 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

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10 solely for CONTRACTOR, 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 shall have the absolute and unfetter ed 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 prese nt or anticipated material benefit arising therefrom.

SECTION 11. INDEPENDENT CONTRACTOR.

A. All acts of CONTRACTOR, its agents, officers, subcontractors and employees and all others acting on behalf of CONTRACTOR relating to the performance of this Agreement, shall be performed as independent contractors and not as agents, officers, or employees of 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 power vested in CITY. No agent, officer, or employee of CITY is to be considered an employee of CONTRACTOR. 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 of 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 and, except as expressly provided in this Agreement, shall not be subjected to CITY's control with respect to the physical action or activities of the CONTRACTOR in fulfillment of this Agreement.

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 under this Agreement. If necessary, CONTRACTOR has the responsibility for employing other persons or firms to assist CONTRACTOR in fulfilling the terms and obligations under 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. All terms 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. It is understood and agreed that as an independent contractor and not an employee of CITY neither the CONTRACTOR nor CONTRACTOR'S assigned personnel shall have any entitlement as a CITY employee, right to act on behalf of CITY in any capacity whatsoever as an agent, or to bind CITY to any obligation whatsoever.

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11 F. As an independent contractor, CONTRACTOR hereby indemnifies 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 12. CONFLICTS 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 conflicting interest shall be employed by or associated with CONTRACTOR in connection with this project. 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 similar to this Section shall be incorporated into any sub-contract that CONTRACTOR executes in connection with the performance of this Agreement.

SECTION 13. 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, religio us creed, color, national origin, ancestry, physical disability, mental disability, medical condition, genetic information, marital status, sex, gender, gender identity, gender expression, age, sexual orientation, reproductive health decision making or military and veteran status.

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 12900 et seq.). The applicable regulations of the Fair Employment and Housing Act, set forth in Part 2.8, Division 3, of Title 2 of the Government Code are incorporated into this Contract by reference and made a part hereof as if set forth in full. CONTRACTOR and its subcontractors shall give written notice of their obligations under this clause to labor organizations with which they have a collective bargaining or other agreement. This CONTRACTOR shall include the nondiscrimination and compliance provisions of this clause in all subcontracts to perform the Work under this Agreement.

SECTION. 14. INDEMNIFICATION.

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12 related to this Agreement and the performance or failure to perform any term, provision, covenant, or condition of the Agreement, including this indemnity provision. This indemnity provision is effective regardless of any prior, concurrent, or subsequent active or passive negligence by CONTRACTOR and shall operate to fully indemnify Indemnitees against any such negligence. This indemnity provision shall survive the termination 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 Indemnitee'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 Indemnitees’ right to recover under this indemnity provision.

CONTRACTOR shall pay Indemnitees for any attorney’s fees and costs incurred in enforcing this indemnification provision. Notwithstanding the foregoing, nothing in this instrument shall be construed to 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 Indemnitor to defend Indemnitees shall be selected by Indemnitees.

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 Indemnitor 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 or entity involved by, for, with or on behalf of CONTRACTOR in the performance of this Agreement. In the event CONTRACTOR fails 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 property resulting from any alleged, intentional, reckless, negligent or otherwise wrongful acts, errors or omissions of CONTRACTOR or any of i ts 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

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13 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 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.

SECTION 15. INSURANCE.

A. CONTRACTOR shall at all times during the term of this Agreement carry, maintain, and keep in full force and effect, insurance as follows:

1. Commercial General Liability Insurance with minimum limits of One Million Dollars ($1,000,000) for each occurrence and in the aggregate for any personal injury, death, loss or damage.

2. Automobile Liability 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 California.

B. CONTRACTOR shall require each of its sub-consultants or sub-contractors 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 Best’s Insurance Guide.

D. CONTRACTOR agrees that if it does not keep the insurance required in this Agreement in full force and effect, 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 CITY’s Risk Manager a certificate or certificates of insurance showing that the insurance policies are in effect and satisfy the required amounts and specifications required pursuant to this Agreement.

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14 F. 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.

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 “endeavor” with regard to any notice provisions.

H. All policies of Commercial General Liability and Automobile Liability insurance shall be primary and any other insurance, deductible, or self-insurance maintained by the CITY, its officials, officers, employees, agents, or volunteers shall not contribute with this primary insurance. Policies shall contain or be endorsed to contain such provisions.

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, its officials, officers, employees, agents and volunteers.

J. 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.

L. Procurement of insurance by CONTRACTOR shall not be construed as a limitation of CONTRACTOR’s liability or as full performance of CONTRACTOR’s duties to indemnify, hold harmless and defend under Section 15 of this Agreement.

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

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15 N. 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.

SECTION 16. 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 of 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.

SECTION 17. 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 writing signed by the City Manager. CONTRACTOR may only terminate this Agreement for cause.

B. Termination for Cause. 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”) 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: (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 shall be cured, which shall not be less than the applicable cure period set forth in this Section 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 fails 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; (iii) 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 Agreemen t; 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 Event of Default within the following time periods:

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16 i. 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 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 CITY’s 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 end of the initial 30-day cure period.

If an Event of Default relates to a material falsehood or misrep resentation set forth in Exhibit “B” that is not susceptible to a cure, CITY in its sole and absolute discretion may elect to treat the falsehood or misrepresentation as a breach of this Agreement or waive 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 30-day cure period. The foregoing notwithstanding, an Event of Default dealing with CITY’s failure to timely pay any undisputed sums 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 the performance of any specific task or function performed by CONTRACTOR under this Agreement) pending CONTRACTOR’s cure of any Event of Default by giving CONTRACTOR written notice of CITY’s intent to suspend CONTRACTOR’s

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17 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, 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 performed by a Party shall give the other Party any contractual rights by custom, estoppel, or otherwise.

5. The duties and obligations imposed under this Agreement and the rights and remedies available hereunder shall be in addition to and not a limitation of any duties, obligations, rights and remedies otherwise imposed or available by law.

In addition to any other remedies available to CITY at law or under this Agreement in the event of any breach of this Agreement, CITY, in its sole and absolute discretion, may also pursue any one or more of the following remedies:

i. Upon written notice to CONTRACTOR, the CITY may immediately terminate this Agreement in whole or in part;

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

iv. 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 CITY’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 unpaid sums lawfully owed to CONTRACTOR under this Agreement for completed services and tasks. In no event shall CONTRACTOR be entitled to receive more than the amount that would be paid to CONTRACTOR for the full performance of the services required by this Agreement.

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

SECTION 18. FORCE MAJEURE. The Term shall be extended in the event of any delays due to unforeseeable causes beyond the control of CONTRACTOR and without the fault or negligence of CONTRACTOR, 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 CONTRACTOR 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 CONTRACTOR be entitled to recover damages against the CITY for any delay in the performance of this Agreement, however caused, CONTRACTOR’S sole remedy being extension of the Agreement pursuant to this Section.

SECTION 19. NOTICES. Any notices, bills, invoices, or reports required by this Agreement shall be deemed received on: (a) the day of delivery if delivered by hand or overnight courier service during CONTRACTOR’s and CITY’s regular business hours; or (b) on the third business day following deposit in the United States mail, postage prepaid, to the addresses heretofore below, or to such other addresses as the parties may, from time to time, designate in writing.

If to CITY: If to CONTRACTOR:

City of Bell Gardens
7100 S. Garfield Avenue
Bell Gardens, CA 90201
Attn: Bernardo Iniguez,
Director of Public Works/Facilities
Phone: 562-806-7700

ABM Building Solutions, LLC
14201 Franklin Avenue
Tustin, CA 92780
Attn: Chan Onechanh, Area
General Manager
Phone: 949-330-1555

SECTION 20. PROHIBITION. CONTRACTOR shall not delegate, transfer, subcontract or assign its duties or rights hereunder, either in whole or in part, without CITY’s prior written consent, and any attempt to do so shall be void and of no effect. CITY shall not be obligated or liable under this Agreement to any party other than CONTRACTOR.

SECTION 21. ATTORNEY FEES. In the event that CITY or CONTRACTOR commences any legal action or proceeding to enforce or interpret the provisions of this Agreement, the prevailing party shall be entitled to recover its costs of suit, including reasonable attorney’s fees.

SECTION 22. ENTIRE AGREEMENT. All documents referenced as exhibits in this Agreement are hereby incorporated in this Agreement. Except as expressly provided in this Agreement or its Exhibits, in the event of any conflict or inconsistency between the express provisions of this Agreement and provisions of any docu ment incorporated by

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19 reference, the provisions of this Agreement shall prevail and control. This instrument contains the entire Agreement between CITY and CONTRACTOR with respect to the subject matter herein. No other prior oral or written agreements are binding on the parties.

Any modification of this Agreement will be effective only if it is in writing and executed by both CITY and CONTRACTOR.

SECTION 23. GOVERNING LAW; JURISDICTION. This Agreement shall be interpreted and governed according to the laws of the State of California. In the event of litigation between the Parties, venue, without exception, shall 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, shall be in the Central District of California located in the City of Los Angeles, California.

SECTION 24. SEVERABILITY. Wherever possible, each provision of this Agreement shall be interpreted in such a manner as to be valid under applicable law. If any provision of this Agreement is determined by a court of competent jurisdiction to be invalid, void or unenforceable, the remaining provisions shall nevertheless continue in full force and effect.

SECTION 25. CAPTIONS. The captions used in this Agreement are solely for reference and the convenience of the Parties. The captions are not a part of the Agreement, in no way bind, limit, or describe the scope or intent of any provision, and shall have no effect upon the construction or interpretation of any provision herein.

SECTION 26. EXECUTION. 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.

[SIGNATURES ON FOLLOWING PAGE]

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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:____________________________
Stephanie Vasquez, City Attorney

ABM BUILDING SOLUTIONS, LLC:

By:_______________________________

Name:____________________________

Title:____________________

Date:_____________________

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21 EXHIBIT “A”

CITY RFP

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Page 1 of 2 ends

REQUEST FOR PROPOSALS FOR HEATING, VENTILATION AND AIR

CONDITIONING (HVAC) MAINTENANCE SERVICES

ADDENDUM NO. 1

January 7, 2025

This addendum is being issued for the REQUEST FOR PROPOSALS FOR HEATING,

VENTILATION AND AIR CONDITIONING (HVAC) MAINTENANCE SERVICES (“RFP”).

Submit a proposal with the full understanding and full consideration of this addendum.

A. This addendum is being issued to incorporate the following Questions and Answers (“Q&A”) into the RFP:

1. Q: I do not see the price sheet "Attachment A" in the RFP. Can you please advise on how we are to price this contract opportunity? A: Contractors are encouraged to develop their own pricing proposal based on the scope of work. The fee structure should be based on the required services, which include frequency of work and anticipated labor hours to complete all tasks outlined in the RFP. The price sheet should also include the contractor’s annual compensation for HVAC maintenance services.

