10 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.
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.
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
11 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.
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
12 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, losse s 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 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
13 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. General liability insurance. CONTRACTOR shall maintain commercial general liability insurance with coverage at least as broad as Insurance Services Office form CG 00 01, in an amount not less than One Million Dollars ($1,000,000) per occurrence, Two Million Dollars ($2,000,000) general aggregate, for bodily injury, personal injury, and property damage. The policy must include contractual liability that has not been amended. Any endorsement restricting standard ISO “insured contract” language will not be accepted.
2. Automobile liability insurance. CONTRACTOR shall maintain automobile insurance at least as broad as Insurance Services Office form CA 00 01 covering bodily injury and property damage for all activities of the CONTRACTOR arising out of or in connection with Work to be performed under this Agreement, including coverage for any owned, hired, non-owned, or rented vehicles, in an amount not less than One Million Dollars ($1,000,000) combined single limit for each accident.
3. Worker’s Compensation insurance as required by the State of California and Employer’s Liability Insurance (with limits of at least One Million Dollars ($1,000,000)).
4. Umbrella or excess liability insurance. CONTRACTOR shall obtain and maintain an umbrella liability insurance policy with limits that will provide bodily injury, personal injury, and property damage liability coverage, including commercial general liability, automobile liability, and employer’s liability. Such policy or policies shall include the following terms and conditions:
a. A drop-down feature requiring the policy to respond if any primary insurance that would otherwise have applied proves to be uncollectible in whole or in part for any reason, other than bankruptcy or insolvency of said primary insurer;
14 b. “Pay on behalf of” wording as opposed to “reimbursement”; and c. Concurrency of effective dates with primary policies.
Should CONTRACTOR obtain and maintain an excess liability policy, such policy shall be excess over commercial general liability, automobile liability, and employer’s liability policies. Such policy or policies shall include wording that the excess liability policy follows the terms and conditions of the underlying policies.
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. All insurance policies shall be issued by an insurance company currently authorized by the Insurance Commissioner to transact business of insurance or is on the List of Approved Surplus Line Insurers in the State of California, with an assigned policyholders’ Rating of A- (or higher) and Financial Size Category Class VII (or larger) in accordance with the latest edition of Best’s Key Rating Guide, unless otherwise approved by the Agency’s Risk Manager.
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.
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.
15 I. All insurance coverage maintained or procured pursuant to this Agreement shall be endorsed to waive subrogation against CITY, its elected or appointed officers, agents, officials, employees and volunteers or shall specifically allow CONTRACTOR or others providing insurance evidence in compliance with these specifications, to waive their right of recovery prior to a loss. CONTRACTOR hereby waives its own right of recovery against CITY and shall require similar written express waivers and insurance clauses from each of its subconsultants.
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 14 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.
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
16 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 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.
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
17 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 misrepresentation 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 D efault 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 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 s hall 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
18 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.
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 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.
19 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
___________________
___________________
___________________
Attn: _______________
Phone: _____________
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 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.
20 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]
21 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:
_________________
By: ______________________________
Name:____________________________
Title:_____________________________
Date:
APPROVED AS TO FORM:
By:_____________________________
Stephanie Vasquez
City Attorney
Date:
22 EXHIBIT “A”
CITY RFP
23 EXHIBIT “B”
CONTRACTOR PROPOSAL
23 EXHIBIT “B”
CONTRACTOR PROPOSAL
OPERATIONS AND MAINTENANCE PROPOSAL
CITY OF BELL GARDENS WATER SYSTEM
Liberty Utilities (Park Water) Corp.
December 15, 2025
2 Table of Contents
I.TRANSMITTAL LETTER
II.TECHNICAL PROPOSAL
Company Overview
Liberty Operations
Contract Operations and Qualifications
Project Understanding
Project Approach
Project Work Plan
Project Organization Structure and Staffing Plan
Project Option
III.FEE PROPOSAL (ATTACHMENT A)
Proposed Annual Service Fee
Projected Annual Service Fee Savings from Project Option 1-3 Extraordinary Services Billing
Rates Schedule
IV.ACKNOWLEDGEMENT OF CITY’S STANDARD AGREEMENT
Acknowledgement Form (ATTACHMENT B)
Additions or Exceptions to RFP
Pending Litigation
Evidence of Insurance
V.REFERENCES
3 Section I
TRANSMITTAL LETTER
Transmittal
Letter
December 15, 2025
Mr. Bernardo Iniguez
Director of Public Works
City of Bell Gardens
8327 Garfield Avenue
Bell Gardens, CA 90201
Subject: Proposal for Maintenance and Operation of the City of Bell Gardens Water System
Dear Mr. Iniguez:
Liberty Utilities (Park Water) Corp. ("Liberty" or the "Company”) appreciates the opportunity to submit our response to the City of Bell Gardens' ("City") Request for Bids for the Maintenance and Operation of the City Owned Water System ("RFP"). The proposal presented herein demonstrates Liberty's qualifications and approach to performing the services outlined in the RFP and expresses our commitment to providing safe and reliable water service to the Bell Gardens community.
Liberty has a long and successful history of providing potable water and recycled water services to communities in the Southeast Los Angeles area. The Company knows the City's water system ("City System") well-having owned and operated the City System until it was sold to the City in 1991-and is excited about the opportunity to serve Bell Gardens residents and businesses again.
The Proposal presented herein details why Liberty is the best firm with a proven solution to continue to deliver the greatest value to the City and the local community. The Company is committed to continue to be the City's business partner and build on the relationships, transparency and trust demonstrated over the past five years. Summarized below are the key reasons for selecting Liberty.
■Uninterrupted Quality Service. Since February of 2015, Liberty has demonstrated quality, reliable and proven ability to ensure excellent service for the City of Bell Gardens.
Liberty has developed a deep understanding of the needs of the City System operations. If selected to continue our business partnership, Liberty will continue to provide excellent customer care from our local office, which your residents have become familiar with as an accessible and dependable location to visit for all their needs. ■Customer Focus. The Company is committed to delivering best-in-class customer service, including providing City customers with multiple payment options, phone and on-line access to account information, and the ability to speak with a Liberty representative 24/7.
Transmittal Letter
■Integrated Project Team. Liberty has formed a single integrated team of local managers and staff that will be responsible for both the transition and operations phases of the project. This team has an extensive history of working together and is committed to delivering a successful project.
■Proven and Effective Work Plan. Building on the Company's extensive operations expertise and experience in Southeast Los Angeles area, Liberty has developed and ready to implement a proven and effective project work plan. This work plan will ensure full compliance with laws and regulations and incorporate industry’s best practices. ■Unparalleled Water Utility Expertise. Liberty has over eighty-eight years of experience in water utility management, operations, and maintenance. Our team is professionally trained and possesses all the required qualifications and certifications to deliver exceptional and reliable water service to the City and City customers.
Moreover, the City will be able to draw upon Liberty's utility and business expertise to assist in meeting current and future challenges.
■Creative Project Options. Liberty's proposal offers several project options for consideration by the City. These project options will provide immediate and long-term value to the City and City customers and promote best industry practices.
Further, Liberty hereby discloses to the best of its knowledge that none of its officers or employees maintain a personal, professional or financial relationship with officer or employee of the City.
Again, Liberty is excited about this opportunity to provide water service to the City and support the City in addressing the City System's current and future challenges. Thank you for your consideration, and please contact Ken Pfister if you need additional information or clarification.
Sincerely,
Moses Thompson
President
Section II
TECHNICAL PROPOSAL
7 Company Overview
Liberty Utilities (Park Water) Corp. ("Liberty" or the "Company") is an investor-owned public water utility regulated by the California Public Utilities Commission ("CPUC") and the State Water Resources Control Board ("SWRCB").
Liberty was formed and incorporated in the State of California as a public water system in 1937 and has been providing water services in the Southern Los Angeles County region for over 88 years. Four non-contiguous public water systems currently comprise Liberty's operations - Compton/Willowbrook, Lynwood/Rancho Dominguez, Bellflower/Norwalk, and Mesa Crest. These collectively serve 29,900 connections ("Liberty System"). Figure 1 provides specifics for the four water systems.
Figure 1: Utility Statistics for Liberty System
Service Area
•Population
•Size
•Total Connections
133,000
11.8 29,907
Water Infrastructure
•Miles of Main
•Operating Wells (excluding standby wells)
•Interconnections
•Booster Pump Stations
•Storage Capacity (MG)
•Hydrants
•Valves
267
8 17
8 6.1
2,046
6,235
Liberty manages and operates its four water systems in Los Angeles County as a single integrated operation from its Downey headquarters and operations yard.
Liberty also owns and operates two other public water systems in California. Acquired in 1987, the Apple Valley Water System began providing water service in 1945 and currently serves 21,000 connections in and around the Town of Apple Valley in San Bernardino County. The service territory is 51 square miles with a population of 63,000 people. Apple Valley serves approximately 80% of the population in this high desert, commuter, and retirement town. Acquired in 2014, the Yermo Water System began providing water in 1915s and currently serves 290 connections to a portion of the Town of Yermo in San Bernardino County. The service territory is 0.8 square miles with a population of 1,000 people.
Liberty's parent company is Algonquin Power & Utilities Corp. ("APUC"). Through its two business groups, APUC owns and operates a diversified portfolio of North American rate- regulated electricity, natural gas, and water utility distribution businesses and non-regulated clean energy generation facilities. APUC trades on the Toronto Stock Exchange and the New York Stock Exchange under the symbol AQN.
Liberty is committed to community engagement and responsible corporate citizenship. The Company's local operations are very active in the community-providing annual contributions to several local community-based organizations-and engage regularly with local elected officials, city administrators, and other key community stakeholders.
8 Liberty has maintained a successful Utility Supplier Diversity Program for the last twenty years. Liberty has actively sought and successfully developed ongoing business relationships with talented minority- and women-owned businesses, as well as enterprises led by disabled veterans. Liberty continues to focus on expanding and strengthening the Company's relationships with diverse suppliers and increasing its business with them.
Liberty Operations
Liberty's service territory in Southeast Los Angeles is divided into four separate water systems: Compton/Willowbrook (Compton West), Lynwood/Rancho Dominguez (Compton East) Bellflower/Norwalk, and Mesa Crest. Please see Figure
2. Figure 2: Liberty Los Angeles County Service Territory Liberty's customers are predominantly residential, representing 91% of total connections and 69% of revenue. The Company's commercial customers are highly diversified with no single customer exceeding 5% of total revenues.
Liberty's water supply is sourced through a combination of purchased imported water, pumped Central Basin groundwater and purchased recycled water. The Company manages a diverse portfolio of Central Basin owned and leased water rights.
Liberty Operations
Liberty's operations are highly automated. Water production, treatment, distribution, and storage are monitored and controlled remotely through a supervisory control and data acquisition system ('SCADA"). Pressure, flow, disinfectant and fluoride concentrations are monitored constantly through SCADA. If levels fall outside of normal operating ranges, alarms are sent to Liberty's communications center and, after normal business hours, directly to on-call operations personnel. SCADA also controls flow at certain well and reservoir sites.