2. Q: Are the quarterly meetings to be conducted onsite or can information be emailed and discussed via telephone conversations?
A: These quarterly meetings can be conducted via telephone conversations, video calls, or virtual meetings. However, the selected contractor must be available to conduct quarterly meetings in-person if requested by the City.

3. Q: The term of the Agreement will be for three (3) years with up to two (2) optional one-year extensions. Can the bidder define within Attachment “A” of their bid submission a yearly price increase percentage rather than projecting pricing of labor and material 3 to 5 years out?
A: Bidders may include proposed pricing increases for the term of the contract.

However, if bidders anticipate price increases, then bidders must include a comprehensive table noting their total annual compensation amount for each year of the contract (i.e. total compensation for Year 1, total compensation for Year 2, etc.).

CITY OF BELL GARDENS

PUBLIC WORKS DEPARTMENT

8327 GARFIELD AVENUE • BELL GARDENS, CALIFORNIA 90201-6122 (562) 806-7770 FAX (562) 806-7789 • WWW.BELLGARDENS.ORG

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Addendum No. 1
RFP - Heating, Ventilation and Air Conditioning (HVAC) Maintenance Services

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B. This addendum is being issued to make the following change:

Attachment “C” - Sample Services Agreement is hereby incorporated in the RFP with the enclosed sample Contract Services Agreement.

Inform subcontractors and suppliers as necessary.

Sincerely,

Bernardo Iniguez
Director of Public Works/ Facilities

Enclosure

The bidder shall individually identify and acknowledge receipt of this addendum by signing and enclosing a copy of this form in his/her bid submittal. Failure to do so may result in disqualification of his/her bid submittal.

Signature of Proposer Date

Proposer Firm Name and Address

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1 2025

CONTRACT SERVICES AGREEMENT
(Contractor: INSERT NAME)
(Nature of Engagement: INSERT DESCRIPTION OF ENGAGEMENT) THIS CONTRACT SERVICES AGREEMENT (hereinafter, “Agreement”) is made and entered into this ___________ day of _________________ 2025 (hereinafter, the “Effective Date”) by and between the CITY OF BELL GARDENS, a municipal corporation (hereinafter, “CITY”) and INSERT CONTRACTOR NAME (hereinafter, “CONTRACTOR”). For the purposes of this Agreement, CITY and CONTRACTOR may be referred to collectively by the capitalized term “Parties.” The capitalized term “Party” may refer to CITY or CONTRACTOR interchangeably.

RECITALS
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 requires INSERT THE KIND OF SERVICES REQUIRED; and WHEREAS, CITY staff has determined that CONTRACTOR possess the skills, experience and expertise required to competently provide the services and tasks contemplated under this Agreement; and
WHEREAS, the execution of this Agreement was approved by the Bell Gardens City Council at its Regular Meeting of ___, 2025.

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

Section 1. Scope of Work.

A. Subject to the terms and conditions of this Agreement, CONTRACTOR agrees to provide CITY INSERT SERVICES REQUIRED. The various tasks and related services to be performed by CONTRACTOR are more specifically described in the CITY’s “INSERT NAME OF CITY RFP” (hereinafter the “CITY RFP”) and the written proposal of CONTRACTOR entitled “INSERT TITLE OF PROPOSAL” (hereinafter, the “CONTRACTOR PROPOSAL”) dated INSERT DATE OF PROPOSAL. The CITY RFP and the CONTRACTOR PROPOSAL are attached and incorporated hereto as Exhibits “A” and “B” respectively. The term “Scope of Work” shall be a collective reference to the CITY RFP and the CONTRACTOR 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 CONTRACTOR 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

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2 provisions of this Agreement shall govern and control.

B.CONTRACTOR shall provide all labor, materials, tools, supplies, equipment, services, tasks and incidental and customary work necessary to competently perform and timely complete the Work. CONTRACTOR shall perform the Work in accordance with the terms and conditions of this Agreement and in accordance with such other written or verbal directives as may be issued by CITY.

C.By executing this Agreement, CONTRACTOR warrants that CONTRACTOR: (i) has thoroughly investigated and considered the nature of the work, services and tasks to be performed under this Agreement; (ii) has carefully considered how the Work should be performed; and (iii) fully understands the facilities, difficulties, and restrictions attending performance of the services under this Agreement.

CONTRACTOR warrants that CONTRACTOR has or will investigate any location where the Work is to be performed and is or will be fully acquainted with the conditions there existing, prior to undertaking any service or task requested by CITY in the manner described under Section 3, below. Should the CONTRACTOR discover any latent or unknown conditions which will materially aff ect the performance of the services hereunder, CONTRACTOR shall immediately inform the CITY of such fact and shall not proceed, except at CONTRACTOR’s risk until written instructions are received from the City Representative as defined herein.

D.In the event CONTRACTOR ceases to perform the Work agreed to under this Agreement or otherwise abandons any undertaking contemplated herein prior to completion and acceptance of the Work, CONTRACTOR shall deliver to CITY immediately and without delay, all materials, records and other work product prepared or obtained by CONTRACTOR in the performance of this Agreement.

Furthermore, CONTRACTOR shall 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 CONTRACTOR’s cessation or abandonment.

Section 2. Term.

A.This Agreement shall have a term of INSERT TERM TIME commencing from the Effective Date through INSERT DATE (hereinafter, the “Term”).

B.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.

C.CONTRACTOR shall perform the Work continuously and with due diligence.

CONTRACTOR shall cooperate with CITY and in no manner interfere with the Work of CITY, its employees or other consultants, contractors or agents.

D.CONTRACTOR shall not claim or be entitled to receive any compensation or damage because of the failure of CONTRACTOR, or its subcontractors, to have related services or tasks completed in a timely manner.

E.CONTRACTOR shall at all times enforce strict discipline and good order among CONTRACTOR’s employees.

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3 F.CONTRACTOR, at its sole expense, shall pay all sales, consumer, use or other similar taxes required by law.

G.CONTRACTOR shall complete the services within the term of this Agreement, and shall meet any other established schedules and deadlines.

Section 3. Prosecution of Work.

A.CONTRACTOR shall perform the Work contemplated under this Agreement on an as-needed, as requested basis. Nothing in this Agreement shall be construed to grant CONTRACTOR 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 CONTRACTOR 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 CONTRACTOR and accepted by CITY. CITY requests for the performance of specific 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 “Work Order”). Each Work Order 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.CONTRACTOR shall perform no Work under this Agreement without a written request from the City Representative, containing the information set forth in Section 3(A), above.

C.Time is of the essence in the performance of Work under this Agreement, and in the absence of a specific schedule or other instructions from the City Representative, CONTRACTOR shall begin and complete performance of the Work to completion in a timely and a diligently manner as possible.

Section 4. Compensation.

A.CONTRACTOR shall perform all the Work in accordance with the rates set forth in the CONTRACTOR PROPOSAL.

B.CONTRACTOR’s total compensation during the Term of this Agreement shall not exceed the annual sum of INSERT WRITTEN AMOUNT ($INSERT NUMBER) (hereinafter, the “Annual Not-to-Exceed Sum”). CONTRACTOR further agrees that the Annual Not-to-Exceed Sum is inclusive of compensation for all labor,

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4 materials, tools, supplies, equipment, services, tasks and incidental and customary work necessary to competently perform and timely complete the Work.

CONTRACTOR shall have no right or entitlement to any overage contingency sums authorized by the City Council unless the City Representative authorizes the expenditure of such overage contingency funds in writing in the City Representative’s sole and absolute discretion.

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 days of receipt of each invoice, CITY shall pay all undisputed amounts included on the invoice. CITY shall not withhold applicable taxes or other authorized deductions from payments made to CONTRACTOR.

Section 5. 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 represents and maintains that it is skilled in the professional calling necessary to perform the Services;
C.CONTRACTOR shall perform all work in a manner reasonably satisfactory to the CITY;
D.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 81000 et seq.). CONTRACTOR’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; E.CONTRACTOR 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 CONTRACTOR’s employees and agents (including but not limited to CONTRACTOR’s subcontractors and subconsultants) possess sufficient skill, knowledge, training and experience to perform those services and tasks contemplated under this Agreement;

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5 G.All of CONTRACTOR’s employees and agents (including but not limited to CONTRACTOR’s 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 shall be maintained throughout the term of this Agreement; and H.CONTRACTOR 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. The quality of Services shall meet or exceed those standards established by the CITY or County of jurisdiction.

The Parties acknowledge and agree that CONTRACTOR shall perform, at CONTRACTOR’s own cost and expense and without any reimbursement 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, contractors, 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 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 shall not constitute a release of any deficiency or delay in performance. The Parties further acknowledge, understand and agree that CONTRACTOR has r elied 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 same type of work and services in the State of California.

Section 6. Representatives.

A.City Representative. For the purposes of this Agreement, the contract administrator and CITY’s representative shall be INSERT CITY REPRESENTATIVE (hereinafter, the “City Representative”). It shall be CONTRACTOR’s responsibility to assure 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 made by CITY to the City Representative.

Unless otherwise specified herein, any approval of CITY required hereunder sh all mean the approval of the City Representative.

B.Contractor Representative. For the purposes of this Agreement, INSERT CONTRACTOR REPRESENTATIVE, is hereby designated as the principal and representative of CONTRACTOR authorized to act on its behalf with respect to

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6 CONTRACTOR’s performance under this Agreement and to make all decisions in connection therewith (hereinafter, the “Contractor Representative”). Notice to the Contractor Representative whether written or verbal shall constitute notice to CONTRACTOR. The Contractor’s Representative shall supervise and direct the Services, using their best skill and attention, and shall be responsible for all means, methods, techniques, sequences, and procedures and for the satisfactory coordination of all portions of the Services under this Agreement.

Section 7. Contractor’s Personnel
A.CONTRACTOR represents that it has, or will secure at its own expense, all personnel required to perform the Work and all other services and tasks necessary for CONTRACTOR to competently and timely complete the improvements contemplated under this Agreement. All Work, services and tasks will be performed under CONTRACTOR’s supervision, and CONTRACTOR’s personnel engaged in the performance of the work, services and tasks contemplated under this Agreement shall possess the qualifications, permits and licenses required by applicable law to perform such work, services and tasks.

B.CONTRACTOR shall obtain at its sole cost and expense such licenses, permits, and approvals as may be required by law for the performance of the Work.

C.CONTRACTOR shall be solely responsible for the satisfactory work performance of all personnel engaged in performing the Work.

D.In the event that CITY, in its sole reasonable discretion, at any time during the term of this Agreement, desires the removal of any person or persons assigned by CONTRACTOR to perform services pursuant to this Agreement, CONTRACTOR shall remove any such person immediately upon receiving notice from CITY of the desire of CITY for the removal of such person or persons.

E.CONTRACTOR shall be responsible for payment of all employees’ and subconsultants’ wages and benefits and shall comply with all requirements pertaining to employer’s liability, workers’ compensation, unemployment insurance, and Social Security.

F.CONTRACTOR shall obtain and maintain during the Agreement term all necessary licenses, permits and certificates required by law for the performance of the Work contemplated under this Agreement.

Section 8. Substitution of Key Personnel. CONTRACTOR 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, CONTRACTOR may substitute other personnel of at least equal competence upon written approval of CITY.

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7 In the event that CITY and CONTRACTOR cannot agree as to the substitution of key personnel, CITY shall be entitled to terminate this Agreement for cause. As discussed below, any personnel who fail or refuse to perform the Services in a manner acceptable to the CITY, or who are determined by the CITY to be uncooperative, incompetent, a threat to the adequate or timely completion of the Project or a threat to the safety of persons or property, shall be promptly removed from the Project by the CONTRACTOR at the request of the CITY.

Section 9. Prevailing Wages and General Labor Compliance and Reporting.

A.CONTRACTOR and any subcontractor performing or contracting any portion of the Work shall comply with all applicable provisions of the California Labor Code for all workers, laborers and mechanics of all crafts, classifications or types, including, but necessarily limited to the following:

1.In accordance with California Labor Code Section 1810, eight (8) hours of labor in performance of the Work shall constitute a legal day’s work under this Contract. CONTRACTOR and any subcontractor shall pay workers overtime pay (not less than 1 1/2 times the base rate of pay) as required by California Labor Code Section 1815. CONTRACTOR and any subcontractor shall, as a penalty to the CITY, forfeit twenty-five dollars ($25) for each worker employed in the execution of the contract by the respective contractor or subcontractor for each calendar day during which the worker is required or permitted to work more than 8 hours in any one calendar day and 40 hours in any one calendar week in violation to the provisions of Article 3 of Chapter 1 of Part 7, Divisio n 2 of the California Labor Code, which is incorporated by this reference as though fully set forth herein.

2.Pursuant to the provisions of California Labor Code, Sections 1770 et. seq., CONTRACTOR and any subcontractor under CONTRACTOR shall pay not less than the prevailing rate of per diem wages as determined by the Director of the California Department of Industrial Relations. Pursuant to the provisions of California Labor Code Section 1773.2, CONTRACTOR is hereby advised that copies of the prevailing rate of per diem wages and a general prevailing rate for holidays, Saturdays and Sundays and overtime work in t he locality in which the work is to be performed for each craft, classification, or type of worker required to execute the Contract, are on file at the Public Works Yard, which copies shall be made available to any interested party on request.

CONTRACTOR shall post a copy of said prevailing rate of per diem wages at each job site.

B.As required by Section 1773.1 of the California Labor Code, CONTRACTOR shall pay travel and subsistence payments to each worker needed to execute the Work, as such travel and subsistence payments are defined in the applicable collective bargaining agreements filed in accordance with this Section.

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8 involved. Such agreements shall be filed within ten (10) days after their execution and thereafter shall establish such travel and payments.

D.CONTRACTOR shall comply with the provisions of Section 1775 of the California Labor Code and shall, as a penalty to CITY, forfeit up to fifty dollars ($50) for each calendar day, or portion thereof, for each worker paid less than the prevailing rate of per diem wages for each craft, classification, or type of worker needed to execute the contract. CONTRACTOR shall pay each worker an amount equal to the difference between the prevailing wage rates and the amount paid worker for each calendar day or portion thereof for which a worker was paid less than the prevailing wage rate. CONTRACTOR is required to pay all applicable penalties and back wages in the event of violation of prevailing wage law, and CONTRACTOR and any subcontractor shall fully comply with Ca lifornia Labor Code Section 1775, which is incorporated by this reference as though fully set forth herein.

E.CONTRACTOR and any subcontractor shall maintain and make available for inspection payroll records as required by Labor Code Section 1776, which is incorporated by this reference as though fully set forth herein. CONTRACTOR is responsible for ensuring compliance with Labor Code Section 1776 and shall keep accurate payroll records containing all such information as maybe called for under Labor Code Section 1776 and other applicable provisions of State law.

F.CONTRACTOR and any subcontractors shall, when they employ any person in any apprenticeable craft or trade, apply to the joint apprenticeship committee administering the apprenticeship standards of the craft or trade in the area of the work site for a certificate approving CONTRACTOR or subcontractor under the apprenticeship standards for the employment and training of apprentices in the area or industry affected; and shall comply with all other requirements of Section 1777.5 of the California Labor Code, wh ich is incorporated by this reference as though fully set forth herein. The responsibility of compliance with California Labor Code Section 1777.5 during the performance of this contract rests with CONTRACTOR. Pursuant to California Labor Code Section 1777.7, in the event CONTRACTOR knowingly fails to comply with the provisions of California Labor Code Section 1777.5, civil penalties will be assessed. CONTRACTOR shall also be subject to California Labor Code Section 1777.1.

G.In accordance with the provisions of Article 5, Chapter 1, Part 7, Division 2 (commencing with Section 1860), and Chapter 4, Part 1, Division 4 (commencing with Section 3700) of the California Labor Code, CONTRACTOR is required to secure the payment of compensation to its employees and for that purpose obtain and keep in effect adequate Workers' Compensation Insurance and Employers Liability Insurance. If CONTRACTOR, in the sole discretion of the CITY satisfies the CITY of the responsibility and capacity under the applicable Workers' Compensation Laws, if any, to act as self-insurer, CONTRACTOR may so act, and in such case, the insurance required by this paragraph need not be provided.

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9 Liability limits of $1,000,000 per accident before commencing the performance of the Work of this Contract. The Notice to Proceed with the Work under this Contract will not be issued, and CONTRACTOR shall not commence the Work, until CONTRACTOR submits written evidence that it has obtained full Workers' Compensation Insurance coverage for all persons whom it employs or may employ in carrying out the Work under this Contract. This insurance shall be in accordance with the requirements of the most current an d applicable state Workers' Compensation Insurance Laws. In accordance with the provisions of Section 1861 of the California Labor Code, CONTRACTOR in signing this Contract certifies to the CITY as true the following statement: "I am aware of the provisions of Section 3700 of the Labor Code which require every employer to be insured against liability for Workers' Compensation or to undertake self-insurance in accordance with the provisions of that Code, and I will comply with such provisions before commencing the performance of the Work of this contract." A subcontractor is not allowed to commence the Work on the project until verification of Workers’ Compensation Insurance coverage has been obtained and verified by CONTRACTOR and submitted to the Public Work’s Director for the CITY’s review and records.

Section 10. 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 CONTRACTOR, 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 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 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.

Section 11. Independent Contractor.

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10 CONTRACTOR. 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.

CONTRACTOR has control over the manner and means of performing the services under this Agreement. CONTRACTOR is permitted to pr ovide services to others during the same period as it provides services to CITY under this Agreement. If necessary, CONTRACTOR has the responsibility for employing other persons or firms to assist CONTRACTOR in fulfilling the terms and obligations under this Agreement.

F. As an independent contractor, CONTRACTOR hereby indemnifies 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 12. Conflicts 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 conflicting interest shall be employed by or associated with CONTRACTOR in connection with this project. 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 similar to this Section shall be incorporated into any sub-contract that CONTRACTOR executes in connection with the performance of this Agreement.

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11 Section 13. 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, religio us creed, color, national origin, ancestry, physical disability, mental disability, medical condition, genetic information, marital status, sex, gender, gender identity, gender expression, age, sexual orientation, reproductive health decision making or military and veteran status.

CONTRACTOR and subcontractors shall ensure that the evaluation and treatment of their employees and applicants for employment are free of such discrimination.

Section. 14. 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 CITY’s elected and appointed officials, officers, attorneys, agents, employees, volunteers, successors, and assigns (collectively "Indemnitees") from and against any and all damages, costs, expenses, liabilities, claims, demands, causes of action, proceedings, expenses, judgments, penalties, liens, and losses of any nature whatsoever, including fees of accountants, attorneys, or other professionals and all costs associated therewith (collectively "Liabilities"), arising or claimed to arise, directly or indirectly, out of, in connection with, resulting from, or related to any act, failure to act, error, or omission of CONTRACTOR or any of CONTRACTOR’s officers, agents, servants, employees, subcontractors, materialmen, 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 term, provision, covenant, or condition of the Agreement, including this indemnity provision. This indemnity provision is effective regardless of any prior, concurrent, or subsequent active or passive negligence by CONTRACTOR and shall operate to fully indemnify Indemnitees against any such negligence. This indemnity provision shall survive the termination of the Agreement and is in ad dition 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 Indemnitee'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 Indemnitees’ right to recover under this indemnity provision.

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12 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 Indemnitor to defend Indemnitees shall be selected by Indemnitees.

CONTRACTOR, on behalf of itself and all parties claiming under or through it, hereby waives all rights of subrogation and contribution agai nst 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 Indemnitor regardless of any prior, concurrent, or subsequen t 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.

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.

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13 Section 15. Insurance.

A. CONTRACTOR shall at all times during the term of this Agreement carry, maintain, and keep in full force and effect, insurance as follows:

1. Commercial General Liability Insurance with minimum limits of One Million Dollars ($1,000,000) for each occurrence and in the aggregate for any personal injury, death, loss or damage.

3. Worker’s Compensation insurance as required by the State of California.

B. CONTRACTOR shall require each of its sub-consultants or sub-contractors 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 Best’s Insurance Guide.

F. 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.

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.

H. All policies of Commercial General Liability and Automobile Liability insurance shall

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14 be primary and any other insurance, deductible, or self-insurance maintained by the CITY, its officials, officers, employees, agents, or volunteers shall not contribute with this primary insurance. Policies shall contain or be endorsed to contain such provisions.

N. 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.

Section 16. 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 of the Work.

Section 17. 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

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15 issuance of written notice to CONTRACTOR specifying the effective date of such termination. Such termination for convenience shall be made in writing signed by either the City Representative, the City Manager or the Assistant City Manager.

CONTRACTOR may only terminate this Agreement for cause.

B.Termination for Cause. 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”) 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: (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 shall be cured, which shall not be less than the applicable cure period set forth in this Section 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 fails 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; (iii) 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 Event of Default within the following time periods:
i.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.

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16 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 end of the initial 30-day cure period.

If an Event of Default relates to a material falsehood or misrep resentation set forth in Exhibit “A” that is not susceptible to a cure, CITY in its sole and absolute discretion may elect to treat the falsehood or misrepresentation as a breach of this Agreement or waive 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.

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 s hall operate to prohibit or otherwise restrict CITY’s ability to suspend this Agreement as provided herein.

5. The duties and obligations imposed under this Agreement and the rights and

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17 remedies available hereunder shall be in addition to and not a limitation of any duties, obligations, rights and remedies otherwise imposed or available by law.

i. Upon written notice to CONTRACTOR, the CITY may immediately terminate this Agreement in whole or in part;

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

iv. 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 CITY’s exercise of its remedies under this Agreement.

7. No waiver of any default or breach under this Agreement shall 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 shall give the other Party any contractual rights by custom, estoppel, or otherwise.