Liberty has converted its customer meters to Automatic Meter Reading ("AMR") and will be migrating all customer meters to Advanced Meter Infrastructure ("AMI") over the next several years.
Contract Operations and Qualifications
Liberty has been providing commercial operations and maintenance services in the Southeast Los Angeles area for over 30 years, using Liberty's experienced and certified personnel, communication systems, vehicles, equipment, and facilities to provide a
9 range of utility management, operations, and maintenance services.
Liberty successfully completed multiple operations and maintenance contracts with the Central Basin Municipal Water District from 1992 to 2017, serving as the contract operator of the Century Recycled Water System and Rio Hondo Recycled Water System located in the East Los Angeles County area.
Liberty also successfully completed multiple operations and maintenance contracts with the City of Bell Gardens for their municipal water system from 2015 to present.
Project Understanding
The City has issued an RFP with the intent of retaining a qualified and experienced contractor to operate and maintain the City's Water System ("City System") for a period of three years with the possibility of up to two 1-year contract extensions.
The City System serves 1,650 metered and primarily residential customers, approximately 30% of the northerly area of the City. The City System also serves a small number of commercial and industrial customers, the City Hall, the Police Station, the County Fire Station, and the Library.
The City System has two primary sources of water. The first is Well No. 1 (drilled in 1996), which is equipped with a variable speed pump and a production capacity of 2,000 – 3,000 gallons per minute. The second is a Metropolitan Water District of Southern California imported water connection, which has a production capacity of 7.5 cubic feet per second. The City also has two emergency interconnections with adjacent utilities (City of Commerce and Golden State Water Company).
To reduce its imported water purchases, the City is completing designs of an ion exchange PFAS/PFOA treatment plant for Well 1 and a water storage reservoir and booster pump station for Well 1.
The City owns 1,914 acre-feet of adjudicated pumping rights in the Central Basin aquifer and the City’s water system is comprised of approximately 13 miles of distribution system pipelines, ranging in diameter from 4 inch to 14 inch. While the City has replaced several water mains since 1992, most of the distribution system was installed in the 1940s. Approximately 40% of the distribution system is cast iron with the balance consisting of asbestos cement (25%), PVC (13%), and ductile iron (22%). The RFP notes that the distribution system is generally leak-free.
Project Approach
As the incumbent operator, Liberty is committed to continuing to provide the professionalism, resources, and expertise that underpinned its successful operations of the City System over the last ten years and that will ensure Liberty's continued successful performance of the routine and ordinary operations and maintenance services ("Routine/Ordinary Operations and Maintenance Services") and additional services ("Extraordinary Services") outlined in the RFP for the contracted period.
Moreover, Liberty will continue to bring the same high level of commitment and professionalism to the operations of the City System that underpin its successful utility operations in Southern California.
10 Project Work Plan
If selected, Liberty plans to continue to use its current project work plan for the City System. This work plan has proven successful in delivering (i) timely and effective project performance and delivery of Routine/Ordinary Operations and Maintenance Services; (ii) compliance with all laws and regulations, industry standards, and the Company's system operations practices and procedures; and (iii) timely response to all City requests for Extraordinary Services to address City System concerns or issues.
The Company will continue to use its Downey-based Liberty organization, staff, vehicles, equipment and facilities-supported by qualified and trusted subcontractors and utility vendors to perform all Routine/Ordinary Operations and Maintenance Services and Extra Ordinary Services.
Project Organization Structure and Staffing Plan
Ken Pfister, Liberty's Director of Operations, will serve as Corporate Contact and the Company's primary liaison to the City. Mr. Pfister will be responsible for the Company's overall project performance and client satisfaction. To ensure that Liberty meets the City's expectations, Mr. Pfister will contact the City quarterly to review performance and discuss the City's concerns or issues.
James Elliott, Liberty's Senior Manager, Engineering, will serve as the Project Manager.
Mr. Elliott will be responsible for the project's performance, project records, accounting and invoicing, and contract compliance.
Figure 3 provides an overview of the team that will be responsible for performing the various tasks in the City’s contract.
Figure 3: Management Team Overview
Name Position Water
Experience
Profile
Ken Pfister Director,
Operations
33 •SWRCB Water Distribution
Operator Grade 5
•SWRCB Water Treatment
Operator Grade 5
•Responsible for Water
Distribution, Field
Services, and Production
groups.
•33 years of experience in
the public sector working
for municipal water
systems.
•2 years in the private sectorworking for a regulated utility Rick Zimmer Senior Manager,
Water Quality
32 •BS Chemical Engineering,
California State University
San Diego
•MS Chemical Engineering,
California State University,
11 Long Beach
•Responsible for managing
compliance with Federal
and State regulations
/permits for 50+ water
/wastewater systems in
NY, MO, AR, IL, TX, AZ
and CA
• 32 years of experience in
the private sector working
in analytical chemistry,
microbiology, water
/wastewater treatment, and
drinking water/wastewater
regulations.
•Less than 1 year in the privatesector working for a regulatedutility Armando
Gonzalez
Supervisor,
Distribution
Operations
20 •SWRCB Water Distribution
Operator Grade 5
•SWRCB Water Treatment
Operator Grade 2
• Biology- Long Beach
City College
•Coordinates the day-to-
day work activities of the
Distribution Department.
This includes the
operation, repair, and
system maintenance of
water mains, services,
and fire hydrants.
Victor Ortiz Supervisor,
Production
Operations
22 •Sociology, California State
University Los Angeles
•SWRCB Water Distribution
Operator Grade 4
•SWRCB Water Treatment
Operator Grade 3
•Coordinates the day-to-
day work activities of the
Production Department,
including the operation,
repair, and maintenance of
domestic water production
facilities with a special
emphasis on preventive
maintenance programs for
water treatment facilities,
storage reservoirs, booster
stations and water quality
sampling.
Marc Flores Supervisor, Field
Service
18 •SWRCB Water Distribution
Operator Grade 4
12 Operations •SWRCB Water Treatment
Operator Grade 2
•Coordinates the day-to-day
work activities of meter
reading and field customer
service. Other duties include
maintaining a meter aging
program and meter testing.
Michael Sparling Specialist, Cross
Connection
Control
10 •Water Treatment, Santiago
Canyon College
•SWRCB Water Distribution
Operator Grade 4
•SWRCB Water Treatment
Operator Grade 3
•AWWA C ross
C onnection Specialist
•Coordinates the day-to-day
work activities of the
Maricela Sanchez Supervisor,
Customer Service
3 •Responsible for all day-to-
day operations in the
Customer Service
department. In her current
role she oversees a staff of
six Customer Service
representatives.
•Her responsibilities include
training, system testing,
and process
documentation and
implementation.
Alison Vai Senior Manager,
Communications
and Marketing
9 •M.Ed. Non-Profit Leadership,
Belmont University
•B.S. Business Administration
& Marketing
•Responsible for Liberty's
community outreach
efforts, building and
strengthening community
relationships, oversees the
planning and execution of
impactful events to
strengthen community
relationships, public
relations, and managing
website and social media.
Sandra Richmond Program
Manager, Water
Efficiency
4 •BA Environmental Science
and Policy, California State
University Long Beach
•AWWA Water Use Efficiency
Practitioner Grade 1
•Oversees development and
implementation of water use
efficiency programs for the
residential, commercial,
13 institutional, and industrial
sectors. She is responsible for
program management,
outreach and education,
legislation, and reporting to
the State Water Resources
Control Board and California
Public Utilities Commission.
She has an extensive
background in water
conservation and drought-
tolerant landscapes.
Ken Pfister, Liberty's Director, Operations, will serve as the Project Superintendent and Chief Operator of the City System. Mr. Pfister will be responsible for all operations and maintenance activities for the City System including maintaining a City-approved safety and water system operations training program and, above all, ensuring the delivery of high quality and reliable water service to City customers. He will also be responsible for water quality compliance activities and the cross-connection backflow prevention program.
Maricela Sanchez will be responsible for supervising the Customer Service staff, communicating and working directly with City customers that may require special assistance, and ensuring timely and professional responses to all customer inquiries and requests.
Armando Gonzalez will supervise the Field Service personnel assigned to service calls and meter reading.
Marc Flores will manage meter reading data for data upload to the Company's customer information system during the customer billing cycle.
Operations and Maintenance.
Armando Gonzalez will serve as the Assistant Chief Operator for the City System and the Project Foreperson. Mr. Gonzalez is bilingual and will be responsible for supervision and performance of the day-to-day operations and maintenance activities, ensuring at a minimum one field staff person on duty is bilingual, and maintaining a safe work environment.
Under the direction of the Project Foreperson, Liberty field operations personnel will operate, maintain, and monitor the City System, respond to all after-hours emergency calls twenty- four hours a day, 365 days a year, and perform the following operations and maintenance duties:
•Check operation of well(s) d a i l y i f r u n n i n g, weekly if in standby mode •Check pumping levels and document operational parameters daily •Check chlorination system daily
•Check operation of MWD connection daily
•Perform minor facility and equipment repairs as needed •Maintain the grounds of the well and MWD connection sites as needed •Visually inspect all water main alignments bimonthly
•Operate and exercise 150 system valves and 125 fire hydrant lateral valves once every three years
•Respond to underground service alerts as needed
•Flush the City System as needed
14 •Respond to after-hours emergency calls as needed within 2 hours •Repair and replace system facilities and equipment as needed (Extra Ordinary Services) •Perform sampling and testing of the water system as required by the State •Conduct a cross-connection backflow prevention program •Conduct lead and copper sampling program as required by the State •Comply with all requirements of the State Water Resources Control Board Customer Service & Billing.
Liberty will utilize their existing office in Downey, which is staffed with qualified, bilingual customer service personnel Monday through Friday, 8:00 AM to 5:00 PM (except City holidays). This office is ADA accessible and has free parking. Further a manned telephone number is available 24 hours per day throughout the year for customer service. •Respond to customer inquiries via telephone or in person and dispatch operations staff as needed to respond to customer inquiries or requests
•Process customer payments
•Deposit receipts into the City's bank account daily
•Process customer applications to establish or terminate service •Maintain customer service and customer accounting records and customer communications log regarding billing and usage
The office personnel will also manage and pursue collections of delinquent customer accounts, performing the following duties:
•Collect delinquent customer payments and/or shut-off/lock-off service in accordance with City rules
•Process Delinquent Listing Report on 35th day of billing period and perform collection of delinquent customer payments as needed and in accordance with City Rules •Mail second bill (payable 10 days) for all delinquent customer accounts (35 days past due)
•Coordinate with field service personnel for hand delivery of third and final bill (payable 7 days) for delinquent customer accounts (45 days past due) •Subject to City approval, coordinate with field service personnel to shut-off and lock-off service for delinquent customer accounts (52 days past due) Liberty's Field Service staff will perform the following meter reading and service call duties:
•Read 1,650 meters bimonthly
•Upload meter read data into the Company's customer information system and bill customers bimonthly using third party vendor
•Replace non-working meters as-needed (extra ordinary service) •Turn-on, turn-off, and shut off/lock off services as needed •Respond to other customer service requests as-needed
Customer Care. The Company prides itself on establishing an innovative and industry leading customer care program. As part of Liberty, City customers will have access to a range of exceptional customer care services in addition to the in-person services that will be offered at Liberty’s Downey office.
Liberty will provide City customers with several automated services through its 24/7 Interactive Voice Recognition ("IVR") phone system, including access to their account information and account balances, bill payment and payment arrangement options, office hours and directions and conservation tips.
15 While City customers always will have the option of paying their bills in person at Liberty’s Downey office (cash, check or money order) or by mail, they will have access to several additional bill payment options as part of Liberty as shown in Figure 4.
Figure 4: Additional Customer Payment Options
Pay with cash at local pay stations located at 7-
11 convenience stores in the City of Bell
Gardens and throughout Southern California
using the PayNearMe service.
Pay over the phone using Liberty’s IVR
system with a credit or debit card, or
electronic check
Pay on-line through the Liberty website using a
credit card, debit card, or electronic check Pay
through Easy Pay service, which deducts a
credit card or debit card, or electronic check
Pay through Liberty’s Easy Pay service,
which deducts the payment amount from
customers' bank account automatically
One of the Company most innovative customer care services is the PayNearMe service, which will allow City customers to pay their bills in cash at any 7-Eleven store in the country.
All that is required to use this service is a PayNearMe Pay Code, which is scanned by the store attendant to complete the payment process. Customers will also receive a receipt confirming payment. Figure 5 on the next page provides a map showing several 7-Eleven stores conveniently located in or near Bell Gardens.
The Company offers several services for customers with special needs, including the following:
•Language Translation - Liberty will provide an interpreter, if needed, to answer questions by phone in languages other than English and Spanish.
•Large Print Bills - The Company will provide large print bills for visually impaired customers
•Priority Customer Designation - Liberty will utilize a City provided list to designate customers who depend on a kidney dialysis machine or other life sustaining equipment that requires water for a Priority Customer to ensure that the special water needs of these customers are met.
•Third Party Notification - The Company will provide a copy of reminder notices and disconnect notices to the third party designated by the customer. It is a way of providing a friendly reminder that a bill is due to a third party. This service is particularly useful for elderly and disabled customers.
•TTYITTD - Liberty provides a relay service operator for hearing impaired customers.
Figure 5: PayNearMe Locations Map
16 Project Organizational Structure & Staffing Plan
Liberty has designed the project's organizational structure to optimize the City System operations by leveraging the Company's extensive organizational capabilities, potable water experience and expertise, and its network of subcontractors and vendors.
Liberty's staffing plan will ensure that the Company will be able to always maintain sufficient staffing levels of qualified personnel to perform Routine/Ordinary Operations and Maintenance Services, respond 24/7 to after-hours emergency situations and perform Extraordinary Services as needed.
Figure 6 details Liberty's management team and operations staff which comprises 40 employees that will be responsible for the Bell Garden System. Figure 7 below is a summary table of Liberty's key management personnel.
Figure 6: Liberty Organization Chart
Moses
Thompson
President
Maricela
Sanchez
Supervisor
Customer Care
Ken Pfister
Director
Operations
Customer
Service
(6)
Water
Efficiency
(1)
Jim Elliott
Sr. Manager,
Engineering
Production
(7)
Field Service
(5)
Alison Vai
Sr. Manager
Communications
Distribution
(9)
Environmental,
Safety & Health
(1)
Water Quality (1)
Engineering (8)
Figure 7: Liberty’s Key Management Personnel
Name Position Years of
Experience
Ken Pfister Director, Operations 33
Rick Zimmer Senior Manager, Water Quality 32
Armando Gonzalez Supervisor, Distribution Operations 20 Victor Ortiz Supervisor, Production Operations 22
Marc Flores Supervisor, Field Service Operations 18
Michael Sparling Specialist, Cross Connection Control 10 Maricela Sanchez Supervisor, Customer Service 3
17 Alison Vai Senior Manager, Communications and
Marketing
9 Sandra Richmond Program Manager, Water Efficiency 4
Project Options
Liberty possesses the experience, qualifications, and capabilities to provide a range of additional utility operations services to the City including but not limited to the following:
•Water operations best practice and system and water supply optimization strategies •Water conservation programs
•Billing and collection best practices to maximize revenue collection •Rate design and stabilization strategies, including design of a subsidy program for low- income customers
Section III
FEE PROPOSAL
Fee Proposal
Proposed Annual Service Fee
Liberty’s proposed Annual Service Fee-detailed below in Figure 8 was prepared in conformance with all RFP requirements-including the scope of work-and other pertinent information provided in the RFP.
The proposed Annual Service Fee is estimated on a 12-month basis and includes all expenses and materials required to perform the Routine/Ordinary Operations and Maintenance Services defined in the RFP. The annual service fee below is for the first year of the agreement. The annual price for succeeding years of the agreement shall be escalated annually by Consumer Price Index for All Urban Consumers for the Los Angeles Area for the 12-month period ending December of the preceding year; or 5% whichever is less. Liberty will bill the City 1/12th of this annual fee each month.
Figure 8: Proposed Annual Service Fee
Description
Project Management $32,900
Operations & Maintenance $129,000
Customer Service $139,000
Total - Proposed Annual Service Fee ¹ ² ³ $ 300,900
¹ Proposed Annual Service Fee includes an annual allocation of 52 responses (104 labor hours) for underground service alerts ² Proposed Annual Service Fee includes an annual allocation of 450 labor hours for turn-ons, turn-offs, lock-offs & responses to customer calls ³ Proposed Annual Service Fee excludes purchased water, purchased power, chemicals and water testing lab expenses Extraordinary Services
Liberty's proposed Annual Service Fee does not include any expenses or materials to perform the Extraordinary Services defined in the RFP, as pursuant to the RFP these services will be compensated on a time and material basis and separate from the Annual Service Fee. Costs from subcontractors and outside suppliers used by Liberty in performing work on this contract will be billed to the City with a 15% mark-up to cover Liberty’s administrative functions.
Billing Rates Schedule
Liberty has prepared its proposed Billing Rates Schedule to conform to and satisfy all RFP requirements. The proposed Billing Rates Schedule listed in Figure 9 below shows the hourly rate by position and includes all direct and overhead expenses. The rate schedule below is for the first year of the agreement. The rate schedule for succeeding years of the agreement shall be escalated annually by the Consumer Price Index for Urban Wage Earners and Clerical Workers (CPI-W).
Figure 9: Extraordinary Staff Billing Rate Schedule
Position Regular
Time
($/hour)
Overtime
($/hour)
Double
Overtime
($/hour)
Project Manager $266
CIS Programmer $263
GIS Coordinator $226
Supervisor, Field $207
Safety Manager $180
Civil Engineer $172
Lead, Field $146
Supervisor, Customer Care $143
Cross Connection Specialist $136
Senior Accountant $135
Lead, Customer Care $125
Utility Serviceperson, Production $123 $144 $166
Utility Serviceperson, Field $113 $133 $154
Customer Care Representative $110
Engineering Assistant $56
Section IV
ACKNOWLEDGEMENT OF CITY’S
STANDARD AGREEMENT
The City of Bell Gardens’ Standard Form of Agreement included in the RFP is substantially different from the 2020 agreement between Liberty and the City for the operation and maintenance of the City’s municipal water system. Liberty is in the process of providing comments regarding the City’s standard form.
This proposal is contingent on negotiation and agreement between the City and Proposer on the final terms and conditions of such agreement following award of this bid.
Additions or Exceptions to RFP
•As an exception to the RFP requirement to operate system valves and fire hydrant lateral valves on annual basis, the City of Bell Gardens has agreed that Liberty will continue its past practice of utilizing a three-year cycle for valve turning in the City of Bell Gardens municipal water system. •Although Liberty is unable to provide three municipal or public agency references, the City of Bell Gardens accepts the references provided in this proposal.
Pending Litigation
The following are pending lawsuits against Liberty Utilities (Park Water) Corp:
•Mata v. Liberty Utilities, Superior Court of California, County of Los Angeles, Case No. 23STCV25632, Defendant
•Heldman v. Liberty Utilities, Superior Court of California, County of Los Angeles, Case No. 23STCV27944, Defendant
•Santoyo v. A P R Consulting, Inc., Superior Court of California, County of Los Angeles, Case No. 24STCV04117, Defendant
•Hernandez v. Liberty Utilities, Superior Court of California, County of Los Angeles, Case No. 25STCV06335, Defendant
Evidence of Insurance
The certificate of insurance is included herein.
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1 7
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1 CERTIFICATE OF LIABILITY INSURANCE DATE(MM/DD/YYYY)
12/10/2025
IMPORTANT: If the certificate holder is an ADDITIONAL INSURED, the policy(ies) must have ADDITIONAL INSURED provisions or be endorsed.
If SUBROGATION IS WAIVED, subject to the terms and conditions of the policy, certain policies may require an endorsement. A statement on this certificate does not confer rights to the certificate holder in lieu of such endorsement(s).
THIS CERTIFICATE IS ISSUED AS A MATTER OF INFORMATION ONLY AND CONFERS NO RIGHTS UPON THE CERTIFICATE HOLDER. THIS
CERTIFICATE DOES NOT AFFIRMATIVELY OR NEGATIVELY AMEND, EXTEND OR ALTER THE COVERAGE AFFORDED BY THE POLICIES BELOW. THIS CERTIFICATE OF INSURANCE DOES NOT CONSTITUTE A CONTRACT BETWEEN THE ISSUING INSURER(S), AUTHORIZED REPRESENTATIVE OR PRODUCER, AND THE CERTIFICATE HOLDER.
PRODUCER
Aon Risk Services Northeast, Inc.
Boston MA Office
53 State Street
Suite 2201
Boston MA 02109 USA
PHONE(A/C. No. Ext):
E-MAILADDRESS:
INSURER(S) AFFORDING COVERAGE NAIC #
(866) 283-7122
INSURED 33600LM Insurance CorporationINSURER A:
23043Liberty Mutual Insurance Co.INSURER B:
33588The First Liberty Insurance CorporationINSURER C:
INSURER D:
INSURER E:
INSURER F:
FAX(A/C. No.):(800) 363-0105
CONTACTNAME:
Liberty Utilities (Park Water) Corp.
P.O. Box 7002
Downey CA 90241-7002 USA
COVERAGES CERTIFICATE NUMBER:570117006131 REVISION NUMBER:
THIS IS TO CERTIFY THAT THE POLICIES OF INSURANCE LISTED BELOW HAVE BEEN ISSUED TO THE INSURED NAMED ABOVE FOR THE POLICY PERIOD INDICATED.