Section 18. Force Majeure. The Completion Date shall be extended in the event of any delays due to unforeseeable causes beyond the control of CONTRACTOR and without the fault or negligence of CONTRACTOR, including but not limited to severe weather, fires, earthquakes, floods, epidem ics, quarantine restrictions, riots, strikes, freight embargoes, wars, litigation, and/or acts of any governmental agency, including the CITY, if the CONTRACTOR 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 CONTRACTOR be entitled to recover damages against the CITY for any delay in the

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18 performance of this Agreement, however caused, CONTRACTOR’S sole remedy being extension of the Agreement pursuant to this Section.

Section 19. Notices. Any notices, bills, invoices, or reports required by this Agreement shall be deemed received on: (a) the day of delivery if delivered by hand or overnight courier service during CONTRACTOR’s and CITY’s regular business hours; or (b) on the third business day following deposit in the United States mail, postage prepaid, to the addresses heretofore below, or to such other addresses as the parties may, from time to time, designate in writing.

If to CITY: If to CONTRACTOR:

City of Bell Gardens
7100 S. Garfield Avenue
Bell Gardens, CA 90201
Attn: INSERT DEPARTMENT
Phone: 562-806-7700

INSERT CONTRACTOR NAME

INSERT ADDRESS
Attn: INSERT PERSON OF

CONTACT NAME
Phone: INSERT PHONE
NUMBER
Section 20. Prohibition. CONTRACTOR shall not delegate, transfer, subcontract or assign its duties or rights hereunder, either in whole or in part, without CITY’s prior written consent, and any attempt to do so shall be void and of no effect. CITY shall not be obligated or liable under this Agreement to any party other than CONTRACTOR.

Section 21. Attorney Fees. In the event that CITY or CONTRACTOR commences any legal action or proceeding to enforce or interpret the provisions of this Agreement, the prevailing party shall be entitled to recover its costs of suit, including reasonable attorney’s fees.

Section 22. Entire Agreement. All documents referenced as exhibits in this Agreement are hereby incorporated in this Agreement. Except as expressly provided in this Agreement or its Exhibits, in the event of any conflict or inconsistency between the express provisions of this Agreement and provisions of any document incorporated by reference, the provisions of this Agreement shall prevail and control. This instrument contains the entire Agreement between CITY and CONTRACTOR with respect to the subject matter herein. No other prior oral or written agreements are binding on the parties.

Any modification of this Agreement will be effective only if it is in writing and executed by both CITY and CONTRACTOR.

Section 23. Governing Law; Jurisdiction. This Agreement shall be interpreted and governed according to the laws of the State of California. In the event of litigation between the Parties, venue, without exception, shall 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, shall be in the Central District of California located in the City of Los Angeles, California.

Section 24. Severability. Wherever possible, each provision of this Agreement shall

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19 be interpreted in such a manner as to be valid under applicable law. If any provision of this Agreement is determined by a court of competent jurisdiction to be invalid, void or unenforceable, the remaining provisions shall nevertheless continue in full force and effect.

Section 25. Captions. The captions used in this Agreement are solely for reference and the convenience of the Parties. The captions are not a part of the Agreement, in no way bind, limit, or describe the scope or intent of any provision, and shall have no effect upon the construction or interpretation of any provision herein.

Section 26. Execution. 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.
[SIGNATURES ON FOLLOWING PAGE]

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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, a municipal
corporation
By:

Michael B. O’Kelly
City Manager
Date:

CONTRACTOR NAME
By: ______________________________
Name:____________________________
Title:_____________________________
Date:

APPROVED AS TO FORM:

By:_____________________________
Stephanie Vasquez
City Attorney
Date:

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REQUEST FOR PROPOSALS

FOR

HEATING, VENTILATION AND AIR CONDITIONING (HVAC) MAINTENANCE

SERVICES

RFP Release Date
Monday, December 23, 2024

Proposal Submittal Deadline
5:00 p.m., Tuesday, January 14, 2025

Contact Person:

Bernardo Iniguez, Director of Public Works/Facilities
City of Bell Gardens
8327 Garfield Avenue
Bell Gardens, CA 90201
(562) 806-7770
[email protected]

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

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I. BACKGROUND AND GENERAL INFORMATION ...........................................................3

II. SUBMITTAL PROCEDURES/DEADLINE ........................................................................4

III. SCHEDULE ......................................................................................................................4

IV. DEFINITIONS, TERMS, AND CONDITIONS ...................................................................5

V. SCOPE OF WORK ................................................................................................ ……. 9

VI. PROPOSAL FORMAT AND CONTENT REQUIREMENTS .................................. …….17

VII. EVALUATION CRITERIA .............................................................................................. 19

ATTACHMENTS:

Attachment A – Proposal Price Sheet
Attachment B – Acknowledgement of City’s Standard Form of Agreement Attachment C – Sample Contract Services Agreement

TABLE OF CONTENTS

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3 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 City Council members are elected at-large by registered voters in the City for staggered four-year terms and serve as the City's legislative, policy-making body. The Mayor position is shared among the Council members who select one another as Mayor annually. The City Council holds bi-monthly public meetings. The City Manager is responsible for directing City affairs as prescribed by the City Council. The City has a population of approximately 39,000 in an area of 2.4 square miles located in the southeastern part of Los Angeles County. The City shares a common boundary with the Cities of South Gate, Bell, Downey, and Commerce. The City is considered an integral part of the Los Angeles -Long Beach metropolitan area.

The City’s departments include Finance and Administration, City Clerk, Community Development, Recreation and Community Services, Police, and Public Works. Fire services are provided by the Los Angeles County Fire Department. The Public Works Department consists of various divisions, including Administration, Street Maintenance, Utilities and Contracts, Transportation Services, the City Water System, Solid Waste Management, and Parks and Facilities Maintenance.

The Public Works department is responsible for the oversight and maintenance of city -owned facilities. Heating, ventilation and air conditioning (HVAC) maintenance consists of, but not limited to, routine preventative maintenance, systems inspections, annu al maintenance, as- needed repairs and other work as may be requested by the City. All work will be in compliance with all applicable local, state, and federal regulations for the prevention of water and air pollution.

The City is seeking proposals from qualified firms with proven expertise to provide heating, ventilation and air conditioning (HVAC) maintenance services at City facilities. The City currently contracts these services to a private firm and is seeking to establish/ costs and qualifications. Please review this Request for Proposals for Citywide Landscape Maintenance Services (RFP) outlining the range of services being sought to determine if you wish to submit a proposal for the requested services.

It is the intent of the City to select a single Proposer to provide the requested HVAC Services; however, the City reserves the right to select one or more Proposers to perform service either through this RFP or through subsequent solicitations for as-needed HVAC maintenance services. The term of the Agreement will be for three (3) years with up to two (2) optional one-year extensions.

An electronic version of the proposal shall be emailed to [email protected] and [email protected] no later than 5:00 p.m. on Tuesday, January 14, 2025. Additionally, three hard copy sets of the proposal (two (2) bound, one (1) unbound) shall be mailed no later than 5:00 p.m. on Tuesday, January 14, 2025, to the City Clerk’s I. BACKGROUND AND GENERAL INFORMATION
II. SUBMITTAL PROCEDURES/DEADLINE

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4 Office. The electronic version of the proposal must be an exact duplicate of the hard copies, and the subject line must read “City of Bell Gardens Proposal for Heating, Ventilation and Air Conditioning (HVAC) Maintenance Services”. If the proposal includes any comments over and above the specific information requested in this RFP, such information should be included as a separate appendix and placed at the end of the proposal.

Postmarks after the due date are unacceptable and no facsimiles will be accepted. Please mail or deliver your response in a sealed envelope with “City of Bell Gardens Proposal for Heating, Ventilation and Air Conditioning (HVAC) Preventative Maintenance Services ” written below the address label and addressed as follows:

City Clerk’s Office
Attention: Daisy Gomez, City Clerk
HVAC Preventative Maintenance RFP Response
City of Bell Gardens
7100 Garfield Avenue
Bell Gardens, CA 90201

Questions and Inquiries

To ensure a fair and objective RFP process and evaluation, all questions and inquiries related to this RFP shall be addressed in writing to Bernardo Iniguez, Director of Public Works/Facilities, at [email protected]. The deadline for written questions and inquiries is Monday, January 6, 2025, at 5:00 p.m. City Hall is open Monday through Thursday from 7:30 AM to 6:00 PM.

All times posted in Pacific Standard Time (PST).

The tentative schedule for this RFP is as follows:

Release of RFP Monday, December 23, 2024
Deadline for Questions Monday, January 6, 2024 at 5:00 p.m.

Proposal Due Date Tuesday, January 14, 2025 at 5:00 p.m.

Proposer Interviews (if necessary) Thursday, January 16, 2025 City Council Recommendation of Award Monday, January 27, 2025

*The schedule above is tentative and subject to change at the discretion of the City, with appropriate notice to prospective proposers. Please check the Bell Gardens website for the latest updates at https://www.bellgardens.org/i-want-to/view-bids-rfps/rfps-and-bids . All times posted are in Pacific Standard Time (PST).

III. SCHEDULE

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5 1. Definitions: To simplify and clarify the language throughout this RFP, the following definitions shall apply:

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

B. Contract Services Agreement: An agreement between the City and the selected Proposer to furnish professional services over a designated period.

C. Proposer: The bidder, Proposer, vendor, firm, company, Proposer, organization, or individual offering a proposal in response to this RFP.

D. Proposer or Proposer’s Representative: All of the Proposer's employees, officers, directors, Proposers and agents, any subproposers or suppliers listed in the Proposer's proposal, and any individual or entity who has been requested by the Proposer to contact the City on the Proposer's behalf.

2. Proposal General Terms and Conditions:

A. RFP General Conditions

Proposals shall be prepared to simply and economically, provide a straightforward, concise description of the Proposer's ability to meet the requirements of this RFP. Emphasis shall be on the quality, completeness, clarity of content, responsiveness to th e requirements, and an understanding of City’s objectives.

Proposers shall carefully read the information contained in this RFP and shall submit complete responses to all requirements and questions as directed. Incomplete proposals may be considered non-responsive and may be rejected in the City’s discretion. The submission of a response to this RFP shall be deemed a representation and certification by the Proposer that 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 p rocedures and requirements. No request for modification of the responses to this request shall be considered after its submission on grounds that the Proposer was not fully informed as to any facts or condition.

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

Following the Proposal Submission Deadline, the City, pursuant to the California Pub lic Records Act (Govt. Code Section 7920.000 et seq.) reserves the right to make copies of all IV. DEFINITIONS, TERMS, AND CONDITIONS

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6 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. B y submission of a proposal, proposers acknowledge and agree that their proposal and any information contained therein may be disclosed by the City to interested members of the public, including other proposers. All responses to the RFP received become a ma tter of public record and shall be regarded as public records, with the exception of those elements in each proposal which are defined by the Proposer as business or trade secrets and plainly marked as “Confidential,” “Trade Secret,” or “Proprietary.” The City shall not in any way be liable or responsible for the disclosure of any such proposal or portions thereof, if they are not plainly marked as “Confidential,” “Trade Secret,” or “Proprietary” or if disclosure is required under the Public Records Act. Any proposal which contains language purporting to render all or significant portions of the proposal “Confidential,” “Trade Secret,” or “Proprietary” shall be regarded as nonresponsive.