NOTWITHSTANDING ANY REQUIREMENT, TERM OR CONDITION OF ANY CONTRACT OR OTHER DOCUMENT WITH RESPECT TO WHICH THIS CERTIFICATE MAY BE ISSUED OR MAY PERTAIN, THE INSURANCE AFFORDED BY THE POLICIES DESCRIBED HEREIN IS SUBJECT TO ALL THE TERMS, EXCLUSIONS AND CONDITIONS OF SUCH POLICIES. LIMITS SHOWN MAY HAVE BEEN REDUCED BY PAID CLAIMS.Limits shown are as requested
POLICY EXP (MM/DD/YYYY)POLICY EFF (MM/DD/YYYY)SUBRWVDINSR LTR ADDL INSD POLICY NUMBER TYPE OF INSURANCE LIMITS
COMMERCIAL GENERAL LIABILITY
CLAIMS-MADE OCCUR
POLICY LOC
EACH OCCURRENCE
DAMAGE TO RENTED
PREMISES (Ea occurrence)
MED EXP (Any one person)
PERSONAL & ADV INJURY
GENERAL AGGREGATE
PRODUCTS - COMP/OP AGG
X
X
X
GEN'L AGGREGATE LIMIT APPLIES PER:
$2,000,000
$2,000,000
$10,000
$2,000,000
$2,000,000
$2,000,000
$250,000Self-Insured Retention
B 07/01/2025 07/01/2026
SIR applies per policy terms & conditions
EB1B71171463015
PRO-
JECT
OTHER:
AUTOMOBILE LIABILITY
ANY AUTO
OWNED
AUTOS ONLY
SCHEDULED
AUTOS
HIRED AUTOS
ONLY
NON-OWNED
AUTOS ONLY
BODILY INJURY ( Per person)
PROPERTY DAMAGE
(Per accident)
X
X
BODILY INJURY (Per accident)
$1,000,000A07/01/2025 07/01/2026
Collision Ded-$1,000
COMBINED SINGLE LIMIT
(Ea accident)AS5-691-544580-055
Comp Ded-$1,000X
EXCESS LIAB
OCCUR
CLAIMS-MADE AGGREGATE
EACH OCCURRENCE
DED
UMBRELLA LIAB
RETENTION
E.L. DISEASE-EA EMPLOYEE
E.L. DISEASE-POLICY LIMIT
E.L. EACH ACCIDENT $1,000,000
X OTH-ERPER STATUTEC07/14/2025 07/01/2026
$1,000,000
Y / N
(Mandatory in NH)
ANY PROPRIETOR / PARTNER / EXECUTIVE
OFFICER/MEMBER EXCLUDED?N / AN
WORKERS COMPENSATION AND
EMPLOYERS' LIABILITY
If yes, describe under DESCRIPTION OF OPERATIONS below
$1,000,000
WC6695544580065
DESCRIPTION OF OPERATIONS / LOCATIONS / VEHICLES (ACORD 101, Additional Remarks Schedule, may be attached if more space is required) The City of Bell Gardens its elected officials, officers, agents, employees, attorneys, servants, volunteers, successors and assigns are included as Additional Insured in accordance with the policy provisions of the General Liability policy. General Liability and Automobile Liability policies evidenced herein are Primary and Non-Contributory to other insurance available to Additional Insured, but only in accordance with the policy's provisions.
CANCELLATIONCERTIFICATE HOLDER
AUTHORIZED REPRESENTATIVECity of Bell Gardens
8327 Garfield Avenue
Bell Gardens CA 90201 USA
ACORD 25 (2016/03)
©1988-2015 ACORD CORPORATION. All rights reserved
The ACORD name and logo are registered marks of ACORD
SHOULD ANY OF THE ABOVE DESCRIBED POLICIES BE CANCELLED BEFORE THE EXPIRATION DATE THEREOF, NOTICE WILL BE DELIVERED IN ACCORDANCE WITH THE POLICY PROVISIONS.
Section V
REFERENCES
O&M services for the City of Bell Gardens municipal water system (2015 to present) Mr. Bernardo Iniguez
City of Bell Gardens
8327 Garfield Avenue
Bell Gardens, CA 90201
562.806.7770
[email protected]
O&M services for Century and Rio Hondo Recycled water systems (1992 – 2017) Ms. Elaine Jeng
Central Basin Municipal Water District
6252 Telegraph Road
Commerce, CA 90040
323.201.5550
[email protected]
Miscellaneous water facility construction services (2000 - present) Mr. Pete Rasic
W.A Rasic Construction
4150 Long Beach Boulevard
Long Beach, CA 90807
562.928.6111
[email protected]
Miscellaneous water facility construction services (1990 – present) Mr. Mike Clark
Doty Brothers Equipment Company
11232 E. Firestone Boulevard
Norwalk, CA 90650
562.864.6566
[email protected]
Miscellaneous SCADA consulting service (2007 - present) Mr. Mike Nease
MSO Technologies, Inc.
17526 Von Karman Avenue, Suite B
Irvine, CA 92614
949.250.8668
[email protected]
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 Douglas Benash, P.E., City Engineer
SUBJECT:Consideration of Approval of the Installation of Speed Humps on Kress Avenue from Florence Avenue to Clara Street
MEETING DATE:January 12, 2026
RECOMMENDATION:
It is staff’s recommendation that the City Council authorize the installation of two speed humps on Kress Avenue from Florence Avenue to Clara Street.
BACKGROUND / DISCUSSION:
The Public Works Department received a signed speed hump petition from residents requesting the installation of speed humps on Kress Avenue from Florence Avenue to Clara Street.
In response to the request, the City Traffic Engineer reviewed the following points to determine whether the request met the criteria specified in the City’s Speed Hump Policy (“Policy”):
•The street segment is a local residential street with one lane of travel in each direction;
•The roadway width is not more than 40 feet;
•There are no street curves that would make it difficult for drivers to see the speed humps;
•The traffic volumes are between 500 and 3,500 vehicles per day; •The posted speed limit/Prima facia speed limit of 25 miles per hour (MPH); •The actual measured 85th percentile speeds greater than 25 MPH by 8 MPH or more;
•There are no roadways with grades over six percent (6%); •The street segment is not a transit route or primary emergency response route; and
•There is citizen support of at least fifty-one percent (51%) of residents residing along the affected street segment in support the speed hump request (one vote per each legal address).
In response to the request, the City Traffic Engineer ordered traffic volume counts and a speed profile for Kress Avenue from Florence Avenue to Clara Street. The purpose was to confirm the extent of reported speeding activity on Kress Avenue and to review the traffic volume data needed to determine if the local street meets the Policy’s requirements.
Kress Avenue is a north-south local residential street providing one lane of travel in each direction with a prima facia and posted speed limit of 25 MPH. This residential block has single-family and multi-family homes on both sides of the street. The roadway is approximately 34 feet wide from curb to curb. The block length of Kress Avenue from Florence Avenue to Clara Street is approximately 960 feet.
The results of the average daily traffic volume over a three-day period show that Kress Avenue carries an average of 909 vehicles per day. A traffic study was conducted to determine the presence of “speeding” vehicles by measuring if the 85th percentile speed exceeds the posted limit by 8 MPH. The traffic volumes were recorded from August 12, 2025, to August 14, 2025. The recorded 85th percentile speed was 33 MPH on two of the three studied days. This result meets the Policy’s criteria for demonstrating excessive speeding activity.
After reviewing the Policy criteria and the collected traffic-related data, the City Traffic Engineer determined the subject block of Kress Avenue met the requirements to proceed with the distribution of the Speed Hump Survey Questionnaire (“Questionnaire”) to all residents on the affected street segment. On October 7, 2025, the Traffic and Safety Commission authorized staff to distribute the Questionnaire, requesting the residents’ confirmation of support or opposition of the installation of the two proposed speed humps.
By December 8, 2025, a total of 24 out of 39 Questionnaires were received by Public Works. Of the 24 Questionnaires received, 22 supported the installation of speed humps, and two did not support the petition. Therefore, 56% support was received for the speed hump installation, exceeding the minimum requirement of 51% support.
CONCLUSION:
If approved, Public Works staff will schedule the installation of the two speed humps on Kress Avenue from Florence Avenue to Clara Street. It is anticipated that the speed humps will help reduce speeding and improve safety for motorists and pedestrians alike.
FISCAL IMPACT:
The estimated cost for the installation of speed humps, signage, and pavement markings is approximately $2,530, which is available in the current Street Maintenance Budget.
APPROVALS:
Michael B. O'Kelly, City Manager
Stephanie Vasquez, City Attorney
Manuel Carrillo, Director of Finance and Administrative Services
Exhibit 1 – Aerial View of Kress Avenue from Florence Avenue to Clara Street
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Exhibit 2 – Speed Hump Locations
CITY OF BELL GARDENS
OFFICE OF THE CITY MANAGER
EXECUTIVE SUMMARY
TO:Honorable Mayor and City Council Members
FROM:Michael O’Kelly, City Manager
BY: Daisy Gomez, City Clerk
SUBJECT:Local Commissions Appointment List
MEETING DATE:January 12, 2026
RECOMMENDATION:
It is staff's recommendation that the City Council review the Commissions Appointments List and by motion, remove commissioners and/or make appointments to the posted vacancies.
BACKGROUND / DISCUSSION:
The Local Appointments List includes all Bell Gardens Commissions and Commissioners. The City Council adopted Ordinance No. 825 on July 13, 2009 establishing minimum requirements for service on commissions. All Commissioners must reside within the City of Bell Gardens and may only serve on one Commission at a time. Once appointed, each Commissioner must adhere to the requirements of the City's Conflict of Interest Code and state-mandated AB 1234 ethics training and AB 1661 harassment training.
Ordinance No. 825 allows each Council Member to remove or appoint one candidate per Commission, subject to the approval of the Council majority. Appointed Commission Members serve terms that coincide with the term of the Council Member who made the appointment.
CONCLUSION:
After an appointment is made, Commission members will receive their Oath of Office before beginning service with their respective Commission at the next regularly scheduled Commission meeting. The City Clerk's Office will arrange for the proper filing of Conflict of Interest Code forms and schedule trainings for AB 1234 and AB 1661.
FISCAL IMPACT:
No fiscal impact.
ELECTRONICALLY APPROVED BY:
Michael B. O'Kelly, City Manager
Stephanie Vasquez, City Attorney
Manual Carrillo, Director of Finance and Administrative Services
Updated: 10/28/2025
CITY OF BELL GARDENS
NOTICE OF COMMISSION VACANCIES
AND ACTIVE COMMISSIONERS
EDUCATION COMMISSION
PLANNING COMMISSION
RECREATION, CULTURAL AND YOUTH COMMISSION
SENIOR CITIZEN COMMISSION
TRAFFIC AND SAFETY COMMISSION
The City Council is seeking applications for the following vacancies:
Meeting Date: Second Thursday of every month, City Hall Council Chamber, 5:00 p.m.
Staff Liaison - Ana Avalos, Recreation and Community Services Supervisor, (562) 806-7650 Meeting Date: Third Wednesday of every month, City Hall Council Chamber, 5:15 p.m.
Staff Liaison - Steven Jones, City Planner, (562) 806-7722 VACANT Barcena 9/17/2025
Meeting Date: Third Thursday of every month, City Hall Council Chamber, 6:00 p.m.
Staff Liaison – Armando Andrade, Recreation and Community Services Supervisor, (562) 806-7650 Meeting Date – Second Wednesday of every month, City Hall Council Chamber, 6:00 p.m.
Staff Liaison – Diana Ortiz, Recreation and Community Services Supervisor (562) 806-7650 Meeting Date – First Tuesday of every month, City Hall Council Chamber, 5:30 p.m.
Staff Liaison – Bernardo Iniguez , Director of Public Works/Facilities (562) 806-7770 Applicants must be residents of the City. No person previously convicted of a felony in this state or elsewhere shall be permitted to serve on any City Commission. Before assuming the duties of a commissioner, each person appointed shall take and file with the City Clerk the same constitutional oath of office required of members of the city council. Any member of a commission shall be deemed to have resigned from the commission, and his or her office as a member of the commission shall automatically vacated, in the event, the member ceases to be a resident of the City or is convicted of a felony. (Bell Gardens Municipal Code Sections 2.68.030, 2.28.030, 2.22.030, 2.35.030) Applications may be obtained from the City Clerk’s Office: 7100 Garfield Ave, Bell Gardens, CA 90201. Applications will be accepted in the City Clerk’s Office on a continuous basis until an appointment is made. Please call the City Clerk’s Office at (562) 806-7705 or email [email protected] for more information.
Daisy Gomez, City Clerk
Ereni de la Paz Barcena 9/22/2025
Linda Judith Lopez Chavez 4/28/2025
Crystal Jimenez De La Rosa 1/13/2025
Juan Manuel Rojas Guillen 1/27/2025
Miguel Maravilla Sanchez 1/13/2025
Carlos Jose Barrera Chavez 1/13/2024
Kenneth Preciado De La Rosa 1/13/2025
Yorgelys Monroy Guillen 2/11/2025
Oscar Boado Sanchez 9/11/2023
VACANT Barcena 1/6/2025
Katelynn Cabrera Chavez 4/28/2025
Ainslee Preciado De La Rosa 2/24/2025
Karla Acosta Guillen
Carmen Vargas Sanchez 7/22/2024
Ana Maria Sanchez Flores Barcena 1/9/2023
Mayra Teresa Yañez Chavez 4/28/2025
Karina Garcia De La Rosa 5/12/2025
VACANT Guillen
Stephanie Perez Sanchez 1/23/2023
David Heredia Barcena 1/9/2023
Edgar Juvenal Lopez Bustillos Chavez 4/28/2025
Gustavo Mendez De La Rosa 4/14/2025
Samuel Perez Guillen 2/24/2025
VACANT Sanchez 10/9/2025
NAME APPOINTED BY VACANCY
POSTED
APPOINTMENT
DATE
10/27/2025
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 Acosta, Community Development Director
SUBJECT:Consideration of Interim Urgency Ordinance No. 963-U, Amending Certain Sections of Title 6 (Buildings and Construction) of the Bell Gardens Municipal Code to Adopt by Reference Los Angeles County Code Titles 26 through 31, Which Adopt By Reference and Amend the 2025 California Building Standards Code, and Adopting by Reference the 2024 International Property Maintenance Code as Published by the International Code Council DATE:January 12, 2026
RECOMMENDATION:
It is staff’s recommendation that the City Council adopt, by a four-fifths vote, Interim Urgency Ordinance No. 963-U, amending certain sections of Title 6 (Buildings and Construction) of the Bell Gardens Municipal Code, to adopt by reference Los Angeles County Code Title 26 (Building Code), Title 27 (Electrical Code), Title 28 (Plumbing Code), Title 29 (Mechanical Code), Title 30 (Residential Code), and Title 31 (Green Building Standards Code), which amend and adopt by reference the 2025 California Building Standards Code, and adopt by reference the 2024 International Property Maintenance Code as published by the International Code Council.
BACKGROUND:
The California Building Standards Code, codified under Title 24 of the California Code of Regulations (“Title 24”), is updated every three (3) years to reflect changes in national model codes and standards because of advances in information and technology in the building and life safety industry. Multiple California state agencies review the most recently published national model codes and make amendments and additions thereto, which are then incorporated into Title 24. The new 2025 California Building Standards Codes were published on July 1, 2025, and went into effect on January 1, 2026.
On November 25, 2025, the Los Angeles County Board of Supervisors adopted amended versions of the 2025 California Building Standards Code—including Parts 2, 2.5, 3, 4, 5, and 11 of Title 24—by reference pursuant to California Government Code Section 50022.2. Under California Health and Safety Code Section 17958.5, the County of Los Angeles made express findings that each amendment, addition, or deletion was necessary because of local climatic, topographical or geological conditions. Those amendments, additions, or deletions to Title 24 are reflected in Los Angeles County Code Title 26 (Building Code), Title 27 (Electrical Code), Title 28 (Plumbing Code), Title 29 (Mechanical Code), Title 30 (Residential Code), and Title
31 (Green Building Standards Code). It is the City’s practice to adopt by reference the Los Angeles County Code Titles noted above, including all amendments to the California Building Standards Code for local climatic, topographical or geological conditions and the associated findings supporting each amendment.
California Health and Safety Code Section 17922 require the City to adopt Title 24 and all amendments. Pursuant to Government Code Section 50020 et seq. and Health and Safety Code Section 17958.5, the City may adopt by reference, in whole or in part, including any amendments, any code adopted by the federal government, the state, a local agency, or a nationally recognized private organization or institution. This includes adopting a code that adopts by reference another code, such as the case here.
This Interim Urgency Ordinance is presented pursuant to California Government Code Section 36937(b), as a measure necessary for the immediate protection of the public health, safety and welfare. If the Interim Urgency Ordinance is not adopted, the 2025 California Building Standards Code will apply to the City of Bell Gardens without the local amendments necessary to preserve the public health, safety, and welfare, and will be effective until the amended code is operative through the standard ordinance adoption process. This will result in an implementation gap of more stringent City building codes, which are necessary due to the City’s unique climatic, geological and topographical characteristics and would result in an immediate threat to the public health, safety and welfare of the City of Bell Gardens. Adopting this Interim Urgency Ordinance also avoids conflict or confusion regarding permits approvals and enforcement. This Interim Urgency Ordinance may only be adopted by a four-fifths vote and shall automatically terminate forty-five (45) days after its adoption.
The City desires to adopt the Los Angeles County Code Titles listed above, which amend Parts 2, 2.5, 3, 4, 5, and 11 of Title 24 because of local climatic, topographical or geological conditions within the County of Los Angeles, along with the findings supporting each amendment. This requires updating the following Chapters under Bell Gardens Municipal Code (“BGMC”) Title 6 (Buildings and Construction): Chapter 6.04 (Building Code), Chapter 6.08 (Mechanical Code), Chapter 6.12 (Plumbing Code), Chapter 6.14 (Residential Code), Chapter
6.16 (Electrical Code), and Chapter 6.18 (Green Building Standards Code). The City also desires to adopt by reference the 2024 International Property Maintenance Code as published by the International Code Council, which would be included as Chapter 6.19 in the BGMC.
Pursuant to Government Code Section 50022.6, copies of Los Angeles County Code Titles 26 through 31 and Parts 2, 2.5, 3, 4, 5, and 11 of Title 24, together with all changes, additions, and deletions shall be on file with the City Clerk for public inspection.
CONCLUSION:
It is recommended that City Council adopt the proposed Interim Urgency Ordinance by a four- fifths vote.
FISCAL IMPACT:
State law requires a copy of the adopted codes with all amendments to be on file at City Hall.
The approximate cost for these code sets is $1,700.00. This cost has been incorporated into the FY 25-26 Community Development Department budget. The account code used to appropriate this activity is 110-4332-1600.
APPROVED ELECTRONICALLY BY:
Michael B. O'Kelly, City Manager
Stephanie Vasquez, City Attorney
Manuel Carrillo, Director of Finance and Administrative Service
INTERIM URGENCY ORDINANCE NO. 963-U
AN INTERIM URGENCY ORDINANCE OF THE CITY COUNCIL OF THE CITY OF BELL
GARDENS, CALIFORNIA, ADOPTING BY REFERENCE, PURSUANT TO GOVERNMENT CODE SECTION 50022.2, THE 2025 CALIFORNIA BUILDING CODE (AS AMENDED BY TITLE 26 LOS ANGELES COUNTY BUILDING CODE), THE 2025 CALIFORNIA ELECTRICAL CODE (AS AMENDED BY TITLE 27 LOS ANGELES COUNTY ELECTRICAL CODE), THE 2025 CALIFORNIA PLUMBING CODE (AS AMENDED BY TITLE 28 LOS ANGELES COUNTY PLUMBING CODE), THE 2025 CALIFORNIA MECHANICAL CODE (AS AMENDED BY TITLE 29 LOS ANGELES COUNTY MECHANICAL CODE), THE 2025 CALIFORNIA RESIDENTIAL CODE (AS AMENDED BY TITLE 30 LOS ANGELES COUNTY RESIDENTIAL CODE), THE 2025 CALIFORNIA GREEN BUILDING STANDARDS CODE (AS AMENDED BY TITLE 31 LOS ANGELES COUNTY GREEN BUILDING STANDARDS CODE), AND THE 2024
INTERNATIONAL PROPERTY MAINTENANCE CODE AS PUBLISHED BY THE INTERNATIONAL CODE COUNCIL.
WHEREAS, the 2025 California Building Standards Code, codified under Title 24 of the California Code of Regulations (“Title 24”), became effective throughout the state on January 1, 2026; and
WHEREAS, pursuant to California Health and Safety Code Section 17922, Title 24 must be adopted by reference; and
WHEREAS, pursuant to California Health and Safety Code Section 17958.5, the City may adopt amended versions of Title 24 but must make express findings that each amendment, addition, or deletion is necessary because of local climatic, topographical, or geological conditions; and
WHEREAS, pursuant to Government Code Sections 50022.2 and 50022.9, the City may adopt the Los Angeles County Code Titles that adopt by reference Title 24 along with any amendments thereto; and
WHEREAS, the City Building Official recommends adopting certain Los Angeles County Code Titles that adopt by reference amended versions of Title 24 because of local climatic, topographical, and geological conditions in the City of Bell Gardens, minimizing the impacts on local public health and safety and avoiding conflict or confusion regarding approvals and enforcement; and
WHEREAS, during its regular meeting on November 25, 2025, the Los Angeles County Board of Supervisors adopted, with local amendments, the 2025 California Building Code (as amended by Title 26, the Los Angeles County Building Code), the 2025 California Electrical Code, (as amended by Title 27, the Los Angeles County Electrical Code), the 2025 California Plumbing Code (as amended by Title 28, the Los Angeles County Plumbing Code), the 2025 California Mechanical Code (as amended by Title 29, the Los Angeles County Mechanical Code), the 2025 California Residential Code (as amended by Title
30, the Los Angeles County Residential Code), and the 2025 California Green Building Code (as amended by Title 31, the Los Angeles County Green Building Standards Code); and WHEREAS, the City finds it necessary to adopt by reference the recently adopted Los Angeles County Building, Electrical, Plumbing, Mechanical, Residential, and Green Building Standards with all local amendments adopted by the County Board of Supervisors on November 25, 2025; and
WHEREAS, the City also finds it necessary to adopt by reference the 2024 International Property Maintenance Code, as published by the International Code Council.