B. Proposal Validity

A proposal may be modified or withdrawn in person at any time before the scheduled due date, provided a receipt for the withdrawn proposal is signed by the Proposer’s authorized representative. The City reserves the right to request proof of authorization to withdraw a proposal. Proposals may not be withdrawn after the proposal closing date and each proposer agrees to this stipulation upon submittal of its proposal.

All proposals, with associated costs, shall be considered valid and binding on the Proposer for a period of ninety (90) days after the proposal due date.

C. Electronic Documents

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

D. Receipt of Proposals

Submitted proposal(s) must be properly addressed and received by the City prior to the date and time specified. The mere fact that the proposal was dispatched will not be considered; the Proposer must ensure that the proposal is delivered. Proposals received after the date and time specified shall be returned and will be considered void and unacceptable . The City is not responsible for the lateness of the mail carrier, etc.; and the time/date stamp of receipt by the City Clerk’s Office shall be the official time of receipt.

Receipt of an addendum of the RFP by a Proposer must be acknowledged by submitting the signed addendum with the proposal.

E. Alterations

Proposal documents cannot be physically altered or amended after the closing date.

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7 Alterations made before closing must be initialed by the Proposer to guarantee authenticity.

Proposals may not be withdrawn after the proposal closing date, and each Proposer agrees to this stipulation upon submittal of its proposal. However, all proposals are subject to negotiation before a Contract Services Agreement is awarded as further described below.

F. Point of Contact and Communication

The Director of Public Works/Facilities is the designated “Point of Contact” for this RFP.

Proposers must only communicate with the Point of Contact during the RFP submission and procurement process. Communications initiated by proposers to this RFP with members of the City Council, or officers, personnel or employees of the City, other than via the Point of Contact, may be grounds for disqualification. Any inquiries or requests during this RFP submission and procurement process shall be submitted in writing to the Point of Contact as follows:

City of Bell Gardens
Attention: Bernardo Iniguez, Director of Public Works/Facilities 8327 Garfield Avenue
Bell Gardens, CA 90201
(562) 806-7770
Email: [email protected]

The City shall not be responsible for any verbal communication between any employee of the City and any proposed Proposer outside of the communication procedures established in this RFP. Only written requirements and qualifications will be considered. No oral statement of any person shall modify or otherwise change, or affect the terms, conditions, or specifications stated in the resulting Contract Services Agreement.

Proposers and Proposer’s Representatives may not communicate with the City Council members about this RFP. In addition, Proposer and Proposer’s Representatives may not communicate outside the procedures set forth in this RFP with an officer, employee or agent of the City regarding this RFP until after Contract Services Agreement Award. However, Proposer and Proposer Representatives are not prohibited from making oral statements or presentations in public to one or more representatives of the City during a public meeting.

G. Reservations

The City reserves the right to accept or reject any or all responses received in response to this RFP. The City also reserves the right to waive any informality, technical defect or clerical error or irregularity in any response. The City’s potential award of a Contract Services 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, the award will be to the Proposer or Proposers who in the judgment of the City have presented an optimal balance of relevant experience, price, quality of service, work history and other factors whic h the City may consider relevant and important in determining which proposals are best for the City.

Additionally, the City may, for any reason, decide not to award any agreements based on this RFP. The City reserves the right to cancel or modify this RFP. The City shall not be obligated to respond to any responses submitted, nor be legally bound in any manner by the

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8 submission of the response. The City reserves the right to negotiate deliverables and associated costs. There is no guarantee that the City will award a Contract Services Agreement.

By submitting a proposal in response to this RFP, the Proposer accepts the evaluation process and acknowledges and accepts that determination will require subjective judgments by the City.

H. Reimbursements

Proposer 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 c ontract discussions; or for anything in any way related to this RFP. The City is not liable for any costs incurred by a Proposer in response to this RFP. Whether or not a Proposer is awarded an Agreement pursuant to this RFP, no Proposer shall be entitled to reimbursement for any costs or expenses associated with the Proposer’s participation in this RFP process. Failure to comply with all requirements contained in this RFP may result in the rejection of a proposal .

I. Certification

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

J. Funding

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

K. Negotiations

Negotiations may be conducted with responsible Proposers who submit a proposal that is reasonably susceptible to being selected. All Proposers 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 a Contract Services Agreement with more than one Proposer.

L. Additional Information

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

M. Award of Contract Services Agreement

Award of any agreement resulting from this RFP will be made by the City Council at a public

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9 meeting.

3. Records and Audits

The Proposer shall maintain accounts and records, including personnel, property and financial records, adequate to identify and account for all costs pertaining to the Contract Services Agreement and such other records as may be deemed necessary by the City to assure proper accounting for all project funds, both federal and non -federal shares. These records will be made available for audit purposes to the City or any authorized representative and will be retained five (5) years after the expiration of this Agreement unless permission to destroy them is granted by the City. (24 CFR Part 84, Sec. 84.53)

4. Labor Compliance

The selected Proposer will comply with any applicable State or federal labor compliance requirements, including the paying of prevailing wages to certain classifications performing work under the Contract Services Agreement awarded as a result of this RFP, if the State Department of Industrial Relations (DIR) or a federal agency require the paying of such prevailing wages to certain classifications during the term of the Contract Services Agreement.

5. Proposer Dress Code, Appearance, and Equipment

The selected Proposer shall require each of its employees to adhere to industry standards of work ethic and attire. Shirts shall be worn at all times and shall be buttoned and tucked in.

The Proposer’s employees shall have shirts with the Proposer’s company logo or wear Proposer-issued identification cards at all times while performing work on behalf of the City.

No caps with insignias or designs other than the Proposer’s logo may be worn and no caps shall be worn backwards. The Proposer shall provide its employees all of the necessary equipment, vehicles, and apparatus needed to perform the services contained in this RFP.

5.0 GENERAL PROVISIONS

The Proposer will provide full-service HVAC maintenance services and administer the duties and responsibilities set forth in this RFP, in compliance with all applicable laws, regulations, policies and procedures. Services to be performed include the furnishing of all labor, materials, tools, equipment, supplies, services, tasks and incidental and customary work necessary to competently perform HVAC maintenance work at various City facilities.

The Proposer is responsible for developing the service prices necessary to conform to the specifications. It is the Proposer’s responsibility to provide an appropriate level of staffing and provide appropriate tools and vehicles necessary to support all facilities’ HVAC maintenance functions during hours of operation and after normal working hours. The Proposer will maintain the appropriate license(s) and DIR registration during the life of the Contract and V. SCOPE OF WORK

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10 will comply with all other license, insurance and permit requirements of the City, state and federal governments, as well as all other requirements of the law.

The work will include the provision of a total maintenance program consisting of a variety of tasks including, but not limited to, installing, replacing, piping, and testing HVAC services and mechanical systems and components. Systems include, but are not limited to , domestic water, heating, cooling as well as all related components required for municipal buildings and facilities. Services will include all parts and labor, online service, on-call repairs, predictive and preventative maintenance, and a designated number of on-site visits per year in accordance with the negotiated agreement and scope of work. The final scope of work may be adjusted after a complete survey and audit of each system by the selected Proposer(s).

The Proposer will retain professional personnel who have successfully and competently provided HVAC maintenance and repair services in a municipal setting and completed projects of similar scope and complexity. It shall be the Proposer’s responsibility to effectively repair and maintain, to the satisfaction of the City representative, all aspects of HVAC systems in City-defined facilities with minimal downtime. All maintenance will be provided in accordance with the highest standards of the industry, skill, workmanship, applicable trade practices, shall meet warranties and be in conformance to all applicable laws, codes and regulations. The Proposer’s HVAC maintenance will, at a minimum, include but not be limited to the specifications outlined herein.

The Proposer will be responsible for discarding and recycling all used materials; leaving work areas free of all dirt, litter, lubricants, or other materials utilized to perform HVAC maintenance; and erecting barricades, warning signs, and any other devices to prevent unauthorized access by the public or unauthorized City staff to work areas.

The Proposer will respond to all requests for maintenance or unscheduled emergency response as required, 24 hours per day, 365 days per year, including holidays. All costs for labor and materials for these unscheduled calls will be included in the Proposal sheet.

Response time by the Proposer will be within four (4) hours of all requests.

The Proposer will ensure that sufficient inspections are made to guarantee the Services are performed as specified. In addition to these inspections, the Contract Representative shall perform and submit written inspections of designated equipment upon the request of the Director of Public Works/Facilities or his designee.

The City will give the Proposer’s personnel reasonable access to the areas where the services are to be performed to the extent necessary or appropriate for the performance of services. The City and Proposer will arrange building access prior to commencement of work.

The Proposer will promptly notify the City Representative of needed repairs and/or damage to fixtures, building and appurtenances observed during the performance of the services. Any item of a critical, priority, or emergency nature will be verbally reported immediately upon discovery. Proposer shall submit a cost proposal and detailed scope of work for these unforeseen repairs and/or maintenance activities to the Director of Public Works /Facilities, or his designee. However, the City reserves the right to seek proposals for unforeseen services from other service providers where it may serve the City’s best interest.

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11 5.1 MAINTENANCE AND RESTORATION ACTIVITES AND LOCATIONS

Service Provider will provide the following:

• Preventive Maintenance work to detect early signs of deteriorating performance and to predict potential system(s) failures. Refer to equipment Operation & Maintenance Manuals for any maintenance clarifications and recommendations.

• On-call services to minimize downtime and inconvenience to building users. City desires an emergency on-site response within 4 hours upon notification. Checking in with appropriate personnel for any operational deficiencies.

• Account management to coordinate the execution of these services, including scheduling of technicians, materials, and parts. All regular service must be scheduled and approved with City staff a minimum of 48 hours in advance of technicians arriving on-site.

• Account manager and vendor representatives will coordinate and participate in quarterly meetings with City staff to review system status, outstanding repairs or recommended upgrades, and schedule of regular service.

• Prior to starting work, technicians must check in with City staff to discuss any equipment or system issues and review equipment logs.

• Equipment/mechanical rooms shall be left in the same clean condition as they were prior to the commencement of work.

• Operator coaching to ensure City staff gain full utilization of the mechanical systems and assist them in identifying, verifying, and resolving problems found in executing daily tasks.

• Written Service Report for services performed detailing the purpose of the service, summarizing the work that was performed, advice on equipment condition, and suggested follow-up that is needed.

• Complete on-site service log for all major equipment.

• Perform an initial assessment of the HVAC units at all City-owned facilities.