NOW, THEREFORE, THE CITY COUNCIL OF THE CITY OF BELL GARDENS DOES HEREBY ORDAIN AS FOLLOWS:
SECTION 1. The above recitals are true and correct and are incorporated herein by this reference.
SECTION 2. The purpose of this Interim Urgency Ordinance is to amend the City of Bell Gardens Municipal Code by adopting by reference, pursuant to California Government Code Sections 50022.2 through 50022.10, the recently adopted Los Angeles County Building Code (Title 26), Electrical Code (Title 27), Plumbing Code (Title 28), Mechanical Code (Title 29), Residential Code (Title 30), and Green Building Standards Code (Title 31), which adopted by reference and amended Parts 2, 2.5, 3, 4, 5, and 11 of Title 24, the 2025 California Building Standards Code, and the 2024 International Property Maintenance Code as published by the International Code Council.
SECTION 3. Based on the recommendations and findings contained in this Interim Urgency Ordinance and the accompanying staff report, the City Council hereby finds and declares that those certain amendments adopted by the Los Angeles County Board of Supervisors to the 2025 California Building Standards Code are reasonably necessary because of local climatic, geological, and topographical conditions existing within the City of Bell Gardens, including hot, dry summers and the high potential for seismic activity which make structures particularly vulnerable to rapidly spreading fires and structural damage, and that each such change is required to protect the public health, safety, and welfare.
SECTION 4. Declaration of Urgency. Pursuant to California Government Code Section 36937(b), this ordinance is hereby declared to be an urgency measure necessary for the immediate protection of the public health, safety and welfare. The City Council hereby finds that there is a current and immediate threat to the public health, safety and welfare regarding the City Buildings and Construction Code. Unless the City Council adopts an urgency ordinance, the 2025 California Building Standards Code will remain effective without the amendments necessary to preserve the public health, safety and welfare in the City of Bell Gardens until such time as the amendment to the code can become legally effective through the standard process of ordinance adoption. This will result in a gap in
the implementation of the more stringent City building codes necessary for the City of Bell Gardens due to the City’s unique climatic, geological and topographical characteristics.
The City Council hereby finds that such a gap in the implementation of said more stringent Code regulations will result in an immediate threat to the public health, safety and welfare of the City of Bell Gardens. The City Council hereby finds, determines and declares that the immediate preservation of the public health, safety and welfare necessitates the enactment of this ordinance as an urgency ordinance and hereby shall become enforceable upon adoption.
SECTION 5. Based on the foregoing, the City Council hereby adopts this Interim Urgency Ordinance, adopting by reference the Los Angeles County Building Code (Title 26), Electrical Code (Title 27), Plumbing Code (Title 28), Mechanical Code (Title 29), Residential Code (Title 30), and Green Building Standards Code (Title 31), which adopt by reference and amend the 2025 California Building Standards Code Parts 2, 2.5, 3, 4, 5, and 11 of Title 24 of the California Code of Regulations, and the 2024 International Property Maintenance Code as published by the International Code Council.
SECTION 6. The following sections and subsections of Chapter 6.04 (Building Code) of Title 6 (Buildings and Construction) of the Bell Gardens Municipal Code are hereby amended to read as follows:
6.04.010 Adoption of the 2022 2025 California Building Code as amended by Title 26, Los Angeles County Building Code (adopted 2022 2025 by the Los Angeles County Board of Supervisors).
A. The 2022 2025 California Building Code as amended by Title 26, Los Angeles County Building Code (adopted 2022 2025 by the Los Angeles County Board of Supervisors), together with their appendices, which regulate the erection, construction, enlargements, alteration, repair, moving, removal, conversion, demolition, occupancy, use, equipment, height, area, security, abatement, and maintenance of buildings or structures within the city provide for the issuance of permits and collection of fees therefor, and provide for penalties for violation thereto, are hereby adopted by reference and conflicting ordinances are hereby repealed.
…
6.04.020 Penalty.
Every person violating any provision of the 2022 2025 California Building Code as amended by Title 26, Los Angeles Building Code, and appendices adopted by reference by BGMC 6.04.010 or of any permit or license granted thereunder, or any rules or regulations promulgated pursuant thereto, is guilty of a misdemeanor unless reduced to an infraction pursuant to Chapter 1.12 BGMC.
Upon conviction thereof he or she shall be punishable by a fine not to exceed $1,000 or imprisonment not to exceed six months or by both such fine and
imprisonment. The imposition of such penalty for any violation shall not excuse the violation or permit it to continue. Each day that a violation occurs shall constitute a separate offense.
SECTION 7. Section 6.04.060 (Soil classification) of Chapter 6.04 (Building Code) of Title 6 (Buildings and Construction) of the Bell Gardens Municipal Code is hereby deleted.
SECTION 8. The following sections and subsections of Chapter 6.08 (Mechanical Code) of Title 6 (Buildings and Construction) of the Bell Gardens Municipal Code are hereby amended to read as follows:
6.08.010 Adoption of the 2022 2025 California Mechanical Code as amended by Title 29, Los Angeles County Mechanical Code (adopted 2022 2025 by the Los Angeles County Board of Supervisors).
A. The 2022 2025 California Mechanical Code as amended by Title 29, Los Angeles County Mechanical Code (adopted 2022 2025 by the Los Angeles County Board of Supervisors), which regulates and controls the design, construction, quality of materials, erection, installation, alteration, repair, location, relocation, replacement, addition to, use or maintenance of heating, venting, cooling, refrigeration systems, or other miscellaneous heat producing appliances in the city, provides for the issuance of permits and collection of fees therefor and provides for penalties for the violation thereof with certain changes and amendments and all thereto is hereby adopted by reference, and all conflicting ordinances are hereby repealed.
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6.08.040 Penalty.
Every person violating any provision of the 2022 2025 California Mechanical Code as amended by Title 29, Los Angeles County Mechanical Code, and appendices adopted by reference by BGMC 6.08.010 or of any permit or license granted thereunder, or any rules or regulations promulgated pursuant thereto, is guilty of a misdemeanor unless reduced to an infraction pursuant to Chapter 1.12 BGMC.
Upon conviction thereof he or she shall be punishable by a fine not to exceed $1,000 or imprisonment not to exceed six months or by both such fine and imprisonment. The imposition of such penalty for any violation shall not excuse the violation or permit it to continue. Each day that a violation occurs shall constitute a separate offense.
SECTION 9. The following sections and subsections of Chapter 6.12 (Plumbing Code) of Title 6 (Buildings and Construction) of the Bell Gardens Municipal Code are hereby amended to read as follows:
6.12.010 Adoption of the 2022 2025 California Plumbing Code as
amended by Title 28, Los Angeles County Plumbing Code (adopted 2022 2025 by the Los Angeles County Board of Supervisors).
A. The 2022 2025 California Plumbing Code as amended by Title 28, Los Angeles County Plumbing Code (adopted 2022 2025 by the Los Angeles County Board of Supervisors), which provides minimum requirements and standards for the protection of the public health, safety and welfare by regulating the installation or alteration of plumbing and drainage materials, venting, wastes, traps, interceptors, water systems, sewers, gas piping, water heaters and other related products and workmanship in the city, provides for the issuance of permits and collection of fees therefor, and provides for penalties for the violations thereof, with certain changes and amendments thereto, is hereby adopted by reference and conflicting ordinances are hereby repealed.
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6.12.040 Penalty.
Every person violating any provision of the 2022 2025 California Plumbing Code as amended by Title 28, Los Angeles County Plumbing Code, and appendices adopted by reference by BGMC 6.12.010 or of any permit or license granted thereunder, or any rules or regulations promulgated pursuant thereto, is guilty of a misdemeanor unless reduced to an infraction pursuant to Chapter 1.12 BGMC.
Upon conviction thereof he or she shall be punishable by a fine not to exceed $1,000 or imprisonment not to exceed six months or by both such fine and imprisonment. The imposition of such penalty for any violation shall not excuse the violation or permit it to continue. Each day that a violation occurs shall constitute a separate offense.
SECTION 10. The following sections and subsections of Chapter 6.14 (Residential Code) of Title 6 (Buildings and Construction) of the Bell Gardens Municipal Code are hereby amended to read as follows:
6.14.010 Adoption of the 2022 2025 California Residential Code as amended by Title 30, Los Angeles County Residential Code (adopted 2022 2025 by the Los Angeles County Board of Supervisors).
A. The 2022 2025 California Residential Code as amended by Title 30, Los Angeles County Residential Code (adopted 2022 2025 by the Los Angeles County Board of Supervisors), which provides minimum requirements and standards for the protection of the public health, safety and welfare by regulating the design, construction, installation, quality of materials, use, occupancy, location, and maintenance of all buildings, structures, grading, and certain equipment as specifically set forth therein, and provides penalties for the violations thereof, with all changes and amendments thereto, is hereby adopted by reference and all conflicting ordinances are hereby repealed.
…
6.14.040 Penalty.
Every person violating any provision of the 2022 2025 California Residential Code as amended by Title 30, Los Angeles County Residential Code, and appendices adopted by reference by BGMC 6.14.010 or of any permit or license granted thereunder, or any rules or regulations promulgated pursuant thereto, is guilty of a misdemeanor unless reduced to an infraction pursuant to Chapter 1.12 BGMC.
Upon conviction thereof he or she shall be punishable by a fine not to exceed $1,000 or imprisonment not to exceed six months or by both such fine and imprisonment. The imposition of such penalty for any violation shall not excuse the violation or permit it to continue. Each day that a violation occurs shall constitute a separate offense.
SECTION 11. The following sections and subsections of Chapter 6.16 (Electrical Code) of Title 6 (Buildings and Construction) of the Bell Gardens Municipal Code are hereby amended to read as follows:
6.16.010 Adoption of the 2022 2025 California Electrical Code as amended by Title 27, Los Angeles County Electrical Code (adopted 2022 2025 by the Los Angeles County Board of Supervisors).
A. The 2022 2025 California Electrical Code as amended by Title 27, Los Angeles County Electrical Code (adopted 2022 2025 by the Los Angeles County Board of Supervisors), which provides minimum requirements and standards for the protection of the public health, safety and welfare by regulating the installation or alteration of electrical wiring, equipment, materials, and workmanship in the city, provides for the issuance of permits and collection of fees therefor and provides penalties for the violations thereof, with all changes and amendments thereto, is hereby adopted by reference and all conflicting ordinances are hereby repealed. …
6.16.040 Penalty.
Every person violating any provision of the 2022 2025 California Electrical Code as amended by Title 30, Los Angeles County Electrical Code, and appendices adopted by reference by BGMC 6.16.010 or of any permit or license granted thereunder, or any rules or regulations promulgated pursuant thereto, is guilty of a misdemeanor unless reduced to an infraction pursuant to Chapter 1.12 BGMC.
Upon conviction thereof he or she shall be punishable by a fine not to exceed $1,000 or imprisonment not to exceed six months or by both such fine and imprisonment. The imposition of such penalty for any violation shall not excuse the violation or permit it to continue. Each day that a violation occurs shall constitute a
separate offense.
SECTION 12. The following sections and subsections of Chapter 6.18 (Green Building Standards Code) of Title 6 (Buildings and Construction) of the Bell Gardens Municipal Code are hereby amended to read as follows:
6.18.010 Adoption of the 2022 2025 California Green Building Standards Code as amended by Title 31, Los Angeles County Green Building Standards Code (adopted 2022 2025 by the Los Angeles County Board of Supervisors).
A. The 2022 2025 California Green Building Standards Code as amended by Title 31, Los Angeles County Green Building Standards Code (adopted 2022 2025 by the Los Angeles County Board of Supervisors), which provides minimum requirements and standards for the protection of the public health, safety and welfare by enhancing the design and construction of buildings through the use of building concepts having a reduced negative impact, or positive environmental impact, and encouraging sustainable construction practices in planning and design, energy efficiency, water efficiency and conservation, material conservation and resource efficiency, and environmental air quality as specifically set forth therein, and provides penalties for the violations thereof, with all changes and amendments thereto, is hereby adopted by reference and all conflicting ordinances are hereby repealed.
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6.18.040 Penalty.
Every person violating any provision of the 2022 2025 California Green Building Standards Code as amended by Title 31, Los Angeles County Green Building Standards Code, and appendices adopted by reference by BGMC 6.18.010 or of any permit or license granted thereunder, or any rules or regulations promulgated pursuant thereto, is guilty of a misdemeanor unless reduced to an infraction pursuant to Chapter 1.12 BGMC. Upon conviction thereof he or she shall be punishable by a fine not to exceed $1,000 or imprisonment not to exceed six months or by both such fine and imprisonment. The imposition of such penalty for any violation shall not excuse the violation or permit it to continue. Each day that a violation occurs shall constitute a separate offense.
SECTION 13. A new Chapter 6.19 titled “INTERNATIONAL PROPERTY MAINTENANCE CODE” is hereby added to Title 6 (Buildings and Construction) of the Bell Gardens Municipal Code and shall read as follows:
6.19.010 Adoption of the 2024 International Property Maintenance Code as Published by the International Code Council.
A. The 2024 International Property Maintenance Code as published by the International Code Council, provides minimum requirements and standards regulating buildings or structures which are dilapidated, unsafe, dangerous, unsanitary, or a menace to the life, limb, health, morals, property, safety, and general welfare of the people of the City, or which are a likely resort for vagrant or dissolute persons, and provides penalties for the violations thereof, is hereby adopted by reference and all conflicted ordinances are hereby repealed.
B. All of the regulations, provisions, conditions and terms of said codes, together with their appendices, one copy of which will be on file and accessible to the public for inspection at the community development department, are hereby referred to, adopted and made part of this chapter as if fully set forth in this chapter with the exceptions, deletions, additions and amendments thereto as set forth in this chapter.
6.19.030 International Property Maintenance Code fees.
Notwithstanding the provisions of this chapter, fees for plan check, inspection and other miscellaneous services shall be based on the most current fee set forth by resolution of the city council.
6.19.040 Penalty.
Every person violating any provision of the 2024 International Property Maintenance Code as published by the International Code Council, adopted by reference by BGMC 6.19.010, or of any permit or license granted thereunder, or any rules or regulations promulgated pursuant thereto, is guilty of a misdemeanor unless reduced to an infraction pursuant to Chapter 1.12 BGMC. Upon conviction thereof he or she shall be punishable by a fine not to exceed $1,000 or imprisonment not to exceed six months, or by both such fine and imprisonment.
The imposition of such penalty for any violation shall not excuse the violation or permit it to continue. Each day that a violation occurs shall constitute a separate offense.
SECTION 14. Not less than one copy of the City of Bell Gardens Buildings and Construction Codes, and all codes and amendments thereto, adopted by reference, duly certified by the City Clerk, shall be kept on file in the office of the City Clerk for examination and use by the public. Amendments to this code shall be noted by ordinance number on the appropriate pages of such code and one complete file of amended ordinances, indexed for ready reference, shall be maintained in the office of the City Clerk for use and examination by the public. Distribution or sale of additional copies of these codes shall be made as directed by the City Council. In addition, one copy of said City of Bell Gardens Building and Construction Codes, and all codes and amendments thereto, may likewise
be maintained by the Director of Community Development Department for examination and use by the public.
SECTION 15. The City Council finds that this Interim Urgency Ordinance amending the Bell Gardens Buildings and Construction Code is not a project under the California Environmental Quality Act (CEQA) (Pub. Res. Code § 21000 et seq.), as that term is defined in the CEQA Guidelines (Cal. Code Regs., Title 14, § 15000 et seq.; § 15378, subd. (b)(5).) Therefore, it can be seen with certainty that there is no possibility that the adoption of this Interim Urgency Ordinance would have a significant effect on the environment.
SECTION 16. If any section, subsection, sentence, clause, phrase, or portion of this Interim Urgency 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 Interim Urgency Ordinance. The City Council hereby declares that it would have adopted this Interim Urgency 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 17. This Interim Urgency Ordinance shall take effect immediately upon its adoption by a four-fifths (4/5) vote of the City Council. Within (5) days of its passage, the City Clerk of the City of Bell Gardens shall certify to the passage and adoption of this ordinance and to its approval by the Mayor and City Council and the Building Official shall cause the same to be filed with the California Building Standards Commission. And within (15) days after its passage, the City Clerk shall certify the adoption of this ordinance and shall cause a summary of same to be published once in a newspaper of general circulation within the City of Bell Gardens.
SECTION 18. This Interim Urgency Ordinance shall terminate forty-five (45) days after adoption.
[Signatures on next page]
PASSED, APPROVED and ADOPTED this _____ day of January, 2026.
THE CITY OF BELL GARDENS
Miguel De La Rosa, Mayor
APPROVED AS TO FORM: ATTEST:
Stephanie Vasquez Daisy Gomez
City Attorney City Clerk
STATE OF CALIFORNIA )
COUNTY OF LOS ANGELES) SS:
CITY OF BELL GARDENS )
I, Daisy Gomez, City Clerk of the City of Bell Gardens, hereby CERTIFY that City Council Urgency Ordinance No. _____ was passed and approved by the City Council of the City of Bell Gardens at a regular meeting held on ________________, 2026 by the following vote:
AYES:
NOES:
ABSTAIN:
ABSENT:
_______________________________
Daisy Gomez, City Clerk
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: John Anson Ford Park Infiltration Cistern Project Update MEETING DATE:January 12, 2026
RECOMMENDATION:
It is staff’s recommendation that the City Council receive and file this update on the John Anson Ford Park Infiltration Cistern Project.
BACKGROUND / DISCUSSION:
The Los Angeles River Upper Reach 2 Watershed Management Area (LARUR2 WMA) is a sub-watershed of the Los Angeles River Watershed. The LARUR2 WMA encompasses seven cities: Bell, Bell Gardens, Commerce, Cudahy, Huntington Park, Maywood, and Vernon with a total area of 22.21 square miles. The LARUR2 WMA is highly urbanized with the largest land use being industrial and commercial. The LARUR2 WMA Cities funded the development of a LARUR2 WMA Watershed Management Program (WMP).
The John Anson Ford (JAF) Park Infiltration Cistern Project (the “Cistern Project”) was identified as the highest priority project for implementation to meet the National Pollutant Discharge Elimination System (NPDES) Municipal Separate Storm Sewer System (MS4) Permit requirements. The Cistern Project diverts dry and wet weather flows from a 2,295- acre regional watershed that drains via a double-reinforced concrete box storm drain to the concrete-lined Rio Hondo Channel at the southerly end of John Anson Ford Park. The primary goal of the Cistern Project is to achieve receiving Water Quality Objectives for the entire Rio Hondo watershed portion of the LARUR2 WMA. It is intended to address the highest priority pollutants, metals and bacteria, identified in the WMP.
On March 12, 2018 the City Council adopted Resolution No. 2018-21 entering into an Agreement between the LARUR2 WMA Cities for the construction and maintenance of the Cistern Project. The Agreement called for Bell Gardens to serve as the lead agency responsible for the Cistern Project’s construction and maintenance, and provided a formula for the sharing of all costs associated with the construction of the Cistern Project and its on-going operations and maintenance costs.
The Cistern Project was funded through a combination of funds from three sources: (1) the Cities of Bell, Bell Gardens, Commerce, Cudahy, Huntington Park, Maywood and
Vernon as stipulated in the Cities’ Agreement; (2) grant funding from the State of California Prop 1 Stormwater Program; and (3) funds the Los Angeles County Safe Clean Water (SCW) Measure W Regional Program via the Lower Los Angeles River Watershed Area Steering Committee.
PROJECT DESCRIPTION:
The scope of work included the installation of a 21.5 acre-foot cistern to capture stormwater diverted from the L.A. County storm drain line, installation of a flow splitting structure, hydrodynamic separator, gate valve with actuator, diversion structures with grate inlet, irrigation system, flow meter, instrumentation and control system, pavement installation for parking lot reconstruction, lighting, and monument signs, turf installation, storm drain and sanitary sewer line relocation, and new electrical service.
During wet-weather storms the gate valve closes when the water level in the cistern is just below the soffit. The actuator is activated by a level pressure transducer which measures the water level in the cistern.
Data from the flow meter and water level pressure transducer are recorded in a monitoring and data storage system. The data collection system is a self-standing system and data is downloaded using a standard UBS memory drive.
PROJECT PERFORMANCE:
The Cistern Project is diverting 100% of dry weather flow resulting in a large reduction in pollutant load to the Rio Hondo Channel and the Los Angeles River Watershed. The Cistern Project also diverts up to 21.5 acre-feet of a storm event which captures the first flush from smaller storms and a portion of it from larger storm events. This results in a significant reduction in the pollutant load reaching the Rio Hondo Channel and ultimately the Pacific Ocean. To the extent there is over-irrigation in the watershed, which is one of the primary contributors to dry weather flow, the Cistern Project reduces the pollutant loading emanating from the watershed to the Rio Hondo Channel and the LA River Watershed.