• Annual preventive maintenance in accordance with a program of standard routines as determined by Service Provider's experience, equipment application, and equipment operating hours that are recommended by each equipment manufacturer and location.

Service shall be designed to optimize the reliability and efficiency of the equipment, extend the useful life of the equipment, and provide possible indications of excessive wear and damage to the maintained systems before a catastrophic failure occurs during the next operating season.

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12 • Provide recommendations for repairs and services that enhance equipment performance.

• Maintain indoor air quality by providing and changing air filters to minimize dust and particles from collecting in ductwork to ensure proper flow through cooling and heating coils thus preventing restrictions in airflow, leading to higher system and energ y efficiency. Filters shall be physically dated when changed. The HVAC equipment is itemized in the list below. In the event the air-filter material or cleaning is required more frequently than manufacturer's recommendations, Proposer shall make recommendations to the City for approval to adjust the frequencies and any associated cost.

• Complete any required maintenance checklists, report observations to appropriate customer representative on mechanical components as well as on control and energy management units.

The list below illustrates the location and model number of the HVAC units in City facilities.

The City reserves the right to add, upgrade, or remove these units, where it may serve the City’s best interest.

a. City Hall/ Police Department

EQUIPMENT TYPE MANUFACTURER MODEL NUMBER
Package Unit Carrier 48VLNC2404030TP
Package Unit Carrier 48FCLA06A2A5A0A0A0
Package Unit Carrier 48KCLA05A2A5A0A0A0A
Package Unit Carrier 48HCDD08A2A5A0A0G0
Package Unit Carrier 48KCLA06A2A5A0A0A0
Package Unit Carrier 48KCLA004A2A5A0A0A0
Split Daikin RXB18AXVJU
Split Daikin RXB18AXVJU
Package Unit Carrier 50VT-C36---50--
Package Unit Carrier 50VT-C48---50--
Package Unit Carrier 50VT-C36---50--
Package Unit Carrier 50VT-C36---50--
Package Unit Carrier 50VT-C36---50--
Package Unit Carrier 50FCQA05A2A5A0A0A0
Package Unit Carrier 50VY-V48---50--
Package Unit Carrier 50TCQD12A2A5A0A0G0
Package Unit Carrier 48VLNC2404030TP
Package Unit Carrier 50FCQA05A2A5A0A0A0
Package Unit Carrier 48KCLA04A2A5A0A0A0
Package Unit Carrier 50FCQA05A2A5A0A0A0
Heat Pump Carrier 50VT-C30---30TP

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13 Package Unit Carrier 48VLNC2404030TP
Package Unit Carrier 48VLNC2404030TP
Package Unit Carrier 48KCLA04A2A5A0A0A0
Package Unit Carrier 48KCLA05A2A5A0A0A0A
Package Unit Carrier 48HCDD08A2A5A0A0G0
Split BDP 38MBRBQ48AA301--
Split Daikin N/A.

Split Carrier 24AAA560A300
Split Carrier 25HCE41AP030011

b. Public Works Maintenance Yard

EQUIPMENT TYPE MANUFACTURER MODEL NUMBER
Package Unit Carrier 50VT-C36---30TP
Package Unit Carrier 48VLNC2404030TP
Package Unit Carrier 48VLNC2404030TP
Package Unit Carrier 48FCGA04A2A5A0A0A0
Package Unit Carrier 48FCLA05A2A5A0A0A0
Package Unit Carrier 48KCLA04A2A5A0A0A0

c. Veterans Park

EQUIPMENT TYPE MANUFACTURER MODEL NUMBER
Split Carrier FB40NP061
Split Carrier 25HCE460A500
Split Carrier FB40NP061
Split Carrier 25HCE460A500
Split Carrier FB40NP061
Split Carrier FB4CNP048
Split Carrier FB4CNP048
Split Carrier FB4CNP048
Split Carrier 25HCE448A500
Split Carrier FB4CNP061
Split Carrier 25HCE46A500
Split Carrier 40RUQA12T2A5A0A0A0
Split Carrier 38AUQA080A5A0A0A0
Split Carrier 38AUQA16A0A5A0A0A0
Split Carrier 40RUQA12T2A5A0A0A0
Split Carrier 25HCE46A500
Split Carrier FB4CNP061

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14 Split Carrier 25HCE46A500
Split Carrier FB4CNP060
Split Carrier CNPVP4801ALAAAAA
Split Carrier CNPVP4821ALAAAAA
Split Carrier 24AAA560A300
Split Carrier 24AAA560A300

d. Neighborhood Youth Center

EQUIPMENT TYPE MANUFACTURER MODEL NUMBER
Packaged Unit Carrier 48FCGA05A2A3A0A0A0
Packaged Unit Carrier 48FCGA06A2A0A0A0
Packaged Unit Carrier 48FCGA04A2A3A0A0A0
Packaged Unit Carrier 48FCGA05A2A3A0A0A0
Mini Split Carrier 40MAHBQ18XA3

e. Marlow Park

EQUIPMENT TYPE MANUFACTURER MODEL NUMBER
Split Marv-Air AVP60HPA10NB-1000CI
Split Marv-Air AVP60HPA10NB-1000CI

f. Golf Course

EQUIPMENT TYPE MANUFACTURER MODEL NUMBER
Split Carrier 24AAA560A300
Split Carrier CNPVP6024ALAAAAA
Split Carrier 24AAA560A300
Carrier CNPVP6024ALAAAAA

g. Senior Center

EQUIPMENT TYPE MANUFACTURER MODEL NUMBER
HP Carrier 25HCE436A310
HP Carrier 25HCE436A310
HP Carrier GSZ140181LA
HP Carrier 25HCE436A310
HP Carrier 25HCE424A300
HP Carrier 25HCE424A300

h. Ford Park

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15 EQUIPMENT TYPE MANUFACTURER MODEL NUMBER
Packaged Unit Carrier 48FCGA05A2A3A0A0A0
Packaged Unit Carrier 48FCGA05A2A3A0A0A0

5.2 WORK PERFORMANCE AND HOURS

The Proposer shall submit an Annual Work Schedule to the Director of Public Works/Facilities, or his designee for review and approval. The proposed work schedule shall include required operations and delineate the time frames for performance of all prevent ative maintenance required under the agreement.

Scheduled maintenance will typically occur during normal business hours (6:00 a.m. – 5:30 p.m.).

5.3 SERVICE AVAILABILITY

The Proposer will have trouble-call service available twenty-four hours a day, seven days a week. Response times are not to exceed the following:

A. Non-Emergency: 4-hour response time
B. Emergency: 2-hour response time

Time of response will start when the City calls the problem into the Proposer’s designated emergency phone number. The Proposer will provide the ability to respond immediately to situations involving the health and safety of employees and/ or the public and the comfort and operational capability of any public meeting space.

5.4 TROUBLE-CALL/MAINTENANCE SERVICE

Should the City request the Proposer to make unscheduled, emergency HVAC system maintenance, the City will be responsible for labor and travel costs associated.

5.5 BILLABLE WORK

The Proposer will not send an invoice for unnecessary maintenance or maintenance that was not completed satisfactorily.

5.6 STAFFING, WORKMANSHIP, AND QUALITY LEVEL

The Proposer will provide a staffing level to perform HVAC preventative maintenance and as-needed on-call services at designated City facilities in a thorough and professional manner, so that the City is provided with reliable and high -quality HVAC maintenance at all times. The Proposer will possess and maintain a C-20 HVAC License by the State of California Licensing Board through the term of the contract. All personnel performing work under this contract will possess and maintain a state journeyman certification and be directly employed and supervised by the Proposer. Any assigned apprentice will work directly under

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16 the supervision of a qualified journeyman. The Proposer will be responsible for the skills, methods and actions of all employees and subproposers and for all work done.

5.7 TOOLS AND EQUIPMENT

The Proposer will furnish and maintain all equipment necessary for properly servicing and maintaining HVAC systems in City facilities. The City reserves the right to inspect equipment to be used to perform services under this Contract. Any equipment determined to be in poor condition must be replaced immediately, at the Proposer’s expense. Failure to provide suitable equipment for carrying out all the requirements of this contract may be grounds for termination.

5.8 PARTS AND MATERIALS

The Proposer will furnish all parts and materials necessary for properly maintaining HVAC systems in City facilities. Mark-up on parts and materials may not exceed 10% of the Proposer’s cost. Invoices must identify the work performed, cost of labor, parts/materials used, parts/materials cost, and parts/ materials mark-up cost.

5.9 INSPECTIONS AND REMEDIES

A City representative will perform periodic inspections of HVAC systems to ensure compliance with the Contract specifications. Inspections may be made by the City at any time to confirm that work performed meets specifications. If corrective work is required, the City will provide a written list of items and the Proposer will correct deficiencies as directed.

If deficiencies are not corrected in a timely manner, the City may perform the work using others and deduct the cost from the Proposer’s payment.

5.10 DAMAGES

The Proposer will be responsible for all damages to City facilities or contents caused by Proposer, their staff, or subproposers during the performance of their duties.

5.11 SAFETY & SECURITY

The Proposer and any subproposers will follow all established safety procedures and will take special care not to endanger the public. When working indoors at a City facility, the Proposer is responsible for the security of all doors at the conclusion of work in each room.

All exterior doors shall remain locked at all times. Interior doors that are found open or unlocked will be left in the same position/condition in which they were found.

5.12 CONTRACT BONDS

The Proposer will provide to the City at the time the Contract is executed with a Faithful Performance Bond and a Labor and Materials Bond for an amount equal to the contract amount, using the bond forms provided in Appendix C. Other forms of acceptable security include letters of credit or cash deposit agreements issued by responsible financial institutions, as approved by the City Attorney. Sureties must be admitted to do business in

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17 California. Bonding is included as Base Bid Item #1 in the Bid Schedule provided in Appendix B. The Proposer may invoice the City for Base Bid Item #1 immediately after the Contract is fully executed.

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 required items will be considered incomplete and may be rejected.

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

The proposal must contain the following elements:

1. Transmittal Letter:

a. A letter of transmittal signed by an individual authorized to bind the Proposer stating the Proposer has read and will comply with all terms and conditions of the RFP. The transmittal letter will contain, at a minimum: a) company name and address; and b) an executive summary briefly describing the Proposer’s ability to perform the work requested, a history of the Proposer’s background and experience providing services, and a description of the firm’s understanding of the City’s needs.

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

2. Methodology

a. Include description of a) the approach and methodology to be taken in addressing each component in the scope of work, b) a listing of the specific tasks, milestones and deliverables required to properly perform the requested services, and c) a workplan showing proposed hours for each retainer service, availability of team members, quality assurance & supervision.

VI. PROPOSAL FORMAT AND CONTENT REQUIREMENTS

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18 b. The City will expect the selected Proposer to adhere to the established methodology and workplan.