The Cistern Project became operational in Spring 2025 and the first opportunity to document this occurred recently during an April 2025 storm event. Although it was a relatively light rain event the cistern filled to capacity equating to 21.5 acre-feet of water that infiltrated and eventually replenished the Central Basin, the primary water supply for the communities in the southeast portion of Los Angeles County.
NEXT STEPS:
Operations and Maintenance (O&M) is a critical component of any project, and the Cistern Project is no exception. Implementation of proper O&M procedures is important for both the proper operation of the Cistern Project and to prolong the Cistern Project’s lifespan.
The Cistern Project, as with many other similar stormwater capture projects in the region, is a first-generation project and there is little operations and maintenance history associated from which to draw from. The information that is becoming available from the Cistern Project confirms that each project presents unique challenges and there is no one-size-fits-all set of O&M procedures. In fact, just the opposite as adjustments continue
to be made to the Cistern Project O&M to address operational issues that presented themselves once the Cistern Project was placed into service, making it difficult to develop a detailed budget.
For the Cistern Project, the first year O&M budget is estimated at $100,000.00. The O&M expenses will be borne by the seven LARUR2 WMA Cities. A Memorandum of Understanding for O&M of the Cistern Project (MOU) is being signed by all the LARUR2 WMA Cities. The MOU calls for Bell Gardens to operate and maintain the Cistern Project and invoice the LARUR2 WMA Cities for their respective share of the O&M costs following the year they were incurred as required by the 2018 Agreement for the construction and maintenance of the Cistern Project.
A summary of the anticipated operations and maintenance activities for the Cistern Project is outlined in the following table:
Summary of Anticipated O&M Activities
Component Operation/Maintenance
Diversion System
(inlet & pipe)
Inspect for accumulated sediment and debris over
grate and within manhole
Remove accumulated sediment and debris (litter
and leaves) from the grate and inside structure
Inspect conveyance pipe for clogging
Remove accumulated materials from the pipe
system
Instrumentation
& Data Collection
System
Verify data collection is working properly
Update data collection & update firmware /
software
Calibrate all system components
Pretreatment
System
Inspect for blockages or obstructions in the inlet
and separation screen
Clear blockages or obstructions if observed
Inspect sump to access volume of sediment
accumulated
Use vacuum truck to remove accumulated
sediment and debris
Subsurface
Infiltration Cistern
Inspect for clogging at inlet pipes
Clear debris and material at inlet if clogged
Inspect for sediment accumulation within storage
area
Use a vacuum truck to remove accumulated
sediment and debris as appropriate
Observe infiltration rates over time to confirm
infiltration areas are not clogged
Restore infiltration if rates impacted significantly
(maintenance requirements may vary based on
issue)
Flow Meter Inspect flow data to identify anomalies
Troubleshoot with manufacturer if data anomalies
observed
Component Operation/Maintenance
Gaskets and water tight seals should need to be
replaced bi-annually
The gate valve has been closed to allow infiltration galleries to empty, as is currently occurring. During the coming month, the following maintenance activities will be undertaken:
•Finalize execution of UR2 WMA Cities Cistern Project O&M MOU •Short Term Replacement and Operations Issues
•Upgrade Maple System PLC Instrumentation System
•Adjust Access Manhole Flush with ground level
•Inspect float switch and adjust as necessary
•Inspect access shaft (requires removal of precast concrete slabs) •Install camera for observation of flow regime
•Install flow meter on diversion line
•Inspect diversion inlet and clean out weekly
•Reset system breaker as necessary for remote login connectivity CONCLUSION:
The Cistern Project is now operational, diverting stormwater and urban runoff from the Rio Hondo Channel, with the multi-benefit of reducing pollutants into the Pacific Ocean and recharging groundwater in the Central Basin for beneficial use. While construction has been completed, the Cistern Project will now require annual O&M to ensure that it performs as designed with the cost of the O&M being borne by the seven UR2 WMA Cities based on a cost-share formula that includes an equal share for half of the cost and a percentage based on land area for the other half of the cost.
FISCAL IMPACT:
The initial annual Cistern Project O&M budget is $100,000, to be paid by the seven LARUR2 WMA Cities. The O&M budget will be adjusted annually based on the actual costs for O&M of the Cistern Project. Based on a budget of $100,000, the Bell Gardens annual share of the cost will be $12,800 funded through the City’s Municipal Measure W funds.
APPROVALS:
Michael B. O'Kelly, City Manager
Stephanie Vasquez, City Attorney
Manuel Carrillo, Director of Finance and Administrative Services
CITY OF BELL GARDENS
OFFICE OF THE CITY MANAGER
EXECUTIVE SUMMARY
TO:Honorable Mayor and City Council Members
FROM:Michael O’Kelly, City Manager
BY: Daisy Gomez, City Clerk
SUBJECT:Consideration of Adoption of a Resolution Updating the Compensation Structure and Policy for City Commissioners and Rescinding Resolution No. 2006-34
MEETING DATE:January 12, 2026
RECOMMENDATION:
It is recommended that the City Council:
1. Adopt the attached Resolution approving an updated compensation structure and policy for City Commissioners; and
2. Rescind Resolution No. 2006-34.
BACKGROUND / DISCUSSION:
On November 10, 2025, the City Council of the City of Bell Gardens (“City”) requested staff to review the existing City commission practices and identify options to expand resident participation in City commissions.
Ordinance No. 825 was adopted to establish uniform standards governing boards and commissions. Bell Gardens Municipal Code (“BGMC”) authorizes the City Council to determine by resolution the compensation and reimbursement for actual expenses incurred in connection with the official business of the commission to the extent authorized by the City Council. This authority applies to the City’s commissions, including but not limited to the Planning Commission (BGMC Section 2.28.040), the Traffic and Safety Commission (BGMC Section 2.35.040), the Education Commission (BGMC Section 2.68.040), the Recreation, Cultural and Youth Commission (BGMC Section
2.31.050), and the Senior Citizen Commission (BGMC Section 2.22.032).
In order to update the City’s commission compensation practices and comply with the BGMC, Staff recommends to rescinding Resolution No. 2006-34 and adopting the attached Resolution to update the compensation structure and policy.
The proposed framework establishes a uniform monthly stipend of One Hundred Dollars ($100) and clarifies how compensation is administered for different categories of commissions. Under the proposed framework, members of commissions exercising legislative functions (e.g., Planning Commission, Traffic and Safety Commission) would receive a stipend by default, while members of commissions serving in a purely advisory
capacity would not receive compensation as a matter of course, but would be allowed to submit a written request to the City Clerk requesting a stipend.
Commissioner compensation is based on any and all commission meetings attended in any certain month. Any commissioner who receives or requests authorization to receive a stipend must submit a completed IRS Form W-9, and comply with all requirements for service set forth in the Bell Gardens Municipal Code, including but not limited to the filing of a Form 700 with the Fair Political Practices Commission (FPPC).
CONCLUSION:
The attached Resolution amending compensation for members of the city commissions and rescinding Resolution No. 2006-34 intends to update to the current practices.
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
RESOLUTION NO. 2026-08
A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF BELL
GARDENS, CALIFORNIA, ADOPTING AN UPDATED COMPENSATION
STRUCTURE AND POLICY FOR CITY COMMISSIONERS
WHEREAS, the City of Bell Gardens (“City”) has various commissions serving legislative and advisory functions, comprised of dedicated community members appointed by the City Council; and
WHEREAS, appointed members of City commissions serve at the pleasure of the City Council pursuant to Government Code Section 36506; and WHEREAS, City commissioners provide valuable input and recommendations on matters within their respective purviews and play a pivotal role in addressing the City’s evolving needs; and
WHEREAS, City commissioners are expected to attend all meetings, actively participate in deliberations, and vote within the jurisdiction of their respective commissions; and
WHEREAS, the City most recently updated the City commission compensation structure in Resolution No. 2006-34 on November 13, 2006, and the City now desires to update said Commission Compensation structure and policy; and WHEREAS, the City Council may determine compensation for the various commissions by resolution pursuant to Government Code Section 36506 and the Bell Gardens Municipal Code (“BGMC”), including commissions with legislative functions, i.e., the Planning Commission (BGMC Section 2.28.040), and the Traffic and Safety Commission (BGMC Section 2.35.040), and commissions with purely advisory functions, i.e., the Education Commission (BGMC Section 2.68.040), the Recreation, Cultural and Youth Commission (BGMC Section 2.31.050), and the Senior Citizen Commission (BGMC Section 2.22.032)
NOW, THEREFORE, BE IT RESOLVED by the City Council of the City of Bell Gardens as follows:
SECTION 1. The City Council of the City of Bell Gardens hereby finds that the above recitals are true and correct and incorporate them herein by this reference.
SECTION 2. The City Council hereby rescinds Resolution No. 2006-34 in its entirety.
SECTION 3. The City Council, by adoption of this Resolution, establishes the following compensation structure and policy for all City commissioners:
Resolution No. 2026-08
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Commissioner compensation is a stipend, not employment income, and is intended solely to offset incidental costs associated with preparing for, attending, and travelling to and from commission meetings. Payment is made consistent with City transaction practices. Compensation is based on any and all commission meetings attended, not to exceed $100 per month.
Members of the legislative commissions referenced below shall receive a stipend not to exceed the following:
Planning Commission $100/meeting
Traffic and Safety Commission $100/meeting
Members of advisory commissions referenced below shall not receive compensation as a matter of course. However, a member of an advisory commission may request authorization to receive a stipend by submitting a written request to the City Clerk. Any approved stipend shall not exceed the following:
Education Commission $100/meeting
Recreation, Cultural and Youth Commission $100/meeting Senior Citizen Commission $100/meeting
Any commissioner who receives or requests authorization to receive a stipend must submit a completed IRS Form W-9, and comply with all requirements for service set forth in the Bell Gardens Municipal Code, including but not limited to the filing of a Form 700 with the Fair Political Practices Commission (FPPC).
Members are generally not eligible for any expense reimbursement beyond their approved stipend.
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.
[Signatures on next page]
Resolution No. 2026-08
3 of 4
PASSED, APPROVED and ADOPTED this 12th day of January, 2026.
THE CITY OF BELL GARDENS
Miguel De La Rosa, Mayor
APPROVED AS TO FORM: ATTEST:
Stephanie Vasquez Daisy Gomez
City Attorney City Clerk
Resolution No. 2026-08
4 of 4
I, Daisy Gomez, City Clerk of the City of Bell Gardens, hereby CERTIFY that City Council Resolution No. 2026-08 was adopted by the Bell Gardens City Council at a regular meeting of the City Council held on Monday, January 12, 2026, and was approved and passed by the following vote:
AYES:
NOES:
ABSTAIN:
ABSENT:
_______________________________
Daisy Gomez
City Clerk