3. Management and Staffing:

Describe the management and staffing configuration to be utilized to complete each component of the scope of work. Describe the qualifications of staff to be assigned to the City, 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 the requested services. The proposal must also identify any proposed subproposers or subproposers that are integral to the proposed team.

4. Minimum Qualifications, Prior Related Experience, and References

a. Proposers must demonstrate competence and capability to satisfactorily perform the scope of work. Proposers must have at least ten (10) years of experience providing HVAC maintenance services in California. Proposals that do not meet the minimum qualifications will be determined nonresponsive and ineligible for award. The Proposer must provide evidence to show that the firm and members of the Proposer’s project team possess the specific minimum experience, qualifications, competence, resources, and business integrity as specified in the scope of work that are necessary to carry out the work under the contract as expected. Examples of evidence include, but are not limited to resumes, letters of reference, and project/service summaries that highlight the team’s specific experience.

b. A list of at least five (5) professional references, three (3) of which shall be from a municipal or public agency. This client reference list must be included as an appendix to the proposal and must include the following information for each reference listed: a) complete description of the work/services provided, b) the time period for the work/services provided, c) the name and contact information of the client, including telephone number and/or address, and d) the key managers and professionals assigned to the work/services. The information concerning the work/services provided for each respective client must be no more than five (5) years old.

5. Cost and Pricing:

a. Proposals must include the Proposal Price Sheet attached as Attachment “A.”

b. For as-needed non-retainer services, proposals must include staff hourly rates,

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19 plus any other proposed costs such as mark-ups, overhead, travel, etc. An hourly fee/rate schedule must be submitted with the proposal. If the scope of work is substantially modified, the extra cost or credit must be negotiated based on the submitted hourly fees/rates.

6. Additions or Exceptions:

a. A single and separate section with the heading “ADDITIONS OR EXCEPTIONS TO THE CITY’S REQUEST FOR PROPOSAL” containing a complete and detailed description of all the Proposer’s exceptions to the provisions and conditions of the attached City standard Contract Services Agreement attached as Attachment “C.”

7. Pending Litigation:

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

8. Insurance:

Evidence of commercial liability, professional liability, and workers compensation insurance coverages must be included. Insurance requirements are listed on the sample Contract Services Agreement attached as Attachment “C.”

The award of an agreement will be made to the most qualified Proposer(s) 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 Proposer to whom it is proposed to make such an award.

If an agreement cannot be reached with the highest ranked Proposer, City reserves the right to terminate negotiations with that party and enter negotiations with the next highest ranked Proposer.

Proposals will be reviewed and evaluated by City staff, including the Director of Public Works/Facilities, and will be ranked based on the following criteria:

1. Comprehension of the Request for Proposals (Max Score: 15 Points) VII. EVALUATION CRITERIA

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20 This relates to the Proposer’s basic understanding of the City’s requested services and Proposer’s ability to articulate a concise description of the role of the requested services.

2. Qualifications of Proposer (Max Score: 45 Points)

• Experience of the Proposer
• Staffing and resources
• Qualifications and experience of proposed personnel
• Ability to provide HVAC maintenance services
• Familiarity with federal, State and regional/local agency requirements

3. Proposal Cost (Max Score: 30 Points)

This relates to Proposer’s cost to provide the requested HVAC maintenance services.

4. References (Max Score: 10 Points)

This relates to the reputation and quality of past work performed by the Proposer based on municipal and other professional references.

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

Recommendations will be provided to the City Council for final selection and award. Proposals failing to provide sufficient information and assurances of performance to adequately assess each category of the required services and/or failing to comply with the requirements and conditions of this RFP may not be given further consideration.

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

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21 • Proposer’s default under any agreement, which results in termination of the Agreement.

Each proposal will be considered along with those of other responding Proposers, with respect to ability to perform effectively and efficiently those Scope of Work outlined in Section V, above.

The successful Proposer 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 o r related to the performance of the Agreement.

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

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22 ATTACHMENT “A”

PROPOSAL PRICE SHEET

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PROPOSAL PRICE SHEET

Proposer to insert “INSERT TITLE OF COMPENSATION DOCUMENT” in accordance with Scope of Work and Firm’s proposed fee schedule

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24 ATTACHMENT “B”

ACKNOWLEDGEMENT OF CITY’S STANDARD FORM OF AGREEMENT

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25 ACKNOWLEDGEMENT OF CITY’S STANDARD FORM OF AGREEMENT

I, the undersigned, certify that I, _________________________[insert name] am the _________________________[insert title] of _________________________[insert firm name], the party making the proposal for award of an agreement for PUBLIC TRANSIT SERVICES (“Proposer”) and, on behalf of the Proposer, hereby:

Accept City’s Standard Form of Agreement – check one box.

 As is, without qualifications or modifications.

 As modified by attachment. [Proposer to provide]

I certify that I am authorized to sign this Consent Form on behalf of the Proposer.

Executed this_____ day of _________, 2024 at ___________________________, California.

Signature of Officer _____________________ Printed/Typed Name of Officer _____________________ Title of Officer ____________________

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26 ATTACHMENT “C”

SAMPLE CONTRACT SERVICES AGREEMENT

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22 EXHIBIT “B”

CONTRACTOR PROPOSAL

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Heating, Ventilation, and
Air Conditioning (HVAC)
Maintenance Services

Presented to:

Bernardo Iniguez
Director of Public Works/Facilities
City of Bell Gardens

Presented by:

Chan Onechanh
Area General Manager
ABM Building Solutions, LLC

FEB
2025
4

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NYSE: ABM www.abm.com
Table of Contents

1. Transmittal Letter ...................................................................................................................................... 3

2. Methodology .............................................................................................................................................. 8

3. Management and Staffing ....................................................................................................................... 14

4. Minimum Qualifications, Prior Related Experience, and References ..................................................... 18

5. Cost and Pricing ...................................................................................................................................... 26

6. Additions or Exceptions ........................................................................................................................... 26

7. Pending Litigation .................................................................................................................................... 27

8. Insurance ................................................................................................................................................ 28 Attachment A – Proposal Price Sheet ......................................................................................................... 31 Attachment B – Acknowledgement of City’s Standard Form of Agreement ............................................... 34 Appendix 1 – References ............................................................................................................................ 35 Appendix 2 – Acknowledgement of Addendum No. 1 ................................................................................ 37

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ABM Building Solutions, LLC
Chan Onechanh, Area General Manager
14201 Franklin Ave
Tustin, CA 92780
949.316.1362
[email protected]

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

February 4, 2025
Bernardo Iniguez
Director of Public Works / Facilities
City of Bell Gardens
8327 Garfield Avenue
Bell Gardens, CA 90201
Dear Bernardo,
ABM is pleased to submit our proposal to the City of Bell Gardens to provide preventative maintenance at various city locations. With a steadfast commitment to quality and dependability, we are a leading provider in mechanical and facility services. We ensure the highest standards in operational safety, equipment longevity, and energy efficiency.

Our team is equipped to offer a seamless, single-point-of-contact service model for all city facilities, delivered by our highly qualified technicians. We are dedicated to offering seamless maintenance that address each facility’s unique needs, including:
• Product Neutrality – We do not manufacture or represent products, ensuring that our recommendations are objective and based on the best solution available from the industry. • Procurement Power – As one of the world’s largest mechanical and facility services providers we have negotiated national purchasing agreements with all major manufactures of energy related equipment. These agreements assure as many dollars as possible reach the improvement needs. • Reliable Service Delivery – Our preventative maintenance model is a proven approach that maximizes the lifespan and efficiency of our clients’ equipment through our “white -glove” account management. Our team is dedicated to meeting service needs consistently and effectively. • Comprehensive Support and Expertise – Our technicians are prepared to provide both routine maintenance and emergency repair, minimizing downtime and ensuring operational continuity for the city’s facilities.

As we have with every past client, ABM will meet and exceed your expectations with our dedicated personnel, innovative processes and technology, and commitment to client satisfaction. Our entire organization stands behind this response and all of the commitments made to City of Bell Gardens.

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1 . T R A N S M I T T A L L E T T E R

NYSE: ABM www.abm.com
If there is any additional information I might provide, please don’t hesitate to call or write. All of us at ABM are ready to put our solutions to work for you.

I confirm that I have read and will comply with all terms and conditions of this RFP.

Sincerely,

Chan Onechanh
Area General Manager

ABM previously completed a $2.2 million project in May 2022 for the City of Bell Gardens for Design-Build services, HVAC replacement, LED lighting, and irrigation controllers. The City contact for the project, Rick Moreno, can be reached at 323.707.0183.

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1 . T R A N S M I T T A L L E T T E R

NYSE: ABM www.abm.com
Executive Summary
Achieving Your Objectives
ABM’s Preventative Maintenance objective is to ensure the City’s HVAC Equipment is properly operating and we’re able to provide the City with valuable insight to mitigate any issues before they arise.

ABM strives to keep the occupants of buildings comfortable, and the City updated on what needs to be completed before a major issue arises.

At ABM, Technicians and Sales Leaders are consistently taking trainings and being made aware of new laws and regulations for the state of California so we can pass down knowledge to our customers and ensure that’s one less thing our City partners have to worry about.

Lower Operating Costs
Our nationally negotiated contracts for equipment and supplies allows City to capitalize on our purchasing power.

We know how much it costs to maintain a property’s assets. We proactively manage these costs against industry and ABM best practice benchmarks.
• Transparent cost models for labor, materials, and fees • Tight financial fee structure against industry standards • Ongoing analysis for continued optimization of service and spend Quality and Metrics Tracking
Our Alliance CMMS tool provides relevant performance history and accurately record data as to the level of service performed.

This system reduces administrative dependency to input manually collected inspection data.

Alliance generates real-time reports and provides trended statistical analysis from which fact-based operational decisions can be determined and affirmed.
• Customized dashboard
• Regular, automated reporting
• Effectively analyze and extract necessary information to maintain service performance
ABM is a national HVAC
company with brand-
agnostic expertise and the
capacity to protect your
assets, reduce capital
expenditures, and realize
energy savings.

We provide the
commercial heating and
cooling solutions to keep
your systems running
efficiently, effectively,
safely, and sustainably,
so you can boost the
performance of your
facility and everyone who
works inside.

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1 . T R A N S M I T T A L L E T T E R

NYSE: ABM www.abm.com
Dedicated Local Support
A single operational point of contact for the
account will ensure consistent and uniformed
collaboration as well as a dedicated focus to your
business. Agreed-upon and clearly defined key
performance indicators (KPIs) provide a clear
view of our service performance.

Quarterly client business reviews (QCBRs) for
our strategic accounts ensure our team is
meeting performance, safety, and fiscal
requirements. We have a local branch less than
three miles from the City of Bell Gardens.
• Single point of contact
• Defined KPIs and QCBRs
• Local support
Sustainability
Our GreenCare® program promotes a healthier
environment for your city occupants and reduces
environmental harm. We publicly disclose our
sustainability efforts through an annual Corporate
Sustainability Report, participate in the Carbon
Disclosure Project, and actively support the
United Nations Global Compact.

Through ABM Cares, we take care of the
communities where we work. To further this goal,
we offer our management and staff employees a
matching program for charitable donations and
paid days off to volunteer.
• Meet sustainability initiatives
• Community involvement

Why ABM?
Core Business
We are the only organization fully dedicated to
facilities maintenance. This is our core business
which allows us the ability to act as an extension
of City’s team.

Self -Performance
We self-perform more services than any of our
competitors—delivering greater service quality,
safety, and compliance—at a lower cost. This
model ensures business continuity with service
delivery back-up to our account dedicated team
from our variable technical solutions and
specialty services groups.

Support Network
ABM is the only global facilities management
organization with a fully established built-in
support network with specialty services,
technical solutions, a branch network and an on-
demand vendor management platform.

The ABM Way
Our operations playbook strengthens site
operations by formalizing and communicating
corporate standards that reduce liability due to
non-compliance and allow the organization to
internally benchmark best practices based on
agreed upon KPIs.

ABM is proud to take care of the
people, spaces and places that are
important to you.

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1 . T R A N S M I T T A L L E T T E R

NYSE: ABM www.abm.com
ABM at a Glance
A driving force for a cleaner, healthier, and more sustainable world, we provide essential services and forward-looking solutions that improve the spaces and places that matter most. From curbside to rooftop, we provide comprehensive facility services that include janitorial, engineering, parking, electrical & lighting, energy solutions, HVAC & mechanical, landscape & turf, and mission critical solutions. ABM delivers these custom facility solutions to properties across a wide range of industries – from commercial office buildings to universities, airports, hospitals, data centers, manufacturing plants and distribution centers, entertainment venues, and more.

About Us
•Founded in 1909
•20,000 clients
•250+ locations in US, UK,
and Canada
•$8.1 billion in revenue
•100,000+ team members
Purpose
To care for the people,
spaces, and places that are
important to you
Vision
To be the clear choice in
industries we serve through
engaged people
Mission
To make a difference every
person, every day
Values
Respect, Integrity,
Collaboration, Innovation,
Excellence, Trust
30,000+
EV charging
ports installed

32%
average reduced
energy use
Over

stationary engineers
10,000
500,000+
heating and
cooling systems
maintained
5+ billion
sq. ft. cleaned
each day 55,000
+ acres of
landscaping and turf
maintained
30+
milliomillion sq. ft. of data
center space serviced
million in parking
revenue collected
$704+
million

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2 . M E T H O D O L O G Y

NYSE: ABM www.abm.com

2. Methodology
a. Include description of a) the approach and methodology to be taken in addressing each component in the scope of work, b) a listing of the specific tasks, milestones, and deliverables required to properly perform the requested services, and c) a workplan showing proposed hours for each retainer service, availability of team members, quality assurance and supervision.

ABM will be onsite quarterly to perform Preventative Maintenance on all equipment listed in the RFP.

Tustin 24/7 Service Line
• Dispatch Direct Phone Number: 714-227-3755
• Dispatch 24/7 Phone Number: 949-330-1550
• Dispatch Email: [email protected]
4 Hour Response Time for All Requests 24 hours a day, 365 days a year, including holidays Scope of Work
Rooftop Package Unit & Air Handlers
Operational Maintenance
• Tighten all setscrews and wire connections
• Lubricate motor and fan shaft bearings as necessary
• Check refrigerant sight glass, and visually check for refrigerant leaks • Check for blockage of condensate drain
• Check power and control voltages
• Check running amperage
• Check operating temperatures and pressures
• Check and adjust temperature and pressure controls
• Check operation of all safety controls
• Verify all panels are in place
• Perform a visible inspection of unit
• Remove and replace filters(Quarterly)
Date new Filters

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2 . M E T H O D O L O G Y

NYSE: ABM www.abm.com
Annual Maintenance
• Tighten all setscrews, and wire connections
• Lubricate motor and fan shaft bearings as necessary
• Check refrigerant sight glass, and visually check for refrigerant leaks • Check for blockage of condensate drain
• Check power and control voltages
• Check running amperage
• Check operating temperatures and pressures
• Check and adjust temperature and pressure controls
• Check operation of all safety controls
• Check condenser coils
• Clean condenser coils with water
• Verify all panels are in place
• Perform a visible inspection of unit
• Check all components for unusual noise, vibration, leaks and build up or heat • Remove & replace filters(Quarterly)
• Date new Filters
• Remove & replace belts yearly
Split -System Condensing Unit
Operational/Annual Maintenance
• Inspect and test electrical
• Check and calibrate safety controls and limits
• Check and tighten electrical connections and check contact points • Check operating voltages and currents
• Check fan and motor bearings
• Check bearings for end play, temperature, and wear
• Check motor mounts, belt tension and condition
• Check fan wheels and blades for dirt accumulation, clearance, rotation, and balance • Check for visible refrigerant leaks
• Check temperature rise across coil
• Check sub-cooling leaving condenser

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2 . M E T H O D O L O G Y

NYSE: ABM www.abm.com
• Check oil level in compressor as access permits and only under "full load" conditions • Check crankcase heater
• Check condition of coil surface and fins
• Clean condenser coils with water, annually
• Perform a visible inspection of unit
• Check all components for unusual noise, vibration, leaks and build up or heat

Page 169 of 236 ends

2 . M E T H O D O L O G Y

NYSE: ABM www.abm.com
According to the American Society of Heating, Refrigeration, and Air Conditioning Engineers (ASHRAE), the number one way for a facility to sustain energy savings is through a structured maintenance program.

By implementing a proactive program, City can ensure projected annual energy savings and protect the integrity of the assets installed. ABM can train City’s staff on new systems to ensure all equipment remains operating at optimum performance. As your staff’s comfort level and knowledge of the new systems increase, the potential exists for all maintenance to be brought back in -house and additional savings to be recognized.

We understand the importance of implementing a program that protects the integrity of your budget. Our aim is to influence all costs associated with owning and operating facilities, including capital, maintenance, energy, and labor. Our program reflects all cost requirements and all funding sources to make a complete solution economically viable.

Why ongoing support is important to us, and meaningful to City

Protects your capital
investment

Handles changes in
regulations and codes

Promotes environmental
control and budget integrity

Minimizes downtime

Maintains system reliability
and Indoor Air Quality (IAQ)

Reduces emergency
maintenance

Monitors and records
maintenance tasks

Specializes maintenance
functions

Sustains reduced energy
consumption

Establishes best practices

Page 170 of 236 ends

2 . M E T H O D O L O G Y

NYSE: ABM www.abm.com
Standards of Performance
ABM has developed Standards of Performance that ensure you receive consistent quality work, delivered safely. We will comply with the most recent issue of the design and construction standards listed below.

Occupational Safety and Health Administration (OSHA) regulations (29 CFR 1910 for General Industry and 29 CFR 1926 for Construction Industry)
29 CFR 1910, Occupational Safety, and Health Standards
10 CFR 435, Energy Conservation Voluntary Performance Standards for Commercial and Multi-Family High Rise Residential Buildings
29 CFR 1926, Safety and Health Regulations for Construction

American National Standards Institute
(ANSI)
American Society of Heating, Refrigeration,
and Air-Conditioning Engineers (ASHRAE):

ASHRAE 62; ASHRAE 55; ASHRAE 90.1

Architectural Barriers Act Accessibility
Standard (ABAAS)

Illuminating Engineering Society of North
America

National Electrical Manufacturers
Association (NEMA)
Guidance for Construction of Vertical
Boreholes for Closed Loop System &
COMAR 26.02
High Performance and Sustainable Building
Guide
National Electric Code (NEC); National
Electrical Safety Code (NESC); National
Fire Protection Association (NFPA)
Standards

International Building Code (IBC);
International Plumbing Code (IPC);
International Mechanical Code (IMC)

International Electrical Testing Association
(NETA)

Underwriters Laboratory (UL)
BICSI 568
U.S. Courts, United States
Courts Design Guide
U.S. Courts, Courthouse Design Reference
Manual
GSA CAD Standards
GSA Order PBS 3490.1 Management of Sensitive but Unclassified (SBU) building information PBS P-100 Facilities Standards for the Public Buildings Service Public Buildings Service Operations and Maintenance Standards

Page 171 of 236 ends

2 . M E T H O D O L O G Y

NYSE: ABM www.abm.com
Associations and Certifications
Your dedicated ABM team actively participates in the following associations and certifications:
• American Society of Heating, Refrigeration, and Air-
Conditioning Engineers (ASHRAE)
• ASHRAE Technical Committee 6.7 Solar Energy Utilization • Member and program chair in ASHRAE Technical
Committee 2.8 Building Environmental Impacts and
Sustainability
• United States Green Building Council (USGBC)
• Association of Energy Engineers (AEE)
• National Society of Professional Engineers (NSPE)
• National Association of Energy Service Companies
(NAESCO)
• Department of Energy Super ESPC List (DOE)
• American Solar Energy Society (ASES)
• International Solar Energy Society (ISES)
• American Society of Mechanical Engineers (ASME)
• American Society of Civil Engineers (ASCE)
• Project Management Institute (PMI)
• Zero Net Energy Alliance (ZNE)
• ISNetworld certification (ISN)
• National Fire Protection Association (NFPA) 70E and 70B training and certification
• Infrared Thermography Levels I & II training and certification (IRI and IRII)
• National Institute for Certification in Engineering Technologies (NICET) ABM is an InterNational Electrical Testing Association (NETA) accredited company averaging $80 million in annual revenues in electrical power systems. ABM Electrical Power Solutions is a founding member of NETA, established in 1972 to ensure the integrity of third-party electrical testing and certification. NETA is the standards developing organization for the American National Standards Institute (ANSI) and certifies member companies and their technicians and is the highest accreditation possible in the industry. b. The City will expect the selected Proposer to adhere to the established methodology and workplan.

Agreed.

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3 . M A N A G E M E N T A N D S T A F F I N G

NYSE: ABM www.abm.com
Ko
r
y

R
e
e
v
e
s
Vic
e

P
r
e
s
i
d
e
n
t
,

O
p
e
r
a
t
i
o
n
s
Chan Onechanh
Area, General Manager
Jim Bernard
Area Sales Director
Katarina Lindemann
Business Development
Manager
Judy Bejines
Service Manager
Tom Simpson
Service Foreman
Eduardo Palomino
Service Foreman
Troy Harper
Service Journeyman

3. Management and Staffing
Describe the management and staffing configuration to be utilized to complete each component of the scope of work. Describe the qualifications of staff to be assigned to the City, their title, and types and amount of equivalent experience. Resumes of all p roposed personnel must be included. The proposal must indicate who will have primary responsibility for the requested services. The proposal must also identify any proposed sub proposers or sub proposers that are integral to the proposed team.

Organizational Chart

Page 173 of 236 ends

Bell Gardens City CouncilFebruary 24, 2025

Bell Gardens City Council
February 24, 2025